HomeMy WebLinkAbout10-54 Recorded •
20 1 0K0434'95
SANDY WESMAN
RECORDER - KANE COUNTY, IL
State of Illinois) RECORDED: 7/9/2010 8:32 AM
County of Kane) REC FEE: 29.00
City of Elgin ) PAGES: 8
Recording Information
CERTIFICATE OF CITY CLERK
I, Diane Robertson, DO HEREBY CERTIFY that I am the duly qualified City Clerk of
the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City
Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal
thereof.
I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of:
RESOLUTION NO. 10-54
RESOLUTION
AUTHORIZING EXECUTION OF A TEMPORARY CONSTRUCTION EASEMENT
AGREEMENT WITH KC PROPCO, LLC FOR RIGHT-OF-WAY IMPROVEMENTS
(2485 South Street)
adopted by the Elgin City Council at its legally convened meeting held on March 10, 2010.
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the
City of Elgin at the said City in the County and State aforesaid this July 2, 2010.
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'°"�� 'FAG, Diane Robe
G on, City Clerk
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g �q . ent prepared by: Return to:
William A. Cogley Diane Robertson
Corporation Counsel Elgin City Clerk
City of Elgin 150 Dexter Court
150 Dexter Court ..)r ()3Elgin, IL 60120
Elgin, IL 60120
16 7.61
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Resolution No. 10-54
RESOLUTION
AUTHORIZING EXECUTION OF A TEMPORARY CONSTRUCTION EASEMENT
AGREEMENT WITH KC PROPCO, LLC FOR RIGHT-OF-WAY IMPROVEMENTS
(2485 South Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Ed Schock,Mayor,and Diane Robertson, City Clerk,be and are hereby authorized and directed to
execute a temporary construction easement agreement with KC Propco, LLC for right-of-way
improvements 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 temporary construction easement agreement to be recorded in the office of the Recorder of Deeds
of Kane County, Illinois.
s/Ed Schock
Ed Schock, Mayor
Presented: March 10, 2010
Adopted: March 10, 2010
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
This Instrument Prepared
by and Return After
Recording to:
Christopher J. Beck
City of Elgin
Legal Department
150 Dexter Court
Elgin IL 60120-5555
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT made and entered into this 10th day of
2010
March , Mie, by and between the City of Elgin, an Illinois municipal corporation,
(hereinafter referred to as the "City"), and KC PROPCO, LLC, a Delaware Limited Liability
Company (hereinafter referred to as the"Grantor").
WITNESSETH
WHEREAS,Grantor owns the real property commonly known as 2485 South Street,
Elgin, Illinois, having Permanent Index Number 06-21-151-008 (hereinafter referred to as the
"Subject Property"); and,
WHEREAS,the City intends to perform certain right-of-way improvements in and
around the South Street right-of-way, said right-of-way abutting a portion of the Subject Property;
and,
WHEREAS, for the purposes of constructing said right-of-way improvements, the
City desires to obtain a temporary construction easement from the Grantor over that portion of the
Subject Property legally described on Exhibit A, attached hereto and incorporated herein by this
reference(hereinafter referred to as the"Temporary Construction Easement Premises"); and,
WHEREAS,Grantor has agreed to grant such easement to the City for such purposes
and pursuant to the terms and conditions of this Easement Agreement.
NOW,THEREFORE,for and in consideration of Four Thousand Dollars($4,000.00)
in hand paid to the Grantor,and other good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as follows:
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1. That Grantor does hereby grant to the City a temporary construction easement
allowing access over, within, under, along, across and through, and use of, the Temporary
Construction Easement Premises for the purpose of constructing, installing, replacing, altering,
enlarging,maintaining,operating,relocating,renewing or repairing certain capital improvements to
be located within the South Street right-of-way,together with the right to enter upon the Temporary
Construction Easement Premises with such personnel and equipment as may be deemed necessary
for all such purposes, subject to the conditions contained in Paragraph 3 of this Agreement. Said
construction work to be completed as specified in the plans as prepared by the City,to be done in a
good workmanlike manner, and the expense thereof to be assumed by the City.
2. The temporary construction easement hereby granted shall be deemed
terminated after the thirty-six (36) month period following the commencement of construction
within the Temporary Construction Easement Premises, or upon the completion of construction
operations, whichever occurs first.
3. That following the exercise by the City of any easement rights granted herein,
the City shall promptly repair and restore the Temporary Construction Easement Premises to a neat
and presentable condition,substantially similar to the condition as existing immediately prior to the
exercise of such rights and the commencement of construction operations, and shall leave the
Temporary Construction Easement Premises and surrounding premises free from debris. It is further
agreed that(i)reasonable access to the Subject Property during business hours shall be maintained
during construction; (ii) no contractor vehicles, construction equipment or construction materials
will be stored on the Subject Property; and (iii) this Agreement shall not authorize entry to the
playground or building on the Subject Property, nor shall the Temporary Construction Easement
Premises be accessed from the remainder of the Subject Property.
