HomeMy WebLinkAbout89-0222 CMD Easement Recorded -rig , '.i° `
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RECORDER
State of Illinois 0061 0 913
County of Kane ss Certificate of City Clerk
City of Elgin
I, Marie Yearman, DO HEREBY CERTIFY that I am the City Clerk of the City of Elgin,
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
..Re.sQ1ut..ion..A.ccept•ing•.a•ra.•Eas.erRent••Agreement ,
the origi,nal of whichiaeni~nfsted to my care for safe keeping.
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 17th day of
July'
L ,'' (SEAL) 2003471 Ci Clerk. 1
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Gf�D EASew1€-
RESOLUTION
ACCEPTING AN EASEMENT AGREEMENT 0
O
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, CT
that James J. Cook, City Manager, be and is hereby authorized and directed to accept an
Easement Agreement for ingress and egress to and from the water tower site and for
installation and maintenance of necessary underground utilities from CMD Elgin k.p
Associates. —
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed
to cause the Easement Agreement hereby accepted to be recorded in the office of the
Recorder of Deeds of Kane County, Illinois.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: February 22, 1989
Adopted: February22 , 1989
Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Marie Yea [pan
Marie learman, City Clerk
This document prepared by:
Attorney Erwin Jentsch
City of Elgin
150 Dexter Ct .
Elgin, Ill. 60120
695-6500
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EASEMENT AGREEMENT
This AGREEMENT is made as of this 7jday of fitea4 , 1989, between CMD
ELGIN ASSOCIATES, an Illinois limited partnership ("Grantor"), and CITY OF ELGIN, a
municipal corporation located in the County of Kane and State of Illinois ("Grantee").
A. Grantor is the owner of that certain real estate described in Exhibit A
attached hereto and made a part hereof ("Easement Property").
B. Grantee is the owner of that certain real estate described in Exhibit B
attached hereto and made a part hereof ("Grantee Property").
The parties hereto hereby agree as follows:
1. Grant of Easement. Subject to the terms and conditions set forth herein,
Grantor hereby grants and conveys to Grantee, as an easement appurtenant to the
Grantee Property, a non-exclusive irrevocable easement in, over and across the
Easement Property, for the sole purposes of (a) egress and ingress to and from the
Grantee Property and Fox Lane, and (b) installing and maintaining underground water
mains and electrical lines necessary for the operation of a water tower facility on the
Grantee Property.
2. Improvements.
(a) Grantee shall make no improvements on the Easement Property
without the prior written consent of Grantor. Notwithstanding the foregoing, the
Easement Property may be improved with (a) underground water mains and
electrical lines which are necessary for the operation of a water tower facility on
the Grantee Property, and which are installed and shall at all times be maintained
at least thirty inches (30") below the existing grade of the Easement Property
(except for valves and vaults which are necessary for the operation and
maintenance of such mains and lines which may be installed and maintained at or
below the existing grade of the Easement Property), and (b) a paved roadway
according to at least the minimum standards then prescribed generally by the City
of Elgin.
(b) Grantor may make any improvements on the Easement Property
provided that such improvements do not substantially interfere with the rights of
Grantee under Section 1 hereof.
THIS INSTRUMENT WAS PREPARED BY:
RANDAL J. SELIG
CMD CORPORATION
SUITE 4950
ONE FIRST NATIONAL PLAZA
CHICAGO, ILLINOIS 60603
MAIL TO:
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3. Maintenance of Improvements Grantor and Grantee shall each be responsible
for the maintainance and repair of the improvements made by each of them respectively
on the Easement Property and for the remaining portions of the Easement Property
generally in accordance with each of their respective use thereof. The terms and
regulations set forth in this Section 3 are in addition to and not in lieu of any
requirements now or hereafter imposed by city ordinances or other applicable public
authority.
4. Temporary Closure. Grantor may, in connection with the use and operation of
the real property upon which the easements granted hereunder are located, or to prevent
a dedication or accruing of rights by the public, temporarily prevent or close off
pedestrian or vehicular ingress or egress over any portion of the Easement Property,
provided that, at all time during such temporary closure, Grantor shall have provided
alternative ingress and egress to the Grantee Property.
5. Indemnities.
(a) Grantee hereby agrees to indemnify, defend and hold Grantor, its
affiliates and each of their officers, directors, employees and agents harmless
from and against any and all liabilities, losses, damages, costs and expenses
(including reasonable attorneys'fees and costs) arising out of or in connection with
any use of of entry on the Easement Property by Grantee, its affiliates or any of
their agents, contractors, licensees and invitees.
(b) Grantor hereby agrees to indemnify, defend and hold Grantee, its
affiliates and each of their officers, directors, employees and agents harmless
from and against any and all liabilities, losses, damages, costs and expenses
(including reasonable attorneys'fees and costs) arising out of or in connection with
any use of of entry on the Easement Property by any person other than Grantee,
its affiliates or their agents, contractors, licensees and invitees.
