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220561500$
Doc# 2205615008 Fee $88.00
State of Illinois) RHSP FEE:S9.80 RPRF FEE: $1.00
County of Kane) ss KAREN A. YARHROUGH
City of Elgin ) COOK COUNTY CLERK
DATE: 0212512022 10:26 AM PG: 1 OF 9
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. 22-22
AUTHORIZING EXECUTION OF AN AMENDMENT TO CONSERVATION
EASEMENT WITH SCANNELL PROPERTIES #591, LLC
(1451 Sheldon Drive)
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 Elgin at the said City in the County and State aforesaid this February 24, 2022.
Ci erk
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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. 22-22
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT TO CONSERVATION
EASEMENT WITH SCANNELL PROPERTIES 4591, LLC
(1451 Sheldon Drive)
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 Amendment to Conservation Easement with Scannell Properties #591,
LLC, for the property legally described in the Amendment to Conservation Easement, a copy of
which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause the Amendment to Conservation Easement 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
INSTRUMENT PREPARED BY:
William A. Cogley
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
AND ON RECORDING RETURN TO:
William A. Cogley
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
PIN: 06-20-300-020
AMENDMENT TO CONSERVATION EASEMENT
THIS AMENDMENT TO CONSERVATION EASEMENT is made and entered into this
23 day of February , 2022, by and between SCANNELL PROPERTIES #591,
LLC, an Indiana limited liability company (the "Grantor"), and the City of Elgin, an Illinois
municipal corporation (the "Grantee").
WITNESSETH:
WHEREAS, TKMS II LLC, an Illinois limited liability company ("TKMS") and Grantee
previously entered into a Conservation Easement dated April 24, 2020, and recorded on August
20, 2020, as Document No. 2023362123 (the "Conservation Easement"); and
WHEREAS,the Conservation Easement relates to the use and maintenance of certain areas
of the Property described therein with such conservation areas being depicted and described as
"Tree Conservancy Areas A, B, C and D" (the"Conservation Easement Property"); and
WHEREAS, Grantor acquired the Property (as defined in the Conservation Easement)
from TKMS pursuant to a Special Warranty Deed dated November 19, 2021 and recorded on
November 23, 2021, as Document No. 2132704064; and
WHEREAS,the Grantor is dedicating to the Grantee the portion of the Property consisting
of a sixty (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 A (the "Dedicated
Pro e "); and
WHEREAS, a portion of the Dedicated Property is located within Tree Conservation Area
A of the Conservation Easement Property; and
WHEREAS,the Grantor and Grantee wish to amend the Conservation Easement to exclude
from Tree Conservation Area A and the Conservation Easement Property that portion of the
Dedicated Property legally described in Exhibit B attached hereto in the event the Dedicated
Property is hereinafter improved with roadway improvements or other public improvements by
the City or another governmental authority; and
WHEREAS, the legal description of the Property attached to the Conservation Easement
contained a scrivener's error that Grantor and Grantee wish to correct;
NOW, THEREFORE, for and in consideration of the mutual undertakings set forth in the
Conservation Easement, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as follows:
1. That in the event the Dedicated Property is hereinafter improved with roadway
improvements or other public improvements by the City or another governmental
authority,the Conservation Easement shall be deemed and is hereby amended whereby the
portion of the Dedicated Property legally described in Exhibit B hereto is removed from
and excluded from Tree Conservation Area A and the Conservation Easement Property,
and such portion of the Dedicated Property shall not be subject to the terms and provisions
of the Conservation Easement.
2. The legal description attached to the Conservation Easement as Exhibit A is hereby deleted
in its entirety and replaced with Exhibit C attached hereto.
3. This Amendment to Conservation Easement shall be recorded by the Grantee.
4. In the event of any conflict between the terms of this Amendment to Conservation
Easement, and the Conservation Easement, the terms of this Amendment to Conservation
Easement shall supersede and control.
5. That as except as specifically amended in this Amendment to Conservation Easement, the
Conservation Easement shall remain in full force and effect.
[signature page follows]
2
IN WITNESS WHEREOF, Grantor has hereunder set its hand and seal as of the day and
year first written above.
Signed, sealed and delivered in the presence of:
SCANNELL PROPERTIES #591, LLC,
an Indiana limited liability company
Name: Marc D. Pfleging
Its: Manager
STATE OF INDIANA )
COUNTY OF MARION )
The foregoing instrument was subscribed, sworn and acknowledged before me this S+ day
of rebyVDVQ , 2022 by Marc D. Pfleging, know tome to be the Manager of the Grantor,
and who is personally known to me.
Julie G.Troha '
°c�.- _.•ye��: Notary Pubic,State of Indiana
;i°j Hamilton County N ARY PUBLIC
SEAL €Commission Number 69W28
My Commission Expires Printed Name: v he
May 20,2025 My Commission Expires: 20 25
IN WITNESS WHEREOF, the Grantee has executed and accepted this Amendment to
Conservation Easement as of the day and year first written above.
