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HomeMy WebLinkAbout17-140 Recorded Resolution No. 17-140 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH CAROLYN M. GATHMAN, AS TRUSTEE, AND ROBERT B. GATHMAN, AS TRUSTEE, FOR SANITARY SEWER AND WATER MAIN PURPOSES 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 Carolyn M. Gathman, as Trustee of the Declaration of Trust Agreement No. 202 of Carolyn M. Gathman dated March 13,2001 and Robert B. Gathman, as Trustee of the Declaration of Trust Agreement No. 201 of Robert B. Gathman dated March 13, 2001, each as to an undivided one-half(1/2) interest, for an easement for sanitary sewer and water main improvements purposes, for the property legally described in the 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: November 8, 2017 Adopted: November 8, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk 2017K0591 17 This Instrument Prepared SANDY WE[3M64N by and Return After RECORDER - KANE COUNTY, IL Recording to: RECORDED: 11/13/N17 08:45 AM William A. Cogley, Esq. REC FEE: 51.00 City of Elgin PASES. 8 Legal Department 150 Dexter Court Elgin, Illinois 60120-5555 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this d g day of Octr�tobrrr, 2017, by and between the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the "City"), and CAROLYN M. GATHMAN, as Trustee of the Declaration of Trust Agreement No. 202 of Carolyn M. Gathman dated March 13, 2001 and ROBERT B. GATHMAN, as Trustee of the Declaration of Trust Agreement No. 201 of Robert B. Gathman dated March 13, 2001, each as to an undivided one-half (%2) interest (hereinafter collectively referred to as the "Grantor"). WITNESSETH WHEREAS, Grantor owns the real property depicted on the Plat of Easement prepared by Henderson and Bodwell, L.L.P., of Elmhurst, Illinois, dated December 14, 2005, attached hereto as Exhibit A-1 and a portion of which is legally described on Exhibit A-2 attached hereto (the "Grantor's Parcel"); and WHEREAS, the City of Elgin desires to obtain easements from Grantor for the purpose of installing, constructing, operating, using, maintaining, locating, upgrading, repairing, replacing, or removing underground sanitary sewer lines and water main improvements and other appurtenances related thereto under a portion or portions of the Grantor's Parcel; and WHEREAS, Grantor has agreed to grant such easements for such purposes pursuant to the terms and conditions of this Easement Agreement. NOW, THEREFORE, for and in consideration of Eighty Thousand Dollars ($80,000.00) in hand paid to Grantor, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Sewer and Water Easements. Grantor, being the owner of the Grantor's Parcel referenced herein, does hereby grant to the City permanent and exclusive (except as set forth in Paragraph 4 hereof) easements (the "Sewer and Water Easements") to install, construct, operate, use, maintain, locate, upgrade, repair, service, remove, or replace underground sanitary sewer lines and water mains, and other underground appurtenances relating to sanitary sewer lines and water i mains in, upon, and under those portions of the Grantor's Parcel labeled as "Proposed 50' Sewer and Water Easement" on Exhibit A-1 attached hereto, and legally described on Exhibit A-2 attached hereto ("Easement Premises"). No above-ground structures (other than manholes and hydrants) or roadways may be constructed or maintained by the City in the Easement Premises pursuant to this Easement Agreement. City shall provide Grantor with copies of CAD files and record plans of all utilities installed in the Easement Premises showing the location, depth and GPS location of all utilities. 2. Restoration of Easement Premises. 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. In all construction within the Easement Premises, the following guidelines shall control: a. Topsoil shall be stripped from the entire Easement Premises and stockpiled on Grantor's adjacent property as located and directed by Grantor, provided, however, that in the event Grantor fails to provide such locations and directions to City, the topsoil shall be stockpiled on that portion of Grantor's property adjacent to the Easement Premises, as determined by City; b. Excavated trench spoils shall be stockpiled separate from the topsoil on Grantor's adjacent property as located and directed by Grantor, provided, however, that in the event Grantor fails to provide such locations and directions to City, the excavated trench spoils shall be stockpiled on that portion of Grantor's property adjacent to the Easement Premises as determined by City; C. After pipe installation, trench spoils shall be placed back in the trench in uniform layers not exceeding twelve(12) inches thick(loose measure); d. Excess clay material shall be removed from the entire Easement Premises; e. Existing topsoil in the Easement Premises shall be evenly respread over the entire Easement Premises; f. Final grading shall be performed in such a manner that adheres to drainage patterns prior to initiation of the installation; under no circumstances shall there be any ponding of stormwater runoff in areas where ponding did not occur prior to construction contemplated in this Agreement; g. The entire Easement Premises shall be seeded with grass upon completion of final grading. Planting of seed shall occur between May 1 and September 30, unless directed otherwise by Grantor; h. Grantor shall be added as an additional insured party to all insurance policies - 2 - issued to or on behalf of City with respect to any work within the Easement Premises; and i. All field tiles shall be located prior to any work in the Easement Premises. City shall repair any damaged field tiles found within the Easement Premises, and shall notify Grantor of any such damage and repair. The Easement Premises and surrounding premises shall be left free from debris. 