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Home My WebLink About06-231 Resolution No. 06-231 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER LINES AND WATER MAIN PURPOSES FROM GLENWOOD SCHOOL FOR BOYS A/K/A GLENWOOD SCHOOL 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 lines and watermain purposes from Glenwood School For Boys a/k/a Glenwood School for the property legally described on Exhibit A-1 and A-2,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: September 27, 2006 Adopted: September 27, 2006 Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk � pp 2006KO09322 This Instrument Prepared by and Return After 2 10 6 K rd ID 9 3 2 2 Recording to: SANDY NEGMAN William A. Cogley, Esq. RECORDER - KANE COUNTY, IL City of Elgin RECORDED:01/24/2006 03:33PM Legal Department REC FEE: 26.00 RHSPS FEE: 150 Dexter Court PAGES: 7 Elgin, Illinois 60120-5555 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this It 4day of n/ , 2006, by and between the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the "City"), and GLENWOOD SCHOOL FOR BOYS a/k/a GLENWOOD SCHOOL, an Illinois not-for-profit corporation (hereinafter referred to as the "Grantor"). WITNESSETH WHEREAS, Grantor owns the real property depicted on the Easement Exhibit prepared by Henderson and Bodwell, L.L.P., of Elmhurst, Illinois, dated October 20, 2005, attached hereto as Exhibit A-1 and legally described on Exhibit A-2 attached hereto (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 underground water main improvements and other appurtenances related thereto under the Grantor's Parcel; and T WHEREAS, Grantor has agreed to grant such easement for such purpose pursuant to the terms and conditions of this Easement Agreement. 3 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. Water Easement. Grantor, being the owner of the Grantor's Parcel referenced herein, does hereby grant to the City a permanent and exclusive (except as set forth in Paragraph 4 hereof) easement (the "Easement") to install, construct, operate, use, maintain, locate, upgrade, repair, service, remove, or replace underground water mains and other underground appurtenances relating to water mains in, upon, and under the Grantor's Parcel ("Easement Premises"). No above-ground structures (other than manholes and hydrants) or roadways may be constructed or maintained by the City pursuant to this Easement Agreement. rea I est\rl fg1nwd.a as J I 2. Restoration of Easement Premises. 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. In all construction within the Easement Premises, the following guidelines shall control: a. Topsoil shall be stripped from the entire Easement Premises and stockpiled on Grantor's adjacent property as located and directed by City, provided, however, that in the event Grantor fails to provide such locations and directions to City, the topsoil shall be stockpiled on that portion of Grantor's property adjacent to the Easement Premises, as determined by City. Grantor hereby further grants to City a temporary easement for the purpose of stockpiling topsoil on Grantor's adjacent property; b. Excavated trench spoils shall be stockpiled separate from the topsoil as located and directed by Grantor on Grantor's adjacent property as located and directed by Grantor, provided, however, that in the event Grantor fails to provide such locations and directions to City, the excavated trench spoils shall be stockpiled on that portion of Grantor's property adjacent to the Easement Premises as determined by City. Grantor hereby further grants to City a temporary easement for the purpose of stockpiling trench spoils on Grantor's adjacent property; C. After pipe installation, trench spoils shall be placed back in the trench in uniform layers not exceeding twelve (12) inches thick (loose measure); d. Excess clay material shall be placed over the entire Easement Premises in uniform layers; e. Not less than six (6) inches of topsoil shall be respread over the entire Easement Premises. All remaining topsoil shall be evenly respread over the entire Easement Premises; f. Final grading shall be performed in such a manner that adheres to drainage patterns prior to initiation of the installation; under no circumstances shall there be any ponding of stormwater runoff in areas where ponding did not occur prior to construction contemplated in this Agreement; g. The entire Easement Premises shall be seeded with rye or oats upon completion of final grading. Planting of seed shall occur between May 1 and September 30, unless directed otherwise by Grantor; and h. Grantor shall be added as an additional insured party to all insurance policies issued to or on behalf of City with respect to any work within the Easement Premises. real est\rl fglnwd.eas S The Easement Premises and surrounding premises shall be left free from debris. 3. Indemnification. The City for itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor and its successors harmless from any and all 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 harmless Grantor from any and all liens placed against the Easement Premises arising from said construction activities. 