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HomeMy WebLinkAbout18-106 Resolution No. 18-106 RESOLUTION RATIFYING THE EXECUTION OF CONSENT OF LICENSEE FOR AN AMENDMENT TO GRANT OF EASEMENT BETWEEN THE FOREST PRESERVE DISTRICT OF KANE COUNTY AND THE FOX RIVER WATER RECLAMATION DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby ratifies and approves the execution of Consent of Licensee for an Amendment to Grant of Easement by David J. Kaptain, Mayor, with the Forest Preserve District of Kane County and the Fox River Water Reclamation District for the purpose of the constructing, installing, and maintaining an eight inch sludge forcemain sanitary sewer line, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: September 26, 2018 Adopted: September 26, 2018 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk STA-rE'OF ILLINOIS ) SS. COUNTY OF KANE ) RESOLUTION NO. FP-R-18-09-2669 RESOLUTION AUTHORIZING AN AMENDMENT TO A GRANT OF EASEMENT WITH THE FOX RIVER WATER RECLAMATION DISTRICT THROUGH A PORTION OF THE ELGIN SHORES FOREST PRESERVE WHEREAS, the Forest Preserve District of Kane County and the Fox River Water Reclamation District (FRWRD) desire to amend the current Grant of Easement agreement which is attached hereto and made a part hereof as Exhibit A; and; WHEREAS, FRWRD has requested two permanent easements that will allow for installation and maintenance of a new force main sanitary line through a portion of the Elgin Shores Forest Preserve; and WHEREAS, the Easement Agreement establishes FRWRD as responsible for all future maintenance and repair of said easement and any and all improvements; and WHEREAS, FRWRD has requested an enlargement of the temporary construction easement area and desires a two-year agreement time extension from the date of this amendment; and Page 1 WHEREAS, this new sanitary line will allow FRWRD to serve their customers more efficiently in the future and the District enjoys a mutually beneficial relationship with FRWRD and would allow this project to move forward. NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the Forest Preserve District of Kane County, Kane County, Illinois, that the President and Secretary of the District be and hereby are, authorized to execute and deliver on behalf of the District, the Amendment to Grant of Easement agreement hereto and made part of as attached. APPROVED AND PASSED this 11th day of September, 2018. Michael Kenyon Philip Lewis President, Forest Preserve District Secretary, Forest Preserve District Kane County, Illinois .QPESERVF' Kane County, Illinois ��••PF 111' Page 2 EXHIBIT [FOR RECORDER'S USE AMENDMENT TO GRANT OF EASEMENT This Amendment to Grant of Easement("Amendment')made this 11th day of September , 2018,by and between the FOREST PRESERVE DISTRICT OF KANE COUNTY(hereinafter referred to as "Grantor") and the FOX RIVER WATER RECLAMATION DISTRICT, an Illinois Municipal corporation (hereinafter referred to as "FRWRD") (the Grantor and FRWRD are collectively referred to herein as the"Parties"). WHEREAS, Grantor and FRWRD entered into a certain Grant of Easement dated September 13, 2016 and recorded in Kane County on November 7, 2016 as document number 2016KO61434 ("Agreement') a true copy of which is attached hereto as Exhibit C and incorporated herein; and WHEREAS, despite reasonable diligence,the construction of the force main provided for in the Agreement has been delayed and was not constructed within the time constraints of the easement; and WHEREAS, the contractor engaging in the construction for the FRWRD project is requesting additional easement area for the temporary construction easement and additional access 1 to Forest Preserve property to accommodate the construction methods and construction conditions; and WHEREAS,Grantor agrees to extend the time for construction and to enlarge the area for the temporary construction easement provided for in the Agreement. NOW,THEREFORE, in consideration of the acceptance of this Amendment to Grant of Easement by FRWRD and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree that the Agreement is amended, as follows: 1. The parties agree that the construction project may be commenced in the fall of 2018. 2. The time for the temporary construction easement as provided for in paragraph 1 of the Agreement, shall be amended to provide for a period of twenty-four(24)months from the date of the last signing of this Amendment by the Parties. 3. The area granted for the Temporary Construction Easement Area in the Agreement as depicted on Exhibit A to the Agreement is agreed by the parties to be enlarged by an additional area that is 40 foot by 50 foot adjacent to the Westerly side of the 20 foot Temporary Construction Easement (which 20 foot Temporary Construction Easement is depicted on Exhibit A to the Agreement) and depicted on Exhibit A by Burns and McDonnell dated May 2018 and further depicted on Exhibit B by Bums and McDonnell dated May 2018,attached hereto and incorporated herein. 