16-52 Recorded i11
:2011161-1018764
SANDY WEGF1i.t-4
State of Illinois) RECORDER - K.ANE COUNT?, IL
County of Kane) RECORDED: 4/21/2016 10:49 AM
City of Elgin ) REC FEE: 53.00
PAGES: 10
MAP ATTACHED Recording Information
CERTIFICATE OF CITY CLERK
I, Kimberly Dewis, DO HEREBY CERTIFY that I am the duly qualified City Clerk of
the City of Elgin, in the Counties of Kane and Cook in the State of 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:
RESOLUTION NO. 16-52
RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF
A WATER SERVICE SHUTOFF BOX ACCESS EASEMENT AGREEMENT
FROM CENTRAL PARK TOWERS, LP FOR
ACCESSING WATER SHUTOFF VALVES (130 S. STATE STREET)
adopted by the Elgin City Council at its legally convened meeting held on April 13, 2016.
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 April 21, 2016.
„N RBC tjl�- ti
45•P 1 °4(
' " gib Kimberly Dewis, City Clerk
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This ms ent prepared by: Return to:
William A. Cogley Kimberly Dewis
Corporation Counsel Elgin City Clerk
City of Elgin 150 Dexter Court
150 Dexter Court Elgin, IL 60120
Elgin, IL 60120
1.2/
Resolution No. 16-52
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A WATER SERVICE SHUTOFF
BOX ACCESS EASEMENT AGREEMENT FROM CENTRAL PARK TOWERS,LP
FOR ACCESSING WATER SHUTOFF VALVES
(130 S. State Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and
directed to execute a water service shutoff box access easement agreement from Central Park
Towers, LP for accessing water shutoff valves, for the property legally described on Exhibit A, a
copy of which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause
the easement agreement to be recorded in the office of the Recorder of Deeds of Kane County,
Illinois.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: April 13,2016
Adopted: April 13, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
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When recorded return to:
City of Elgin
Attention: City Clerk
150 Dexter Court
Elgin,Illinois 60120
ACCESS EASEMENT- WATER SERVICE SHUT-OFF BOX
This Water Service Shutoff Box Access Easement (the "Easement Agreement") is made
as of the 13th day of April , 201 6 by and between the Central Park Towers,
LP, an Illinois limited partnership, its successors and assigns (the "Owner") and the City of
Elgin, an Illinois municipal corporation, its successors and assigns (the"City").
RECITALS
WHEREAS, Owner is the fee owner of certain real property situated in Elgin, Illinois,
being more particularly described and depicted on Exhibit A attached hereto (the"Site");
WHEREAS, from time to time, the City may need to access the Site in order to turn off
the water valves which lie on that portion of the Site depicted on Exhibit B (the "Easement
Area");
WHEREAS, the Owner will grant the City access to the Site expressly for the purpose of
accessing the water shutoff valves which lie in the Easement Area, as provided for herein.
NOW THEREFORE, for One Dollar($1.00) and other valuable consideration, the receipt
of which is herewith acknowledged,the parties agree as follows:
1. Grant of Easement. In accordance with and subject to the terms and conditions
of this Easement Agreement, the Owner hereby gives, grants, dedicates and declares to and for
the benefit of the City,the following non-exclusive permanent rights,privileges and easements:
(a) for ingress and egress over, in across, along under and upon the Easement
Area which runs along the fire lane (as depicted on Exhibit B) at all reasonable times as
necessary in order to access the water shutoff boxes with such personnel and equipment required
to perform the work in the Easement Area.
2. Improvement,Maintenance and Use of the Easement Area.
(a) Improvements and Maintenance. The Owner shall keep the Easement Area
free of any obstructions, structures or trees which may impede the City's access to the water
shutoff boxes lying in the Easement Area. The aforementioned notwithstanding,the Owner may
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maintain any existing landscaping and install any additional landscaping or improvements in the
Easement Area, provided the landscaping and improvements do not impede the City's reasonable
access to the Easement Area and the City approves such improvements.
(b) Minimize Damage. The City shall use all reasonable efforts so as not to
damage or disrupt the landscaping or other improvements which exist in the Easement Area and
to minimize any destruction to or obstructions which result from the City's access to the
Easement Area. If fences, trees, shrubs, bushes, roots or other plantings interfere with the City's
access to the water shutoff boxes, the City may remove, cut down or trim, as applicable, such
obstructions, but only to the extent necessary to access such water shutoff boxes. The City shall
not be responsible for the replacement or repair of any such fences, trees, shrubs, bushes, roots,
plantings or other improvements located within the easement premises removed during the
exercise of the herein given rights. Replacement and/or repair of said items shall be the
responsibility of the then property owner.
