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Home My WebLink About06-95 Resolution No. 06-95 RESOLUTION RATIFYING THE EXECUTION OF A GRANT OF STORMWATER LINE AND DRAINAGE EASEMENT TO ELGIN REALTY PARTNERS LLC FOR PROPERTY AT RANDALL ROAD AND COLLEGE GREEN DRIVE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that it hereby ratifies and approves the execution of a Grant of Stormwater Line and Drainage Easement to Elgin Realty Partners LLC by Ed Schock,Mayor,and Dolonna Mecum,City Clerk,for the property at Randall Road and College Green Drive,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: April 26, 2006 Adopted: April 26, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk THIS DOCUMENT PREPARED BY AND AFTER RECORDING SHOULD BE RETURNED TO: Thomas G.Moffitt Stahl Cowen Crowley LLC 55 W.Monroe St.,Suite 500 Chicago,IL 60603 GRANT OF STORMWATER LINE AND DRAINAGE EASEMENT THIS GRANT OF STORMWATER LINE AND DRAINAGE EASEMENT ("Grant") is made as of the day of April, 2006, by and between the CITY OF ELGIN, a municipal corporation (hereinafter referred to as the"Grantor") and ELGIN REALTY PARTNERS LLC,an Illinois limited liability company(hereafter referred to as the"Grantee"). WITNESSETH: WHEREAS, Grantor is the owner of certain real estate consisting of approximately 27.31 acres located on Randall Road, in the City of Elgin, County of Kane, State of Illinois, which is legally described on Exhibit A hereto and as depicted on Exhibit A-1 hereto("Grantor's Property"); WHEREAS, Grantor previously entered into a contract with Grantee for the sale and purchase of certain real estate that is adjacent to the Grantor's Property, also located on Randall Road,in the City of Elgin,County of Kane, State of Illinois,which is legally described on Exhibit B hereto("Grantee's Property"),and Grantee is now the owner of Grantee's Property; WHEREAS, rainwater flows naturally from Grantee's Property over and onto Grantor's Property; WHEREAS, in addition to the natural flow of rainwater,there currently exists a stormwater sewer liner located within that the twenty foot(20')wide parcel of real estate on Grantor's Property which is legally described on Exhibit C hereto ("Easement Parcel") and depicted on the Plat of Easement attached hereto as Exhibit D,through which rainwater flows from Grantee's Property onto Grantor's Property; WHEREAS, as part of the development of Grantee's Property, Grantee intends to connect the existing stormwater sewer line ("Stormwater Line") to the new stormwater detention/retention facilities which Grantee intends to construct on Grantee's Property; WHEREAS, Grantor desires to grant an easement that has the purpose of allowing the maintenance,repair and replacement of the Stormwater Line on the Easement Parcel; 1 WHEREAS, Grantor further desires to grant an easement that has the purpose of allowing drainage of stormwater from Grantee's Property onto Grantor's Property through the Stormwater Line that is located on the Easement Parcel, as more particularly described in the following paragraphs. NOW,THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Grant of Stormwater Line Easement Grantor hereby grants and conveys unto Grantee a perpetual, non-exclusive, appurtenant easement on, under and across the Easement Parcel for the purpose of the maintenance, repair and replacement, if required, of the Stormwater Line ("Stormwater Line Easement"). The Stormwater Line Easement is created solely to benefit Grantee and its successors and assigns,and is not a public dedication. The Stormwater Line shall only cany stormwater from Grantee's Property. Grantor hereby reserves the right(a)to locate other utilities in the aforesaid Stormwater Line Easement as long as such utilities do not interfere with the rights granted hereunder and(b)to use the surface area of the aforesaid Stormwater Line Easement for any purpose whatsoever, other than construction of a building on said Stormwater Line Easement, so long as such use does not substantially interfere with Grantee's right to install, maintain, repair and replace the Stormwater Line (the use of the surface area for vehicular parking, vehicular and pedestrian traffic and for landscaping shall be deemed not to substantially interfere with Grantee's rights hereunder)or the use of enjoyment by Grantee of the Stormwater Line Easement. 