4. Further,the Grantor agrees to permit a temporary right of access for ingress and egress over the existing roadway, construction storage or "lay down area" and the installation of dewatering well(s) and dewatering line(s), with discharge to a retention pond, all as depicted on Exhibit A and Exhibit B to this Amendment. 2 5. FRWRD agrees to install construction fencing around the construction zone, tree protection fencing, pavement repair and patching, a sediment filter bag before discharge of the dewatering line(s) all as depicted on said Exhibit A and Exhibit B to this Amendment. 6. FRWRD further agrees that the Boat Ramp shall be accessible at all times to boat ramp users and that construction will only occur between September 4 to and including February 28. 7. The city of Elgin has.a license agreement with the Grantor for use of a portion of the Grantors Property that includes some of the Subject Parcels as defined in the Agreement. The city of Elgin has executed the Consent to Licensee attached hereto to indicate its consent to the Grant of Easement and this Amendment to Grant of Easement. 8. This agreement shall be recorded by FRWRD at FRWRD's cost with the Kane County Recorder. 9. That the Agreement remains in full force and effect, except as specifically set forth in this Amendment. SIGNATURE PAGES FOLLOW 3 IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed and delivered by their respective authorized agents the day and year first above-written. GRANTOR: FRWRD: FOREST PRESERVE DISTRICT OF FOX RIVER WATER KANE COUNTY RECLAMATION DISTRICT By: By: 4�L Michael J.Kenyon, Pre ent Its President ATTEST: ATTEST: Philip Lewis, Sec aryIts Clerk 4 STATE OF ILLINOIS ) S.S. COUNTY OF KANE ) 1, the undersigned, a Notary Public in and for said County and State aforesaid, do hereby certify that MICHAEL J. KENYON,personally known to me to be the President of the Forest Preserve District of Kane County, an Illinois Forest Preserve District, and Philip Lewis, personally known to me to be the Secretary of said District, and 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 severally acknowledged that as such President and Assistant Secretary, they signed and delivered the said instrument as President and Assistant Secretary of said District. Given under my hand and official seal this 11 th day of September, 2018. Notary Public My Commission Expires September 6, 2021. ELLEN J MAGLIO Official Seal Notary Public-State of Illinois My Commission Expires Sep 6,2021 5 STATE OF ILLINOIS ) S.S. COUNTY OF K A N E ) I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that 8 ryCr, R 45 rh,personally known to me to be the President of the Fox River Water Reclamation District,and personally known to me to be the Clerk of said District, and 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 severally acknowledged that as such President and Secretary, they signed and delivered the said instrument as the President and Secretary of said District. Given under my hand and official seal this day of , 2018. Notary Public My Commission Expires Prepared by and return to: Douglas J. Scheflow Attorney at Law 63 Douglas Avenue,Suite 200 Elgin,Illinois 60120 Ph: 847-695-2800 FRWRI)CEasement Agr-FPKC Forcemain AmendmentQ 6 CONSENT OF LICENSEE The undersigned,CITY OF ELGIN, as LICENSEE under a certain License Agreement dated 11/2/2 016 , does hereby consent to the execution of the attached Amendment to Grant of Easement between the FOREST PRESERVE DISTRICT OF KANE COUNTY (hereinafter referred to as"Grantor") and the FOX RIVER WATER RECLAMATION DISTRICT, an Illinois Municipal corporation(hereinafter referred to as "FRWRD") for the purpose of the constructing, installing, and maintaining an eight inch sludge forcemain sanitary sewer line. DavidjVKapAn,Mayor 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 David J. Kaptain, Mayor, 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 he signed and delivered the said instrument as his free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal, this Iq day of 2018. Notary Public M AL SEAL" S.BAILEY ,stats of IIIUdsEpim OWV/21 7 EXHIBIT A Bums and McDonnell drawing dated May 2018 identified as Exhibit A EXHIBIT B Bums and McDonnell drawing dated May 2018 identified as Exhibit B . EXHIBIT C Grant of Easement dated September 136,2016 and recorded in Kane County as document number 2016KO61434 8 1 Z 7 e 7 e e to 11 12 17 11 E..I eY. a I cid I e„aaNa, 0 ltYt fEv CO bDUFD FOR DDI I7EER CD UfD FW 6T11UCTNM PROPERTY LINE A ROAowAr oPEN FOR ACCESS PERMANENT EASEMENT(TYP),20' D NOTED: T.--WNTRACTOR SHALL COORMATE WRH THE U.B.MW MR"DF END W ERD(--E)AND THE RARE COUNTY SOS.AND WATER CONSEMATNIN DISTRICT(KCDWCO)FOR ��Fei���1e�� CONMALL DE ACCEDD1alDTRUCWRNM EMW AREAS. FwVFN/Mwly L DOAT RAMR SMALL AT All C MPD. 7. CONDiRUCIIpI FENCE REQUIRED AROUND RETENTION THE CONaT1UDTtON ZONE. POND A„ LAV DOWN AREA e.+! • • DEWATERING LME DEWATERING WELL(TYP) r I .. SEDIMENT FILTER BAG—� I ACCESS AGREEMENT AREAJW - E, �DURNS MSDONNELL 101 OPUS PUCE SURE 100 DELIEATM DDIEIE IL IMIS N LICENSEE MO.161.001]10 TEMPORARY EASEMENT(TYP) uAr mte Y c.AnclR ouT"dT- !! 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M� 20 1 SKO61 434 SPNEW WEGMAN RECORDER - KANE COUNTY, IL RECORDED: 11/7/2016 0l:c2 PM REG FEE: 75.00 RHSPS FEE: 3.00 PRGES: 9 [FOR RECORDER'S USE GRANT OF EASEMENT This Grant of Easement ("Agreement") made thi day o ,2016, by and between the FOREST PRESERVE DISTRICT OF KANE COUNTY (hereinafter referred to as "Grantor") and the FOX RIVER WATER RECLAMATION DISTRICT, an Illinois Municipal corporation (hereinafter referred to as "FRWRD") (the Grantor and FRWRD are collectively referred to herein as the "Parties"). WHEREAS,Grantor is the owner of a certain real property situated in the County of Kane, Illinois, consisting of land lying near or adjacent to the Fox River running along the south side of U.S. Route 20, as depicted and described in the Plat of Easement prepared by ate E?V'� ,dated .2 — Z-- 2�) attached hereto as Exhibit A and made a part hereof by this reference (Parcel and Parcel are collectively referred to herein as the "Subject Parcels"): and WHEREAS, FRWRD desires to obtain from the Grantor, and Grantor agrees to grant to FRWRD, a permanent, non-exclusive, 20 foot wide easement over the Subject Parcels for the purpose of constructing, operating, and maintaining a new eight inch (8") sludge forcemain I Packet Pg.49 sanitary sewer line, manholes and appurtenances over those areas of the Subject Parcels depicted and described on Exhibit A, and designated thereon as "the Easement Area"(the easement area is referred to herein as the"Easement Premises"); and WHEREAS, FRWRD desires to obtain from the Grantor, and Grantor agrees to grant to FRWRD, a temporary construction easement over the area designated as the "Temporary Construction Easement Area" described on Exhibit A for the purpose of constructing, installing, maintaining, or removing the eight inch (8") sludge forcemain sanitary sewer line, manholes and appurtenances contemplated herein (the temporary construction easement area is referred to herein as the "Temporary Construction Easement Area"); and WHEREAS,the Parties have agreed to the granting of such easement to FRWRD for such purposes and pursuant to the terms and conditions of this Grant of Easement. NOW, THEREFORE, in consideration of the acceptance of this grant by FRWRD and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1. The Grantor hereby grants to FRWRD a permanent, non-exclusive easement to locate, install, construct, operate, use, maintain, upgrade, repair, service, replace, or remove eight inch (8") sludge forcemain sanitary sewer line, along with any manholes or similar appurtenances or facilities related thereto, within, over, under, along, across and through the Easement Premises (hereinafter referred to as the "FRWRD Improvements"), together with the right of ingress and egress to and from said Easement Premises with such agents, contractors,or personnel as may be deemed reasonable and necessary in connection with the exercise of the rights granted herein, subject to the terms and conditions contained herein. Additionally, there is hereby granted a temporary construction easement over the Temporary Construction Easement Area for a period of 2 Packet Pg.60 twenty-four (24) months from the date of the last signing hereof by the parties. This grant of easement shall be limited to such improvements as are initially installed,together with replacement or maintenance of same, without any further right to add additional sewer pipes or expansion of the initial facilities installed at the location, unless expressly permitted in writing by Grantor. 2. FRWRD Improvements shall be installed,constructed,operated, used,maintained, upgraded, repaired, serviced, replaced, and removed in a workmanlike manner. To the extent reasonably practicable, FRWRD Improvements shall be buried below ground. 3. That immediately following any installation, construction, or maintenance of FRWRD Improvements, or any other exercises by FRWRD of any easement rights granted herein, FRWRD shall remove or cause to be removed from the Easement Premises all debris, surplus material, and construction equipment, leaving such Easement Premises in a neat and presentable condition. FRWRD shall further have a continuing obligation to restore promptly to a level surface any portion of the Easement Premises that settles and to restore the Easement Premises to its original condition as existed immediately prior to FRWRD's exercise of the easement rights granted herein as is reasonably practicable;provided,however,that FRWRD shall not be obligated to replace or repair any trees, bushes, shrubs, or other plant material that are removed by FRWRD during the exercise of the easement rights granted herein. FRWRD agrees to use reasonably practicable efforts to minimize the removal of such plant material. 