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Home My WebLink About16-53 Recorded �II iii :201 ST(O1 76.5 SANDY 1.2.WEGMAt-1 RECORDER - KANE COUNT?, IL State of Illinois) County of Kane) RECORDED: 4/21/2016 10:49 Ali City of Elgin ) REC FEE: 53.00 PAGES: 10 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. 16-53 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM AMERICAN TOWER ASSET SUB, LLC (NESLER ROAD-PERMANENT INDEX NUMBER 05-24-400-026) 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 City of Elgin at the said City in the County and State aforesaid this April 21, 2016. is A - 6640-4 ' 1 -', Kimberly Dewis, City Clerk a 1. ! 4 This 1 �. . ._nt prepared by: "N. Return to: William A. Cogley \ \ Kimberly Dewis Corporation Counsel \•. Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 16 Resolution No. 16-53 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM AMERICAN TOWER ASSET SUB, LLC (Nesler Road-Permanent Index Number 05-24-400-026) 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 for water main purposes from American Tower Asset Sub,LLC 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 This Instrument Prepared by and Return After Recording to: Christopher J. Beck City of Elgin Legal Department 150 Dexter Court Elgin IL 60120-5555 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this 13th day of April , 2016, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City"), and American Tower Asset Sub, LLC, a Delaware limited liability company(hereinafter referred to as the "Owner"). WITNESSETH WHEREAS, the Owner owns the real property depicted on the plat of easement prepared by Vanderstappen Surveying & Engineering, Incorporated, dated July 22, 2015, attached hereto as Exhibit A and incorporated herein by this reference, said property being located on the east side of Nesler Road south of South Street, Elgin, Illinois, and having Permanent Index Number 05-24-400-026 (hereinafter referred to as the "Subject Property"); and WHEREAS, the City desires to obtain a permanent easement from the Owner for the purposes of constructing, maintaining, operating and repairing a water main over that portion of the Subject Property depicted by the area designated "Water Main Easement" on the above- referenced Exhibit A, as legally described on said Exhibit A (hereinafter referred to as the "Easement Premises"); and WHEREAS, the Owner has agreed to grant such permanent easement to the City for such purposes and pursuant to the terms and conditions of this Easement Agreement. - 1 - NOW, THEREFORE, for and in consideration of Eight Thousand One Hundred Dollars ($8,100.00) in hand paid to Owner, and the repair and restoration of the Easement Premises by the City as hereinafter described, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That the Owner does hereby grant to the City and its successors and assigns a permanent and exclusive easement for the construction, installation, reconstruction, replacement, alteration, enlargement, relocation, inspection, maintenance, operation, repair, renewal and removal of a water main, along with any appurtenances or facilities related thereto (the "City Improvements," herein), within, over, under, along, across and through the Easement Premises, together with the right of reasonable and necessary ingress and egress to and from the Easement Premises with such personnel and equipment as may be deemed reasonable and necessary in connection with the exercise of the rights granted herein. 2. That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the Easement Premises, including the lawn, driveway apron and culvert located therein, 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 surrounding premises free from debris. For the purpose of clarification, it is acknowledged that there currently are not any trees or fencing within the Easement Premises and the City is therefore not obligated to replace any trees or repair any fencing within the Easement Premises. 3. City agrees the City's use of the Easement Premises shall not interrupt Owner's daily operation of the tower site on the Subject Property, including but not limited to access to the site (by foot and vehicle, including trucks) on a 24 hours a day, 7 days a week basis. In the event any interference is experienced by Owner or any of its lessees, licensees, agents or contractors, City agrees to remove and resolve the interference within 24 hours of notice. - 2 - 4. That the City for itself, its agents and independent contractors, hereby agrees to indemnify and hold Owner and its successors harmless from any third party claims for personal injuries or property damage arising as a result of the City's work in the Easement Premises during construction or during any subsequent maintenance or repair thereof. The City further agrees to indemnify and hold harmless Owner from any and all liens placed against the Easement Premises arising from said construction, maintenance, or repair activities. 5. That the Owner and its shall not construct any structures or buildings, nor plant any trees on the Easement Premises, nor undertake any other activities on the Easement Premises that unreasonably interfere with the City's intended use of the Easement Premises; provided, however, that the City may elect to allow fences, trees, or other structures to remain in the Easement Premises if the City determines that any such fences, trees, or other structures will not interfere with the City's intended use of the Easement Premises, in the City's sole discretion. 6. That the City will purchase and maintain in full force and effect general liability and property damage policies. Said policy of general liability insurance will at minimum provide a combined single limit of$1,000,000. 