HomeMy WebLinkAbout05-96 Recorded (Utility Easement) THIS INSTRUMENT PREPARED a tzi 121K 4 1 23-
BY
BY AND AFTER RECORDING This space reserved for Recorder's tswl , WEGMAN
SHOULD BE RETURNED TO: RECORDER
KANE COUNTY, IL
Gregory A. Thorpe,Esq. RECORDED ON
Kubasiak,Fylstra,Reizen&Rotunno 08/12/2005 02:44PM
Two First National Plaza
20 South Clark Street REC FEE: 59. 00
Suite 2900 PAGES: 10
Chicago,Illinois 60603
go'O I ago 70 I i ( MAP ATTACHED
ACCESS AND UTILITY EASEMENT GRANT
THIS ACCESS AND UTILITY EASEMENT GRANT (this "Grant") is made as of the
day of , 2005, by BOWES ROAD DEVELOPMENT LLC, an Illinois limited
liability company, hose address is c/o The Missner Group, 5520 West Touhy Avenue, Skokie,
Illinois 60077 ("Grantor").
RECITALS:
A. As of the effective date hereof, Grantor is the owner in fee simple of certain real
property situated in Kane County, Illinois, legally described on Exhibit "A" attached hereto and
made a part hereof (the "Property"), and graphically depicted on the Plat of Subdivision of
Bowes Road Resubdivision recorded prior to this Grant in the Office of the Recorder of Deeds of
Kane, County, Illinois ("Subdivision Plat"), a copy of portions of which is attached hereto as
Exhibit"B" and made a part hereof
B. Grantor intends to convey Lot 1 on the Subdivision Plat ("Lot 1") to a third-party
Purchaser subsequent to the date hereof. Grantor shall retain title to the parcel described as Lot 2
on the Subdivision Plat("Lot 2").
C. The Subdivision Plat depicts certain easements for the benefit of Lot 2 and to
confirm those easements, Grantor intends to confirm and grant easements over a portion of Lot 1
for (i) access between Lot 2 and Bowes Road, and (ii) utilities to service Lot 2, each in the areas
depicted on the Subdivision Plat.
D. SBC Communications, Inc., Illinois Bell Telephone doing business as SBC
Illinois, an Illinois corporation ("SBC"), has requested an easement across a portion of Lot 2 and
Grantor has agreed to grant an easement.
NOW, THEREFORE, in consideration of the Grant herein contained, for Ten Dollars
($10.00) and for other good and valuable consideration not herein recited but hereby receipted
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for, the sufficiency of which consideration is hereby acknowledged, Grantor hereby declares as
follows:
1. Grants of Easements.
(a) Subject to the terms and conditions of this Grant, Grantor hereby grants,
sells and conveys a perpetual easement (the "Access Easement") for the benefit of the owner of
Lot 2, its assigns and successors-in-interest and/or title with respect to Lot 2 ("Lot 2 Owner")
and as an appurtenance thereof, on a non-exclusive basis (and in common with rights of Grantor
and its successors and assigns in and to title with respect to Lot 1, and the tenants, employees,
agents, business invitees, customers and licensees of Grantor), for the purpose of providing Lot 2
Owner and its and their tenants, employees, agents, independent contractors, business invitees,
customers, and licensees, vehicular and pedestrian access between Lot 2 and Bowes Road on,
over and across that portion of Lot 1 depicted on the Subdivision Plat as "Access Easement" (the
"Access Easement Area") and for maintenance of the Access Easement Area.
(b) Subject to the terms and conditions of this Grant, Grantor hereby grants,
sells and conveys a perpetual easement (the "Water & Sanitary Easement") to Lot 2 Owner and
as an appurtenance to Lot 2, on a non-exclusive basis (and in common with rights of Grantor and
its successors and assigns in and to title with respect to Lot 1, and the tenants, employees, agents,
business invitees, customers and licensees of Grantor), for the purpose of providing Lot 2 Owner
and its and their tenants, employees, agents, independent contractors, business invitees,
customers, and licensees, water and sanitary utilities to Lot 2 in that portion of Lot 1 depicted on
the Subdivision Plat as 25' "Water & Sanitary Easement" (the "Water & Sanitary Easement
Area") and for maintenance of the Water & Sanitary Easement Area.
