Loading...
HomeMy WebLinkAbout01-196 Resolution No. 01-196 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO GRANT EASEMENT WITH BOWES ROAD, L.L. C. , JOHN GYORR, SR. , AUDREY J. GYORR, AS TRUSTEE, AND JOHN GYORR, JR. , EDWARD KENDALL, OLGA KENDALL, NANCY DEIHS, AS TRUSTEE, AND UNION NATIONAL BANK AND TRUST COMPANY OF ELGIN, AS TRUSTEE (Otter Creek Lift Station and Far West Area) 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 Agreement to Grant Easement on behalf of the City of Elgin with Bowes Road, L.L.C. , John Gyorr, Sr. , Audrey J. Gyorr, as Trustee, and John Gyorr, Jr. , Edward Kendall, Olga Kendall , Nancy Deihs, as Trustee, and Union National Bank and Trust Company of Elgin, as Trustee, for the Otter Creek Lift Station Force Mains and sanitary sewer and water easements in the Far West Area, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: July 11, 2001 Adopted: July 11, 2001 Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk tf-lt_t --, c,) ;111 : 419.D.-4.216- 7- ,02,,,,at 6L)r- A , --(/ AGREEMENT TO GRANT EASEMENT This Agreement, made and entered into this 22 day of June , 2001, by and between THE CITY OF ELGIN, a municipal corporation of the Counties of Kane and Cook, State of Illinois ("City" ) and BOWES ROAD, L.L.C. , an Illinois limited liability company (the "LLC" ) and JOHN GYORR, SR. , AUDREY J. GYORR, Trustee of the Audrey J. Gyorr Trust and the Albert A. Gyorr Trust, and JOHN GYORR, JR. (the "Gyorrs" ) , EDWARD KENDALL and OLGA KENDALL (the "Kendalls" ) , NANCY DEIHS, Trustee of the Nancy Deihs Trust ("Deihs" ) , and UNION NATIONAL BANK AND TRUST COMPANY OF ELGIN, Trustee under Trust Agreement dated March 10, 1992 and known as Trust No. 1395 (the "Union Trust" ) , the LLC, the Gyorrs, the Kendalls, Deihs, and the Union Trust being hereinafter referred to in the aggregate as the "Owners" ; W I T N E S S E T H: WHEREAS, the LLC is the record title holder in and to the parcel of real estate described on Exhibit "A" attached hereto and made a part hereof ("LLC Parcel" ) ; and WHEREAS, the Gyorrs are the record title holders in and to the parcel of real estate described on Exhibit "B" attached hereto and made a part hereof ( "Gyorr Parcel" ) ; and WHEREAS, the Kendalls are the record title holders in and to the parcel of real estate described on Exhibit "C" attached hereto and made a part hereof ( "Kendall Parcel" ) ; and WHEREAS, Deihs is the record title holder in and to the parcel of real estate described on Exhibit "D" attached hereto and made a part hereof ( "Deihs Parcel" ) ; and WHEREAS, the Union Trust is the record title holder in and to the parcel of real estate described on Exhibit "E" attached hereto and made a part hereof ( "Union Trust Parcel" ) ; and WHEREAS, the LLC Parcel , the Gyorr Parcel, the Kendall Parcel, the Deihs Parcel , and the Union Trust Parcel shall hereinafter be referred to in the aggregate as the "Easement Parcel" ; and elgatwy.agt 1 WHEREAS, the City desires to construct or cause to be constructed within the Easement Parcel (i) a municipal water main currently anticipated to be approximately twelve (12) inches in size and appurtenances relating thereto (collectively the "Water Main" ) , (ii) a gravity sanitary sewer line currently anticipated to vary in size between forty-eight (48) and fifty-four (54) inches and appurtenances relating thereto (collectively the "Gravity Sewer Line" ) , and (iii) one (1) or two (2) sanitary sewer force mains currently anticipated to vary in sizes between approximately twelve (12) and thirty-six (36) inches and appurtenances relating thereto (collectively the "Force Mains" ) the Water Main, the Gravity Sewer Line, and the Force Mains being hereinafter referred to in the aggregate as the "Improvements" ; and WHEREAS, in pursuance of the construction of the Improvements, the City desires that each of the Owners execute an Easement Agreement ( "Easement Agreement" ) in the form attached hereto as Exhibit "F" ; and WHEREAS, it is understood and agreed that City shall cause the Improvements to be constructed in the Easement Parcel and that the City may use third party contractors, employees, or other agents to perform the obligations of the City as set forth herein; and WHEREAS, the Owners are desirous of cooperating with the City and allowing the construction of the Improvements within the Easement Parcel referred to as "permanent and exclusive easement" in the Easement Agreement and to facilitate such construction by the granting of a "temporary construction easement" across that portion of the Easement Parcel so referenced in the Easement Agreement, but only under certain terms and conditions as set forth herein. 