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Home My WebLink About02-224 Recorded easement Resolution No. 02-224 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER LINE AND WATER MAIN IMPROVEMENTS FOR THE BOWES ROAD INTERCEPTOR SEWER (Elgin Mental Health Center Property) 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 the State of Illinois, as Owners of the Elgin Mental Health Center Property, 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. 02-224 [ RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER LINE AND WATER MAIN IMPROVEMENTS FOR THE BOWES ROAD INTERCEPTOR SEWER (Elgin Mental Health Center Property) 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 the State of Illinois, as Owners of the Elgin Mental Health Center Property, 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 • RAGREE/EASEMENT.SI 47) DRAFT 12/6/01 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 the State of Illinois, as Owner of the Elgin Mental Health Center Property, (hereinafter referred to as the "Grantor" ) . WITNESSETH WHEREAS, Grantor owns the real property legally described on the plat of • easement prepared by Barrington 47) Engineering Consul nts, Ltd. , dated January 11, 2001 , attached hereto as Exhibit A� in Kane County, Illinois; and WHEREAS, the City of Elgin desires to obtain an easement from Grantor for the purpose of installing, constructing, operating, using, maintaining, locating, upgrading, repairing, replacing or removing sanitary sewer line and water main improvements over a portion of the property owned by Grantor; and WHEREAS, Grantor has agreed to grant such an 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 valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That Grantor, being the owner of the property referenced herein, does hereby grant to the City of Elgin,„a - Illinois municipal corporation, a permanent and exclusive easement to install, construct, operate, use, ma ' - = n, locate, upgrade, repair, service, remove or replace sanitary sewer lines and a water main, and other appurtenances relating to sanitary sewer lines and a water main in that parcel of land located on the property of the Grantor, and legally described in Exhibit A _tacked hereto and described thereon as a "30 foot sanitary sewer and water main easement" (hereinafter referred to as the "Easement Premises") . 2 . That Grantor does hereby further grant to the City a temporary construction easement for that portion of Grantor' s property legally described on Exhibit A attached hereto and described thereon as the "temporary construction easement" allowing access over and use of said portion of Grantor' s property for the purpose of constructing the sanitary sewer and water main improvements on the above-described Easement Premises. The temporary construction easement hereby granted shall be deemed terminated, upon_ the ofl completion of the original construction of the sanitary sewer line and water main improvements in the Easement Premises but in any event shall automatically expire eighteen (is) months following the commencement of construction by City. -2- 3 . That following the exercise by the City of any 47, easement rights granted herein, the City shall promptly repair and restore the Easement Premises or the temporary construction easement premises to the same condition as existed immediately prior to the existence of such rights as is reasonably practicable and shall leave the Easement Premises and the temporary construction easement premises and surrounding premises free from debris . 4 . That the City for itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor, its agents, employees and officials and its successors harmless from third party claims for personal injuries or property damage arising directly as a result of 47) the City 's work in the Easement Premises and the temporary construction easement premises during construction or during any subsequent maintenance or repair thereof . The City further agrees to indemnify and hold harmless Grantor from any and all liens placed against the Easement Premises or the temporary construction easement premises arising from said construction activities. 