16-53 Recorded �II
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:201 ST(O1 76.5
SANDY 1.2.WEGMAt-1
RECORDER - KANE COUNT?, IL
State of Illinois)
County of Kane) RECORDED: 4/21/2016 10:49 Ali
City of Elgin ) REC FEE: 53.00
PAGES: 10
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. 16-53
RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF
AN EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM
AMERICAN TOWER ASSET SUB, LLC
(NESLER ROAD-PERMANENT INDEX NUMBER 05-24-400-026)
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.
is A - 6640-4
' 1 -', Kimberly Dewis, City Clerk
a 1.
! 4
This 1 �. . ._nt prepared by: "N. 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
16
Resolution No. 16-53
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT
FOR WATER MAIN PURPOSES FROM AMERICAN TOWER ASSET SUB, LLC
(Nesler Road-Permanent Index Number 05-24-400-026)
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 an easement agreement for water main purposes from American Tower Asset
Sub,LLC 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
This Instrument Prepared
by and Return After
Recording to:
Christopher J. Beck
City of Elgin
Legal Department
150 Dexter Court
Elgin IL 60120-5555
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT made and entered into this 13th day of
April , 2016, by and between the City of Elgin, an Illinois municipal corporation,
(hereinafter referred to as the "City"), and American Tower Asset Sub, LLC, a Delaware limited
liability company(hereinafter referred to as the "Owner").
WITNESSETH
WHEREAS, the Owner owns the real property depicted on the plat of easement
prepared by Vanderstappen Surveying & Engineering, Incorporated, dated July 22, 2015,
attached hereto as Exhibit A and incorporated herein by this reference, said property being
located on the east side of Nesler Road south of South Street, Elgin, Illinois, and having
Permanent Index Number 05-24-400-026 (hereinafter referred to as the "Subject Property"); and
WHEREAS, the City desires to obtain a permanent easement from the Owner for
the purposes of constructing, maintaining, operating and repairing a water main over that portion
of the Subject Property depicted by the area designated "Water Main Easement" on the above-
referenced Exhibit A, as legally described on said Exhibit A (hereinafter referred to as the
"Easement Premises"); and
WHEREAS, the Owner has agreed to grant such permanent easement to the City
for such purposes and pursuant to the terms and conditions of this Easement Agreement.
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NOW, THEREFORE, for and in consideration of Eight Thousand One Hundred
Dollars ($8,100.00) in hand paid to Owner, and the repair and restoration of the Easement
Premises by the City as hereinafter described, and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. That the Owner does hereby grant to the City and its successors and assigns
a permanent and exclusive easement for the construction, installation, reconstruction,
replacement, alteration, enlargement, relocation, inspection, maintenance, operation, repair,
renewal and removal of a water main, along with any appurtenances or facilities related thereto
(the "City Improvements," herein), within, over, under, along, across and through the Easement
Premises, together with the right of reasonable and necessary ingress and egress to and from the
Easement Premises with such personnel and equipment as may be deemed reasonable and
necessary in connection with the exercise of the rights granted herein.
2. That following the exercise by the City of any easement rights granted
herein, the City shall promptly repair and restore the Easement Premises, including the lawn,
driveway apron and culvert located therein, 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 surrounding premises free from debris. For the purpose of clarification, it is acknowledged
that there currently are not any trees or fencing within the Easement Premises and the City is
therefore not obligated to replace any trees or repair any fencing within the Easement Premises.
3. City agrees the City's use of the Easement Premises shall not interrupt
Owner's daily operation of the tower site on the Subject Property, including but not limited to
access to the site (by foot and vehicle, including trucks) on a 24 hours a day, 7 days a week basis.
In the event any interference is experienced by Owner or any of its lessees, licensees, agents or
contractors, City agrees to remove and resolve the interference within 24 hours of notice.
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4. That the City for itself, its agents and independent contractors, hereby
agrees to indemnify and hold Owner and its successors harmless from any third party claims for
personal injuries or property damage arising as a result of the City's work in the Easement
Premises during construction or during any subsequent maintenance or repair thereof. The City
further agrees to indemnify and hold harmless Owner from any and all liens placed against the
Easement Premises arising from said construction, maintenance, or repair activities.
5. That the Owner and its shall not construct any structures or buildings, nor
plant any trees on the Easement Premises, nor undertake any other activities on the Easement
Premises that unreasonably interfere with the City's intended use of the Easement Premises;
provided, however, that the City may elect to allow fences, trees, or other structures to remain in
the Easement Premises if the City determines that any such fences, trees, or other structures will
not interfere with the City's intended use of the Easement Premises, in the City's sole discretion.
6. That the City will purchase and maintain in full force and effect general
liability and property damage policies. Said policy of general liability insurance will at
minimum provide a combined single limit of$1,000,000.
7. That no amendment, revision or modification hereof shall be effective
unless it is in writing and signed by all parties hereto.
