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Home My WebLink About15-62 Resolution No. 15-62 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT GRANT FROM FOX RIVER WATER RECLAMATION DISTRICT FOR SANITARY SEWER LINE AND STORM SEWER LINE PURPOSES (Portion of 824 Raymond Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an easement grant from Fox River Water Reclamation District for sanitary sewer line and storm sewer line purposes for the property located on a portion of 824 Raymond 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 grant 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: Apri12, 2015 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk .��OF F�Ci Clty of Elgin Memorandum 8�f ��?9rE ntcb' . Date: May 26, 2015 To: Kimberly A. Dewis, City Clerk From: William A. Cogley, Corporation Counsel Subject: Grant Easement from the Fox River Water Reclamation District regarding 824 Raymond Street Attached for the city clerk's files regarding the above-referenced matter please find: 1. Copy of attorney Douglas Scheflow's correspondence dated May 19, 2015; 2. Copy of the Kane County Recorder's receipt dated May 15, 2015; and 3. An original copy of the recorded easement grant from the Fox River Water Reclamation District which was recorded on May 15, 2015, as document number 2015K024983. W 14/V WAC bf Attachments LAW OFFICES SCHEFLOW & RYDELL SUITE 200.63 DOUGLAS AVENUE ELGIN. ILLINOIS 60120-5575 RICHARD S.SCHEFLOW TELEPHONE 847-695-2800 MAILING ADDRESS: THOMAS C. RYDELL FACSIMILE 847-695-4547 P.O.BOX 784 DOUGLAS J.SCHEFLOW WWw.SCheflowrydeII.COm ELGIN.ILLINOIS 60121-0784 May 19, 2015 William Cogley Corporation Counsel City of Elgin 150 Dexter Coutt Elgin, IL 60120 Re: Sewer Easement to City of Elgin Dear Bill: Enclosed is the original easement dated April 22, 2015 and recorded on May 15, 2015 as document No. 2015K024983. A photo copy of the receipt for recording is also enclosed. Please send reimbursement to the District. Please contact me if anything further is required. Respectfully yours, SC LOW& RYDELL Doug.as J. Scheflow DJS/cp Enclosure cc: Beth Vogt, Fox River Water Reclamation district. S:\FRWRD3\Cogley-Sewer Easement.docx 5115/2015 1A:34 AN Scheflow & Rydell TRANSAC1ItlN t 153161 Docuaents: 2015(024983 EASEMENT $66.'•s Recording Fee: $57.00 RHSP Fee: $9.00 fOTfl.: $66.00 Check: $66.00 10881 THANK YOU SAtIL?Y WEGMAN I RECORDER KANE COUNTY, IL • 201 Sk024983 SANDY WEGMAN RECORDER - KANE COUNTY, IL kti.DNDED: 5/15/2015 10:34 AM HEC FEE: 57.00 RHSPS FEE: 9.00 PAGES: 13 EASEMENT GRANT THIS GRANT OF EASEMENT made this 22 day of April, 2015 from the FOX RIVER WATER RECLAMATION DISTRICT, a municipal corporation organized and existing under the laws of the State of Illinois, (hereinafter called "DISTRICT" or "Grantor") Post Office Box 328, Elgin, Illinois 60121 to the CITY OF ELGIN, a municipal corporation organized and existing under the laws of the State of Illinois, (hereinafter called "CITY" or"Grantee"); and, WHEREAS, CITY is about to construct a Sanitary Sewer Line and a Storm Sewer Line,manholes, and other appurtenances,hereinafter collectively termed the "Sewer Lines"; and WHEREAS, in order to construct the Sewer Lines, it may be necessary or desirable for CITY to obtain a non-exclusive,permanent easement,right,privilege and authority This Document Prepared By and After Recording Return to: Douglas J. Scheflow SCHEFLOW&RYDELL 63 Douglas Avenue, Suite 200 t/ Elgin, Illinois 60120 Phone: 847-695-2800 Fax No: 847-695-4547 (Re: 824 Raymond Street) to construct, reconstruct, repair, maintain and operate a certain part of the Sewer Lines, under and through certain premises hereinafter described; and, WHEREAS, the GRANTOR owns certain property on the West side of Raymond Street, commonly referred to as 824 Raymond Street, Elgin, Illinois 60120 (hereinafter called the "Property")and legally described on Exhibit "C" attached hereto; and, WHEREAS, the Grantor is willing to grant said permanent easement, right, privilege and authority to CITY, upon the terms and conditions herein set forth: