HomeMy WebLinkAbout01-1218 Flender Corp. Recorded -t «ry
FILED FOR RECORD
. KANE COUNTY, ILL.
• 2001 K 137030 NCI DEC 28 :N II: 15
This Instrument Prepared _-./'„l_ 6a. r .--,.,.'
by and Return After </
Recording to:
f
Donald B. Leist
City of Elgin
• Legal Department
150 Dexter Court
Elgin IL 60120-5 5 5 5
EASEMENT AGREEMENT
Lfa )(re? q—KG/-
THIS EASEMENT AGREEMENT made and entered into this l8thday of
December , 2001, by and between the City of Elgin, an Illinois municipal corporation,
(hereinafter referred to as the "City"), and the Flender Corporation, an Illinois corporation
(hereinafter referred to as the "Grantor").
WITNESSETH
WHEREAS, Grantor owns the real property legally described on the plat of easement
c prepared by Sheets Surveying Service, Inc. dated April 18, 2001, attached hereto as Exhibit A, in
Kane County, Illinois (hereinafter referred to as the "Grantor Property"); and
WHEREAS, the City of Elgin desires to obtain an easement from Grantor for the purpose
ti\I of installing, constructing, operating, using, maintaining, locating, upgrading, repairing,
replacing or removing water main improvements and other appurtenances relating to a water
main over a portion of the Grantor Property; and
WHEREAS, the water main improvements proposed to be constructed over a portion of
the Grantor Property are intended in part to serve the real property owned by Shorewood
Properties LLC, an Illinois Limited Liability Company (hereinafter referred to as "Shorewood"),
such property owned by Shorewood being legally described on Exhibit B attached hereto
(hereinafter referred to as the "Shorewood Property"); and
WHEREAS, Grantor has agreed to grant such an easement for such purposes 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
Grantor, and 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 Grantor Property, does hereby grant to the
City of Elgin, an Illinois municipal corporation, a permanent and exclusive easement to install,
construct, operate, use, maintain, locate, upgrade, repair, service, remove or replace a water ,d�°,
main, and other appurtenances relating to a water main in that parcel of land located on the NI
(r:—..
I I CHICACJ TITLE 1�9�`�'"A'oCE CO.
7�y1�� 3 7 Q u Kano County Office 1
UUii / VV Geneve, II:k&. 60134
Phone 232.2750
Grantor Property, and legally described in Exhibit A attached hereto and described thereon
(hereinafter referred to as the "Easement Premises").
2. That Grantor does hereby further grant to the City a temporary construction
easement for that portion of the Grantor 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 the Grantor Property for the purpose of constructing the water main
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 water main improvements in the Easement Premises but in any event shall
automatically expire one (1) year from the date and year first written above.
3. That following the exercise by the City of any easement rights granted herein, the
City shall promptly repair and restore the Easement Premises or the temporary construction
easement premises to the same condition as existed immediately prior to the exercise of such
rights as is reasonably practicable and shall leave the Easement Premises and the temporary
construction easement premises and surrounding premises free from debris.
4. That the City 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 the City's use of 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 harmless Grantor
from any and all liens placed against the Easement Premises or the temporary construction
easement premises arising from said construction activities.
5. That the Grantor and their successors shall not construct any permanent structures
or buildings nor plant any trees on the Easement Premises nor undertake any other activities on
the Easement Premises which unreasonably interfere with the City's intended use of the
Easement Premises. Subject to the foregoing, Grantor reserves the right to use the Easement
Premises for gardens, planting, landscaping, fencing, parking, lighting and signing and other
purposes that do not unreasonably interfere with the city's intended use of the Easement
Premises.