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 sufficiency of which the parties hereby acknowledge, the City and the Owners hereby agree as follows : 1 . In the construction of the Water Main and the Sewer Line, the City agrees that the following guidelines shall control the construction project; A. Topsoil shall be stripped from the entire Easement Parcel and stockpiled on the applicable Owner ' s adjacent elgatwy.agt 2 to provide such locations and directions to the City, the topsoil shall be stockpiled on that portion of such Owner' s or Owners' adjacent property adjacent to the Temporary Construction Easement Premises as determined by the City. Owners hereby further grant to the City an easement for the purpose of stockpiling topsoil on Owners' adjacent property; B. Excavated trench spoils shall be stockpiled separate from the topsoil as located and directed by each Owner on the applicable Owner' s adjacent property as located and directed by each of the Owners, provided, however, that in the event any of the Owners fail to provide such locations and directions to the City, the excavated trench spoils shall be stockpiled on that portion of such Owner' s or Owners' adjacent property adjacent to the Temporary Construction Easement Premises as determined by the City. Owners hereby further grant to the City an easement for the purpose of stockpiling topsoil on Owners' adjacent property; C. After pipe installation, trench spoils shall be placed back in the trench in uniform layers not exceeding twelve (12) inches thick (loose measure) and each layer shall be compacted with mechanical equipment to ninety percent (90%) of maximum density as determined by the Standard Proctor Test; D. Excess clay material shall be placed over the entire Easement Parcel in uniform layers and compacted to the specifications set forth in the foregoing subparagraph C; E. Approximately six (6) inches of topsoil shall be respread over the entire Easement Parcel and the unused topsoil shall remain in the stockpile; F. Final grading shall be performed in such a manner that adheres to drainage patterns prior to initiation of the installation; under no circumstances shall there be any ponding of stormwater runoff in areas where ponding did not occur prior to construction contemplated in this Agreement; G. The entire Easement Parcel shall be seeded with rye or oats upon completion of final grading. Planting of seed shall occur between May 1 and September 30, unless directed otherwise by Owners; and H. The Owners shall be added as additional insured parties to all insurance policies issued to or on behalf of the City with respect to the construction of the Force Main and the Gravity Sewer Line. 2 . In the event the City elects to construct the proposed parallel force main within the LLC Parcel at some future elgatwy.agt 3 2 . In the event the City elects to construct the proposed parallel force main within the LLC Parcel at some future date, and if the LLC Parcel has been developed at such time, the City agrees to the extent practicable (based upon generally acceptable engineering and construction standards in the Elgin, Illinois area and without regard to economic considerations) to have such construction accomplished by tunneling or augering to minimize surface disruptions . 3 . The City agrees to obtain all applicable permits and licenses and to indemnify and hold the Owners harmless from and against violations relating to permits and licenses required for the construction of the Force Main and the Gravity Sewer Line. 4 . The City agrees that, as part of the construction of municipal sewer and water facilities to serve the School District 46 school on Hopps Road, to permit or allow proper connections to be provided and installed on such facilities to allow for and facilitate hook up of a single residence being constructed in the general location of the intersection of Hopps Road and the Gyorr Parcel notwithstanding that such single residence will not then be within the boundaries of the City. Any water or sewer service to such residence will be subject to and conditioned upon the payment of all hook-up fees and other charges and the Owner entering into agreements in forms and with terms acceptable to the City (which acceptability shall not be unreasonably withheld, delayed or conditioned) with the Fox River Water Reclamation District regarding sanitary sewer service and treatment and with the City regarding water service . 5 . The parties agree that, in the event of a default by either party, the other party shall, prior to taking any action as may be available to it, provided written notice to the defaulting party stating the default and giving the defaulting party thirty (30) days to cure. It the default shall not be cured within the cure period aforesaid, then the party giving the notice shall be permitted to avail itself of any remedies to which it may be entitled at law or in equity. If it is necessary for either party to bring any action to enforce any of the provisions of this Easement Agreement, the prevailing party shall be entitled to recover its costs, including court costs and reasonable attorneys fees, from the other party. 