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HomeMy WebLinkAbout11-197 Recorded • w 2011K077084 SANDY WEGMAN RECORDER - KANE COUNTY, IL State of Illinois ) REG.ORDED: 12/21/2011 11:06 A4 REG FEE: 38.00 County of Kane) PAGES: 10 City of Elgin ) Recording Information CERTIFICATE OF CITY CLERK I, Kimberly Dewis, 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. 11-197 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT AND PUBLIC IMPROVEMENTS DEDICATIONS AGREEMENT REGARDING CERTAIN PUBLIC IMPROVEMENTS AND WATERMAIN REPAIR PURPOSE FROM LIFE STORAGE CENTERS, LLC. (400-450 Airport Road) adopted by the Elgin City Council at its legally convened meeting held on December 7, 2011. 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 December 21, 2011. o F Et , rl posav�e`K. KimberlYDewis, City Clerk T ,`:C„prepared by: Return to: William . Cogley Kimberly Dewis ^ Corporation Counsel Elgin City Clerk U+ City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 Resolution No. 11-197 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AND PUBLIC IMPROVEMENTS DEDICATION AGREEMENT REGARDING CERTAIN PUBLIC IMPROVEMENTS AND WATERMAIN REPAIR PURPOSES FROM LIFE STORAGE CENTERS, LLC (400-450 Airport Road) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an easement and public improvements dedication agreement regarding certain public improvements and watermain repair purposes from Life Storage Centers, LLC, 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 and public improvements dedication agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/ David J. Kaptain David J. Kaptain, Mayor Presented: December 7, 2011 Adopted: December 7, 2011 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk • o This Instrument Prepared by and Return After Recording to: Christopher J. Beck City of Elgin Legal Department 150 Dexter Court Elgin IL 60120-5555 Recorded by and Return to: City Clerk's Office City of Elgin 150 Dexter Court Elgin, IL 60120 EASEMENT AND PUBLIC IMPROVEMENTS DEDICATION AGREEMENT THIS EASEMENT AND PUBLIC IMPROVEMENTS DEDICATION AGREEMENT(hereinafter referred to as the "Easement Agreement") made and entered into this 7thday of December , 2011, by and between the City of Elgin, an Illinois municipal corporation,(hereinafter referred to as the"City"),and Life Storage Centers,LLC,an Illinois limited liability company(hereinafter referred to as the "Grantor"). WITNES SETH WHEREAS,Grantor is the beneficial owner of the real property legally described and depicted on Exhibit A, attached hereto and incorporated herein by this reference, said property commonly known as 400-450 Airport Road, Elgin, Illinois, and having Permanent Index Numbers 03-34-327-001,03-34-327-002,03-34-327-003,03-34-421-038,03-34-421-039,03-34-421-040,and 03-34-421-041 (hereinafter referred to as the "Subject Property"); and, WHEREAS,the City desires to obtain a permanent easement from the Grantor for the purposes of constructing, maintaining, operating and repairing certain public improvements over those portions of the Subject Property depicted by the area designated"20 Foot City Easement"on Exhibit A(hereinafter referred to as the "Easement Premises"); and, WHEREAS,the City further desires to obtain a temporary construction easement over the Subject Property from the Grantor for the purposes of repairing a broken watermain lying within the westerly area of the Easement Premises; and, - 1 - WHEREAS,Grantor has agreed to grant such easements to the City for such purposes and pursuant to the terms and conditions of this Easement Agreement. NOW,THEREFORE,NOW,THEREFORE,for and in consideration of the mutual covenants and obligations contained herein,and other good and valuable consideration received by each party, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. That the Grantor,as beneficial owner of the Subject Property,does hereby grant to and in favor of the City and its successors and assigns a permanent and exclusive easement for the installation,construction,reconstruction,replacement,alteration,enlargement,operation,inspection, repair,maintenance,relocation,renewal and removal of improvements,facilities and appurtenances, including without limitation any and all manholes,hydrants,pipes,connections and catch basins,to serve these and other lands with improvements, including but not limited to force mains, sanitary sewers, storm sewers, storm drainage, water mains, pedestrian walkways, municipal signage and other municipal or public utility purposes designated by said City,in,across,along,over,under and upon the Easement Premises,together with the right to install required service connections under the surface of each lot to serve improvements thereon; and together with the right to enter upon the Subject Property with such personnel and equipment as may be deemed necessary for all such uses and purposes. 