6. That notwithstanding any term or provision of this easement agreement to the
contrary, it is understood and agreed that if, at any time, Grantor shall desire to construct any
additional improvements on the Grantor Property and Grantor reasonably determines that the
Easement Premises interferes with the intended development of the Grantor Property, then
Grantor shall have the right to relocate the Easement Premises and the water main improvements
located therein to another portion of the Grantor Property, providing that the new location of the
Easement Premises shall be reasonably adequate to effectuate the intent of this easement
agreement. To exercise its right to relocate the Easement Premises and the water main
improvements located therein, Grantor shall notify the City and Shorewood in writing of the new
location of the Easement Premises and the date by which the relocation of the water main
improvements must be completed. Within twenty (20) days after the receipt of such notice,
Shorewood may elect, by written notice to Grantor, to perform the work required to relocate the
2001 137 830
water main improvements (the "Relocation Work"), at Shorewood's costs and expense, within
the time specified in Grantor's notice, in cooperation with the City, and in accordance with the
terms of this easement agreement. If Shorewood does not elect to perform the Relocation Work,
does not timely respond to Grantor's notice, or does not timely perform the Relocation Work,
then Grantor may perform the Relocation Work at Shorewood's costs and expense. It is
understood and agreed that the City shall have no responsibility for the costs and expense of any
such Relocation Work and that Grantor shall be responsible for recovering the costs and
expenses of any such Relocation Work from Shorewood. Prior to the commencement of the
Relocation Work the Grantor shall record an amendment to this easement agreement providing
for a permanent and exclusive easement to the City of Elgin to install, construct, operate, use,
maintain, locate, upgrade, repair, service, remove or replace a water main and other
appurtenances relating to a water main in the new location of the Easement Premises on the
Grantor Property. Any such relocated Easement Premises on the Grantor Property shall not be
less than twenty (20) feet wide.
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 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.
9. That this agreement shall be governed by and construed in accordance with the
laws of the State of Illinois.
10. That it is understood and agreed that the City may utilize the services of third
party contractors, employees or other agents to perform work in either the Easement Premises or
the temporary construction easement premises.
11. That the Grantor hereby represents and warrants to the City that it is the fee
simple title holder of the Easement Premises and the temporary construction easement premises
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.
2ooi I 3 7 8 3 0
13. That all notices required under this easement agreement shall be in writing and
shall be mailed by certified mail, return receipt requested, addressed as follows:
As to the City: As to the Flender Corporation:
City of Elgin Flender Corporation
150 Dexter Court 950 Tollgate Road
Elgin, IL 60120-5555 Elgin, IL 60123
Attn: City Manager Attn: President
with a copy to: As to Shorewood Properties LLC:
Water Director Shorewood Properties LLC
City of Elgin 61 S. Barrington Road
150 Dexter Court South Barrington, IL 60010
Elgin, IL 60120-5555
14. That this agreement shall be recorded by the City at the City's cost with the Kane
County Recorder.
[the remainder of this page is intentionally left blank]
2001K 1378�D �{
•
• 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 FLENDER CORPORATION
municipal corporation �/�
By By a(i%cr�' , ���C� U"/
Mayor Its
Attest: Attest:
c id/ e
City Clerk Its e-L.L
SHOREWOOD PROPERTIES LLC
(for Purposes of Agreeing to Section 6 on
Behalf of Itself and Its Successors and
Assigns)
By
Its
Attest:
Its
20099382.1
2001K 13783D
5
' 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 FLENDER CORPORATION
municipal corporation
By By
Mayor Its
Attest: Attest:
k)44-h^"4 /4"4-(4---
City Clerk Its
SHOREWOOIt P:OPERTIES LLC
(for Purposes of - _ -eing to Section 6 on
Behalf of Itsel an. s Successors and
Assigns) I Or
By �-
Its EzEr
L4r-
Attest:
t
2001 c I 7 83
STATE OF ILLINOIS )
) SS.
COUNTY OF K A N E )
I,the undersigned, a Notary Public, in and for said County, in the State aforesaid, do
hereby certify that Ed Schock, Mayor, and Dolonna Mecum, City Clerk,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 of the uses and purposes therein set forth.
Given under my hand an official seal,this day of , 2001.
Notary Public
STATE OF )
SS.
