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Home My WebLink About20-146 Recorded (IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII a 21074570':v� State of Illinois ) RHSP FEE:$9.00 RPRF FEE: $1.00 County of Kane) ss KAREN A. YARBROUGH City of Elgin ) COOK COUNTY CLERK DATE: 03/1512021 12:22 PM PG: 1 OF 17 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. 20-146 AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH EVERCLEAN CW LLC 7, METZGER FAMILY TRUST NUMBER 101, DATED JUNE 3, 2020, AND THE SUSAN L. METZGER TRUST DATED JUNE 6, 2002 FOR OFFSITE STORMWATER MANAGEMENT AREA (1620 Villa Street) passed by the Elgin City Council at its legally convened meeting held on November 18, 2020. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of El in at the said City in the County and State aforesaid this November 24, 2020. RU /�� r ty Clerk q: 1 This instrument 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. 20-146 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH EVERCLEAN CW LLC 7, METZGER FAMILY TRUST NUMBER 101, DATED JUNE 3, 2020, AND THE SUSAN L. METZGER TRUST DATED JUNE 6, 2002 FOR OFFSITE STORMWATER MANAGEMENT AREA (1620 Villa Street) 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 Everclean CW LLC 7,Metzger Family Trust Number 101, Dated June 3, 2020, and the Susan L. Metzger Trust Dated June 6, 2002, for offsite stormwater management area (1620 Villa Street), 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 Cook County, Illinois. s/David J. Kaptain David J. Kaptain, Mayor Presented: : November 18, 2020 Adopted: : November 18, 2020 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk This Instrument Prepared by and Return After Recording to: William A. Cogley City of Elgin Legal Department 150 Dexter Court Elgin IL 60120-5555 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this 18th day of November , 2020, by and between EVERCLEAN CW LLC 7, (hereinafter referred to as the "Grantee") METZGER FAMILY TRUST NUMBER 101, DATED DUNE 3, 2020, and THE SUSAN L. METZGER TRUST DATED JUNE 6,2002,(hereinafter collectively referred to as the "Grantor") and the CITY OF ELGIN, a municipal corporation, (hereinafter referred to as the "City"). WITNESSETH WHEREAS, the Grantor owns the real property depicted on the plat of easement prepared by Haeger Engineering LLC, dated August 20, 2020, attached hereto as Exhibit A and incorporated herein by this reference, said property being located at the northeast corner of the intersection of U.S. Route 20 (Lake Street) and Lambert Lane, being commonly known as 30 W. Lake Street, Elgin, Illinois, and having Permanent Index Numbers 06-29-201-004 (hereinafter referred to as the"Subject Property"); and WHEREAS, the Grantee owns the real property located at the northwest corner of the intersection U.S. Route 20 (Lake Street) and Lambert Lane, being commonly known as , Elgin, Illinois, and being legally described in Exhibit B hereto (hereinafter referred to as the "Benefitted Property"); and WHEREAS, the Grantee desires to obtain a permanent easement from the Grantor for the benefit of the Benefitted Property for the purposes of constructing, maintaining,operating and repairing a stormwater overflow route over that portion of the Subject Property depicted by - 1 - the area designated "Stormwater Management Easement" on the above-referenced Exhibit A, as legally described on said Exhibit A (hereinafter referred to as the "Easement Premises"); and WHEREAS, the permanent easement from the Grantor to the Grantee is also intended to provide the City a permanent easement to enter upon the Easement Premises in the stormwater management areas and to provide the City the right,but not the obligation,to enter the Easement Premises to inspect and repair the stormwater management facilities in the event the Grantee fails to perform its maintenance obligations with respect to said facilities; and WHEREAS, the Grantor has agreed to grant such permanent easements to the Grantee and the City for such purposes and pursuant to the terms and conditions of this Easement Agreement. NOW,THEREFORE,for and in consideration of Ten Dollars($10.00)in hand paid to the Grantor, and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. That the Grantor does hereby grant to the Grantee and its successors and assigns of the Benefitted Property a permanent and exclusive(except as otherwise provided for in this Agreement) easement for stormwater drainage from the Benefitted Property and for the construction, installation, reconstruction, replacement, alteration, enlargement, relocation, inspection, maintenance, operation, repair, renewal and removal of a stormwater overflow route, along with any appurtenances or facilities related thereto (the "Stormwater 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 design and construction of the Stormwater Improvements in the Easement Premises on the Subject Property shall be as outlined in the Stormwater Report for the Benefitted Property and in accordance with the City of Elgin's ordinances and the final engineering plans approved by the City of Elgin. No change to the grade, topography or Stormwater Improvements in the Easement Premises shall be made without the - 2- prior written approval of the City of Elgin. The Grantor as owner of the Subject Property hereby reserves the right to relocate, modify, reconfigure and resize the Stormwater Improvements in the Easement Premises herein defined as part of the stormwater management easement granted herein as needed based on any future development and needs of that development and will not consider any subsequently constructed Stormwater Improvements location to be�a restrictive feature for future development to plan and/or design so long as any relocation, modification, reconfiguration and/or resize of the Stormwater Improvements herein identified shall be done at the approval of the City of Elgin without the need of approval of the owner of the Benefitted Property. Such relocated Stormwater Improvements may be either surface drainage or subsurface drainage in the discretion of Grantor and with City of Elgin approval. 