7. That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 8. All notices must be in writing and shall be valid upon receipt when delivered by hand, by nationally recognized courier service, or by First Class United States Mail, certified, return receipt requested to the addresses set forth herein; To City at: City of Elgin, 150 Dexter Court, Elgin, Illinois 60120, Attention: City Clerk, with a copy to: City of Elgin, 150 Dexter Court, Elgin, Illinois 60120, Attention: Corporation Counsel; To Owner at: Attn: Land Management 10 Presidential Way, Woburn, MA 01801, with copy to: Attn Legal Dept. 116 Huntington Avenue, Boston, MA 02116. Any of the Parties, by thirty (30) days prior written notice to the others in the manner provided herein, may designate one or more different notice addresses from those set forth above. Refusal to accept delivery of any notice or the inability to - 3 - deliver any notice because of a changed address for which no notice was given as required herein, shall be deemed to be receipt of any such notice. 9. That this Easement 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. 10. That this Easement Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 11. That the City may utilize the services of third party contractors, employees or other agents to perform work in the Easement Premises. 12. That the Owner hereby represents and warrants to the City that it is the fee simple title holder of the Easement Premises and that it has the full power and authority to enter into and make the grant of easement as provided herein. 13. That this Agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 14. That this Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 15. That this Agreement shall be recorded by the City at the City's cost with the Kane County Recorder. - 4 - IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above. CITY OF ELGIN: AMERICAN TO SET SUB, LLC By: /_ ,////�`I //_'", By: Edwar giv, Jr. Mayor Senior Counsel, US Tower Attest: A, . L. i_i ■ Attest: 51 1;... u�w City Clerk .4ti2Y F:Legal Dept\Agreement\Easement-American Tower Asset-Nesler-redlined 3-18-2016-WAC.docx - 5 - STATE OF ILLINOIS ) ) SS. COUNTYOFKANE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that David Kaptain, Mayor, and Kimberly Dewis, City Clerk, of the City of Elgin, 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 and as the free and voluntary act of the City of Elgin, for the uses and purposes therein set forth. Given under my hand an official seal, this �J� day of k.• '‘\ , 2116. iialP .1...1.6,...7 ..ii.c AO, '■ Not.. Pub ,,,,, JENNIFER J QUINTON ,4 s,-'':. OFFICIAL SEAL . s ,,e; NOTARY PUBLIC \,r / STATE OF ILLINOIS N. - I MY COMMISSION EXPIRES JANUARY 10,2020 STATE OF ( O Y:tat('Sd'S) ) SS. COUNTY OF I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that S%Qc,yii 1 1. a ci;'o Jr, , CIC 0-6■1-1aI of American Tower Asset Sub, LLC, 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/her free and voluntary act and as the free and voluntary act of American Tower Asset Sub, LLC, for the uses and purposes therein set forth. St /� Given under my hand an official seal, this_ji ' day of grkil GN , 2016. I. '• # ei 1 1 fA=2.4. Notary Public Z, NICOLE A. KUCHINSKI N Notary Public ��r COMMONWEALTH OF MASSACHUSETTS My Commission Expires March 11. 2022 - 6 - EXHIBIT A Plat of Easement, prepared by Vanderstappen Surveying & Engineering, Incorporated, dated July 22, 2015. - 7 - EXHIBIT A—AMERICAN TOWER ASSET SUB, LLC ir Sf ' PLAT OF EASEMENT VandcsuppenSurveying& Port of the East Half of Section 24, Township 41 North, Range 7 Eost of the Third Ealli .I•orporated Principal Meridian, being described os follows: Beginning at the Southwest corner of n;6:143 ""."`"1""'"' South Street Subdivision, being a subdivision of part of the said East Half of Section 24, according to the plot thereof recorded June 13, 2005 as Document No. 20051(066185; thence South 57 degrees 34 minutes 09 seconds East along the Southerly line thereof, 74.21 feet; thence South 42 degrees 25 minutes 51 seconds West, 14.57 feet; thence South 88 degrees 44 minutes 42 seconds West, 47.32 feet thence South 43 degrees 16 minutes 00 seconds West, 354.59 feet thence South 42 degrees 38 minutes 55 seconds West along said line, 356.81 feet to the Southwesterly line of the lands described in Document No. 20081()22218; thence North 52 degrees 57 minutes 34 seconds West along said Southwesterly line, 31.41 feet to the Most Westerly corner thereof•, thence North 41 degrees 44 minutes 56 seconds East along the centerline of Neeler Rood, 89.83 feet; thence North 42 degrees 25 minutes 51 seconds East along said centerline, 658.86 feet to the Place of Beginning in Kane County Illinois. // /. / / SW CORNER SOUTH STREET / c5L SUBDM90N DOC. P200S0661e5 / 1 55714'09'E 74.21' //A // 275'51"W 14.57 /Cfr / // Q ///47.32'42'W Siy Spy ST / •i / // N / / 6'00'W / 4 354.59' //1k er //s7/6.15 ,jf.a'• WATER MAIN EASEMENT //`7 27,067± Sq.Ft. 0.621 ACRES / / / / # // / P.I.N.05-24-400-028 // .,i, '� cJ' / ''`," / ; ./ .�` g-' y CORNER DOC. /20061(022216 / J N52'57'34�W 31.41' / JD 101118r J / JQ./ // (ee, N 4§it 47c, 100' 0' 100' 200' BMW Or BLOWS ) )LB. me — twoommume COUNTY or McDDIIY) = I en SCALE r . 100' show hereby dwaee that h that the AlLt bsa.s ate.premium ewpaweatedlsa of sold d. elrtlaa. CUM BURNS it MrDONNELL Ms b not•llsdaty Survey nM&V11 BY:� cacao BY:WJtr Dstad at V.e Beek, a;4IL 1"lCO' !C1•L7.11B 7[ itaBury Canna,Muds 7/22 .8..Belt. BM Q NUM ASSUMED r.I.lf.:a6-24-400-028 Dodge.Thu t k JOB m150451-4 IABEA_ YI 5YC COMP.: 111. PD. ILL soar•en MC mr � �'Bltaola Peefaeloaal laud�No.t70B Kr'Noe IMF asses A f f. r.'RAer lSWao-as0V5001\_wIaoe1\isNNn-a as-x-Oro-asses-L u-4a/ma xn w f EXHIBIT A—AMERICAN TOWER ASSET SUB, LLC 1 v