HomeMy WebLinkAbout20-103 Recorded202OK050518
State of Illinois )
County of Kane) ss
City of Elgin )
CERTIFICATE OF CITY CLERK
SANDY WEGMAN
RECORDER - KANE COUNTY, IL
RECORDED: 9/3/2020 11:15 AM
REC FEE: 52.00
PAGES: 13
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. 20-103
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)
passed by the Elgin City Council at its legally convened meeting held on August 12, 2020.
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 September 2, 2020.
This instrument prepared by:
William A. Cogley
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120
Return to:
Kimberly Dewis
Elgin City Clerk
150 Dexter Court
Elgin, IL 60120
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:
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.
Rondenet Holdings, LLC, a Delaware limited liability company
By:
Name:
0
Title: cH-f.v PeLy C—Oft7rq"
I f I
STATE OF TL—
6*j
COUNTY OF CC C, k
1, 5 a v-,j rn, tA a S c( c, 1 0,. , a notary public in and for said County, in the
State aforesaid, DO HEREBY CERTIFY that �-kcy (HA�e514). 'SAERpt
personally known tome to be y L 5022" jf�AIAI L P� Kr- p- I
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 I I day of UCZM&P-fl- 2019
TARY"PUBLIC-
OFFICIAL SEAL
SANDRA MASCIOLA
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES:08Q0WQ3
PARCEL B OWNER:
Parkway Bank and Trust Company, as Trust Number 14571
Av,6 AV-,r //WrotO04L��,[ -
.0
STATE OF - _,L4L,V)4q
COUNTY OF 64&;O�- ) ss.
anotary public in and o, said County, in the
State aforesaid, DO HEREBY CERTIFY that AL) Az-jk..
personally known to me to be--&--�a-7-- L71 64- r "—
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 thiQ- day of 2019
PPOFFICM SEU"
NOTARY PUBLIC I
LOLITA A. LYNCH
NOTARY PtSX, STATE OFCommission LUNOIS
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Tkb MMOM 1, ftad by ftrtway flank & Trj* Ca a" b&Mwsk
but whAy as Tratec Said Trw Aipeewmt is kmby ngk a pW harm
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ft Agreemat did[ be pay** only ow of nay WW pvpq WM& my
be k1d ikamder, NW oW Traeft dwa as be pWWAAy W* fie d1t
Pwbm*ft sf my Of tine W= and MWMM d thk APUMM W for the
vWWky or =&don of tie We of um propefty gr hr my SpISOM WN
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The Trustee in executing this document SPECIFICALLY EXCLLNXc
all references to any environmental condition of the premises
hether under the ILLINOIS ENVfRONMENTAL pROTECTM
ACT or otherwise. The aeneficiary 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 representative
but not as agent for or on behalf of the Trustee.
PARKWAY BANK & TRUST COMPANY, as Trustee
BPREP Randall Point LLC, a Delaware limited liability company
By:�iferMctor
Nar4-n-n-
Titleior VicePresident
STATE OF OHIO
SS.
COUNTY OF CUYAHOGA )
I, < i �" _ , a notary public in and for said County, in the
State aforesai , 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 i day of May, 2020.
NOTARY P IC
AY L. BIRD
Notary Public, State of Ohio
Recorded in Cuyahoga County
My Commission Expires
June 01, 2020
CITY OF ELGIN, an Illinois Municipal Corporation
By:
Mayor - avid k6aptain
Attest: bz I a4�zz
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 2015KO25530 IN
THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
PIN: 03-31-376-001
i
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 2012KO71531 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
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