6 . This Agreement shall be binding on the parties hereto and their respective successors and assigns . IN WITNESS WHEREOF, the parties have executed this agreement the day and date first above written. elgatwy.agt 4 City OF ELGIN BY: Mayor ATTEST: SafthAAAXLr�: '..2.['.u.v"_- City Cle lBOWES ROAD, L.L.C. Edward Kendall By: � 4f -� Man ger �� Olga Kendall Nancy Deihs, as Trustee as John Gy r, Sr. aforesaid UNION NATIONAL BANK AND TRUST COMPANY OF ELC1ZN Audrey J. G ogr, as its Document Executed By Trustee as foresai Union National Bank, Solely As t — Trustee, And Not Personally. / By: / Trust OFficer 07 Gyorr, r. 6/4 FRED L. SHAW, PmrAderq elgatwy.agt 5 City OF ELGIN BY: _� Mayor ATTEST: @0.411Losoula-1(47(2.C.LeAw, City Clerk BOWES ROAD, L. L. C. Edward Kendall By: Manager Olga Kendall Nancy Dei , as Trustee as John Gyorr, Sr. aforesaid UNION NATIONAL BANK AND TRUST COMPANY OF ELGIN Audrey J. Gyorr, as Trustee as aforesaid By: Trust Officer John Gyorr, Jr. elgatwy.agt 5 EXHIBIT A-1 • Sanitary Sewer and Water Main Easement across McKay Tract A 30.0 foot wide strip of land lying westerly of and adjoining the westerly right of way line of Randall Road in the southerly 1346.0 feet(except the southerly 25.0 feet thereof) and also, The southerly 25.0 feet(except that part lying easterly of the westerly right of way line of Randall Road) of the West Half of the Southwest Quarter of Section 28, Township 41 North, Range 8 East of the Third Principal Meridian, all in Elgin Township, Kane County, Illinois. EXHIBIT A-2 Temporary Construction Easement across McKay Tract An 80.0 foot wide strip of land Iying westerly of and adjoining the westerly right of way line of Randall Road in the southerly 1396.0 feet (except the easterly 30.0 feet of the southerly 1346.0 feet thereof, and also except the southerly 25.0 feet thereof) and also, The northerly 50.0 feet of the southerly 75.0 feet (except the easterly 80.0 feet thereof) of a strip of land lying westerly of the westerly right of way line of Randall Road in the West Half of the Southwest Quarter of Section 28, Township 41 North, Range 8 East of the Third Principal Meridian, all in Elgin Township, Kane County, Illinois. • • - EXHIBIT B-1 Sanitary Sewer and Water Main Easement across Gyorr Tract The westerly 30.0 feet of the easterly 335.94 feet (except that part lying southerly of the center line of Hopps Road) and also the northerly 25.0 feet of the easterly 305.94 feet of the Northeast Quarter of Section 32 and also, The northerly 25.0 feet(except that part lying easterly of the westerly right of way line of Randall Road of the Northwest Quarter of Section 33, Township 41 North, Range 8 East of the Third Principal Meridian, all in Elgin Township, Kane County, Illinois. EXHIBIT B-2 Temporary Construction Easement across Gvorr Tract The westerly 50.0 feet of the easterly 305.94 feet (except that part lying southerly of the center line of Hopps Road and also except the northerly 75.0 feet thereof) and also the southerly 50.0 feet of the northerly 75.0 feet of the easterly 305.94 feet of the Northeast Quarter of Section 32 and also, The southerly 50.0 feet of the northerly 75.0 feet (except that part lying easterly, of the westerly right of way line of Randall Road) of the Northwest Quarter of Section 33, Township 41 North, Range 8 East of the Third Principal Meridian, all in Elgin Township, Kane County, Illinois. EXHIBIT "Cu Permanent Easement: THE SOUTH THIRTY (30) FEET AND THE WEST THIRTY (30) FEET OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS . Temporary Construction Easement: THE NORTH FIFTY (50) FEET OF THE SOUTH EIGHTY (80) FEET AND THE EAST FIFTY (50) FEET OF THE WEST EIGHTY (80) FEET OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS. C:\myfiles\zoning\pultefwa.aa EXHIBIT "D" Permanent Easements: THOSE PORTIONS OF THE FOLLOWING DESCRIBED PARCEL CROSS-HATCHED ON ATTACHMENT ONE ATTACHED HERETO AND DESCRIBED THEREIN AS "SEWER AND WATERMAIN EASEMENT" AND WATERMAIN EASEMENT" : THAT PART OF THE SOUTH WEST 1/4 OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTH WEST CORNER OF SAID SOUTH WEST 1/4 ; THENCE NORTH 1 DEGREES, 5 MINUTES, 52 SECONDS EAST, ALONG THE WEST LINE OF SAID SOUTH WEST 1/4, A DISTANCE OF 1291 . 52 FEET TO A LINE THAT IS 1369 . 0 FEET, AS MEASURED PERPENDICULAR, SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SOUTH WEST 1/4 ; THENCE SOUTH 89 DEGREES, 56 MINUTES, 40 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF SAID SOUTH WEST 1/4, A DISTANCE OF 931 . 50 FEET TO A LINE THAT IS 931 .34 FEET, AS MEASURED PERPENDICULAR, EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SOUTH WEST 1/4 ; THENCE NORTH 1 DEGREES, 5 MINUTES, 52 SECONDS EAST, PARALLEL WITH THE WEST LINE OF SAID SOUTH WEST 1/4, A DISTANCE OF 1369 .23 FEET TO THE NORTH LINE OF SAID SOUTH WEST 1/4 ; THENCE SOUTH 89 DEGREES, 56 MINUTES, 40 SECONDS EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1699 . 