17-64 RecordedState of Illinois )
County of Kane)
City of Elgin )
CERTIFICATE OF CITY CLERK
201 7K0a&S3S
SANDY WEGMAN
RECORDER - KANE COUNTY, IL
RECORDED: 5/26/2017 88:44 AM
REC FEE: 56.08
PAGES: 13
Information
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 o£
RESOLUTION NO. 17 -64
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH MB FINANCIAL
BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE UNDER THE
PROVISIONS OF A TRUST AGREEMENT DATED FEBRUARY 16, 1970, AND KNOWN
AS THE LCH TRUST, AS TO AN UNDIVIDED 1/2 INTEREST, AND MB FINANCIAL
BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE UNDER THE
PROVISIONS OF A TRUST AGREEMENT DATED FEBRUARY 16, 1970, AND KNOWN
AS THE DKH TRUST, AS TO AN UNDIVIDED 1/2 INTEREST
FOR WATERMAIN PURPOSES
(39W340 Route 20)
passed by the Elgin City Council at its legally convened meeting held on April 26, 2017.
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the
,Ugjn at the said City in the County and State aforesaid this May 16, 2017.
This in'sMment prepared by:
William A. Cogley
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120
l
Kimberly Dewis, Qity Clerk
Return to:
Kimberly Dewis
Elgin City Clerk
150 Dexter Court
Elgin, IL 60120
Resolution No. 17 -64
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
WITH MB FINANCIAL BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE
UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED FEBRUARY 16, 1970,
AND KNOWN AS THE LCH TRUST, AS TO AN UNDIVIDED 1/2 INTEREST, AND MB
FINANCIAL BANK, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE UNDER
THE PROVISIONS OF A TRUST AGREEMENT DATED FEBRUARY 16, 1970, AND
KNOWN AS THE DKH TRUST, AS TO AN UNDIVIDED 1/2 INTEREST
FOR WATERMAIN PURPOSES
(39W340 Route 20)
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 with MB Financial Bank National Association as
Successor Trustee under the Provisions of a Trust Agreement dated February 16,1970, and known as
the LCH Trust, as to an undivided 1/2 interest, and MB Financial Bank, National Association, as
Successor Trustee under the provisions of a Trust Agreement dated February 16, 1970, and known as
the DKH Trust, as to an undivided 1/2 interest for an easement for purposes of constructing,
maintaining, operating and repairing a watermain, 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 26, 2017
Adopted: April 26, 2017
Vote: Yeas: 9 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 day of
2017, by and between the City of Elgin, an Illinois municipal
corporation, (hereinafter referred to as the "City"), and MB Financial Bank, National Association,
as Successor Trustee. under the provisions of a Trust Agreement dated February 16, 1970, and
known as the LCH Trust, as to an undivided 1/2 interest, and MB Financial Bank, National
Association, as Successor Trustee under the provisions of a Trust Agreement dated February 16,
1970, and known as the DKH Trust, as to an undivided 1/2 interest (hereinafter collectively
referred to as the "Owner ").
WITNESSETH
WHEREAS, the Owner owns the real property located at the west side of Coombs Road,
north of the intersection of U.S. Route 20 and Coombs Road, having Permanent Index Number
05 -12- 400 -018 (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 Plat of
Easement prepared by Vanderstappen Surveying and Engineering, Incorporated, dated August 10,
2015, attached hereto as Exhibit A and incorporated herein by this reference, 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.
NOW, THEREFORE, for and in consideration of Three Thousand One Hundred Dollars
($3,100.00) in hand paid to Owner, Two Thousand Five Hundred Dollars ($2,500.00) in hand paid
to Bollinger, Lach & Associates, Inc., for civil engineering fees, Five Thousand Five Hundred
Dollars ($5,500.00) in hand paid to Krupp & Krupp, LLP, for legal fees, and Seven Thousand
Three Hundred Dollars ($7,300.00) in hand paid to MB Financial Bank, N.A., Trustee, for
extraordinary trustee fees, and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto agree as follows:
1. Water Main Easement. That the Owner does hereby grant to the City and its
successors and assigns a permanent and exclusive (except as set forth in Paragraph 4 hereof)
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. Restoration of Easement Premises. That following the exercise by the City of any
easement rights granted herein, the City shall promptly repair and restore the Easement Premises
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to the same condition as existed immediately prior to the existence of such rights as is reasonably
practicable, including the repair or restoration of any drain tile, and shall leave the Easement
Premises and surrounding premises free from debris; provided, however, that the City shall not
replace or repair any trees within the Easement Premises, nor replace or repair any damage to any
fences or other structures or improvements 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,
fences, or other improvements within the Easement Premises, and further agreeing that the Owner
shall not be entitled to any additional compensation for the same.
