17-116 Recorded 2017KO49609
SANDY WEGMAN
RECORDER - KANE COUNTY, IL
RECORDED: 9/21/2017 1:43 PM
REC FEE: 51.00
PAGES: S
State of Illinois)
County of Kane)
City of Elgin )
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. 17-116
AUTHORIZING EXECUTION OF A GRANT OF EASEMENT FOR
CITY EASEMENT FOR PUBLIC UTILITIES INCLUDING WATERMAIN
FROM WAL-MART REAL ESTATE BUSINESS TRUST
(Elgin Wal-Mart/Sam's Club Subdivision)
adopted by the Elgin City Council at its legally convened meeting held on September 13, 2017,
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 September 21, 2017.
'? = Kimberly De City Clerk
This "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
Resolution No. 17-116
RESOLUTION
AUTHORIZING EXECUTION OF A GRANT OF EASEMENT FOR
CITY EASEMENT FOR PUBLIC UTILITIES INCLUDING WATERMAIN
FROM WAL-MART REAL ESTATE BUSINESS TRUST
(Elgin Wal-Mart/Sam's Club Subdivision)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, be and is hereby authorized and directed to execute a grant of
easement for city easement for public utilities including watermain from Wal-Mart Real Estate
Business Trust for the property legally described on Exhibit B, a copy of which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause the grant of easement to be recorded in the office of the Recorder of Deeds of Kane County,
Illinois.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: September 13, 2017
Adopted: September 13, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
This instrument prepared by
and return recorded document to:
William A. Cogley
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
GRANT OF EASEMENT
This GRANT OF EASEMENT is made and entered into this 13 day of
September 2017, between WAL-MART REAL ESTATE BUSINESS TRUST, a
Delaware statutory trust, with an address of 702 S.W. 8h Street, Bentonville, AR 72716
("Wal-Mart"); and the CITY OF ELGIN, an Illinois municipal corporation (`'City").
WITNESSETH
WHEREAS, Wal-Mart is the owner of a certain tract or parcel of land situated in the
City of Elgin, County of Kane, State of Illinois ("Tract V), identified and more fully described
on Exhibit"A" attached hereto and made a part hereof, and
WHEREAS, City has requested from Wal-Mart, and Wal-Mart is desirous of
granting to City, an exclusive easement as more particularly described herein over and across
that portion of Tract 1 identified as the "City Easement" identified and more fully described on
Exhibit "B" attached hereto and made a part hereof.
NOW THEREFORE, for and in consideration of ten dollars ($10.00) in hand paid,
and other good and valuable consideration the receipt and sufficiency of which is acknowledged,
the parties hereto agree as follows:
1. The Grantor as the owner of Tract 1 legally described on Exhibit "A" and does hereby
grant to the City an exclusive and permanent easement for and granted to the City, and its
successors and assigns for the installation, construction, reconstruction, replacement,
alteration, enlargement, operation, inspection, repair, maintenance, relocation, renewal
and removal of improvements, facilities and appurtenances, including without limitation
any and all manholes, hydrants, pipes, connections and catch basins, to serve these and
other lands with improvements, including but not limited to force mains, sanitary sewers,
storm sewers, storm drainage, water mains, pedestrian walkways, municipal signage and
other municipal or public utility purposes designated by said City, in, across, along, over,
under and upon the area legally described on Exhibit "B" as the "City Easement",
together with the right to install required service connections under the surface of each
adjacent lot to serve improvements thereon; and together with the right to enter upon the
property with such personnel and equipment as may be deemed necessary for all such
uses and purposes.
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2. No obstruction or structure shall be erected or located, nor shall any trees be planted, over
said City Easement, nor shall any other activities be undertaken that unreasonably
interfere with the City's intended use thereof, but the same may be used for landscaping,
fencing, parking or other purposes if approved in writing by the City and if such use does
not then or later interfere with the aforementioned purposes.
3. The right is also hereby granted to the City to remove any fences, buildings or structures
and to cut down, trim or remove any trees, shrubs, bushes, roots or other plantings that
interfere with the operation of or access to such facilities in, on, upon, across, under or
through said City Easement. The City shall not be responsible for the replacement or
repair of any such fences, buildings, structures, trees, turf, gardens, shrubs, landscaping
or other improvements 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.
4. Any other public utilities shall be permitted to cross said City Easement at right angles
thereto if approved in writing by the City and provided that such is done in a manner that
does not then or later unreasonably interfere with the City's intended use of the City
Easement; however no electrical transformers, switching equipment, junction boxes, or
any other such facilities or equipment, shall be erected either above or below ground on
said lands due to such crossings.
5. That Grantor shall not construct any buildings, structures or other physical improvements
on the City Easement nor undertake any other activities which unreasonably interfere
with the City Easement and the City's intended use thereof.