17 FEET TO THE NORTH EAST CORNER OF SAID SOUTH WEST 1/4 ; THENCE SOUTH 00 DEGREES, 22 MINUTES, 21 SECONDS WEST, ALONG THE EAST LINE OF SAID SOUTH WEST 1/4, A DISTANCE OF 2653 .35 FEET TO THE SOUTH EAST CORNER OF SAID SOUTH WEST 1/4 ; THENCE SOUTH 89 DEGREES, 54 MINUTES, 18 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SOUTH WEST 1/4, A DISTANCE OF 2664 . 39 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART CONVEYED TO NORTHERN ILLINOIS GAS COMPANY AS DOCUMENT 1060370 DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTH EAST CORNER OF THE WEST % OF SAID SOUTH WEST 1/4 ; THENCE WEST (NORTH 89 DEGREES, 56 MINUTES, 40 SECONDS WEST) , ALONG THE NORTH LINE OF SAID SOUTH WEST 1/4, A DISTANCE OF 66 . 00 FEET; THENCE SOUTHERLY (SOUTH 00 DEGREES, 12 MINUTES, 49 SECONDS WEST) , ALONG A LINE FORMING AN ANGLE OF 89 DEGREES, 50 MINUTES, 31 SECONDS TO THE LEFT WITH THE NORTH LINE OF SAID SOUTH WEST 1/4, A DISTANCE OF 45 . 62 FEET; THENCE SOUTHEASTERLY (SOUTH 12 DEGREES, 22 MINUTES, 32 SECONDS EAST) , ALONG A DIAGONAL LINE FORMING AN ANGLE OF 12 DEGREES, 35 MINUTES, 21 SECONDS (RECORD BEING 12 DEGREES, 37 MINUTES, 04 SECONDS) TO THE LEFT WITH AN EXTENSION OF THE LAST DESCRIBED LINE, A DISTANCE OF 2672 .42 FEET (RECORD BEING 2672 . 81 FEET) TO A POINT IN THE SOUTH LINE OF SAID SOUTH WEST 1/4 WHICH IS 1872 . 89 FEET (AS MEASURED ALONG SAID SOUTH LINE) EAST OF THE SOUTH WEST CORNER OF SAID SOUTH WEST 1/4; THENCE EAST (NORTH 89 DEGREES, 54 MINUTES, 18 SECONDS EAST) , ALONG THE SOUTH LINE OF SAID SOUTH WEST 1/4, A DISTANCE OF 66 . 0 FEET; THENCE NORTHERLY (NORTH 1 DEGREES, 8 MINUTES, 42 SECONDS EAST) , ALONG A LINE FORMING AN ANGLE OF 88 DEGREES, 45 MINUTES, 36 SECONDS TO THE LEFT WITH THE SOUTH LINE OF SAID SOUTH WEST 1/4, A DISTANCE OF 6 .46 FEET (RECORD BEING 6 . 39 FEET) TO THE INTERSECTION OF SAID LINE WITH A LINE DRAWN 66 . 00 FEET NORTHEASTERLY OF (MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE AFORESAID DIAGONAL LINE; THENCE NORTHWESTERLY (NORTH 12 DEGREES, 22 MINUTES OF 32 SECONDS WEST) , ALONG SAID PARALLEL LINE, A DISTANCE OF 2672 . 90 FEET (RECORD BEGINNING 2673 . 33 FEET) ; THENCE NORTHERLY (NORTH 00 DEGREES, 12 MINUTES, 49 SECONDS EAST) , A DISTANCE OF 38 . 52 FEET (RECORD BEING 38 . 50 FEET) ; IN ELGIN, TOWNSHIP, KANE COUNTY, ILLINOIS. Temporary Construction Easements: THOSE PORTIONS OF THE FOLLOWING DESCRIBED PARCEL SHADED ON ATTACHMENT ONE ATTACHED HERETO AND DESCRIBED THEREIN AS "TEMPORARY CONSTRUCTION EASEMENT" : THAT PART OF THE SOUTH WEST 1/4 OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTH WEST CORNER OF SAID SOUTH WEST 1/4 ; THENCE NORTH 1 DEGREES, 5 MINUTES, 52 SECONDS EAST, ALONG THE WEST LINE OF SAID SOUTH WEST 1/4, A DISTANCE OF 1291 . 52 FEET TO A LINE THAT IS 1369 . 0 FEET, AS MEASURED PERPENDICULAR, SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID SOUTH WEST 1/4 ; THENCE SOUTH 89 DEGREES, 56 MINUTES, 40 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF SAID SOUTH WEST 1/4, A DISTANCE OF 931 . 50 FEET TO A LINE THAT IS 931 . 34 FEET, AS MEASURED PERPENDICULAR, EAST OF AND PARALLEL WITH THE WEST LINE OF SAID SOUTH WEST 1/4; THENCE NORTH 1 DEGREES, 5 MINUTES, 52 SECONDS EAST, PARALLEL WITH THE WEST LINE OF SAID SOUTH WEST 1/4, A DISTANCE OF 1369 . 23 FEET TO THE NORTH LINE OF SAID SOUTH WEST 1/4 ; THENCE SOUTH 89 DEGREES, 56 MINUTES, 40 SECONDS EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1699 . 17 FEET TO THE NORTH EAST CORNER OF SAID SOUTH WEST 1/4 ; THENCE SOUTH 00 DEGREES, 22 MINUTES, 21 SECONDS WEST, ALONG THE EAST LINE OF SAID SOUTH WEST 1/4, A DISTANCE OF 2653 . 35 FEET TO THE SOUTH EAST CORNER OF SAID SOUTH WEST 1/4 ; THENCE SOUTH 89 DEGREES, 54 MINUTES, 18 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SOUTH WEST 1/4, A DISTANCE OF 2664 . 39 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART CONVEYED TO NORTHERN ILLINOIS GAS COMPANY AS DOCUMENT 1060370 DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTH EAST CORNER OF THE WEST % OF SAID SOUTH WEST 1/4; THENCE WEST (NORTH 89 DEGREES, 56 MINUTES, 40 SECONDS WEST) , ALONG THE NORTH LINE OF SAID SOUTH WEST 1/4, A DISTANCE OF 66 . 00 FEET; THENCE SOUTHERLY (SOUTH 00 DEGREES, 12 MINUTES, 49 SECONDS WEST) , ALONG A LINE FORMING AN ANGLE OF 89 DEGREES, 50 MINUTES, 31 SECONDS TO THE LEFT WITH THE NORTH LINE OF SAID SOUTH WEST 1/4 , A DISTANCE OF 45 . 62 FEET; THENCE SOUTHEASTERLY (SOUTH 12 DEGREES, 22 MINUTES, 32 SECONDS EAST) , ALONG A DIAGONAL LINE FORMING AN ANGLE OF 12 DEGREES, 35 MINUTES, 21 SECONDS (RECORD BEING 12 DEGREES, 37 MINUTES, 04 SECONDS) TO THE LEFT WITH AN EXTENSION OF THE LAST DESCRIBED LINE, A DISTANCE OF 2672 .42 FEET (RECORD BEING 2672 . 81 FEET) TO A POINT IN THE SOUTH LINE OF SAID SOUTH WEST 1/4 WHICH IS 1872 . 89 FEET (AS MEASURED ALONG SAID SOUTH LINE) EAST OF THE SOUTH WEST CORNER OF SAID SOUTH WEST 1/4; THENCE EAST (NORTH 89 DEGREES, 54 MINUTES, 18 SECONDS EAST) , ALONG THE SOUTH LINE OF SAID SOUTH WEST 1/4 , A DISTANCE OF 66 . 