HomeMy WebLinkAbout00-220 Recorded Resolution No . 00-220
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
FOR SANITARY SEWER AND WATERMAIN PURPOSES
(Northwest Business Park)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City
Clerk, be and are hereby authorized and directed to execute an
easement agreement on behalf of the City of Elgin with Bank
One Trust Company, N.A. , as successor in interest to The First
National Bank of Chicago, as Trustee of the Edward J. Busse
Trust dated April 2 , 1987 , and Ruth Busse, as Trustee of the
Ruth Busse Trust dated April 2 , 1987 , and Wispark Corporation,
for an easement for sanitary sewer and watermain purposes for
the Northwest Business Park over the property legally
described in the Easement Agreement, a copy of which is
attached hereto and made a part hereof by reference .
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/ Ed Schock
Ed Schock, Mayor
Presented: September 27 , 2000
Adopted: September 27 , 2000
Vote : Yeas 7 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
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MAP ATTACHED
EASEMENT AGREEMENT AND PLAT OF EASEMENT
BEING RECORDED TO CORRECT OMISSION OF PLAT
WHEN EASEMENT RECORDED DECEMBER 22, 2000,
AS DOCUMENT NO. 2000K102837
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After recording return to :
Dolonna Mecum
Elgin City Clerk
150 Dexter Court
Elgin, IL 60120
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FILED. FOR RECORD
7000K 102837 TM DEC 27. 11: 00
EASEMENT AGREEMENT
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This document prepared by and )
once recorded return to: )
)
Peter C. Bazos, Esq. )
SCHNELL, BAZOS, FREEMAN )
KRAMER& SCHUSTER )
1250 Larkin Ave. )
Suite 100 )
Elgin, IL 60123 )
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THIS AGREEMENT, dated as of this 27th day of September, 2000, among BANK ONE
TRUST COMPANY,N.A., as successor in interest to The First National Bank of Chicago, as Trustee
of the Edward J. Busse Trust dated April 2, 1987, and RUTH BUSSE, as trustee of the Ruth Busse
Trust dated April 2, 1987 (hereinafter collectively called "Grantor"),the City of Elgin, Illinois, an
Illinois municipal corporation(the"City") and WISPARK CORPORATION, a Wisconsin corporation
(the"Adjacent Parcel Developer").
RECITALS
WHEREAS,the City is considering the annexation into the City of that parcel of property
legally described on Exhibit 1 attached hereto (the"Adjacent Parcel"); and
WHEREAS,the Adjacent Parcel is adjacent to the land owned by the Grantor, as more
particularly described on Exhibit 2 attached hereto (the"Grantor's Parcel"), and the Adjacent Parcel
Developer intends to develop same for industrial and commercial purposes; and
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WHEREAS,to facilitate the development by the Adjacent Parcel Developer of the Adjacent
Parcel following its annexation,the Adjacent Parcel Developer and the City have requested that the
Grantor grant to the City certain easements as more particularly described herein;
NOW, THEREFORE, in consideration of the covenants and agreements set forth herein, and of
other good and valuable consideration, it is agreed as follows.
AGREEMENT
1. Grant of Easements. On the terms and conditions set forth herein,the Grantor does
hereby grant to the City those permanent easements for sanitary sewer and watermain and those
temporary construction easements (collectively the "Easements" and respectively the"Sanitary Sewer
Easement" and the "Watermain Easement" and the "Temporary Construction Easements") with respect
to"Parcel A" and"Parcel B" (being portions of the Grantor's Parcel, and somefuii'es hereinafter
W:\WORK\27005\Grant of Easement v4 dos
2001 K 0 17 8 655 lifi:� `.
collectively referred to as the"Easement Parcels")as more particularly depicted and described on the
Plat of Easements prepared by Cowhey Gudmundson Leder,Ltd. dated September 19,2000 and
attached hereto on Exhibit 3.
2. Term and Conditions. The Easements, and the City's rights with respect thereto, shall
be subject to the following additional conditions:
(a) The City shall not install any above-ground structures or equipment(other than(i)valve
boxes flush with the surface of the ground; (ii)fire hydrants; and(iii) such manholes as may
be reasonably required for the City's proper use,maintenance,operation of and access to the
subsurface utilities installed by it in said Easement Parcels)on the surface of,or above,the
Easement Parcels;
(b) The City shall promptly repair and restore each of the Easement Parcels to its original
grade, and shall repair or replace any landscape damaged or disturbed by the City in the
exercise by the City of its rights hereunder;
(c) The Grantor shall not erect any permanent buildings or structures upon the Easement
Parcels, nor undertake any other activities thereon which unreasonably interfere with the
Easement Parcels and the City's intended use thereof; provided,however,that Grantor
shall have the right to install landscaping, driveways, public roads and parking surfaces
(collectively"Permitted Improvements")over an upon said Easement Parcels, and the City
shall repair any damage to said Permitted Improvements caused by the exercise by the City
of its easement rights hereunder.
