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Home My WebLink About17-116 Recorded 2017KO49609 SANDY WEGMAN RECORDER - KANE COUNTY, IL RECORDED: 9/21/2017 1:43 PM REC FEE: 51.00 PAGES: S State of Illinois) County of Kane) City of Elgin ) 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. 17-116 AUTHORIZING EXECUTION OF A GRANT OF EASEMENT FOR CITY EASEMENT FOR PUBLIC UTILITIES INCLUDING WATERMAIN FROM WAL-MART REAL ESTATE BUSINESS TRUST (Elgin Wal-Mart/Sam's Club Subdivision) adopted by the Elgin City Council at its legally convened meeting held on September 13, 2017, 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 September 21, 2017. '? = Kimberly De City Clerk This "ent prepared by: 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 Resolution No. 17-116 RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF EASEMENT FOR CITY EASEMENT FOR PUBLIC UTILITIES INCLUDING WATERMAIN FROM WAL-MART REAL ESTATE BUSINESS TRUST (Elgin Wal-Mart/Sam's Club Subdivision) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, be and is hereby authorized and directed to execute a grant of easement for city easement for public utilities including watermain from Wal-Mart Real Estate Business Trust for the property legally described on Exhibit B, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the grant of easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/David J. Kaptain David J. Kaptain, Mayor Presented: September 13, 2017 Adopted: September 13, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk This instrument prepared by and return recorded document to: William A. Cogley City of Elgin 150 Dexter Court Elgin, IL 60120-5555 GRANT OF EASEMENT This GRANT OF EASEMENT is made and entered into this 13 day of September 2017, between WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust, with an address of 702 S.W. 8h Street, Bentonville, AR 72716 ("Wal-Mart"); and the CITY OF ELGIN, an Illinois municipal corporation (`'City"). WITNESSETH WHEREAS, Wal-Mart is the owner of a certain tract or parcel of land situated in the City of Elgin, County of Kane, State of Illinois ("Tract V), identified and more fully described on Exhibit"A" attached hereto and made a part hereof, and WHEREAS, City has requested from Wal-Mart, and Wal-Mart is desirous of granting to City, an exclusive easement as more particularly described herein over and across that portion of Tract 1 identified as the "City Easement" identified and more fully described on Exhibit "B" attached hereto and made a part hereof. NOW THEREFORE, for and in consideration of ten dollars ($10.00) in hand paid, and other good and valuable consideration the receipt and sufficiency of which is acknowledged, the parties hereto agree as follows: 1. The Grantor as the owner of Tract 1 legally described on Exhibit "A" and does hereby grant to the City an exclusive and permanent easement for and granted to the City, and its successors and assigns 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, to serve these and other lands with improvements, including but not limited to force mains, sanitary sewers, storm sewers, storm drainage, water mains, pedestrian walkways, municipal signage and other municipal or public utility purposes designated by said City, in, across, along, over, under and upon the area legally described on Exhibit "B" as the "City Easement", together with the right to install required service connections under the surface of each adjacent lot to serve improvements thereon; and together with the right to enter upon the property with such personnel and equipment as may be deemed necessary for all such uses and purposes. {00340371.DOCX/v.2} 2. No obstruction or structure shall be erected or located, nor shall any trees be planted, over said City Easement, nor shall any other activities be undertaken that unreasonably interfere with the City's intended use thereof, but the same may be used for landscaping, fencing, parking or other purposes if approved in writing by the City and if such use does not then or later interfere with the aforementioned purposes. 3. The right is also hereby granted to the City to remove any fences, buildings or structures and to cut down, trim or remove any trees, shrubs, bushes, roots or other plantings that interfere with the operation of or access to such facilities in, on, upon, across, under or through said City Easement. The City shall not be responsible for the replacement or repair of any such fences, buildings, structures, trees, turf, gardens, shrubs, landscaping or other improvements 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. 