(c) Subject to the terms and conditions of this Grant, Grantor hereby grants,
sells and conveys a perpetual easement(the "Utility/Drainage Easement") to Lot 2 Owner and as
an appurtenance to Lot 2, on a non-exclusive basis (and in common with rights of Grantor and its
successors and assigns in and to Lot 1, and the tenants, employees, agents, business invitees,
customers and licensees of Grantor), for the purpose of providing Lot 2 Owner and its and their
tenants, employees, agents, independent contractors, business invitees, customers, and licensees,
utilities and drainage to Lot 2 in that portion of Lot 1 depicted on the Subdivision Plat as 12'
Utility/Drainage Easement" (the "Utility/Drainage Easement Area") and for maintenance of the
Utility/Drainage Easement Area. The Access Easement, Water & Sanitary Easement, the
Utility/Drainage Easement and the SBC Utility Easement (as hereinafter defined) are collectively
referred to herein as the "Easements."
(d) Subject to the terms and conditions of this Grant, Grantor hereby grants,
sells and conveys a perpetual utility easement (the "SBC Easement") for the benefit of SBC and
its assigns and successors in interest on a non-exclusive basis for the purpose of providing Lot 2
Owner and its tenants, employees, agents, independent contractors, business invitees, customers
licensees, and communications facilities over and across the westerly most ten(10) feet of Lot 2.
(e) Subject to the terms and conditions of this Grant, Grantor hereby grants,
sells and conveys a temporary construction easement ("Construction Easement") to Lot 2 Owner
over the Access Easement Area and that portion of Lot 1 adjacent to the Access Easement Area
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and within five (5) feet thereof, for purposes of Lot 2 Owner's grading and construction activities
in connection with the construction of the improvements on Lot 2 and in the Access Easement
Area, the Water & Sanitary Easement Area, Utility/Drainage Easement Area (collectively
referred to herein as the "Easement Areas").
2. Term. The term of the Easements shall commence on the date the Subdivision
Plat is filed for record in the Public Records of Kane County, Illinois, and shall run in perpetuity
unless sooner terminated by written agreement executed by all persons and entities owning and
holding, of record, any fee interest in Lot 1 or Lot 2. The term of the Construction Easement
shall commence on the date this Grant is recorded in the Public Records of Kane County,
Illinois, and shall terminate on the earlier to occur of(a) completion of the construction activities
relating to the Access Easement or (b) one (1) year after the date this Grant is recorded in the
Public Records of Kane County, Illinois. Notwithstanding the provisions of the preceding
sentence providing for automatic termination of the Construction Easement, Lot 2 Owner agrees
that it shall execute, acknowledge and deliver to Grantor within ten (10) days following receipt
of written request from Grantor, an instrument in recordable form confirming the termination of
the Construction Easement effective as of the termination date referred to in the preceding
sentence.
3. Construction and Maintenance. Lot 2 Owner will construct, repair and maintain
the pavement within the Access Easement Area in good condition, and in accordance with all
applicable laws and regulations. Lot 2 Owner will construct, repair, and maintain the facilities
within the Water & Sanitary Easement Area and the Utility/Draining Easement Area at its cost in
good condition, and in accordance with all applicable laws and regulations., promptly restoring
the surface area disturbed during such work.
All construction and maintenance will be conducted safely, in accordance with all laws,
lien free and in a manner which does not create any material interference with use of Lot 1. Prior
to commencing construction, repair or maintenance, Lot 2 Owner shall deliver to the owner of
Lot 1 ("Lot 1 Owner") a description of the work to be done (including plans and specifications, if
used), all required permits and proof of insurance on behalf of its contractors (general liability,
worker's compensation, unemployment, and any other coverage reasonably requested) in
advance of the work, except in the event of an emergency, in which case such notice and
information shall promptly follow. Lot 2 Owner shall be responsible for all aspects of the work,
including, but not limited to, permits, materials, contractors, engineering, legal, and surveys, and
paying all costs associated therewith. Lot 2 Owner shall repair all damage it causes at its cost as
promptly as practicable.
In the event a material defect or obstruction occurs to prevent Lot 2 Owner's use of the
Easement Areas, Lot 1 Owner will remove same promptly. Lot 2 Owner may remove such a
material obstruction or defect within the Easement Areas at Lot 1 Owner's cost, upon fourteen
(14) days advance written notice of the existence of the obstruction or defect, or immediately in
the event of a bona fide emergency (in which case, notice to promptly follow). In the event Lot
2 Owner exercises its right to remove a material obstruction or defect on Lot 1, Lot 2 Owner will
present an invoice, together with detailed documentation setting forth all of the costs and
expenses with respect to such repairs, which invoice will be paid promptly by Lot 1 Owner.
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4. Insurance. Lot 1 Owner and Lot 2 Owner shall each also provide and maintain
commercial general liability insurance with broad form coverage endorsement (including broad
form property damage endorsement) insuring against claims for personal injury, bodily injury or
death, and property damage or destruction. Such insurance shall be written with an insurer
licensed to do business in the State of Illinois and have at least an A rating from the AM Best
Company, shall name the other parties as an additional insured, pursuant to an additional insured
endorsement reasonably approved by the other parties, and shall include a cross-liability clause.
