09-92E Recorded Easement Resolution No. 09-92
RESOLUTION
AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH
OTTER CREEK, L.L.C. FOR DEVELOPMENT OF
A BURLINGTON COAT FACTORY STORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Ed Schock,Mayor,and Diane Robertson,City Clerk,be and are hereby authorized and directed to
execute a Development Agreement on behalf of the City of Elgin with Otter Creek, L.L.C. for
development of a Burlington Coat Factory Store at the Otter Creek Shopping Center,a copy of which
is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: April 8, 2009
Adopted: April 8,2009
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson,City Clerk
•
`;fit OF f�C'
ti City of Elgin Memorandum
? T£DFo
To: Jennifer Quinton, Deputy Clerk
From: Mary Giffort, Legal Secretary/Paralegal
Subject: Resolution No. 09-92 Adopted at the April 8, 2009 Council Meeting regarding
Otter Creek LLC Development of a Burlington Coat Factory Store
Attached find for the city clerk's files one originally executed copy of the agreement between the city
and Otter Creek,L.L.C. The recorded easement agreements are attached as exhibits to the incentive
agreement.
mg
Attachment
111111111111
This Instrument Prepared
by and Return After
Recording to: 20043K042700
Christopher J. Beck SANDY WEGMAN
City of Elgin RECORUER - KANE COUNTY. IL
Legal Department RECGRDED: 6/8/2009 1e:08 AM
/`f 150 Dexter Court ;EC FEE: 49,00
«<///"` Elgin IL 60120-5555 PAGES: 10
MAP ATTACHED
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT made and entered into this day of
(40/14-/e-- , 2009, by and between the City of Elgin, an Illinois municipal corporation,
(hereinafter referred to as the "City"), and Otter Creek, LLC, an Illinois limited liability company,
(hereinafter referred to as the "Grantor").
WITNESSETH
WHEREAS, Grantor owns the real property depicted on Exhibit A, attached hereto
and incorporated herein by this reference,commonly known as 200-268 South Randall Road,Elgin,
Illinois,and having Permanent Index Number 06-20-227-001 (hereinafter referred to as the"Subject
Property"); and,
WHEREAS,the City desires to obtain a permanent easement from the Grantor for the
purposes of constructing, maintaining, operating and repairing a sewer line over that portion of the
Subject Property depicted by the area designated "Sanitary Sewer Easement" on Exhibit A and
legally described on Exhibit B, attached hereto and incorporated herein by this reference(hereinafter
referred to as the "Easement Premises"); and,
WHEREAS, the City further desires to obtain a temporary construction easement
from the Grantor for the purposes of constructing said sewer line over that portion of the Subject
Property depicted by the areas designated "Temporary Construction Easement" on Exhibit A and
legally described on Exhibit C,attached hereto and incorporated herein by this reference(hereinafter
referred to as the "Temporary Construction Easement Premises"); and,
- 1 -
1
WHEREAS,Grantor has agreed to grant such easements to the City for such purposes
and pursuant to the terms and conditions of this Easement Agreement.
NOW, THEREFORE, for and in consideration of Eighty Thousand Dollars
($80,000.00) in hand paid to Grantor, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. That Grantor being the owner of the Subject Property,does hereby grant to the
City a permanent and exclusive easement for the construction, installation,maintenance,operation
and repair of a sewer line, along with any appurtenances or facilities related thereto, within, over,
under, along, across and through the Easement Premises.
2. That Grantor does hereby further grant to the City a temporary construction
easement allowing access over,within,under, along, across and through, and use of the Temporary
Construction Easement Premises for the purpose of constructing,installing,maintaining,operating
or repairing said sewer line under and through the above-described Easement Premises. The
temporary construction easement hereby granted shall be deemed terminated after the thirty-six(36)
month period following the commencement of construction within the Easement Premises.
3. That following the exercise by the City of any easement rights granted herein,
the City shall promptly repair and restore the Easement Premises and the Temporary Construction
Easement Premises to the same condition as existed immediately prior to the existence of such rights
as is reasonably practicable and shall leave the Easement Premises and the Temporary Construction
Easement Premises and surrounding premises free from debris.
