HomeMy WebLinkAbout99-307 Recorded Resolution No . 99-307
RESOLUTION
AUTHORIZING EXECUTION OF A NONEXCLUSIVE ACCESS EASEMENT
WITH MEIJER REALTY COMPANY FOR AN ACCESS ROAD ACROSS A PORTION
OF THE RANDALL ROAD WATER TOWER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City
Clerk, be and are hereby authorized and directed to execute a
Nonexclusive Access Easement with Meijer Realty Company for
the construction of an access road across a portion of the
Randall Road water tower property as described in the attached
Nonexclusive Access Easement .
BE IT FURTHER RESOLVED that the City Clerk - is hereby
authorized and directed to cause the Nonexclusive Access
Easement to be recorded in the Office of the Recorder of Deeds
of Kane County, Illinois .
s/ Ed Schock
Ed Schock, Mayor
Presented: December 1, 1999
Adopted: December 1, 1999
Omnibus Vote : Yeas 6 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
• FILED FOR RECORD
K Ni CCILINTY.ILL.
+ NONEXCLUSIVE ACCESS 1999K1 16813 1494 DEC 10 AM 10: 1
EASEMENT
• THIS ACCESS RECORDER
EASEMENT (the "Easement") is
made this p-ri/ day of
December, 1999, by and between
THE CITY OF ELGIN, a
municipal corporation (hereinafter
referred to as the "Grantor") of 150
Dexter Court, Elgin, Illinois 60120, and MEIJER REALTY COMPANY, a Michigan
corporation (hereinafter referred to as the "Grantee"), of 2929 Walker Avenue, N.W., Grand
Rapids, Michigan 49544.
RECITALS:
A. Grantor is the fee simple owner of approximately 1.35 acres of real property
located near the intersection of Randall Road and College Green Drive, in the City of Elgin,
Kane County, Illinois, by Document No. 92K32924 (the "Grantor's Property"), which Grantor's
Property is shown on the drawing attached hereto as Exhibit A.
B. Grantee is the fee simple owner of approximately 26.117 acres of real property
located south of Grantor's Property, by Document No. 1999K059668 (the "Grantee's Property"),
which Grantee's Property is legally described in Exhibit B attached hereto.
C. Grantee desires to obtain from Grantor a nonexclusive access easement over a
portion of Grantor's Property.
D. Grantor has agreed to grant Grantee such access easement upon the terms and
conditions set forth herein.
00
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants
and agreements contained herein, and for other good and valuable consideration, the receipt and
c6 cid sufficiency of which is hereby acknowledged by the parties hereto, it is agreed as follows:
'3 - 1. Grant of Easement: Use of Easement. Grantor grants to Grantee a perpetual,
✓� nonexclusive access easement over a portion of Grantor's Property, depicted on the drawing
attached as Exhibit A, and legally described in attached Exhibit C (the "Access Easement
Area"). The Access Easement Area shall be for the benefit of the Grantee Parcel and may be
used for the purpose of vehicular and pedestrian ingress and egress, for the installation, repair,
maintenance and replacement of a paved road or driveway, and striping and curbing
(collectively, the "Road Improvements"), within the Access Easement Area.
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GWT\CHICAGOLG\EASEMENT\AccessEasement.Doc
\E 1999 K 1 1681 3 ` �1.
7 ss-
2. Encumbrances. Grantee acknowledges that the easement granted herein is subject
to all easements, rights-of-way, building, use and occupancy restrictions and all other restrictions
and encumbrances affecting the Access Easement Area.
3. Construction and Maintenance within Access Easement Area. Grantee will at its
expense construct the Road Improvements in the Access Easement Area. Grantee shall also
maintain in good condition and repair the Road Improvements in the Access Easement Area.
4. Indemnification. Grantee agrees to defend, indemnify and save harmless Grantor,
from and against any and all liability or claim thereof(including but not limited to reasonable
actual attorney fees and costs) whether for injury to persons, including death, or damage to
property, which may be imposed upon, incurred by or asserted against Grantor: (i) arising in
connection with the use by Grantee, its employees, agents, lessees, invitees, or licensees of the
Access Easement Area; or (ii) arising out of any negligent act or omission to act by Grantee, its
agents, employees, contractors or subcontractors.
5. Notices. Notices permitted or required hereunder shall be in writing and shall be
delivered or sent by certified mail to the addresses first provided above; provided that any party
may change such address by written notice to the other party.
6. Successors and Assigns. The nonexclusive easement granted herein, and the
rights and obligations set forth herein, shall run with the land and be binding upon and inure to
the benefit of Grantor and Grantee and their respective successors and assigns during their
respective period of ownership.
