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Home My WebLink About16-56 Recorded t IL' 1111 201 r6K0 1 S7168. ANDY 164.1EGh1 t-4 RECORDER - KANE COUNTY IL State of Illinois) County of Kane) RECORDED: 4/21/2016 10:49 AM City of Elgin ) REC FEE: 53.00 PAGES: 10 Recording Information CERTIFICATE OF CITY CLERK 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. 16-56 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM JOHN A. HALLBERG AND CAREN B. HALLBERG(10N135 NESLER ROAD) adopted by the Elgin City Council at its legally convened meeting held on April 13, 2016. 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 April 21, 2016. \ *`‘ Kimberly Ki mberl y Dewis City Ci Clerk \2::= 'a •9f ails a 1 t,, ;‘, ''prepared by Return to William A. Cogley '\ Kimberly Dewis Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court \,.,_; Elgin, IL 60120 Elgin,IL 60120 \O � J Resolution No. 16-56 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM JOHN A. HALLBERG AND CAREN B. HALLBERG (10N135 Nesler Road) 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 for water main purposes from John A. Hallberg and Caren B. Hallberg 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. s/David J. Kaptain David J. Kaptain, Mayor Presented: April 13, 2016 Adopted: April 13, 2016 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk This Instrument Prepared by and Return After Recording to: Christopher J. Beck City of Elgin Legal Department 150 Dexter Court Elgin IL 60120-5555 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this 13th day of April , 2016, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City"), and John A. Hallberg and Caren B. Hallberg, husband and wife (hereinafter collectively referred to as the "Owner"). WITNES SETH WHEREAS, the Owner owns the real property depicted on the plat of easement prepared by Vanderstappen Surveying&Engineering, Incorporated,dated July 22,2015,attached hereto as Exhibit A and incorporated herein by this reference, said property being located on the east side of Nesler Road, south of South Street and North of Bowes Road,being commonly known as 10N135 Nesler Road,Elgin,Illinois,and having Permanent Index Numbers 05-24-300-004,05- 24-300-018, 05-24-300-020, and 05-24-300-024 (hereinafter referred to as the "Subject Property"); and WHEREAS, the City desires to obtain a permanent easement from the Owner for the purposes of constructing, maintaining, operating and repairing a water main over that portion of the Subject Property depicted by the area designated "Water Main Easement" on the above- referenced Exhibit A, as legally described on said Exhibit A (hereinafter referred to as the "Easement Premises"); and - 1 - WHEREAS, the Owner has agreed to grant such permanent easement to the City for such purposes and pursuant to the terms and conditions of this Easement Agreement. NOW, THEREFORE, for and in consideration of Thirty-six Thousand Nine Hundred Dollars($36,900.00)in hand paid to Owner,and Five Thousand Dollars($5,000)in hand paid to Owner's counsel,Hinshaw&Culbertson, LLP, 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 does hereby grant to the City and its successors and assigns a permanent and exclusive easement for the construction,installation,reconstruction,replacement, alteration, inspection,maintenance,operation,repair, renewal and removal of a water main, along with any appurtenances or facilities related thereto (the "City Improvements," herein), within, over,under,along,across and through the Easement Premises,together with the right of reasonable and necessary ingress and egress to and from the Easement Premises with such personnel and equipment 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: (a) promptly repair and restore the Easement Premises, including the driveway, mailboxes and signage, culverts, and any additional surrounding premises altered in connection with the City's exercise of any easement rights granted herein, to the same condition as existed immediately prior to the existence of such rights as is reasonably practicable; (b) promptly repair and restore grass in the Easement Premises, and any grass altered in the surrounding premises to the same condition as existed immediately prior to the City's exercise of the easement rights granted herein complete with proper grade, topsoil and appropriate grass seed mixture and erosion control covering; (c) promptly repair and