HomeMy WebLinkAbout16-51 Recorded :201,6K10 1 8763
S A t-I E 1 G M ii t--i
RECORDER - N:ANE COUNTY IL
State of Illinois)
County of Kane) RECtRtEU: 4/21/2016 10:49 AM
City of Elgin ) rEC FEE: 53.00
PAGES: 10
MAP ATTACHED Recording Information
CERTIFICATE OF CITY CLERK
I, Kimberly Dewis,DO HEREBY CERTIFY that I am the duly qualified City Clerk of
the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City
Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal
thereof.
I DO FURTHER CERTIFY that the attached is a full,true, and correct copy of:
RESOLUTION NO. 16-51
RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE
OF A FIRE HYDRANT EASEMENT AGREEMENT FROM
CENTRAL PARK TOWERS, LP FOR ACCESSING, MAINTAINING
AND OPERATING FIRE HYDRANT(130 S. STATE STREET)
adopted by the Elgin City Council at its legally convened meeting held on April 13, 2016.
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the
C�►,� .t the said City in the County and State aforesaid this April 21, 2016.
URBS Fj�i� • S¢}:.
; Kimberly Dewis, ity Clerk
Li V;
This instrument prepared by: Return to:
William A. Cogley Kimberly Dewis
Corporation Counsel Cs`i\ Elgin City Clerk
City of Elgin \ 150 Dexter Court
150 Dexter Court lgin, IL 60120
Elgin,IL 60120
Resolution No. 16-51
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A FIRE
HYDRANT EASEMENT AGREEMENT FROM CENTRAL PARK TOWERS, LP
FOR ACCESSING, MAINTAINING AND OPERATING FIRE HYDRANT
(130 S. State Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and
directed to execute an easement agreement from Central Park Towers,LP for accessing,maintaining
and operating fire hydrant, for the property legally described on Exhibit A, a copy of which is
attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause
the easement agreement to be recorded in the office of the Recorder of Deeds of Kane County,
Illinois.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: April 13, 2016
Adopted: April 13, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
When recorded return to:
City of Elgin
Attention: City Clerk
150 Dexter Court
Elgin,Illinois 60120
FIRE HYDRANT EASEMENT
This Fire Hydrant Easement Agreement (the "Easement Agreement") is made as of the
13th day of April , 2016 by and between the Central Park Towers, LP, an
Illinois limited partnership, its successors and assigns (the "Owner") and the City of Elgin, an
Illinois municipal corporation, its successors and assigns(the"City").
RECITALS
WHEREAS, Owner is the fee owner of certain real property situated in Elgin, Illinois,
being more particularly described and depicted on Exhibit A attached hereto (the"Site");
WHEREAS, the City has installed, or caused to be installed, afire hydrant which lies on
that portion of the Site depicted on Exhibit B (the"Easement Area");
WHEREAS, the Owner agrees to grant the City access to the Easement Area expressly
for the purpose of accessing, maintaining and operating the fire hydrant which lies in the
Easement Area,as provided for herein.
NOW THEREFORE, for One Dollar($1.00)and other valuable consideration, the receipt
of which is herewith acknowledged, the parties agree as follows:
1. Grant of Easement. In accordance with and subject to the terms and conditions
of this Easement Agreement, the Owner hereby gives, grants, dedicates and declares to and for
the benefit of the City,the following non-exclusive permanent rights,privileges and easements:
(a) for access over, in across, along under and upon the Easement Area via
South State Street (as depicted on Exhibit B) at all reasonable times as necessary in order to
access the fire hydrant with such personnel and equipment required to perform the work in the
Easement Area;
(b) for the installation, construction, reconstruction, replacement, alteration,
enlargement, operation, inspection, repair, maintenance, relocation, renewal and removal of
improvements, facilities and appurtenances, including without limitation any and all manholes,
hydrants, pipes, connections and catch basins in the Easement Area necessary to serve the Site
and areas in close proximity.
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2. Improvement,Maintenance and Use of the Easement Area.
(a) Improvements and Maintenance. The Owner shall keep the Easement Area
free of any obstructions, structures or trees which may impede the City's access to the fire
hydrant lying in the Easement Area. The aforementioned notwithstanding, the Owner may
maintain any existing landscaping and install any additional landscaping or improvements in the
Easement Area, provided the landscaping and improvements do not impede the City's reasonable
access to the Easement Area and the City approves such improvements.