7. Severability. The invalidity or unenforceability of any provision of this Easement
shall not affect or impair the validity or enforceability of any other provision or term hereof.
8. Entire Agreement. This Easement, including the attached Exhibits, contains the
entire agreement between the parties and all of the terms and conditions to which the parties have
agreed and supersedes all prior oral or written agreements or understandings concerning the sub-
ject matter.
9. Exhibits. All exhibits referred to herein and attached hereto are incorporated by
this reference and shall be deemed part of this Easement.
10. Governing Law. This Easement shall be construed in accordance with the laws of
the State of Illinois and any applicable federal laws and regulations.
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GWT\CHICAGO\ELG\EASEMENT\AccessEasement.Doc
1999K1 16813
IN WITNESS WHEREOF, the parties have caused this Easement to be executed as of the
day and year first above written.
WITNESSES: THE CITY OF ELGIN
By:
f-- Its:e� Its: M 4 c
� y
WITNESSES: MEIJER REALTY COMPANY
"
4y,VIAA' Q-eSatzd By: ,L.
C(In thI a A. LcCird John S. Stephen
Vice President - Real Estate
i?O Iry Jeon R , ,
STATE OF ILLINOIS )
) ss.
COUNTY OF RAW: )
The foregoing instrument was acknowledged before me this 8th day of December,
1999, by Ed Schock , the Mayor of THE CITY OF ELGIN, a municipal
corporation, for and on behalf of said corporation.
Notary Public, Kane County, IL
/ NANCY ROLL P My commission expires: •
4 NOTARY PUBLIC, STATE OF ILLINOIS 0*
4 My Commission Expires Aug. 10, 2001
Nor NrNIVIIIFV"Nir•tr
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GWT\CHICAGO\ELG\EASEMENT\AccessEasement.Doc
1999K1 16813
•
• I STATE OF MICHIGAN )
) ss.
COUNTY OF KENT )
The foregoing instrument was acknowledged before me this /sl day of December,
1999, by John S. Stephenson, the Vice President - Real Estate of MEIJER REALTY
COMPANY, for and on behalf of said corporation.
C�
Notary Public, Kent County, MI
My commission expires: /�7,7a/
PAMELLA KLEIBUSCH
NOTARY PUBLIC, Kent County, Michigan
My Commission Expires March 27, 2001
DRAFTED BY AND WHEN
RECORDED RETURN TO:
Gordon W. Thomas, Esq.
Meijer, Inc.
2929 Walker Ave., N.W.
Grand Rapids, MI 49544
(616) 791-5056
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GWT\CHICAGO\ELG\EASEMENT\AccessEasement.Doc 1/
1999K1 16813
CURVE TABLE
CHORD-
CURVE LENGTH RADIUS DELTA CHORD
LENGTH BEARING N
Cl 77.35' 130.00' 34'05'23" 76.21' S07'41'29'E I
UNE UNE LENGTH TABLE
BEARING Cr)/
4 FC
L1 65.26' N46'51'533W F
L2 103,00' NO1'51'53"W f^a
L3 45.25' N44'15'32"E \ /Q�,
L4 49.63' S09'21'12"W A
--1 L5 76.13' S24'44'11"E 'V
P.O.B.
ccs ,
tar — . . — •
— w' _' TION —
L4 CITY OF ELGIN N.
4li '
/ DOC NO. 92K32924 $''
A=12'3516" vii v'.
R=665.00' -`-'
(r / L=146.10'
LCH=N41'57'23"W '''‘i`'
CP ACCESS EASEMENT AREA L5 145.81' ;
G. ,�8 e„ T.P.O B.
- 2 n S44'15'32"W y off' oo a
1
O S88'08 0 W 200.00' yti o
Z 13 105.00' . Lo. ,o
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aJ3M 4; �r
I C mpe !7 N46'51'S3"W LOT 1 6$ :
j'p A2 19.74' WOODBRIDGE NORTH COMMERCIAL SUBDIVISION RPS (w
0 , c f DOC. NO ,'��• ni
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CS fD
c=56'00'44" `"
Z EXHIBIT OF ACCESS EASEMENT- AREA R=385.00' I i_
L=376.38'
FOR LCH=N63'40'07"W
MEIJER REALTY CO. 261.57'
I •
a SECTION 21 &28, TOWNSHIP 41 NORTH, RANGE 8 EAST
OF THE THIRD PRINCIPAL MERIDIAN
co CITY OF ELGIN, KANE COUNTY, ILLINOIS \
N 409 E. MONUMENT AVE. 0 100 200 300 400 \ko I
,,,t- DES PFM CONTRACT
up DAYTON, OHIO 45402 DRT EKG NO. 55624 ��� INIMINIMIIMMI
r SIERRA RIDGE CONDOPMFIIUMS
937.461.5660 PFM JUNE 4, 1999 SCALE: 1"=100 DOC NO. 98K 114 I
.4, FAX 937.461.0743 CKD DATE
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WOOLPERT LLP SHEET 1 OF 1
GRAPHIC SCALE IN FEET 198' 1990'31"W
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E7:iI1BIT B
TO ACCESS EASEMENT
LEGAL DESCRIPTION OF GRANTEE'S PROPERTY
Lot 1 in Woodbridge North Commercial Subdivision in the City of Elgin, Kane County, Illinois,
according to the plat thereof recorded with the Recorder of Deeds of Kane County, Illinois on
June 10, 1999 as Document No. 1999K057506.
