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Home My WebLink About21-10 2021K009189 SANDY WEGMAN RECORDER - KANE COUNTY, IL RECORDED: 2/3/2021 2:10 PM REC FEE: 52.00 PAGES: 12 State of Illinois) County of Kane) ss City of Elgin. ) 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. 21-10 AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH DCII-2455 ALFT LANE,LLC FOR WATER MAIN INSTALLATION (2455 Alft Lane,Elgin,.IL 60124) passed by the Elgin City Council at.its legally convened meeting held on January 27,2021. 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 February 2,2021. N, CiIVClerk �4 � prepared b Return to:P eP Y� Wiliam A. Cogley Kimberly Dewis Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin,IL 60120 Elgin, IL 60120 i Resolution No.21-10 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH DCII-2455 ALFT LANE,LLC FOR WATER MAIN INSTALLATION (2455 Alft Lane,Elgin,IL 60124) 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 Agreement with DCII-2455 Alft Lane,LLC, for water main installation, for the property legally described in the Easement Agreement, a copy of which is : attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the.Easement 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: January 27;2021 Adopted: January 27,2021 Omnibus Vote: Yeas: 8 Nays: 0 Abstain: 1 Attest: s/Kimberly Dewis Kimberly Dewis,City_Clerk R This Instrument Prepared by and Return After Recording to: William A. Cogley City of Elgin Legal Department 150 Dexter Court Elgin IL 60120-5555 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this 27th day of January_, 2021, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City"), and DCII-2455 Alft Lane, LLC (hereinafter referred to as the"Owner"). WITNESSETH WHEREAS,the Owner owns the real property commonly known as 2455 Alft Lane,Elgin, Illinois,60124,having Permanent Index Number 03-31-278-015,and legally described on Exhibit A under parcel Land parcel 2 therein (collectively, the"Subject Property"), attached hereto and made a part hereof by this reference; and WHEREAS, the City.desires to obtain a permanent easement from the Owner for the purposes of constructing, maintaining, operating, replacing and repairing a water main over that portion of the Subject Property legally described in Exhibit A attached hereto under "Easement described as follows:" and further depicted and legally described in the exhibit prepared by EXP U.S. Services Inc. dated September 8, 2020, attached hereto and made a part hereof as Exhibit B (hereinafter referred to as the "Easement Premises"); and - 1 - WHEREAS,the Owner has agreed to grant such permanent 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 Ten Dollars ($10.00) in hand paid to Owner.and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. That the Owner does hereby grant to the City and its successors and assigns a permanent and exclusive easement for the construction,installation,reconstruction,replacement, alteration, inspection;maintenance,operation,repair,renewal and removal of a water main,along with any appurtenances or facilities related thereto (the "City Improvements," herein), within, over,under,along,across and through the Easement Premises,together with the right of reasonable . and necessary ingress and egress to and from the Easement Premises with such personnel and equipment as may be deemed reasonable and necessary.in connection with the exercise of the rights granted herein,provided that such activities do not unreasonably interfere with the use and occupancy of Owner or any tenant(g)at the Subject.Property. 2. That following the exercise by the City of any easement rights granted . herein, the City shall promptly repair and restore the Easement Premises to the same condition as existed immediately prior to the exercise of such rights as is reasonably practicable, at the City's sole cost and expense. 3. That the City for itself,.its agents and independent contractors, hereby agrees to indemnify and hold Owner and its successors harmless from any.third party claims for personal injuries or property damage arising directly as a result of the City's work in the Easement Premises during construction or during any subsequent maintenance or repair thereof. The City -2- further agrees to indemnify and hold harmless Owner from any and all liens placed against the Easement Premises arising from said construction,maintenance, or repair activities. 4. No obstruction or structure shall be erected or located,nor shall any trees be planted, over said Easement Premises, 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. 5.. The right is also hereby granted to the City of Elgin 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. Notwithstanding anything to the contrary herein,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 during the exercise of the herein given rights. Replacement and/or repair of said items shall be the responsibility of the then property owner. 6. Notwithstanding anything to the contrary set forth in Sections 3 and 4 above, the City acknowledges and agrees that there is an existing driveway area located in the northwest corner of the Easement Premises. The City will take reasonable measures to minimize the disruption to said driveway area in the exercise of the City's rights hereunder. The City shall be obligated at the City's sole cost and expense to promptly repair and/or replace any such damage to the driveway area,or any portion thereof,by the City in exercising its rights hereunder. 7. Any other public utilities shall be permitted to cross said Easement Premises at right angles thereto if approved in writing by the City of Elgin 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. . 