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HomeMy WebLinkAbout17-122 Recorded 2017KO49608 SANDY WEGMAN RECORDER - KANE COUNTY, IL RECORDED: 9/21/2017 1:40 PM REC FEE: 54.00 PAGES: it State of Illinois) County of Kane) City of Elgin ) 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 1 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. 17-122 AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH MARVIN H. STRAUB, AS TRUSTEE UNDER THE PROVISIONS OF A CERTAIN TRUST AGREEMENT DATED THE 12TH DAY OF JULY, 2004, AND KNOWN AS THE MARVIN H. STRAUB REVOCABLE LIVING TRUST, AS TO AN UNDIVIDED 1/2 INTEREST, AND MARILYN J. STRAUB, AS TRUSTEE UNDER THE PROVISIONS OF A CERTAIN TRUST AGREEMENT DATED THE 12TH DAY OF JULY, 2004, AND KNOWN AS THE MARILYN J. STRAUB REVOCABLE LIVING TRUST, AS TO AN UNDIVIDED 1/2 INTEREST FOR WATER MAIN PURPOSES (12N423 Coombs Road) adopted by the Elgin City Council at its legally convened meeting held on September 13,2017. 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 September 21, 2017. Kimberly wis, City Clerk Thin` pared by: Return to: Willia 5 ey Kimberly Dewis Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 Resolution No. 17-122 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH MARVIN H. STRAUB, AS TRUSTEE UNDER THE PROVISIONS OF A CERTAIN TRUST AGREEMENT DATED THE 12TH DAY OF JULY, 2004, AND KNOWN AS THE MARVIN H. STRAUB REVOCABLE LIVING TRUST, AS TO AN UNDIVIDED 1/2 INTEREST, AND MARILYN J. STRAUB, AS TRUSTEE UNDER THE PROVISIONS OF A CERTAIN TRUST AGREEMENT DATED THE 12T" DAY OF JULY, 2004, AND KNOWN AS THE MARILYN J. STRAUB REVOCABLE LIVING TRUST, AS TO AN UNDIVIDED 1/2 INTEREST FOR WATER MAIN PURPOSES (12N423 Coombs 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 with Marvin H.Straub,as Trustee under the provisions of a certain Trust Agreement dated the 12`h day of July, 2004, and known as the Marvin H. Straub Revocable Living Trust,as to an undivided 1/2 interest,and Marilyn J. Straub,as Trustee under the provisions of a certain Trust Agreement dated the 12`h day of July,2004,and known as the Marilyn J. Straub Revocable Living Trust, as to an undivided 1/2 interest for an easement for purposes of constructing,maintaining,operating and repairing a water main,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: September 13, 2017 Adopted: September 13, 2017 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 13 day of September . 2017,by and between the City of Elgin,an Illinois municipal corporation, (hereinafter referred to as the "City"), and Marvin H. Straub, as Trustee under the provisions of a certain trust agreement dated the 12th day of July, 2004, and known as the Marvin H. Straub Revocable Living Trust, as to an-undivided 1/2 interest, and Marilyn J. Straub, as Trustee under the provisions of a certain trust agreement dated the 12th day of July, 2004, and known as the Marilyn J. Straub Straub Revocable Living Trust, as to an undivided 1/2 interest (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 10,2017, attached hereto as Exhibit A and incorporated herein by this reference, said property being located on the east side of Coombs Road, north of the intersection of U.S. Route 20 and Coombs Road, having Permanent Index Number 06-07-300-025,and being commonly known as 12N423 Coombs Road, Elgin, Illinois 60123 (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 "Watermain Easement" on the above- referenced Exhibit A, as legally described on said Exhibit A (hereinafter referred to as the "Easement Premises"); and 1 I 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 Three Thousand Dollars ($3,000.00) in hand paid to the Owner, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Watermain Easement That the Owner does hereby grant to the City and its successors and assigns a permanent and exclusive (except as otherwise provided for in this Agreement) easement for the construction, installation, reconstruction, replacement, alteration, enlargement, relocation, 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. The easement rights granted to the City under this Agreement shall be solely for the City watermain purposes described herein, and the City shall not use the Easement Premises for any other purpose without the prior approval and written consent of the Owner. In addition,the Agreement does not grant any easement rights to any other public utilities or service providers,and there shall be no use of the Easement Premises by such public utilities or service providers without the prior approval and written consent of both the Owner and the City. 2. Restoration of Easement Premises. 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 existence of such rights as is reasonably practicable, including the repair and restoration of any drain tile, and shall leave the Easement Premises and surrounding premises free from debris,at the City's sole cost and expense; provided,however,that 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, other than to drain tile as provided herein, that are removed and/or damaged 2 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. Indemnification. 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. In addition, the City agrees to either repair or pay for any damages to the Subject Property,or any adjacent properties outside the easement,or any improvements thereon, including crop damage, erosion, or tile damage, resulting from flooding or other discharge of water caused by the City's construction on and usage of the Easement Premises or any adjacent property owned or controlled by the City. In the event of such damage from flooding or the discharge of water, the City agrees to repair or restore the Subject Property to the same condition as existed immediately prior to such damage as is reasonably practicable. Such repair or restoration of the Subject Property by the City under this paragraph shall be commenced within thirty(30)days from when the damage occurred, and shall be completed with thirty (30) days of the commencement of the repair or restoration work. 4. Restrictions; Reservation of Rights. 