4. That the City for itself,its agents and independent contractors,hereby agrees to
indemnify and hold Grantor and its successors harmless from third party claims for personal injuries
or property damage arising directly as a result of the City's work in the Easement Premises and the
Temporary Construction Easement Premises during construction or during any subsequent
maintenance or repair thereof. The City further agrees to indemnify and hold harmless Grantor from
any and all liens placed against the Easement Premises or the Temporary Construction Easement
Premises arising from said construction activities.
- 2 -
5. That the Grantor and its successors shall not construct any structures or
buildings nor plant any trees on the Easement Premises nor undertake any other activities on the
Easement Premises which unreasonably interfere with the City's intended use of the Easement
Premises.
6. That no amendment,revision or modification hereof shall be effective unless it
is in writing and signed by all parties hereto.
7. That this agreement constitutes the entire agreement between the parties and is
intended as a complete and exclusive statement of the terms of the parties agreement, and it
supersedes all prior and concurrent promises,representations,proposals,negotiations, discussions
and agreements that may have been made in connection with the subject matter hereof
8. That this agreement shall be governed by and construed in accordance with the
laws of the State of Illinois.
9. That the City may utilize the services of third party contractors, employees or
other agents to perform work in either the Easement Premises or the Temporary Construction
Easement Premises.
10. That Grantor hereby represents and warrants to the City that it is the fee simple
title holder of the Easement Premises and the Temporary Construction Easement Premises and that it
has the full power and authority to enter into and make the grant of easement as provided herein.
11. That this agreement shall be binding on the parties hereto,their successors and
permitted assigns and shall run with the land.
12. That this agreement shall be recorded by the City at the City's cost with the
Kane County Recorder.
- 3 -
IN WITNESS WHEREOF,the parties have entered into and executed this Easement
Agreement on the date and year first written above.
CITY OF ELGIN OTTER CREEK, LLC
r
By: ow- � � l� By.
Mayor S-Eelios I�0-i1
Attest: �.� .,ti� Its:
City Clerk
Attest:
F:\Legal Dept\Agreement\Easement-Allied District-Lot 11-Otter Creek Incentive Agr.doc
- 4 -
STATE OF ILLINOIS )
) SS.
COUNTY OF KANE )
I,the undersigned, a Notary Public,in and for said County,in the State aforesaid,do
hereby certify that Ed Schock,Mayor, and Diane Robertson,City Clerk,personally known to me to
be the same persons whose names are subscribed to the foregoing instrument, appeared before me
this day in person and acknowledged that they signed and delivered the said instrument as their free
and voluntary act for the uses and purposes therein set forth.
Given under my hand an official seal, this ' ' day of April, 2009.
/ .I�►` 441--)
Nota Puri i
"OFFICIAL SEAL"
MARY titFFORT
STATE OF ILLINOIS ) Notary Pubtu:,state of Illinois
) SS. % My Commission Expires 0611312012
COUNTY OF KANE )
I,the undersigned, a Notary Public,in and for said County,in the State aforesaid,do
hereby certify that Stelios Aktipis is personally known to me to be the same person whose name is
subscribed to the foregoing instrument,appeared before me this day in person and acknowledged that
he signed and delivered the said instrument as his free and voluntary act of the uses and purposes
therein set forth. �,v
Given under my hand an official seal, this o?5 day of March, 2009.
0.e A- 4d.�_
Notary Pu;'ic 1/�
"OFFICIAL SEAL"
MARY GWFFORT
Public,state of Illinois
My Commission Expires 0611312012
- 5 -
EXHIBIT A
Plat of Easement,prepared by Barrington Engineering Consultants,Ltd., last revised September 12,
2007, to be inserted.
- 6 -
PLAT OF EASEMENT
N
*.-
TEMPORARY CONtiRUCTON FAtBBIf
IHAT EN.MEN2M.l.n.lon.IO.EwA..v..w Scale 1"=100'
OF PORT E.EEDIMEE."WAIVE OP S.eMN MAW oMFamwr
• Of SECTION 1T,MET CET.1101011YET aA.W.x4 acnW MNO
vs.elwM.ALL NTONErN NORTH.
