The URL can be used to link to this page

Home My WebLink About20-103 Resolution No. 20-103 RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF EASEMENT FROM RONDENET HOLDINGS, LLC, PARKWAY BANK AND TRUST COMPANY,NOT PERSONALLY, BUT AS TRUSTEE UNDER TRUST AGREEMENT DATED JUNE 24, 2008 AND KNOWN AS TRUST NO. 14571 AND BPREP RANDALL POINT LLC, FOR THE CONSTRUCTION OF SIDEWALKS (Randall Point Business Park) 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 a Grant of Easement from Rondenet Holdings, LLC, Parkway Bank and Trust Company, not personally, but as Trustee under Trust Agreement dated June 24, 2008 and known as Trust No. 14571 and BPREP Randall Point LLC, for the construction of sidewalks on the properties legally described on Exhibits A, B and C, and as depicted on Exhibit D copies of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the easement grant to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/David J. Kaptain David J. Kaptain, Mayor Presented: August 12, 2020 Adopted: August 12, 2020 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk Mail To and Document Prepared by: Matthew R. Panichi Panichi & Panichi. P.C. 2175 Point Blvd, Suite 125 Elgin, IL 60123 GRANT OF EASEMENT This Grant of Easement (this `'Agreement') is made and entered into by Rondenet Holdings, LLC, a Delaware limited liability company (hereinafter "Rondenet"), Parkway Bank and Trust Company, not personally, but as Trustee under Trust Agreement dated June 24, 2008 and known as Trust Number 14571 (hereinafter "Parkway"), BPREP Randall Point LLC, a Delaware limited liability company (hereinafter"BPREP") and the City of Elgin, an Illinois municipal corporation (the "City'') this 12th day of August . 2020. RECITALS A. Rondenet is owner of that certain property more particularly described in"Exhibit A" and attached hereto (hereinafter referred to as ''Parcel A"). "Sidewalk Area 1," as depicted in Exhibit D, is located on Parcel A. B. Parkway is owner of that certain property more particularly described in "Exhibit B" and attached hereto (hereinafter referred to as "Parcel B"). "Sidewalk Area 2," as depicted in Exhibit D, is located on Parcel B. C. BPREP is owner of that certain property more particularly described in "Exhibit C" and attached hereto (hereinafter referred to as "Parcel C"). "Sidewalk Area 3," as depicted in Exhibit D, is located on Parcel C. D. Pursuant to the Final Plat of Subdivision of Randall Point Business Park recorded as Document 2007K005759 (the "2007 Plat') and the Final Plat of Resubdivision of Randall Point Business Park Unit 2 recorded on January 20, 2015 as document number 2015K002812 (the "2015 Plat': together with the 2007 Plat, the "Plats of Subdivision"), the City is a beneficiary of the 12.5-foot wide "City Easement" (as defined in the Plats of Subdivision and also referred to therein as the "C.E.") running parallel to and between the P.U. & D.E. Easement (as defined below) and the public right of way known as Madeline Lane (hereinafter, the "C.E. Easement"). The C.E. Easement grants the City an easement for the installation, maintenance, relocation, renewal and removal of, among other things, pedestrian walkways. E. Randall Point Business Center, LLC has installed portions of the pedestrian walkway, specifically Sidewalk Area 1, Sidewalk Area 2 and Sidewalk Area 3, beyond the areas encumbered by the C.E. Easement and into the adjacent 10-foot Public Utility and Drainage Easement granted pursuant to the Plats of Subdivision (the "P.U. & D.E. Easement') in order to accommodate differences in grade elevations and to avoid disturbing existing, matured landscaping. F. Owners of Parcels A, Parcel B and Parcel C (collectively, the '`Owners") desire to grant an easement to the City for the purposes of allowing the City to access, maintain and repair the pedestrian walkway located on their respective property, specifically Sidewalk Area 1, Sidewalk Area 2 and Sidewalk Area 3. CONSIDERATION AND AGREEMENT In consideration of the observance of the parties of their respective covenants and obligations as set forth herein, and of other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed as follows: 1. Each of the Owners hereby grants to the City and its successors, assigns and invitees a permanent and exclusive (except as otherwise provided in either the C.E. Easement or the P.U. & D.E. Easement) easement (the "Sidewalk Easement') over, under and upon Sidewalk Area 1, Sidewalk Area 2 and Sidewalk Area 3, as depicted on Exhibit D attached hereto, of which such Owner is the fee simple owner, for the installation, construction, reconstruction, replacement, alteration, enlargement, operation, inspection, repair, maintenance, relocation, renewal and removal of improvements and appurtenances which are necessary to serve these areas with and for use as a pedestrian walkway. 