(b) Minimize Damage. The City shall use all reasonable efforts so as not to
damage or disrupt the landscaping or other improvements which exist in the Easement Area and
to minimize any destruction to or obstructions which result from the City's access to the
Easement Area. If fences,trees, shrubs, bushes, roots or other plantings interfere with the City's
access to the fire hydrant, the City may remove, cut down or trim, as applicable, such
obstructions, but only to the extent necessary to access such fire hydrant. The City shall not be
responsible for the replacement or repair of any such fences, trees, shrubs, bushes, roots,
plantings or other improvements located within the easement premises removed during the
exercise of the herein given rights. Replacement and/or repair of said items shall be the
responsibility of the then property owner.
3. Non-Interference with Owner's Rights. The Owner shall have the right to use,
occupy and enjoy the Easement Area for any lawful purpose(including the granting of additional
easements and the installation of additional utilities) which is not expressly prohibited herein or
which does not unreasonably interfere with the safe or proper use of the Easement Area by the
City.
4. Notices. To the greatest extent feasible, the City shall notify the Owner prior to
entering onto the Easement Area and will coordinate its access with Owner. All notices required
under this Easement Agreement shall be provided as follows:
If to Owner: Central Park Towers, LP
c/o CPT GP, INC.
120 S. State Street
Elgin,IL 60123
Attn: Damon E. Duncan, President
dduncan @haelgin.org
(847)608-4401
If to the City: City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attn: City Clerk
Email: dewis_k @cityofelgin.org
Phone Number: (847)931-5661
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IN WITNESS WHEREOF, each of the parties herein has executed and delivered this
instrument,by its duly authorized officer,to the other this day and year first above written.
CENTRAL PARK TOWERS, LP
By: CPT GP, INC.
Its: General Partner
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By:
Damon Duncan,President
STATE OF ILLINOIS )
) SS
COUNTY OF KANE )
I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify
that en Dina& , personally known to me to be the person
whose name is subscribed to the foregoing, appeared before me this day in person and
acknowledged the execution of the restrictive covenant and accompanying instruments for the
uses and purposes therein set forth as his/her or their free and voluntary act.
Given under my hand and Notarial Seal this c 1 day of Uelhiblit , 201.6 .
4.7„,, JENNIFER MIR ti
'p OFFICIAL SEAL :;co:: : ��
Expires
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CITY OF ELGIN,an Illinois municipal corporation
By: e1,1_,4 L01 ��
Name: David J. Kaptain
Its: Mayor
A st: jeiet
t y lerb I 1
STATE OF ILLINOIS )
) SS
COUNTY OF KANE )
I, the undersigned, a Notary Public in and forthe County d Sate ore do hereby c
ertify
m ber Al s
that David J. Kaptain, Mayor, and / soriay cnotvn o me 18'be the person
whose name is subscribed to the foregoing, appeared before me this day in person and
acknowledged the execution of the restrictive covenant and accompanying instruments for the
uses and purposes therein set forth as his/her or their free and voluntary act.
Given under my hand and Notarial Seal this I3 day of Art1 ,
1
JENNIFER J QUINTON ` .� sri
OFFICIAL SEAL (N. • Pub
NOTARY PUBLIC
w STATE OF ILLINOIS
/MY COMMISSION EXPIRES My Commission xpires o1ivo Rits00
JANUARY 10.2020
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F:\Legal Dept\Agreement\Fire Hydrant Easement Agr-I30 S State-clean 12-18-15.docx
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Exhibit A
Legal Description
PARCEL ONE:
THAT PART OF LOT 11 OF •WM. C. •KIMBALL'S ADDITION TO ELGIN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT; THENCE
SOUTHEASTERLY ALONG THE EASTERLY LINE OF SAID LOT, 128.04 FEET
FOR THE POINT OF BEGINNING; THENCE SOUTHWESTERLY PARALLEL
WITH THE NORTHERLY LINE OF SAID LOT, 291.06 FEET; THENCE
NORTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID LOT, 128.04
FEET TO THE NORTHERLY LINE OF SAID LOT; THENCE WESTERLY ALONG
SAID NORTHERLY LINE 19.80 FEET; THENCE SOUTHERLY AT RIGHT
ANGLES TO SAID NORTHERLY LINE 128 FEET; THENCE WESTERLY
PARALLEL WITH SAID NORTHERLY LINE 66 FEET; THENCE SOUTHERLY AT
RIGHT ANGLES TO THE LAST DESCRIBED COURSE 91.08 FEET; THENCE
WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 22.50
FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED
COURSE TO THE SOUTHERLY LINE OF SAID LOT; THENCE EASTERLY
ALONG SAID SOUTHERLY LINE TO AN ANGLE IN SAID SOUTHERLY LINE;
THENCE NORTHEASTERLY ALONG SAID SOUTHERLY LINE 76.56 FEET TO A
POINT 291.06 FEET SOUTHWESTERLY FROM THE SOUTHEAST CORNER OF
SAID LOT; THENCE NORTHWESTERLY PARALLEL WITH THE EASTERLY
LINE OF SAID LOT 66 FEET; THENCE NORTHEASTERLY PARALLEL WITH
THE SOUTHEASTERLY LINE OF SAID LOT, 291.06 FEET TO THE EASTERLY
LINE THEREOF; THENCE NORTHWESTERLY ALONG SAID EASTERLY LINE
201.96 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE
COUNTY, ILLINOIS.