8. That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 9. That this Easement 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. 10. That this Easement 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. 11. That the City may utilize the services of insured third party contractors, employees or other,agents to perform work in the Easement'Premises, subject to the terms and conditions set forth herein. -4- 12. That the Owner hereby represents and warrants to the City that it is the fee simple title holder of the Easement Premises and that it has the full power and authority to enter.into and make the grant of easement as provided herein. 13. That this Agreement shall be binding on the parties hereto,their successors and permitted assigns and shall run with the land. .14. 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. 15. That this Agreement shall be recorded by the City at the City's cost with the Kane County Recorder. . - 5 -. IN WITNESS WHEREOF,the parties have entered into and executed this Easement Agreement on the date and year first written above. CITY OF ELGIN: DCII-2455 ALFT LANE, LLC: By. Sila Operating Partnership, LP, a Delaware limited partnership, its Sole Member By: Sila Realty Operating Partnership,LP, a Delaware limited partnership, its General Partner By: Sila Realty Trust,. Inc., a Maryland corporation,its General Partner r By zz By: Mayor Atte Attest• City Clerk ACKNOWLEDGEMENT BY CURRENT LESSEE OF THE SUBJECT PROPERTY.- By: T-Mobile Central,LLC Fyw^cep P AttestfYnGv!"-h,� 11h 4•�Cy(� �ocydWl 7�D�lre -6- STATE OF ILLINOIS ) SS. COUNTY OF K A N E ) I,the undersigned, a Notary Public,in and for said County, in the State aforesaid, do hereby certify that David Kaptain,Mayor,and Kimberly Dewis,City Clerk,of the City of Elgin, 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 and as the free and voluntary act of the City of Elgin,,for the uses and purposes therein set forth. Given under my hand an official seal,this I day of Fe,li e- 2021. 1 Notary Pu Mc -7 - STATE OF FLORIDA ) SS. . COUNTY,OF HILLSBOROUGH ) The foregoing instrument was acknowledge before me by,means of Lphysical pr�nce or [ ] online notarization, n this day of 2020, by n as of Sila Realty rust, Inc.,a Maryland corporat on,as the general partner of Sila Real Operating Partnership, LP, a Delaware limited partnership, as the general partner of Sila Operating Partnership, LP, a Delaware limited partnership, as the sole member of DCII-2455 Alft Lane, LLC,a Delaware limited liability company,on behalf of the company,who is [,�] personally known to me or [ ] has produced as identification. Notary Public, State of Flonda (SEAL) „s►try Notary Public State of Florida P `£ Susan Terebecki < my commission GG 290478 via Expires 01/1012023 I EXHIBIT A Legal Description Subject Property: Parcel One: The west 73.00 feet,as measured at right angles, of Lot 2, and all of Lot 3, in Westfield Business Park,begin a Subdivision of part of the northeast Quarter of Section 31,Township 42,Range 8 east of the third principal meridian,in the City of Elgin,Kane County,Illinois Parcel Two: That part of the north 64.5 feet of Lot 8, as measured along the east and west line thereof, in Slough Business Center II, being a Subdivision of part of the southeast Quarter of Section 31,Township 42 north,Range 8 east of the third principal Meridian, according to the plat thereof recorded October 25,2001 as document 2001 K111976,in the City of Elgin, Kane County,Illinois - Easement Premises: COMMENCING at the northeast corner of said Lot 8;,THENCE south 00 degrees 30 minutes 16 seconds west along the east line of said Lot, 10.00 feet to the point of BEGINNING; THENCE south 00 degrees 30 minutes 16 seconds west along said east, 54.50 feet to the south line of aforesaid north 64.50 feet of Lot 8;THENCE north 89 degrees 59 minutes 06 seconds west'along said south line 20.00 feet;THENCE north 00 degrees 30 minutes 16 seconds east 54.50 feet to the > 8 south line of the 10.00 foot public utility and drainage easement per said Slough Business Center II; THENCE south 89 degrees 59 minutes 06 seconds east along said south line,20.00 feet to the point of the BEGINNING. I 9- EXHIBIT B S � PARCEL f t p J S po 4 s z C EASEMENT BYI { ,---SEPARATE 7 INSTRUMENT _ — """/ POINT OF COMENCEMENT w �•' p N 89'09'06" W 21.16 EASEMENT BY �. SEPARATE W POINT OF BEGINNING "ARCELLOT a INSTRUMENT AREA OF (`p ASEMENT ;7 1,445 SF N 89'59 06 W 518.27 Jw1•lM•I/M AYrM•l.a'•r l•/• '0' PROPOSED siovice' BUSINESS C[N.r£R 11 EASEMENT "- R—.%w 00*',24 2wy a vftw t No.2001KZ I it?$ 1� Easement described as follows: COMMENCING at the northeast corner of Lot 8; THENCE south 00 degrees 30 minutes 16 seconds west along the east line of said Lot, 10.00 feel to the point of BEGINNING; THENCE south 00 degrees 30 minutes 16 north seconds west along said east, 54.50 feet to the south line of 'aforesaid north 64:50 feet of Lot 8; THENCE north 89 degrees 59 minutes 06 seconds west along sold south Czl A111'11C SCALL' line. 20.00 feet; THENCE north 00 degrees 30 minutes 16 1 inch - 40 ft. seconds east 54.50 feet to the south line of the 10.00 --�,•-- ,• -- ..� foot public utility and drainage easement per said Slough '-'' " Business Center II; THENCE south 89 degrees 59 minutes 06 seconds east along said south line, 20.00 feet to the SCALE: 1"=40' PAGE: 1 OF 1 point of the BEGINNING. DRAWN: SAH REVISION: 0 THIS IS NOT A "LAND SURVEY PLAT" OR lMPROVEIJENT CHECKED; SURVEY PLAT" AND THIS EXHIBIT IS NOT INTENDED FOR DATE: 9 8 2020 :`�'m°•�... ~PURPOSE OF TRANSFER OF TITLE OR SUBDIVISION OF LAND. RUS-00244671—Al nX • g -