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KAREN A. YARBROUGH
State of Illinois ) COOK COUNTY CLERK
County of Kane) ss DATE: e2r25r2e22 1e:23 AM PG: 1 OF 10
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. 22-21
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH SCANNELL
PROPERTIES #591, LLC FOR STORMWATER IMPROVEMENTS
(1451 Sheldon Drive & 1502-1506 Villa Street)
passed by the Elgin City Council at its legally convened meeting held on February 23, 2022.
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the
City of-El 'n at the said City in the County and State aforesaid this February 24, 2022.
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Ci Jerk
(SEAL-:: t
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. 22-21
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH SCANNELL
PROPERTIES #591, LLC FOR STORMWATER IMPROVEMENTS
(1451 Sheldon Drive & 1502-1506 Villa Street)
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 Scannell Properties #591, LLC, for
stormwater improvements, 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 Cook
County, Illinois.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: February 23, 2022
Adopted: February 23, 2022
Omnibus Vote: Yeas: 9 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 made and entered into this 23rd day of February,
2022, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to
as the "City"), and SCANNELL PROPERTIES #591, LLC, an Indiana limited liability company
(hereinafter referred to as the "Owner").
WITNESSETH
WHEREAS, the Owner owns the real property commonly known as 1451 Sheldon Drive,
Elgin, Cook County, Illinois 60120, and legally described in Exhibit A attached hereto and made
a part hereof by this reference(hereinafter referred to as the "Subject Property"); and
WHEREAS, as part of the proposed rezoning of the Subject Property the Owner has
dedicated to the City of Elgin the portion of the Subject Property consisting of a 60-foot wide area
depicted and legally described in the Plat of Dedication prepared by Haeger Engineering dated
December 1, 2021 , attached hereto as Exhibit B and made a part
hereof by this reference (hereinafter referred to alternatively as the "Dedicated Property" or the
'Basement Premises"); and
WHEREAS, as part of the agreement for the Owner to dedicate to the City the Dedicated
Property the City has agreed to allow the Owner to obtain an easement back from the City over
such Dedicated Property for the purpose of constructing on such Dedicated Property stormwater
improvements for the benefit of the Subject Property pursuant to the terms and conditions of this
Easement Agreement.
NOW,THEREFORE, for and in consideration of the dedication of the Dedicated Property
from the Owner to the City, and for other good and valuable consideration, the receipt and
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sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. The City as the owner of the Dedicated Property does hereby grant to the Owner
and its successors and assigns an exclusive easement for the construction, installation,
reconstruction, replacement, maintenance, operation and repair of stormwater improvements for
the benefit of the Subject Property, being the stormwater improvements for the Subject Property
depicted in the final engineering plans for the Subject Property approved by the city engineer.
2. In the event a future driveway access from Shales Parkway to the Safety-Kleen
property located at 1502-1506 Villa Street("Safety-Kleen Property") is found to be necessary and
is to be constructed, the City or such other governmental authority constructing such roadway
improvements may terminate the easement provided for in this Easement Agreement upon one
hundred and eighty (180) days written notice to the Owner and the Owner shall permit and
otherwise grant the necessary access to allow the redesign, reconfiguration and reconstruction of
the stormwater detention facility and associated stormwater infrastructure for the Subject Property
outside of the dedicated right-of-way land area. The cost of such redesign and reconfiguration of
the stormwater detention facility and the associated stormwater infrastructure for the Subject
Property shall be borne by third parties other than the Owner of the Subject Property. It is the
intent of the parties that the relocated stormwater detention and related stormwater infrastructure,
and any new necessary stormwater detention facility and related infrastructure for the new access
driveway between Shales Parkway and the Safety-Kleen Property, should be provided within
Shales Parkway right-of-way and/or on the Safety-Kleen property. Such redesign and
reconfiguration of the stormwater detention facility in the associated stormwater infrastructure for
the Subject Property shall be phased in such a manner as to maintain sufficient stormwater capacity
for the Subject Property during such redesign and reconfiguration project. The City or such other
governmental authority constructing the roadway improvements over the Dedicated Property and
providing for the redesign,reconfiguration and reconstruction of the stormwater detention facility
and the associated stormwater infrastructure of the Subject Property may use the services of third-
party contractors, employees or other agents to perform the work associated with the redesign,
reconfiguration and reconstruction of the stormwater detention facility and associated stormwater
infrastructure for the Subject Property, provided all such third-party contractors, employees and
other agents shall be fully insured against any loss for damages to persons or property and shall
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agree to abide by and be bound by the terms and conditions of this Easement Agreement. Owner
shall be added as an additional insured party to the insurance policies issued to or on behalf of such
third-party contractors or agents with respect to the work regarding the redesign, reconfiguration
and reconstruction of the stormwater detention facility and associated stormwater infrastructure
for the Subject Property. Such third-party contractors or agents shall also agree to and indemnify
and hold the Owner harmless from any claims for personal injuries or property damage arising
directly as a result of such independent contractor's or agent's work during the redesign,
reconfiguration and reconstruction of the stormwater detention facility and associated stormwater
infrastructure for the Subject Property.