PARCEL TWO:
THE NORTHERLY 19 FEET OF THE EASTERLY 193.6 FEET OF LOT 10 AND THE
SOUTHERLY 66 FEET OF THE EASTERLY 291.06 FEET OF LOT 11, ALL IN
WILLIAM C. KIMBALL'S ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE
COUNTY, ILLINOIS.
ALSO DESCRIBED AS FOLLOWS:
THAT PART OF LOT 10 AND LOT 11 OF WILLIAM. C. KIMBALL'S ADDITION
TO ELGIN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 11; THENCE
SOUTH 00 DEGREES 30 MINUTES 22 SECONDS EAST ALONG THE EASTERLY
LINE OF SAID LOT 11, SAID LINE ALSO BEING THE WESTERLY RIGHT-OF-
WAY LINE OF SOUTH STATE STREET, A DISTANCE OF 128.04 FEET TO A LINE
PARALLEL WITH THE NORTH LINE OF SAID LOT 11 AND THE POINT OF
BEGINNING; THENCE SOUTH 89 DEGREES 42 MINUTES 41 SECONDS WEST
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ALONG SAID PARALLEL LINE, A DISTANCE OF 291.06 FEET TO A LINE
PARALLEL WITH THE EASTERLY LINE OF SAID LOT 11; THENCE NORTH 00
DEGREES 30 MINUTES 22 SECONDS WEST ALONG SAID PARALLEL LINE, A
DISTANCE OF 128.04 FEET TO THE NORTHERLY LINE OF SAID LOT 11;
THENCE SOUTH 89 DEGREES 42 MINUTES 41 SECONDS WEST ALONG SAID
NORTHERLY LINE, A DISTANCE OF 19.80 FEET; THENCE SOUTH 00 DEGREES
17 MINUTES 19 SECONDS EAST, A DISTANCE OF 128.00 FEET; THENCE
SOUTH 89 DEGREES 42 MINUTES 41 SECONDS WEST, A DISTANCE OF 66.00
FEET; THENCE SOUTH 00 DEGREES 17 MINUTES 19 SECONDS EAST, A
DISTANCE OF 91.08 FEET; THENCE SOUTH 89 DEGREES 42 MINUTES 41
SECONDS WEST, A DISTANCE OF 22.50 FEET; THENCE SOUTH 00 DEGREES 17
MINUTES 19 SECONDS EAST,A DISTANCE OF 165.20 FEET; THENCE SOUTH
69 DEGREES 33 MINUTES 23 SECONDS EAST, A DISTANCE OF 35.55 FEET TO
THE SOUTHERLY LINE OF SAID LOT 11; THENCE NORTH 89 DEGREES 34
MINUTES 35 SECONDS EAST ALONG SAID SOUTHERLY LINE, A DISTANCE
OF 174.02 FEET TO THE WESTERLY LINE OF THE NORTHERLY 19.0 FEET OF
THE EASTERLY 193.6 FEET OF SAID LOT 10; THENCE SOUTH 00 DEGREES 30
MINUTES 22 SECONDS EAST ALONG SAID WESTERLY LINE, A DISTANCE OF
19.00 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 19.0 FEET OF THE
EASTERLY 193.6 FEET OF SAID LOT 10; THENCE NORTH 89 DEGREES 34
MINUTES 35 SECONDS EAST ALONG SAID SOUTHERLY LINE,A DISTANCE
OF 193.60 FEET TO THE EASTERLY LINE OF SAID LOT 10, SAID LINE ALSO
BEING THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH STATE STREET;
THENCE NORTH 00 DEGREES 30 MINUTES 22 SECONDS WEST ALONG SAID
WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 286.96 FEET TO THE
POINT OF BEGINNING.
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