2. That following the exercise by the Grantor of any easement rights granted herein,the Grantee 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 driveway and parking areas in the Easement Premises permitted under this Agreement,and shall leave the Easement Premises and surrounding premises free from debris,at the Grantee's sole cost and expense;provided,however,that the Grantee 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, that were removed and/or damaged by the Grantee's work in the Easement Premises,the parties agreeing that the amount of consideration to the Grantor 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 Grantor shall not be entitled to any additional compensation for the same. 3. That the Grantee for itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor and its successors harmless from any third party claims for personal injuries or property damage arising directly as a result of the Grantee's work in the Easement Premises during construction or during any subsequent maintenance or repair thereof. The Grantee further agrees to indemnify and hold harmless Grantor from any and all liens placed - 3 - against the Easement Premises arising from said construction, maintenance, or repair activities. 4. That the Grantor 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 Grantee's intended use of the Easement Premises;provided,however,that the Grantee may elect to allow fences, trees, or other structures to remain in the Easement Premises if the Grantee determines that any such fences,trees, or other structures will not interfere with the Grantee's intended use of the Easement Premises,in the City's sole discretion. 5. The Grantor shall have the right of ingress or egress to the property across the Easement Premises, and neither this Agreement nor the easement rights granted to the Grantee hereunder shall be a basis for denying or limiting Grantor's access to the public rights-of-way adjoining the Subject Property. In addition, the Grantor's means for ingress and egress to the Subject Property shall not be interrupted during the initial construction of the Grantee Improvements nor during any subsequent maintenance or repair of said improvements. In the event that the Grantor's ordinary means of ingress and egress would be interrupted due to the Grantee's exercise of its rights under this Agreement, the Grantee shall provide alternate or substitute means of ingress and egress for such periods of interruption at the Grantee's sole cost and expense. 6. The Grantor does hereby further reserve and grant to the City of Elgin and the Grantee, a permanent easement to enter upon the Easement Premises and the stormwater management easement areas with such equipment and personnel as may be deemed necessary for the purposes of performing aforementioned maintenance obligations.The City shall have the right, but not the obligation, to enter the Easement Premises with such equipment and personnel at any time for the purposes of access to and inspection of the stormwater management facilities located within said stormwater management easement areas. If the then owner of the Benefitted Property fails to perform its maintenance obligations with respect to said facilities,and after thirty(30)days of receipt of written notice from the City of said failure,the owner of the Benefitted Property fails -4- to make the required repairs, the City has the right, but not the obligation, to make the required repairs and to seek reimbursement from the then owner of the Benefitted Property, and/or to file a lien on the Benefitted Property for the costs incurred by the City in connection with performing the repairs or maintenance. In an emergency situation,the City is not required to provide notice to the owner prior to making the required repairs or performing the necessary maintenance. Under no circumstances shall Grantor be deemed responsible for the cost of maintenance or repair of the Stormwater Improvements located on the Easement Premises. 7. That no obstruction or structure shall be erected or located,nor shall any trees be planted, over the Easement Premises, nor shall any other activities be undertaken that unreasonably interfere with the City's intended use thereof, but the same may be used for landscaping, fencing, parking or other purposes if approved in writing by the City of Elgin and if such use does not then or later interfere with the aforesaid stormwater drainage purposes. The City shall have the right to remove any fences,buildings or structures, and to cut down,trim or remove any trees, shrubs,bushes,roots or other plantings that interfere with the operation or access to such Stormwater Improvements in the Easement Premises. The City shall not be responsible for the replacement or repair of any such buildings, structures,improvements,turf, fences,trees,gardens, shrubs or landscaping removed or damaged during the exercise of the herein given rights, replacement and/or repair of said item shall be the responsibility of the then property owner of the Subject Property. 