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Home My WebLink About09-92D Recorded Easement Resolution No. 09-92 RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH OTTER CREEK, L.L.C. FOR DEVELOPMENT OF A BURLINGTON COAT FACTORY STORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock,Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Development Agreement on behalf of the City of Elgin with Otter Creek, L.L.C. for development of a Burlington Coat Factory Store at the Otter Creek Shopping Center,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: April 8, 2009 Adopted: April 8, 2009 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk Memorandum f Clk,y'i City of Elgin , To: Jennifer Quinton, Deputy Clerk From: Mary Giffort, Legal Secretary/Paralegal Subject: Resolution No. 09-92 Adopted at the April 8, 2009 Council Meeting regarding Otter Creek LLC Development of a Burlington Coat Factory Store Attached find for the city clerk's files one originally executed copy of the agreement between the city and Otter Creek,L.L.C. The recorded easement agreements are attached as exhibits to the incentive agreement. M mg Attachment • I II 1111 This Instrument Prepared by and Return After Recording to: 200SK042702 Christopher J. Beck SANDY WEGMAN City of Elgin RECORDER - KANE COUNTY, IL 0 Legal Department RECORDED: 6:8/2009 10:08 AM 150 Dexter Court RE FEE: 49.000 Elgin IL 60120-5555 MAP ATTACHED =AGES: 10 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this gday of C2pAtLi , 2009, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City"), and Otter Creek, LLC, an Illinois limited liability company, (hereinafter referred to as the "Grantor"). WITNESSETH WHEREAS, Grantor owns the real property depicted on Exhibit A, attached hereto and incorporated herein by this reference, located along Randall Road, Elgin, Illinois, and having Permanent Index Number 06-21-105-001 (hereinafter referred to as the "Subject Property"); and, WHEREAS,the City desires to obtain a permanent easement from the Grantor for the purposes of constructing, maintaining, operating and repairing a sewer line over that portion of the Subject Property depicted by the area designated "Sanitary Sewer Easement" on Exhibit A and legally described on Exhibit B,attached hereto and incorporated herein by this reference(hereinafter referred to as the "Easement Premises"); and, WHEREAS, the City further desires to obtain a temporary construction easement from the Grantor for the purposes of constructing said sewer line over that portion of the Subject Property depicted by the areas designated "Temporary Construction Easement" on Exhibit A and legally described on Exhibit C, attached hereto and incorporated herein by this reference(hereinafter • referred to as the "Temporary Construction Easement Premises"); and, - 1 - 1� WHEREAS,Grantor has agreed to grant such easements to the City for such purposes and pursuant to the terms and conditions of this Easement Agreement. NOW,THEREFORE,for and in consideration of Four Thousand Dollars($4,000.00) in hand paid to Grantor, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That Grantor being the owner of the Subject Property,does hereby grant to the City a permanent and exclusive easement for the construction,installation,maintenance, operation and repair of a sewer line, along with any appurtenances or facilities related thereto, within, over, under, along, across and through the Easement Premises. 