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HomeMy WebLinkAbout17-163 Unrecorded 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 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. 17-163 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH RAUL REYES AND LOURDES REYES FOR ROADWAY AND STORM SEWER RECONSTRUCTION IN CONNECTION WITH THE LINDEN AND PRESTON SLOPE STABILIZATION PROJECT adopted by the Elgin City Council at its legally convened meeting held on December 20, 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 December 27, 2017. t Kimberly De s,City Clerk This ument 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. 17-163 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH RAUL REYES AND LOURDES REYES 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 Raul Reyes and Lourdes Reyes 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 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 20 day of December , 2017, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City"), and Raul Reyes and Lourdes Reyes, husband and wife (hereinafter collectively referred to as the "Owner"). WITNESSETH WHEREAS, the Owner owns that certain real property depicted on the three plats of easement prepared by Hampton, Lenzini and Renwick, Inc., attached hereto collectively as Exhibit A and incorporated herein by this reference, said property having Permanent Index Number 06-13-282-015, and being commonly known as 652 East Chicago Street, Elgin, Illinois 60120 (hereinafter referred to as the "Subject Property"); and WHEREAS,the City desires to obtain certain permanent and temporary easements 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 areas of the Subject Property that would be subject to the easements are depicted by the plats in the above-referenced Exhibit A, and are legally described on Exhibit B, attached hereto and incorporated herein by this reference (hereinafter collectively referred to as the "Easement Premises"); and - 1 - WHEREAS, the Owner has agreed to grant such easements to the City for such purposes and pursuant to the terms and conditions of this Easement Agreement. NOW, THEREFORE, for and in consideration of the total sum of Five Thousand Dollars ($5,000.00) 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. Slone Stabilization Easement. That the Owner does hereby grant to the City and its successors and assigns a permanent and exclusive easement within, over, under, along, across and through that part of the Subject Property identified in Exhibit A as the Slope Stabilization Easement for the construction, installation, reconstruction, replacement, alteration inspection, maintenance, operation, repair, renewal, and removal of a slope stabilization geogrid system and other slope stabilization improvements relating to 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. 2. Storm and Drainage Easement. That the Owner does hereby further grant to the City and its successors and assigns a permanent and exclusive easement within, over, under, along, across and through that part of the Subject Property identified in Exhibit A as the Storm & Drainage Easement for the construction, installation, reconstruction, replacement, alteration inspection,maintenance, operation,repair,renewal,and removal of a storm sewer pipe,along with any underground appurtenances or facilities related thereto and other stormwater management and drainage purposes relating to 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. 3. 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, -2 - across and through that part of the Subject Property identified in Exhibit A as the Temporary Easement Area 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. 4. 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. provided, however, that the City shall not replace or repair any trees within the Easement Premises, nor replace or repair any damage to any sheds, fences or other structures or improvements within 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, sheds 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. 5. Non-Interference with Easement Premises. That the Owner and its successors shall not construct any structures or buildings, nor plant any trees on those permanent portions of 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. 6. 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 - 3 - 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. 7. Amendment. That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 8. 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. 9. 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. 10. Contractors. That the City may utilize the services of third party contractors, employees or other agents to perform work in the Easement Premises. 11. 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. 12. 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. 13. 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. 14. Recording. That this Agreement shall be recorded by the City at the City's cost with the Kane County Recorder. -4 - 15. 