2. That no obstruction or structure shall be erected or located,nor shall any trees be planted,over said easement areas,nor shall any other activities be undertaken that unreasonably interfere with the City's intended use thereof, but the same may be used for landscaping, fencing, parking or other purposes if approved in writing by the City and if such use does not then or later interfere with the aforementioned purposes. 3. The right is also hereby granted to the City to remove any fences,buildings or structures and to cut down, trim or remove any trees, shrubs,bushes, roots or other plantings that interfere with the operation of or access to such facilities in,on,upon,across,under or through said Easement Premises. The City shall not be responsible for the replacement or repair of any such fences,buildings,structures,trees,turf,gardens,shrubs,landscaping or other improvements removed -2 - during the exercise of the herein given rights. Replacement and/or repair of said items shall be the responsibility of the Grantor. 4. Any other public utilities shall be permitted to cross said Easement Premises at right angles thereto if approved in writing by the City and provided that such is done in a manner that does not then or later unreasonably interfere with the City's intended use of the easement areas; however no electrical transformers,switching equipment,junction boxes,or any other such facilities or equipment, shall be erected either above or below ground on said lands due to such crossings. 5. That Grantor does hereby further grant to the City a temporary construction easement allowing access over, within, under, along, across and through, and use of the Subject Property for the purposes of performing certain repairs to a broken watermain lying within the westerly portion of the Easement Premises,said work being provided for and described in a separate agreement between the City and the Grantor dated December 7 ,2011,incorporated herein by this reference(hereinafter the "Watermain Repair Agreement"). 6. That Grantor hereby dedicates, grants and conveys to the City the interior watermain located within the westerly portion of the Easement Premises,along with any right,title and interest to or in said watermain improvement and any appurtenances related thereto. Upon completion of the repair of the watermain and payment for the same in accordance with the terms and provisions of the Watermain Repair Agreement, the City agrees to accept the watermain as a public improvement in accordance with the provisions of Section 18.28.070 of the Elgin Municipal Code, subject to the adoption of a resolution by the City Council accepting such improvement. 7. That no amendment,revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 8. That this Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. The exclusive venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois. - 3 - 9. That Grantor hereby represents and warrants to the City that it is the beneficial of the Subject Property and the Easement Premises, and that it has the full power and authority to enter into and make the grants of easements as provided herein. 10. That this Agreement shall be binding on the parties hereto,their successors and permitted assigns and shall run with the land. 11. That this Agreement may be executed in multiple counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. 12. That this Agreement shall be recorded with the Kane County Recorder. SIGNATURE PAGE(S) FOLLOW -4 - IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be executed by its duly authorized representative as of the day and year indicated below. CITY OF ELGIN LIFE STORAGE CENTERS, LLC By: 44,,7 By: 7 Mayor 17e4 L - 1od'''") Attest: / 1ht4 Its: ,M 4 NA-5........