2. That Grantor does hereby further grant to the City a temporary construction easement allowing access over, within, under, along, across and through, and use of the Temporary Construction Easement Premises for the purpose of constructing,installing,maintaining,operating or repairing said sewer line under and through the above-described Easement Premises. The temporary construction easement hereby granted shall be deemed terminated after the thirty-six(36) month period following the commencement of construction within the Easement Premises. 3. That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the Easement Premises and the Temporary Construction Easement Premises to the same condition as existed immediately prior to the existence of such rights as is reasonably practicable and shall leave the Easement Premises and the Temporary Construction Easement Premises and surrounding premises free from debris. 4. That the City for itself,its agents and independent contractors,hereby agrees to indemnify and hold Grantor and its successors harmless from third party claims for personal injuries or property damage arising directly as a result of the City's work in the Easement Premises and the Temporary Construction Easement Premises during construction or during any subsequent maintenance or repair thereof. The City further agrees to indemnify and hold harmless Grantor from any and all liens placed against the Easement Premises or the Temporary Construction Easement Premises arising from said construction activities. - 2 - 5. That the Grantor and its successors shall not construct any structures or buildings nor plant any trees on the Easement Premises nor undertake any other activities on the Easement Premises which unreasonably interfere with the City's intended use of the Easement Premises. 6. That no amendment,revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 7. That this agreement constitutes the entire agreement between the parties and is intended as a complete and exclusive statement of the terms of the parties agreement, and it supersedes all prior and concurrent promises, representations,proposals,negotiations, discussions and agreements that may have been made in connection with the subject matter hereof 8. That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 9. That the City may utilize the services of third party contractors, employees or other agents to perform work in either the Easement Premises or the Temporary Construction Easement Premises. 10. That Grantor hereby represents and warrants to the City that it is the fee simple title holder of the Easement Premises and the Temporary Construction Easement Premises and that it has the full power and authority to enter into and make the grant of easement as provided herein. 11. That this agreement shall be binding on the parties hereto,their successors and permitted assigns and shall run with the land. 12. That this agreement shall be recorded by the City at the City's cost with the Kane County Recorder. - 3 - IN WITNESS WHEREOF,the parties have entered into and executed this Easement Agreement on the date and year first written above. CITY OF ELGIN OTTER CREEK, LLC ayor 3 f e,J;o5 4 k 4:p. Attest: � Its: City Clerk Attest: F:\Legal Dept\Agreement\Easement-Allied District-Lot 5-Otter Creek Incentive Agr.doc - 4 - STATE OF ILLINOIS ) ) SS. COUNTY OF KANE ) I,the undersigned, a Notary Public,in and for said County,in the State aforesaid,do hereby certify that Ed Schock,Mayor, and Diane Robertson, City Clerk,personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand an official seal, this yClay of April, 2009. .'dwAI Notary Public/ "OFFICIAL SEAL" MAW'GIFFOTT STATE OF ILLINOIS ) notary Public,state of+iiinois SS. My Commission Expires 0611312012 COUNTY OF KANE ) I,the undersigned, a Notary Public,in and for said County,in the State aforesaid,do hereby certify that Stelios Aktipis is personally known to me to be the same person whose name is subscribed to the foregoing instrument,appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal, this Q day of March, 2009. Notary Public/ "`OoFFiciAL SEAL" MURY C31FFO T dvl4rr rUbOC,8qie 4#Illinois '�,;;+mss�on�q�g 06/13/2012 +'• .,y'.a y::fit o. _ - 5 - EXHIBIT A Plat of Easement,prepared by Barrington Engineering Consultants,Ltd.,last revised September 12, 2007, to be inserted. - 6 - r PLAT OF EASEMENT A TRMPORARY CONSTRUCTION s.lo�WOxu OF PART omFewnwEar ZI / ��J$I O RNE/k TT SUBUN18ION I�' , I)/III QUARTER OWFOIR OF RECTOR EOFR!ELT NNR�NWT OF RE ram 'a OF sCTRM 21.AiLL N 1pRRONIR•RCRTN.1•1101 s ' i b I I AJO I OF NRrL OETREeoAS FOLOVa COq�BA:NOA,M eavrrNASrcaeRRMF II I N LOTIbTNNaNCR NOR.R WORM m WARMS,N RaNnOWRST ALOIIMM,mN,49RY LNe OF SAO ( I S.am rE£T ro"POW OF w RVATU R nwILEwaT6ar ALCM NE eu TRENNLNE RENO ALONG CURVE weAV ETO NEBwnlww2nARAMACFmm FRET,"anm WARM NORM IP ORORM.R i `. �8ro,y.1. Scale 1"=301 NM1 R.RR.00wesl aIa tMTUI�aFCAN MET wRnE PONT OFCwaI.a Rd.wRM1n ROME.s wwln.uawROS W•017 FEET TOR PORT ON THE RORIN,62MRY L.OF SAOLOT E. r IJ ROLM"Ml 40OLOR ORR.INNu,CA m NNM PROM.o CORM r OFFLLOTT RM OFR,R, I f I i • I /r RReEaMRnnEM ano Ta,R.�RR.EEE T H..FEETTOAPONTONTI!NRRua.vLIEOF 1l , • ENO LOT eSAO PORrEMCACIMIe;lwxx eASTeRV ALONG MC SGJ7,49RNL:,EENOALROfl I MURIEL FlIRSBETN KAY RESUBONISION ORIUM COWRY.TO TE ROM HARM AR.OU OF 2Rm FM AOaOINARNO NORM N ORNae;• I • I 8 OOC.NO.WCpA9B61 EAII S,37ReamePARR ANMC ORTANTE OF NM FEET TO MFMNT OF MOOR.,NTRECF COON. I 1 LOT 9 RAAECaunr.ERNOR II I A I ✓ r 4 j I I I I --� ISO.W SANITARY SEWRItEMEME/R 1I 1 / 11 R.O.w PAM OF LOT Bw OMB.MraEN,vR SUBpMgR ROM A UMW.OF MR OVINE 11 1 1 WOVTMFn'OWRTEROF MOTOR IR PMTOIM ROOIEARGINIRC10I C'TRT4]J IaM V • I �/ I NORS.OLMRTEROFSECTOR NANO PART OF M NORM/WMCURRER OF RECTO MALL I\ I Q ,M RANORBMW O M TNM PRecN•LEROON DESCREm AS T'u2uRk I Bourne ST 091.491 OF WHO":NONCE NORM N CEOTRER,W MWIES,N1 MINCE CNO E9,ALONMTNEEMTEIRYL E OF MO LOTS,EMMET TOR PONT VGRV TUE; MURIEL ELISABETH KAY RESIIBONISION I \ ; Q WRBIFAr,ALONGM RWTRALY LEE RUMP/CUM CNU.NE TO THE EATR RAV OA 1 \ MOOR OF msO FEN.AdaRD WARM NORMRDEOIRECNMNLM,NRrcoMSWERT.AN ARC WC.LO peNMRSBM . TA�OF RMFINT:TOILS NORM n MOIRE..R MMRER,N ECORBROT ISE.R RIR,. LOT 1 g I\ \ 1� Cr TFR NORENNTRVIN[6MOLMfg6lOPoNIYM2NMFHTNRIMFTRYMF I \ \ i� W ry MR xORMSNSmY CORNER OF MO LOT S:TERE NORRN MEMPES.a MNUEROr RECORD. I I /I z' FARTALONO SRONOTMNrtlTO¢V LPN NMFER,TIERCE ROImnl2TERNMWOENUTRI I \ I ,MI DEOREEN 00 MUTER IP RECORDS TIE ENSTOIV IIET MO LOT R MR ROM OFOEORER.N MNINES,Ed,MR REST PI \ / 1 ;OLOLOL TO DE PONT OF NRIxAw.NM Cm OF EON.ROEwMn.uNON N 0) \\ \\ I i 20.a'p • 4f 1 f S•s• W 4r\ \ 33pp �\ \' / SANITARY SEWER EASEMENT 0.15 Acres TEMPORARY CONSTRUCTION EASEMENT __ YES �;��. 4I'� 1 0.09 Acres s3 ,, I I—--——— / t1 N 049.73'� Easement'c, i t" I 1 49.73 PoIM Of o/Tenlpore� / I / 1 ,- -J �Se ��ap� T� PoIM of noting of Sanitary Serer Eeeement 666 IITFM•A�me 4$ aF� \ _ 26.00' 1 T / �'� ' \ i $3 N 92.00'53'W / Eaae1. R•Y33 00' \ 8 N �-�— --/ '� Are.3E.5T_.`�� /R•233.pp� _~ — e • 5 cn•3e.75 Arc.17.94' r fad N 81.41'37"E \ g 87.53'50",E �uI11�,-�-.