4. Restrictions: Reservations. The Grantor and Grantor's successors shall not construct any buildings 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. Anything contained in this Agreement 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 parking lot improvements, private or publicly dedicated streets and sidewalks, bicycle and pedestrian paths, and landscaping and (ii) install utility lines and related appurtenances which cross perpendicularly through the Easement Premises as reasonably required to service any 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 Easement Premises. 5. Amendment. No amendment, revision, or modification hereof shall be effective unless it -is in writing and signed by all parties hereto. 6. Entire Agreement. 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. 7. Applicable Law. This Easement Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 8. 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 the Easement Premises. 9. Warranty of Title. The Grantor hereby represents and warrants to the City that it is the fee simple title holder of the Easement Premises and that it has the full power and authority to enter into and make the grant of easement as provided herein. 10. Binding. This Easement Agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. realestUlfglnwd.eas 11. Recordiniz. This Easement Agreement shall be recorded by the Grantor at the Grantor's cost with the Kane County Recorder. 12. 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. 13. 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. 14. Expiration of Easement. This Easement Agreement and the rights granted to the City hereunder shall expire automatically in the event the construction of the sanitary sewer and water mains contemplated in Paragraph 1 of this Easement Agreement has not been initiated within five (5) years after the date hereof. IN WITNESS WHEREOF,the parties have entered into and executed this Easement Agreement on the date and year first written above. CITY OF ELGIN GLENWOOD SCHOOL FOR BOYS a/k/a G OOD OOL B By: Mayor President and CEO Attest: City Clerk rea1estk1fg1nwd.eas 1 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, of the CITY OF ELGIN,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 and official seal, this 1\4A day of , 2006. otary ublic 'OFFT(' STATE OF ILLINOIS ) .R4.IFER QUIN i C)N ary 7 r,4c Sta'e of Ili nou (2 SS. uS/30lC8 COUNTY OF ICE ) 1, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that John Irwin,President and CEO of GLENWOOD SCHOOL FOR BOYS a/k/a GLENWOOD SCHOOL, 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 the free and voluntary act thereof for the uses and purposes therein set forth. Given under my hand and official seal, this 3,-Aay of , 2006. OFFICIAL SEAL Notary Public ADELINE C EAGAN [NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES:12/09/06 rea lest\rl fglnwd.eas EASEMENT EXHIBIT NORTH SIDE GLENWOOD SCHOOL FOR BOYS I WEST PROPERTY LINE __ _ DESCRIBED IN DOCUMENT No, BSSOOt HENRY 0.LARSON AND ELIZABETH V. I inch v 250 IL. LARSON BY DEED RECORDED AS DOCUMENT O !648085 O DECEASED JOINT TENANCY AFFIDAVIT PER DOCUMENT QUIT CLAIM DEED O No 20038074494 PER DOCUMENT O, No. 20038188284 F WARRANTY DEED u ry PER DOCUMENT o W n No. 2001N0989B8 '® a ^� BENJAMIN O uR WALKER (� BY DEED 1:7 RECORDED -' a MARCH 3. 4, 1855 IN O BOOK 36, PAGE 623 QUIT CLAIM GEED ' PER DOCUMENT NR. 20038188264 ACCESS EASEMENT PER SOUTH LM OF THESOUPHWEST QUARTER OF SEMON v7 AN RECORDED MAST 3441-7 ' DOCUMENT NO. LINE PARALLEL WITH 20.00' POINT OF BEGINNING 1957546 AND 59.25' NORTH C.3 59.26' �- WARRANTY DEED N 88'51'14" E 1556.34' PER DOCUMENT rR,1E 3,pQq No.94KD491J3 4 _ 33 4 f. _ �_B8'S1'14" w 1555.]4_ 3 3 O i Jq J 1578'37-' 42.24 50.p CORNER 7.32'N OF SECnON LINE � 20 100T UTILITY EASEMENT POIIV7'OF REC N 03'17'35" w HEREBY GRANTED COMMENCEMENT 66.66'RECORD 42.35'M v 20.01' h MEASURED a GLENWOOD SCHOOL 251.46' FOR BOYS (3.81 CHAINS) LIENDERSONand BODWELL,L.L.P. CONSULTING IWG94EUS 124 WEST DNERSEY,ELMHURST,a..601261102 TEL NO(630)834-9406 FAX NO(630)874-0329 OCTOBER 20,200$ WwwJTm�.com P,\CtIt\R.sjW,tlol L." r—\RLF02\D...fng.\Cn tip♦Slt.\S—ly P11—PLAT DC SURVEY\CLENV000 EASENENT.a.g I0/21/2m 747.52 AN CDT d' J r • .. THAT PART OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SAID SOUTHWEST QUARTER; THENCE NORTHERLY ALONG THE EAST LINE OF SAID QUARTER SECTION A DISTANCE OF 59.26 FEET, MORE OR LESS, TO A LINE DRAWN PARALLEL WITH AND 59.25 FEET NORTHERLY OF THE SOUTH LINE SAID QUARTER SECTION; THENCE SOUTHERLY ALONG SAID QUARTER SECTION LINE, A DISTANCE OF 20.00 FEET TO A LINE DRAWN PARALLEL WITH AND 20.00 FEET SOUTHERLY OF, AS MEASURED PERPENDICULAR TO, THE AFORESAID 59.25 FOOT PARALLEL LINE; THENCE SOUTH 88 DEGREES 51 MINUTES 14 SECONDS WEST A DISTANCE OF 1555. 14 FEET TO THE WEST LINE OF THE GLENWOOD SCHOOL FOR BOYS; THENCE NORTH 03 DEGREES 17 MINUTES 35 SECONDS WEST, ALONG SAID WEST LINE, A DISTANCE OF 20.01 FEET TO THE AFORESAID 52.25 FOOT PARALLEL LINE; THENCE NORTH 88 DEGREES 51 MINUTES 14 SECONDS EAST, ALONG SAID LINE, A DISTANCE OF 1556.34 FEET TO THE POINT OF BEGINNING, LYING IN KANE COUNTY, ILLINOIS. EXHIBIT