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Home My WebLink About15-54 RecordedState of Illinois ) County of Kane) City of Elgin ) CERTIFICATE OF CITY CLERK 201.6KO03712 SA"DY WEGMAM RECORDER - KANE COUNTY, IL RECUM: 1/25/2016 11:36 AN REC FEE: 47.00 FADES: 2 Information I, Kimberly Dewis, 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. 15-54 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FROM SUSANNE K. HAAS FOR RETAINING WALL 04 I [S1I1171 3 go) I I 14l Term7.9119:04 1 adopted by the Elgin City Council at its legally convened meeting held on April 22, 2015 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 January 21, 2016. Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120 l�zl� Kimberly De 's, City Clerk by: Return to: Kimberly Dewis Elgin City Clerk 150 Dexter Court U Elgin, IL 60120 Resolution No. 15-54 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FROM SUSANNE K. HAAS FOR RETAINING WALL AT 600 EAST CHICAGO STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an easement agreement from Susanne K. Haas for maintenance and repair of retaining wall at 600 East Chicago Street, 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/ David J. Kaptain David J. Kaptain, Mayor Presented: April 22, 2015 Adopted: April 22, 2015 Omnibus Vote: Yeas: 8 Nays: Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk This Instrument Prepared by and Return After Recording to: 2016KOOZ71 3 SA"Dy WaGMA" RECORDER - KANE COUNTY, IL Christopher J. Beck (itCity of Elgin REC D.CiFEEE- 51.0011:3b AM Legal Department PAGES: S 150 Dexter Court Elgin IL 60120-5555 EASEMENT AGREEMENT FOR RETAINING WALL AT 600 EAST CHICAGO STREET THIS EASEMENT AGREEMENT made and entered into this 22ndday of April 2015, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the "City"), and Susanne K. Haas, as Trustee of the Susanne K. Haas Family Trust, dated August 1, 1999 (hereinafter referred to as the "Owner"). WITNESSETH WHEREAS, the Owner is the owner of record of the real property commonly known as 600 East Chicago Street, Elgin, Illinois, having Permanent Index Number 06-13-262-014 (hereinafter referred to as the "Subject Property"); and WHEREAS, the City desires to obtain a permanent and exclusive easement from the Owner for the purpose of maintaining the concrete retaining wall located on or adjacent to the Subject Property, said easement depicted by the area designated "5.0' Maintenance Easement" on Exhibit A, being a Plat of Easement for 600 East Chicago Street, Elgin, Illinois, prepared by Alan J. Coulson, P.C., dated February 4, 2015, attached hereto and incorporated herein by this reference (hereinafter referred to as the "Easement Premises"); and WHEREAS, the Owner has agreed to grant such permanent and exclusive easement to the City for such purposes and pursuant to the terms and conditions of this Easement Agreement. -1- NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) in hand paid to Owners, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That the Owner, being the owner of the Subject Property, does hereby grant to the City a permanent and exclusive easement over, within, under, along, across and through the Easement Premises for the purpose of inspecting, maintaining, repairing, reconstructing, reinstalling, or renewing the concrete retaining wall, along with any appurtenances or facilities related thereto, located within and adjacent to the Easement Premises, together with the right of ingress and egress to and from said Easement Premises with such personnel as may be deemed reasonable and necessary in connection with the exercise of the rights granted herein. 2. That 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 exercise of such rights as is reasonably practicable, and shall leave the Subject Property and surrounding premises free from debris. 3. That the City for itself, its agents and independent contractors, hereby agrees to indemnify and hold the Owner and its successors harmless from third party claims for personal injuries or property damage arising directly as a result of the City's work in Easement Premises pursuant to this Agreement. The City further agrees to indemnify and hold harmless the Owner from any and all liens placed against the Subject Property arising from said construction or maintenance activities. 