2. Grant of Drainage Easement. Grantor hereby grants and conveys unto Grantee a non-exclusive,permanent easement for the drainage of stormwater from Grantee's Property from the terminus of the Stormwater Line in the Stormwater Line Easement onto Grantor's Property ("Drainage Easement"). Grantor hereby declares that said Drainage Easement is created solely to benefit Grantee and its successors and assigns, and is not a public dedication. Grantor hereby reserves the right to use the entirety of the aforesaid Drainage Easement area for any purpose whatsoever including, but not limited to(a)the construction of buildings or other improvements on said Drainage Easement area, and (b) to locate other utilities in the aforesaid Drainage Easement area so long as such uses reasonably accommodate drainage of stormwater from Grantee's Property onto Grantor's Property as determined and approved by the City Engineer of the City of Elgin. 3. Repair and Maintenance. Grantee shall perform at its sole cost and expense, any maintenance, repair and replacement of the Stormwater Line and shall perform such maintenance, repair and replacement as expeditiously as possible so as to minimize interference with the use of Grantor's Property and Grantee shall restore Grantor's Property to a condition as good as or better than that which existed prior to such maintenance,repair and replacement. 4. Release of Easement In the event Grantee, or its successor and assigns,shall abandon or no longer require the use of all or any part of the easement rights herein granted, the part no longer required shall automatically revert to Grantor, and Grantee shall release of record such easement 2 rights which said owner shall no longer require. 5 Indemnity. Grantee shall defend, hold harmless and indemnify Grantor from and against any and all claims, costs, damages, expenses, judgments and liability resulting from the acts and work performed by Grantee pursuant to or under this Grant. Without limiting the foregoing, Grantee shall not permit any mechanics or materialman's liens to accrue against Grantor's Property and shall, upon request of Grantor,provide evidence satisfactory to Grantor that all work by Grantee hereunder will be or has been paid for. 6. Binding on Successors. This Grant shall be binding upon the Grantor and Grantee, their respective successors and assigns and shall run with the land. 7. Counterparts. This Grant may be executed in any number of counterparts, each of which counterparts, when executed and delivered, shall be deemed to be an original and all of which counterparts, taken together, shall constitute but one and the same instrument [THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK; SIGNATURES APPEAR ON FOLLOWING PAGE] 3 IN WITNESS WHEREOF, the Grantor and Grantee have executed this instrument as of the day and year first above written. GRANTOR: CITY OF ELGIN, an Illinois municipal corporation B • Manor Attest: k94-11-v-12 1411-4444^-- City Clerk GRANTEE: ELGIN REALTY PARTNERS,LLC, an Illinois limited liability company, By: Monroe Asset Management,LLC, an Illinois limited liability company, its Manager By: Name:Thomas R Brashler Title: Manager E:'.Clients\Elgin Realty Partners`002-Acgwsiton Randall&College Green'Easement-ElginRealtyPartners-Stormwater 4-17-06.DOC 4 State of Illinois ) )ss. County of Kane ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that , personally known to me to be the of the City of Elgin and the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. Given under my hand and official seal, this day of April,2006. NOTARY PUBLIC My Commission Expires: 5 State of Illinois ) ) ss. County of Kane ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Thomas R. Brashler,personally known to me to be the Manager of Monroe Asset Management, LLC,an Illinois limited liability company, the Manager of the ELGIN REALTY PARTNERS, LLC, and the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered the said 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 official seal,this day of April,2006. NOTARY PUBLIC My Commission Expires: 6 EXHIBIT "A" Levi Description of Grantor's Property 7 EXHIBIT "A-I" Drawing of Grantor's Property 8 M U 1 KFITNCMT COINER Or NOMINCS1 , Tr. K tCitTd -r•1-e— '••�-..•- eovnl ur[or�oRn+Es*bN.Rn ar wcrlo.I r-•1-e -•---•-----. _ -.---. wOfM il[Oi Ti ROUTb[ST OY/iRiD Or%CTfM r 7\--- 7 `�\ / TlN1K d b101 I ~`1 4 �TOTR(et ofn • (� / 06-21-300-020 0 314,711 SF `\, ri:e p 7 21 AC. 06-21-300-003 I e COW UK I■ON0 ST WARIER O INC - 875.711 S. t sovn.IRer aNM1u of R¢TW r-•1-e I 20.10 AC. • di•l \�I SCALE 1' 180' I a� S ST•3•33-E 3e H SA a I e x�s.e•L nu of a eLtr Loa a.anNe.sr ammo or M 0 80 160 320 °. c.aw sbmlrsl ovMra or><cRcw r-•t-e .7377;L•LI s r �' I '. . S 7939'Sr ��• Hoc Haut uxN1v uwrcwr • 1�•99_E S• POI pppe K33S lLyT w0.tI •e m rLM not*u Y21L0 IR01I roM Y.➢ °ab \Ng4>\ II I 5 752611•E 83.% w>1a: 1 �i4 LOT 6 LOT 8 - ',A \ ••CM a no,(con..Teams �DD}g:00'�[+ 57 0RboIn It PROC( • \ . \ [wYrOa 1 \ \ NgeTalr u[a r1NOPOnY rRMOVl 0.0 n T[A.1E 11 UMW er OOb1�T p • _Jj ! O C') N LOT 5 3DO0 N got E 51858 I I o 0 '; PONT Cf BEGINNING I w l ui to '\ \ I" LOT 9T'g� Z i j co �' 1 I T 7 a IF'�c Q i ui Z Y if 6�• J (S TOP CI Wit •` 7 y6Cy• Tur+iel .."s• 1 • `.won I ybya l h < Q Lk A1 ••CC., x urux uSLNp1 ELGIN COMMUNTV COLLEGE 3 �� Z . a /— "t 1"r�p oawwr kterp.•3,mm 1 oc ON Roo CC►eNNITY COLLEGE DISTRICT.509 g g) I o C.)Os _.-'S FLOW cCo J , CO • GowwraTr Co W \ r 1BOGUNDAR� ,,,s. •«•� ss+.l7E ' EEGN ��+ 28.34 A•' %'• 7.,3!' too■.e nepp AS MOM nmN rwN Nw i 1r by S 111E SOOT Oc am*co I THE 110R \i \`\\ i2111 snot oat Root / „ or stc. a TIE 5[ \ \ ��. a 1 nblol[a NML ----own" o Colo K wane T -- — I C PC.1144 • bMIlO 7 R7(fDYRe- 1 • •ar 1 or I l ELGIN REALTY PARTNERS, LLC 02-05-182 I EXHIBIT "B" Le2a1 Description of Grantee's Property 9 • EXHIBIT "C" Legal Description of the Easement Parcel THAT PART OF THE SOUTH HALF OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21; THENCE SOUTH 88 DEGREES 16 MINUTES 35 SECONDS WEST, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 21, A DISTANCE OF 544.43 FEET; THENCE NORTH 37 DEGREES 35 MINUTES 46 SECONDS WEST, A DISTANCE OF 109.91 FEET; THENCE NORTH 58 DEGREES 14 MINUTES 37 SECONDS WEST, A DISTANCE OF 74.33 FEET; THENCE NORTH 32 DEGREES 44 MINUTES 49 SECONDS WEST, A DISTANCE OF 162.03 FEET; THENCE NORTH 09 DEGREES 02 MINUTES 18 SECONDS WEST, A DISTANCE OF 360.85 FEET TO THE INTERSECTION WITH A LINE THAT IS 30.00 FEET, AS MEASURED PERPENDICULAR, SOUTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE OF PROPERTY PREVIOUSLY OWNED BY THE STATE OF ILLINOIS BY DOCUMENT NO. 498148; THENCE SOUTH 88'01'35" EAST ALONG SAID SOUTHERLY LINE, A DISTANCE OF 518.58 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE PRINCIPAL MERIDIAN; THENCE NORTH 00'56'00" WEST ALONG SAID WEST LINE, A DISTANCE OF 121.57 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 75'28'11" WEST, A DISTANCE OF 20.75 FEET; THENCE NORTH 00'56'00" WEST, A DISTANCE OF 126.42 FEET; THENCE NORTH 89'04'00" EAST, A DISTANCE OF 20.00 FEET TO SAID WEST LINE; THENCE SOUTH 00'56'00" EAST ALONG SAID WEST LINE, A DISTANCE OF 131.95 FEET TO THE POINT OF BEGINNING,CONTAINING .06 ACRES MORE OR LESS. 10 EXHIBIT "D" Plat of Easement for the Easement Parcel 11