NOW, THEREFORE, in consideration of the sum of Ten and no/100 ($10.00) Dollars in hand paid by CITY to Grantor, the receipt of which is hereby acknowledged, and the covenants and conditions hereinafter contained, the Grantor hereby bargains, sells, grants, transfers and conveys to CITY, its successors and assigns, (1) the non-exclusive permanent easement, right, permission and authority to construct, reconstruct, repair; replace, operate and maintain the Sewer Lines, or lateral lines or sub-trunks connected to the Sewer Lines, manholes, and other appurtenances, (2) a permanent easement for ingress, egress, in, upon, across, over, under and through the real estate as described on Exhibit "A", excluding air rights, which is attached hereto and made a part hereof,the "Permanent Easement". AND FURTHER IN CONSIDERATION of the grant of the Permanent Easement, right, privilege and authority herein contained, this Easement Grant is subject to the following conditions: 1. NON-EXCLUSIVE: It is understood by Grantor and Grantee that the grant herein is non-exclusive. Grantor accordingly reserves the right to grant other or similar rights to other third parties over, under and across the Permanent Easement, to use the Permanent 2 Easement without exclusion to Grantee and to allow use by the public, as Grantor expressly reserves the right to use the surface, subsurface and air rights of said premises, provided, however, such use shall be subject to the rights herein granted. 2. WORK: The Sewer Lines shall be constructed through the Permanent Easement, at the sole expense of CITY, that CITY's Engineer deems advisable, and in accordance with the specifications, and plans prepared or approved by CITY's Engineer. Not less than twenty (20) days prior to the commencement of construction, CITY shall provide a copy of the final engineering plans and specifications showing all proposed improvements to Grantor for its approval. Grantor shall issue its approval in writing, which shall not be unreasonably, withheld, delayed or denied. All construction shall be in a good and workmanlike manner and the Property, must be restored to the condition in which it was in prior to construction, including but not limited to the following: a. Restore and repair all fences, roads, and improvements to the condition existing prior to the beginning of construction; b. On an ongoing basis, remove from the Property all debris, brush, rocks, stumps and dirt generated during construction and complete all such removal within seven(7) days of completion of construction; c. Within ten (10) days of completion of construction, restore all excavated and disturbed areas to grade with minimum four (4) inches suitable top soil and seed with grass mix approved by Grantor. The seed areas shall be protected with an excelsior blanket in accordance with specifications approved by Grantor; d. Restore the Property to final engineered grade as shown on the drawings approved by Grantor; e. In the event CITY fails or refuses to restore the Property in accordance with this section, then, Grantor shall be entitled to perform such restoration at its cost, which cost shall be reimbursed by CITY upon written demand, along with all reasonable costs and attorney's fees which are expended by Grantor in so doing. 3 f. CITY shall abandon in place the existing sanitary sewer on the Property pursuant to the plans and specifications approved by GRANTOR, on or before the termination date of the Temporary Construction and Staging Easement provided for herein below. Abandoned piping and structures are to be filled with materials approved by the Grantor. 