(d) The City and its contractors and agents shall at all times exercise the Easement rights herein
granted in good faith and in such a manner as to reasonably accommodate the development
by Grantor of the remainder of the Grantor's Parcel.
3. Further Agreements. The design, construction and installation of all of the utilities
within the Easement Parcels (the"subject utilities"), as well as the design, construction and installation
of the West Sewer Line (hereafter defined) are to be performed by the Adjacent Parcel Developer. The
Easements herein granted are expressly subject to the conditions that:
(a) The Adjacent Parcel Developer shall install a sanitary sewer line along the entire
westerly right-of-way of Galvin Drive to approximately the southerly right-of-way line
of Illinois State Route 72 (hereinafter called the"West Sanitary Line"). Further,the
Adjacent Parcel Developer shall cause the West Sanitary Line to be (i) sized with
sufficient capacity to serve the reasonably foreseeable needs of the Grantor's Parcel
when same is developed; and (ii) cause the sanitary sewer line in the Sanitary Sewer
Easement to be installed at minimum gradient so as to maximize the land area of the
Grantor's Parcel which could gain access to said sewer without the need for a lift
station.
(b) In connection with the design and installation of the subject utilities within the
Easement Parcels, the Adjacent Parcel Developer shall (i) cause all such utilities to be
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2001K0 7865
sized with sufficient capacity to serve the reasonably foreseeable utility needs of the
Grantor's Parcel when same is developed; and(ii)cause the 12 inch sanitary sewer line
in the Sanitary Sewer Easement to be installed at minimum gradient so as to maximize
the land area of the Grantor's Parcel which could gain access to said sewer without the
need for a lift station.
(c) To the extent that the West Sanitary Line and/or the sanitary sewer in the Sanitary
Sewer Easement cannot be constructed to a depth that will accommodate any portion
(or all)of the Grantor's Parcel with sewer service without the need for a lift station,
then to the extent that another sewer line is not then in place adjacent to the Grantor's
Parcel which does provide such gravity service,the Grantor shall be permitted by the
City to construct a lift station to discharge sanitary sewage to the West Sanitary Line
from portions of the Grantor's Parcel not otherwise able to be served by gravity flow to
said line.
(d) The City and the Adjacent Parcel Developer agree that upon the development of the
Grantor's Parcel,the Grantor may connect to the subject utilities and to the West Sewer
Line to serve such development on the Grantor's Parcel,provided, however,that the
method of connection shall comply with all applicable laws. The City and the Adjacent
Parcel Developer further agree that neither of them(nor their respective successors or
assigns) shall have the right to recover from the Grantor or its successors or assigns any
portion of the costs and expenses (collectively"Installation Costs") incurred by the City
or the Adjacent Parcel Developer(as the case may be)to design, construct or install the
subject utilities or the West Sewer Line, whether by way of a so-called reimbursement
or recapture ordinance or otherwise.
(e) The Adjacent Parcel Developer covenants and agrees to cause the subject utilities and
the West Sewer Line to be constructed and installed not later than November 1, 2001,
and failing to do so,the Easements herein granted shall expire. Additionally,the
Temporary Construction Easements noted on the attached Plat of Easements shall
expire on the first to arrive of(1)the completion of construction of the intended utilities
within the Easement Parcels in question or (2)the arrival of November 1, 2001.
(f) The City agrees not to act in any manner which is inconsistent with the obligations and
agreements of the Adjacent Parcel Developer as set forth in this paragraph 3; it being
agreed and understood, however, that the City shall have no obligation to design,
construct or install the utilities herein described.
4. Indemnification.
(a) The City shall at all times indemnify, defend and hold Grantor and Grantor's successors,
assigns harmless from and against any and all claims, demands, damages, liabilities, costs
and expenses (including reasonable attorney's fees) arising out of or in connection with(i)
any wrongful or negligent act or omission taken by the City or its employees, agents,
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2001K017865 .�
contractors or subcontractors with respect to the Easement Parcels; or(ii)the breach by the
City of any of its covenants or obligations hereunder.
