HomeMy WebLinkAbout00-216 Recorded Resolution No . 00-216
RESOLUTION
AUTHORIZING EXECUTION OF A NONEXCLUSIVE ACCESS EASEMENT
WITH MEIJER REALTY COMPANY FOR AN ACCESS ROAD ACROSS A PORTION
OF THE RANDALL ROAD WATER TOWER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City
Clerk, be and are hereby authorized and directed to execute a
Nonexclusive Access Easement with Meijer Realty Company for
the construction of an access road across a portion of the
Randall Road water tower property as described in the attached
Nonexclusive Access Easement .
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to cause the Nonexclusive Access
Easement to be recorded in the Office of the Recorder of Deeds
of Kane County, Illinois .
s/ Ed Schock
Ed Schock, Mayor
Presented: September 27, 2000
Adopted: September 27 , 2000
Omnibus Vote : Yeas 7 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
11(
)111T "ri
-755
•
rvrrp:
if-r17 L -717q
,7p-r) vvt
rA
F;l_FD FOR RECORD
l.i L L.
NONEXCLUSIVE ACCESS 2 0 0 0 K 8 8 7 7 7 2` NOV -� ��` 12: C
EASEMENTR
THIS ACCESS HECOPLI
.
EASEMENT (the "Easement") is
made this 2 97-14 day of hity,ye--Pr,
2000, by and between THE CITY
OF ELGIN, a municipal
corporation (hereinafter referred to
as the "Grantor") of 150 Dexter
Court, Elgin, Illinois 60120, and MEIJER REALTY COMPANY, a Michigan corporation, and
MEIJER STORES LIMITED PARTNERSHIP, a Michigan limited partnership, as their
interests herein appear, (hereinafter collectively referred to as the "Grantee"), of 2929 Walker
Avenue,N.W., Grand Rapids,Michigan 49544.
RECITALS:
A. Grantor is the fee simple owner of approximately 1.35 acres of real property
located near the intersection of Randall Road and College Green Drive, in the City of Elgin,
Kane County, Illinois, by Document No. 92K32924 (the "Grantor's Property"), which Grantor's
Property is shown on the drawing attached hereto as Exhibit A.
B. Grantee is the fee simple owner of approximately 26.117 acres of real property
located south of Grantor's Property, by Document No. 1999K059668 (the "Grantee's Property"),
which Grantee's Property is legally described in Exhibit B attached hereto.
C. Grantee desires to obtain from Grantor a nonexclusive access easement over a
portion of Grantor's Property.
D. Grantor has agreed to grant Grantee such access easement upon the terms and
conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants
and agreements contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged by the parties hereto, it is agreed as follows:
1. Grant of Easement; Use of Easement. Grantor grants to Grantee a perpetual,
nonexclusive access easement over a portion of Grantor's Property, depicted on the drawing
v' attached as Exhibit A, and legally described in attached Exhibit C (the "Access Easement
z Area"). The Access Easement Area shall be for the benefit of the Grantee Parcel and may be
`b used for the purpose of vehicular and pedestrian ingress and egress, and for the installation,
repair, maintenance and replacement of curbing (collectively, the "Road Improvements"), within
a the Access Easement Area.
0
0
3 -1-
&iirk
GWT\CHICAGO\ELG\EASEMENT\AccessEasementB.Doc J )
2000 h 0 8 8 7 /rG � -i cam- ; ���
2. Fence Relocation. Grantee shall, at its sole cost and expense, relocate the existing
fence currently located within the Access Easement Area,to run along the west line of the Access
Easement Area.
3. Encumbrances. Grantee acknowledges that the easement granted herein is subject
to all easements, rights-of-way,building, use and occupancy restrictions and all other restrictions
and encumbrances affecting the Access Easement Area.
4. Construction and Maintenance within Access Easement Area. Grantee will at its
expense construct the Road Improvements in the Access Easement Area. Grantee shall also
maintain in good condition and repair the Road Improvements in the Access Easement Area.
5. Indemnification. Grantee agrees to defend, indemnify and save harmless Grantor,
its parent, subsidiary and affiliated companies and their respective officers, directors,
shareholders, agents and employees (hereafter collectively "Related Parties"), from and against
any and all liability or claim thereof(including but not limited to reasonable actual attorney fees
and costs) whether for injury to persons, including death, or damage to property, which may be
imposed upon, incurred by or asserted against Grantor or its Related Parties: (i) allegedly or
actually arising in connection with or resulting from the construction, installation, operation, use,
maintenance, repair and/or replacement of the Improvements; (ii) arising out of any default by
Grantee under this Easement; or (iii) arising out of any negligent act or omission to act by
Grantee, its agents, employees, contractors or subcontractors. The foregoing indemnity from
Grantee shall include claims alleging or involving joint or comparative negligence, but shall not
extend to liability directly resulting only from the sole negligence of Grantor or its Related
Parties.
6. Notices. Notices permitted or required hereunder shall be in writing and shall be
delivered or sent by certified mail to the addresses first provided above; provided that any party
may change such address by written notice to the other party.