▪ W 10 M 711111 N.CML u.Ewl.,.9p171110 N,0110411
EEM•MAtMTIC."xp.IW1.LY CEMI OP EO,m 11;114 211 1N
1.1 DEMME OE il*E0191,611BECOMOS WEST Nw0111CRIM LEE OF MO LOT 11,
TMMT:THEME EOM III OEM=ETIMETE MEWIO.MST*1.141 NIT:
.SOUTH MEREN rNTr411 S.DOA.9f.NM FEET TGAP2W
ON M f OT,N IIE Cr M.1 LOT t,Mo npnT®q o MIME"WESMEN.v M
WWI.A.rtMEE Of MID LOT:THENCE EM.E OLOREIN m MUTES tT
Ec4ME UST ALCM WO BOUm LM OF LOI,t.T.OIEO:VOCE NOO.M
DEEINEEBOI EaUMMA.McGLE.MST WPM iEET:n413112.wn.1..7111 po wn®oasmw METWYFE�TTOAPNTOMT DERRY LEE MI
1.0,11 MID EON!MMUS,FUT 4011 .I....M BOOS MST COKE.
MOON M.t IS NORTH IDT11 1171E PONT OF 3"+x01•10 NM an
OF▪EWES RA.E COWIN%WWII
MTITARA SEWER EMMET
TAT MIT OF LM II N O.SHE IIIERMOTI OwO01 ENO AMMO. N.N mOEirt1E11O
OF MO OE TWEED...EST GLOWER OF MEIN m.o.o M Sort.. 4p0 aA'sMOOf
DOWER Of MNO EETCIA.TERO.610Vm,µLN T OSFMM NO4M W 0141 1410E
NOW..Mm 6 MME MOM ARMY,O9E®ASMID L 41.171111
CO.p10EATMYCSTNOIMFNIRT GOUT Of M11 Lm E:THENCE
LM1MC
.111S1rr M &EOM.SoCaa OI
MARES
M.EmY4ET•.E MEL EBICL SOUTH III Cem.E M ROME.M
mfipMWT MIA PI,TOM EOM a 01101E•N WI1E•ROOM
4ETEOM MT TO A PONT GL1MSGLTM UMW WM 10111.MEPONT ]dY SYWNpdT.E..P
.I.E01IOTWUl..MSOIrt16V1E114VM.TMM.tOT 11:RM. " R - :'.1Coy�.Nd.allwy �`
SEEN aReam a ammo 12110.611 M116GLMM S2ML.E WSW
LOT II. TIOEE.GL71na2M.sN...nENec.NDEEAm ' 6 &
PE.TEEA'F110MI m1EEOH.E11.WEEME.mg4E1 M EI
mwn"..1EOq EAm NMT8T10A "-""rM 1111114111111111m‘'M WETLMQM.IOf,t,71E12 MPW11MOlGLQLE WNIN
SE EEO.TTafpe.EETroM PONT OF!WNW.N THE COY v EON.
'6. �'C�oG
.NE COUm,ELM �E.M..�E
1 T
NN1rM. ,A .1.9.1E /O 4.
0 b N„�. No0
el
al
F IV•
\.) ....
SpIM1EE CA MSE fN OF-. - _ INEOFM E4 wOF SECTION tS-N-S
T -
N4W.uEWM1EWR _ .4111— WNM.ntNOPf.CTIOII St-411.5•
1 DEC •OMEN6 IN I1
A T O ,, I
OMER AWED.. - 0ROVERTEE 0)44,
Q -0000
R
0
k A • NaTarLr.
.*O '
V
3� 4 I '.'a G
t
. _"EA+1rw Aa
a 11 i-1"11 onD i v N. ErL m M
•
Ma r
ET 1wEn.01110eECTLULxmS. .MCN L
Cn
i WemE000.In osnaw
I uw8 ESTEEM 41 J
uu.O EL.AEEI.MT
j Lv I <
OWNER DAYTON H.100011 CORPORA• IW _
�, E.MmamwM 1 <
cc
, azc.wcnsr110$
■
Erwcw.NYnMa
1 m
■
i "Ak‘ill
r
''."........113, 4-.„.„.. g�
a I f PLAT OF EASEMENT
�.+° ,s
mATED. ----___--
° munry 1 -* I
_ . t %S qM MPMTPE'�TIE FLU .m SOUTH —� �1 Baster & Weodttnan
nCOIENCT Two W03u4m. L.wE.1 cmY mar.