3. Cron Damage and Soil Compaction. In the event that farm crops on the Subject
Property are damaged by the City during construction of the City Improvements in the Easement
Premises, the City agrees to compensate the Owner for such crop damage loss caused by the City
Improvements. The crop damage loss shall be calculated based upon a price per bushel for the
area of such crop damage utilizing the overall yield for the Subject Property in bushels per acre
and the prevailing market price in the geographic area of the Subject Property for the year in
question. In addition to the payment owed as described above for directly damaged or destroyed
crops, the City shall pay the Owner for areas on the Subject Property determined to have significant
soil compaction directly caused by the City's activities related to the construction of the City
Improvements on the Subject Property ( "Compaction Compensation "). Significant soil
compaction shall be deemed to have occurred if directly caused by the City's activities relating to
the construction of the City Improvements on the Subject Property and the soil has been compacted
to the extent that as a result of such compaction the soil cannot sustain the growth of crops in the
crop season following the City's construction of the City Improvements. Compaction
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Compensation shall be equal to an amount that has triple the value as calculated above for directly
damage or destroyed crops for the areas with significant soil compaction as liquidated damages
and in full and final payment of any Compaction Compensation. In consideration of such payment,
no additional payments shall be made in future years for such incident of soil compaction. The
Owner shall provide the City with reasonably sufficient evidence to support a claim of crop
damage or a claim of Compaction Compensation prior to the payment of any claim for such
damage or compensation.
4. Indemnification. 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. Restrictions, Reservation of Rights. That the Owner and its successors 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. Anything contained in this Agreement to the contrary
notwithstanding, it is understood that the Owner shall have, and hereby reserves, the right to (i)
construct or otherwise install surface improvements other than buildings (such as, by way of
example and not by way of limitation, parking lot improvements, private or publicly dedicated
streets, lighting, signage, drainage and stormwater management facilities, wetland mitigation,
fences, bicycle and pedestrian paths, and landscaping) and (ii) install utility lines which cross
perpendicularly through the Easement Premises as reasonably required to service the development
of the Subject Property, provided that such rights are exercised in a manner which does not
unreasonably interfere with the City's intended use of the Easement Premises.
6. Notice. Except in the event of an emergency, the City shall give the Owner
reasonable prior notice of its intention to perform work within the Easement Premises, as follows:
Notice to Owner:
MB Financial Bank, N.A.
6111 North River Road
Trust Department — 8th Floor
Rosemont, Illinois 60018.
7. Amendment. That no amendment, revision or modification hereof shall be
effective unless it is in writing and signed by all parties hereto.
8. Entire Agreement. 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. AWlicable Law. 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. Contractors. That it is understood and agreed that the City may utilize the services
of third party contractors, employees or other agents to perform work in the Easement Premises.
11. Warranty of Title. 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.
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12. Binding. That this Agreement shall be binding on the parties hereto, their
successors and permitted assigns and shall run with the land.
13. Multiple Counterparts. 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. Recording. That this Agreement shall be recorded by the City at the City's cost
with the Kane County Recorder.
15. Joint Preparation. That this Agreement is and shall be deemed to be the joint and
collective work product of the Owner and the City and, as such, this Agreement shall not be
construed against either party as the otherwise purported drafter of the same by an court of
competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness, or conflict, if
any, in the terms or provisions contained herein.
SIGNATURE PAGE FOLLOWS
I Me
IN WITNESS WHEREOF, the parties have entered into and executed this
Easement Agreement on the date and year first written above.
CITY OF ELGIN:
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OWNER:
MB FINANCIAL BANK, N.A., as Successor
Trustee of a Trust Agreement dated February
16, 1970, and known as the LCH Trust
By: jl� M V /
Attest:
F
MB FINANCIAL BANK, N.A., as Successor
Trustee of a Trust Agreement dated February
16, 1970, and known as the DKH Trust
0
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.
Given under my hand an official seal, this oR& day of 12017.
of ubli
STATE OF ILLINOIS JENNIFER J QUINTON
) OFFICIAL SEAL
SS. NOTARY PUBLIC
COUNTY OF L. ) MY COMMISSIONIEXP RES
JANUARY 10, 2020
I, the under igned, a Notary Public, in and for said County, in the State aforesaid,
do hereby certify that i , and L [ f) aid! S . W aC L of MB
Financial Bank, N.A., personally known 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 MB Financial Bank, N.A., for the uses and purposes therein set forth. �.,
Given under my hand an official seal, this —lL day of &ejej , 2017.
F
'Notary PiWlic F FICIAL SEAL"
STATE OF ILLINOIS ) S. MAGDALENO
NOTARY PUBLIC, STATE OF ILLINOIS
/�� f'
O ) SS.
1MYCommission Ex ires 12!07!201;
COUNTY OF l;� � 1
I, the undersigned, �^n"� a�No�tary Public, in and for id County, in the State aforesaid,
do hereby certify that A All un W and 6 i b " S. 1.J,Aek of MB
Financial Bank, N.A., personally known toAAd 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 MB Financial Bank, N.A., for the uses and purposes therein set forth.
Given under my hand an official seal, this 1 J— day of Ay%✓LJ 2017.
