16-55 Recorded 11111 111
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SariciL( WEGM N
RECORDER - KANE COUNT?, IL
State of Illinois)
County of Kane) RECORDED: 4/21/2016 10:49 AM
City of Elgin ) REC FEE: 53,00
FAGES: 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. 16-55
RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT
AGREEMENT FOR WATER MAIN PURPOSES FROM CHICAGO TITLE LAND TRUST
COMPANY AS SUCCESSOR TRUSTEE TO LASALLE BANK,N.A., AS SUCCESSOR
TRUSTEE TO EXCHANGE NATIONAL BANK OF CHICAGO, AS TRUSTEE UNDER THE
PROVISIONS OF A TRUST AGREEMENT DATED JANUARY 20, 1982,
AND KNOWN AS TRUST NO. 39576
(NESLER ROAD-PERMANENT INDEX NUMBERS: 05-25-126-006 AND 05-25-126-007)
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. °in at the said City in the County and State aforesaid this April 21, 2016.
47
{, Kimberly -wis, City Clerk
41424 '
G K t ly
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"�, r r 1419,,,1. .repared by Return to
Wil :i°' ogley Kimberly Dewis
Corporation Counsel Elgin City Clerk
City of Elgin 150 Dexter Court
150 Dexter Court Elgin, IL 60120
Elgin, IL 60120
Resolution No. 16-55
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT
FOR WATER MAIN PURPOSES FROM CHICAGO TITLE LAND TRUST COMPANY
AS SUCCESSOR TRUSTEE TO LASALLE BANK,N.A., AS SUCCESSOR
TRUSTEE TO EXCHANGE NATIONAL BANK OF CHICAGO,AS TRUSTEE
UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED JANUARY 20, 1982,
AND KNOWN AS TRUST NO. 39576,
(Nesler Road-Permanent Index Numbers: 05-25-126-006 and 05-25-126-007)
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 Chicago Title Land Trust
Company as Successor Trustee to LaSalle Bank,N.A.,as Successor Trustee to Exchange National
Bank of Chicago,as Trustee under the Provisions of a Trust Agreement dated January 20, 1982,and
known as Trust No. 39576, 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
n
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 Exchange National Bank of Chicago, as Trustee under
>:• C I the provisions of a Trust Agreement dated January 20, 1982, and known as Trust No. 39576
n (hereinafter referred to as the "Owner").
WITNESSETH
r . .
WHEREAS, the Owner owns the real property depicted on the plat of easement
prepared by Vanderstappen Surveying& Engineering, Incorporated,dated August 5,2015, revised
November 17, 2015, attached hereto as Exhibit A and incorporated herein by this reference, said
property being located on the east side of Nesler Road north of Bowes Road, Elgin, Illinois, and
having Permanent Index Numbers 05-25-126-006 and 05-25-126-007 (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
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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.
NOW, THEREFORE, for and in consideration of Eighteen Thousand Four
Hundred Dollars($$1 8,400.00) in hand paid to Owner,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, 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 all driveways,
mailboxes, signage, culverts, or additional improvements currently located thereupon to the same
condition as existed immediately prior to the City's exercise of its Easement rights granted herein,
as is reasonably practicable. Said restoration shall include but shall not be limited to restoring the
grass in the Easement Premises and any surrounding areas affected by any work performed therein
to the same condition as existed immediately prior to the City's exercise of its easement rights,
including the restoration of the grade that existed and the installation of any required topsoil,grass
seed mixture or sod and erosion control. At all times the City and its contractors shall leave the
Easement Premises and surrounding premises free from debris. The City shall not replace or repair
any trees within the Easement Premises,that were removed and/or damaged by the City's work in
the Easement Premises,the parties agreeing that the amount of consideration to the Owner set forth
herein includes the value of any such damage to trees, within the Easement Premises, and further
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agreeing that the Owner shall not be entitled to any additional compensation for the same. The
compensation being paid to Owner is not intended to and shall not include any damage to any
fences, pillars, lighting, or other related structures or utility services located on the Subject
Property immediately adjacent to the Easement Premises (adjacent improvements), and the City
does hereby agree to immediately repair and or replace any and all portions of the adjacent
improvements damaged and/or destroyed at any time as the result of any work being performed
by the City on or in relation to the Easement Premises.
3. That except in the case of an emergency, the City shall provide Owner, or its
designee, and any Tenants in possession of the Subject Property no less than forty eight(48) hour
written notice of any City work in the Easement Premises obstructing the use of or access to the
driveway of the Subject Property, and said obstructions shall be of a duration no to exceed a total
of eight hours, and shall, whenever practicable, be conducted in such a manner to reduce or
eliminate disruption of the use and enjoyment of the Subject Property to the greatest extent
possible.
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 directly 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 City agrees that at any time following the execution of this Easement
Agreement by the parties hereto, if Owner or its successors and assigns request to annex into the
City of Elgin the Owner's Subject Property and to connect to the City's water system, and the City
agrees to such annexation, neither Owner nor its successors and assigns shall be charged a
recapture fee for the water main improvement being constructed by the City within the Easement
Premises. For the purposes of clarification, Owner or its successors and assigns shall be required
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to pay any and all other fees associated with any such annexation and connection to the City's
water system.
6. 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, with the exception of the repair and/or replacement of driveways or other means of
ingress and egress, 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.
7. That no amendment, revision or modification hereof shall be effective unless
it is in writing and signed by all parties hereto.
8. 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.
9. That this Easement Agreement shall be governed by and construed in
accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the
enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County,
Illinois.
