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Home My WebLink About22-120 Recorded 2022KO37159 SANDY WEGMAN RECORDER - KANE COUNTY, IL RECORDED: 7/20/2022 3:42 PM REC FEE: 52.00 PAGES: 7 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. 22-120 AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH BOWES CENTER, LLC FOR UTILITY AND PUBLIC IMPROVEMENT EASEMENTS (3451 Bowes Road, Elgin, IL) passed by the Elgin City Council at its legally convened meeting held on July 13, 2022. 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 14, 2022. -�= awk ..r,� ` C Clerk ,J �� 1 T'•�F-fig}+ This instrument prepared by: Return to: William A. Cogley Kimberly Dewis Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 Resolution No. 22-120 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH BOWES CENTER, LLC FOR UTILITY AND PUBLIC IMPROVEMENT EASEMENTS (3451 Bowes Road, Elgin, IL) 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 Bowes Center, LLC, for utility and public improvement easements 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 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: July 13, 2022 Adopted: July 13, 2022 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk 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 ("Agreement") is made and entered into this 13 day of July ,2022,by and between the CITY OF ELGIN,an Illinois municipal corporation, (hereinafter referred to as the "City"), and Bowes Center, LLC, an Illinois limited liability company (hereinafter referred to as the "Grantor"). Grantor and Grantee are also sometimes referred to herein individually as a"Party"or collectively as the"Parties". WITNESSETH WHEREAS, Grantor owns the real property located at the southwest corner of Bowes Road and Nolan Road, in the City of Elgin, Illinois, legally described in the Plat of Easement prepared by Cemcon Ltd.,dated June 2,2022,last revised June 16,2022,attached hereto as Exhibit A and made a part hereof by this reference (such property is hereinafter referred to as the "Subject Property"); WHEREAS,the Parties have determined that it is in their best interests for Grantor to grant to the City an Easement(as hereinafter defined)over the portions of the Subject Property depicted in the attached Exhibit A as the "City Easement Premises" (such portions of the Subject Property depicted on Exhibit A as the "City Easement Premises" are hereinafter collectively referred to as the "City Easement Premises"); and WHEREAS, the Easement shall affect and pertain only those portions of the Subject Property identified in Exhibit A as the City Easement Premises. NOW,THEREFORE,for and in consideration of Ten Dollars($10.00)in hand paid to Grantor, and other good and valuable consideration, the sufficiency of which is hereby acknowledged,the Parties hereto agree as follows: 1. That subject to Section 2 below,the Grantor hereby grants and conveys to the City of Elgin, an Illinois municipal corporation, a permanent and exclusive easement to install, construct, reconstruct, operate, use, maintain, repair, service, upgrade, replace or remove public utilities and public improvements, including but not limited to, a sanitary sewer line, a potable water main, fiber optic lines, multipurpose path, sidewalks and appurtenances relating thereto, in, through,under and upon the City Easement Premises ("Easement"). 2. Any other public utilities(or service lines leading thereto)shall be permitted to cross said City 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 City Easement Premises; however no electrical transformers, switching equipment, junction boxes, or any other such facilities or equipment, shall be erected either above or below ground on the City Easement Premises due to such crossings. 3. That the Grantor shall not construct any buildings,structures or other physical improvements on the City Easement Premises, nor undertake any other activities which unreasonably interfere with the City Easement Premises and the City's intended use thereof. 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 may now or hereafter exist upon the City Easement Premises and which unreasonably interfere with the operation of or access to City facilities in, on, upon, across, under or through said City Easement Premises. The City shall not be responsible for the replacement or repair of any such fences, buildings,structures,trees, shrubs, bushes, roots or other plantings in the City Easement Premises 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. 4. That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the City Easement Premises to the same conditions as existed immediately prior to the exercise of such rights as are reasonably practicable. 5. That no amendment,revision or modification hereof shall be effective unless it is in writing and signed by all of the Parties hereto. 6. That this Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 7. That it is understood and agreed that the City may utilize the services of third party contractors,employees or other agents to perform work in the City Easement Premises. -2 - 1Pagc 8. That the Grantor hereby represents and warrants to the City it is the fee simple title holder of the City Easement Premises and that it has the full power and authority to enter into and make the grant of easement as provided herein. 9. That this Agreement shall be recorded by the City at the City's cost with the Kane County Recorder. 10. That this Agreement shall be binding on the Parties hereto, their successors and permitted assigns and shall run with the land. 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 Bowes Center, LLC municipal c rporation an Illi is limited liability company By By David kaRfA, m4or Pete AC. Bazos,a a ger A oe Kimberly Dewis, Clerk Legal Dept\Agreement\Easement Agr-Bowes Center LLC-Clean 6-10-22.DOCX - 3 Pa - e STATE OF ILLINOIS ) SS COUNTY OF KANE ) 1, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that David Kaptain and Kimberly Dewis, personally known to me to be the Mayor and City Clerk,respectively of the City of Elgin, Illinois and 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 and voluntary acts, 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 13 day of July , 2022. JENNIFER J. QUINTON OFFICIAL SEAL Notary Public,State or Illinois My Commission Expires January 10,2024 otary P lic 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 Peter C. Bazos, personally known to me to be a Manager of Bowes Center, LLC,an Illinois limited liability company,and 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,and as the free and voluntary act of Bowes Center, LLC, for the uses and purposes therein set forth. Given under my hand an official seal, this 13 day of July , 2022. NANCY R.PICKCENS NOTARY OFFICIAL SEAL ' Pua<w Notary Public•SlOW Of Illin®ie Notary P lic My Commission Expires December 22,2025 -4 - I Page PLAT OF EASEMENT fF t11E SOVIMMESt iHM1f:M.R�NCfMMiER pF g IIa4 ill,TOKNAIN�I MOR1N, A EAMAI ST OE NE"114R0 PPNCpAI yIERgIM, P•r MF COUNTY,WN015 N -BOWES POM- - xsrc W-0 .i.. INL aD �..m ..,�"�.',a:,�..�,�...: •.� `�-. - �' ,�..°, a��,�,2-1 gym...; Lccu,n aIMINA, • �qSJ CLMCON, Ltd.