6. That this Grant of Easement shall be recorded by the City at Grantor's cost with the Kane
County Recorder's office.
7. That this Grant of Easement shall be binding on the parties hereto and their respective
successors and assigns and shall run with the land.
8. That this document, and any modifications, may be executed in one or more counterparts,
all parties need not be signatories to the same documents, and all counterpart signed
documents shall be deemed to be an original and one (1) instrument.
[Signature pages follow]
{00340371.DOCX N.21
IN WITNESS WHEREOF, Wal-Mart has executed this Grant of Easement the
1 4) day of . 2017.
(Wal-Mart)
WAL-MART REAL ESTATE
BUSINESS S
By:`
Michael McGhee
[SEAL] Title: Sr. Director Real Estate and Portfolio
I
ACKNOWLEDGMENT
STATE OF ARKANSAS )
H
COUNTY OF BENTON )
On this day of 2017, before me, the undersigned notary public
in and for said County and State, per ally appeared before me Michael McGhee to me
personally known, who, being by me duly sworn, did say that he is Sr. Director Real Estate and
Portfolio Management of Wal-Mart Real Estate Business Trust, and that the seal affixed to the
foregoing instrument is the seal of said trust, and that said instrument was signed, sealed and
delivered by lemon behalf of said trust by authority of its Managing Trustee, and said Michael
McGhee acknowledged said instrument to be the free act and deed of said trust.
WITNESS MY HAND and notarial seal subscribed and affixed in said County and
State, the day and year in this certificate above written.
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(0034037 1.DOCX N.2)
IN WITNESS WHEREOF, the City has executed this Grant of Easement the
13 day of September , 2017.
(City)
CITY OF ELGIN, an Illinois municipal
corAavid
By:
Title: Mayor
ACKNOWLEDGMENT
STATE OF ILLINOIS )
H
COUNTY OF Kane )
On this lday of , 2017, before me, the undersigned notary public
in and for said County and State, personally appeared before me David J. Kaptain to me
personally known, who, being by me duly sworn, did say that he/she is
Mayor of the City of Elgin, an Illinois municipal corporation, and that the
seal, if any, affixed to the foregoing instrument is the corporate seal of said corporation, and that
said instrument was signed, sealed and delivered by him/her on behalf of said corporation by
authority of its City Council, and said David J. Kaptain acknowledged said instrument
to be the free act and deed of said corporation.
WITNESS MY HAND and notarial seal subscribed and affixed in said County and
State, the day and year in this certificate above written.
JENNIFER J QUINTON
rte"' OFFICIAL SEAL
NOTARY PUBLIC
N Lary Public a� STATE OF ILLINOIS
MY COMMISSION EXPIRES
JANUARY 10,2020
My Commission Expires: T ,,a,rc,, 10, `aoao
{00340371.DOCX N.2}
Exhibit "A"
to
Grant of Easement
Legal Description of"Tract 1":
LOT 6 IN ELGIN WAL-MART/SAM'S CLUB SUBDIVISION OF PART OF THE SOUTHWEST 1/4
OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, 2011 AS
DOCUMENT 2011 K73547, IN KANE COUNTY, ILLINOIS.
Property Identification Number: 06-28-300-010
{00340371.DOCX N.2}
Exhibit "B"
to
Grant of Easement
Legal Description of"City Easement":
THAT PART OF LOT 6 OF ELGIN WAL-MART/SAM'S CLUB SUBDIVISION, BEING
PART OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 41 NORTH,
RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED DECEMBER 6, 2011 AS DOCUMENT NUMBER 2011K073547 IN
KANE COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF THE RESUBDIVISION OF
LOT 2 OF THE ELGIN WAL-MART/SAM'S CLUB SUBDIVISION ACCORDING TO THE
PLAT THEREOF RECORDED AUGUST 30, 2016 AS DOCUMENT NUMBER 2016K046039
IN KANE COUNTY, ILLINOIS, SAID POINT ALSO BEING ON THE EAST LINE OF SAID
LOT 6 OF THE ELGIN WAL-MART/SAM'S CLUB SUBDIVISION; THENCE SOI°04'22"E
10.50 FEET ALONG SAID EAST LINE OF LOT 6; THENCE S89°00'15"W 8.81 FEET;
THENCE N00 059'45"W 9.96 FEET; THENCE N44°00'15"E 12.42 FEET TO THE SAID
EAST LINE OF LOT 6 AND THE WEST LINE OF LOT 2 OF SAID RESUBDIVISION;
THENCE S01 004'22"E 8.25 FEET ALONG SAID EAST LINE OF SAID LOT 6 AND THE
SAID WEST LINE OF SAID LOT 2 TO THE POINT OF BEGINNING, CONTAINING 126.4
SQUARE FEET MORE OR LESS, ALL IN KANE COUNTY, ILLINOIS.
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