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 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. 3 5. Amendment. That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 6. Entire Agreement. 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. 7. Applicable Law and Venue. 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. 8. Contractors.That the City may utilize the services of third party contractors, employees or other agents to perform work in the Easement Premises. 9. Warranty of Title. 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. 10. Binding. That this Agreement and the covenants and rights granted herein shall be binding on the parties hereto and their successors, grantees, and permitted assigns, and shall run with the land. 11. Multiple Counterparts. 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. 12. Recording. That this Agreement shall be recorded by the City at the City's cost with the Kane County Recorder. 13. Joint Preparation.That this Agreement is and shall be deemed to be the joint and collective work product of the Owner and the City and, as such, this Agreement shall not be construed against either party as the otherwise purported drafter of the same by any court of 4 competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness, or conflict, if any, in the terms or provisions contained herein. SIGNATURE PAGE FOLLOWS 5 IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above. CITY OF ELGIN: OWNER: By: . MARVIN H. STRAUB,as Trustee of a Trust Mayor Agreement dated July 12, 2004, and known as the Marvin H. Straub Revocable Living Trust Atte /J City Clerk / By: �( r' Attest: ---� AND MARILYN J. STRAUB, as Trustee of a Trust Agreement dated July 12, 2004, and known as the Marilyn J. Straub Revocable Living Trust By: —n L, J Attest - 6 - STATE OF ILLINOIS ) SS. COUNTY OF K A N E ) 1, 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 1�day of , 2017. STATE OF ILLINOIS JEN ERJ TON ) OFFICIAL SEAL SS NOTARY PUBLIC STATE OF ILLINOIS COUNTY OF Kane ) MY JOMMISSIOoN2E2PIRES I; the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Marvin H. Straub, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that she signed and delivered the said instrument as her free and voluntary act, and as the act of the trustee as aforesaid, for the uses and purposes therein set forth. Given under my hand an official seal, this a5 day of . 2017. Nota y OFFICIAL SEAL JANE D. SHAVERS STATE OF ILLINOIS ) NOTARY PUBLIC,STATE OF ILLINOIS SS. My Commission Expires 11/04/2019 COUNTY OF Kane ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Marilyn J. Straub, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that she signed and delivered the said instrument as her free and voluntary act, and as the act of the trustee as aforesaid, for the uses and purposes therein set forth. Given under my hand an official seal, this day ofC1 4 ' 2017. Notary blic OFFICIAL SEAL JANE D. SHAVERS - 7 - NOTARY PUBLIC,STATE OF ILLINOIS My Commission Expires 11/04/2019 EXHIBIT A Plat of Easement, prepared by Vanderstappen Surveying& Engineering, Incorporated, dated July 10, 2017,to be inserted. I - 8 - TIE CORNER SE 1/4 SECTION t2-41-7 D161`lab tbGas�ward�rCOd: uj alSJ AI•C10 .bd�tae �, i PLAT OF I1 EASEMENT 89.44'31-E 196' s I I CENTERLJNE or COOMBS ROAD AS g I�I 01 LEGAL DESCFUPTKM �� la:� Part of the Southwest Fractional Quarter of Section 7, Township 41 North, Range 8 East of the Third I I I w,y EDGE OF PAVEMENT COOMBS ROAD Principol Meridian, being described as follows: wATEiLAIrI EAStAEN1 commencing at the Southwest comer of the said I Southwest Fractional Quarter, thence North 00 I degrees 15 minutes 29 seconds West along the West line thereof, 867.74 feet to the Place of Beginning; thence continuing North 00 degrees 15 minutes 29 I WATERMAIN EASEMENT seconds West along sold West line, 794.85 feet to a I 1 5,6493: Sq.Ft. 0.130 ACRES point lying 875.00 feet South of the Northeast 1 comer of the Southeast Quarter of Section 12; thence North 89 degrees 44 minutes 31 seconds I East, 3.96 feet to the Westerly edge of pavement of I Coombs Road; thence South 00 degrees 42 minutes 43 seconds East along said edge of pavement, N I 794.88 feet; thence South 89 degrees 44 minutes 31 a N seconds West. 10.26 feet to the Place of Beginntng 4 I o in Kane County Illinois. I I o I 1 0 I LINE SW 1/4 SECTION 7-41-8 I S uNE DOC.}2 (042272 1 �I 1 (Q I pl I VI I I I 1 I I 1 1 1 S69'44'31'W 10.26' I T 3� N N r 0 z z 100' 0' 100' 200' cmw a sw FRACTL 1/4 1 SECTION 7-41-8 SCALE: 1•- 100• , --- ByAn OF BIINOL4 ) )B.B. COUNTY OF McEMOM I hereby State that Jra hate platted the pr'emtaea abosa 4eae06d,and that the port harem is a true r&FOUntation of said dexaiptton. G7]Rff:BARNS de YrOOtOdill 7Lta is not a Boundary Survey DBA"BY: CHECi191 BY:w,lJ :` 00' Dated at lloodatool6 sc4m 1'.1 r<;r1 NeNenry Oomty,Miaola—Z L2_.A.D..EO17. BLS OP IBa11II7rr.A55U14D -._. -;?;i�7 _ PIX.:06-07-300-025 '~. ,�L D m n /� J aeeriaa.Inc. AB rO.:150173-C L0.ffA- FMDTM COMP--BL—Pc.- Woa=m.i a W ro tea By.17h1Jrns PrafeJrdoaal land Sw+eyar N.3657 rau nos>f maam m e F. T.WAiS\2as\aom-aInUSOJ Isn�s\uolrs-C 01-0 300-ozsal-La><,m-rne/Z=aw Fr