3. That the Owner for itself, its agents and independent contractors, hereby agrees to
indemnify and hold the City, its officials, officers, employees, agents and attorneys, and their
respective successors and assigns (the "City Parties") harmless from any third party claims for
personal injuries or property damage arising directly as a result of the Owner's work in the
Easement Premises during construction or during any subsequent maintenance or repair thereof.
The Owner further agrees to indemnify and hold harmless City from any and all liens placed
against the Easement Premises arising from said construction, maintenance, or repair activities.
5. That no amendment, revision or modification hereof shall be effective unless it is
in writing and signed by all parties hereto.
6. 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.
7. 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.
8. That the Owner may utilize the services of third party contractors, employees or
other agents to perform work in the Easement Premises, provided all such third party contractors,
employees or other agents shall be fully insured against any loss for damages to persons or property
and shall agree to abide by and be bound by the terms and conditions of this Easement Agreement.
The City shall be added as an additional insured party to all insurance policies issued to on behalf
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of the Owner or such third-party contractors,employees or agents with respect to any work within
the Easement Premises.
9. That this Agreement shall be binding on the parties hereto, their successors and
permitted assigns and shall run with the land.
10. 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.
11. That this Agreement shall be recorded by the City at the City's cost with the Cook
County Recorder. In the event the easement provided for in this Easement Agreement is
terminated as provided for in this Easement Agreement the City may record a document
evidencing such termination with the Cook County Recorder.
IN WITNESS WHEREOF, the parties have entered into and executed this Easement
Agreement on the date and year first written above.
CITY OF ELGIN: OWNER:
SCANNELL PROPERTIES #591,LLC,
By: an Indiana limited liability company
yr
Attes
City Clerk By:
Marc D. Pfleging, Manager
Attest:
Courtney Kanzinger
FALegal DepAAgreementEasement-1451 Sheldon Drive-FORM-10-31-18-Clean.docx
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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.
a�a
Given under my hand an official seal,this 2 day of ,r +
y ub
JE NIFER J. QUINTON
STATE OF INDIANA ) OFFICIAL SEAL
Notary Public.State of Illinois
) SS. My Commission Expires
COUNTY OF MARION ) 0 January 10,202a
1, the undersigned, a Notary Public, in and for said County, in the State aforesaid,
do hereby certify that Marc D. Pfleging, Manager of Scannell Properties #591, LLC, an Indiana
limited liability company,personally known to me 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 such limited liability company, for the uses and purposes therein set forth.
Given under my hand an official seal,this 1 ,day of December, 2021.
NOTARY PUBLIC N ry Public
Commission Number
;.mac 699028 0•* _—
N•NOTARY SEAL -ryo;•
Ss'OnOF Expirest3.
•. .• OAP,
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EXHIBIT A
LEGAL DESCRIPTION
THAT PART OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:COMMENCING AT A POINT IN THE
CENTER LINE OF U.S. ROUTE 20 WHERE THE EAST LINE OF THE WEST %2 OF THE
SOUTHWEST '/4 OF SAID SECTION 20 INTERSECTS SAID CENTER LINE: THENCE
SOUTHEASTERLY ALONG SAID CENTER LINE 52.40 FEET TO THE EASTERLY LINE
OF A TRACT OF LAND CONVEYED TO PUBLIC SERVICE COMPANY OF NORTHERN
ILLINOIS (NOW THE COMMONWEALTH EDISON COMPANY) BY DOCUMENT NO.