4. Upon reasonable notice to Grantor (except in case of emergency), FRWRD shall have the right of ingress to and egress from the Easement Premises for purposes of construction, repair, replacement, maintenance, and removal of FRWRD Improvements and to otherwise exercise the easement rights granted herein. 5. Grantor reserves the right to use the Easement Premises and to grant other and 3 Packet Pp.51 further easements to third parties for all purposes that will not interfere with FRWRD's full enjoyment of the rights granted by this instrument; provided, however, the Grantor shall not erect or construct any building or shelter, nor shall Grantor plant any trees, on the Easement Premises without the prior written consent of FRWRD. Grantor shall also not grant any additional easements over the Easement Premises which unreasonably interfere with FRWRD's full enjoyment of the rights granted by this instrument. 6. That FRWRD for itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor and its successors harmless from third party claims for personal injuries or property damage arising directly as a result of FRWRD's work in the Easement Premises during construction or during any subsequent maintenance or repair thereof. FRWRD further agrees to indemnify and hold harmless Grantors from any and all liens placed against the Easement Premises arising from said construction, maintenance or repair activities. 7. That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all Parties hereto. 8. That this Grant of Easement 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. That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 10. That FRWRD may utilize the services of third party contractors,employees or other agents to perform work in the Easement Premises. 11. That Grantor hereby represents and warrants to FRWRD that it is the fee simple 4 Packet Pg.62 title holder of the Subject Parcels and that it has the full power and authority to enter into and make the grant of easement as provided herein. 12. That this agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 13. 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. That this agreement shall be recorded by FRWRD at FRWRD's cost with the Kane County Recorder. SIGNATURE PAGES FOLLOW 5 Packet Pg.53 IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed and delivered by their respective authorized agents the day and year first above-written. GRANTOR: City: FOREST PRESERVE DISTRICT OF FOX RIVER WATER KANE COUNTY RECLAMATION DISTRICT !y' ice .— 144 By: By: � ?.c r. bti ]is President Its President ATTEST: ATTEST: Its Amort SeJretary It Oen rk STATE OF ILLINOIS ) S.S. COUNTY OF KANE ) 1, the undersigned, a Notary Public in and for said County and State aforesaid, do hereby certify that MICHAEL KENYON, personally known to me to be the Preside f the orest Preserve District of Kane County, an Illinois Forest Preserve District, and G personally known to me to be the A^-;i^*a=Secretary of said District, and 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 severally acknowledged that as such President and Assistant Secretary, they signed and delivered the said instrument as President and Assistant Secretary of said District. Given under my hand and official seal this day � �,c�/L, 2016. Notary Public My Commission a/ OFFICIAL SEAL PATRICIA LK OF ILUNOIS N MY COMM SSIOND(PI 6 STATE OF ILLINOIS ) S.S. COUNTY OF K A N E ) I, the undersi ned, a Notary Public in and for the County and State aforesaid, do hereby certify that ,personally known to me to be the President of the Fox River Water , Reclamation District, and J2kfl-\(1.r'I1i;j 1(9y1,-W j personally known tome to be the 9cet of said District, and personally kilo to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such President and Secretary, they signed and delivered the said instrument as the President and Secretary of said District. Given under my hand and official seal this 06 day of 2016. lc;lAL :A 1 1 JAC-04+LAE A �4tiaCKER NOTARr d'.1h:C Sy.:T; :.>F ILLINOIS MY COMMISSION EXPIRES 07!.10/10 No ,ry P68lic My Commission Expires Prepared by and return to: Gerald K.Hodge Kinnally,Flaherty,Krentz& Loran, P.C. 2114 Deerpath Road Aurora,IL 60506 7 EXHIBIT A To be inserted. 8 i �I a $ 3 7 Ji t JI Ji £fi •A �•�����������' #�������a�� �c _.�•`u- � : � as �� � inj smN� MIR) r�Y p g "`j � � � � a�e�YiCMR9�,�cpJa�4j���4 \�� \\\.�\\ _ oy ~�p� �� a' 0 ����9�9q �•o � zz r �dg 9e At ss 6 s$ fit ra Is1 •� � &� - r W As- as an! II m �••� 311111t;ggill'sp#-96 1H.112NIZ111ila 4 s lip ski j L_.s. ELGIN SPORTS COMPLEX w�rr �r�1rr wlrrrr ti -• 1 rrrw ..•�.•,�. rA Yi t _ " . r � � E L. 1 .II I a SCALE�N4 y� on Map !l a r r r y��.