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HomeMy WebLinkAbout17-162 recorded Resolution No. 17-162 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH JUAN MARTINEZ FOR ROADWAY AND STORM SEWER RECONSTRUCTION IN CONNECTION WITH THE LINDEN AND PRESTON SLOPE STABILIZATION PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an easement agreement with Juan Martinez for purposes of performing roadway and storm sewer reconstruction in connection with the Linden and Preston Slope Stabilization Project, for the property legally described on Exhibit B, 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: December 20, 2017 Adopted: December 20, 2017 Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk 2017KO66535 SANDY WEGMAN RECORDER - KANE COUNTY, IL This Instrument Prepared RECORDED: 12/21/2017 3:27 PM by and Return After REC FEE: 52.00 Recording to: PAGES: 9 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 20 day of December , 2017, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the"City"), and Juan Martinez(hereinafter referred to as the"Owner"). WITNESSETH WHEREAS, the Owner owns that certain real property depicted on the plat of easement prepared by Hampton, Lenzini and Renwick, Inc., attached hereto as Exhibit A and incorporated herein by this reference, said property having Permanent Index Number 06-13-282- 016, and being commonly known as 654 East Chicago Street, Elgin, Illinois 60120 (hereinafter referred to as the"Subject Property");and WHEREAS,the City desires to obtain a temporary construction easement from the Owner for the purposes of performing roadway and storm sewer reconstruction and repair arising from damage caused by a rainfall event at the intersection of Linden Avenue and Preston Avenue, adjacent to the Subject Property, including the rebuilding of the slope and the removal of washed out material from the event(the"Project"). The area of the Subject Property that would be subject to the temporary construction easement is depicted as the Temporary Easement Area on the above- referenced Exhibit A,and legally described on Exhibit B, attached hereto and incorporated herein by this reference(hereinafter referred to as the"Easement Premises"); and - 1 - WHEREAS, the Owner has agreed to grant such temporary construction 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 Seven Hundred Fifty Dollars ($750.00) 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. Temporary Construction Easement. That the Owner does hereby grant to the City and its successors and assigns a temporary construction easement within, over, under, along, across and through the Easement Premises for the purpose of performing the above-described repairs for the Project, 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 temporary construction easement hereby granted shall be deemed terminated after the earlier of either(i)the completion of all work contemplated by this Easement Agreement, or (ii) the twelve (12) month period following the commencement of construction within the Easement Premises. 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, excepting the removal of washed out material contemplated by this Easement Agreement, and shall otherwise leave the Easement Premises and surrounding premises free from debris. 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. - 2 - 4. Non-Interference with Easement Premises. That the Owner and its successors shall not undertake any activities on the Easement Premises that interfere with the City's intended use of the Easement Premises. 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. - 3 - 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 competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness, or conflict, if any, in the terms or provisions contained herein. SIGNATURE PAGE FOLLOWS - 4 - IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on this day of (imp , 2017. CITY OF ELGIN: OWNER: By: By: City Manager Juan Martinez Attes City Clerk STATE OF IL ) COUNTY OF ) SS. I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Juan Martinez, 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 his free and voluntary act for the uses and purposes therein set forth. Given under my hand an official seal, this 7 day of bn� , 2017. Notary Public This Instrument Prepared by and Return After Recording to: "OFFICIAL SEAL" KATLIN S.BAILEY Christopher J. Beck Notary Pubr�state of�� City of Elgin My Commission�� 08127/21 Legal Department 150 Dexter Court Elgin IL 60120-5555 - 5 - EXHIBIT LINDEN AVENUE SCALE: 1"= 30' SOUTH LINE LINDEN AVE. 30 0 15 30 06-13-282-016 r p!• s ss• 's. F I rn �i n N M O M � O W `t SV f0/1 1 NORTH LINE CHICAGO ST. PAEI I\ s> SE. CORNER I r OF NE 1/4 25.34' CHICAGO STREET S. LINE NE Y4. SEC. 13-41-8 HAMPTON, LENZINI AND RENWICK, INC. CIVIL ENGINEERS•STRUCTURAL ENGINEERS•LAND SURVEYORS TEMPOARY EASEMENT AREA. 380 SHEPARD DRIVE ELGIN, ILLINOIS 60123 sum I M.4 847.697.6700 www.hirengineering.com 184.000959 PROFESSIONAL DESIGN FIRM&STRUCTURAL ENGINEERING CORP. TEMPORARY CONSTRUCTION EASEMENT PIN 16-13-282-016 THAT PART OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER,495.00 FEET WEST OF THE SOUTHEAST CORNER THEREOF; THENCE NORTH 0 DEGREES 33 MINUTES 31 SECONDS WEST ALONG A LINE PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION, A DISTANCE OF 25.34 FEET TO THE POINT OF BEGINNING SAID POINT BEING A POINT ON THE NORTH LINE OF CHICAGO STREET; THENCE CONTINUING NORTH 0 DEGREES 33 MINUTES 31 SECONDS WEST,A DISTANCE OF 173.95 FEET; THENCE SOUTH 45 DEGREES 11 MINUTES 41 SECONDS EAST,A DISTANCE OF 24.74 FEET; THENCE SOUTH 36 DEGREES 59 MINUTES 16 SECONDS EAST,A DISTANCE OF 54.65 FEET; THENCE SOUTH 0 DEGREES 22 MINUTES 41 SECONDS EAST, A DISTANCE OF 133.02 FEET TO A POINT ON THE NORTH LINE OF CHICAGO STREET; THENCE NORTH 67 DEGREES 53 MINUTES 25 SECONDS WEST ALONG SAID NORTH LINE,A DISTANCE OF 53.55 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. SAID EASEMENT CONTAINING 7,722 SQUARE FEET OR 0.177 ACRES.