8. That no amendment,revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 9. 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. 10. 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 - 5 - enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Cook County, Illinois. 11. That the Grantee and the City may utilize the services of third party contractors, employees or other agents to perform work in the Easement Premises. 12. That the Grantor hereby represents and warrants to the Grantee and 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. 13. 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. 14. 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. 15. That this Agreement shall be recorded by the Grantee at the Grantee's cost with the Cook County Recorder. IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above. j EVERCLEAN CW LLC 7: METZGER FAMILY TRUST NUMBER 101, DATED DUNE 3, 2020 By: By: Name Name Its: - 6 - 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 Cook County, Illinois. 11. That the Grantee and the City may utilize the services of third party contractors, employees or other agents to perform work in the Easement Premises. 12. That the Grantor hereby represents and warrants to the Grantee and 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. 13. 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. 14. 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. 15. That this Agreement shall be recorded by the Grantee at the Grantee's cost with the Cook County Recorder. IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above. METZGER FAMU Y TRUST NUMBER 101, EVERCLEAN CW LLC 7: DATED JUNE 3, 2020 t By: By: Name Ndrne Its: �'ll �-6-- -6- CITY OF EL IN SUSAN L. METZGER TRUST DATED JUNE 6, 20 2 By: By: Mayor r ZT: Its: City Clerk FALegal Dept\Agreement\Easement Agreement-Everclean-Metzger-1620 Villa St-Clean-10-6-20.docx - 7 - STATE OF ILLINOIS ) SS. COUNTY OF I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that ICAQeiV ,(AGUE!- 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, for the uses and purposes therein set forth. Given under my hand an official seal, this 1IJA y of tV t jtg v- , 2020. Notary Public "OFFICIAL SEAL" RICHARD L.HEIMBERG Notwy Public,Stab of IWrals L y Commission Expires 08/16122 - 8 - STATE OF ILLINOIS ) SS. COUNTY OF KwL:" ) 1, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that ks an, L. M etu e✓ personally known to me to be the same persons whose na es 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, for the uses and purposes therein set forth. Given under my hand an official seal, this ,(d970 day of X:b b-4- , 2020. Notary Public " LI CiAL „ RICHA,RD L.HEiMEERG Nosy PUNK.8'fatJe of Minds My OwnrlAsion Expims 08/16= - 9 - STATE OF ILLINOIS ) COUNTY OF SS. I, the undersi ed, a No Public, in and for said County, in the State aforesaid, do hereby certify than m 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, for the uses and purposes therein set forth. Given under my hand an official seal,this day of , 2020. Notary Public CAROLY00N Official Seal Notary Public•State of llUnois My Commission Expires Jan 8, 2023 STATE OF ILLINOIS ) SS. COUNTY OF ) 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 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, for the uses and purposes therein set forth. Given under my hand an official seal,this ��" day of cV , 2020. N ry P�Ufic JENNIFER J. OUINTON OFFICIAL SEAL Notary Public,State of Illinois My Commission Expires January 10,2024 - 10 - i EXHIBIT A Final Plat of Easement, prepared by Haeger Engineering LLC, originally dated August 5, 2020, with the latest revision date of September 14,2020,to be inserted. - 11 - r.I.N.oe-Ev.tam FINAL PLAT OF EASEMENT SNEETIDFI Exhibit A . n��wTHEm.��DDDR�,Nn.�D� fS LDT 21 s' 6 IN sue` $H ER WOOD �S. 0, so Is y launow q k S c} ®so Y Y SCALE:1• 50' a 3 .: ys 20 i i` 14SdffitldeE 1 i 1 1 I I w I.Fry I I 1 V r t I lrf TNrla .w ♦ A FL 1• ' � iW .o rur. v ,,yam.`•,,� \ w,�;�.'�' /� ��. p1AnFN/I •lOIE 09t iic�10 D ATT TIE souTSEnsTco NM Non,-Nn nEF w.sEFT w+E �E TIE—',�DF > WWTE ,o p 4 1 ! aEaNnuw: tl FeET TD.E Fax,or \ u'�.t ��`, rr�ENDE NONmnoecnEFsss.nurzs nsE001109 EIST uaxD suD T�MTMExCF BOUT.n OEGxEEs x nwufES a sFLON06 fw4T. T— OE SWT1 9 11 SI IYMNE9FN SELON09 F/1i.1.Yt rEST:iNENGE 90U.1]DECNEE9 M W WFES 119ECON09 E T.T.11 EEE1 M-1 SOUM N ` WNJTES n sEOtwp6 FLSTO, FEE,'.TENOE NO.TN tl oECAEE6 Y WNDIES e FELT,N.>—SOU.tlOE.—uu NwYTF9+09ECOIOS ME9T.]5p 'I FEET TNEr«f Non.W o-..tl WNUTES a SECONDS—1.S..m FEET ` I TIIENLE NMM tl DEGREES tl IWIFS]B 6ECONDS WE,,,,o)a FEET:.ENCE S�. \ % IIORIH 72 DEGelS n YwuTEs� rC--T,a.n FCET:meFce Nql.W p _ ,... WDED.FErM WND EsnrEUN ..,,FEFT..E,KENDn.aDINUM ` lCT —_nh.•.Fr..n-F I wEaT.nN,.�FEETTOTWIIEPdITOie�IlYlwc.Nlix THE alr of i�wM SEGO , 1 1 �- I OrgidF rnpo 2O 20 hoj.tl W.19-015 HAEGER ENGINEERING 'vq.Dpm�. bM wNwTon 4�.. wN.Xiowv N.��wwwT�iu®�v N� _ 1 r EXHIBIT B Legal Description of the Property. LOT 1 IN MORNINGSIDE POINT SUBDIVISION, BEING A SUBDIVISION IN THE SOUTHEAST QUARTER OF SECTION 20 AND THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN, COOK COUNTY, ILLINOIS. - 12 -