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Home My WebLink About89-0222 CMD Elgin Assoiciates VOLUME LIV 102 RESOLUTION ACCEPTING AN EASEMENT AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that James J. Cook, City Manoger, 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 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: February 22 , 1989 Vote: Yeas 7ys 0 Recorded: Attest: c/ M ie Yea an • Mariel meorman, Lity Clerk A 76- c ,4_i ? 6,7 47/ r Lrnn• EASEMENT AGREEMENT This AGREEMENT is made as of this J day of fi.04 , 1989, between CMI) ELGIN ASSOCIATES, an lllinois 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: 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, lllinois 60504, or such other address which Grantor has notified Grantee in writing, and (b) if to 2 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: CMI) ELGIN ASSOCIATES, an CITY OF ELGIN, a municipal Illinois limited partnership corporation By: CMD MIDWEST, INC. el/7 Its General Partner By: Its )-2,2 M1 / BY: - % �� sif Its l[/ , 1., . / /z .t/ 3 STATE OF ILLINOIS ) ss COUNTY OF COOK ) I pnROTHY F.SCHULTZ , a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that C1'.4T7.1-E kiti E 4. M4 DEL_ , /i/C C President, and , Secretary of the said CMD MIDWEST, INC., who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such E 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,r) day of ,4/14-k0/t , 1989. Nota Public My commission expires: DOROTHY f, SCHJLTZ Notary Public. State�of )llinois • My Cemmissinn 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. No`tary Public My commission expires: August 10, 1989 4 it 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 S. BEING SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.