10. That the City may utilize the services of third party contractors, employees
or other agents to perform work in the Easement Premises, provided all such third party
contractors, employees or other agents shall be fully insured against any and all loss and shall
agree to abide by and be bound by the terms and conditions of this Easement Agreement.
11. 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
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into and make the grant of easement as provided herein.
12. That this Agreement shall be binding on the parties hereto, their successors
and permitted assigns and shall run with the land.
13. 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.
14. That this Agreement shall be recorded by the City at the City's cost with the
Kane County Recorder.
IN WITNESS WHEREOF, the parties have entered into and executed this Easement
Agreement on the date and year first written above.
CITY OF ELGIN: OWNER: xrw ui Lus°
il
44„14GGC Amix, 41,4., .1.-5
By: efli EXCHANGE NATIONAL BANK OF
Mayor CHICAGO, as Trustee under the provisions
of a Trust Agreement dated January 20, 1982,
41./ifieZkZej and known as Trust No. 39576. owl elof Among",
Attest:idie.
City Clerk
By: �y,.
I PRAY 447 f4-4-r+r
Attest: F t : .
F:\Legal Dept\Agreement\Easement-ExchgeNatl Bank-9N755 Nesler-clean 2-11-16 docx Thy instrument is executed by the pridwsigned Land Trustee,
not personally but solely as Trustee in the exercise of the pow
and authority contend upon and vested in it as such Trustee.
It is ►understood and agreed that all the meek
iadaewties, reprssent*I ens, covenants, undertakings
Moments herein made on the part of the Trustee is
undertaken by it solely in its capacity as Trustee and nit
. No personal rty or personae responsibiCrty f
or shah at aoy time be asserted or veforail4
aping the Trustee on mewl of any warranty,indamwity,
repro:Mati n covenant,undertaking or agreement of the
True in this mstnenent.
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STATE OF ILLINOIS )
) SS.
COUNTY OF K A N E )
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.
A..,��! .- • • - ••e J .1 rot: .eal, this 13* day of ter' 'At , 2016.
r ` •
OFFICIAL SEAL
NOTARY PUBLIC
+r '� ji STATE OF ILLINOIS
N.///' MY COMMISSION EXPIRES Not- y Publi
r* t-•• +`' JANUARY 10,2020
STATE OF ILLINOIS )
) SS.
NI
COUNTY OF ,,eZzgige___)
I, the undersigned, a Notary Public, in and for said County, in the State foresaid,
r' ».fix ., , fir; i�U .i t;ii of xchange
I do hereby certify that r
t, % n National Bank of Chicago, personally known to me to be the same person whose name is
t. :
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 ofltxchange National Bank of Chicago, for the uses and purposes therein set
forth.
Given under my hand an official seal, this /.6?- day of , j-/ , 2016.
•
• "OFFICIAL SEAL" •
•
• EVA ti H!Gl • Notary P
•
o O n,of bI?o StF of Illinois •
Cc7r-.:csin E:pir cs 04126119
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EXHIBIT A
Plat of Easement, prepared by Vanderstappen Surveying & Engineering, Incorporated, dated
August 5, 2015, revised November 17, 2015
- 7 -
EXHIBIT A—EXCHANGE. NATIONAL BANK OF CHICAGO, AS
TRUSTEE
l '' PLAT OF EASEMENT
.._
‘,.,„,,,,„,,,,,,anc..„,,, Pert of the East He,f c't the Northv,ee't Cluarter of Section 25,EASEMENT
41
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- ' Norf.", Ror,ge 7 East of Ihe Third Principal Yer,aOm, be ln9 described os.
1,q Tv:awl!.,ilre:por.V1C11
.‘,.. . fOHCWS: Begiashg at the Northwest comer of Tlmher tone 8-00;visoo,
being a sabdwision of port of the said ;Lost Half of the Northwest Cuarter,
accordlog to the plot thereof recorded November 16, 1965 as Document
No 1058422, thence "qcyth 68 decrees 07 minutes 15 seconds East slang
the North line thereof, 31 1; feet; thence Haiti 00 degrees 55 minutes 03
seconds West. 539.96 feet to he North ,ine of the !ands deer'nea in
Document No. 1598249; thence 'South 88 degrees 33 minutes 26 seconds
West along sold North Ene, 24.52 feet to the Northwest corner thereof,
thence South 03 degrees 13 m1:flutes 38 seconds East along tne West lihe
of the sc,ri East Hot of the Northwest (...1,,,arter, a rf stance of 54329 feet
to the Place of BecEneMg. in Kole Courty, l iinois
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11/17/15 EASEMENT RCASED - APG
STATE OF ILLINOIS I
or, o too .1.ao ) S.S.
ni1"1.;.1111r------ COUNTY OF licftENRY1
SCAi= 1' = 100' I hereby state that we have platted the premises
above described, and that,the plat hereon Is a true
representation of said description,
CLiENT:IOFNS&,DcOONNEI i This is not a Boundary Surrey
DRAWN BY,APO CWICKKO BY,N.v.„„,.„._ Dated at Woe/We've,
(i) SCALE,1.....71101____SEC.L1,115 T._,41 C._2 E. Mcileary County, titans.. 615, .AD., a 1.11?.
N- BASIS OF BlbtittNO;AStiaiED
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A-, JOB NO.:119.5./a-r--.---....._I.D.:KA
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FIELDWORK COMP., BK._Sc.____
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Illinois Professional Land Suritty-cdt..Nn,-;iniiii
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