0 FEET; THENCE NORTHERLY (NORTH 1 DEGREES, 8 MINUTES, 42 SECONDS EAST) , ALONG A LINE FORMING AN ANGLE OF 88 DEGREES, 45 MINUTES, 36 SECONDS TO THE LEFT WITH THE SOUTH LINE OF SAID SOUTH WEST 1/4, A DISTANCE OF 6 .46 FEET (RECORD BEING 6 . 39 FEET) TO THE INTERSECTION OF SAID LINE WITH A LINE DRAWN 66 . 00 FEET NORTHEASTERLY OF (MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE AFORESAID DIAGONAL LINE; THENCE NORTHWESTERLY (NORTH 12 DEGREES, 22 MINUTES OF 32 SECONDS WEST) , ALONG SAID PARALLEL LINE, A DISTANCE OF 2672 . 90 FEET (RECORD BEGINNING 2673 . 33 FEET) ; THENCE NORTHERLY (NORTH 00 DEGREES, 12 MINUTES, 49 SECONDS EAST) , A DISTANCE OF 38 . 52 FEET (RECORD BEING 38 . 50 FEET) ; IN ELGIN, TOWNSHIP, KANE COUNTY, ILLINOIS. 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 day of June, 2001, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City"), and Bowes Road, L.L.C., an Illinois limited liability company (hereinafter referred to as the "Grantor"). WITNESSETH WHEREAS, Grantor owns the real property legally described on the Plat of Easement prepared by Western Engineering, P.C.of St. Charles, Illinois, dated May 24, 2001, attached hereto as Exhibit A, in Kane County, Illinois (the "Grantor's Parcel"); and WHEREAS, the City of Elgin desires to obtain easements from Grantor for the purpose of installing, constructing, operating, using, maintaining, locating, upgrading, repairing, replacing or removing sanitary sewer lines and water main improvements and other appurtenances related thereto over a portion or portions of the Grantor's Parcel; and WHEREAS, Grantor has agreed to grant such easements 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: T:\MYFILES\REALEST\BWSRDLLC.EAS 1 EXHIBIT.� 1. Sewer and Water Easements. That Grantor, being the owner of the Grantor's Parcel referenced herein, does hereby grant to the City of Elgin, an Illinois municipal corporation(the "City"), permanent and exclusive (except as set forth in Paragraph 5 hereof) easements (the "Sewer and Water Easements") to install, construct, operate, use, maintain, locate, upgrade, repair, service, remove, or replace sanitary sewer lines and water mains, and other appurtenances relating to sanitary sewer lines and water mains in, upon, and under those portions of the Grantor's Parcel labeled as "Sewer and Water Easement across McKay Tract" on Exhibit A attached hereto. 2. Temporary Construction Easements. That Grantor does hereby further grant to the City a temporary construction easement over that portion of Grantor's Parcel labeled as "Temporary Construction Easement across McKay Tract" on Exhibit A attached hereto (hereinafter referred to as the "Temporary Construction Easement Premises") allowing access over and use of said Temporary Construction Easement Premises for the purpose of constructing the sanitary sewer and 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 sanitary sewer line and water main improvements in the Easement Premises but in any event shall automatically expire two (2) years from the date and year first written above. 3 .Restoration of Easement Premises and Temporary Construction Easement Premises. That following the exercise by the City of any easement rights granted herein, the City, in pursuance of the provisions of a certain Agreement to Grant Easements dated June 22, 2001, made and executed as consideration for the execution by the Grantor of this Easement Agreement, shall promptly repair and restore the Easement Premises or the Temporary T:\MYFILES\REALEST\BWSRDLLC.EAS 2 Construction Easement Premises to the same condition as existed immediately prior to the existence 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. Indemnification. That the City for itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor and its successors harmless from any and all claims for personal injuries or property damage arising directly as a result of the City's 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 harmless Grantor from any and all liens placed against the Easement Premises or the Temporary Construction Easement Premises arising from said construction activities. 5. Restrictions: Reservations. That the Grantor and Grantor's successors shall not construct any buildings 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. Anything contained in this Agreement to the contrarty notwithstanding, it is understood that the Grantor shall have (and hereby reserves) the right to (i) construct or otherwise install surface improvements other than buildings (such as, by way of example and not by way of limitation, parking lot improvements, private or publicly dedicated streets, lighting, signage, drainage and stormwater management facilitites, wetland mitigation, fences, bicycle and pedestrian paths, and landscaping) and (ii) install utility lines over, across, upon, and under the Easement Premises as reasonably required to service the development on the Grantor's Parcel,provided that such is done in a manner which does not unreasonably interfere with the City's intended use of the Easement Premises. T:\MYFILES\REALEST\BWSRDLLC.EAS 3 6. Amendment. That no amendment, revision, or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 7. Entire Agreement. That, except as set forth in the Agreement to Grant Easements referenced in the foregoing Paragraph 4, 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. 