COUNTY OF )
I,the undersigned, a Notary Public, in and for said County, in the State aforesaid, do
hereby certify that Q �,(1, � .-t_. , and oej ,.J C. , of the
Flender Corporation, are persgnally 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 of the uses and
purposes therein set forth.
Given under my hand an official seal,t 's / day of , 2001.
OFFICIAL SEAL
LAINE B. DROGOS Notary Public
NOTARY PUBLIC,STATE OF ILLINOIS
MY COMMISSION EXPIPrR 11-1.2002
STATE OF )
) SS.
COUNTY OF )
I,the undersigned, a Notary Public, in and for said County, in the State aforesaid, do
hereby certify that , and , of the
Shorewood Properties LLC, are 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 of the uses and
purposes therein set forth.
Given under my hand an official seal,this day of , 2001.
Notary Public
2o0iK 1378 � r7
•STATE OF ILLINOIS )
) SS.
COUNTY OF K A N E )
I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do
hereby certify that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, 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 of the uses and purposes therein set forth.
Given under my hand an official seal, this day of , 2001.
Notary Public
STATE OF )
) SS.
COUNTY OF )
I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do
hereby certify that , and , of the
Flender Corporation, are 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 of the uses and
purposes therein set forth.
Given under my hand an official seal, this day of , 2001.
Notary Public
STATE OF )
) SS.
COUNTY OF CADS )
I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do
hereby certify that •('(1 lIr\e,Ak Ovv3--.4 G , and "('(\ r, \ON4 , of the
Shorewood Properties LLC, are 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 of the uses and
purposes therein set forth.
Given under my hand an official seal, this f day of , 2001.
4Ari\AVN:IN C)1AN.vm
OFFICIAL SEAL Notary Public
CYNTHIA A PENN
NOTARY PUBLIC,STATE OF ILLINOIS
MY COMMISSION EXPIRES:03/17/03
2001 K 13 7 83 0
STATE OF ILLINOIS )
) SS.
COUNTYOFKANE )
I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do
hereby certify that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, 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 of the uses and purposes therein set forth.
cRY-
Given under my hand an official seal, this /fZay of , 2001.
N----714-Aotaryublic! §
STATE OF ) "OFFICIAL SEAL"
MARY GIFFORT
SS. i Notary Public,State of Illinois
COUNTY OF ) My Commission Expires 06/13/04
I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do
hereby certify that , and , of the
Flender Corporation, are 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 of the uses and
purposes therein set forth.
Given under my hand an official seal, this day of , 2001.
Notary Public
STATE OF ,. )
) SS.
COUNTY OF CppX._ )
I, the unders^isned, a Nota Public, in and for said County, in th State aforesaid, do
`
hereby certify that \\t,{rv. J. Uka41l.tg , and V\1 G rs j b A 1'V\ , of the
Shorewood Properties LLC, are persou1 lly 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 of the uses and
purposes therein set forth.
Given under my hand an official seal, this `l" da of ZCt 14\ , 2001.
Qmciftv4,. O .
\.,,,—.
°,.,„.v Notary Public
�.;-
>:j ;lAL SEAL
ifNTHIA A PENN
i';c 1.>r' '7`let IC; STATE OF ILLINOIS
,,•:RICI!,1 FXPIRES:03/17/03 2001 3 7 8 30
•
EXHIBIT A
PLAT OF EASEMEP T F'utt wATERMAIN
0I'
A PERMANENT EASEMENT OVER. UNOER AND UPON THE SOUTH 20.00 FEET OF
• THE NORTH 120.00 FEET. THE EAST 20.CO FEET OF THE SOUTH 186.27
FEET OF THE NORTH 306.27 FEET AND •HE WEST 20.00 FEET OF THE
200 SOUTH 40.00 FEET OF THE NORTH 140.01)FEET; AND A TEMPORARY
WATERMAIN CONSTRUCTION EASEMENT OlER THE SOUTH 70.00 FEET OF THE
NORTH 145.00 FEET. EXCEPT THE SOUTH 20.00 FEET OF THE NORTH
. = i
120.00 FEET. THE WEST 25 FEET OF THE EAST 45.00 FEET OF THE SOUTH
161.27 FEET OF THE NORTH 306.27 FEE"AND THE EAST 25 FEET OF THE
*EST 45.00 FEET OF THE SOUTH 15.00 FEET OF THE NORTH 160.00 FEET.