5 . That the Grantor and their 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 which unreasonably interfere with the City ' s intended use of the Easement Premises . _3 _ . . 6 . That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 7 . 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. 8 . That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois . 9 . 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 either the Easement Premises or the temporary construction easement premises . 10 . That the Grantor hereby represents and warrants to the City that it is the fee simple title holder of the Easement Premises and the temporary construction easement premises and that it has the full power and authority to enter into and make the grant of easement as provided herein. 11 . That this agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 12 . That this agreement shall be recorded by the City at the City' s cost with the Kane County Recorder. -4- • ' r 13 . That upon the completion of the original construction of the sanitary sewer line and water main improvements in the Easement Premises the City agrees to install at its cost the landscaping. as set forth in the Baxter & Woodman Landscaping Plan for the Elgin Mental Health Center property dated May 31, 2001, attached hereto as ibit B IN WITNEESS WHEREOF, the parties have eyed into and executed this Easement Agreement on the date and year first written above . CITY OF ELGIN, an Illinois STATE OF ILLINOIS, AS OWNERS OF municipal corporation THE ELGIN MENTAL HEALTH CENTER PROPERTY . )1- / \A. By BY �'� 41 . , Mayor "14.) Attest : Attest : City Clerk 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 acknowle - and delivered the said instrument as his ,((„0/04.7 rte /ui act of the uses and purposes therein set fa • r� v . Given. under my .hand an official --- / day of , 2001 . 'l( / • d MUI Notary Publ.: V e/ 47) _5_ V • 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 , is 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 of the uses and purposes therein set forth. Given under my hand an official seal , this day of , 2001 . Notary Public This Instrument Prepared by and Return to: William A. Cogley City of Elgin Legal Department . 150 Dexter Court Elgin IL 60120-5555 -6- .1 • • 30 FOOT SANITARY SEWER AND WATER MAIN EASEMENT THAT PART OF THE NORTH V2 OF SECTION 26,TOWNSHIP 41 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:COMMENCING AT A POINT ON THE NORTH LINE OF SAID SECTION 26, SAID POINT BEING 1,889.97 FEET EASTERLY OF THE NORTHWEST CORNER OF SAID SECTION 26; THENCE SOUTH 00 DEGREES 18 MINUTES 31 SECONDS EAST,956.30 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 18 MINUTES 31 SECONDS EAST, 30.00 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 26 SECONDS EAST, 2,078.64 FEET TO THE CENTERLINE OF ILLINOIS STATE ROUTE 31; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT,HAVING A RADIUS OF 911.74 FEET,HAVING A CHORD BEARING OF NORTH 32 DEGREES 00 MINUTES 28 SECONDS EAST, AND HAVING AN ARC LENGTH OF 35.42 FEET;THENCE SOUTH 89.DEGREES 54 MINUTES 26 SECONDS WEST, 2,097.57 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. TEMPORARY CONSTRUCTION EASEMENT THAT PART OF THE NORTH 1,4 OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF SAID SECTION 26;SAID POINT BEING 1,889.97 FEET EASTERLY OF THE NORTHWEST CORNER OF SAID SECTION 26; THENCE SOUTH 00 DEGREES 18 MINUTES 31 SECONDS EAST,945.25 FEET TO THE POINT OF BEGINNING; THENCE NORTH89 DEGREES 48 MINUTES 17 SECONDS EAST, 1;656.68 FEET;THENCE NORTH 00 DEGREES 05 MINUTES 34 SECONDS WEST, 35.99 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 26 SECONDS EAST, 468.86 FEET TO THE CENTERLINE OF ILLINOIS STATE ROUTE 31; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT,HAVING A RADIUS OF 911.74 FEET,HAVING A CHORD BEARING OF SOUTH 29 DEGREES 5 MINUTES 43 SECONDS WEST, AND HAVING AN ARC LENGTH OF. 57.28 FEET; THENCE SOUTH 89DEGREES 54MINUTES-26 SECONDS WEST, 2,097.57 FEET; THENCE NORTH 00 DEGREES 18 MINUTES 31 SECONDS WEST, 11.05 FEET TO,THE POINT OF,BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. . • . . . . , _ . . . . . . ' . . . AS . . ELGIN MENTAL HEALTH CENTER r PARKING LOT ELGIN MENTAL HEALTH CENTER 50'TEMPORARY •*, - * • EASEMENT TEMPOWN CONSTRUCRON EASEMENT EROM FENCE ID PERMANENT EASEMENT NO.4 B.U.