7. Successors and Assigns. The nonexclusive easement granted herein, and the
rights and obligations set forth herein, shall run with the land and be binding upon and inure to
the benefit of Grantor and Grantee and their respective successors and assigns during their
respective period of ownership.
8. Severability. The invalidity or unenforceability of any provision of this Easement
shall not affect or impair the validity or enforceability of any other provision or term hereof.
9. Entire Agreement. This Easement, including the attached Exhibits, contains the
entire agreement between the parties and all of the terms and conditions to which the parties have
agreed and supersedes all prior oral or written agreements or understandings concerning the sub-
ject matter.
10. Exhibits. All exhibits referred to herein and attached hereto are incorporated by
this reference and shall be deemed part of this Easement.
-2-
GW T\CHICAGO\ELGTASEMENT'AccessEasementB.Doc 1/
2000 088777
11. Governing Law. This Easement shall be construed in accordance with the laws of
the State of Illinois and any applicable federal laws and regulations.
IN WITNESS WHEREOF, the parties have caused this Easement to be executed as of the
day and year first above written.
WITNESSES: THE CITY OF ELGIN
By:
Its: 1 .A.c4,
CG".l (57
2US.
WITNESSES: MEIJER REALTY COMPANY
6/4,,Unca C 2• 4.vu1 By: %'
- Lai rd John S. S = VV'enson
r3iliCCL C 9 Vice Pr i ent-Real Estate
7
WITNESSES: MEIJER STORES LIMITED PARTNERSHIP
By: Meijer Group, Inc.
General Partner
6 4 o`�e r/td By: �. - ----�
L'y n t � John S.t- nson
400
i)d- 4(00-
� � Vice Pr=: •ent -Real Estate
jC Gtr'ct(r-J. .9`(--4 y-C C'
-3-
GWT\CHICAGO\ELG\EASEMENT\AccessEasementB.Doc
2000KIi8877 7
STATE OF ILLINOIS )
) ss.
COUNTY OF KANE )
S
The foregoing instrument was acknowledged before me this 29th day of , 2000, by
Ed Schock , the Mayor of THE CITY OF ELGIN, a municipal
corporation, for and on behalf of said corporation.
w.
OFFICIAL SEAL
t DOLONNA MECUMNotary Public, Kane County,IL
wwMy commission expires: 3/19/01
NOTARY PUBLIC, STATE OF ILLI2001
STATE OF MICHIGAN )
) ss.
COUNTY OF KENT )
The foregoing instrument was acknowledged before me this 5 day of July, 2000, by
John S. Stephenson, the Vice President - Real Estate of Meijer Realty Company, a Michigan
corporation, and Meijer Group, Inc., a Michigan corporation, for and on behalf of said
corporation, for and as the act of the General Partner of Meijer Stores Limited Partnership, a
Michigan limited partnership.
.8kettli,)CL . (�+i
\a-rA)
Notary Public, -114 County,MI
My commission expires: y (Co "0W
Barbara J.Strayer
Notary Public,Ottawa Co.,MI
Acting in Kent Co.,MI
My Commission Expires April 16,2004
DRAFTED BY AND WHEN
RECORDED RETURN TO:
Gordon W. Thomas, Esq.
Meijer
2929 Walker Ave.,N.W.
Grand Rapids, MI 49544
(616) 791-5056
-4-
GWT\CHICAGO\ELG\EASEMENT\AccessEasementB.Doc
Z000 088777
. EXHIBIT A
\J •
EAST 1 2SECTION 28 S01'40'29"E 475.49'
WEST 172-SECTIOTT28 — — — • .
P.O.C. •
�l
IS88'19.31"W I
194.90' e;
. Iz�
E
I -
a / o-
a)
Orn
-56 O0'44" u
0
R=385.00' z
I I L=376.38' / U 0
O LCH=N63'40'07"W 0
o 361.57' c
N / w_
o
M
N z.z
C 0.0
wsi
ii
a160
s Off. ..#
Ii,
cr
c I a55
14c
a A=1215'16"
_` R=665.00'
5 ` L=146.10'
LCH=N41.57'23"W
O0145.81'
•fm T.P.O.B.
E.
0` 06 S,%.' 54415'32"W
cil3 `1 • L2 200.00'
v C / LOT 1
N IX AACCESSWOODBRIDGE NORTH COMMERCIAL SUBDIVISION
W / EASEMENT AREA DOC. NO. 1999K 057506
N
0
N
(13 N V / •
u)
N
N G I CITY OF ELGIN
DOC. NO. 92K32924 1`
j ♦1
I rte.
z CO
CO
'4IlliIIIIIIIIIIIIIIIIIIIIIIIIIIIK
o UNE TABLE
- j UNE LENGTH BEARING ,r.
