The URL can be used to link to this page

Home My WebLink About16-111 Recorded Resolution No. 16-111 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT WITH FOX RIVER WATER RECLAMATION DISTRICT FOR SANITARY SEWER PURPOSES IN CONNECTION WITH THE SLUDGE TRANSFER MAIN PROJECT (Northern Boundary of the City of Elgin's Sports Complex Property) 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 agreement with Fox River Water Reclamation District for sanitary sewer purposes in connection with the Sludge Transfer Main Project for the property legally described on Exhibit A of said easement agreement, 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: August 24, 2016 Adopted: August 24, 2016 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk 1 I 1111 1 1 111 111 This Instrument Prepared By and Return After Recording to ago 1 6KO& 1 4 3 William A. Cogley RECORDER- KA EEOUNTYY,,RIL City of Elgin Legal Department RECORDED: 11/7/2016 02:22 PM g P REC FEE: 71.00 RHSPS FEE: 9.00 150 Dexter Court ' ES` 7 Elgin, IL 60120-5555 EASEMENT AGREEMENT �} THIS EASEMENT AGREEMENT is made and entered into this 3�day of o�P , 2016, by and between the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the "City"), and the FOX RIVER WATER RECLAMATION DISTRICT, a municipal corporation of Kane and Cook Counties, Illinois, a sanitary district organized and existing under the laws of the State of Illinois (hereinafter referred to as the "FRWRD"). WITNESSETH: WHEREAS, the City owns certain real property located on the west side of Route 31 in the City of Elgin, Kane County, Illinois; and WHEREAS, the parties have determined that it is in their best interests for City to grant to FRWRD a sanitary sewer easement over that portion of the City's property legally described and depicted as the Sanitary Sewer Easement on the plat of easement prepared by Vanderstappen Surveying & Engineering, Incorporated for Burns & McDonnell dated November 10,2015 and revised as of January 21,2015 Sheet 2 of 2(Sheet 1 of 2 being intentionally omitted.), attached hereto as Exhibit A (such portion of the City's property depicted and legally described as the Sanitary Sewer Easement on Exhibit "A" attached hereto is hereinafter referred to as the "Easement Premises"); and WHEREAS, the parties hereto have also determined that it is in their best interests for the City to grant to FRWRD a temporary construction easement over that portion of the City's property legally described and depicted as the Temporary Construction Easement on Exhibit "A" attached hereto (such portion of the City's property depicted and legally described as the Temporary Construction Easement on Exhibit "A" attached hereto is hereinafter referred to as the "Temporary Construction Easement Premises"); and WHEREAS,FRWRD has an existing sanitary sewer easement over a portion of the City's property as provided in the sanitary sewer easement document recorded on July 6, 1961, as Document Number 952804(such portion of the City's property legally described in such previous sanitary sewer easement is hereinafter referred to as the "Previous 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 City hereby grants and conveys to FRWRD a permanent and nonexclusive easement to install,construct,operate,use,maintain,repair,service,upgrade,replace or remove sanitary sewer lines and appurtenances relating thereto, in,through,under and upon the Easement Premises. 2. That the City does hereby further grant to FRWRD a temporary and non- exclusive construction easement upon the Temporary Construction Easement Premises for the purpose of installing and constructing sanitary sewer lines and appurtenances relating thereto in the above-described Easement Premises and the Previous Easement Premises. The temporary construction easement hereby granted shall be deemed terminated upon the earlier of the following dates or events: A. Thirty(30)days after date of final completion of the original construction of the sanitary sewer improvements in the Easement Premises and the Previous Easement Premises; B. One year after commencement of the original construction of the sanitary sewer improvements in the Easement Premises and the Previous Easement Premises; or - 2 - C. The date that is two years (2) from the date and year first written above. 3. That all improvements installed or constructed by FRWRD in the Easement Premises or the Previous Easement Premises shall be underground, with the exception of manhole covers, pressure relief values and valve vault or other access covers. No buildings or improvements shall be constructed above grade by FRWRD. 4. That the City shall not construct any buildings on the Easement Premises nor undertake any other activities in the Easement Premises which unreasonably interfere with the Easement Premises and the FRWRD's intended use thereof. 