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Home My WebLink About03-311 Resolution No. 03-311 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER PURPOSES FROM THE NANCY J. DEIHS TRUST (Far West Area) 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 for sanitary sewer purposes from Nancy J. Deihs, not personally but as Trustee under the Nancy J. Deihs Trust, 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: November 19, 2003 Adopted: November 19, 2003 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk • 125 tZiC.3F.( 4960 MAP ATTACHED SANDY RECORDER GMAN KANE COUNTY, IL RECORDED OH 11/25/2003 01:56PM This Instrument Prepared By and REC FEE: 39.00 Return After Recording To: PAGES: 5 William A. Cogley City of Elgin ft -41; Legal Department 1)A 150 Dexter Court Elgin IL 60120-5555 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this (qy -day of Wo en. 2003, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter rererred to as the "City"), and Nancy J. Deihs, not personally but as Trustee under the Nancy J. Deihs Trust (hereinafter referred to as the "Grantor"). WITNESSETH WHEREAS, Grantor owns the real property legally described on the Plat of Easement prepared by Manhard Consulting„ Ltd. of Vernon Hills, Illinois, dated June 2, 2003, attached hereto as Exhibit A, in Kane County, Illinois (the "Grantor's Parcel"); and WHEREAS,the City of Elgin desires to obtain easements from Grantor for the purpose of installing,constructing,operating,using,maintaining,locating,upgrading,repairing,replacing or removing sanitary sewer line improvements and other appurtenances pertaining thereto over a portion or portions of the Grantor's Parcel; and WHEREAS,Grantor has previously granted the City an easement for sanitary sewer line and water main improvements over property adjacent to the Grantor's Parcel,such easement being memorialized by a certain Easement Agreement recorded in the Office of the Kane County Recorder as Document No. 2001K081141; and WHEREAS, Grantor has agreed to grant an additional easement for the purposes of expanding the sanitary sewer line easement premises pursuant to the terms and conditions of this Easement Agreement,it being Grantor's intention to supplement the original easement referenced above. realest\deihs.eas 1 C / � 1 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. Sanitary Sewer Easement. That Grantor,being the owner of the Grantor's Parcel referenced herein, does hereby grant to the City of Elgin, an Illinois municipal corporation(the "City"), a permanent and exclusive easement (the "Sewer Easement") to install, construct, operate,use,maintain,locate,upgrade,repair,service,remove or replace sanitary sewer lines and other appurtenances relating to sanitary sewer lines in, upon and under that portion of the Grantor's Parcel labeled as"Sewer Easement" on Exhibit A attached hereto. 2. Temporary Construction Easements. That Grantor does hereby further grant to the City a temporary construction easement over that portion of Grantor's Parcel labeled as "Temporary Construction Easement"on Exhibit A attached hereto(hereinafter referred to as the "Temporary Construction Easement Premises")allowing access over and use of said Temporary Construction Easement Premises for the purpose of constructing the sanitary sewer improvements on the above-described Sewer Easement. The Temporary Construction Easement hereby granted shall be deemed terminated upon the completion of the original construction of the sanitary sewer line improvements in the Sewer Easement but in any event shall automatically expire five (5) years from the date of the recording of this Easement Agreement. 3. Restoration of Sewer Easement and Temporary Construction Easement Premises. That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the Sewer Easement 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 Sewer Easement and the Temporary Construction Easement Premises and surrounding premises free from debris. All field tiles and laterals which may be interrupted or damaged by the work contemplated in this Easement Agreement shall be located and mapped, and copies of reports and location plans shall be provided to Grantor. All functioning tiles damaged by the City shall be repaired and restored to operation, and reports of such work shall be delivered to Grantor. 4. Indemnification. 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 or indirectly as a result of the City's work in the Sewer Easement 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 Sewer Easement or the Temporary Construction Easement Premises arising from such construction activities of the City. 5. Restrictions: Reservations. That the Grantor and Grantor's successors shall not construct any buildings on the Sewer Easement nor undertake any other activities on the Sewer Easement which unreasonably interfere with the City's intended use of the easement premises. realest\deihs.eas 2 r ` Anything herein contained to the contrary notwithstanding,it is understood that the Grantor shall have (and hereby reserves) the right to (i) construct or otherwise install surface improvements consisting of bicycle and pedestrian paths, publicly dedicated and private streets, sidewalks, wetland mitigation and buffer areas, and landscaping, and (ii) install utility service lines which run perpendicularly across the Sewer Easement premises as reasonably required to service the development on the Grantor's Parcel, provided that such is done in a manner which does not unreasonably interfere with the City's intended use of the Sewer Easement premises. 6. Amendment. That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 7. 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. 8. Applicable Law. That this Easement Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 9. 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 either the Sewer Easement or the Temporary Construction Easement Premises. 10. Warranty of Title. That the Grantor hereby represents and warrants to the City that it is the fee simple title holder of the Sewer Easement 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. Binding. That this Easement Agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 12. Recording. That this Easement Agreement shall be recorded by the City with the Kane County Recorder at no cost to Grantor. 13. Joint Preparation. This Easement Agreement is and shall be deemed and construed to be the joint and collective work product of the Grantor and the City and,as such,this Easement Agreement shall not be construed against either party,as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency,ambiguity,vagueness or conflict, if any, in the terms or provisions contained herein. realest\deihs.eas 3 3 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 NANCY J. DEIHS TRUST municipal corporation L► �� By: . �/ By � � '-= Mayor Nancy J. Deihl, Tru ATTEST: R)-"v"--° City Clerk STATE OF ILLINOIS ) ) SS. COUNTY OF KANE I,the undersigned, a Notary Public, in and for said County, in the State aforesaid, d o 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 day of NOV. 2003. 8ik T OTARY PUBLIC STATE OF ILLINOIS ) , "OFFICIAL SEAL" SS. Z SUELLYN LOSCH % Notary Public,State of Illinois COUNTY OF K A N E Z My Commission Expires 10/27/06 I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Nancy J. Deihs, personally known to me to be the Trustee of the Nancy J. Deihs Trust and the same person whose name is subscribed to the foregoing instrument,appeared before me this day in person and acknowledged that she signed and delivered the said instrument as the free and voluntary act of the said Nancy J. Deihs Trust for the uses and purposes therein set forth. Given under my hand an official seal,this•-t day of August, 2003. 4971 "OFFICIAL SEAL"NoTAav NOTARY PUBLIC PUBUC CHRISTINA SORENSEN STATE s COMMISSION EXPIRES 10/02/04 AAAA A Q I 1 realest\deihs.eas 4 20Q 03 K 2 0 'T 9 V(