S. MAGDALENO
NOTARY PUBLIC, STATE OF ILLINOIS
8-
My Commission Ex ires 12/0712019
EXHIBIT A
Plat of Easement, prepared by Vanderstappen Surveying & Engineering, Incorporated, dated
August 10, 2015, to be inserted.
S75'01'37'E
PLAT OF
EASEMENT
E LINE SE 1/4 SECTION
Port of the East Half of Section 12, Township 41
North, Range 7 East of the Third Principal Meridian,
being described as follows: Beginning at the
Northeast corner of the Southeast Quarter of said
Section 12; thence South 00 degrees 15 minutes 28
seconds East along the East line thereof, 1,483.20
feet to the Southeast corner of the lands described
in Document No. 2006K042272; thence North 86
degrees 36 minutes 59 seconds West along the
South line thereof, 9.19 feet to a line 30.0 feel
West of and parallel with the centerline of Coombs
Road; thence North 00 degrees 43 minutes 38
seconds West along said parallel line, 1,387.27 feet;
thence North 01 degrees 25 minutes 04 seconds
West parallel with said centerline, 101.57 feet to the
South line of Parcel 46 in Highland Woods -
Neighborhood '8', being a subdivision of part of the
Northeast Quarter of said Section 12, according to
the plat thereof recorded April 26, 2007 as
Document No. 2007K045597; thence South 75
degrees 01 minutes 37 seconds East along said
South line, 23.41 feet to the Place of Beginning in
Kane County, Illinois.
100• 0' too' 200'
scat: 1 = too'
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DFAWN BY: APO OBBC® BY: WJV
scat 1, -low W_122-T. 41 R. 7 B.
Basis OF BRARDJ9: ASSUMED
P.I.N.: 05- 12- 100-018 N86`36'59'W
JOB NO.: 150150 7�& ID. PF9_ S LINE CDC. /2005K04;
MUDIFORK Mv.1 EL_M._
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WOODS - NEIGHBORHOOD '8'
NE CORNER SE 1/4 SECTON 12 -41 -7
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— LCENIERLINE OF COGABS ROAD
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-WATER MAIN EASEMENT
22,724± Sq.Ft. 0.522 ACRES
SLATE OF UJIMOLS ) ) S.S.
Coum or MCNBNRY)
1 hereby elate Chet we have Fatted the premises
above described, and Chet the plot hereon Is e true
representation of said deecrlption.
This he not a Boundary Survey
Bated at Woodstock,
MCRenry County, Rlinoie 8/10 ,A.D., 20J5
Vandentappea Suneyin0 k RORioeeldnR, Inc.
Deeip Firm No. la4- 002'192
By: Woods Protined aal Lend Suneyor No. 2709
r5hi- - -- S75- 01'37E
Vanderstappen Surveying k N01251
Engineering, hAnrporeted 10
I)IRNm1.Myinm YxRM'obslv'I, Ill—
IBISIIIiJl10 wv va.Mnummm
PLAT OF
EASEMENT
E LINE SE 1/4 SECTION
LEGAL DESCRIPTION
Part of the East Half of Section 12, Township 41
North, Range 7 East of the Third Principal Meridian,
being described as follows: Beginning at the
Northeast comer of the Southeast Quarter of said
Section 12; thence South 00 degrees 15 minutes 28
seconds East along the East line thereof, 1,483.20
feet to the Southeast corner of the lands described
in Document No. 2006KO42272; thence North 86
degrees 36 minutes 59 seconds West along the
South line thereof, 9.19 feel to a line 30.0 feet
West of and parallel with the centerline of Coombs
Road; thence North 00 degrees 43 minutes 38
seconds West along said parallel line, 1,387.27 feet;
thence North 01 degrees 25 minutes 04 seconds
West parallel with said centerline, 101.57 feet to the
South line of Parcel 46 in Highland Woods -
Neighborhood 13", being a subdivision of port of the
Northeast Quarter of said Section 12, according to
the plat thereof recorded April 26, 2007 as
Document No. 2007KO45597; thence South 75
degrees 01 minutes 37 seconds East along said
South line, 23.41 feet to the Place of Beginning in
Kane County, Illinois.
100 o' too' 2OW
SCALE: 1' - 100'
-S LINE PARCEL 46 HIGHLAND
WOODS - NEIGHBORHOOD 'B'
PUCE OF BEGINNING
NE CORNER SE 1/4 SECNON 12 -41 -7
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BASIS OF BBARING: ASSUMED
P.I.N.: OS -12- 100 -Ote N86'36'59'W
JOB Na.: 15017 -A ID -PEA S LINE DOC. f200SK04:
FIELDWORK --
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BfATB OF It1lN0i5 )
S.S.
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COUNTY OF MCNRNRY)
I hereby slate that we have platted the premises
above described, and that the plat hereon is a true
representation of acid description.
This is not a Boundary Survey
Dated at lroodMUek,
U.S.., County, Blinoie 8/10 ,A.D., 2015 ,
Vandanda,en SurvayfnB k linphoNrivg, tae.
Design Firm No. IRI-OOR782
Br.
IIU.W Professional Land Surveyor No 2709