+NO. 3 ff---"^=INETF ai 1 2'WOE GRAM- '.'--...isseid A xcas ROW 1 Ili Rao. ci ocP 0 . —„------......._—_-_-_.—._ a....,..m*.--....—•---s—..—,....--•—•.—....* • t r . - N PI .CP I .0 • ..--*---^----ruar- -.0.- . -wool 5+00 7.440 -...- . . 7*,'c' ;,;•-•.- -=-;‘,',: ., ;';''-' 'C -'-;..z- ' '''':'. • I. lg. ..'`..,......!"....4).:,4. T._.._.._.!..-_-_.:._.. 2.,,.....1-7-a-. PRAIRIE MATERIALS/CENTRAL OLACRTOP ) I 30'PERMANENT EASEMENT ir.- - 1W TOPORNO'CONSTRUCTION EMMERT .... I 175' 15,7 I 203' WEE/EVERGREEN - TREEI/EVERGREEN Ptitottt OreiSn9 I I • ELGIN MENTAL HEALTH CENTER Bjk+NO.5 (elk' 30'PERMANENT EASEMENT i 12'WOE CR , i TWOMEY CONSTRUCTION EASEMENT FROtt AWL i ACCESS REMO ax+No. 5 i 1\ PENCE 10 PERMANENT EWEMENT -r,....— tro 1 o De amemma — tar - • ... _ . ...- 171111111111W7 I CENTERED 10' 4' NORTH OF SOWN EASOWNT LINE(ITO 45a .... 200' TREE/EVERGREEN SHRUBS — o CPo CP aCP PRANK MATERIALS 1'b' TREE/ 41, G 41) SOW I,,,.,- * ALTERNATE KING ainnom MAPLE(2 1/2) /411345 NV AUSTRIAN/WHITE PDC ON 29 FOOT MD R CENTERS. CORR r _ t DESCRIPTION or Baxter ct Woodman CITY OF ELGIN, ILURIOIS E 110 owed WI*/amt. 111.4604120 BOWES ROAD INTERCEPTOR SEWER 4 RwrOrgizoi, 1Rownsairs 414.1,43.7834 PHASE 18-PART 0 W 0 0 Dirt NI . Oak Persak oak, 700.580.7070 Ntillifa.benflf, vow*. M ...mi•MMO , . .. ' • • r? ,* 1 • . • 1 ELGIN MENTAL T• g . 62 SOPERMANENT EASEMENT ii B.M+NO.4 IT TIME GROG Di i ACCESS ROAD **---*-F7P. • TeVIII* IN: #--.-....,- . - .--. .--..-„,-6--.--,--,--..---.--,_,_, -.--..-...- TT CP a 0 a .CP 11. ! : ----, .•-11&C4Er'r . %, g i I 1 i I .4 I IOW inwomay coramucnoN Er#SEMIDIT I i I f ...i 175' I iRtE i SHRUBS TREE/EVERGREEN I I i I I I .4.--- i 6 SO'PERMANENT EASEMENT - I I I , I 1151PCIITAR1 CONSTRUCTION WEI I • I FENCE 10 PERWINENT EASEMENT I"- 0CP 06\ * +0TI PIMP ,r if ,jr. .-.. fb 8'6" CENTERED 10 4" NORTH OF SOUTH EASEMENT UNE(TIP) . .. 4111 ...6, WEE/EVER CP 6 giii Al) lir ) tu.NO. DATE DESCRPTION REV.NO. DATE , DESCRIPTION to i oR 6.16 i •t T ' III 1.bilt4 ' 11,0#DIMIN ii'll * REFER TO EQUIPMENT MANUFACTUREFFS SHOP CRAVINGS • e . . . . . . - . ; • . • .. . . . . • . , it, .•••••°/ 1 / ...00°.°' SCALE: 1' 4. 40' ELGIN MENTAL HEALTH CENTER PARKING LOT i Siftst ' TEh / //, 18// 50'TEMPORARY CON '. 4 ON i" / , 1 EASEMENT CONSTRUCTION EASEMENT FROM Existing Detention RS Basin 21Vide Conc 4' Pod ,,,. ,....imir... PIRIIr__ . B.M.-*NO.3 ff•=11113F -.I \ Os MI Asty c..) aCP i' 2" 4" 3" 11* / '' 7 _.........—.,--. .. —..i 3" A_ ._._..._a_.ei.S./.. ...le° //' ,74 . , - 64-CO vizi fi, .........71 ii EL 49* I 1 I 4 i /.. '..-;','-' 47 ?,..'.,''' ' -:''‘'''...__. giCiti• :;f '''-e!.-: ___..._.____. ...ga_._-_______a___.______*___ ../ ..--..-..,.------ 6°4' •••• lisraki / '7 7.,;,..-- / 3045/CENTRAL BLACKTOP 1 30'PERMANENT EASDADIT c•• • / , , od Sign ire vet tommucnoN EASDADTT I • ,/:, / - Pritate sac-op-NO. 2 TREEI/EVERGREEN Dwelling ELGIN MENTAL HEALTH CENTER eillill‘ 1 12'INCE GRAVEL 5.14.4-No.5 lEMPORARY CONSTRUCDON:( // lf ACCESS ROAD FROM FENCE TO PERMANENT EASEMENT ig ..___.„________ Ir_. —.--.--.—.. 'r..--.--.—..--..--.--.t.7-.--,—.--.—.---.—.--4--.—.---., eo'r 21.100 2.-,1C0 Mite ------ 44.4, ••-•••••444.011 ..."- '"Iii 1 i I - I ' . -:--,-,, 3-,;•-:' '',.'-1 - - - --:•-- * 0 44p*tai 41: 4 - m g .,5 200' 175' 150' —_ 4-- SHRUBS TREE/EVERGREEN SHRUBS cp 0CP .CP PRAIRIE MATERIALS/CENTRAL BLACKTOP 4- e e• SNUBS: EXISTING TREE TO BE REMOVED ', .....:: ALTERIATE ICING CRIMSON. MAPLE(2F1g) MERW3E tlIAC.BURNING BUSH, AND REPLACED DURING CONSTRUCTIO MD PL ALISIRIAWItHITE PINES ON 20 MD FORSYTHIA BUSHES ON 4 FM rCENTERS. COTTERS. =KM OF 9C • & Woodman CITY OF ELGIN, ILLINOIS ELGIN MENTAL HEALTh CENTER LDH WSW. 813.460.1280 BOWES ROAD INTERCEPTOR SEWER LANDSCAPING PLAN Wm TO PR5TECTASIKLNaTED ain irf 190045 INvoowskt 414.763.5884 PHASE 18-PART B Mast* 708.640,7070 OF 5-31-01 ... ELGIN MENTAL HEALTH CENTER 750 South State Street Elgin, Illinois 60123-7692 INTER- OFFICE CORRESPONDENCE DATE: June 27, 2002 MEMO TO: Drew Kerr FROM: 'chard Landwehr Director of Resource Managment, EMHC • SUBJECT: Easement Draft The attached "draft" has been signed by the Mayor and City Clerk. I explained to the