5. That following the exercise by FRWRD of any easement rights granted herein, FRWRD shall promptly repair and restore the Easement Premises, the Temporary Construction Easement Premises and the Previous Easement Premises to the same conditions as existed immediately prior to the exercise of such rights as are reasonably practicable. 6. That no amendment,revision or modification hereof shall be effective unless it is in writing and signed by all of the parties hereto. 7. That FRWRD for itself, its employees, agents and independent contractors, hereby agrees to indemnify and hold the City, its officials, officers, employees,agents, successors and assigns harmless from claims arising out of FRWRD's work in the Easement Premises, the Temporary Construction Easement Premises and the Previous Easement Premises during construction or during any subsequent maintenance or repair thereof. FRWRD further agrees to indemnify and hold harmless City from any and all liens placed against the Easement Premises, the Temporary Construction Easement Premises and the Previous Easement Premises arising from said activities. 8. That notwithstanding anything to the contrary in this Agreement, it is agreed and understood that the City shall at all times continue to have full and unrestricted access to all of the City's property and the facilities located thereon whether during construction activities by - 3 - FRWRD in the Easement Premises, the Temporary Construction Easement Premises and the Previous Easement Premises, or during any subsequent maintenance or repair in the Easement Premises and the Previous Easement Premises. 9. That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 10. That it is understood and agreed that FRWRD may utilize the services of third party contractors, employees or other agents to perform work in the Easement Premises, the Temporary Construction Easement Premises and the Previous Easement Premises. 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 FRWRD at FRWRD'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 FOX RIVER WATER RECLAMATION municipal corporation DISTRICT, an Illinois municipal corporation By _ J°a/ _ IL1 .4 /, By for �‘ President Attest: Attest: < 4.f■ ke'ey 3.q■C(4___ A4/11) City Clerk ► Clerk F:\Legal Dept\Agreement\Easement-Route 31-FRWRD-clean 8-2-I6.docx - 4 - STATE OF ILLINOIS ) ) SS. COUNTYOFKANE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that David J. Kaptain, Mayor, and Kimberly A. 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 and as the free and voluntary act of the City of Elgin for the uses and purposes therein set forth. f Given under my hand an official seal, this y day ofA.& ,11 > 2016. "OFFICIAL SEAL," Notary Public BARBARA E Fl.R N r Notary Public,State of Dots My Commission Expires 08/06/19 STATE OF ILLINOIS ) ) SS. COUNTY OFKANE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Bruce R. Corn,President, and Benjamin P.Bernal, 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 of the Fox River Water Reclamation District for the uses and purposes therein set forth. cc Given under my hand an official seal, this G day of �6� 2016. OFFICIAL SEAL DOUGLAS J SCHEFLOW Notar Ptp, is NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES 08/31120 - 5 - EXHIBIT A Plat of Easement prepared by Vanderstappen Surveying & Engineering, Incorporated, dated November 10, 2015 and revised as of January 21, 2015 (Sheet 2 of 2) - 6 - V 1 FqPgx3 Y x; 11 x.x1e 1 e'a1iE�� a II i ;b." k„ �:-V :mss—alnoti -rte 1j--_ 1 i h — 1 Jill 1 II i iI"t :' W W I!i l f k 'J "p of :I, t is 141 1 II#iifit I 1Rt•, :�;III 14'31=a=i ; !j'I 111111• {ie a inti iei.113a11111 ql-,1 f 1:1131111411111811/116 A1 1s Fi a!•aa1 :='1 f 14'1-4= 1118181iIRl�' #1.1 0111!1/! al - . !!!gilaii'll!!!!111111 R11.s11• 11!1 'f Ill . f • f 7' ' : a li' fi 1* NA s } • s1A1 a61irig 11 t!� 1e- I1# Qil� i i flil taf _t l `a i'I ij .,..12x �7 1 1 3.i.2ll;.leii 1-y-r.,,..,-:va,...},;--- --- - W : ; • rcR611t �1� ',t{� lr ii11 , gg 1 ril .` Rlg1� IR1sl6.l!U S I11R4f �9'I, W 1411;1/11141;101411/1111114i11211/1 0.'"i 1 f Wf 1 ',I c FSiff I S 1i,ii $•j its ill 1 0 4i'II j 4 - 1..if If i irrsilti er l7 H !IIIIIIititglsi R a u o Q ..:W.4.1.;51. I 1! 8s a1'gJ- `11°"i 1 ,.1r Sori li111 !!elfsp I 'I 9 R 3 x {£dt^f a -f 1tI 1 I -- 1 W ',1;flifi ai3i11 e 1 1 i Is tAIIII; ;. & .1 --.- 111111 4.1,l-#1 sf4"11 i!I 1e i; 1€' �t1. "v K pp11 if itilliiiiifI1l�j�=i/ii 'I �4 g f! l� :i 7 1 1f d3 Ir 1' Rl 5 V i IIN!' 0 1 ! i rf; 3t 1 _._ ,1 I {! ___ : ,_,,,, , , ��414 i1 ill . ,'1 / � d 1 pl i / . 5 q _; 1 A I�'•. / Ix ; fix Al ' of i e. 'y f 1 I <ti,;.:. 4kL e it �,, \\' /j "' W�J) _a /� is W. i I:�' t. 11s13:iiii5 01-11° v `prcc