4. Any other public utilities shall be permitted to cross said City Easement at right angles thereto if approved in writing by the City and provided that such is done in a manner that does not then or later unreasonably interfere with the City's intended use of the City Easement; however no electrical transformers, switching equipment, junction boxes, or any other such facilities or equipment, shall be erected either above or below ground on said lands due to such crossings. 5. That Grantor shall not construct any buildings, structures or other physical improvements on the City Easement nor undertake any other activities which unreasonably interfere with the City Easement and the City's intended use thereof. 6. That this Grant of Easement shall be recorded by the City at Grantor's cost with the Kane County Recorder's office. 7. That this Grant of Easement shall be binding on the parties hereto and their respective successors and assigns and shall run with the land. 8. That this document, and any modifications, may be executed in one or more counterparts, all parties need not be signatories to the same documents, and all counterpart signed documents shall be deemed to be an original and one (1) instrument. [Signature pages follow] {00340371.DOCX N.21 IN WITNESS WHEREOF, Wal-Mart has executed this Grant of Easement the 1 4) day of . 2017. (Wal-Mart) WAL-MART REAL ESTATE BUSINESS S By:` Michael McGhee [SEAL] Title: Sr. Director Real Estate and Portfolio I ACKNOWLEDGMENT STATE OF ARKANSAS ) H COUNTY OF BENTON ) On this day of 2017, before me, the undersigned notary public in and for said County and State, per ally appeared before me Michael McGhee to me personally known, who, being by me duly sworn, did say that he is Sr. Director Real Estate and Portfolio Management of Wal-Mart Real Estate Business Trust, and that the seal affixed to the foregoing instrument is the seal of said trust, and that said instrument was signed, sealed and delivered by lemon behalf of said trust by authority of its Managing Trustee, and said Michael McGhee acknowledged said instrument to be the free act and deed of said trust. WITNESS MY HAND and notarial seal subscribed and affixed in said County and State, the day and year in this certificate above written. f"°=""r J'_Name: EXPIRES.S" ber 29,2018 . _ .�.` ;; _;;;• n.= Ben1a1 Coup Notary Public- ' d My Commission Expires:;:AO'' t (0034037 1.DOCX N.2) IN WITNESS WHEREOF, the City has executed this Grant of Easement the 13 day of September , 2017. (City) CITY OF ELGIN, an Illinois municipal corAavid By: Title: Mayor ACKNOWLEDGMENT STATE OF ILLINOIS ) H COUNTY OF Kane ) On this lday of , 2017, before me, the undersigned notary public in and for said County and State, personally appeared before me David J. Kaptain to me personally known, who, being by me duly sworn, did say that he/she is Mayor of the City of Elgin, an Illinois municipal corporation, and that the seal, if any, affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed, sealed and delivered by him/her on behalf of said corporation by authority of its City Council, and said David J. Kaptain acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND and notarial seal subscribed and affixed in said County and State, the day and year in this certificate above written. JENNIFER J QUINTON rte"' OFFICIAL SEAL NOTARY PUBLIC N Lary Public a� STATE OF ILLINOIS MY COMMISSION EXPIRES JANUARY 10,2020 My Commission Expires: T ,,a,rc,, 10, `aoao {00340371.DOCX N.2} Exhibit "A" to Grant of Easement Legal Description of"Tract 1": LOT 6 IN ELGIN WAL-MART/SAM'S CLUB SUBDIVISION OF PART OF THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, 2011 AS DOCUMENT 2011 K73547, IN KANE COUNTY, ILLINOIS. Property Identification Number: 06-28-300-010 {00340371.DOCX N.2} Exhibit "B" to Grant of Easement Legal Description of"City Easement": THAT PART OF LOT 6 OF ELGIN WAL-MART/SAM'S CLUB SUBDIVISION, BEING PART OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, 2011 AS DOCUMENT NUMBER 2011K073547 IN KANE COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF THE RESUBDIVISION OF LOT 2 OF THE ELGIN WAL-MART/SAM'S CLUB SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 30, 2016 AS DOCUMENT NUMBER 2016K046039 IN KANE COUNTY, ILLINOIS, SAID POINT ALSO BEING ON THE EAST LINE OF SAID LOT 6 OF THE ELGIN WAL-MART/SAM'S CLUB SUBDIVISION; THENCE SOI°04'22"E 10.50 FEET ALONG SAID EAST LINE OF LOT 6; THENCE S89°00'15"W 8.81 FEET; THENCE N00 059'45"W 9.96 FEET; THENCE N44°00'15"E 12.42 FEET TO THE SAID EAST LINE OF LOT 6 AND THE WEST LINE OF LOT 2 OF SAID RESUBDIVISION; THENCE S01 004'22"E 8.25 FEET ALONG SAID EAST LINE OF SAID LOT 6 AND THE SAID WEST LINE OF SAID LOT 2 TO THE POINT OF BEGINNING, CONTAINING 126.4 SQUARE FEET MORE OR LESS, ALL IN KANE COUNTY, ILLINOIS. {00340371.DOCX/v.21