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Home My WebLink About16-58 Recorded 111111 I�! Iii =-.0116 K01 77 ,.it-iE,`r WEGi-iHt-.1 RECORDER - KHNE COUNTY, IL State of Illinois) County of Kane) RECORDED: 4/21/2016 10:49 Alf City of Elgin ) REC FEE: 53.0E 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. 16-58 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM JASON SCHAMBACH AND KAREN SCHAMBACH (10N125 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. . F t i kkeeeA Kimberly Dewis, City Clerk E This instrument 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 Resolution No. 16-58 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM JASON SCHAMBACH AND KAREN SCHAMBACH (10N125 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 Jason Schambach and Karen Schambach 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: 9 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 Jason Schambach and Karen Schambach,husband and wife(hereinafter collectively referred to as the"Owner"). WITNESSETH 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 north of Lori Lane, being commonly known as 10N125 Nesler Road, Elgin,Illinois,and having Permanent Index Number 05-24-300-025(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 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. - 1 - NOW, THEREFORE, for and in consideration of Twenty Thousand Six Hundred Dollars($20,600.00)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; (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 -2- 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 Premises; provided,however,that the City may elect to allow fences,trees, or other structures to -3 - 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: JASON SCHAMBACH AND KAREN SCHAMBACH By: By: Mayor J n Schambach 4( vi �, �� Attest: � �y ��,`�i%��> By: '�'( tl/ t�� Ct� ity Clerk Karen Schambach Mega'Dept\Agreement\Easement-Schambach-10N125 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 under my hand an official seal,this % day of 4.4;-ct ` ,2016. JENNIFER J QUINTON OFFICIAL SEAL NOTARY PUBLIC mss:% STATE OF ILLINOIS ' s Lary P lc "'. MY COMMISSION EXPIRES JANUARY 10,2020 STATE ) SS. COUNTY OF Ka h- ) I,the undersigned, a Notary Public,in and for said County, in the State aforesaid, do hereby certify that Jason Schambach and Karen Schambach,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 /7 day of re- 1� , 2016. 1f Iii. . /IL L Notary Public OFFICIAL SEAL. ► 4 VICTORIA L. KELLENBERGER NOTARY PUBLIC,STATE OF ILLINOIS 1 My Commission Expires May 3,2018 I - 6- i EXHIBIT A Plat of Easement,prepared by Vanderstappen Surveying&Engineering,Incorporated,dated July 22,2015. -7- EXHIBIT A-SCHAMBACH ivr' s ii; . PLAT OF EASEMENT Part of the Southwest Quarter of Section 24, Township 1 North, Range 7 East of the gincorporated Third Principal Meridian, bring descrbed os follows Commencing of tl►e Southeast coma ,,,N.aN.enr.ay.e.t,n... of the said Southwest Quarter of Section 24; thence North 00 degrees 59 minutes 09 Irw"7469r ....,.e.....<.. seconds West along the East line thereof, 546.87 feet to the South line of the lands described in Document No. 2000K060883; thence South 88 degrees 54 minutes 23 seconds West along said South line, 983.28 feet to the Place of Beginning; thence continuing South 88 degrees 54 minutes 23 seconds West along said South line, 45.91 feet to the Southwest corner thereof; thence Northeasterly 50.15 feet along the centerline of Nester Road, being along a curve to the right, having a radius of 2880.00 feet; the chord of which bears North 33 degrees 39 minutes 46 seconds East for a length of 50.15 feet; thence North 34 degrees 09 minutes 42 seconds East along said centerline, 308.58 feet to the Northwest corner of the lands described in Document No. 20001(060883; thence South South 82 degrees 05 minutes 23 seconds East along said North line, 32.96 feet; thence South 35 degrees 13 minutes 16 seconds West, 102.24 feet; thence South 09 degrees 38 minutes 03 seconds lost. 15.79 feet thence South 34 degrees 39 minutes 54 seconds West, 196.77 feet; thence South 32 degrees 24 minutes 53 seconds West, 34.44 feet to the Place of Beginning in Kane County Illinois. i / / /O / r // /O / .205'23-0 32.96' /. / UNE NW CORNER DOC.1200010..../ ./ Y DDC#200CN0e7e04 1.0 / OOC 12oo0ICO60ge,1 / ° / 13'16'W 102.24' / •14 / .. ,.'03"E 15.79' / 4'.40 i / // $9i / ti / IN /AC /�. P.I.N.05-24-300-025 /v/0' / cc r /co / WATER MAIN EASEMENT 72 A //4, ///4 12.302± Sq.Ft. 0.282 ACRES / / S3224'53'W 34.44' s uNE DOC.#2000K0s0e83 / • ACE OF BEONNINO / See•4'231W 953.28' 'r'o. 68854'23-W 45.91' N UNE DOC.g2004K1e247. is. SW CORNER DOC.#20001(060883 / OF NESLER ROAD / ' r. 1 r r / it W N ', 8, I S N ' .X v N '1 N I 3 , N a: 100. 0' 100' 200' bi `1 SCALE: r- low SUIT 07 OLSSON ) )S.B. _ COUNTY or HciDIIRY) I hereby state that we have platted the premise. .her,deeotLed„sad that the plat hereon Y a true representation ee rid description. CUM BUMS a mount. t►fe 6 set•Boundary Hurray mists in PPC 221100m BE:W Dated at Veedeteatr, 50025 I 100' IBC._2.1_2._11..I ILLY.. 1[e5sazy County,I ltoli_I .d.O.. 10.1a�. SLIM Or tau N&ASSUMED PIN.:05-24-700-023 DVande lbplem OOR792t ' 209 Al:150461-0 LD.PEd._ PDDD701Q 065P.: Ut_PC._ .0 eswm OM r rah r cal a a�,,, wr Mlboie Protadesel Lad Smeepse No.2709 NOM eeeer soma w a r. rVursuauNoao-ew J5oerr v-a040\10orm-0 are- o-er elr1.”r-.mess to PM 1 a