^_'yl o�- RReTnAEwEBL@'T°a.RO.NwTxe •O�4'. • ' I L •,AL�y' ,grP Pei nteRepFn' of TemporTayl I MURIEL SI A DOC.NO.MAY �LT� r Mme'O C M I RESZADNISION pOC.N0.MRRMERReR RI ,� LOT 2 t I i �+ i z ' I a I / QO WEBPNE Me DERMOT SUBDIVISION LOT 4 • .1 / _ I i II E z— / PLAT OF EASEMENT ,_ 4 RMTE6rfOR , / / ' 'NREEr1xR,.,RAUWE WSW PREPARED M / // i_____ '� `. 1 FORM PIRPOE.ASMOAN MPLUME./TNM,ZRMIRA MANN / t Baxter 8: Woo 4SPPMO. ^� COREC,RI3EENTATIONNRAORMNer. / / nP2al l.a Mrb.e1. eft.,rzeo �4 ONmegRe Ane Nam N FHT Aa•- B =. E!.W,T.� q� po r- ..P.E, "iY04. de? MIE *ammo asses.r:AS IM ib S WON M.REM® "MnMimimW^ ROHR MueyL ! Rog NYPROFEeRO1ML LICENSE 1.NMAL MT:M71OMmlo uaeR Rpm II-SE-NIR I MOM MT:A!• $ 1. 8,0:1.14 IBNn:1••M bE aa2:wrMin 030681 a EXHIBIT B SANITARY SEWER EASEMENT THAT PART OF LOT 5 IN DARLENE MCDERMOTT SUBDMSION BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 16, PART OF THE SOUTHEAST QUARTER OF SECTION 17,PART OF THE NORTHEAST QUARTER OF SECTION 20 AND PART OF THE NORTHWEST QUARTER OF SECTION 21, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 5; THENCE NORTH 82 DEGREES, 00 MINUTES, 53 SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID LOT 5, 28.00 FEET TO A POINT OF CURVATURE; THENCE WESTERLY, ALONG THE SOUTHERLY LINE BEING ALONG A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 233.00 FEET, A CHORD BEARING NORTH 87 DEGREES, 53 MINUTES, 50 SECONDS WEST, AN ARC DISTNCE OF 47.84 FEET; THENCE NORTH 43 DEGREES, 39 MINUTES,05 SECONDS WEST 139.97 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 5, SAID POINT BEING 288.60 FEET SOUTHWESTERLY OF THE MOST NORTHWESTERLY CORNER OF SAID LOT 5; THENCE NORTH 45 DEGREES, 29 MINUTES, 07 SECONDS EAST ALONG SAID NORTHERLY LINE 20.00 FEET; THENCE SOUTH 43 DEGREES, 39 MINUTES, 05 SECONDS EAST 86.39 FEET; THENCE SOUTH 85 DEGREES,00 MINUTES, 10 SECONDS EAST 105.41 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 5; THENCE SOUTH 07 DEGREES, 53 MINUTES, 17 SECONDS WEST 49.73 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. - 7 - , EXHIBIT C TEMPORARY CONSTRUCTION EASEMENT THAT PART OF LOT 5 IN DARLENE MCDERMOTT SUBDIVISION BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 16, PART OF THE SOUTHEAST QUARTER OF SECTION 17,PART OF THE NORTHEAST QUARTER OF SECTION 20 AND PART OF THE NORTHWEST QUARTER OF SECTION 21, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 5; THENCE NORTH 82 DEGREES, 00 MINUTES, 53 SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID LOT 5, 28.00 FEET TO A POINT OF CURVATURE; THENCE WESTERLY ALONG THE SOUTHERLY LINE BEING ALONG A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 233.00 FEET, A CHORD BEARING NORTH 87 DEGREES, 53 MINUTES, 50 SECONDS WEST, AN ARC DISTANCE OF 47.84 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 43 DEGREES,39 MINUTES,05 SECONDS WEST 139.97 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID LOT 5, SAID POINT BEING 288.60 FEET SOUTHWESTERLY OF THE MOST NORTHERLY CORNER OF SAID LOT 5; THENCE SOUTH 45 DEGREES,29 MINUTES,07 SECONDS WEST ALONG SAID NORTHWESTERLY LINE OF LOT 5, 30.00 FEET; THENCE SOUTH 43 DEGREES, 39 MINUTES, 05 SECONDS EAST 118.24 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 5 SAID POINT BEING ON A CURVE; THENCE EASTERLY ALONG SAID SOUTHERLY LINE BEING ALONG A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 233.00 FEET, A CHORD BEARING NORTH 81 DEGREES, 41 MINUTES, 37 SECONDS EAST, AN ARC DISTANCE OF 36.82 FEET TO THE POINT OF BEGINNING,IN THE CITY OF ELGIN,KANE COUNTY, ILLINOIS. - 8 - 9