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Home My WebLink About17-19 Resolution No. 17-19 RESOLUTION AUTHORIZING EXECUTION OF A COMCAST GENERAL EASEMENT WITH COMCAST OF ILLINOIS/WEST VIRGINIA, LLC FOR UTILITY PURPOSES (70 N. 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 a Comcast General Easement with Comcast of Illinois/West Virginia,LLC for an easement for utility purposes for the property legally described on Exhibit A, a copy of which is attached hereto. s/David J. Kaptain David J. Kaptain, Mayor Presented: February 8, 2017 Adopted: February 8, 2017 Vote: Yeas: 7 Nays: 0 Abstain: 1 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk COUNTY: Kane TWP: 41N RANGE: 8E SECTION: 14(NE) Easement No. 76926 Project No. A00EJ5W COMCAST GENERAL EASEMENT For good and valuable considerations,receipt of which is hereby acknowledged,the undersigned Grantor,the City of Elgin, an Illinois Municipal Corporation, hereby grants and conveys to Comcast of Illinois/West Virginia, LLC, its affiliates and licensees, successors and assigns(collectively"Grantees") a non-exclusive easement in, under, over, upon and across the Easement Area(described below), for the purposes of and in order to construct,reconstruct,modify, supplement,maintain, operate and/or remove facilities for the transmission of signals used in the provision of communication, video and/or information services and/or any other services or uses for which such facilities may be used including but not limited to,conduit,cables,wires, ,pedestals or other above-ground cable or wire enclosures as approved by the Grantor, any marker posts and signs required by law, and other related equipment, fixtures,appurtenances and facilities, together with the right to have commercial electrical service extended across the Easement Area to provide service to such facilities and the right of ingress and egress to and across the Easement Area for the purpose of access to and use of the easement granted herein. Any improvements,facilities,or appurtenances related thereto shall be constructed,installed or located underground, and no such improvements, facilities, or other appurtenances shall be located aboveground or on the surface of the Easement Area without the prior express written consent of the Grantor, P.I.N.: 06-14-260-001 Property Address: 70 N. State St.,Elgin, IL The Easement Area is depicted on Exhibit A,attached hereto and incorporated herein by this reference, and is legally described as follows: THE WEST 10 FEET OF LOTS 7 AND 8 IN BLOCK 28 OF WILLIAM C. KIMBALL'S PLAT OF ELGIN,KANE COUNTY, IL. Comcast of Illinois/West Virginia, LLC for itself, its agents, and independent contractors, shall indemnify and save harmless the Grantor and its successors of said property from any and all damages to said property or persons by reason of the location, construction, installation,of maintenance of said company's equipment on said property, and further shall indemnify and save harmless Grantor and its successors from any and all liens placed against the property arising from said construction or maintenance activities. The Grantor represents and warrants to the Grantee that Grantor is the true and lawful owner of the Property and has full right and power to grant and convey the rights conveyed herein. Grantee hereby agrees to and shall restore all property disturbed by its activities in use of the easement to the condition existing prior to the disturbance,and shall leave the Easement Area and the property free from debris. Grantee acknowledges and agrees that the easement rights granted herein are non- exclusive, and that Grantor reserves the right to grant and convey easement rights within the Easement Area to other public utilities and grantees, in the Grantor's sole discretion. Grantee agrees that its occupation and use of the Easement Area shall be done in such a manner so as to not interfere with nor preclude the occupation and use thereof by other entities for which such easement rights as may be so granted and conveyed. Grantee shall have the right to remove or trim such trees and brush in the Easement Area as is necessary to exercise the rights conveyed herein. The Grantor shall not construct improvements in the Easement Area or change the finish grade of the Easement Area without the consent of the Grantee. This Easement is binding upon and shall inure to the benefit of the heirs, successors, assigns, and licensees of the parties hereto. GRANTOR: GRANTEE: The City of Elgin Comcast of Illinois/West Virginia, LLC 150 Dexter Court Delaware Corporation Elgin, IL 60120 ■rAitAis/i (Signature) /g :, , . . • ,h- Robert L. Schulter, Jr. ( ed) Director of Construction Signature) } (Printed) STATE OF ILLINOIS ) ) SS COUNTY OF a a ) I,the undersigned, a Notary Public in and for said county in the state aforesaid, DO HEREBY CERTIFY THAT, Rode,— 6 & 7e.< Jk personally known to be the person(s)whose name(s) is/are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that as signed, sealed and delivered the said instrument as their free and voluntary act, for uses and purposes therein set forth. Given under my hand and notarial seal,this 6' day of 2016. OFFICIAL SEAL 41 O._ itARYCIWAN r blic NOTARY P 9tgrATEOFLUNOIS MY COMMISSION EXPIRES:01t05119 EXHIBIT A Plan Drawing Entitled"Easement Exhibit—Lots 7& 8—Elgin, Illinois", prepared by HBK Engineering,dated October 25,2016, to be inserted. aVre*OM DSWro NION.1.a OA]s.2311-n:17.n a.. ,'ire+;l+: RODLTHN.Afalt 4' EASEMENT EXHIBIT THE WEST 10 FEET OF LOTS 7 AND 8 IN BLOCK 28 OF WILLIAM C. KIMBALL'S PLAT OF ELGIN, KANE COUNTY, IL I I I I • .mo MOUNTAIN STREET(66'R.O.W.) hbk ENGINEERING m.m VaN Man Ma=a11R116 AfJfDDII....f 10' 10' X 132' EASEMENT a.'.. ALIM 66' 132' =Ma NOMOUS 0 01110•11M1INLOPOL LOT 8 LOT 9 AT&T S LOCAL SERVICES : 0 n --- o , .t 0 NIO . .7 s LOT 7 \�� Q P \. LOT 10 O sik ci to ce w N 66' BLOCK 28 Z Y 10' 1 ,.+.,, I x EesElaxr WO= W I W LOTS 7&I > :il I- - CC ELGIN,ILLINOIS -J LOT 6 I c, U) L F— �� L Q' !1,` - UJ REVISIONS CD r _Q—�` Q DATE DOfJR1WN 1N - - -fir,—T---<b, T--T--- cn e O z Q Q- Iti =Mom NM a at LOT 5 EIRE rTER l FY 811•101 ........... I0/75H•1 41' 50' 55' CA„ I.=w, HIGHLAND AVENUE(66 R.O.W.) MED j OF: j