- City Clerk c..... c----7 Attest: Date: December 7, 2011 Date: //' t•l/ FOR LOTS 1-5 FOR LOT 6 North Star Trust Company successor`1 ru41.,;:. HARRIS N.A. AS TRUSTEE UNDER TRUST CHICAGO TITLE LAND TRUST AGREEMENT DATED NOVEMBER 1, 2005 TRUSTCOAGREEMENT DATED ANY AS TRUSTEE UNDER AS TRUST NO. HTB1763 NOVEMBER 1, 2010 AS TRUST NO. 8002355915anci not personally 4 ,, . 411 : , aLA .A..k&z.. .A4IN r.A.v. By: /1t4� �� Tnist Otttcer �,,,�,qR�. est-j- n`�+�r+ fyrl a n r? Ls ``r f+S JP If„,y=+�a a „�� �r,,,�' Its: �'.!•. .�.t' .,.,J. -:-:'1.',..--1 r . "� a4)....L.; i / Attest: ; , , .._ .. q, . _ ...cA'y L-'- :LAW& • est: Silvia Medina Trust Officer Date: I I- 11, 1 l Date: /1 f:�-�/'// i D^�un=°.i,t is si;':%:_i by llOF1'rZTAR TRUST COMPANY Alt riot individ*:ai!y but so!::f as Trustee un;; r c rain Trust Itis instrument ls'exetuted by the underei ned t.anrl lruslee,nr?!personally but set* 5. _!fes ;+..•icy'z^^n and:�,stediraes-► Agreement known as Trust No. L��l ;r,•L p,,a.,i , :' GOL''^f 3 ^:. ,+ +'� t �� zIn Said Trust Agreement is hereby made a part hereat and any 7 r. , ..i°i• `'>' .�,. t...; e,.t t,;7.i+ t"iv" '.ib Gams against said Trustee avhich may result from the signing f' . -� r;;`,::-• . Y,-.isig::: c,d unit ,;ens�`'_:�• No VrItlati of this Document shall be payable onlyout of anytrust " ' '•1',L, :' _'/ '` -' rc,r:a i; or rh_ts at ,,ny tial, be as;ei..IT PY vs property which may be held thereunder,and said trustee shall I'`'`'” `'.i., i 1 .1•, .�.y Is c:�;c:c:��;;: .:•_.�; ' •:::- �'w '= ^a �� ;; ri c,y r-=.r..,�Ry. indcmraty, rapresentatian, not be personally liable for the performance of any of these cnvrna?a, undertakir4 or agreement ut the trustee to this Instrument terms and conditions of this Document or for the validity or - 5 - condition of the title of said property or for any Document with respect thereto.Any and all personal liability of NORTH STAR TRUST COMPANY is hereby expressly waived by the parties hereto and their respective successors and assigns. FOR LOT 7 North Star Trust Company Succ`ssot uu HARRIS N.A. AS TRUSTEE UNDER TRUST AGREEMENT DATED JUNE 1, 2006 ASTR NO.HTB1764 4Ir ,; 411114111, By: li4A �/L • us • •furor Juanita Chenci(er Its: LkiCULCAr. r A est: -46,4„, Trust Officer sit*Me r1t'n.e li- 1I - tt Date: NOfs'irdSTr^.R TRUST Ulf,',')AT( not'.r.dm,d t. ty but sorely as Trustee under ccrt 'n Trust ,)rr eltt known as Trust Si!, rust Agreement is hereby made a part hereof anti any clangs against said Trustee which may result from the signing of this Document snall be payable only out of any trust property which may be held thereunder,and said trustee shall not be personally liable for the performance of any of These terms and conditions of this Document or for the validity or condition of me tine of said property or for any Document with respect tner•., Ary and all persuual ;iaoility of NORTH STAR TRUST GUM is nereby expre.,sly ,%e;ved by the parties hereto and then respective successors and assigns. - 6 - EXHIBIT A Plat of Easement entitled"Grant of City Easement to the City of Elgin, Illinois,"prepared by Land Mark Engineering Group, Inc., date June 3, 2011, to be inserted. EXHIBIT "A" ` r GRANT OF CITY EASEMENT TO ThE CITY OF ELGIN,ILLINOIS ?nE,w.0 7 a nK•. e inr.r2"?[.• `nn 7Z O'LI 3 w"2 Rbx-Wu¢e1,141 CCORkDE+�D 0 M[vUl�CO�[D�OK� µ.t0wuaa Oo[uME�*3DWx,SOnen w TME ��DwM(�u4 WuxryPwac psu[a+w+v. DRIVE S a7.'1Y[a.fl S 0 .n, 05 46 E LI S x 0 E M1.1E0'.•+(i�^•Kol 90516 U s 0?]b'M'[ 63ss' , _.,�G C ,. r.ius e+ •P.',, L �j/cJ--]yli 4 4..x'44 6 1 \r\ o V\ \~ j�et\ dStd l \�\ • !•' +\ \ 2r-:'yId d♦ %,„4,4\\\\\\\\ N"'114'1,22,4,,,,,, O C t \ y \ \ d eI ,n' \\Y" , e"'� LOT 6 %'ih\ \\\\ .dam r \\ • Pix WOF$YIGCI •\ �A 4 m K\ N`\ \\5,�N 9 a vim._ fIr �'�\\kir \\ \ \ \\\ +o .w BL��.^J' +eo I. •\\ t 1 \ �' •44.d" ftt4.\ \t",\T, \ .meq ',a I •d,p • f, 1'\w \\\\ , 1 .esti \• \ I,_ \�1. \ to I 4:\\ x-a -etra',rc &\b. \\ a1 c a I q \\ i:!/ ""...W.x Iab— i \\ n ,,, , i ��rr \ \a, \ Y \\ 1 rid d• \r a1 T I ,54 I g§ r.., \ \\ LOT 4 "A t , ._ 3\ \ rix 051-341.1111.1 V.1 Ra Q i i\\ \i" „,r rr 1 \� cz I ‘1,*N. "TV'a ,4 \\y on f 4\'6\4 5 �j x\ L .;YA. -inn, PM/1111 6011 -' LOT 7 •4".pd . TA .\\� "Isr. ~)`�'7 ---m c.. ' m' ruE oo-s.an-aEn 4s fi , i 04-' En W �.,. hnl n' * 'II �,� C i s r,a Via: p e ii I �� LOT 3 p �' 1 i• Ila 01-14-121.10 d I k _Z J ' CI' IJi ' 156 . o 7.i -er i ,v ,.1 1 \n"1:17e" �"Erma' f X �� I my _4f i j 2 k k W .s' ,Ya >�1 ! F \ � on % N u Y t fly Pt. S``\ -- w .so 4 Sid\. ""� .,..;.1.4.0 `"' � s� LOT 2 r1 am-st...':-:'mar r,� s s `1 r2 fp d\ rixm-ataran : "Wane II I .0 -a '•n , 'e "� "t\ • i in a vsElTea r an yl 4 1+'8 • �7-. LOT I n •. ,d' ",'- r +.a r ^f; +. rat W t5'W f0 et'5€ �w�� nt °q es .