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Home My WebLink About02-222 Resolution No. 02-222 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER LINE AND WATER MAIN IMPROVEMENTS FOR THE BOWES ROAD INTERCEPTOR SEWER (Illinois Hydraulic Construction Company) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Easement Agreement with Illinois Hydraulic Construction Company, for sanitary sewer line and water main improvements 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/ Ed Schock Ed Schock, Mayor Presented: June 12 , 2002 Adopted: June 12 , 2002 Vote : Yeas : 5 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk Resolution No. 02-222 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER LINE AND WATER MAIN IMPROVEMENTS FOR THE BOWES ROAD INTERCEPTOR SEWER (Illinois Hydraulic Construction Company) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Easement Agreement with Illinois Hydraulic Construction Company, for sanitary sewer line and water main improvements 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 . Ed Schock, Mayor Presented: June 12 , 2002 Adopted: Vote : Yeas Nays : Recorded: Attest : Dolonna Mecum, City Clerk (000, RAGREE/EASEMENT. IH DRAFT 10/24/01 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this day of , 2001, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City" ) , and Illinois Hydraulic Construction Company, a Delaware Corporation, authorized to do business in the State of Illinois (hereinafter referred to as the "Grantor" ) . WITNESSETH WHEREAS, Grantor owns the real property legally described on the plat of easement prepared by Barrington Engineering Consultants, Ltd. , dated January 11, 2001, revised October 17, 2001, attached hereto as Exhibit A, in Kane County, Illinois; and WHEREAS, the City of Elgin desires to obtain a temporary construction easement from Grantor for the purpose of constructing and installing sanitary sewer line and water main improvements over a portion of certain property which is adjacent to the property owned by Grantor; and WHEREAS, Grantor has agreed to grant such a temporary construction easement for such purposes pursuant to the terms and conditions of this easement agreement . NOW, THEREFORE, for and in consideration of Ten Dollars ($10 . 00) in hand paid to Grantor, and other good and 3 . That the City for itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor and its successors harmless from third party claims for personal injuries or property damage arising directly as a result of the City' s work in the Temporary Construction Easement Premises during construction. The City further agrees to indemnify and hold harmless Grantor from any and all liens placed against the Temporary Construction Easement Premises arising from said construction activities . 4 . That during the term of the Temporary Construction Easement granted herein the Grantor and its successors shall not construct any structures or buildings nor plant any trees on the Temporary Construction Easement Premises nor undertake any other activities on the Temporary Construction Easement Premises which unreasonably interfere with the City' s intended use of the Temporary Construction Easement Premises . 5 . That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 6 . That this 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 . -3- 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 Ed Schock, Mayor, personally known to 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 free and voluntary act for the uses and purposes therein set forth. Given under my hand an official seal, this day of , 2002 . Notary Public 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 Thomas S. Rakow President , and are 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 for the uses and purposes therein set forth. Give9t under my hand an official seal, this 3/ day of (} , 2002 . t -Y1 1 1 Nota y Public This Instrument Prepared by do iC1iL SEAL and Return to: P tA L .W 1, OHLFEST William A. Cogley b F,t;tir ' 44"..,*TATE OF ILLINOIS t F'w�, City of Elgin 4 v v �7 + S:05112/03 Legal Department w . 150 Dexter Court Elgin IL 60120-5555 -5-