CITY OF E IN
By:
Mayor
ATTES
By:
City Clerk
3
EXHIBIT A
Plat of Dedication prepared by Haeger Engineering dated December 1, 2021
nN.oe-:o-sao-ora
PLAT OF DEDICATION
HEREBY DEDICATED TO THE CITY OF ELGIN
LEGML WKINPI OM OF LAND M—Y DEDICATED,CONVEYED AND GRANTED:
IN
TINT PAT OF SECTION I TOVINSHIP 11 NORTH,RANGE D.FAST OF THE THIRD PRIHCIPN MERI—DESCRIBED AS
FaLDYAT
COMMENCINGATTIENORTH LMt S ESPAK PERILLIN $WE TMENTMTRwISPORTATEJN PLAT OF HIONNAY
JOB NO R WOI74)1 AND THE EAST LINE OF COMMONIAEILTH EDISON COMPANY RMI}I OF WAY PER DOCUMENT NO
1B}114"S,THENCE NORTH M DEG VREES r3 MINUTES.3 SECONDS EST AL A ALONG SAID ET IME,5.113 FEET TO TIEIN POT OF KOMING,THENCE NORTH OF DEGREES.23 MINUTES.43 SECONDS NEST CONTINUING XL SAD EAST fy
LINE,SO FEET.THENCE NORTH IN DEGREES N MINUTES W SECONDS EAST.MR AS FEET.HENCE Sd]TH DO DEGREES
00 MINUTES]D SECONDS EAST.1.Q1 FEET-.THENCE SOUTH M DEGREES MINUTES W SECONDS NEST BTN FEET.
TIEACE SOUTH 0O DEGREES 03 MINUTES }S SECONDS EAST. 41.0 FEET. TNEMCE S SE DEGREES
SE MINUTES W SECONDS NEST 4W 05 FEET TO THE POINT OF MGINMID.C"OOIMTY.IUIROIS I00 SO 100
SCALE:I'•100'
MIDLAND INDUSTRIALLE]A
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EXHIBIT B
Legal Description of Portion of Dedicated Property Located Within Conservation Area A
THAT PART OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD
PRINCIPAL MERIDIAN, ALL IN COOK COUNTY, ILLINOIS DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SHELDON DRIVE
AND THE EAST LINE OF COMMONWEALTH EDISON RIGHT OF WAY PER DOCUMENT
NO. 18774775; THENCE SOUTH 04 DEGREES 23 MINUTES 43 SECONDS EAST ALONG
SAID EAST LINE,907.37 FEET TO THE NORTH LINE OF MUSKIE LANE AS DEDICATED
BEING THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 56 MINUTES 35
SECONDS EAST ALONG SAID NORTH LINE, 107.30 FEET; THENCE SOUTH 02
DEGREES 53 MINUTES 28 SECONDS EAST, 60.09 FEET TO THE SOUTH LINE OF SAID
MUSKIE LANE;THENCE SOUTH 89 DEGREES 56 MINUTES 30 SECONDS WEST ALONG
SAID SOUTH LINE, 105.71 FEET TO AFORESAID EAST LINE; THENCE NORTH 04
DEGREES 23 MINUTES 43 SECONDS WEST ALONG SAID EAST LINE, 60.19 FEET TO
THE POINT OF BEGINNING.
5
EXHIBIT C
Legal Description of the Property
THAT PART OF THE LAND FALLING WITHIN THAT PART OF SECTION 20,TOWNSHIP
41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
COMMENCING AT A POINT IN THE CENTER LINE OF U.S. ROUTE 20 WHERE THE
EAST LINE OF THE WEST 1/2 OF THE SOUTHWEST 1/4 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 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 17993033; THENCE SOUTHEASTERLY ALONG
SAID NORTHERLY LINE, 41.55 FEET TO A LINE 40.0 FEET EASTERLY OF, AS
MEASURED AT RIGHT ANGLES THERETO, AND PARALLEL WITH THE EASTERLY
LINE OF LANDS CONVEYED BY DOCUMENT 9542306; THENCE NORTH 02 DEGREES,
44 MINUTES, 50 SECONDS EAST, ALONG SAID EASTERLY LINE TO A POINT ON THE
NORTH RIGHT OF WAY LINE OF SHALES PARKWAY, 411.91 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 02 DEGREES, 44 MINUTES, 50 SECONDS 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 OF CASE NO. 19700 IN THE CIRCUIT
COURT OF COOK COUNTY, ILLINOIS; THENCE SOUTH 84 DEGREES, 42 MINUTES, 05
SECONDS EAST, ALONG SAID SOUTH LINE OF LOT "C", 1563.43 FEET TO THE
WESTERLY RIGHT OF WAY LINE OF THE ELGIN, JULIET AND EASTERN RAILROAD;
THENCE SOUTH 07 DEGREES, 06 MINUTES, 36 SECONDS WEST, ALONG SAID RIGHT
OF WAY LINE, 954.48 FEET; THENCE NORTH 82 DEGREES, 54 MINUTES, 11 SECONDS
WEST, 924.90 FEET; THENCE SOUTH 07 DEGREES, 03 MINUTES, 00 SECONDS WEST,
18.47 FEET; THENCE NORTH 82 DEGREES, 54 MINUTES, 11 SECONDS WEST, 67.88
FEET;THENCE SOUTH 07 DEGREES, 05 MINUTES,48 SECONDS WEST; 300.00 FEET TO
A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF 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 42 DEGREES,
16 MINUTES, 04 SECONDS WEST, 129.35 FEET TO A POINT OF CURVATURE; THENCE
SOUTHWESTERLY ALONG AN ARC OF CIRCLE, BEING CONVEX SOUTHEASTERLY
AND HAVING A RADIUS OF 75.00 FEET, AN ARC DISTANCE OF 113.90 FEET (THE
CHORD OF WHICH BEARS SOUTH 85 DEGREES, 45 MINUTES, 55 SECONDS 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 WHICH BEARS NORTH
53 DEGREES, 02 MINUTES, 31 SECONDS WEST, 26.84 FEET) TO A POINT OF
TANGENCY; THENCE NORTH 55 DEGREES, 17 MINUTES, 38 SECONDS WEST, 270.10
FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.