3. Indemnification. The City for itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor and its successors harmless from any and all 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 Grantor from any and all liens placed against the Easement Premises arising from said construction activities. 4. Restrictions: Reservations, The Grantor and Grantor's successors shall not construct any buildings on the Easement Premises nor undertake any other activities on the Easement Premises which unreasonably interfere with the City's intended use of the Easement Premises. Anything contained in this Agreement to the contrary notwithstanding, it is understood that the Grantor shall have (and hereby reserves) the right to (i) construct or otherwise install surface improvements consisting of parking lot improvements, private or publicly dedicated streets and sidewalks, bicycle and pedestrian paths, and landscaping and (ii) install utility lines and related appurtenances which cross perpendicularly through the Easement Premises as reasonably required to service any development on the Grantor's Parcel, provided that such is done in a manner which does not unreasonably interfere with the City's intended use of the Easement Premises. 5. Amendment. No amendment, revision, or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 6. Entire Agreement. 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. This Easement Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 8. Contractors. It is understood and agreed 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. The Grantor hereby represents and warrants to the City that it is the - 3 - 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. This Easement Agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 11. Recording. This Easement Agreement shall be recorded by the City at the City's cost with the Kane County Recorder. 12. Joint Preparation. This Easement Agreement is and shall be deemed and construed to be the joint and collective work product of the Grantor and the City and, as such, this Easement Agreement shall not be construed against either party, as the otherwise purported drafter of same,by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness, or conflict, if any, in the terms or provisions contained herein. 13. Release of Easement. The City may terminate this instrument by recording a release in recordable form with directions for delivery of same, whereupon all rights, duties, and liabilities hereby created shall cease and be of no further force or effect. 14. Crop Damage. In the event that farm crops on Grantor's Parcel are damaged by the City during construction by the City in the Easement Premises, the City agrees to compensate the Grantor for such crop damage caused by the City. The crop damage loss shall be calculated based upon a price of Seven Hundred Dollars ($700.00) per acre for the area of such crop damage. The Grantor shall provide the City with reasonably sufficient evidence to support a claim of crop damage. 15. Reimbursement for Review of Engineering Plans. The Grantor has been provided the opportunity to review the engineering plans for the improvements which are proposed to be initially constructed in the Easement Premises. The City agrees to reimburse the Grantor the costs of the review by a third party engineering firm in an amount not to exceed Three Thousand Dollars ($3,000.00). 16. Prior Easement Agreement. This Easement Agreement supersedes and replaces the prior easement agreement entered into between the parties dated January 11, 2006, and recorded on January 24,2006, as document number 2006K009321. {SIGNATURE PAGE FOLLOWS) - 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, an Illinois CAROLYN M. GATHMAN, as Trustee of Municipa rporat the Declaration of Trust Agreement No. 202 of Carolyn M. Gathman dated March 13, By: 2001 ay r Carolyn M. G an, as stee Att t• ROBERT B. GATHMAN, as Trustee of the AV,644 Declaration of Trust Agreement No. 201 of Robert B. Gathman dated March 13, 2001 City Clerk obert B. Gathman, as Trustee FAL,egal Dept\AgreementEasement-Gathman,Carolyn-clean 10-5-17.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 J. Kaptain, Mayor, and Kimberly A. 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 of the uses and purposes therein set forth. Given under my hand and official seal,this gT-VA day of NOVSV-k 2017. "OFFICIAL SEAL" WILLIAM A.COGLEY Notary Public Nobly PuW State d 181nofs My Commissbn Expires 0821121 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 Carolyn M. Gathman, as Trustee of the Declaration of Trust Agreement No. 202 of Carolyn M. Gathman dated March 13, 2001 and Robert B. Gathman, as Trustee of the Declaration of Trust Agreement No. 201 of Robert B. Gathman dated March 13, 2001, 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 for the uses and purposes therein set forth. Given under my hand and official seal,this VI`*day of O c�ob2 2017. J Qvke S -b . Sko.�� Notary Public [NOT:ARY =STATEOF OIS 018 - 6 - EXHIBITPIN: 05-35-400-005 GATHMAN PARCEL UTILITY EASEMENT 0 Q 0 ar 3s 3s z 0 Or Otf 0 U EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 35-41-7 PROPOSED 50' AND WATER EASEMENT PLATO PLATO TOWNSHIP TOWNSHIP 35 2 2 ROPOSED 50'SEWER TOWNSHIP AND WATER EASEMENT CAMPTON TOWNSHIP TOWNSHIP HENDERSON and BODWELL, L.L.P. CONSULTING ENGINEERS 124 WEST DIVERSEY,ELMHURST,IL.60126-1102 TEL.NO.(630)834-9406 FAX NO.(630)834-0329 www.handb.com DECEMBER 14,2005 PWYntVteiA,ntlal Lutl FvdVtFOTbMWO ZRW*DWA& y P%rw\brWy%v"w\GAT/MM PAN=UMM LAmORrp &&MfM 3EM4 Al CSi EXHIBIT A LEGAL DESCRIPTION GATHMAN PROPOSED 50' SEWER AND WATER EASEMENT THE WESTERLY 50.00 FEET, AS MEASURED PERPENDMUI_AR TO THE 71TSTERLY LINE THEREOF, TOGETHER WITH M SOtMU RLY 50.00 FEET, AS MEASURED PERPENDICULAR TO THE SOUTHERLY LINE THEREOF, OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, N THE TOWNSHIP OF PLATO,KANE COUNTY ILLINOIS. DECEMBER 15,2005 EXHIBIT A-2