(b) The Adjacent Parcel Developer shall at all times indemnify, defend and hold Grantor and
Grantor's successors, assigns harmless from and against any and all claims, demands,
damages, liabilities,costs and expenses(including reasonable attorney's fees)arising out of
or in connection with(i) any wrongful or negligent act or omission taken by the Adjacent
Parcel Developer or its employees,agents,contractors or subcontractors with respect to the
Easement Parcels; or(ii)the breach by the Adjacent Parcel Developer of any of its
covenants or obligations hereunder.
5. Miscellaneous Provisions.
(a) Non-waiver. The failure by a party to enforce any provision of this Agreement
against the other party shall not be deemed to be a waiver of the right to do so thereafter.
(b) Modification of Agreement. This Easement Agreement may be modified or
amended only in a writing signed by both of the parties hereto, or their successors or assigns, as
the case may be.
(c) Captions. The paragraph captions are inserted for convenience of reference and
are in no way to be construed as a part of this Agreement or as a limitation on the scope of the
paragraphs to which they refer.
(d) Entire Agreement. All prior negotiations and agreements between the parties
hereto are superseded by this Easement Agreement, and there are no representations, warranties,
understandings or agreements other than those expressly set forth herein.
(c) Incorporation of Recitals and Exhibits. The recitals to this Easement Agreement,
as well as all Exhibits attached hereto, are by this reference incorporated herein.
(f) Joint Preparation. This Agreement is and shall be deemed and construed to be
the joint and collective work product of the Grantor, the City and the Adjacent Parcel
Developer and, as such, this 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.
(g) Law Governing. This Easement Agreement shall be governed by and construed
in accordance with the laws of the State of Illinois. In any legal proceeding between the parties
hereto, venue shall exclusively lie in the Sixteenth Judicial Circuit of Kane County, Illinois.
Each party hereby waives any objection it may have to commencement or transfer of any such
proceeding to either of said venues and hereby affirmatively consents to same.
2001K0t7865 4
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Sep-27-00 09: 56A Schnail -Bazos 847 742 9777 P_03
(h) Conflict. If any provision contained in any of the paragraphs of this Easement
Agreement is inconsistent with any statement or provision set forth on the Plat of Easements
attached hereto as Exhibit 3, the provisions within the main body of this Easement Agreement
• shall be deemed to be controlling.
IN WITNESS WHEREOF, the undersigned have executed this Easement Agreement as of this
27th day or September,2000.
BANK ONE, N.A.,as Trustee TI IE CITY OF ELGIN
as aforesaid an Illinois municipal corporation
ByJ2; fir. Az,(-- �' By:
Trust Oilicer/ Edward Schock, Mayor
Ruth Busse Trust
By: - Attest:
Ruth Busse, Trustee Delonna Mecum
City Clerk
WISPARK CORPORATION
A Wisconsin corporation
By `41 1/
iffiTARN
This document prepared by:
Peter C. Bazos
1250 Larkin Avenue
Elgin,Il 60123
847-742-8800
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(h) Conflict. If any provision contained in any of the paragraphs of this Easement
Agreement is inconsistent with any statement or provision set forth on the Plat of Easements
attached hereto as Exhibit 3, the provisions within the main body of this Easement Agreement
shall be deemed to be controlling.
IN WITNESS WHEREOF,the undersigned have executed this Easement Agreement as of this
27th day of September,2000.
BANK ONE,N.A., as Trustee THE CITY OF ELGIN
as aforesaid an Illinois municipal corporation
By: By:
Trust Officer Edward Schock, Mayor
Ruth Busse Trust
By: 1 AU/gee!! /�7T;e Attest: K''6L1 fi - --
Ruth
Busse, Trustee Delonna Mecum
City Clerk
WISPARK CORPORATION
A Wisconsin corporation
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By:&
This document prepared by:
Peter C. Bazos
1250 Larkin Avenue
Elgin, Il 60123
847-742-8800
2001KO17865 5
. Sep-27-00 09:56A Schnail -Bazos 847 742 9777 P_04
STATE OF ILLINOIS )
)ss.
COUNTY OF COOK )
I, a Notary Public in and for said County. in the state aforesaid, DO HEREBY CERTIFY.
THAT /t-ki).141kf the Bank One Trust Company, N.A., personally known to mc to be a
trust officer of said company afid 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 awn free and voluntary act, and as the free and voluntary act of said Bank, for the uses
and purposes therein set forth.