3. INDEMNIFICATION: Prior to the commencement of construction, CITY or its contractor shall provide a certificate of insurance, naming the GRANTOR as an additional insured, evidencing (1)public liability insurance, including personal injury or death, with a limit of not less than Five Million ($5,000,000) Dollars and (2) property damage insurance with a limit of not less than Five Hundred Thousand ($500,000) Dollars, and(3)a Performance Bond in favor of the GRANTOR in the amount of One Hundred Thousand ($100,000.00) Dollars as security for the faithful performance of the obligations of CITY and its contractor to construct the improvements in a good and workmanlike manner and to restore the Temporary and Permanent Easements to their pre-construction conditions for the benefit of Grantors. The insurance and bond set forth in this paragraph shall remain in force for so long as the Temporary Construction and Staging Easement, referred to herein below, is in effect or is in use and for so long as any construction activities or access is required on the Property. Additionally, CITY expressly assumes all responsibility for, and shall save and keep harmless the Grantor against any loss, damage, cost or expense, including reasonable attorney's fees, which it may suffer, incur or sustain, or for which it might become liable arising from any injury to or death of persons, or loss, or damage to property, arising out of or caused in the performance of any work done by or under the authority of CITY or arising out of or by virtue of the rights granted herein or Grantees' failure to comply with any of the terms or conditions hereof. CITY shall save, keep harmless and indemnify the Grantor from any claims for mechanics' liens by reason of any 4 construction work, repairs, replacements or other work, or for any improvements made or placed upon or to the Permanent Easement by CITY. 4. SUCCESSORS AND ASSIGNS: The rights and obligations of the Grantor and CITY hereunder shall inure to the benefit of and be binding upon their respective successors and assigns, and all terms, conditions and covenants herein shall be constructed as covenants running with the land. 5. USE: After the Sewer Lines have been constructed and placed in operation: (a) The Grantor, agrees not to undertake activities or construction over or under the installed Sewer Lines which are likely to cause damage to the Sewer Lines. CITY shall have the right of access to said real estate at all times from the nearest highway or street for the purpose of reconstruction, repair, maintenance or operation of the Sewer Lines, so long as CITY provides appropriate notice to Grantor of the time, extent of repairs and time involved, and the location of said repairs, maintenance or reconstruction within 30 days prior to the time CITY intends to commence its construction. (b) The Grantor agrees that no buildings will be constructed by Grantor over the Permanent Easement, in such a manner that would unreasonably interfere with the Sewer Lines. (c) The Grantor reserves the right to construct a fence or fences over the Permanent Easement. 6. TEMPORARY EASEMENT FOR CONSTRUCTION AND STAGING : The Grantor does hereby further grant to the CITY a temporary easement for construction and staging (the "Temporary Easement") over the Property allowing access over and use of the Property for construction of the Sewer Lines and as a staging area for the overall sewer project referred to as the "City of Elgin Bluff City Project" published for bid on March 10, 2015 5 according to the terms and conditions more particularly described on Exhibit `B" attached hereto. The Temporary Easement hereby granted shall be deemed terminated, without further action, upon the earlier of the final completion of the City of Elgin Bluff City Project or the date that is two (2)years from the date and year first written above. 7. PRIOR RIGHT OF THE STATE OF ILLINOIS: Part of the Permanent Easement premises, namely Lots 1, 2, 3, 4, 5, and 6 of South Park Addition to Elgin, are subject to a grant/release to the State of Illinois for highway purposes and CITY is advised to obtain consent from the State of Illinois with respect to its rights and Grantor makes no warranty or representation in that regard. 