100 I..L ALL BEING A PART OF THE TRACT DESCr9ED AS: THE EAST 537.63 FEET
OF THAT PART OF THE SOUTHEAST 1/4 OF SECTION 33. TOWNSHIP 42
O 7 NORTH. RANGE 8 EAST OF THE THIRD PT/WCPAL MERIDIAN. DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SAID SOUTHEAST
1/4; THENCE EAST ALONG THE NORTH UNE OF SAID SOUTHEAST 1/4,
1331.5 FEET TO THE EAST LINE OF THE',EST I/2 OF SAID SOUTHEAST
0 Z 1/4; THENCE SOUTH ALCNG SAID EAST UNE TO A POINT 1155 FEET SOUTH
SCALE 1 100' OF SAIO NORTH LINE OF SAID SOUTHEAST 1/4; THENCE*EST PARALLEL
WITH SAID NORTH LINE OF SAID SOOTHE'ST I/4• 737.0t FEET; THENCE
NORTHWESTERLY 604.98 FEET TO A POW(ON THE WEST LINE OF SAID
SOUTHEAST 1/4. 996.04 FEET SOUTH OF THE POINT OF BEGINNING;
THENCE NORTH ALONG SAID WEST UNE 996.04 FEET TO THE POINT OF
BEGINNING.IN THE CITY OF ELGIN.IN THE TOWNSHIP OF DUNDEE. KANE
• COUNTY. ILLINOIS.
P.I.N. NO. - 03-53-400-030
4..it C' NORTH UNE OF THE SOUTHEAST I/4 OF SEC. 33-42-8
u� dg, S 89'41'09" E ••• 1331.50(1331.5d1••• •
W 793.85 ^ - - -;s •t - -
'?N 14. P.O.B. 8 8q--...
NORTHWEST CORNER OF THE 8 8 - - 1SOUTHEAST 1/4 OF SEC. 33-42-8 -�T^ jg
MP9RARY'WATERMAIN C•N5TRUCflON EASEMENT '^�_----- 9
EASE,AENT S 89'41'09'E�T�2020 A'ATERMNN EASEMENT Nu. EASE.�� .
1 43.* 4'00 1^.1 TEMPORARY'NATERWM N CONSTRUCTION EASEMETIT LOT 5 NSM ,N�oSETg�x4.----ciII 5.00' .^ r - o �25t
.0 WA Ull01NG I I n . I rI
CONSERVATION ,.0.>},/ III 31grl
AREA • �'
o ' �,.c°� iI -I grCHURCH
I
8 II I25 ROAD
" :s.00'
IoI \ �I
NI y 2 n
m LOT 3
Wo 0 i \ 110
8 I /�<v r.... a
T iI W 4
Z(n • L\ ..
O O 8 z mo 0 omO � "„ 01�. •j 20' BUILDING SETBACK LINE l N O ^ = S
S 89'41'09'E 3 89'41'09' E -00 -1P z z am
370.53 305.00 ^ $$ 3 $
II 20' BUILDING SETBACK UNE /d 20' BUILDING SETBACK UNE 1 N "/ =I� Wo i..
, 2 L/ W Z
r' zL '-S 8
< i I 25'II z I.. o;n C:` I z <-
^ d
`\'/y_" I gi IJ LOT 2 ,1T �,i "Z
* i W 1 r� �/ N JI I r . x > zI I N�G �41 C
YI W < N < : d Wpy� O `+ 73
I;W LOT�� `ml I W I m �IiO. - I <
j I 7 r\_ 8 W.,
3 j (i l R a 1 20_BUR.DR4G SETBACK UNE I I 8= u r
c,r m > >V N P S 89'41.09 EE W=N ` , 1 1 $ 1
g 1 a o r 340.01 3 �/ z i
1I 1 1 20' BUILDING SETBACK UNE I H b- I n a,
1 loD r f / O I --- 1 W e� ...