8. Applicable Law. That this Easement Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 9. Contractors. 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. 10. Warranty of Title. 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. 11. Binding. That this Easement Agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 12. Recording. That this Easement Agreement shall be recorded by the City at the City's cost with the Kane County Recorder. 13. Joint Preparation. This Easement Agreement is and shall be deemed and construed to be the joint and collective work product of the Grantor and the City and, as such, this T:\MYFILES\REALEST\BWSRDLLC.EAS 4 Easement 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. 14. Release of Easement. The City may terminate this instrument by recording a release in recordable form with directions for delivery of same, whereupon all rights, duties, and libilities hereby created shall cease and be of no further force or effect. In the event of discontnuance by the City of the use of the Easement Premises for the purposes granted herein and the failure of the City to reinstate such use within ten(10)years of the initial disontinuance thereof, the City shall terminate this instrument by recording a release in recordable form with directions for delivery of same, whereupon all rights, duties, and libilities hereby created shall cease and be of no further force or effect. For conveneince, such instrucment may run in favor of"the owner or owners and parties interested in the Grantor's Parcel." 15. Expiration of Easement. This Agreement and the rights granted to the City hereunder shall expire automatically in the event the construction of the sanitary sewer and water mains contemplated in Paragraphs 1 and 2 of this Agreement has not been initiated within ten(10) years after the date hereof. T:\MYFILES\REALEST\BWSRDLLC.EAS 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 BOWES ROAD, L.L.C. municipal corporation By By: Mayor Manager Attest: Attest: City Clerk STAI'h 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 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 , personally known to me to be a Manager of Bowes Road, L.L.C., an Illinois limited liability company, is 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 the free and voluntary act of the said limited liability company. Given under my hand an official seal, this day of June, 2001. Notary Public T:\MYFILES\REALEST\BWSRDLLC.EAS 6 EXHIBIT A (Plat of Easement to be Attached) T:\MYFILES\REALEST\BWSRDLLC.EAS 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 _ day of June, 2001, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City"), and John Gyorr Sr., Audrey J. Gyorr, Trustee of the Audrey J. Gyorr Trust and the Albert A. Gyorr Trust, and John Gyorr, Jr. (hereinafter referred to as the "Grantor"). WITNES SETH WHEREAS, Grantor owns the real property legally described on the Plat of Easement prepared by Western Engineering, P.C. of St. Charles, Illinois, dated May 24, 2001, attached hereto as Exhibit A, in Kane County, Illinois (the "Grantor's Parcel"); and WHEREAS, the City of Elgin desires to obtain casements from Grantor for the purpose of installing, constructing, operating, using, maintaining, locating, upgrading, repairing, replacing or removing sanitary sewer lines and water main improvements and other appurtenances related thereto over a portion or portions of the Grantor's Parcel ; and WHEREAS, Grantor has agreed to grant such easements for such purposes pursuant to the terms and conditions of this Easement Agreement. NOW, THEREFORE, for and in consideration of Ten Dollars ($1 0.00) 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: A:\gyo`r.eu Exhibit F-2 1. Sewer and Water Easements.That Grantor,being the owner of the Grantor's Parcel referenced herein, does hereby grant to the City of Elgin,an Illinois municipal corporation (the "City"), permanent and exclusive (except as set forth in Paragraph 5 hereof) easements (the "Sewer and Water Easements") to install, construct, operate, use, maintain, locate, upgrade, repair, service, remove, or replace sanitary sewer lines and water mains, and other appurtenances relating to sanitary sewer lines and water mains in, upon, and under those portions of the Grantor's Parcel labeled as "Sewer and Water Easement across Gyorr Tract" on Exhibit A attached hereto. 