( \t'' �.,Y S \ �S�'12yXii3�/,VM1•.nn �¢ • ¢ ti ", s+$i'�.a.�, Jam„ iiz ranP1pirir.ssa / ' ,.E mss'$ '•+.. .�!. 2 GmoriEmelEEM o••"nw.rm +,e n'.m om �idiom �5 AEN4-1''cfgaS 156' aa. M¢n ,waa ii5 ;� �i a x�7r E ,N O s/ a ..-..-Via. GRANT OF CITY EASEMENT TO THE CITY OF ELGIN, IL �.s"�+T ,� Landmark 2 01 4 ",,gY $p + ENGINEERING GROUP, INC RIVER RIDGE BUSINESS CENTER s$; i= V::::+7:''''`.14'11‘24:1:".:'' ELGIN,ILLINOIS ' _ ti , t0 FOR OFFICE USE ONLY Account Number Category Document Date _ Chicago Title Land Trust Company Administrator FOR A TRUSTEE'S DEED, PLEASE USE THE DIRECTION TO CONVEY FORM. LETTER OF DIRECTION DATE: November 9, 2011 NOTE : An extra copy of each document to be signed should be included for the Trustee. TRUSTEE: You are hereby authorized and directed to execute the following described document(s) in your capacity as Trustee under your Trust No. 8002355915 dated November 1, 2010 DESCRIPTION OF DOCUMENT(S): Easement and Public Improvements Dedication Agreement. This is a water main easement. Address of Property: 450 Airport Road, Elgin, IL 60123 Issue Letter to Pay Proceeds to: Will Be Picked Up By: Romi na - Ex 120 Phone Number: 847.381.1911 OR Mail To: If the beneficial interest is assigned as collateral,the Collateral Assignee MUST authorize this Dire '•n. Associated Bank and Metropolitan Bank t_� Name of Lender (please note successor information if applicable) i �s ' By: :`� Its: � ° °`�'�Title qty �;\ ° 100. ---Signaty_rp of Beneficiary/Power of Direction Holder Signature of Beneficiary/Po - of Direction Holder SignWture of Belficiary/Power of Direction Holder Signature of Benefiiary/Power of Direction Holder Rev.11/2010 FOR OFFICE USE ONLY Account Nu►tber......__._._._ Category__ Document Dale O.Chicago Title Land Trust Company Administrator FOR A TRUSTEE'S DEED,PLEASE USE THE DIRECTION TO CONVEY FORM. LETTER OF DIRECTION DATE: November 9,2011 NOTE: An extra copy of each document to be signed should be included for the Trustee. TRUSTEE:You are hereby authorized and directed to execute the following described document(s)in your capacity as Trustee under your Trust No. 8002355915 dated November 1, 2010 DESCRIPTION OF DOCUMENT(S): Easement and Public Improvements Dedication Agreement. This is a water main easement. Address of Property: 450 Airport Road, Elgin, IL 60123 Issue Letter to Pay Proceeds to: Will Be Picked Up By: Romi na - Ex 120 Phone Number: 847.381.1911 OR Mail To: If the beneficial interest is assigned as collateral,the Collateral Assignee MUST authorize this Direction. Associated Bank and Metropolitan Bank Name of Lender (please note successor information if applicable) By: Si.t(pird U Its: L;re. Tie kleh\ )Tt le Signatu of Beneficiary/Power o s'.cion Holder Signature of Beneficiary/Power of Direction Holder Sigc uurre of BepCficiatwer of Direction Holder Signature of Beneficiary/Power of Direction Holder Rev.11/2010 • FOR OFFICE USE ONLY Account Number Category Document Date ©,Chicago Title Land Trust Company Administrator FOR A TRUSTEE'S DEED,PLEASE USE THE DIRECTION TO CONVEY FORM. LETTER OF DIRECTION DATE: November 9,2011 NOTE : An extra copy of each document to be signed should be included for the Trustee. TRUSTEE: You are hereby authorized and directed to execute the following described document(s)in your capacity as Trustee under your Trust No. 8002355915 dated November 1, 2010 DESCRIPTION OF DOCUMENT(S): Easement and Public Improvements Dedication Agreement. This is a water main easement. Address of Property:450 Airport Road, Elgin, IL 60123 Issue Letter to Pay Proceeds to: Will Be Picked Up By: Romi na - Ex 120 Phone Number: 847.381.1911 OR Mail To: If the beneficial interest is assigned as collateral,the Collateral Assignee MUST authorize this Direction. Associated Bank and Metropolitan Bank Name of Lender (please note successor information if applicable) aria f 7 k By: 6 y (� /17 T Its: � o ,8d��PhdA Title Signatu of Beneficiary/Power o n Holder Signature of Beneficiary/Power of Direction Holder Sig ure of Beyficier of Direction Holder Signature of Beneficiary/Power of Direction Holder Rev.11/2010