Given under my hand and notarial scal this 7716 day of September, 2000.
OF CIAL SEA
BONNIE J WAYNE
NOTARY PUBLIC STATE OF ILLINOIS /-) a Q�/ice
MY COMMISSION EXP.OCT.20 2014) f rc
NOTARY PUUBIAC
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STATE OF ILLINOIS )
)CM.
COUNTY 0F KANE )
BEFORE ME, the undersigned Notary Public, duly commissioned and qualified in and for said
County and State, personally came and appeared RUTH BUSSE. to mc known, who declared and
acknowledged to me,that she is the'1'ntstee of the Ruth Busse Trust datcd April 2, 1987,that as such
Trustee,and with lull authority, she signed and executed the foregoing instrument as the free and
voluntary act and decd of said Trust,and for the objects and purposes therein set forth.
Given under my hand and notarial seal this 27`h day of September, 2000.
NOTARY Pt1BLIC
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STATE OF ILLINOIS )
)ss.
COUNTY OF COOK )
I, a Notary Public in and for said County, in the state aforesaid, DO HEREBY CERTIFY,
THAT of the Bank One Trust Company,N.A., personally known to me to be a
trust officer of said company and 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 own free and voluntary act, and as the free and voluntary act of said Bank, for the uses
and purposes therein set forth.
Given under my hand and notarial seal this day of September, 2000.
NOTARY PUBLIC
STATE OF ILLINOIS )
)ss.
COUNTY OF KANE )
BEFORE ME,the undersigned Notary Public, duly commissioned and qualified in and for said
County and State, personally came and appeared RUTH BUSSE, to me known, who declared and
acknowledged to me, that she is the Trustee of the Ruth Busse Trust dated April 2, 1987,that as such
Trustee, and with full authority, she signed and executed the foregoing instrument as the free and
voluntary act and deed of said Trust, and for the objects and purposes therein set forth.
Given under my hand and notarial seal this 27th day of September, 2000.
v /
NOT• RYPU •
"OFFICIAL SEAL"
PETER C. BAZOS
NOTARY PUBLIC,STATE OF IWNO't
MY COMMISSION EXPIRES 027-
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2001K0I7665
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STATE OF ILLINOIS)
)ss.
COUNTY OF KANE )
BEFORE ME, the undersigned Notary Public,duly commissioned and qualified in and for said
County and State, personally came and appeared EDWARD SCHOCK, MAYOR OF THE CITY OF
ELGIN AND DELONNA MECUM, CLERK OF THE CITY OF ELGIN,each known to me to be the
Mayor and City Clerk,respectively, and acknowledged to me,that they with the authority of the City
Council of the City of Elgin, signed and executed the foregoing Easement Agreement as the free and
voluntary act and deed of the City of Elgin, and for the objects and purposes therein set forth.
Given under myhand and notarial seal this day September,o
1P 7f�f of 2000
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OFFICIAL SEAL
SUELLYN LOSCH V
NOTARY PUBLIC. STATE OF ILLINOIS U '�
`, My Commission Expires Oct. 27, 2002 N TARP pL LIC
STATE OF WISCONSIN )
)SS.
COUNTY OF /S enJGL )
I, the undersigned, a Notary Public in and for said County and State aforesaid, do hereby certify
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that 1Z/d p ,/�/((_; , personally known to me to be the Pim/deli f of WISPARK
CORPORATION, a Wisconsin corporation and personally known to me to be the same person whose
name is subscn ed to the foregoing instrument, appeared before me this day in person and acknowledged
that as such ii/e/ he signed and delivered the said instrument, pursuant to authority
given by the Board of Directors of said corporation, as his free and voluntary act, and as the free and
voluntary act and deed of said corporation, for the uses and purposes therein set forth.
Given under my hand and official seal,this p"�( ' ay ofye/y jeb,, 2000.