6. Option. Grantor shall have the option to sell, transfer and assign to Grantee a
fee simple interest in the Easement Property at any time from and after the date hereof
for the total consideration of One and 00/100 Dollar ($1.00). Grantor shall exercise such
option by delivering to Grantee and recording in the office of the Recorder of Kane
County and any other appropriate governmental offices a written warranty deed to the
Easement Property, subject to those exceptions which affect the Easement Property as
of the date hereof, at which time the deed and the fee simple interest in the Easement
Property shall be deemed accepted by Grantee.
7. Notice. All notices and other communications given pursuant to this
Agreement shall be in writing and shall be deemed properly served if delivered in person
to the party to whom it is addressed or two (2) days after deposit in the United States
mail, if sent postage prepared by United States registered or certified mail, return
receipt requested, as follows: (a) if to Grantor, 600 Commons Drive, Aurora, Illinois
60504, or such other address which Grantor has notified Grantee in writing, and (b) if to
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0061 0917
Grantee, c/o City Clerk, City of Elgin, 150 Dexter Court, Elgin, Illinois 60120-5555, or
such other address which Grantee has notified Grantor in writing.
GRANTOR: GRANTEE:
CMD ELGIN ASSOCIATES, an CITY OF ELGIN, a municipal
Illinois limited partnership corporation
By: CMD MIDWEST, INC.
Its General Partner By: ' i 9/
Its )i
BY: i.- t^- l"Ia tZ (-
Its lLft ;1'zc.Lr,/` rt/
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STATE OF ILLINOIS
ss
COUNTY OF COOK)
I, DOROTHY F.SCHULTZ
, a Notary Public in and for the County and State
aforesaid, DO HEREBY CERTIFY that CA-THE k m)E ///c
President, and , Secretary of the said CMI)
MIDWEST, INC., who are personally known to me to be the same persons whose names
are subscribed to the foregoing instrument as such President and
Secretary, appeared before me this day in person and acknowledged that they signed,
sealed, and delivered said instrument as their free and voluntary act and as the free and
voluntary act of said corporation, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal, this 2,w) day of 44/1,Q-1 .d ft , 1989.
id
No . Public
My commission expires: c-e?
'Gro s 5°:41:' V . .
DOROTHY j, SCHULTZ
Notary Public, State'of Illinois'
My Commission Expires April 5,1989
STATE OF ILLINOIS )
) ss
COUNTY OF KANE )
I, Nancy Roll , a Notary Public in and for the County and State
aforesaid, DO HEREBY CERTIFY that George VanDeVoorde , Mayor
of the said CITY OF ELGIN, who is personally known to me to be the same person whose
name is subscribed to the foregoing instrument as such Mayor , appeared before
me this day in person and acknowledged that he(she) signed, sealed, and delivered said
instrument as his(her) free and voluntary act and as the free and voluntary act of said
City of Elgin, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal, this 3rd day of April , 1989.
Notary Public •i- ' ?f
My commission expires: August 10, 1989 • C)
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EXHIBIT A
EASEMENT PROPERTY
THAT PART OF THE WEST 27.47 FEET
(MEASURED ALONG THE NORTH LINE) OF LOT 5 OF WESTFIELD BUSINESS PARK,
BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 31 ,
TOWNSHIP 42 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING
NORTHERLY OF A LINE THAT I9 PARALLEL WITH THE NORTH LINE OF SAID LOT 5
AND 210. 00 FEET (MEASURED ALONG THE WEST LINE OF SAID LOT 5) NORTHERLY
OF THE SOUTHWEST CORNER OF SAID LOT 5. BEING SITUATED IN THE CITY OF
ELGIN, KANE COUNTY, ILLINOIS.
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EXHIBIT B
GRANTEE PROPERTY
THAT PART OF LOT 5 OF WESTFIELD BUSINESS PARK, BEING A SUBDIVISION OF
PART OF THE NORTHEAST QUARTER OF SECTION 31 , TOWNSHIP 42 NORTH, RANGE 6
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING
AT THE SOUTHWEST CORNER OF SAID LOT 5; THENCE NORTH 01 DEGREE 46 MINUTES
55 SECONDS EAST, ALONG THE WEST LINE OF SAID LOT 5, A DISTANCE OF 210.00
FEET; THENCE SOUTH 98 DEGREES 47 MINUTES 45 SECONDS EAST, PARALLEL WITH
THE NORTH LINE OF SAID LOT 5, A DISTANCE OF 197.88 FEET TO A LINE DRAWN
PARALLEL TO THE EAST LINE OF SAID LOT S FROM A POINT ON THE SOUTH LINE
OF SAID LOT 5 THAT IS 200.00 FEET (MEASURED ALONG SAID SOUTH LINE)
EASTERLY. OF THE SOUTHWEST CORNER OF SAID LOT 5; THENCE SOUTH 01 DEGREE
12 MINUTES 15 SECONDS WEST, ALONG SAID PARALLEL LINE,• 4 DISTANCE OF
209.99 FEET TO THE SOUTH LINE OF SAID LOT 5; THENCE NORTH 99 DEGREES 47
MINUTES 45 SECONDS WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 200.00
FEET TO THE POINT OF BEGINNING. BEING SITUATED IN THE CITY OF ELGIN,
KANE COUNTY, ILLINOIS.
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