8. All notices must be in writing and shall be valid upon receipt when
delivered by hand, by nationally recognized courier service, or by First Class United States Mail,
certified, return receipt requested to the addresses set forth herein; To City at: City of Elgin, 150
Dexter Court, Elgin, Illinois 60120, Attention: City Clerk, with a copy to: City of Elgin, 150
Dexter Court, Elgin, Illinois 60120, Attention: Corporation Counsel; To Owner at: Attn: Land
Management 10 Presidential Way, Woburn, MA 01801, with copy to: Attn Legal Dept. 116
Huntington Avenue, Boston, MA 02116. Any of the Parties, by thirty (30) days prior written
notice to the others in the manner provided herein, may designate one or more different notice
addresses from those set forth above. Refusal to accept delivery of any notice or the inability to
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deliver any notice because of a changed address for which no notice was given as required
herein, shall be deemed to be receipt of any such notice.
9. That this Easement 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.
10. That this Easement Agreement shall be governed by and construed in
accordance with the laws of the State of Illinois.
11. That the City may utilize the services of third party contractors, employees
or other agents to perform work in the Easement Premises.
12. That the Owner hereby represents and warrants to the City that it is the fee
simple title holder of the Easement Premises and that it has the full power and authority to enter
into and make the grant of easement as provided herein.
13. That this Agreement shall be binding on the parties hereto, their successors
and permitted assigns and shall run with the land.
14. That this Agreement may be executed in multiple counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
15. That this Agreement shall be recorded by the City at the City's cost with the
Kane County Recorder.
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IN WITNESS WHEREOF, the parties have entered into and executed this
Easement Agreement on the date and year first written above.
CITY OF ELGIN: AMERICAN TO SET SUB, LLC
By: /_ ,////�`I //_'", By:
Edwar giv, Jr.
Mayor Senior Counsel, US Tower
Attest: A, . L. i_i ■ Attest: 51 1;... u�w
City Clerk .4ti2Y
F:Legal Dept\Agreement\Easement-American Tower Asset-Nesler-redlined 3-18-2016-WAC.docx
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STATE OF ILLINOIS )
) SS.
COUNTYOFKANE )
I, the undersigned, a Notary Public, in and for said County, in the State aforesaid,
do hereby certify that David Kaptain, Mayor, and Kimberly Dewis, City Clerk, of the City of
Elgin, 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 and as the free and voluntary act
of the City of Elgin, for the uses and purposes therein set forth.
Given under my hand an official seal, this �J� day of k.• '‘\ , 2116.
iialP
.1...1.6,...7 ..ii.c AO, '■
Not.. Pub
,,,,, JENNIFER J QUINTON
,4 s,-'':. OFFICIAL SEAL
. s ,,e; NOTARY PUBLIC
\,r / STATE OF ILLINOIS
N. - I MY COMMISSION EXPIRES
JANUARY 10,2020
STATE OF ( O Y:tat('Sd'S)
) SS.
COUNTY OF
I, the undersigned, a Notary Public, in and for said County, in the State aforesaid,
do hereby certify that S%Qc,yii 1 1. a ci;'o Jr, , CIC 0-6■1-1aI of American
Tower Asset Sub, LLC, 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/her free and voluntary act and as the free and
voluntary act of American Tower Asset Sub, LLC, for the uses and purposes therein set forth.
St /�
Given under my hand an official seal, this_ji ' day of grkil GN , 2016.
I. '• # ei 1 1 fA=2.4.
Notary Public
Z, NICOLE A. KUCHINSKI
N Notary Public
��r COMMONWEALTH OF MASSACHUSETTS
My Commission Expires
March 11. 2022
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EXHIBIT A
Plat of Easement, prepared by Vanderstappen Surveying & Engineering, Incorporated, dated July
22, 2015.
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EXHIBIT A—AMERICAN TOWER ASSET SUB, LLC
ir Sf ' PLAT OF EASEMENT
VandcsuppenSurveying& Port of the East Half of Section 24, Township 41 North, Range 7 Eost of the Third
Ealli .I•orporated Principal Meridian, being described os follows: Beginning at the Southwest corner of
n;6:143 ""."`"1""'"' South Street Subdivision, being a subdivision of part of the said East Half of Section
24, according to the plot thereof recorded June 13, 2005 as Document No.
20051(066185; thence South 57 degrees 34 minutes 09 seconds East along the
Southerly line thereof, 74.21 feet; thence South 42 degrees 25 minutes 51 seconds
West, 14.57 feet; thence South 88 degrees 44 minutes 42 seconds West, 47.32 feet
thence South 43 degrees 16 minutes 00 seconds West, 354.59 feet thence South 42
degrees 38 minutes 55 seconds West along said line, 356.81 feet to the Southwesterly
line of the lands described in Document No. 20081()22218; thence North 52 degrees 57
minutes 34 seconds West along said Southwesterly line, 31.41 feet to the Most Westerly
corner thereof•, thence North 41 degrees 44 minutes 56 seconds East along the
centerline of Neeler Rood, 89.83 feet; thence North 42 degrees 25 minutes 51 seconds
East along said centerline, 658.86 feet to the Place of Beginning in Kane County Illinois.
// /. /
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EXHIBIT A—AMERICAN TOWER ASSET SUB, LLC 1 v