3. Non-Interference with Owner's Rights. The Owner shall have the right to use,
occupy and enjoy the Easement Area for any lawful purpose(including the granting of additional
easements and the installation of additional utilities) which is not expressly prohibited herein or
which does not unreasonably interfere with the safe or proper use of the Easement Area by the
City.
4. Notices. To the greatest extent feasible, the City shall notify the Owner prior to
entering onto the Easement Area and will coordinate its access with Owner. All notices required
under this Easement Agreement shall be provided as follows:
If to Owner: Central Park Towers, LP
c/o CPT GP, INC.
120 S. State Street
Elgin, IL 60123
Attn: Damon E. Duncan, President
dduncan@haelgin.org
(847)608-4401
If to the City: Cityof Elgin
150 Dexter Court
Elgin, Illinois 60120
Attn: City Clerk
Email: dewis_k @cityofelgin.org
Phone Number: (847) 931-5661
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IN WITNESS WHEREOF, each of the parties herein has executed and delivered this
instrument,by its duly authorized officer,to the other this day and year first above written.
CENTRAL PARK TOWERS, LP
By: CPT GP, INC.
Its: General Partner
tt (
By:
Damon Duncan, President
STATE OF ILLINOIS )
) SS
COUNTY OF KANE )
I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify
that V1 jcj.". CaLnCAy' , personally known to me to be the person
whose name is subscribed to the foregoing, appeared before me this day in person and
acknowledged the execution of the restrictive covenant and accompanying instruments for the
uses and purposes therein set forth as his/her or their free and voluntary act.
Given under my hand and Notarial Seal this at day of , 2013.
(Not.) Pu ic)
JENNIFER MIR t• Q, OFFICIAL SEAL My Commission Expires
XI7
Notary Public,State of Illinois
r a My Commission Expires
June 11,2017
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CITY OF ELGIN,an Illinois municipal corporation
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By:
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Name: David J. Kaptain
Its: 0 Mayor
4)40 C(14/(5b11.1>
STATE OF ILLINOIS )
) SS
COUNTY OF KANE )
I, the undersigned, a Notary Public in and for the Count and State aforesaid, do hereby certify
that David J. Kaptain, Mayor, and ,Kimber„l�}�s al `'mown - me g6kbe the person
whose name is subscribed to the foregoing, appeared before me this day in person and
acknowledged the execution of the restrictive covenant and accompanying instruments for the
uses and purposes therein set forth as his/her or their free and voluntary act.
Given under my hand and Notarial Seal this l3'day of NriA , 201(0.
;‘,„:.'s,,,, JENOFFR A J L QUEAL TON _ ,
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•'-1t • '1 Otary ' . olio)" NOTARY PUBLIC
`w ' STATE OF ILLINOIS
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JANUARY I10,2020 RES My Commission Expires otbakb C.
F:\Legal Dept\Agreement\Water ShutOff Access Easement Agr-130 S State-clean 12-18-15.doc
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Exhibit A
Legal Description
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PARCEL ONE:
THAT PART OF LOT 1.1 OF 'WM. .C. KIMBALL'S ADDITION TO ELGIN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT; THENCE
SOUTHEASTERLY ALONG THE EASTERLY LINE OF SAID LOT, 128.04 FEET
FOR THE POINT OF BEGINNING; THENCE SOUTHWESTERLY PARALLEL
WITH THE NORTHERLY LINE OF SAID LOT, 291.06 FEET; THENCE
NORTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID LOT, 128.04
FEET TO THE NORTHERLY LINE OF SAID LOT; THENCE WESTERLY ALONG
SAID NORTHERLY LINE 19.80 FEET; THENCE SOUTHERLY AT RIGHT
ANGLES TO SAID NORTHERLY LINE 128 FEET; THENCE WESTERLY
PARALLEL WITH SAID NORTHERLY LINE 66 FEET; THENCE SOUTHERLY AT
RIGHT ANGLES TO THE LAST DESCRIBED COURSE 91.08 FEET; THENCE
WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 22.50
FEET; THENCE SOUTHERLY AT RIGHT ANGLES TO THE LAST DESCRIBED
COURSE TO THE SOUTHERLY LINE OF SAID LOT; THENCE EASTERLY
ALONG SAID SOUTHERLY LINE TO AN ANGLE IN SAID SOUTHERLY LINE;
THENCE NORTHEASTERLY ALONG SAID SOUTHERLY LINE 76.56 FEET TO A
POINT 291.06 FEET SOUTHWESTERLY FROM THE SOUTHEAST CORNER OF
SAID LOT; THENCE NORTHWESTERLY PARALLEL WITH THE EASTERLY
LINE OF SAID LOT 66 FEET; THENCE NORTHEASTERLY PARALLEL WITH
THE SOUTHEASTERLY LINE OF SAID LOT, 291.06 FEET TO THE EASTERLY
LINE THEREOF; THENCE NORTHWESTERLY ALONG SAID EASTERLY LINE
201.96 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE
COUNTY, ILLINOIS.