4. The Owner and the Owner's successors shall not construct any buildings or structures nor plant any trees on or affecting the Easement Premises, nor undertake any other activities on the Easement Premises that unreasonably interfere with the City's intended use thereof. -2- 5. The Owner hereby agrees that the City may utilize the services of third party contractors, employees or other agents to perform work in the Easement Premises pursuant to this Agreement. 6. That the Owner hereby represents and warrants to the City 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. 7. That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 8. 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. 9. That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois, and the venue for resolving any disputes hereunder shall be in the Circuit Court of Kane County, Illinois. 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. SIGNATURE PAGE FOLLOWS lisle 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 SUSANNE K. HAAS, as Trustee of the Municipal Corporation Susanne K. s Family Trust, dated August 1, 9 ity Manager Its: Attest: Attest: By: e�t/� By: City Clerk Its: -4- 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 Sean Stegall, City Manager, and Kimberly Dewis, 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 for the uses and purposes therein set forth. Given under my hand an official seal, this - Uri day of _Ap,'s k 2015. JENNIFER QUINTON OFFICIAL SEAL Is Notary Public, State of minis My Commission Expires January 10, 7016 STATE OF kkjLX—Q O Lk- COUNTY kCOUNTY OF rS --,) I, * *undersigned, a otarg $ublic, in and or said County, in the State aforesaid, do hereby certify that �,l , are 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 se�l.,,,this (,��/day of 1 - D -V-i 0015 "OFFICIAL SEAL" JENNIFERM. PHILLIPS Nofary Public, State of Ilfnois My Commission Expires 05105/15 -5- EXHIBIT A Plat of Easement — 600 East Chicago Street, Elgin, Illinois, prepared by Alan J. Coulson, P.C., dated February 4, 2015. EXHIBIT A -PLAT OF EASEMENT 600 E. CHICAGO STREET, ELGIN, ILLINOIS GRANTING A MAINTENANCE EASEMENT TO THE CITY OF ELGIN, KANE COUNTY, ILLINOIS A 5.0 foot easement for the purpose of maintenance of a concrete wall over, under and upon that part of Lot 13 in Central Park Addition to the City of Elgin described as follows: a strip of land over the East, Southeasterly and South 5.0 foot of said Lot 13, in the City of Elgin, Kane County, Illinois. 61.33' REC. (61.45' MEAS.) 90.07'22' 89'52'54' MEAS. MEAS, w a f L O T 1 3 N v 5.0' MAINTENANCE a EASEMENT HEREBY M GRANTED TO THE CITY OF ELGIN 32.61' MEAS. 32,38' REC, CHICAGO STREET (66.0' RIGHT OF WAY) JOB NO. C 5S9332 EA Lu LLI w x i � 3 ti M � 0 0 v �- 2 U � w 6 � b ri 0 ~ i- 25 0 25 50 75 N 0i Scale: I' = 25' LU m J R = 28.91 ' L = 45.35' CL = 40.84 ' Prepared by: Alan J. Coulson, P.C. Professional Land Surveyors 645 S. 8th Street, (Rte. 31), West Dundee, Illinois 60118 Phone: (847) 426-2911 EXHIBIT A -PLAT OF EASEMENT 600 E. CHICAGO STREET, ELGIN, ILLINOIS GRANTING A MAINTENANCE EASEMENT TO THE CITY OF ELGIN, KANE COL7NTY9 ILLINOIS A 5.0 foot easement for the purpose of maintenance of a concrete wall over, under and upon that part of Lot 13 in Central Park Addition to the City of Elgin described as follows: a strip of land over the East, Southeasterly and South 5.0 foot of said Lot 13, in the City of Elgin, Kane County, Illinois. 61.33' REC. (61.45' MEAS.) 90.07'22' 89'52'54' MEAS. MEAS. I L O T 1 3 5.0' MAINTENANCE EASEMENT HEREBY GRANTED TO THE CITY OF ELGIN 32.61' MEAS. 32.38' REC. CHICAGO STREET (66.0' RIGHT OF WAY) JOB NO. C 589332 EA W W 0: mi 25 0 25 50 75 Sale: 1' = 25' R = 28.91 ' L = 45.35' CL = 40.84 ' Prepared by: Alan J. Coulson, P.C. Professional Land Surveyors 645 S. 8th Street, (Rte. 31), West Dundee, Illinois 60118 Phone: (847) 426-2911