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Home My WebLink About09-222 Resolution No. 09-222 RESOLUTION AUTHORIZING EXECUTION OF AN ACCESS EASEMENT AGREEMENT WITH SHERMAN HEALTH SYSTEMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an Access Easement Agreement with Sherman Health Systems on behalf of the City of Elgin for access for the benefit of the city and the public for a non-exclusive easement for ingress and egress for vehicular traffic over and across the cul de sac property located at the western terminus of Holmes Road, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: October 14, 2009 Adopted: October 14, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk Memorandum City of Elgin Date: October 27, 2009 To: Mary Giffort, Paralegal From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 09-222, Adopted at the October 14, 2009, Council Meeting Enclosed you will find the agreement listed below. Please return one fully executed and recorded cony to the City Clerk's office for the City's records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Access Easement Agreement with Sherman Health Systems *Note: This document is being recorded by Bud Heimburg's office. This Instrument Prepared By and After Recording Return To: Richard L. Heimberg, Esq. Brady&Jensen,LLP 2425 Royal Boulevard Elgin,Illinois 60123 (847)695-2000 phone (847)695-3243 fax ACCESS EASEMENT AGREEMENT THIS ACCESS EASEMENT AGREEMENT is made and entered into as of the day of Lujo-Ar2009, by and between SHERMAN HEALTH SYSTEMS, an Illinois not-for-profit co ration("Grantor")and the CITY OF ELGIN,an Illinois municipal corporation("Grantee"). WITNESSETH: A. Grantor is the owner of record of the real estate legally described in Exhibit A attached hereto and incorporated herein by this reference, said property consisting of approximately .24 acres in the City of Elgin,Kane County,Illinois(the"Subject Property"). B. The Subject Property is currently improved with a paved cul de sac and is attached to the point of termination of Holmes Road. C. Grantor desires to grant to Grantee an access easement across the Subject Property for the benefit of the Grantee and the public, subject to right of either Grantor or Grantee to terminate such access easement on the terms and conditions set forth herein. NOW, THEREFORE, for and in consideration of the mutual agreements and covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which Grantor and the Grantee hereby acknowledge, Grantor and Grantee hereby agree as follows: 1. The foregoing Recitals are hereby incorporated in this Access Easement Agreement as if fully set forth in this Paragraph 1. 2. Grantor hereby grants to Grantee for the benefit of the Grantee and the public a non-exclusive easement for ingress and egress for vehicular traffic over and across the Subject Property. For purposes of this Access Easement Agreement, the parking of motor vehicles and related equipment in the Subject Property is expressly prohibited. 3. Grantee acknowledges and agrees that the surface improvements on the Subject Property were constructed in accordance with the plans and specifications submitted by Grantor to Grantee during the permitting process and that Grantee is satisfied with the current condition thereof. 4. The parties acknowledge and agree that (a) it shall be Grantor's responsibility during the term of this Access Easement Agreement to maintain the improvements on the Subject Property from time to time in good condition in the same manner as if such improvements were publicly dedicated and (b) it shall be Grantee's responsibility during the term of this Access Easement Agreement for snow removal on the Subject Property. 5. The Grantor shall not construct any buildings,plant any trees or undertake any other activities on the Subject Property which unreasonably interferes with the Grantee's or the public's intended use of the Subject Property for ingress and egress for vehicular traffic. 6. The easement hereby declared across the Subject Property shall be perpetual and shall run with the land. Notwithstanding the foregoing, Grantor may terminate this Access Easement Agreement upon sixty(60) days written notice to the Grantee that the Grantor is selling the Subject Property or that the Grantor intends to develop the Subject Property. The Grantee may also terminate this Access Easement Agreement and the easement granted herein upon sixty(60)days written notice to the Grantor. Any such notice of termination by either Grantor or Grantee to the other party shall specifically refer to the easement granted in this Access Easement Agreement. 7. This Access Easement Agreement may be recorded by Grantee at no cost or expense to Grantor. 8. No amendment, revision, or modification of this Access Easement Agreement shall be effective unless it is in writing and signed by all parties hereto. 9. This Access 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. 10. This Access Easement Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 11. Grantor hereby represents and warrants to Grantee that it is the fee simple title holder of the Subject Property and that it has the full power and authority to enter into and make the grant of easement as provided herein. 12. This Access Easement Agreement is and shall be deemed and construed to be the joint and collective work product of Grantor and Grantee and, as such, this Access Easement Agreement shall not be construed against either party as the otherwise purported draftor 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. IN WITNESS WHEREOF, the parties have entered into and executed this Access Easement Agreement on the date and year first above written. SHERMAN HEALTH SYSTEMS By: !'J its ATTEST: By: R ,!�Q Its 9-44,.� 2 State of Illinois) SS County of Kane ) I, the undersigned,totary.Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that c - .( z o , Rc s� ,1i- v CC O and )(-c,'+t t�o ttt N , Ad ni I- qtr c+t; ty�e�rlT , f SHERMAN HEALTH SYSTEMS,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, sealed and delivered the said instrument as their free and voluntary act, and the free and voluntary act of said corporation, for the uses and purposes therein set forth. 0111FICIALSIM Given under my hand and official seal 11diA 11 tA1W this��day of Se '-, 2009. 0 �Y Poft " TEREb. lmycoaxAmm 201 Notary Public ivi„ LCOMMI1111111111101111 Ex lros Feb. I,2011 Notary Public CITY OF ELGIN,an Illinois munici l co oration By Mayor ATTEST- City Clerk STATE OF ILLINOIS ) SS. COUNTY OF KANE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Ed Schock, Mayor, and Diane Robertson, 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 /Y day of�' 2009. "t3€FICIAL SEAL" MMY GtFFORT Notary Public,State of Illinois [My Commission Expires 0611312012 otary ublic F:\Legal Dept\Agreement\Sherman Health Systems-Access Easement Agr-clean-7-29-09.doc 3 EXHIBIT A That part of the Southwest Quarter of Section 32, Township 42 North, Range 8 East of the Third Principal Meridian bounded and described as follows: Commencing at the intersection of the East line of the Southwest Quarter of said Section 32 with the South line of the North 468.03 feet of the Southwest Quarter of said Section 32; thence South 00°40'18" West along the East line of the Southwest Quarter of said Section 32 a distance of 542.78 feet to the North line of Holmes Road as dedicated by Jaynes Industrial Park Subdivision, recorded June 2, 1987 as Document No. 1844959 and the point of beginning; thence continuing South 00'40'18" West along said line, 70.00 feet; thence North 89°29'06" West, 9.28 feet to a cusp; thence Southerly, Northerly and Easterly along a non-tangent curve being concave Easterly having a radius of 57.50 feet, a central angle of 285°00'34" and a chord bearing of North 00°30'54" East a distance of 286.03 feet; thence South 89°29'06" East along a line non-tangent to the last described curve, 9.48 feet to the point of beginning, all in Kane County, Illinois. Containing 10476.519 t sq. ft.