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Home My WebLink About03-348 Recorded Resolution No. 03-348 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SIDEWALK PURPOSES FROM INLAND REAL ESTATE—ILLINOIS, L.L. C. (Summit and Waverly) 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 an Easement Agreement for sidewalk purposes from Inland Real Estate—Illinois, L.L.C. 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 Cook County, Illinois . s/ Ed Schock Ed Schock, Mayor Presented: December 3 , 2003 Adopted: December 3 , 2003 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: December 4, 2003 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk • \\ll\\\ll\\\l\l\\ll1\ \ll\%\\l\l1 Doc#; 0401619184 EE"11(eaE:7 ee: $36.50f DeedsEASEMENT AGREEMENT F'M Pg: of 7 THIS EASEMENT AGREEMENT made and entered into this 3Rt7 day of D EC E001 8 E"o2 , 2000, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City") , and the INLAND REAL ESTATE-ILLINOIS, L.L.C. , a Delaware Limited Liability Company, (hereinafter referred to as the "Grantor") . WITNESSETH WHEREAS, Grantor owns the real property legally described on Exhibit A attached hereto in Cook County, Illinois; and WHEREAS, the City of Elgin desires to obtain an easement from Grantor for the purpose of installing, constructing, operating, using, maintaining, locating, upgrading, repairing, replacing or removing a public sidewalk over a portion of the property owned by Grantor; and WHEREAS, Grantor has agreed to grant such an easement for such purposes pursuant to the terms and conditions of this easement agreement . NOW, THEREFORE, for and in consideration of Ten Dollars ($10 . 00) in hand paid to Grantor, and other good andvaluable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That Grantor, being the owner of the property referenced herein, does hereby grant to the City of Elgin, an Illinois municipal corporation, a permanent and exclusive easement to install, construct, operate, use, maintain, locate, upgrade, repair, service, remove or replace a public sidewalk, and other appurtenances relative to a public sidewalk in that parcel of land located on the property of the Grantor legally described in Exhibit A attached hereto (hereinafter referred to as the "Easement Premises") . 2 . That Grantor does hereby further grant to the City a temporary construction easement for that portion of Grantor' s property legally described on Exhibit B attached hereto allowing access over and use of said portion of Grantor' s property for the purpose of constructing the public improvements on the adjacent property. The temporary construction easement hereby granted shall be deemed terminated upon the completion of the original construction of the public improvements on the adjacent property but in any event shall automatically expire twenty-four (24) months following the commencement of construction by City. 3 . That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the Easement Premises or the temporary construction easement premises to the same condition as existed immediately prior to the existence of such rights as is reasonably practicable and shall leave the Easement Premises, the temporary construction easement premises, and surrounding premises free from debris . -2- 4 . That the City . for itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor, its agents, employees and officials and its successors harmless from third party claims for personal injuries or property damage arising directly as a result of the City' s work in the Easement Premises and the temporary construction easement premises during construction or during any subsequent maintenance or repair thereof . The City further agrees to indemnify and hold harmless Grantor from any and all liens placed against the Easement Premises or the temporary construction easement premises arising from said construction activities . Grantor will not be liable for replacing any landscaping that may be removed by the City. 5 . That the Grantor and their successors shall not construct any structures or buildings nor plant any trees on the Easement Premises nor undertake any other activities on the Easement Premises which unreasonably interfere with the City' s intended use of the Easement Premises . 6 . That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 7 . That this 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 . -3- 8 . That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 9 . That it is understood and agreed that the City may utilize the services of third party contractors, employees or other agents to perform work in either the Easement Premises or the temporary construction easement premises. 