Io
r+ ( C7
N •
il
? Tit& A' , LOT 1 H �� ig
G
42•\ sf784 •I ° b u z
u`=E� I 1j J 20' BUILDING I �, ig
Nqp� N 6/9.20 �JJJ 25 5'L/�SETBAC>< UNE 1 O W
RARCq N..N0,,.. fST`e'<5"!w 4 9,,) 4�1 N1ZTB�K I�N�I \�/=
�'c2T 4g ��a TOLL GATE N 8919909" w -I- ROApo, [737.GTdsr.ee -� •
TO• SANITARY `UNE PARALLEL WITHSEWER EASEMENT OF THE SEI/4 SEC. 33-NORTH ume
.
POOR ORIGINAL
Recorder Not Responsible 2001 K 13 7 8 3 i o
For Reproductions
EXHIBIT B
PARCEL ONE:
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 33, TOWNSHIP 42, NORTH, RANGE 8 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST
CORNER OF THE SAID SOUTHEAST 1/4; THENCE EAST ALONG THE NORTH LINE OF SAID
SOUTHEAST 1/4, 1331 .5 FEET TO THE EAST LINE OF THE WEST 1/2 OF SAID SOUTHEAST
1/4; THENCE SOUTH ALONG SAID EAST LINE TO A POINT 1155 FEET SOUTH OF SAID NORTH
LINE OF SAID SOUTHEAST 1/4; THENCE WEST PARALLEL WITH SAID NORTH LINE OF SAID
SOUTHEAST 1/4, 737.01 FEET; THENCE NORTHWESTERLY 604 .98 FEET TO A POINT ON THE
WEST LINE OF SAID SOUTHEAST 1/4, 996.04 FEET SOUTH OF THE POINT OF BEGINNING;
THENCE NORTH ALONG SAID WEST LINE 996.04 FEET TO THE POINT OF BEGINNING (EXCEPT
THE EAST 537.63 FEET ALSO, EXCEPT THAT PART OF THE WEST 1/2 OF THE SOUTHEAST 1/4
OF SAID SECTION 33, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF SAID
SECTION 33; THENCE SOUTH ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 130 FEET FOR
THE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG SAID WEST LINE 866.04 FEET;
THENCE SOUTHEASTERLY ALONG A LINE THAT FORMS AN ANGLE OF 105 DEGREES 14 MINUTES
FROM NORTH TO SOUTHEAST WITH THE LAST DESCRIBED COURSE, 336.84 FEET; THENCE
NORTH, PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST 1/4, 954 .54 FEET TO A LINE
PERPENDICULAR TO THE WEST LINE OF SAID SOUTHEAST 1/4 FROM THE POINT OF BEGINNING;
THENCE WEST 325 FEET TO THE POINT OF BEGINNING) ; IN THE CITY OF ELGIN, IN THE
TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS.
PARCEL TWO:
THAT PART OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 33, TOWNSHIP 42 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE CENTER OF SAID SECTION 33; THENCE SOUTH ALONG THE WEST LINE OF SAID SOUTHEAST
1/4 130.0 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH ALONG SAID
WEST LINE 866.04 FEET; THENCE SOUTHEASTERLY ALONG A LINE THAT FORMS AN ANGLE OF
105 DEGREES 14 MINUTES FROM NORTH TO SOUTHEAST WITH THE LAST DESCRIBED COURSE,
336.84 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST 1/4,
954 .54 FEET TO A LINE PERPENDICULAR TO THE WEST LINE OF SAID SOUTHEAST 1/4 FROM
THE POINT OF BEGINNING; THENCE WEST 325.0 FEET TO THE POINT OF BEGINNING, IN THE
CITY OF ELGIN, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS.
200- K 1 3 7 830 1/