restore the Easement Premises grade to ensure the drainage of property surface water direction,flow,and accumulation is in the same or better condition as it existed prior to the City's exercise of any of any easement rights granted herein; (d) leave the Easement Premises and surrounding premises free from debris; - 2 - (e) except in the case of an emergency,require the City or third party contractors, employees, or other agents performing any services obstructing the use of the premises driveway to provide Owner with at least forty-eight (48) hours prior notice of such obstruction, limit the obstruction to no greater than a total of eight (8) hours-time frame, and prohibit any such obstruction at any time on a Saturday or Sunday. Notwithstanding the foregoing,the City shall not replace or repair any trees within the Easement Premises, nor replace or repair any damage to any fences or other structures or improvements within the Easement Premises, that were removed and/or damaged by the City's work in the Easement Premises,the parties agreeing that the amount of consideration to the Owner set forth herein includes the value of any such damage to trees, fences, or other improvements within the Easement Premises, and further agreeing that the Owner shall not be entitled to any additional compensation for the same. 3. That the City for itself, its agents and independent contractors, hereby agrees to indemnify and hold Owner and its successors harmless from any third party claims for personal injuries or property damage arising directly as a result of the City's work in the Easement Premises during construction or during any subsequent maintenance or repair thereof. The City further agrees to indemnify and hold harmless Owner from any and all liens placed against the Easement Premises arising from said construction, maintenance, or repair activities. 4. That the City agrees that at any time following the exercise by the City of any of the easement rights granted herein, if Owner or its successors or assigns requests to annex into the City of Elgin the Owner's premises and to connect to the City's water system, and the City agrees to such annexation,neither Owner nor its successors or assigns shall be charged a recapture fee for the water main improvement being constructed by the City within the Easement Premises. For the purposes of clarification, Owner or its successors and assigns shall be required to pay any and all other fees associated with any such annexation and connection to the City's water system. 5. That the Owner and its successors shall not construct any structures or buildings,nor plant any trees on the Easement Premises, nor undertake any other activities on the Easement Premises that unreasonably interfere with the City's intended use of the Easement - 3 - Premises; provided, however, that the City may elect to allow fences, trees, or other structures to remain in the Easement Premises if the City determines that any such fences, trees, or other structures will not interfere with the City's intended use of the Easement Premises, in the City's sole discretion. 6. That no amendment,revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 7. That this 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. 8. That this Easement Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois. 9. That the City may utilize the services of insured third party contractors, employees or other agents to perform work in the Easement Premises. 10. That the Owner hereby represents and warrants to the City that it is the fee simple title holder of the 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 may be executed in multiple counterparts,each of which shall be deemed an original,but all of which together shall constitute one and the same instrument. 13. That this Agreement shall be recorded by the City at the City's cost with the Kane County Recorder. - 4 - IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above. CITY OF ELGIN: JOHN A. HALLBERG AND CAREN B. HALLBERG / /By: I(_ (2 €14 A�,. _ By: 104WI' Mayor / / I 0 A. Hallberg Attest: k By: 1/YL 4dz,,,j, City Clerk aren B. Hallberg F:\Legal Dept\Agreement\Easement-Hallberg-ION135 Nesler Rd-clean 2-15-16.docx - 5 - 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 David Kaptain,Mayor,and Kimberly Dewis,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 and as the free and voluntary act of the City of Elgin, for the uses and purposes therein set forth. Given_undermihand_an official seal, this 1,344‘day of t , 2016. ,l„`, JENNIFER J QUINTON ` ”` �' OFFICIAL SEAL w Ate( .. i k.:4.