10 . That the Grantor hereby represents and warrants to the City that it is the fee simple title holder of the Easement Premises and the temporary construction easement premises and that it has the full power and authority to enter into and make the grant of easement as provided herein. 11 . That this agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 12 . That this agreement shall be recorded by the City at the City' s cost with the Cook County Recorder. IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above. CITY OF ELGIN, an Illinois INLAND REAL ESTATE-ILLINOIS, municipal corporation L.L.C. , a Delaware Limited Liability Company, By `' Inland Real Estate Corporation, a Maryland corporation, its sole member BY e By Mayor Mark Zalator3 , Sr Vice President At est : Attest : City Clerk , c' !/i C4� -4- STATE OF ILLINOIS ) ) SS . COUNTY OF K A N E ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Ed Schock, Mayor, 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 free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal, this 3 2 d day of A6"CE/h CE2. , 200, . 61,0 14 10. - ) &7- i- Notary Pu?li STATE OF ILLINOIS ) �4 ,- - Fy-'J.'��— F,-fJ+;w , .�� ) SS . "OFFICIAL SEAL" COUNTY OF It AN L� ) SUELLYN LOSCH 4 Notary Public,State of Illinois 4 M Commission Expires 10/27/06 „.0 I, the undersigned, a Nota ?:..' .. :..... vs,.�'v.,iC� tr said County, in the State aforesaid, do hereby certify that t40\<. (i S , c51�, v. p. , is 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 free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal , thiso�� ` day of C 10�� 2002 . V Nbta u lic This Instrument Prepared by OFFICIAL SEALand Return to: William A. Cogley JENNIFER R HELA , J City of Elgin NOTARY N*uc,KTATE Of K.l1NOK MY Legal Department � :ova��os 150 Dexter Court . . Elgin IL 60120-5555 F:\Legal Dept\Agreement\Inland (Jewel) Easement-Summit Street.wpd -5- • EXHIBIT A PARCEL 003 THAT PART OF LOT 1 IN COBBLER'S CROSSING RETAIL SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED JULY 12, 1994 AS DOCUMENT #94606528 IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE NORTH 89' 56' 34" WEST, 398.70 FEET ALONG THE SOUTH UNE OF SAID LOT 1 TO THE SOUTHEAST CORNER OF LOT 2 IN SAID COBBLER'S CROSSING RETAIL SUBDIVISION; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LOT 2, BEING ALONG A NON-TANGENTIAL CURVE, HAVING A RADIUS OF 46.50 FEET, AS SAID CURVE IS CONVEXED TO THE EAST, FOR AN ARC DISTANCE OF 8.13 FEET ( SAID CURVE HAVING A CHORD BEARING OF NORTH 9' 59' 26" EAST AND A CHORD DISTANCE OF 8.12 FEET ); THENCE SOUTH 89' 56' 34" EAST, 50.17 FEET; THENCE NORTH 0' 03' 26" EAST, 7.00 FEET; THENCE SOUTH 89' 56' 34" EAST. 347.12 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 1; THENCE SOUTH Cr 03' 26" WEST, 15.00 FEET ALONG SAID EASTERLY LINE OF LOT 1, TO THE POINT OF BEGINNING. ALL CONTAINING 0.1289 ACRES. MORE OR LESS, IN THE CITY OF ELGIN, COOK COUNTY, ILLINOIS. PART OF PERMANENT INDEX NO. 06-07-314-023-0000 • • EXHIBIT B PARCEL 003TE2 THAT PART OF LOT 1 IN COBBLER'S CROSSING RETAIL SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED JULY 12, 1994 AS DOCUMENT #94606528 IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF LOT 2 IN COBBLER'S CROSSING RETAIL SUBDIVISION; THENCE NORTHERLY ALONG THE EASTERLY LINE OF SAID LOT 2, BEING ALONG A NON-TANGENTIAL CURVE, HAVING A RADIUS OF 46.50 FEET, AS SAID CURVE IS CONVEXED TO THE EAST, FOR AN ARC DISTANCE OF 8.13 FEET ( SAID CURVE HAVING A CHORD BEARING OF NORTH 9' 59' 26" EAST AND A CHORD DISTANCE OF 8.12 FEET), FOR A POINT OF BEGINNING; THENCE CONTINUING NORTHERLY ALONG SAID EASTERLY LINE OF LOT 2, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 46.50 FEET, FOR AN ARC DISTANCE OF 4.01 FEET ( SAID CURVE HAVING A CHORD BEARING OF NORTH 2' 31' 39" EAST AND A CHORD DISTANCE OF 4.01 FEET ), TO A POINT OF TANGENCY; THENCE NORTH 0' 03' 26" EAST ALONG SAID EASTERLY LINE OF LOT 2, FOR A DISTANCE OF 4.00 FEET; THENCE SOUTH 89' 56' 34" EAST, 50.00 FEET; THENCE SOUTH 0' 03' 26" WEST, 8.00 FEET; THENCE NORTH 89" 56' 34" WEST, 50.17 FEET TO THE POINT OF BEGINNING. ALL CONTAINING 0.0092 ACRES, MORE OR LESS, IN THE CITY OF ELGIN, COOK COUNTY, ILLINOIS. Grantor also conveys the following temporary construction easement: PARCEL 003TE3 THAT PART OF LOT 1 IN COBBLER'S CROSSING RETAIL SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED JULY 12, 1994 AS DOCUMENT #94606528 IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE NORTH 0' 03' 26" EAST, 15.00 FEET ALONG THE EASTERLY LINE OF SAID LOT 1; THENCE NORTH 89' 56' 34" WEST, 38.12 FEET FOR A POINT OF BEGINNING; THENCE CONTINUING NORTH 89- 56' 34" WEST, 309.00 FEET; THENCE NORTH 0' 03' 26" EAST. 22.00 FEET; THENCE SOUTH 89' 56' 34" EAST, 309.00 FEET; THENCE SOUTH 0' 03' 26" WEST, 22.00 FEET TO THE POINT OF BEGINNING. ALL CONTAINING 0.1561 ACRES. MORE OR LESS, IN THE CITY OF ELGIN, COOK COUNTY, ILLINOIS.