The limits of liability of such insurance shall be not less than $1,000,000 for personal injury or
bodily injury or death of more than one person, $1,000,000 personal injury or bodily injury or
death of more than one person in one occurrence and $100,000 with respect to damage to or
destruction of property, with a limit of$2,000,000 in the aggregate in any one year. The parties
shall each also furnish the other parties with a copy of an ACORD Form certificate evidencing
such insurance and such certificate shall reference the cross-liability clause. The policy of such
insurance shall provide that the insurance represented by such certificate shall not be cancelled
without the giving of thirty (30) days prior written notice to the holders of such insurance and the
holders of such certificates.
5. Indemnification. Each of Grantor and Lot 2 Owner agrees to indemnify and save
harmless the other and its agents, representatives, and employees (the "Indemnitees") from any
and all charges, claims and causes of action arising out of any damages, losses, expenses,
charges, costs, injuries or illnesses sustained or incurred by the Indemnitees arising from either
party's obligations arising under this Grant.
6. Covenants Running with the Land. The easements hereby granted, the
restrictions hereby imposed and the covenants herein contained shall be easements, restrictions
and covenants running with the land and shall inure to the benefit of, and be binding upon, the
parties hereto and their respective successors and assigns.
7. Notices. Any notice required or permitted to be given by the terms of this Grant
shall be given in writing and deemed given when received by the addressee at the addresses
provided to the other party from time to time.
8. Entire Grant. No modification of this Grant shall be binding upon the parties
unless set forth in writing and signed by Grantor and Lot 2 Owner, or their respective successors
or assigns.
9. Severability. If any provision of this Grant is invalid or unenforceable, this Grant
shall be divisible as to such provision and the remainder of this Grant shall be and remain valid
and binding as though such provision was not included herein.
10. Headings and Captions. Headings and captions in this Grant are for convenience
or for reference only and shall not limit or affect the meaning hereof.
11. Governing Law. The parties hereto agree that this Grant shall be governed by the
laws of the State of Illinois.
12. Grantor. As used herein, the term "Grantor" shall mean and include both Grantor
named herein and its assigns and successors in interest and/or title with respect to Lot 1 or Lot 2.
N\CLIENTS\1427-39\Sale of Bowes Rd\Access Utility Easement Agmt(3).doc {�
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IN WITNESS WHEREOF, Grantor has executed and delivered the within Grant to be
effective as of the day and year first above written.
GRANTOR:
BOWES ROAD DEVELOPMENT LLC, an
Illinois limited liability company
By: MISSNER GROUP0 SS T MANAGEMENT,
L.L.C., anIllino�.� � % bility company,
Its Manager e&
•
Its Manager
)
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STATE OF ILLINOIS )
) SS.
COUNTY OF C 0 0 K)
I, Al tx,. L. d tnn, Qn Q z, a notary public in and for said County, in the
State aforesaid, DO HEREBY CERTIFY THAT G 1 e,i, Wss roa(? ,
Manager of Missner Group Asset Management, L.L.C., an Illinois limited liability company, the
Manager of Bowes Road Development, L.L.C., an Illinois limited liability company, 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
foregoing instrument as his free and voluntary act and as the free and voluntary act of said
company for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this e day of /' v -06-(-- , 2005.
JANA
O F F I C I A.[,NOTARYPUSUC.
M
L :
Notary Public
APALBA ,_,,: h:r
S• :
Y COMM1�Sii�t. 4
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EXHIBIT"A"
PROPERTY
LOT 1 IN BOWES ROAD SUBDIVISION, A RESUBDIVISION OF A PORTION OF THE FOX BLUFF
CORPORATE CENTER SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHWEST 1/4
OF SECTION 27, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED AUGUST Imo, 2005 AS DOCUMENT NUMBER
2005K efitiI� , IN KANE COUNTY, ILLINOIS.
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EXHIBIT "B"
SUBDIVISION PLAT
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Resolution No. 05-96
RESOLUTION
APPROVING PLAT OF RESUBDIVISION FOR FOX BLUFF CORPORATE CENTER
(1135 and 1155 Bowes Road)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that it
hereby approves the final plat prepared by Land Surveying Services Inc. dated February 23,2004 and
revised September 28, 2004, October 5, 2004, October 11, 2004 and March 3, 2005 for Fox Bluff
Corporate Center.
s/Ed Schock
Ed Schock, Mayor
Presented: March 23, 2005
Adopted: March 23, 2005
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk