17-18 Resolution No. 17-18
RESOLUTION
AUTHORIZING EXECUTION OF AN AT&T GENERAL EASEMENT
WITH ILLINOIS BELL TELEPHONE COMPANY DBA AT&T ILLINOIS
FOR UTILITY PURPOSES
(70 N. 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 an AT&T General Easement with Illinois Bell Telephone Company dba AT&T
Illinois for an easement for utility purposes for the property legally described on Exhibit A,a copy of
which is attached hereto.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: February 8, 2017
Adopted: February 8, 2017
Vote: Yeas: 7 Nays: 0 Abstain: 1
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
COUNTY: Kane
TWP: 41N
RANGE: 8E
SECTION: 14(NE)
Easement No. 76926
Project No. A00EJ5W
AT&T GENERAL EASEMENT
For good and valuable considerations, receipt of which is hereby acknowledged, the
undersigned Grantor,the City of Elgin, an Illinois Municipal Corporation, hereby grants
and conveys to Illinois Bell Telephone Company dba AT&T Illinois, an Illinois
Corporation, its affiliates and licensees, successors and assigns (collectively "Grantees")
a non-exclusive easement in, under, over, upon and across the Easement Area(described
below),for the purposes of and in order to construct, reconstruct, modify, supplement,
maintain, operate and/or remove facilities for the transmission of signals used in the
provision of communication, video and/or information services and/or any other services
or uses for which such facilities may be used including but not limited to,conduit, cables,
wires, , pedestals or other above-ground cable or wire enclosures as approved by the
Grantor, any marker posts and signs required by law, and other related equipment,
fixtures,appurtenances and facilities, together with the right to have commercial
electrical service extended across the Easement Area to provide service to such facilities
and the right of ingress and egress to and across the Easement Area for the purpose of
access to and use of the easement granted herein. Any improvements, facilities, or
appurtenances related thereto shall be constructed, installed or located underground, and
no such improvements, facilities, or other appurtenances shall be located aboveground or
on the surface of the Easement Area without the prior express written consent of the
Grantor,
P.I.N.: 06-14-260-001
Property Address: 70 N. State St., Elgin, IL
The Easement Area is depicted on Exhibit A, attached hereto and incorporated herein by
this reference, and is legally described as follows:
THE WEST 10 FEET OF LOTS 7 AND 8 IN BLOCK 28 OF WILLIAM C.
KIMBALL'S PLAT OF ELGIN, KANE COUNTY, IL.
V
Illinois Bell Telephone dba AT&T Illinois for itself, its agents, and independent
contractors, shall indemnify and save harmless the Grantor and its successors of said
property from any and all damages to said property or persons by reason of the location,
construction, installation, of maintenance of said company's equipment on said property,
and further shall indemnify and save harmless Grantor and its successors from any and all
liens placed against the property arising from said construction or maintenance activities.
The Grantor represents and warrants to the Grantee that Grantor is the true and lawful
owner of the Property and has full right and power to grant and convey the rights
conveyed herein.
Grantee hereby agrees to and shall restore all property disturbed by its activities in use of
the easement to the condition existing prior to the disturbance, and shall leave the
Easement Area and the property free from debris.
Grantee acknowledges and agrees that the easement rights granted herein are non-
exclusive,and that Grantor reserves the right to grant and convey easement rights within
the Easement Area to other public utilities and grantees, in the Grantor's sole discretion.
Grantee agrees that its occupation and use of the Easement Area shall be done in such a
manner so as to not interfere with nor preclude the occupation and use thereof by other
entities for which such easement rights as may be so granted and conveyed.
Grantee shall have the right to remove or trim such trees and brush in the Easement Area
as is necessary to exercise the rights conveyed herein.
The Grantor shall not construct improvements in the Easement Area or change the finish
grade of the Easement Area without the consent of the Grantee.
This Easement is binding upon and shall inure to the benefit of the heirs, successors,
assigns, and licensees of the parties hereto.
GRANTOR: GRANTEE:
The City of Elgin Illinois Bell Telephone Company, dba AT&T
150 Dexter Court Illinois, an Illinois Corporation
Elgin, IL 60120 222 W. Jackson Street
Woodstock, IL 60098
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(Signatur;V / (Sig ,ture)
v.. c1 p i w,— '1,/' Debra Leetzow
(P i ed) / l (Printed)
•.. Right of Way Manager
(Signature) (Title)
7 'wN �GwhS.Ci nt t
(Printed)
STATE OF ILLINOIS )
) SS
COUNTY OF )
I, the undersigned, a Notary Public in and for said county in the state aforesaid, DO
HEREBY CERTIFY THAT,
personally known to be the person(s)whose name(s) is/are subscribed to the foregoing
instrument, appeared before me this day in person, and acknowledged that as signed,
sealed and delivered the said instrument as their free and voluntary act, for uses and
purposes therein set forth.
Given under my hand and notarial seal, this day of 2016.
Notary Public
This document was drafted by Gerald A. Friederichs, Wis. Bar Member No. 1014144,AT&T-
Wisconsin Legal Department, 3rd Floor,N17 W24300 Riverwood Dr., Waukesha WI 53188
Return this document to:
Debra J. Leetzow
AT&T
222 W.Jackson Street
Woodstock, IL 60098
EXHIBIT A
Plan Drawing Entitled"Easement Exhibit— Lots 7& 8— Elgin, Illinois", prepared by
HBK Engineering, dated October 25, 2016, to be inserted.
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EASEMENT EXHIBIT
THE WEST 10 FEET OF LOTS 7 AND 8 IN BLOCK 28 OF WILLIAM C. KIMBALL'S PLAT OF ELGIN, KANE COUNTY, IL
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