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R-19-14VILLAGE OF DEERFIELD RESOLUTION NO. 2019- R - - 9-14 A RESOLUTION APPROVING A NON-EXCLUSIVE EASEMENT AGREEMENT FOR THE MAINTENANCE OF UTILITIES WHEREAS, the Village of Deerfield ("Village's is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and WHEREAS, SRC Arbor Lake Owner, LLC ("Owner's is the owner of the property located at 1751 Lake Cook Road, Deerfield, Illinois ("Property's; and WHEREAS, Deerfield Senior Residences Property Owner, LLC ("Developer's is the owner of the property located 1627 Lake Cook Road, Deerfield, Illinois ("Development's; and WHEREAS, the Developer desires to necessitating the installation and maintena. portion of the Property; and construct improvements on the Development .ce of public utilities ("Utilities' crossing a WHEREAS, in order to connect Utilities to the Development, the Village must obtain an easement over the Property; and WHEREAS, the Owner desires to grant the Village a non-exclusive easement pursuant to an easement agreement ("Easement Agreement'; and WHEREAS, the Village Board has determined that it will serve and be in the best interests of the Village and its residents to enter into the Easement Agreement with Owner; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals as its findings, as if fully set forth herein. SECTION 2: APPROVAL OF EASEMENT AGREEMENT. The Village Board hereby approves the Easement Agreement by and between the Village and Owner in substantially the form attached to this Resolution as Exhibit A and in a final form approved by the Village Attorney. SECTION 3: AUTHORIZATION TO EXECUTE EASEMENT AGREEMENT. The Village Board hereby authorizes and directs the Village President and the Village Clerk to execute and seal, on behalf of the Village, the final Easement Agreement. 47790539v] SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law and only after the Director of Public Works and Engineering accepts the newly constructed utilities on behalf of the Village. AYES: Benton, Jester, Oppenheim, Seiden, Shapiro, Struthers NAYS: None ABSTAIN: None ABSENT: None PASSED: June 17, 2019 APPROVED: Alne 18, 2019 RESOLUTION NO: R•-19-14 Harriet Rosenthal, Mayor ATTEST: Kent 9. Street, Vi ge Clerk 47790539v1 PREPARED BY AND AFTER RECORDING RETURN TO: HOLLAND & KNIGHT LLP 131 SOUTH DEARBORN ST. 30TH FLOOR CHICAGO, IL 60603 ATTN: STEVEN M. ELROD For Recorder's Use Only NON-EXCLUSIVE EASEMENT AGREEMENT FOR UNDERGROUND UTILITIES THIS AGREEMENT is dated as of this day of , 2019, by and between the Village of Deerfield, an Illinois home rule municipal corporation (the "Village"), and SRC Arbor Lake Owner, LLC, a Delaware limited liability company (the "Owner"). IN CONSIDERATION OF the mutual covenants and agreements set forth herein and pursuant to the Village's home rule powers, the parties hereto agree as follows: 1. BACKGROUND. A. The Owner is the owner of certain real estate commonly known as 1751 Lake Cook Road, Village of Deerfield, County of Cook, State of Illinois, which real estate is legally described in Exhibit A, attached to, and by this reference made a part of, this Agreement (the "Subject Property") B. The Owner and the Village have determined that it is in their respective best interests to enter into this Agreement in order to grant to the Village a perpetual non- exclusive easement over a portion of the Subject Property as described herein. 2. GRANT AND USE OF EASEMENT. The Owner grants, conveys, warrants, and dedicates to the Village a perpetual non-exclusive easement in, at, over, along, across, through, upon, and under that portion of the Subject Property depicted on Exhibit B attached to, and by this reference made a part of, this Agreement (the "Easement Premises"), to survey, construct, operate, use, maintain, own, test, inspect, repair, remove, and replace or abandon in place (collectively the "Installation") underground utilities, including, without limitation, water mains and any appurtenances thereto (collectively, the "Facilities"), together with all reasonable rights of ingress and egress over, along, across, and upon the Subject Property necessary for the exercise of the rights granted herein. The Village shall, at its sole cost and expense, complete the Installation of the Facilities in a good and workmanlike manner. 