PIN Nos: 06-21-300-022, 06-28-100-027, and 06-28-100-032
Common Address: Randall Road and College Green Drive, Elgin, Illinois
6'
1999K1 16813
' + EXHIBIT C
TO ACCESS EASEMENT
•
LEGAL DESCRIPTION OF THE ACCESS EASEMENT AREA
Situate in Sections 21 and 28, Township 41 North, Range 8 East of the Third Principal Meridian,
City of Elgin, County of Kane, State of Illinois, and being an easement for access over a tract of
land conveyed to the City of Elgin as recorded in Document No. 92K32924 (all references to
deeds, microfiche, plats, surveys, etc. refer to the records of the Kane County Recorders Office,
unless noted otherwise) said easement being more particularly described as follows:
Commencing for reference at an iron pin (found) at the northeast corner of the northwest quarter
of said Section 28;
thence along the east line of the northwest quarter of said Section 28, South one degree
forty minutes twenty nine seconds East (S01°40'29"E) for four hundred seventy-five and 49/100
feet (475.49') to the south right-of-way line of College Green Drive as established by a Plat of
Dedication as recorded in Document No. 91K24760 and the northeast corner of Sierra Ridge
Condominiums as recorded in Document No. 98K1141.
thence along said south right-of-way line for the following four(4) courses:
1. South eighty-eight degrees nineteen minutes thirty one seconds West (S88°19'31"W) for
one hundred ninety-four and 90/100 feet (194.90')to a point of curvature;
2. On a curve to the right with a radius of three hundred eighty-five feet (385.00') for an arc
distance of three hundred seventy-six and 38/100 feet (376.38'), [chord bearing North
sixty-three degrees forty minutes seven seconds West (N63°40'07"W) for three hundred
sixty-one and 57/100 feet (361.57'), delta angle of said curve being fifty-six degrees zero
minutes forty-four seconds (56°00'44")] to an iron pin (set);
3. North thirty-five degrees thirty-nine minutes forty-five seconds West (N35°39'45"W) for
one hundred eighty-one and 47/100 feet (181.47') to an iron pin (set) at a point of
curvature;
4. On a curve to the left with a radius of six hundred sixty-five and 00/100 feet (665.00') for
an arc distance of one hundred forty-six and 10/100 feet (146.10'), [chord bearing North
forty-one degrees fifty-seven minutes twenty-three seconds West (N41°57'23"W) for one
hundred forty-five and 81/100 feet (145.81'), delta angle of said curve being twelve
degrees thirty five minutes sixteen seconds (12°35'16")] to an iron pin (found) at the
northwest corner of said City of Elgin land;
thence departing said right-of-way line of College Green Drive and along the lines of the
said City of Elgin land for the following three (3)courses:
7
1999K I 16813
1. South forty-four degrees fifteen minutes thirty-two seconds West (S44°15'32"W)
for two hundred and 00/100 feet(200.00') to an iron pin (found);
•
2. South eighty-eight degrees eight minutes seven seconds West (S88°08'07"W) for
one hundred five and 00/100 feet(105.00') to an iron pin (set);
3. North forty-six degrees fifty-one minutes fifty-three seconds West
(N46°51'53"W) for nineteen and 74/100 feet (19.74') to the TRUE POINT OF
BEGINNING of the herein described easement;
thence continuing along the lines of said City of Elgin land for the following three (3)
courses:
1. North forty-six degrees fifty-one minutes fifty-three seconds West
(N46°51'53"W) for eighty-five and 26/100 feet (85.26');
2. North one degree fifty-one minutes fifty-three seconds West (N01°51'53"W) for
one hundred three and 00/100 feet (103.00');
3. North forty-four degrees fifteen minutes thirty-two seconds East (N44°15'32"E)
for forty-five and 25/100 feet (45.25');
thence over said City of Elgin land for the following three (3) courses:
1. South nine degrees twenty-one minutes twelve seconds West (S9°21'12"W) for
forty-nine and 63/100 feet (49.63') to a point of curvature;
2. On a curve to the left with a radius of one hundred thirty and 00/100 feet
(130.00') for an arc distance of seventy-seven and 35/100 feet (77.35'), [chord
bearing South seven degrees forty-one minutes twenty-nine seconds East
(07°41'29"E) for seventy-six and 21/100 feet (76.21'), delta angle of said curve
being thirty-four degrees five minutes twenty-three seconds (34°05'23")] to a
point of tangency;
3. South twenty-four degrees forty-four minutes eleven seconds East (S24°44'11"E)
for seventy-six and 13/100 feet (76.13') to the TRUE POINT OF BEGINNING.
