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HomeMy WebLinkAbout00-235 Recorded s VOLUME LXV OCTOBER 25, 2000 803 Resolution No. 00-235 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT FOR SANITARY SEWER PURPOSES (Olive Can Company) 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 and accept a grant of easement for sanitary sewer purposes from Olive Can Company for the property legally in the attached plat of easement . BE IT FURTHER RESOLVED that the City Clerk is hereby �rauthorized 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: October 25, 2000 Adopted: October 25, 2000 Omnibus Vote : Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk i ,cox FILED FOR RFCOR'; 2002KO19.696 7T7 FEB -7 V1 41� co Sandy g We man RECQf;Mt Kane County Recorder 719 S Batavia Ave, Bldg C Geneva, IL 60134 MAP .AT-rAGHED 630-232-5935 J Recording Cover Pate This page added for the purpose of affixing Recording Information. Deed U cD Other L UCC Plat Remarks POOR ORIGINAL / Recorder Not Responsible 2002 K 0 19696 For Reproductions FI EQ FOR RECOR ' HE C�UN7 Y,IL':. 2000 ►K 8778 20DN -7 12: 00 RECCRC . EASEMENT AGREEMENT BETWEEN OLIVE CAN COMPANY AND THE CITY OF ELGIN 1 After recording return t _: Dolonna Mecum Elgin City Clerk 150 Dexter Court Elgin, IL 60120 / p 2002i .' 19 r) 9 Sao Z� EASEMENT AGREEMENT • THIq EASEMENT AGREEMENT made and entered into this �J©TH day of oc"'r�2000, by and between the CITY (hereinafter referred to as the "City" ) , and Olive Can Company, an Illinois Corporation (hereinafter referred to as the "Grantor" ) ; and WITNESSETH WHEREAS, Grantor owns the real property legally described on the plat of easement prepared by Barrington Engineering, Ltd, dated February 28, 2000, attached hereto as Exhibit "A" in Kane County, Illinois; and WHEREAS, the City of Elgin desires to obtain an easement from Grantor for the purpose of installing, construction, operating, maintaining, locating, repairing or removing sanitary sewer line improvements over a portion of the property owned by Grantor; and WHEREAS, Grantor has agreed to grant such an easement for such purpose pursuant to the terms and conditions of this easement agreement . NOW, THEREFORE, for and in consideration of the mutual promises, agreements and undertakings as set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That Grantor, being the owner of the property referenced and described herein, does hereby grant to the City of Elgin, an Illinois municipal corporation, a permanent and exclusive easement to install, construct, operate, maintain, locate, repair, remove or replace a sanitary sewer line, including a manhole, and other appurtenances relating to such improvements in those parcels of land located on the property of the Grantor, and legally described in the plat of easement prepared by Barrington Engineering, Ltd. , dated February 28, 2000, attached hereto as Exhibit "A" and described on such plat of easement as the " sanitary sewer" and (hereinafter referred to as the "Easement Premises" ) . 2 . That Grantor does hereby further grant to the City a temporary construction easement for those portions of Grantor' s property legally described on Exhibit "A" attached hereto and described thereon as the "Temporary Construction Easement" allowing access over and use of said portion of Grantor' s property for the purpose of constructing the sanitary sewer line and the 1 4) 2002 K O 19 b 96 2000 K Ij 8 8 ' ,6 appurtenances relating to such improvements on the above-described easement premises . The temporary construction easement hereby granted shall be deemed terminated upon the completion of the original construction of the sanitary sewer line improvements in the Easement Premises but in any event shall automatically expire two (2) years from the date and year first written above. 