3. HOLD HARMLESS. The Village agrees to hold the Owner harmless from all claims, causes of action, suits, damages, or demands that arise directly from the Installation, maintenance, and repair of the Facilities on the Easement Premises. 4. RESERVED RIGHT. The Owner reserves the right to use the Easement Premises in any manner that will not prevent or interfere in any way with the exercise by the Village of the rights granted herein; provided, however, that the Owner shall not permanently or temporarily improve or obstruct the Easement Premises or cause any improvements or obstructions to be constructed on the Easement Premises that would impair the exercise by the Village of the rights granted herein without the express prior written consent of the Village Manager which shall not be unreasonably withheld, conditioned or delayed. For the avoidance 2 of doubt, the Owner (and any other person who from time to time may have rights or responsibilities with respect thereto) shall be permitted to use, maintain, repair and replace the paved driveway and related improvements located partially within the Easement Premises (the "Access Improvements"), which Access Improvements facilitate vehicular and pedestrian ingress and egress to and from the Subject Property (and other property) and Lake Cook Road, and the use, maintenance, repair and replacement of the Access Improvements shall be deemed not to impair the exercise by the Village of its rights hereunder. In exercising its rights hereunder, the Village shall not block off or otherwise interfere with the use, maintenance, repair or replacement of the Access Improvements. 5. ADDITIONAL EASEMENTS. The Owner shall have the right to grant other non-exclusive easements over, along, across or upon the Easement Premises; provided, however, that any such other easements shall be subject to this Agreement and the rights granted hereby; and provided further, that the Village Manager shall have first consented in writing to the terms, nature, and location of any such other easements which shall not be unreasonably withheld, conditioned or delayed. 6. VILLAGE RESTORATION. Upon completion of any Installation, the Village agrees to (a) replace and grade any and all topsoil removed by the Village; (b) restore to condition immediately preceding the Installation any and all fences, roads, curbs, plantings (including any trees, shrubs or landscaping), signage, lighting facilities, and improvements that are damaged or removed as a direct result of the Installation; (c) replace any and all sod removed with sod of like quality; and (d) replace any and all natural grass removed by seeding with a good quality seed. 3 7. COVENANTS RUNNING WITH THE LAND. The easements and rights granted in this Agreement, the restrictions imposed by this Agreement, and the agreements and covenants contained in this Agreement shall be easements, rights, restrictions, agreements and covenants running with the land, shall be recorded against the Subject Property and shall be binding upon and inure to the benefit of the Owner and the Village and their respective heirs, executors, administrators, successors, assigns, agents, licensees, invitees, and representatives, including, without limitation, all subsequent owners of the Subject Property, or any portion thereof, and all persons claiming under them. If any of the easements, rights, restrictions, agreements or covenants created by this Agreement would otherwise be unlawful or void for violation of (a) the rule against perpetuities or some analogous statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing time limits, then such easements, rights, restrictions, agreements or covenants shall continue only until 21 years after the death of the last survivor of the now living lawful descendants of the current Governor of the State of Illinois. 8. ASSIGNMENT OF RIGHTS. The Village may assign its rights or delegate its duties under this Agreement to any assignee, agent, or contractor: (a) who is reasonably competent to exercise the rights granted herein and the obligations imposed herein; and (b) who makes adequate assurances to the Owner that any activity performed pursuant to such assignment or delegation shall be conducted in a good and workmanlike manner. 