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Home My WebLink About00-273 Recorded V Resolution No. 00-273 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT FOR WATER MAIN PURPOSES FROM RAKOW ENTERPRISES, INC. AND INDUSTRIAL DEVELOPMENTS INTERNATIONAL, INC. 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 a grant of easement for water main purposes from Rakow Enterprises, Inc . and Industrial Developments International, Inc . for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Grant of Easement and Plat of Easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois . s/ Ed Schock Ed Schock, Mayor Presented: December 13 , 2000 Adopted: December 13 , 2000 Omnibus Vote : Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk FILEn Ff1' Pc7CORP 200 I KC I 1643 20?! FEB - ..y 9: (1 OWNER'S GRANT AND ) CERTIFICATE OF EASEMENT ) M� AnACHEO ;F ' �.,.. ) ) ) document prepared by ail ) ) ) Peter C. Bozos, Esq. ) SCHNELL, BAZOS, FREEMAN ) &KRAMER ) 1250 Larkin Ave. ) Suite 100 ) Elgin, IL 60123 ) The undersigned, RAKOW ENTERPRISES, INC., an Illinois corporation("Rakow") being the owner in fee simple of Easement Parcel 1 on the attached Plat of Easement, and INDUSTRIAL DEVELOPMENTS INTERNATIONAL, INC., a Delaware corporation("IDI"), being the owner in fee simple of Easement Parcel 2 on the attached Plat of Easement(with Rakow and IDI being hereinafter collectively called "Grantor" and with Easement Parcel 1 and Easement Parcel 2 described and depicted on the Plat of Easement attached hereto as Exhibit A being hereinafter collectively called the "Easement Parcel") do hereby grant to the City of Elgin, an Illinois Municipal corporation(hereinafter va , called the "Grantee") a permanent easement(the "Water Main Easement") over the Easement Parcel "—y for the following purposes: (a) To install, operate, maintain,relocate, repair, replace or remove a potable water main Lf) within, but only below the surface of, the Easement Parcel; .1.1 (b) To tap-in, or permit third parties owning real estate adjacent to the Easement Parcel, to Cr) run tap-in lines from their respective parcels to the water main lying within the Easement Parcel,but only below the surface thereof; The rights and easements herein granted to the Grantee shall hereinafter be called the "Water Main Easement"; The Water Main Easement, and Grantee's rights with respect thereto, shall be subject to the following additional conditions: 1. On Easement Parcel 1 the City shall have exclusive rights on the eastern-most ten(10) feet of Easement Parcel 1, and the Grantor shall not grant any other easement rights with respect to the East Portion to any other person or entity. With respect to the western-most ten(10) feet of Easement Parcel 1 the City's Watermain Easement Rights shall be non-exclusive. On Easement Parcel 2 the City shall have exclusive rights on all of Easement Parcel 2. Return to: Elgin City Clerk f' 150 Dexter Court 3 1 lgin, IL 60120 `� 6 I, 3 2001 KO I 1 4 2. Grantee shall not install upon the Easement Parcel 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 Grantee's proper use, maintenance, operation of and access to the subsurface water main installed by it in said Easement Parcel; 3. It is further acknowledged and agreed that, subject to paragraph 4 below,the Grantor shall not construct any buildings, structures or physical improvements upon the Easement Parcel, nor undertake any other activities which unreasonably interfere with the water main easement and the Grantee's intended use thereof. 4. Grantor shall have the right to make the following improvements to the following portions of the Easement Parcel: (a) on the eastern-most 10 feet of Easement Parcels 1 and 2 (the"East Portion"),the Grantor may install paved parking surfaces, associated parking lot curbing, fencing and landscaping (the "East Portion Improvements"); (b) on the western-most 10 feet of Easement Parcels 1 and 2(the"West Portion"), the Grantor may install paved parking surfaces, associated parking lot curbing, fencing and landscaping, and only as to the West Portion of Easement Parcel 1 may also permit other utility providers to install subsurface utilities therein(the "West Portion Improvements"); 5. In the event that the Grantee exercises any easement rights upon the Easement Parcel, then: (a) as to both the East Portion and the West Portion, the Grantee shall promptly repair and restore the Easement Parcel to its original grade; (b) as to the East Portion,the Grantee shall not be required to repair or replace any East Portion Improvements damaged or disturbed by the Grantee in the reasonable exercise by Grantee of its rights hereunder. (c) as to the West Portion,the Grantee shall, at its cost and expense, repair or replace any West Portion Improvements damaged or disturbed by the Grantee in the reasonable exercise by Grantee of its rights hereunder. 6. The Grantee 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 Grantor's development activities on the remainder of the adjacent land owned by the Grantor. 7. Except as otherwise expressly permitted herein,the Grantor shall not undertake any work that will result in significant changes to the condition of the Easement Parcel W:\WORK\27445\Owner Grant of Easementv7.doc 2 2001 ( 0 ! 1 643 without first obtaining a permit from the Grantee. The Grantee shall not unreasonably withhold permission for changes in the condition of the Easement Parcel that will not unreasonably interfere with the Grantee's rights hereunder. 