2. Temporary Construction Easements. That Grantor does hereby further grant to the City a temporary construction casement over that portion of Grantor's Parcel labeled as "Temporary Construction Easement across Gyorr Tract" on Exhibit A attached hereto(hereinafter referred to as the "Temporary Construction Easement Premises") allowing access over and use of said Temporary Construction Easement Premises for the purpose of constructing the sanitary sewer and 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 sanitary sewer line and water main improvements in the Easement Premises but in any event shall automatically expire two (2) years from the date and year first written above. • 3. Restoration of Easement Premises and Temporary Construction Easement Premises. That following the exercise by the City of any easement rights granted herein, the City, in pursuance of the provisions of a certain Agreement to Grant Easements dated June 22 2001, made and executed as consideration for the execution by the Grantor of this Easement Agreement, shall promptly repair and restore the Easement Premises or the Temporary A:\gyoR.eas Construction Easement Premises to the same condition as existed immediately prior to the existence 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. Indemnification. That the City for itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor and its successors harmless from any and all claims for personal injuries or property damage (excluding claims of Grantor) arising directly as a result of the City's 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 harmless Grantor from any and all liens placed against the Easement Premises or the Temporary Construction Easement Premises arising from said construction activities. 5. Restrictions: Reservations. That the Grantor and Grantor's successors shall not construct any buildings 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. Anything contained in this Agreement to the contrary notwithstanding, it is understood that the Grantor shall have (and hereby reserves) the night to (i) construct or otherwise install surface improvements other than buildings,to include parking lot improvements, private or publicly dedicated streets, lighting, fences, bicycle and pedestrian paths, and landscaping and (ii) install utility lines over, across, upon, and under the Easement Premises as reasonably required to service the development on the Grantor's Parcel,provided that such is done in a manner which does not unreasonably interfere with the City's intended use of the Easement Premises. A:\gyon eas 6. Amendment. That no amendment, revision, or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 7. Entire Agreement. That, except as set forth in the Agreement to Grant Easements referenced in the foregoing Paragraph 4, 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. 8. Applicable Law. That this Easement Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 9. Contractors. 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. 10. Warranty of Title. 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. 11. Binding. That this Easement Agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 12. Recording. That this Easement Agreement shall be recorded by the City at the City's cost with the Kane County Recorder. 13. Joint Preparation. This Easement Agreement is and shall be deemed and construed to be the joint and collective work product of the Grantor and the City and, as such, A:\gyorr.eas this Easement 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. 14. Release of Easement. The City may terminate this instrument by recording a release in recordable form with directions for delivery of same,whereupon all rights, duties, and liabilities hereby created shall cease and be of no further force or effect. In the event of discontinuance by the City of the use of the Easement Premises for the purposes granted herein and the failure of the City to reinstate such use within ten (10) years of the initial discontinuance thereof, the City shall terminate this instrument by recording a release in recordable form with directions for delivery of same, whereupon all rights, duties, and liabilities hereby created shall cease and be of no further force or effect. For convenience, such instrument may run in favor of"the owner or owners and parties interested in the Grantor's Parcel." 15. Expiration of Easement. This Agreement and the rights granted to the City hereunder shall expire automatically in the event the construction of the sanitary sewer and water mains contemplated in Paragraphs 1 and 2 of this Agreement has not been initiated within ten (10) years after the date hereof. A.\gyorr eas 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 municipal corporation John Gy , Sr. By: 6zdAeq , Mayor Audrey Jiy , as stee as aforesaid Attest: City Clerk John Gyo STATE OF ILLINOIS ) ) SS. COUNTY OFKANE ) 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 he 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 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 John Gyorr Sr., Audrey J. Gyorr, Trustee of the Audrey J. Gyorr Trust and the Albert A. Gyorr Trust, and John Gyorr, Jr.,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 for the uses and purposes therein set forth. Given under my hand an official seal, is9 J,f ay of •,l it-C 2001. Notary Publi "I ICIAL SEAL" CHARD L. HEIMBERG A:Vgyof eas '> Notary Public,State of Illinois i My Commission Expires 07/10/2002 3 EXHIBIT A (Plat of Easement to be Attached) A.