1999I168I3
/ OF E4C,
1 City of Elgin Agenda Item No.
November 5, 1999
TO: Mayor and Members of the City Council
FROM: Joyce A. Parker, City Manager
SUBJECT: Granting of Non-exclusive
Access Easement to Meijer Store
PURPOSE
The purpose of this memorandum is to provide the Mayor and members
of the City Council with information to consider granting a non-
exclusive access easement for the Meijer Store, allowing
construction of an access road across a portion of the Randall Road
Water Tower.
BACKGROUND
As part of the physical constraints concerning the construction of
the Meijer Store along South Randall Road, the development required
additional space for the installation of an access road along
College Green Drive. To make this entrance road feasible the Water
Department is in agreement to accept the non-exclusive access
easement which provides additional room for the entry road.
Granting this easement does not impact Water Department operations
as far as maintenance or repairs to the 1 million gallon elevated
tower on this site .
This easement is for 1. 35 acres, as shown on the attached print .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
FINANCIAL IMPACT
There is no charge to Meijer for this easement by the City. They
will, however, pay for recording fees .
mil/LEGAL IMPACT
None .
ALTERNATIVES
None .
`. Granting of Non-exclusive Access Easement/Meijer
November 5, 1999
Page 2
RECOMMENDATION
It is recommended that the City Council approve granting the access
easement as requested to Meijer Store No. 183 in Elgin, Illinois .
Res.ectfully submitted,
44/
Jo ' e A. Parker
City Manager
LED:mg
--gill) "'") '-'11) .
•
CURVE TABLE �T
CHORD CHORD i `'
CURVE LENGTH RADIUS DELTA LENGTH BEARING
Cl 77.35' 130.00' 34'0573' 76.21' 50711'29.E
UNE TABLE COQ
UNE LENGTH BEARING F
11 65.26' N46'51'53'W r'F
L2 103.00' NO1'51'53'WQ
13 45.25' H44'15'32-EW \ C/r�F
L4 49.63' S09'21'12' �
,
15 76.13' S24'44'11"E P.O.B.
. — . /13" _. . — .Q — . . — . . — . SECTION— . SECTION ?1� L4 CITY OF ELGIN N �/`
DOC. NO. 921(32924 \ 28
Ay
O..1215.16. In LA
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LCH=N 0' 1N
ACCESS EASEMENT AREA / LCH41'S7'2rW
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IN 544'15.32"W q� C' Co O°
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$c �`': 1 o
1 N46'51'53'W e
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LOT 1 ' o
a 19.74' WOODBRIDGE NORTH COMMERCIAL SUBDIVISION '3• D I�
ch DOC. NO. per.
•V
Ci 8.56'00'44" V'
Z •
MST OF ACCESS EASEMENT. AREA • R=385.00' I
LFOR
LCH=N63'40'07"W
MEIJER REALTY CO. 261.57' •
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a SECTION 21 &28, TOWNSHIP 41 NORTH, RANGE 8 EAST
o OF THE THIRD PRINCIPAL MERIDIAN '\
oo CITY OF ELGIN, KANE COUNTY, ILLINOIS \
W
ko(NI 409 EMONUMENT AVE 0 100 200 300 400 -- _ V. _
DES PFM CONTRACT =I In 111111111111101111111111111 IIIINNININNIINNII
Lc DAYTON, OHIO 45402Ln DRT EKG 55624 NO. In NM SIERRA RIDGE CONDOMINIUMS
i.t13 937.461.5680w r DOC NO 98K1141
hawFAX 937.461.0743 CKD PFM DATE JUNE 4, 1999 SCALE: 1 =100
WOOIPERT LIP SHEET 1 OF 1
GRAPHIC SCALE IN FEET 188. 119'31-W
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