6 IN WITNESS WHEREOF, the Grantor has caused this instrument consisting ofthirtee(i 13) pages, including Exhibit "A", Exhibit `B" and Exhibit "C" and this page, to be executed by the Grantor. FOX RIVER WATER RECLAMATION DISTRICT By: Bruce R. Corn, its President ATTEST: „ice=/ �/� BENJAMIN P. BERNAL, CLERK STATE OF ILLINOIS ) ss. COUNTY OF KANE ) I, the undersigned, a Notary Public, in and for the said County in the State aforesaid, DO HEREBY CERTIFY that ?rack R. n , President and rry� , Clerk of the FOX RIVER WATER RECLAMATION DIS CT, who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Clerk, appeared before me this day in person and severally acknowledged that they signed sealed and delivered the said instrument in writing as their free and voluntary act and as the free and voluntary act of the said FOX RIVER WATER RECLAMATION DISTRICT for the uses and purposes therein set forth, pursuant to authority given by the Board of Trustees of said District and caused the corporate seal of said District to be thereto attached. Given under my hand and notarial seal this 1r day of , 2015. OFFICIAL SEAL dACA1EUNE A HAAq(ER c)\6,4' IAA) WARY PU UC-STATE OF IWNOIs No Public MY OMISSION E 1ESO7/3Q116 7 CITY OF ELGIN, an Illinois municipal corporation B Y � lsi�/i..-∎ f . _ David Alai � ayor Attest: . . . _La.. All Kimberly Dewis, ity 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 David Kaptain, Mayor, 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 acknowledge that they signed and delivered the said instrument as the free and voluntary act of the City of Elgin, for the uses and purposes therein set forth. Given under my hand an official seal,this (®, day of , 2015. mo ..:... T f ois,xs 6 Not. Public FR WRD3\824_Raymond_St_Easement V 2.doc 8 EXHIBIT"A" LEGAL DESCRIPTION - PERMANENT EASEMENT SEE THE PLAT OF SURVEY ENTITLED GRANT OF CITY EASEMENT ATTACHED HERETO AND MADE A PART HEREOF 9 r • • EIMIIBIT EIS OF PART OF THE SOUTH 11711E OF SECTION 2 4,TOWNSHIP{1 NORTH,RANCE S,EAST d 2 7.0 OF THE THIRD PRINCIPAL MERIDIAN.IN THE CITY OF ELGIN,KANE COUNTY.ILLINOIS. -7A-.fJT-000 R 1 A9 I I LAS ROUTE zo az,- ' I 1 g- —7 i INa RNYUC�Haa R� I �� _� soar e I .c € _ scow PARK EASTERLY LILT Or Haar S I j1LROFSFI \ AeaTZry l ;I.11 I �� .-4 ' ci n I Ts972bet F`ja TaSAQ Iota l PONT OF /'� I `` N. SOIARRY lK O•Had'S J ... r 1--71 r I I \\ \` roar RQW.UUE if- o Cr. I \ °j tj RAMRW A 1FE i \��'y{, a 1 Lu Y td CA40Y RA4�MY `\ I ) !! I a 1 d ,� 1 I I if I I �� - - E. ! a - unINLUZI aoamc N. BLUFF y�y� THAT PAR/O•AC OAHU NAL,p'SWIM 24 TOMN M.AT NORM RAMC 4 EAST d AC �IO7'�—Y \ CITY X I TNRO P71NL>rAL IiNIEAII MONIED AS Pp/ORS I `•�\ a SSA•1H' ,E BLVD. w tOMR!AT AT=wow coma Or HRd S OF scum PAN MOTION To OLE Woo A 1 `� Itl SLaNIOaN N MO SWOON 24 RECORDED OI SAY a NAN ALq MN AC NESTEHT I 41 27. iANNT-O•-00.IOC Or RAM=SAWA RENT Aiwa S1p orsiv LY SAINT-O•-RAY LINE y Sam Of MIMES SJ MAW,tt SCRAM NM N1L ROT A A.EO N SAO now-or-ow ONCE cO M'IA0 ALONG SIN 1800-0,IRr UM.SOWN M LOOM M ZR MMI1E3 TO SILVNS INN 1427 PISA AOKE CONMRNµpH SIN RAAO ENY IRE I SOWN OS OLOtlO3 V AMPRS s SOONER MC ACa Ms POLE AEON N HORS N I I ..— — NW=It LOANS mar.x74.1 PEEP,81174;SWN n OLIN=07 OW=N SECONDS ' I...— _ W IRS7.LOIN FM N AC RSTORP LAC Or LAN HOOTS ALSO aB AC EAfE4Y I • C RqT-Or-111N me O'THE IT PAWN RAUIOAD O QplAlr MOON AS AS IO R I HOIMEQ/ON RAEMY )NOW ALAN SAO LK NOON L 0171105 4T AST t d NONA EAST.5673 REA NORM h LOta ro MUTES a SECONDS EAST, I ` 117TI PISA TINNT SOWN M DAWN MI AINRA IA LWNR IASP,,IAE.E1 RTA WENT b AO Al M DO SCOW MES L T.77.7 UT SIXONOS l EAST,RStI PISA THO E 7101711 OR NORM AI otwo SAO rr LAC N d Itlt r SE.S HG ra2O�TO TAE POINT O'LO NPAI M M OTY or OAOL WC COMM ELMS too GRAPHIC e SCALE Te MD1 ® -I ::11...T. ...1. S�m1n v J.l a Iamv te/aAO1I•• ......q rwr N,.w w w EA...t ttlNIL I •TIAPNP Y M b N oty owbrtlw or rows'toy.. n�,.Mwl cannot�± Moot aM 0,...... . N Y R ar w.Nw M z Mw..:b •11.w�.wl.N.Nwrwn.nb I aMw ww.b■uAr Omen onA noted,•N.NON.MN w wooed 717 NOON II.Vi ]/17/2015 11:71]0 NI 1 OF 1 Y ‘V"*"•.\le"""532\SwvH\OM.