9. AMENDMENT. This Agreement may be modified, amended, or annulled only by the written agreement of the Owner and the Village, and a copy or memorandum of such written agreement is recorded in the Official Records of Cook County, Illinois. II [Remainder of Page Intentionally Left Blank; Signature Pages Follow] IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on the date first above written. OWNER: SRC ARBOR LAKE OWNER, LLC, a Delaware limited liability company By: SRC Office Investors Eleven, LLC, a Delaware limited liability company, its Sole Member By: SRC Investment Partners 4, LLC, a Delaware limited liability company, its Manager Name: Timothy T. Ronan, Jr. Title: Manager A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Los Angeles ) On , before me, , a Notary Public, personally appeared TIMOTHY T. RONAN, JR., who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature [SIGNATURE PAGE TO NON-EXCLUSIVE EASEMENT AGREEMENT FOR UNDERGROUND UTILITIES] STATE OF ILLINOIS SS COUNTY OF COOK VILLAGE OF DEERFIELD Ey: . Sr' h' instrume was acknowledged before me on j 2019, by the Vi ge ` of Uhe Village, an Illinois municipal corporation, and by , o6he Village Clerk of said municipal corporation. ()�FlClAL, SAI•. DEBRA J. GALANTE Notary Public - Stares 61linois 0 Signature of Nolary My Commission Exp SEA My Commission expires: 4 /J-5 � o [SIGNATURE PAGE TO NON-EXCLUSIVE EASEMENT AGREEMENT FOR UNDERGROUND UTILITIES] STATE OF ILLINOIS SS COUNTY OF COOK VILLAGE OF DEERFIELD Thi instrume was acknowledged before me on 1" 2019, by the Vil ge �✓( f the Village, an Illinois municipal corporation, and by the Village Clerk of said municipal corporation. OFFICIAL SEAL DEBRA J. GALANTE Notary Public -State of Illinois Signature of Not My Commission Expires 6/05/2020 SEAL My Commission expires: 6/5r/o�oa p [SIGNATURE PAGE TO NON-EXCLUSIVE EASEMENT AGREEMENT FOR UNDERGROUND UTILITIES] STATE OF ILLINOIS SS COUNTY OF COOK VILLAGE OF DEERFIELD gy; Tjhnq instrume was acknowledged before me on 2019, by the V' age of the Village, an Illinois municipal corporation, and by the Village Clerk of said municipal corporation. OFFICIAL SEAL DEBRA J. GALANTE Notary Public - State of Illinois Signature of No ary My Commission Expires 6/05/2020 SEAL My Commission expires: 4,Z5/c5Loa-O [SIGNATURE PAGE TO NON-EXCLUSIVE EASEMENT AGREEMENT FOR UNDERGROUND UTILITIES] EXHIBIT A Legal Description of the Subject Property Parcel 1: Lot 1 in Arborlake Centre, being a Subdivision in Sections 5 and 6, Township 42 North, Range 12, East of the Third Principal Meridian, in Cook County, Illinois, according to the Plat thereof recorded March 14, 1985 as Document 27475383 in Cook County, Illinois excepting therefrom that portion conveyed to the Illinois State Toll Highway Authority by warranty deed recorded May 7, 2008 as document 0812846067, described as follows: commencing at the Northwest Corner of Said Lot 1; Thence on an Illinois State plane coordinate system, East Zone, Nad 83 bearing of North 89 degrees 42 minutes 24 seconds East along the South Line of Lake Cook Road, heretofore dedicated per document number 27467356, a distance of 255.74 feet; thence South 00 degrees 17 minutes 36 seconds East, measured at right angles to the last described course to a permanent and exclusive easement granted to the State Toll Highway Commission per Condemnation Case No. 56814980, 20.61 feet for the point of beginning; thence North 83 degrees 04 minutes 59 seconds East along said easement line per Condemnation Case No. 56814980 to the East Line of the West 162.00 feet of the East 5 acres of the North Half of the East Half of Lot 2, 117.41 feet; thence North 00 degrees 30 minutes 08 seconds East along said East Line of the West 162.00 of the East 5 acres to a line dedicated for public street per Arborlake Centre Subdivision per document number 27475383, 3.07 feet; thence South 79 degrees 29 minutes 05 seconds East along said line dedicated for Public Street, 53.70 feet; thence North 84 degrees 26 minutes 27 seconds East along said line dedicated for public street to the East Line