3 . The City is hereby granted the right to undertake any installation, maintenance, repair, replacement and inspection of said underground sanitary sewer facilities as well as related facilities such as manholes, pipes, fittings, manhole covers and all necessary accessories and appurtenances used in connection therewith, together with the right to remove trees, vegetation or other landscaping and any other obstructions or improvements within the Easement Premises to enable the City to exercise its rights hereunder. In connection with any such installation, maintenance, repair, replacement and inspection of such sanitary sewer facilities, the City shall, with due diligence and promptness, cause the surface grade of the Easement Premises to be returned to its previously existing grade and restore any pavement or asphalt within the Premises to as near as reasonably possible to its condition prior to such installation, maintenance, repair, replacement or inspection, as the case may be. The City' s restoration responsibilities shall extend to any other improvement including but not limited to structures, fences, signs, trees, or any other landscaping within the Easement Premises . No above grade structures shall be permitted to be installed by the City except manhole covers . 4 . (a) That the City for itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor and their successors harmless from all damages or claims arising as a result of the City' s negligent work in the Easement Premises and the temporary construction easement premises during construction or during any subsequent maintenance or repair thereof. The City further agrees to indemnify and hold Grantor harmless from any and all liens placed against the Easement Premises or the temporary construction Easement Premises arising from said construction activities . (b) The City agrees to require its contractor, before entering onto Grantor' s property, to purchase and maintain, a policy or policies of insurance issued by good and responsible insurance companies as follows : Comprehensive General Liability Policy or Policies covering All contractors, subcontractors and all their subcontractors with limits no less than the combined single limit of $3, 000, 000 for bodily injuries to or death of one or more 2 �( 2000 , 2002K019696 persons and/or property damage sustained by one or more organizations as a result of any one occurrence, which policy or policies shall not exclude property of Grantor. Bodily • injury means bodily injury, sickness, or disease sustained by any person which occurs during the policy period, including death, at any time resulting therefrom. Property damage means (1) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period. 5 . That the Grantor and their successors shall not erect any permanent structures or buildings on the Easement Premises nor undertake any other activities on the Easement Premises which unreasonably interfere with the City' s use of the Easement Premises . 6. The City shall undertake, at its sole cost and expense, to construct an alternate access road to Grantor' s truck docks in the event that work to be performed by the City or its agents in the Temporary Easement or Easement areas is anticipated to interfere with Grantor' s access to its truck docks for greater than one working day. The City agrees to use its best efforts to schedule work in the easement area during Grantor' s non-working hours and/or on Saturdays or Sundays . 7 . That this 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. 8 . That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois . Venue for the resolution of any disputes and the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois . 9. That it is understood and agreed that the City may utilize the services of third party contractors to perform work in either the Easement Premises or the temporary construction easement premises, provided however, the City shall not assign this agreement or any interest herein or any rights hereunder without the prior written consent of Grantor. 10 . The sanitary sewer facilities as well as related `/ 3 J 2002 K 0 G :_ 'S 96 2000h08 77$. facilities such as manholes, pipes, fittings, manhole covers and all necessary accessories and appurtenances used in connection therewith contemplated by this Agreement, if constructed, shall be dedicated to and owned by the City. 11 . That this agreement shall be binding on the parties hereto, their successors and permitted assigns . 