2. Any public utilities shall be permitted to cross said Sidewalk Easement at right angles thereto if approved in writing by the City of Elgin. 3. This Agreement shall be binding upon the Owners and their respective heirs, executors, successors, assigns and grantees. 4. Nothing in this Agreement shall rescind or diminish any rights granted in either the C.E. Easement or the P.U. & D.E. Easement. WHEREFORE, the Owners have affixed their hands and seal to this Agreement on the date first written above. PARCEL A OWNER: Rondenet Holdings, LLC, a Delaware limited liability company By: Name: Title: c FH c S v p pLy CCNfW4 r N STATE OF L ) ss. COUNTY OF Co 0 k ) I, 5a"-1 r, MaS c j o% , a notary public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that j-. oY IJ (H A Zr S S A P R A personally known tome to be C-B JLvF 50?P Y rR A tN 0P�r-elZ- signed and delivered the said instrument as a free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of eCG=M BP-(L 2019 aTA , ',�4 J RY UBLIC OFFICIAL SEAL SANDRA MASCIOLA NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:08=3 PARC 0WN E&- — Parkway Bank and Trust Company,as Trust Number 14571 ,4,6 0,r By: STATE OF SS. COUNTY OF a notary public in and for said County,in the State aforesaid,150 HEREBY CERTIFY that personally known to me to be. a free and vol ntary act for the uses and signed and delivered the said instrument as u purposes therein set forth. 2019 VICL GIVEN under my hand and official seal thiQ&day of lit4e�- f�- f to FFITCUL S 'Y LOLITA A. LYNCH M-M OF LLMM NnTARY PUBLIC NOTARY PU 05/27 commissm Tkb&Ve"Wai it 51pW by parkway Baht&TractC06 IM ft&dft* but 9*1y a Trastm Said Trot Avwww Is barebY uNk 9 Pol he"i am my d*n 20drs sdd Tr wat wbkk MNY MW*M d*dOft of Mk Ag vwmt dudl be PWYA*QUIT OW Of 07 OW PrqWq wkkb 2M be bbd&MvWw,mA sold Trustee"a&be pmmly Wk hr dk pff(Umew of my at dkt terms*ad maddaS d d*#V or hr Se validity at candOw of W title at NO Ropmy or br my we roped ttwft AnT ad aD pffmW hbOY d Pff"ON*&Tro Ca b b"*up"*.1tj by tie pude bovk ad dt* The Trustee in executing this document SPECIFICALLY EXCLLK*-c ail references to any environmental condition of the premises whether under the,ILLINOIS ENVIRONMENTAL PROTECTUM ACT or otherwise.The Beneficiary of this Trust,as Management and control of the premises and as such,has the authority on its/their own behalf to,execute as environmental rePMSentmm out not as agent for or on behalf of the Trustee. PARKWAY SANK&TRUST COMPANY,as Trustee PARCEL C OWNER: BPREP Randall Point LLC, a Delaware limited liability company By: Name nnifet ictor Title: enior Vice President STATE OF OHIO ) ss. COUNTY OF CUYAHOGA ) I, At-.rs T a notary public in and for said County, in the State aforesair ,, DO HEREBY CERTIFY that Jennifer Victor, Senior Vice President of BPREP Randall Point LLC, a Delaware limited liability company,personally known to me, signed and delivered the said instrument as a free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and official seal this day of May, 2020. r r ``��p�AR t A t S,F�,�i N ARY P IC AMY L. BIRD Notary Public,State of Ohio *_Recorded in Cuyahoga County MY Commission Expires June 01,2020 CITY OF ELGIN, an Illinois Municipal Corporation '-7e�26�eA By: Mayor- avid Wflaptain Attest: City Cle Kimberly Dewis EXHIBIT A Legal Description of PARCEL A LOT 2 IN RANDALL POINT BUSINESS PARK UNIT NO. 2, BEING A RESUBDIVISION OF PART OF THE SOUTHWEST 1/4 OF SECTION 31,TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 20, 2015 AS DOCUMENT NO. 2015K002812,AND CERTIFICATE OF CORRECTION DOCUMENT 2015K025530 IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PIN: 03-31-376-001 EXHIBIT B Legal Description of PARCEL B LOT 1 IN THE FINAL PLAT OF SUBDIVISION OF RANDALL POINT BUSINESS PARK RESUBDIVISION NO. 1, BEING A RESUBDIVISION OF PART OF FRACTIONAL SECTION 5, TOWNSHIP 41 NORTH, RANGE 8 EAST AND A PART OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 16, 2012 AS DOCUMENT NUMBER 2012K071531 IN KANE COUNTY, ILLINOIS. PIN: 03-31-390-018 EXHIBIT C Legal Description of PARCEL C LOT 3 IN THE FINAL PLAT OF SUBDIVISION OF RANDALL POINT BUSINESS PARK RESUBDIVISION NO. 1, BEING A RESUBDIVISION OF PART OF FRACTIONAL SECTION 5, TOWNSHIP 41 NORTH, RANGE 8 EAST AND A PART OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 16, 2012 AS DOCUMENT NUMBER 2012K071531 IN KANE COUNTY, ILLINOIS. PIN: 06-05-252-006 EXHIBIT D SIDEWALK EASEMENT DEPICTION [SEE ATTACHED] A� ISI F� z 3F 1 SIDEWALK EASEMENT EXHIBIT JACOB & HEFNER I RANDALL POINT BUSINESS PARK SIDEWALKS PANCOR CONSTRUCTION AND DEVELOPMENT, ELGIN, ILLINOIS _I6 1D1 tare