• NOTARY PUBLIC - � , /� ...1• Vi STATE OF ILLINOIS ► tary P 11C ' 1 MY COMMISSION EXPIRES JANUARY 10,2020 STATE OF ILLINOIS ) ) SS. COUNTY OF J 00 - ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that John A. Hallberg and Caren B. Hallberg, 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 acts, for the uses and purposes therein set forth. Given under my hand an official seal, this I 1p day of ' , Toloax1( 2016. /2..i.1--,....-- Notary Public NICOLE ZAK Official Seal Notary Public-State of Illinois My Commission Expires Oct 8,2019 - 6 - EXHIBIT A Plat of Easement,prepared by Vanderstappen Surveying & Engineering, Incorporated, dated July 22, 2015. - 7 - EXHIBIT A-HALLBERG .i__ S Ab. ■ PLAT OF EASEMENT so Vanderstappen Surveying& Englneenag,Incorporated 1116 Noah MtlhnnSve WeodWet.II?, (C5)777.1110 m..lndnws.wm LEGAL DESCRIPTION / Port of the South Half of Section 24, Township 41 North, Range 7 East of the / Third Principal Meridian, being described os follows: Commencing at the SW CORNER SOUTH STREET / Southwest corner of South Street Subdivision, being a subdivision of part of the SUBDIVISION DOC. /2005K068185 said East Half of Section 24. according to the plot thereof recorded June 13, / 2005 as Document No. 2005K066185; thence South 42 degrees 25 minutes 51 54215'51'w seconds West along the centerline of Nesler Road, 658.86 feet; thence South 41 658.86/ degrees 44 minutes 56 seconds West along said centerline, 249.39 feet; thence / / South 42 degrees 46 minutes 08 seconds West along said centerline, 573.66 feet to the most Northerly corner of the lands described in Document No. 541'44'56-W 20051(144081 and the Place of Beginning; thence South 49 degrees 55 minutes 249.36' 05 seconds East along the centerline of Fitchie Creek as described in sold Document No. 20051(144081, o distance of 38.49 feet; thence South 42 542'46'06'W degrees 38 minutes 26 seconds West, 235.30 feet; thence South 87 degrees 573.66; / 44 minutes 41 seconds West, 13.64 feet; thence South 42 degrees 47 minutes / / 10 seconds West, 23.74 feet; thence South 40 degrees 13 minutes 33 seconds / / West, 151.91 feet; thence South 37 degrees 19 minutes 53 seconds West, / / / 186.77 feet; thence South 35 degrees 13 minutes 16 seconds West, 451.48 feet / / to the Southerly line of the lands described in Document No. 2000K087604; / / thence North 82 degrees 05 minutes 23 seconds West along sold Southerly line, PLACE OF BEGINNING / 32.96 feet to the Southwest corner thereof, thence North 34 degrees 09 / / S49 5DEED 3OFFI minutes 42 seconds East along the centerline of Nester Rood. 316.41 feet; / /' DEED O OF 200510E CREEK thence Northeasterly 515.75 feet along said centerline, being along o curve to /� / / PER IOC. /20051(1{4081 & the right, having a radius of 3433.27 feet, the chard of which bears North 38 / ,y"a / /20021(036512 degrees 27 minutes 55 seconds East for a length of 515.27 feet; thence North //p rye. /,) 42 degrees 46 minutes 08 seconds East along said centerline, 244.33 feet to / 4a .tar /ryyca• the Place of Beginning in Kane County Illinois. / jo' / ,,,4, / 4 / •ry6 / + /A, / / 100' 0' 100' 200' // . / ." / — nu wi / SCALE: 1'- 100' / 587'44'41*W 13.64' / 542'47'10*W 23.74' / / / S4013'33'W 151.91' / L= ' R=3 ' / CH=515.75N3827'S5'E 433.27 515.27' / / / S. / .3• /4/ +.°+ 1 / y�1 / /yr ., , / WATER MAIN EASEMENT / 36,514± Sq.Ft. 0.838 ACRES / / f / 1 0 ,o / yam. Y // O: �R• 2S / tom ,`rp 'y / $sv9' 3 o / ati / I▪ ..,g / Jo 1 0 / 1 N / / N82135'23'W 32.96' / //// �Y UNE OOC. p STATE 01 DONOR; ) ) 8.8. 3J UNE 0°c #2O 08760{ COUNTY OF McHENRY) I hereby stab that we have platted the premises above described,and that the plat hereon b• true representation of said description. CLIENT:BURNS&YcDONNEIl This 4 not• Boundary Survey DEARN BY:APC CBMCEID By:VIE__ Dated at Woodstock. SCALE:1'-100' >�c. 24 T.Ai_e. 7 a McHenry County.DDnoL�22 ,LD., 20]x. 88818 OF BEARING:A ED P.I.N.:05-24-300-0&020.024 Ysnderstappea Surveying t Engineering, Inc. JOB NO.:150451-C /// Lp, _ Design Firm No. 184-002782 FIELDWORK COUP.: BL_PG._ M.1:111TINCES MOS 11 PAM MON 0:61200D a Isau Illinois Professional Land Surveyor No.2709 r.\PLATS\2els\oleo-02eI\50451\v-152401\1x401-c 00-24-x0-024 018 020 0244.g-lap01-e/5/I015 2:13 1.11 J