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Home My WebLink About59-0813 Com Ed Lease LEASE THIS INDENTURE, Made and entered into this � 3 � i�ay of A. D. 1959, by and between CITY OF ELGIN, a municipal corporation, Part;, of the First Part (hereinafter called the "Les- sor" ) , anc, COMMON`4EA.LTH EDISON COMPANY, an Illinois corporation, Party of the Second Part (izereinafter called the "Lessee" ); W I T N E S S E T H: WHEREAS, Lessor is the owner of a certain parcel of land located in Lot Five ( ) of Lovell 's Addition to Elgin; an6 WHEREAS, Lessor's water purifying plant is located on ,uch parcel which also contains space conveniently located and desirable for the use of an electric transformer station, such space being out- lined on the attached plat marked Exhibit "A" and hereb,; made a part hereof. NOdr THEREFORE, Lticssor, for and in consideration of a single rental pa.,ment of Five Thousand Dollars ($5,000.00), receipt of which Is hereby acknowledged, and of the covenants, conditions and agree- ments hereinafter contained, b,Y theso presents does grant, demise and lease unto Lessee a certain tract of land located on the Northweater- Ij side of the Chica_o & North Western Railway near Slade Avenut;, as shown on Exhibit "A", attached hereto and made a part hereof .7or the use and. occupancy by Lessee, in connection with its utilit; business, including the right and privilege of erecting, electrical equipment for the transmission and distribution of electricity, sai6 tract of land being more particularly described as follows : Part of Lot Five (5), Lovell 's Addition to Elgin, In the North- K:ast quarter (NE4) of Section Eleven (11), Township Forty-one (41) North, Range Eight (8) East of the Third Principal Meri- dian, in the City of Elgin, Mane County, Illinois, described as follows : Commencing at a point where the North line of Slade A.enue intersects the Westerl; Right-of-4a;, line of the Chicago & North Western Railway; thence Northerl,; alone; the Westerl.j line of said right-of-way, Nine Hun- dred Twenty-seven and. no tenths (927.0) feet to the Southerly line extended of the proposed Sub-Station; thence North Twenty-five (25) degrees Eight (8) minutes West along the said line extended, Three and no tenths 0 0) feet for a place of beginning; thence North Twc-,nt,,.- five (25) degrees Eight (8) minutes 'wrest along the said Southerly line, Twenty-five and no tenths (25.0) feet; thence North Sixty-four (64) degrees, Fifty-two (52) min- utes East along the Westerly line of said proposed Sub- Station, Forty-seven and no tenths (1-17.0 .feet; thence South Twenty-five (25) degrees, Eight (8� minutes East along the Northerly line of said proposed Sub-Station, Twenty-five and no tenths (25.0) feet to a point which Is Three and no tenths (3.0) feet Westerly from the .westerly right-of-way of the Chicago & North gestern Railway • t;hence South Sixty-four (611) degrees, Fifty- two 02j minutes Test along the Easterly line of said proposed Sub-Station, Forty-seven and no tenths (47.0) feet to the place of beginning, the said premises hereby demised being hereinafter referred to as the "demised premises" TO HAVE AND TO HOLD the demised premises and all the rights, privileges, easements and appurtenances thereunto belo.n;ing an6 apper- tainin} for a term of Ninety-nine (99) gears, commencing on the date on which this lease is executed, unless terminated as hereinafter provided. LESSEE HEREBY COVENANTS AND AGREES WITH LESSOR AS FOLLOWS: FIRST: Lessor agrees that any and all equipment, including fencing, which has been or may hereafter be installed or erected on the demised premises by, Lessee shall refrain its Identity as personal -2- property and be and remain the sole propert-;, of Lessee and may be removed by Lessee when it is deemed necessary and Lessee further a;�r�es that any equipment so installed or �rected shall be removed upon the termination of this lease. SECOND: "Lessor hereby agrees to give Lessee, its agents, employes or its representatives free and uninterrupt-,d access to the demised premises hereb,; leased for the operation, maintenance and repair of Lessee 's equipment. THIRD: It is specifically agreed uy both parties that Les- see's rights under this lease are subject to any existing water lines, tiles, pipes or appurtenances, either upon or under the premises des- cribed in t'r-lis lease . Lessor reserves the right at all times to go upon said premises for the purpose of maintaining, repairing or ser- vicing any such water lines, tiles, pipes or appurtenances and Lessee covenants in no way to interfere with, remove, destroy; or injure any such water lines, tiles, pipes or appurtenances . FOURTH: It is hereby mutuall;� agreed by both parties that; when Commonwealth Edison Company abandons the use of the demised premises this lease shall cease, terminate and be cancelled and the parties shall be released from any further oblifation hereunder not- withstanding the provision as to term hereinabove set forth. FIFTH: This lease shall enure to the benefit of and shall be binding upon the parties hereto, th<. ir respective �--rantees, lessees, licensees, successors and assigns . IN WITNESS WHEREOF, the parties hereto have hereunto set -3- their hands and seals as of the da.. and .gear first; above written. CITY OF ELGIN, a municipal corporation Bj . ATTEST: er COMMONWEALTH L,DISON COMPANY By V Vice- re$ en ATTEST, ecreL ry I♦ 1 A r r I STATE OF ILLINOIS SS COUNTY OF I, , a Notar, Public, in and for said County,' in --he State aforesaid, do hereby certif; that, , Rados- of City of Elgin, a municipal corporation and City Clerk of said corporation, personally known to me to be the same persons whose names are subscribed to the foreGoin- instrument as such Mayor and City Clerk respective- ly appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and vol- untary act and as the free and voluntary act of said corporation for the uses and purposes therein set forth; and the said City Clerk, did also then and there acknowledge that he as custodian of the cor- porate seal of said corporation, djd affix the said corporate seal of said corporation to said instrument as his own free and voluntary act and as the "ree and voluntary act of said corporation for the uses and purpo: 3s therein set forth. Given under my hand and notarial seal this day of D. 1959. Rotary u is STATE OF ILLINOIS SS COUNTY OF COOK I, LaYerfie R. h1itehet a Notary Public, in and for said County, in the State aforesaid, do hereby certify that, THor,IAS G. AYERS , Vice-President of COMMONWEALTH EDISON COMPANY, an Illinois corporation, and Fred N. Baxter Secretary of said company, personally known to rare to be the same ;persons whose names are subscribed to the foregoing instrument as such Vice-President and Secretary respectively appeared before me this day in person and acknowledged that they signed ant delivered the: said instrument, as their own free ant` voluntary act and as the free and voluntary; act of said company for the uses and purposes therein set forth; and the said Secretary, di6 also then and there acknowledge that 'ie as custodian of the corpo- rate seal of said company, did affix tiie said corporate seal of saic;+ company to said Instrument as his own free anu voluntary act and as the free and voluntary act of said company for the uses ante purposes therein set forth. Given under my hand and notarial seal this day of A. D. 1959. �o'tary�Pub�� -5-