'n L1 33.12' S4415'32.1./ o
°0 U 43.26' NO147'55'W o
o ', I o
N c CURVE TABLE cam,
N '
w • CHORD CHORD
CURVE LENGTH RADIUS DELTA LENGTH BEARING
o I Cl 31.22' 665.00' 02'41'24' 31.22' S49'35'40'1z r
O u, .
I 0 100 200 300
w- sI• sI•
FL 1 >,_-�—>r=111.10 I
~
a, GRAPHIC SCALE IN FEET
- ul/ I
Xr I--
. m w WOOLPERT LLP PROJECT NO.
EXHIBIT OF ACCESS EASEMENT
a; O ' <ecutive Towers West II 57402
1411 Opus Place, Suite 655 AREA FOR MF' ER REALTY CO. DATE 6/22/00
N j P OVER CITY OF ELGIN LAND
Downers Grove. IL 60515-1182 DR. JTP
I—o j 630.663.4480 SHT. # 1 OF 1
WOOLPERT FAX: 630.663.4481 SECTION 28, TOWN 41 NORTH, RANGE 8 EAST OF THE
a < 0• THRD PRINOPAL MERIDIAN CITY OF Fl(1N_K1F COUNTY.L
EXHIBIT B
TO ACCESS EASEMENT
LEGAL DESCRIPTION OF GRANTEE'S PROPERTY
Lot 1 in Woodbridge North Commercial Subdivision in the City of Elgin, Kane County, Illinois,
according to the plat thereof recorded with the Recorder of Deeds of Kane County, Illinois on
June 10, 1999 as Document No. 1999K057506.
PIN Nos: 06-21-378-001; 06-28-127-064
Common Address: Randall Road and College Green Drive,Elgin,Illinois
2000K0 $ 8777
EXHIBIT C
TO ACCESS EASEMENT
LEGAL DESCRIPTION OF THE ACCESS EASEMENT AREA
Situate in Section 28, Township 41 North, Range 8 East of the Third Principal Meridian, City of
Elgin, County of Kane, State of Illinois, and being an easement for access over a tract of land
conveyed to the City of Elgin as recorded in Document No. 92K32924 (all references to deeds,
microfiche, plats, surveys, etc. refer to the records of the Kane County Recorders Office, unless
noted otherwise) said easement being more particularly described as follows:
Commencing for reference at an iron pin (found) at the northeast corner of the northwest quarter
of said Section 28;
thence along the east line of the northwest quarter of said Section 28, South one degree
forty minutes twenty nine seconds East (S01°40'29"E) for four hundred seventy-five and 49/100
feet (475.49') to the south right-of-way line of College Green Drive as established by a Plat of
Dedication as recorded in Document No. 91K24760 and the northeast corner of Sierra Ridge
Condominiums as recorded in Document No. 98K1141.
thence along said south right-of-way line for the following four(4)courses:
1. South eighty-eight degrees nineteen minutes thirty one seconds West (S88°19"31"W) for
one hundred ninety-four and 90/100 feet(194.90')to a point of curvature;
2. On a curve to the right with a radius of three hundred eighty-five feet (385.00') for an arc
distance of three hundred seventy-six and 38/100 feet (376.38'), [chord bearing North
sixty-three degrees forty minutes seven seconds West (N63°40'07"W) for three hundred
sixty-one and 57/100 feet (361.57'), delta angle of said curve being fifty-six degrees zero
minutes forty-four seconds (56°00'44")] to an iron pin(set);
3. North thirty-five degrees thirty-nine minutes forty-five seconds West (N35°39'45"W) for
one hundred eighty-one and 47/100 feet (181.47') to an iron pin (set) at a point of
curvature;
4. On a curve to the left with a radius of six hundred sixty-five and 00/100 feet(665.00') for
an arc distance of one hundred forty-six and 10/100 feet (146.10'), [chord bearing North
forty-one degrees fifty-seven minutes twenty-three seconds West (N41°57'23"W) for one
hundred forty-five and 81/100 feet (145.81'), delta angle of said curve being twelve
degrees thirty five minutes sixteen seconds (12°35'16")] to an iron pin (found) at the
northwest corner of said City of Elgin land and the TRUE POINT OF BEGINNING of
the herein described easement;
2000K088771
thence departing said right-of-way line of College Green Drive and along the easterly
lines of the said City of Elgin land, South forty-four degrees fifteen minutes thirty-two seconds
West(S44°15'32"W) for thirty-two and 12/100 feet(32.12');
thence North one degree forty-seven minutes fifty-five seconds West (N01°47'55"W) for
forty-three and 26/100 feet(43.26') to a point of cusp and a point on said south right-of-way line;
thence on a curve concave to the southwest with a radius of six hundred sixty-five and
00/100 feet (665.00'), for an arc distance of thirty-one and 22/100 feet (31.22'), [chord bearing
South forty-nine degrees thirty-five minutes forty seconds East (S49°35'40"E) for thirty-one and
22/100 feet (31.22'), delta angle of said curve being two degrees forty-one minutes twenty-four
seconds (2°41'24")]; to the TRUE POINT OF BEGINNING.
2000K088777