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Home My WebLink About03-313 Resolution No. 03-313 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER PURPOSES FROM KIMBALL HILL, INC. (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 Kimball Hill , Inc . 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 • .7.17 ID i<J2Qa4 '9G)4 SANDY WEGNAN , j �� , - RECORDER MAP ATF C `1'_ ANE COUNTY, IL This Instrument Prepared RECORDED ON iii25/2003 01:56PM by and Return After Recording to: REG FEE: 41. 00 illiam A. Cogley PAGES: 6 � City of Elgin c,\\ Legal Department 150 Dexter Court Elgin IL 60120-5555 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this (QT!{day of /V OV. 2003, by and between THE CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the "City"), and KIMBALL HILL, INC., an Illinois corporation (hereinafter referred to as the "Grantor"). WITNESSETH WHEREAS, Grantor owns the real property legally described on Plats of Easement prepared by Manhard Consulting, Ltd., of Vernon Hills, Illinois, dated April 29, 2003, attached hereto as Exhibit A, in Kane County, Illinois (the "Grantor's Parcel"); 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 other appurtenances related thereto over a portion or portions of the Grantor's Parcel; and WHEREAS, Grantor has agreed to grant such an easements 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. Sewer Easements. 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 (except as set forth in Paragraph 5 hereof) easement (the "Sewer Easement") in, across, and under the Grantor's Parcel 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 those portions of the Grantor's Parcel labeled as "Sewer Easement" on Exhibit A attached hereto and incorporated herein by this reference. 2. Temporary Construction Easements. 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 -1- Temporary Construction Easement Premises for the purpose of constructing the sanitary sewer improvements on the Easement Premises. 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 premises, but in any event shall automatically expire two (2)years from the date of the recording of this Easement Agreement. 3. Restoration of Sewer Easement Premises and Temporary Construction Easement Premises. Following the exercise by the City of any easement rights granted herein, the City, in pursuance of the provisions of a certain Sewer Line Construction, Contribution and Recapture Agreement dated June 13, 2003, made and executed as consideration for the execution by the Grantor of this Easement Agreement, shall promptly repair and restore the Sewer 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 Sewer Easement premises and the Temporary Construction Easement Premises and surrounding premises free from debris. 4. Indemnification. The City for itself, its employees, agents and independent contractors, hereby agrees to indemnify and hold Grantor and its successors harmless from any and all claims for personal injuries or property damage arising directly as a result of the City's work in the Sewer 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 Sewer Easement premises or the Temporary Construction Easement Premises arising from such construction activities of the City. 5. Restrictions: Reservations. The Grantor and Grantors successors shall not construct any buildings or other structures 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. 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, construct, operate, use, maintain, locate, upgrade, repair, service, remove, or replace utility service lines which run perpendicularly in, across, and under 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. No amendment, revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 7. Entire Agreement. Except as set forth in the Sewer Line Construction, Contribution and Recapture Agreement referenced in the foregoing Paragraph 3, 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. This Easement Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 9. Contractors. 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 premises or the Temporary Construction Easement Premises. 10. Warranty of Title. The Grantor hereby represents and warrants to the City that it is the fee simple title holder of the Sewer 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. Binding. This Easement Agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 12. Recording. This Easement Agreement shall be recorded by the City at the Grantor's cost with the Kane County Recorder. 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 14. Release of Easement. The City may terminate this instrument by recording a release in recordable form with directions for delivery of same, whereupon all rights, duties, and liabilities hereby created shall cease and be of no further force or effect. For convenience, such instrument may run in favor of"the owner or owners and parties interested in the Grantor's Parcel." 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 municipal corporation KIMB• L INC. BY . By: ♦na.i .1 .r.� Mayor r • Presi; '' O O Del_. Attest: Atter: / ot-)„Ltei City Clerk *sr Secretary 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. -3- Given under my hand and official seal, this jq day of MO y, 2003. hien Voetk...) No a he Alt vYYr�f�J`J yF�EJf��Y. .j f STATE OF ILLINOIS ) "OFFICIAL SEAL" SS SUELLYN LOSCH COUNTY OF 1c-1 I`C'E CoOK__ NotaryPublic,State of Illinois .� My Commission Expires 10127 06 I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that $ u% Ve s S and q"(.f 14.1 eo1,t4.1 personally known to me to be the 1j;cj, President and f'Scr. Secretary, respectively oT KIMBALL HILL, INC., 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 the free and voluntary act of said corporation for the uses and purposes therein set forth. Given under my hand and official seal, this 3 D day of • .• -2 0103. Notary Public OFFICIAL SEAL LORI J. FELTES NOTARY PUBLIC,STATE OF IWNOIS MY COMMISSION EXPIRES 004.2007 -4- 2003 K 2 0 Li 9 6 4-2003K20Li96