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 - 5 - IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on this A::�2 day of 4abjeV-, 2017. CITY OF ELGIN: OWNER: By: By: City Manager Raul Reyes Atte By: City Clerk V Lourdes Reyes STATE OF ) SS. COUNTY OF k"ANZA 1, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Raul Reyes and Lourdes Reyes, are 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. 1I1, Given under my hand an official seal, this I t day of v- , 2017. r Notary ubl' This Instrument Prepared by and Return After "R - SYLVIA MIJARES Recording to: "i Notary Public,state of Texas fJam, My Commission Expires %.';'• ' April 22, 2018 Christopher J. Beck City of Elgin Legal Department 150 Dexter Court Elgin IL 60120-5555 - 6 - EXHIBIT SCALE: 1"= 30' LINDEN AVENUE 70 0 t5 '0 ,—SOUTH LINE LINDEN AVE. t 1 Q?`J� 1 15'09'05' y'�� 10.51' 89'49 T2TW 46.70. 06-13-282-015 h n n EXISTING BUILDING EXISTING BUILDING NORTH LINE CHICAGO ST. I CHICAGO STREET SE. CORNER OF NE 1/4 I 544.50'- _ S. LINE NE Y4, SEC. 13-41-8 HAMPTON, LENZINI AND RENWICK, INC. CIVIL ENGINEERS•STRUCTURAL ENGINEERS•LAND SURVEYORS 380 SHEPARD DRIVE ELGIN,ILLINOIS 60123 647.697.6700 www.hirengineering.com 184.000959 PROFESSIONAL DESIGN FIRM 8 STRUCTURAL ENGINEERING CORP. EXHIBIT LINDEN AVENUE SCALE: 1"= 30' SOUTH LINE LINDEN AVE. 30 0 10 30 1 10.01 I I rlz w � I N w I 06-13-282-015 0 n z � a h 3 ^11 W Z N C, EXISTING o' BUILDING w V) of 0 Of 0- I 10.0• I EXISTING BUILDING � 1 NORTH LINE CHICAGO ST. CHICAGO STREET 5. LINE NE Y4, SEC. 13-41-8 HAMPTON, LENZINI AND RENWICK, INC. CIVIL ENGINEERS•STRUCTURAL ENGINEERS•LAND SURVEYORS 380 SHEPARD DRIVE ELGIN,ILLINOIS 60123 847.697.6700 www.hlrengineering.com 164,000959 - PROFESSIONAL DESIGN FIRM 8 STRUCTURAL ENGINEERING CORP. EXHIBIT LINDEN AVENUE SCALE: 1"= 30' N8934'00'E w o u w 7.25' SOUTH LINE LINDEN AVE. w n N15'09'04'W = N 10.51' .1 �S89*49'72*E 46.70= i Jr a, S4511'41'E 1&22' 1 N - 1 � W n n i7 n n o � N , n � 1 $ EXISTING � BUILDING w N n b, r 0 N 1 588'40'26 W 7.13' EXISTING BUILDING 0 . l NORTH LINE CHICAGO ST. SE. CORNER NDWOO, /� OF NE 1/4 I - -L= - - 544.50'_ - 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 m=_ Kl ELGIN, ILLINOIS 60123 Ve, 847.697.6700 www.hlrengineering.com 184.000959 PROFESSIONAL DESIGN FIRM 8 STRUCTURAL ENGINEERING CORP. EXHIBIT B Legal Descriptions of Easements, to be inserted. - 8 - SLOPE STABILIZATION EASEMENT 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, 544.50 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 238.73 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING NORTH 0 DEGREES 33 MINUTES 31 SECONDS WEST,A DISTANCE OF 41.64 FEET TO A POINT ON THE SOUTH LINE OF LINDEN AVENUE;THENCE NORTH 89 DEGREES 34 MINUTES 00 SECONDS EAST ALONG SAID SOUTH LINE,A DISTANCE OF 44.05 FEET; THENCE SOUTH 0 DEGREES 33 MINUTES 31 SECONDS EAST,A DISTANCE OF 31.97 FEET;THENCE SOUTH 15 DEGREES 09 MINUTES 05 SECONDS EAST,A DISTANCE OF 10.51 FEET;THENCE NORTH 89 DEGREES 49 MINUTES 22 SECONDS WEST,A DISTANCE OF 46.70 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. SAID EASEMENT CONTAINING 1858 SQUARE FEET OR 0.043 ACRES. STORMWATER AND DRAINAGE EASEMENT THE WEST 10.00 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PART OF THE NORTHEAST QUARTER OF SECTION 13,TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER, 33 RODS WEST OF THE SOUTHEAST CORNER THEREOF; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION 17 RODS TO THE SOUTH LINE OF LINDEN AVENUE;THENCE WEST ALONG SAID SOUTH LINE 4 RODS 9 LINKS;THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION 17 RODS TO THE SOUTH LINE OF SAID QUARTER SECTION;THENCE EAST 4 RODS 9 LINKS TO THE POINT OF BEGINNING, EXCEPTING THAT PART OF SAID PREMISES LYING WITHIN CHICAGO STREET, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. SAID EASEMENT CONTAINING 2,474 SQUARE FEET OR 0.057 ACRES. TEMPORARY CONSTRUCTION EASEMENT PIN 06-13-282-015 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, 544.50 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 33.00 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 205.73 FEET;THENCE SOUTH 89 DEGREES 49 MINUTES 22 SECONDS EAST,A DISTANCE OF 46.70 FEET; THENCE NORTH 15 DEGREES 09 MINUTES 04 SECONDS WEST,A DISTANCE OF 10.51 FEET;THENCE NORTH 0 DEGREES 33 MINUTES 31 SECONDS WEST,A DISTANCE OF 31.97 FEET TO A POINT ON THE SOUTH LINE OF LINDEN AVENUE;THENCE NORTH 89 DEGREES 34 MINUTES 0 SECONDS EAST ALONG SAID SOUTH LINE,A DISTANCE OF 7.25 FEET; THENCE SOUTH 0 DEGREES 45 MINUTES 15 SECONDS EAST,A DISTANCE OF 36.77 FEET; THENCE SOUTH 14 DEGREES 19 MINUTES 18 SECONDS EAST,A DISTANCE OF 32.19 FEET; THENCE SOUTH 45 DEGREES 11 MINUTES 41 SECONDS EAST, A DISTANCE OF 18.22 FEET; THENCE SOUTH 0 DEGREES 33 MINUTES 31 SECONDS EAST,A DISTANCE OF 54.12 FEET; THENCE SOUTH 88 DEGREES 40 MINUTES 28 SECONDS WEST,A DISTANCE OF 37.11 FEET;THENCE SOUTH 01 DEGREES 19 MINUTES 32 SECONDS EAST,A DISTANCE OF 48.40 FFET;THENCE SOUTH 88 DEGREES 40 MINUTES 28 SECONDS WEST,A DISTANCE OF 7.13 FEET;THENCE SOUTH 0 DEGREES 32 MINUTES 01 SECONDS EAST,A DISTANCE OF 63.16 FEET TO A POINT ON THE NORTH LINE OF CHICAGO STREET;THENCE SOUTH 89 DEGREES 27 MINUTES 59 SECONDS WEST,A DISTANCE OF 28.27 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. SAID EASEMENT CONTAINING 10,015 SQUARE FEET OR 0.230 ACRES.