8. The Grantee shall at all times indemnify,defend and hold Grantor and Grantor's successors, assigns and grantees 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 Grantee or its employees, agents, contractors or subcontractors with respect to the Easement Parcel; or(ii)the breach by the Grantee of any of its covenants or obligations hereunder. 9. This Agreement may be executed in multiple counterpart, including counterpart signature pages, all of which shall constitute one and the same agreement. [signature page follows] W:\WORK\27445\Owner Grant of Easementv7.doc 3 2OO1O 1 1643 3 IN WITNESS WHEREOF,the undersigned has executed this Grant and Certificate of Easement Agreement as of this day of October, 2000. INDUSTRIAL DEVELOPMENTS INTERNATIONAL INC. RAKOW ENTERPRISES, INC. By: By: Its Thomas S. Rakow, President ACCEPTANCE BY CITY OF ELGIN The undersigned, City of Elgin,Illinois,hereby (1) accepts the above and foregoing Grant and Certificate of Easement subject to all of the terms and conditions set forth therein and(2) declares that the Specified Easements are hereby released and extinguished. . ec e rh ,Q E/2. Dated this a/STday of�2000. THE CITY OF ELGIN, ILLINOIS Edward Schock, Mayor • Attest: ic'6014-14 • t:A.,t Delonna Mecum, City Clerk W:\WORK\27445\Owner Grant of Easementv7.doc 4 n00( 011643 • . OWNER'S GRANT AND CERTIFICATE OF EASEMENT Page 3 of 5 A. [signature page follows] IN WITNESS WHEREOF, the undersigned has executed this Grant and Certificate of Easement Agreement as of this _day of October, 2000. INDUSTRIAL DEVELOPMENTS INTERNATIONAL INC. / RAKOW ENTERPRISES, INC. By:__ — By: — Its_ -. . v.;- ;f Thomas S. Rakow, President ACCEPTANCE BY CITY OF ELGIN The undersigned, City of Elgin, Illinois,hereby (I) accepts the above and foregoing Grant and Certificate of Easement subject to all of the terms and conditions set forth therein and(2)declares that the Specified Easements are hereby released and extinguished. . Dated this day of October, 2000. THE CITY OF ELGIN, ILLINOIS 10/27/00 2001 K Q I 16 4 3 STATE OF ILLINOIS ) )ss. COUNTY OF DUPAGE ) BEFORE ME,the undersigned Notary Public, duly commissioned and qualified in and for said County and State,personally came and appeared &(-RIA)yu to me known,who declared and acknowledged to me,that he is the `J LJ of INDUSTRIAL DEVELOPMENTS INTERNATIONAL, INC., that as such a duly authorized officer and with full authority,he signed and executed the foregoing instrument as the free and voluntary act and deed of said INDUSTRIAL DEVELOPMENTS INTERNATIONAL, INC., and for the objects and purposes therein set forth. Given under my hand and notarial seal this 3day of October, 2000. OFFICIAL SEAL TRACEY RUBACH , P NOTARY Pt IC NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES:O8108/01 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 Thomas S. Rakow, to me known, who declared and acknowledged to me,that he is the President of RAKOW ENTERPRISES, INC.,that as such a duly authorized officer and with full authority, he signed and executed the foregoing instrument as the free and voluntary act and deed of said RAKOW ENTERPRISES, INC., and for the objects and purposes therein set forth. SI— Given under my hand and notarial seal this 3 1 day of October, 2000. AO\ ' _ - NOTAkY PE�ss/p i4fur0 SEAL" r,,My� 1181./CneISSr +. N /R • W:\WORK\27445\Owner Grant of Easementv7.doc 5 2oo1K0II643 • • 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 Grantee Clerk,respectively, and acknowledged to me,that they with the authority of the Grantee 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. 17 Given under myhand and notarial seal this ��r c r r2 �,j�7—day of�6etaber, 2000 \YU (6iLry NOTARY PUBL OFFICIAL SEAL SUELLYN LOSCH NOTARY PUBLIC, STATE OF ILLIMO?S MComm y ission Expires Oct. 27, 2002 W:\WORK\27445\Owner Grant of Easementv7.doc 2001K011643 6 f7-- . _ ,.__,r Et c,„ " Agenda Item No. - City of Elgin7 tv, g , , 4 -- E � g --�j L n r i _,I..1 November 14, 2000 G - ;A' i'' I N :fire =l, TO: Mayor and Members of the City Council ECONOMIC GROWTH FROM: Joyce A. Parker, City Manager SUBJECT: Acceptance of an Easement Agreement for a Water Main at Industrial Developments International on Big Timber Road PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City. Council with information to consider the acceptance of an easement agreement . BACKGROUND rThe owners of Rakow Enterprise, Inc. and Industrial Developments International, Inc. are willing to grant the City of Elgin Water Department an easement providing access to a 16" water main along their eastern property lines. The attached easement agreement permits the City access to the water main for maintenance and repair purposes. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. INANCIAL IMPACT pk.)1 There is not a cost for the easement. The cost to record the easement is approximately $30. 00 which will be paid from the Water Department Operating Fund. 1 � /LEGAL IMPACT 4nf- v None. ALTERNATIVES rik None. • Acceptance of Easement Agreement November 14, 2000 Page 2 RECOMMENDATION It is recommended that the City Council authorize the execution of the easement agreement with Rakow Enterprise, Inc. , and Industrial Developments International, Inc. Re ectfully submitted, / 42 . /42/�-- Jo ce A. Parker City Manager LED:mg E