‘02- cyazao
NARY PUBLIC
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TABLE OF EXHIBITS
Exhibit 1 Legal Description of Adjacent Parcel(new WisPark parcel)
Exhibit 2 Legal Description of Grantor's Parcel
Exhibit 3 Plat of Easements
2001 0 7365
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09-26-2000 02:5Tpm From- 1-898 P.002/002 F-840
LEGAL DESCRIPTION
PARCEL 1
THE EAST 1/2 OF THE SOUTHWEST 1/4 (EXCEPT THE SOUTH 10 CHAINS) AND THE EAST 1/2
OF THE WEST 1/2 OF THE SOUTHWEST 1/4 (EXCEPT THE SOUTH 10 CHAINS) ALL IN SECTION
19. TOWNSHIP 42 NORTH. RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT
THEREFROM THE PARTS CONVEYED BY DEED RECORDED MAY 19. 1994 AS DOCUMENT 94K041618
AND BY DEED RECORDED SEPTEMBER 4, 1997 AS DOCUMENT 97K058996) IN THE TOWNSHIP OF
DUNDEE, KANE COUNTY. ILLINOIS.
PARCEL 2
•
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP
42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF
SAID SOUTHWEST QUARTER; THENCE SOUTH 89'11 '59" EAST, ALONG
THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF
1761 .17 FEET FOR THE POINT OF BEGINNING: THENCE CONTINUING
SOUTH 89'11 '59" EAST ALONG SAID NORTH LINE, 208.0 FEET;
THENCE ' SOUTH 00'48'01" WEST. 379.13 FEET; THENCE NORTH
89'11 '59" WEST PARALLEL WITH THE NORTH LINE OF SAID
SOUTHWEST QUARTER, A DISTANCE OF 208.0 FEET; THENCE NORTH
00'48'01" EAST. 379. 13 FEET TO THE POINT OF BEGINNING, IN
DUNDEE TOWNSHIP, KANE COUNTY.. ILLINOIS.
P0014 Malt"'
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EXHIBIT
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2001K017865
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PARCEL 1: That part of the South 660.0 feet of the Southwest Quarter of Section 19, Township 42 North, Range 8 East of the Third
Principal Meridian, described as follows: Beginning at the Southeast corner of said Southwest Quarter; thence North 88 degrees
58 minutes 11 seconds West along the South line thereof 2006.68 feet to the East line of Indian Trails Unit No. 2, a subdivision
of part of said Southwest Quarter of Section 19, and also a part of the East half of Southeast Quarter of Section 24, Township 42
North, Range 7; thence North 01 degree 16 minutes 25 seconds East along said East line, 660.01 feet to the North line of the
South 660.0 feet of said Southwest Quarter; thence South 88 degrees 58 minutes 11 seconds East along said North line, 2002.90
feet to the East line of said Southwest Quarter; thence South 0 degrees 56 minutes 44 seconds West along said East line, 660.0
feet to the point of beginning, containing 30.3756 Acres, in Dundee Township, Kane County, Illinois.
PARCEL 2: The West Half of the Southeast Quarter of Section 19, Township 42 North, Range 8 Eastof the Third Principal Meridian
(excepting therefrom that part described as follows: Beginning at the Northeast corner of said West Half; thence North 88
degrees 57 minutes 19 seconds West along the North line thereof 375.0 feet; thence South 01 degree 08 minutes 19 seconds West and
parallel to the East line of said West Half, a distance of 1184.63 feet; thence South 88 degrees 57 minutes 19 seconds East and
parallel with the North line of said Southeast Quarter, a distance of 375.0 feet to the East line thereof; thence North 01 degree
08 minutes 19 seconds East along said East line 1184.83 feet to the point of beginning; and also excepting therefrom that part
described as follows: Beginning at the Southwest corner of said Southeast Quarter; thence South 88 degrees 56 minutes 39 seconds
East along the South line thereof, 66.0 feet; thence North 0 degrees 56 minutes 44 seconds East along a line 66.0 feet East of
and parallel to the West line of said Southeast Quarter, a distance of 1737.54 feet to a point of curve; thence Northeasterly
along a curve to the right having a radius of 760.0 feet, an arc distance of 261.63 feet (the chord of the last described curve
bearing North 10 degrees 48 minutes 28 seconds East 260.34 feet; thence North 20 degrees 40 minutes 11 seconds East 185.20 feet
to a point of curve; thence Northeasterly along a curve to the left having a radius of 847.50 feet, an arc distance of 294.24
feet, (the chord of the last described curve bearing North 10 degrees 43 minutes 26 seconds East 292.76 feet); thence North 0
degrees 46 minutes 40 seconds East 156.15 feet to the Southerly right of way line of Route 72; thence North 89 degrees 13 minutes
20 seconds West 222.36 feet to the West line of said Southeast Quarter; thence South 0 degrees 56 minutes 44 seconds West along
said West line 2612.25 feet to the point of beginning), containing 64.9332 Acres in Dundee Township, Kane County, Illinois.
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