of said Lot 1, 109.73 feet; thence South 00 degrees 30 minutes 08 seconds West, 16.61 feet; thence South 89 degrees 42 minutes 24 seconds West, 278.46 feet to the point of beginning, all in Cook County, Illinois. Parcel 2: Non-exclusive easement appurtenant to and for the benefit of parcel 1 to maintain, repair, or replace any water, sewer, gas, electric, telephone or other utilities within the Easement Premises contained in Document No. 27021045 and within the Vacated Easement Area as depicted on Exhibit B of Document No. 1013012006 as created by Grant of Easement dated February 7, 1984 and recorded March 27, 1984 as document number 27021045, as amended by Amendment to Grant of Easement recorded January 25, 1985 as document number 27419485, and Second Amendment to Grant of Easement recorded April 7, 1988 as document 88145387 and rerecorded May 10, 1988 as document 88199120 and Third Amendment to Grant of Easement recorded May 10, 2010 as document 1013012006. Parcel 3: Non-exclusive easement appurtenant to and for the benefit of Parcel 1 for ingress and egress and access and for construction and installation of the Huehl Road extension over, across and upon the following described real estate as created by Declaration and Grant of Easement dated February 11, 1984 and recorded February 13, 1985 as document number 27441713 made by American National Bank and Trust Company of Chicago, as Trustee under the provisions of a Trust Agreement dated May 15, 1983 and known as Trust Number 57661: the West 25 feet (lying South of the North line of the South 1/2 of Government Lot 2 in the Northwest 1/4 of the hereinafter described Section 5) of Lot 1 in Lake Cook Office Center, being a resubdivision of Lot 3 in Lake Cook Road Industrial Park, being a Subdivision in the Northeast 1/4 and the Northwest 1/4 of Section 5, Township 42 North, Range 12 East of the Third Principal Meridian, in Cook County, Illinois. Parcel 4: Non-exclusive easement appurtenant to and for the benefit of Parcel 1 for parking, ingress and egress, utility facilities, landscaping, tennis courts and signage over and across the following described real estate as created by the Declaration and Grant of Reciprocal Rights dated January 31, 1985 and recorded February 6, 1985 as document 27435249 made by American National Bank and Trust Company of Chicago as trustee under Trust Numbers 61840, 63290, 63291, 63292 as restated by Amended and Restated Declaration and Grant of Reciprocal Rights recorded April 18, 1988 as Document No. 88160149, as amended by that certain First Supplement to Amended and Restated Declaration and Grant of Reciprocal Rights recorded April 1, 1992 as Document no. 92219422 and rerecorded as Document No. 92446486, as further amended by that certain First Amendment to Amended and Restated Declaration and Grant of Reciprocal Rights recorded December 14, 1993 as Document No. 03020936: Lots 2, 3, and 4 in Arborlake Centre Subdivision in Section 5 and 6, Township 42 North, Range 12, East of the Third Principal Meridian, in Cook County, Illinois, according to the Plat thereof recorded March 14, 1985 as document 27475383 in Cook County, Illinois. Parcel 5: Non-exclusive easement for the benefit of Parcel 1 for vehicular and pedestrian ingress and egress over and across the Wilmont Road Entrance Easement Area as created by Access and Signage Easement Agreement recorded December 11, 2013 as Document No. 1334519045 and rerecorded February 20, 2014 as Document No. 1405116206 as described in Exhibit L attached thereto and as depicted on Exhibit K attached thereto. Property Address (commonly known as): 1751 Lake Cook Road, Deerfield, IL 60015 Permanent Real Estate Index No. 04-06-201-010-0000 0 EXHIBIT B Depiction of the Easement Premises (see attached) 10 7 ------------------------ _ --- —_--- -------- — _. _ N —_ -- _ --L -- -- --- -- — __---- -- °€ --- --- — W ,� i ,oPorMrumc, I rmw.mv I I EXISTIP G DETENTION BASIN /"J I <,y M 4r_-- -- --- -- --- --� — -- — — -- . a _ i DRAINAGE 8 UTM.ITY LEGENDflL 0 A •FPPilil -TER,w x�x slli:t: eru� PF...... .FF• AI `[![•i7 � e caran•c c..aaae 1 ! << 1�'.�aPxroa'TAx, �tl;,iljM Pl.l F 1 I � .l \ I j z LU A LU O _ - - PROPOSED Bunac W #I I 0 a I ¢ p I I ®m m EAST-VIMT ROAD