12 . That this agreement shall be recorded by the City at the City' s cost with the Kane County Recorder. IN WITNESS WHEREOF, the parties have entered into and executed this Easement agreement on the date and year first written above. CITY OF ELGIN, an Illinois Olive Can Company municipal corporation By /'" �� � By Mayor Attest : Attest : City Clerk 4 2GOOK088 2002K019696 7 � STATE OF ILLINOIS ) SS • COUNTY OF KANE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Ed Schock, 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 and Official seal, this 014 day of ocr, 2000. OFFICIAL SEAL 4 DOLONNA MECUM Notary Public a� NOTARY PUBLIC, STATE OF ILLINOIS 'P My Commission Expires Mar. 19,2001 5 2002K019696 2000K08 78 STATE OF ILLINOIS ) ss COUNTY OF COOK ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid do hereby certify that c6j&i , is 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 for the uses and purposes therein set forth. Given under my hand an official seal, this 3�'{ day of Ili, 2000 . Notary Public d This Instrument Prepared by � OFFICIAL SEAL ��(���T G. RiCM�(O�ID � and Return to: ` NOTARY PIMI-T, STATE Of ILLINOIS William A. Cogley MyCommis',ionE pi;en 0A.23,2000 City of Elgin Legal Department 150 Dexter Court Elgin, IL 60120-5555 6 2002 K 01 9 6 9 ZOOo r� 08 \�q X FILED FOR REGOI� 43? v ',i Fapmwnt for Ingress wwj -Ves tt*, ",,w-f it of Lots I and Gl r*nr ry), OtWOP71i74 LOT 3 14j, X Tr Fr1Y 91 (JFF frflf�_flATE (TNTUI rMM1V111Trfl �rl I A VV refcfqT,) Ar'r).Tj_ Fj irY1 A', F4rl!T4�,T ?)P Point of beginniriq for SM)ItMry S"Pr mnd Wmtr- miin F*ipewnt, N89 7 9 '23 "E 364.95' Z 10 . t,�% �� f, w LOT 2 Ae P Ln (n 4F 1,Q z Z' MAUVACTtjn'%, !U)l� 4, 4r L t LOT 1 w • 0 P Iq r M to Sri 0 14 U3 cn 50 4rf (V z (X) U) CU LO (Ai LOT 00 MT �F CFN17 F '4 4 'X t'll )r17,q I I 1,t 7 182 .0 3' 5P2.72' 1101 %A7 V4 SIB3 ;!36.75' seq e 17'36 "W C 3 (3) *'W E3 19 .13' r,,yTrTTtj(-, f", T I J V 79,ram *1F 2�91 SANITARY SEWER ANSI WATER MAIN EASEMENT That part of Section 27, To,,,,nship 41 North, Range 8 East of the third principal meridian, described as follows: Beginning at the Northeast �-orner of Lot 2 in Fox Bluff Corporate Center Ppc-,jjtidivision No. 1: Thence c;nijth 00 degrees, 94 minutes, 09 seconds East along f - he Easterly I inp of I of P, 4% 97 feet to the 1,;oijfhPa-,f rnr,r,:--,r of the Northeast quarter of said Sprtiinn 07: Thence South 00 degrees, 42' minutes, 04 seconds East along the Easterly line of said Lot. 2, 4973'%3 feat: Thence South 83 degrees, 01 minutes, 47 seconds West. 55.313 feet, Thence North 00 degrees. 4CP• minutes, 04 seconds West, 459.17 feet; Thence North 00 degrees, 54 minutes, 05 seconds West, 487.73' feet; North 89 doqrpps, 51�i minutes, 23 seconds Fast, 55.00 fppt to the plan of hPainninq, in thr- (,Ity of [-_jqjn, Kane C'nurity, 1 Innir,. TEMPORARY CONSTRUrTION EASEMENT That part. of c)ection P7. Tcl�4nship 41 North, Pange 8 East of the third orjoCiD81 meridian. dr-rrihpd as fnjlnwAq Commencing at the Northt^as' corner of Lot 2 in Fox Bluff Corporate Center, P - Thence South 00 degrees, 9z., minutes, 05 seconds East along the Easterly linc, of said I-ot 2, 486. 97 feet to the )east Southeast roc­r of the Northeast 4jarte q ,r of said Section - 7: P Thence South 00 degrees, 4-: minutes, 04 seconds East along the Easterly line of said Lot P, 45,1 P - _3 fppt: Thence South 83 _q, degree 01 minutes, 4,1 seconds West, 55.33 feet for the place place of beg inning: Thence continuing South 83 degrees, 01 minutes, 47 seconds West. 182.81 feet: Thence South 86 degrees, 1 -7 minutes, 36 seconds West, 582.72 feet: Thence North 01 degrees, 40 minutes, 50 seconds West, 332.91 feet: Thence North 50 degrees. AG minutes, 12 seconds West, 326.32 feet Thence North 39 degrees, 13 minutes. 33 seconds East, 100.00 feet: Thence South ,a c-') r I jegrcF_,7,, 4 (-', minutes, 12 seconds East. 372,00 feet, Thence South 01 degrees, 4(, minutes. 58 seconds East. 278.53 feet: Thence North 89 degrees, I minutes, 36 seconds East, 621 '17 feet: Thence Nnrth 00 1PgrPPc,, 4c m 1 nt it ps, 04 seconds West, 37/6,64 feet: Thence North. 00 dPgrPP-,, 94 mintites, 09 seconds West, 48839 feet: Thence North 89 degrees, 5'1� minutes, 23 seconds East. 45.00 feet: Thence South 00 degrees, 5,1 m .inl it. P-% (1,5 ec- o,nds East,, 487.73 fept Thence I �,-�utes .:4 -7- -1 't 4gn tr, COPNFR OF THE NE 114 OF F y I -,T Mr, 70 CT"Y rr- FI,GTN FA!;rMFNT PF-1 —Point of b@q1rv1iry for Trmvnrmry Crx-tr;rtinn Fw—ont COUNTY Or U),-*' , � r,,,,, T KEITH E. L. A PROF F ""53TONAL LAND SURVEYOR IN THE STATE OF ALLINOIS. t')O HEPFPY 1, .� T EASEMENT HERMN finjAW4 MNU T T CERI TFY THAT T ;1�-�VE THE P Tni (7np (7,F- A TL, A 7 r-)r-r nrpi-�F TnNj (�r- C A Ti,T r-ir CACr►4t-tdT PATF 1"'ETTH E, LA" rn(_'J"ES5TrNAL ANT) 7itrr,rvnn Tj I TtjnTr, r10 I 4� 017 �250� � av\ 4 w -- of t)