PARCEL TWO:
THE NORTHERLY 19 FEET OF THE EASTERLY 193.6 FEET OF LOT 10 AND THE
SOUTHERLY 66 FEET OF THE EASTERLY 291.06 FEET OF LOT 11, ALL IN
WILLIAM C. KIMBALL'S ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE
COUNTY, ILLINOIS.
ALSO DESCRIBED AS FOLLOWS:
THAT PART OF LOT 10 AND LOT 11 OF WILLIAM. C. KIMBALL'S ADDITION
TO ELGIN BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 11; THENCE
SOUTH 00 DEGREES 30 MINUTES 22 SECONDS EAST ALONG THE EASTERLY
LINE OF SAID LOT 11, SAID LINE ALSO BEING THE WESTERLY RIGHT-OF-
WAY LINE OF SOUTH STATE STREET, A DISTANCE OF 128.04 FEET TO A LINE
PARALLEL WITH THE NORTH LINE OF SAID LOT 11 AND THE POINT OF
BEGINNING; THENCE SOUTH 89 DEGREES 42 MINUTES 41 SECONDS WEST
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ALONG SAID PARALLEL LINE, A DISTANCE OF 291.06 FEET TO A LINE
PARALLEL WITH THE EASTERLY LINE OF SAID LOT 11; THENCE NORTH 00
DEGREES 30 MINUTES 22 SECONDS WEST ALONG SAID PARALLEL LINE, A
DISTANCE OF 128.04 FEET TO THE NORTHERLY LINE OF SAID LOT 11;
THENCE SOUTH 89 DEGREES 42 MINUTES 41 SECONDS WEST ALONG SAID
NORTHERLY LINE, A DISTANCE OF 19.80 FEET; THENCE SOUTH 00 DEGREES
17 MINUTES 19 SECONDS EAST, A DISTANCE OF 128.00 FEET; THENCE
SOUTH 89 DEGREES 42 MINUTES 41 SECONDS WEST, A DISTANCE OF 66.00
FEET; THENCE SOUTH 00 DEGREES 17 MINUTES 19 SECONDS EAST, A
DISTANCE OF 91.08 FEET; THENCE SOUTH 89 DEGREES 42 MINUTES 41
SECONDS WEST,A DISTANCE OF 22.50 FEET; THENCE SOUTH 00 DEGREES 17
MINUTES 19 SECONDS EAST,A DISTANCE OF 165.20 FEET; THENCE SOUTH
69 DEGREES 33 MINUTES 23 SECONDS EAST, A DISTANCE OF 35.55 FEET TO
THE SOUTHERLY LINE OF SAID LOT 11; THENCE NORTH 89 DEGREES 34
MINUTES 35 SECONDS EAST ALONG SAID SOUTHERLY LINE, A DISTANCE
OF 174.02 FEET TO THE WESTERLY LINE OF THE NORTHERLY 19.0 FEET OF
THE EASTERLY 193.6 FEET OF SAID LOT 10; THENCE SOUTH 00 DEGREES 30
MINUTES 22 SECONDS EAST ALONG SAID WESTERLY LINE, A DISTANCE OF
19.00 FEET TO THE SOUTHERLY LINE OF THE NORTHERLY 19.0 FEET OF THE
EASTERLY 193.6 FEET OF SAID LOT 10; THENCE NORTH 89 DEGREES 34
MINUTES 35 SECONDS EAST ALONG SAID SOUTHERLY LINE,A DISTANCE
OF 193.60 FEET TO THE EASTERLY LINE OF SAID LOT 10, SAID LINE ALSO
BEING THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH STATE STREET;
THENCE NORTH 00 DEGREES 30 MINUTES 22 SECONDS WEST ALONG SAID
WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 286.96 FEET TO THE
POINT OF BEGINNING.
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