4. That the City for itself,its agents and independent contractors,hereby agrees to
indemnify and hold Grantor 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 Temporary Construction
Easement Premises during construction or during any subsequent maintenance or repair thereof. The
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City further agrees to indemnify and hold harmless Grantor from any and all liens placed against the
Temporary Construction Easement Premises arising from said construction activities.
5. That the Grantor and its successors shall not construct any structures or
buildings nor plant any trees on the Temporary Construction Easement Premises,nor undertake any
other activities on the Temporary Construction Easement Premises which unreasonably interfere
with the City's intended use of the Temporary Construction 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.
8. That this agreement shall be governed by and construed in accordance with the
laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any
rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois.
9. That the City may utilize the services of third party contractors,employees or
other agents to perform work in the Temporary Construction Easement Premises.
10. That Grantor hereby represents and warrants to the City that it is the fee simple
title holder of 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
Kane County Recorder.
SIGNATURE PAGE FOLLOWS
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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 municipal corporation
1.40/4_,..„..,,ci.)1%,e1,___,
ayor
Attest:
City Clerk
KC PROPCO, LLC
a Delaware limited liability company
By:KC Mezco I LLC
a Delaware limited liability company,its Sole Member
By:KC Mezco II LLC
a Delaware limited liability company, its Sole Member
By:KC Propco Holding I LLC
a Delaware limited liability company,its Sole Member
By:KC Propco Holding II LLC
a Delaware limited liability cpmpany,its Sole Member
By:Kindercare Learni g Cen ers,Inc.
a Delaware co or ion, i s Sole Member
By:
Name: Wayne Pip
Its: Vice President of Operations
APPROVED BY G DEPARTMENT
DATE: li/13/O
SIGNATURE:
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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 Ed Schock,Mayor,and Diane Robertson,City Clerk,personally known to me to
be the same persons whose names are subscribed to the foregoing instrument,appeared before me
this day in person and acknowledged that they signed and delivered the said instrument as their free
and voluntary act for the uses and purposes therein set forth.
2010
Given under my hand and official seal,this v� day of , 19.
"OFFICIAL SEAL"
BARBARA E. FURMAN Notary Public
Notary Public,State of Illinois
My Commission Expires 08/06/2011
STATE OF OREGON )
) SS.
COUNTY OF MULTNOMAH )
I,the undersigned,a Notary Public,in and for said County,in the State aforesaid,do
hereby certify that Wayne Pipes, as Vice President of Facilities and Development of KinderCare
Learning Centers, Inc., a Delaware Corporation, in its capacity as Sole Member of KC Propco
Holding II LLC,a Delaware limited liability company,in its capacity as Sole Member of KC Propco
Holding I LLC,a Delaware limited liability company,in its capacity as Sole Member of KC Mezco
Holding II LLC,a Delaware limited liability company,in its capacity as Sole Member of KC Mezco
Holding I LLC,a Delaware limited liability company,in its capacity as Sole Member of KC Propco,
LLC,a Delaware limited liability company,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 for the
uses and purposes therein set forth.
Given under myhand and official seal,this day of rii...VaYl 13.1LA 2009.
( %
C'A/
RHONDA M HARVEY ( Notary Pub l lic
1 NOTARY PUBLIC-OREGON (J
COMMISSION NO.422429 J
() MY COMMISSION EXPIRES OCTOBER 17,2011 9
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EXHIBIT A
South Street Extension
Parcel: 0007 TE
Owner: KC Propco, LLC
Station: 56+48.26 to 57+95.15
P.I.N.: 06-21-151-008
That part of Lot 13 of Stacey Enos Subdivision, being a part of the Northeast Quarter of
Section 20 and the Northwest Quarter of Section 21, all in Township 41 North, Range 8 East of
the Third Principal Meridian, according to the plat thereof recorded February 21, 1995, as
Document No. 95K009372 in Kane County, Illinois, described as follows:
Beginning at the northwest corner of said Lot 13; thence northeasterly, 150.23 feet
(150.24 feet) along the northerly line of said Lot 13, being a curve to the left having a radius of
285.50 feet, the chord of said curve bears North 61 degrees 31 minutes 01 second East,
148.51 feet to the northeast corner of said Lot 13; thence South 07 degrees 52 minutes
42 seconds West, 7.91 feet along the east line of said Lot 13; thence southwesterly, 154.30 feet
along a curve to the right having a radius of 290.50 feet, the chord of said curve bears South
62 degrees 52 minutes 43 seconds West, 152.49 feet to the westerly line of said Lot 13; thence
North 43 degrees 50 minutes 39 seconds East, 9.06 feet along said westerly line to the Point of
Beginning.
Said parcel contains 0.017 acre, more or less.
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