‘M110S1]_avwL'.A.a • Exhibit A 10 EXHIBIT`B" TEMPORARY EASEMENT FOR CONSTRUCTION AND STAGING The Temporary Easement for Construction and Staging shall be subject to the terms of the Permanent Easement and the following additional terms and conditions: The construction contractor for the CITY (Contractor), its subcontractors, employees and agents shall be bound by the terms of the Temporary Easement. The CITY shall prepare a drawing of the site for use by the parties to sketch the approximate locations of areas and improvements that are the subject of this Temporary Easement(Drawing). . The Contractor shall protect the integrity of the railroad tracks on the Property and of the stone covering on the tracks at all times to prevent damage to the tracks. Contractor shall restore and repair all fences, roads, railroad tracks, retaining walls and improvements to the condition existing prior to the beginning of the Temporary Construction Easement. The Contractor shall comply with applicable ordinances and plans and specifications regulating storm water runoff protection.at all times. The Contractor shall take appropriate precaution to protect the CITY's existing sanitary sewer on the Property from collapse or blockage. The Contractor shall take appropriate precautions to protect existing fences, gates, blacktop, floor slabs, and retaining walls, on the Property. The Contractor shall take appropriate precautions to protect the GRANTOR's 24 inch force main sewer, located off site of the Property from damage due to vibration or subsidence and be prepared to repair the force main. There shall be no construction adjacent to the force main without prior notice to and approval by GRANTOR. The Contractor shall take appropriate precautions to protect existing mature trees on the Property that are not impacted by the construction within the permanent easement. Backfill from on-site construction activities only may be stored in the natural area North of the Bluff City entrance gate, as depicted on the Drawing and shall be removed promptly to avoid unnecessary tree damage. 11 Construction staging for off-site construction work shall be located in the area South of the Bluff City entrance gate as depicted on the Drawing. The GRANTOR shall have no responsibility or liability to CITY or Contractor for loss or damage to property or for injuries to persons on the Property from vandalism, theft, casualty or otherwise during the effective dates of the Temporary Easement. 12 EXHIBIT"C" LEGAL DESCRIPTION—PROPERTY (West of Raymond Street) PARCEL ONE: LOT 1 AND THE WEST 64 FEET OF LOT 2 IN BLOCK V OF SOUTH PARK ADDITION TO ELGIN,IN THE CITY OF ELGIN,KANE COUNTY,ILLINOIS. PARCEL TWO: LOT 2 (EXCEPT THE WEST 64 FEET) AND LOT 3 IN BLOCK V OF SOUTH PARK . ADDITION TO ELGIN,IN THE CITY OF ELGIN,KANE COUNTY,ILLINOIS. PARCEL THREE: LOT 4 IN BLOCK V OF SOUTH PARK ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY,ILLINOIS. PARCEL FOUR: LOT 5 IN BLOCK V OF SOUTH PARK ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY,ILLINOIS. PARCEL FIVE: LOT 6 IN BLOCK V OF SOUTH PARK ADDITION TO ELGIN, IN THE CITY OF ELGIN, KANE COUNTY,ILLINOIS. PARCEL SIX: THAT PART OF THE SOUTH 1/2 OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION; THENCE NORTH ALONG THE EAST LINE OF SAID QUARTER SECTION 11.20 CHAINS FOR THE POINT OF BEGINNING; THENCE SOUTH 72 DEGREES EAST TO THE WESTERLY LINE OF RAYMOND STREET; THENCE NORTHERLY ALONG SAID WESTERLY LINE TO THE SOUTH LINE OF BLOCK V OF SOUTH PARK ADDITION TO ELGIN; THENCE WEST ALONG SAID SOUTH LINE TO THE EAST LINE OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY; THENCE SOUTHERLY ALONG SAID EAST LINE TO A POINT 184.7 FEET NORTHERLY OF THE INTERSECTION OF SAID EAST LINE WITH THE EASTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO, MILWAUKEE AND PACIFIC RAILROAD COMPANY; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF THE PROPERTY OF THE CHICAGO AURORA AND ELGIN RAILWAY COMPANY, 452.6 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 623.7 FEET,A DISTANCE OF 112 FEET TO A POINT NORTH 74 DEGREES WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 74 DEGREES EAST TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PINS: 06-24-331-001 06-24-331-002 06-24-331-003 06-24-331-004 06-24-331-005 06-24-331-006 COMMON ADDRESS: 824 RAYMOND,ELGIN IL 60120 13 \/,