City Clerk the City would receive a completed/signed/official copy back, after CMS approval. RL/aw Elgin City Clerk FN= PPM-1511-1, Issued 01/08/93 RAGREE/EASEMENT. PR 5/23/02 This Instrument Prepared L 2 t cJ i ;,? by and Return After.,. Recording to: William A. Cogley City of Elgin P Legal Department 150 Dext r Court Elgin IL -4'0'120-5555 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this f /7day of ,71;,,e_ , 2002 , by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City") , and Paul Rosen (hereinafter referred to as the "Grantor") . WITNESSETH WHEREAS, Grantor owns the real property legally described on the plat of easement prepared by Landmark Engineering Group, Inc . , Job Number 01-374 , attached hereto as Exhibit A, in Cook County, Illinois; and WHEREAS, the City of Elgin desires to obtain an easement from Grantor for the purpose of installing, constructing, operating, using, maintaining, locating, upgrading, repairing, replacing or removing sanitary sewer lines and storm sewer lines over a portion of the property owned by Grantor; and WHEREAS, Grantor has agreed to grant such an easement for such purposes pursuant to the terms and conditions of this easement agreement . PIN: 06-19-113-071 NOW, THEREFORE, for and in consideration of Ten Dollars ($10 . 00) in hand paid to Grantor, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That Grantor, being the owner of the property referenced herein, does hereby grant to the City of Elgin, an Illinois municipal corporation, a permanent and exclusive easement to install, construct, operate, use, maintain, locate, upgrade, repair, service, remove or replace sanitary sewer lines and storm sewer lines, and other appurtenances relating to sanitary sewer lines and storm sewer lines in that parcel of land located on the property of the Grantor, and legally described in Exhibit A attached hereto (hereinafter referred to as the "Easement Premises" ) . 2 . That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the Easement Premises to the same condition as existed immediately prior to the existence of such rights as is reasonably practicable and shall leave the Easement Premises and surrounding premises free from debris . 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 Easement Premises during construction or during any subsequent maintenance or repair thereof . The City further agrees to indemnify and hold -2- harmless Grantor from any and all liens placed against the Easement Premises arising from said construction activities. 4 . That the Grantor and their 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 which unreasonably interfere with the City' s intended use of the 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 . 7 . That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois . 8 . 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 either the Easement Premises . 9 . That the Grantor hereby represents and warrants to the City that it is the fee simple title holder of the Easement Premises premises and that he has the full power and -3- authority to enter into and make the grant of easement as provided herein. 10 . That this agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 11 . That this agreement shall be recorded by the City at the City' s cost with the Cook County Recorder. IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above . CITY OF ELGIN, an Illinois PAUL ROSEN municipal corporation By ,.. Mayor Attest : W4- City Clerk 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, and Dolonna Mecum, City Clerk, 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 of the uses and purposes therein set forth. Given under my hand an official seal, this k7 ( day of Au G , 2002 . i No ary Pu. is .Gay"." "�;,.�1 =a *�.,sem/'• OFFICIAL SEAL SUELLYN LOSCH • NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires Oct. 27, 2002 ; -4- 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 Paul Rosen is 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 of the uses and purposes therein set forth. Given under my hand an official seal, this //alt' day of -JUS , 2002 . Get, "OFFICIAL SEAL Notary P lic Jennifer Garda Notary Putaic,Stale of Vaujo12 iv Commies►aes 7127 12 -5-