�� mamma woman mEETw im r _.M'3M-0a..0=1
�g8 C."' A_,.E6 m / �/i_ 'Nn e Mc.H,a.,M..t..,,.os
sg ate° { EN.IOE
DRAM.AEll
%4 gg 11.11101010. LIMETOR GLNGL®E:AE
oo•gg w •
PEOFHLOML LIMN RIE EELWTE.,.MAID ufE1H COMM E-M-1010' ....W.w
heiLT.:N*1a
dga; GLMW:GL.r4N 030681
EXHIBIT B
SANITARY SEWER EASEMENT
THAT PART OF LOT 11 IN DARLENE MCDERMOTT SUBDIVISION BEING A
SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 16,PART OF THE
SOUTHEAST QUARTER OF SECTION 17, PART OF THE NORTHEAST QUARTER OF
SECTION 20 AND PART OF THE NORTHWEST QUARTER OF SECTION 21, ALL IN
TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHEASTERLY CORNER
OF SAID LOT 11;THENCE SOUTH 15 DEGREES 27 MINUTES 55 SECONDS EAST ALONG
THE EAST LINE OF SAID LOT 11, 85.21 FEET TO THE POINT OF BEGINNING; THENCE
SOUTH 31 DEGREES 07 MINUTES 49 SECONDS WEST, 48.74 FEET; THENCE SOUTH 15
DEGREES 27 MINUTES 29 SECONDS EAST,293.49 FEET;THENCE SOUTH 08 DEGREES 01
MINUTES 41 SECONDS WEST, 1004.96 FEET TO A POINT ON THE SOUTH LINE OF SAID
LOT 11, SAID POINT BEING 67.35 FEET WEST OF THE SOUTHEASTERLY CORNER OF
SAID LOT 11;THENCE SOUTH 82 DEGREES 07 MINUTES 12 SECONDS EAST ALONG THE
SOUTH LINE OF SAID LOT 11,25.00 FEET;THENCE NORTH 08 DEGREES 01 MINUTES 41
SECONDS EAST 1,010.09 FEET;THENCE NORTH 15 DEGREES 27 MINUTES 29 SECONDS
WEST,294.81 FEET;THENCE NORTH 31 DEGREES 07 MINUTES 49 SECONDS EAST, 14.33
FEET TO A POINT ON THE EAST LINE OF SAID LOT 11;THENCE NORTH 15 DEGREES 27
MINUTES 55 SECONDS WEST, 27.53 FEET TO THE POINT OF BEGINNING, IN THE CITY
OF ELGIN, KANE COUNTY, ILLINOIS.
- 7 -
•
EXHIBIT C
TEMPORARY CONSTRUCTION EASEMENT
THAT PART OF LOT 11 IN DARLENE MCDERMOTT SUBDIVISION BEING A
SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF SECTION 16,PART OF THE
SOUTHEAST QUARTER OF SECTION 17, PART OF THE NORTHEAST QUARTER OF
SECTION 20 AND PART OF THE NORTHWEST QUARTER OF SECTION 21, ALL IN
TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF
SAID LOT 11; THENCE NORTH 82 DEGREES 08 MINUTES 49 SECONDS WEST ALONG
THE NORTH LINE OF SAID LOT 11, 71.21 FEET; THENCE SOUTH 15 DEGREES 27
MINUTES 29 SECONDS EAST,434.14 FEET;THENCE SOUTH 08 DEGREES 01 MINUTES 41
SECONDS WEST, 998.80 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 11, SAID
POINT BEING 97.35 FEET WESTERLY OF THE SOUTHESAST CORNER OF SAID LOT 11;
THENCE SOUTH 82 DEGREES 07 MINUTES 12 SECONDS EAST ALONG SAID SOUTH
LINE OF LOT 11, 30.00 FEET; THENCE NORTH 08 DEGREES 01 MINUTES 41 SECONDS
EAST, 1004.96 FEET; THENCE NORTH 15 DEGREES 27 MINUTES 29 SECONDS WEST,
293.49 FEET;THENCE NORTH 31 DEGREES 07 MINUTES 49 SECONDS EAST,48.74 FEET
TO A POINT ON THE EASTERLY LINE OF SAID LOT 11, SAID POINT BEING 85.21 FEET
FROM THE MOST NORTHEASTERLY CORNER OF SAID LOT 11; THENCE NORTH 15
DEGREES 27 MINUTES 55 SECONDS WEST ALONG SAID EASTERLY LINE OF LOT 11,
85.21 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS.
- 8 -