9542306; THENCE NORTHERLY ALONG SAID EASTERLY LINE, 114.22 FEET; THENCE
NORTHEASTERLY ALONG SAID EASTERLY LINE 76.81 FEET TO THE NORTHERLY
LINE OF A TRACT OF LAND DEDICATED FOR HIGHWAY PURPOSES BY DOCUMENT
NUMBER 17993033; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY LINE,
41.55 FEET TO A LINE 40.0 FEET EASTERLY OF (MEASURED AT RIGHT ANGLES
THERETO) AND PARALLEL WITH THE EASTERLY LINE OF LANDS CONVEYED BY
DOCUMENT NUMBER 9542306; THENCE NORTH 02' 44' 50" EAST ALONG SAID
EASTERLY LINE TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SHALES
PARKWAY, 411.91 FEET TO A POINT OF BEGINNING; THENCE NORTH 02' 44' 50"
EAST,CONTINUING ALONG SAID EASTERLY LINE 1314.98 FEET TO THE SOUTHERLY
LINE OF LOT "C" IN SECTION 20, ACCORDING TO THE PLAT FILED WITH THE
COMMISSIONER'S REPORT IN PARTITION IN CASE NO. 19700 IN THE CIRCUIT COURT
OF COOK COUNTY, ILLINOIS;THENCE SOUTH 84°42' 05"EAST,ALONG SAID SOUTH
LINE OF LOT "C", 1563.43 FEET TO THE WESTERLY RIGHT OF WAY LINE OF THE
ELGIN JOLIET AND EASTERN RAILROAD;THENCE SOUTH 07°06' 36"WEST, ALONG
SAID RIGHT OF WAY LINE, 954.48 FEET, THENCE NORTH 82° 54' 11" WEST, 924.90
FEET;THENCE SOUTH 070 03' 00"WEST, 18.47 FEET;THENCE NORTH 820 54' 11"WEST
67.88 FEET; THENCE SOUTH 07° 05' 48" WEST, 300.00 FEET TO A POINT OF
CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF A CIRCLE BEING
CONVEX SOUTHEASTERLY AND HAVING A RADIUS OF 173.24 FEET, AN ARC
DISTANCE OF 106.34 FEET TO A POINT OF TANGENCY; THENCE SOUTH 420 16' 04"
WEST, 129.35 FEET TO A POINT OF CURVATURE;THENCE SOUTHWESTERLY ALONG
AN ARC OF A CIRCLE, BEING CONVEX SOUTHEASTERLY AND HAVING A RADIUS
OF 75.00 FEET, AN ARC DISTANCE OF 113.90 FEET (THE CHORD OF WHICH BEARS
850 45' 55" WEST, 103.26 FEET) TO A POINT OF CURVATURE; THENCE
NORTHWESTERLY ALONG AN ARC OF A CIRCLE, BEING CONVEX
SOUTHWESTERLY AND HAVING A RADIUS OF 341.56 FEET, AN ARC DISTANCE OF
26.85 FEET (THE CHORD OF WHICH BEARS NORTH 53° 02' 3 1" WEST, 26.84 FEET)TO
A POINT OF TANGENCY; THENCE NORTH 550 17' 38" WEST, 270.10 FEET TO THE
POINT OF BEGINNING, BEING SITUATED IN THE CITY OF ELGIN, COOK COUNTY,
ILLINOIS.
(commonly known as 1451 Sheldon Drive).
Permanent Index Number: 06-20-300-020-0000
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EXHIBIT B
Plat of Dedication Prepared by Haeger Engineering Dated December 1, 2021.
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wNDE-)D5D0-D:D PLAT OF DEDICATION
HEREBY DEDICATED TO THE CITY OF ELGIN
LEOAL_PC.F,ROM Of LAND HEREBY Of ATED•CONVEYED AND GRANTED:
THAT PART OF SECTIOR 90.TOVWSHIP FI NOIITN RANDS 9.EAST OF THE THIRD PRINCMAL IIERID—,DESCRIBED A5
r i N I—OWS.
C,H, Wu MTHENORTML]1EOFSIULESPMk MPERILLDF MPMTMEMUTRNHSPORTATNNN%A7OPN0-1
JOB N0.R.9 41 AND THE EAST LWE OF COMMOMEALTH EDISON COMPANY RIGHT OF WAY PER DOCUMENT NO.
18"1 An5;THENCE NORTH N DEGREES 93 MINUTES A!SECONDS HEST ALONG SAIO EAST LINE.N1 T!FEET TO THE
POWT M BEGINNING:THENCE NORTH W DEGREES.I)MINUTES.45 IECONOS WEST CONTINUING ALONG SAO EAST
LINEN 9 MET.THENCE NORTH W DEGREES N MINUTES 05 SECONDS EAST,SEB.FB MET.THENCE SOURNO DEGREES
DD MINUTES 90 SECONDS EAST.ii.E.FEET.THENCE SOWN B9 DFORMS EE MINUTES b SECONDS WEST 67 89 FEET.
THENCE SOUTH 00 DEGREES 03 MINUTES 25 SECONDS EAST. RI.SD FEET; THENCE SOUTH N DEGREES
N MINUTES DO SECCHDS WEST 4%M FEET TO THE POINT OF BEGNHIHO.COOL COUNTY.ILLNOS. 1.
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