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Home My WebLink About10-175State of Illinois ) County of Kane) City of Elgin ) CERTIFICATE OF CITY CLERK i mi�nui� aO I OKOESOS72 SANDY WEGMAN RECORDER - KANE COUNTY, IL REINED. 9/17/2@10 8:48 AM F:r- FEE: 29.110 PAGES: 8 Information I, Diane Robertson, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of: RESOLUTION NO. 10 -175 I�Y�]QI�SJ�I ACCEPTING AND AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR STORM SEWER PURPOSES FROM SENIOR LIFESTYLE CORPORATION (Portion of 508 N. McLean Boulevard) adopted by the Elgin City Council at its legally convened meeting held on September 8, 2010. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this September 14, 2010. This rBYient prepared by: William A. Cogley Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120 � v Diane Robertson, My Clerk Return to: Diane Robertson Elgin City Clerk 150 Dexter Court Elgin, IL 60120 aO I OKOESOS72 SANDY WEGMAN RECORDER - KANE COUNTY, IL REINED. 9/17/2@10 8:48 AM F:r- FEE: 29.110 PAGES: 8 Information I, Diane Robertson, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of: RESOLUTION NO. 10 -175 I�Y�]QI�SJ�I ACCEPTING AND AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR STORM SEWER PURPOSES FROM SENIOR LIFESTYLE CORPORATION (Portion of 508 N. McLean Boulevard) adopted by the Elgin City Council at its legally convened meeting held on September 8, 2010. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this September 14, 2010. This rBYient prepared by: William A. Cogley Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120 � v Diane Robertson, My Clerk Return to: Diane Robertson Elgin City Clerk 150 Dexter Court Elgin, IL 60120 Resolution No. 10 -175 RESOLUTION ACCEPTING AND AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR STORM SEWER PURPOSES FROM SENIOR LIFESTYLE CORPORATION (Portion of 508 N. McLean Boulevard) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City of Elgin hereby accepts and Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute an easement agreement for storm sewer purposes from Senior Lifestyle Corporation 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. Presented: September 8, 2010 Adopted: September 8, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk s/ Ed Schock Ed Schock, Mayor This Instrument Prepared By and Return After Recording to: William A. Cogley City of Elgin Legal Department 150 Dexter Court Elgin, IL 60120 -5555 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ( "Agreement ") is made and entered into this 8th day of September , 2010, by and between the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the "City "), and SENIOR LIFESTYLE CORPORATION, an Illinois corporation (hereinafter referred to as the "Grantor "). WITNESSETH: WHEREAS, the Grantor owns certain real property commonly known as 508 N. McLean Boulevard and 1465 Eagle Road, Elgin, Kane County, Illinois; and WHEREAS, the parties have determined that it is in their best interests for Grantor to grant to the City an easement over that portion of Grantor's property legally described on Exhibit "A" attached hereto (such portion of Grantor's property legally described on Exhibit "A" attached hereto is hereinafter referred to as the "Easement Premises "). NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) in hand paid to Grantor, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That subject to the succeeding provisions of this Agreement, Grantor hereby grants and conveys to the City of Elgin, an Illinois municipal corporation, a permanent and exclusive (except as set forth in Paragraph 2 hereof) easement to install, construct, operate, use, maintain, repair, service, upgrade, replace or remove storm sewer lines and appurtenances relating thereto, in, through, under and upon the Easement Premises. 2. That the Grantor shall not construct any buildings or structures on the Easement Premises nor undertake any other activities which unreasonably interfere with the Easement Premises and the City's intended use thereof. Notwithstanding the foregoing, the Grantor its successors and assigns shall have (and hereby reserves) the following rights: (a) the right to construct or otherwise install within over, under, or upon the Easement Premises surface improvements consisting of parking lot improvements, driveways, private or publicly dedicated streets and sidewalks, bicycle and pedestrian paths and landscaping (collectively "Surface Improvements "); (b) the right to grant to other utility companies an easement and right to install their utilities (such as, by way of example, electric or gas lines) either (i) at right angles through the Easement Premises and /or (ii) within the northern -most five (5) feet of the Easement Premises as reasonably required to service any development on Grantor's property, provided that such is done in a manner that does not unreasonably interfere with the City's intended use of the Easement Premises. 3. That the Grantor hereby further grants to the City of Elgin a temporary construction easement on the ten -foot (10') -wide portion of Grantor's property located immediately north of the Easement Premises (the "Temporary Easement Premises ") for the purposes of installing, constructing, maintaining, repairing, servicing, upgrading, replacing or removing storm sewer lines and appurtenances relating thereto, in, through and under the adjacent Easement Premises. Such temporary construction easement shall automatically expire on December 31, 2011. -2- 4. That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the Easement Premises, the Temporary Easement Premises, and any Surface Improvements to substantially the same condition as they may have existed immediately prior to the exercise of such rights. 5. That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all of the parties hereto. 6. That the City for itself, its agents, independent contractors, employees, and third party contractors, hereby agrees to indemnify and hold Grantor and his successors harmless from third party claims for personal injuries or property damage arising directly as a result of the City's work in or around the Easement Premises or the Temporary 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 Easement Premises arising from said construction activities. 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 the Easement Premises. -3- 10. That the Grantor hereby represents and warrants to the City it is the fee i simple title holder of the Easement Premises and the Temporary 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. 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 SENIOR 'IFESTYLE CORPORATION municipal corporation By By �� C 'doe�� q Its Mayor Attest: City Clerk FALegal Dept \AgreementTasement - Senior Lifestyle -508 N McLean 1465 Fagle -clean 7- 7- 10.doc 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 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 � , Z 'A 2010. "OFFICIAL SEAL "°�"'�� BARBARA E. FURMAN Notary Public Notary Public, State of Illinois My Commission Expires 0 810 612 01 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 /2obeY-F GT-w k—* the U-cA P.cS �1�afof Senior Lifestyle Corporation, 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, and as the free and voluntary act of the said Senior Lifestyle Corporation, for the uses and purposes therein set forth. Given under my hand an official seal, this 4! Ih day of 2010. Xlgx"� Nota Public 1AL SEAL OFFlC r_ iU;E DP,PHNI - V` , os c5H C'r NOTE pObS, EYPIRE� 2•y2014 MY Cpy VA on - 5 - EXHIBIT "A" (Legal Description of Easement Premises) The Southerly 20 feet of that part of the East half of the Southwest quarter of Section 10, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point on the West line on said East Half, 30 rods, 1 foot 6 inches North of the South line of said quarter section; thence North along eighth section line 20 rods, 1 foot; thence East parallel to the South line of said quarter section 79 rods, 12 feet, 6 inches to the West line of Public Highway; thence South along West line of said highway 20 rods, I foot; thence Westerly 79 rods, 12 % feet to the point of beginning, in the city of Elgin, Kane County, Illinois. a M5