\gyo1 eas 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 day of June, 2001, by and between the City of Elgin,an Illinois municipal corporation, (hereinafter referred to as the "City"), and Edward Kendall and Olga Kendall (hereinafter referred to as the "Grantor"). WITNESSETH WHEREAS,Grantor owns the real property legally described on the Plat of Easement prepared by Manhard Consulting Ltd.,of Vernon Hills,Illinois,dated May 23,2001,attached hereto as Exhibit A, in Kane County, Illinois (the "Grantor's Parcel"); and WHEREAS, the City of Elgin desires to obtain easements from Grantor for the purpose of installing, constructing, operating, using, maintaining, locating, upgrading, repairing, replacing or removing sanitary sewer lines and water main improvements and other appurtenances related thereto over a portion or portions of the Grantor's Parcel; and WHEREAS,Grantor has agreed to grant such easements 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. Sewer and Water Easements. That Grantor,being the owner of the Grantor's A:\KENDALL.EAS 1 Exhibit F-3 Parcel referenced herein,does hereby grant to the City of Elgin, an Illinois municipal corporation (the "City"), permanent and exclusive (except as set forth in Paragraph 5 hereof) casements (the "Sewer and Water Easements") to install, construct, operate, use, maintain, locate, upgrade, repair, service, remove, or replace sanitary sewer lines and water mains, and other appurtenances relating to sanitary sewer lines and water mains in, upon, and under those portions of the Grantor's Parcel labeled as "30 Utility Easement" on Exhibit A attached hereto. 2. Temporary Construction Easements. That Grantor does hereby further grant to the City a temporary construction easement over that portion of Grantor's Parcel labeled as "50' Temporary Construction Easement" on Exhibit A attached hereto (hereinafter referred to as the "Temporary Construction Easement Premises") allowing access over and use of said Temporary Construction Easement Premises for the purpose of constructing the sanitary sewer and 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 sanitary sewer line and water main improvements in the Easement Premises but in any event shall automatically expire two (2) years from the date and year first written above. 3. Restoration of Easement Premises and Temporary Construction Easement Premises. That following the exercise by the City of any easement rights granted herein, the City, in pursuance of the provisions of a certain Agreement to Grant Easements dated June 22 , 2001, made and executed as consideration for the execution by the Grantor of this Easement Agreement, shall promptly repair and restore the Easement Premises or the Temporary Construction Easement Premises to the same condition as existed immediately prior to the existence 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. A:\KENDALL EAS 2 4. Indemnification. That the City for itself, its agents and independent contractors,hereby agrees to indemnify and hold Grantor and its successors harmless from any and all claims for personal injuries or property damage(excluding claims of Grantor)arising directly as a result of the City's 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 harmless Grantor from any and all liens placed against the Easement Premises or the Temporary Construction Easement Premises arising from said construction activities. 5. Restrictions: Reservations. That the Grantor and Grantor's successors shall not construct any buildings 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. Anything contained in this Agreement to the contrary notwithstanding, it is understood that the Grantor shall have(and hereby reserves)the night to(i)construct or otherwise install surface improvements other than buildings, to include parking lot improvements, private or publicly dedicated streets, bicycle and pedestrian paths, and landscaping and (ii) install utility lines over, across,upon, and under the Easement Premises as reasonably required to service the development on the Grantor's Parcel, provided that such is done in a manner which does not unreasonably interfere with the City's intended use of the Easement Premises. 6. Amendment. That no amendment,revision, or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 7. Entire Agreement. That, except as set forth in the Agreement to Grant Easements referenced in the foregoing Paragraph 4,this Easement Agreement constitutes the entire agreement between the parties and is intended as a complete and exclusive statement of the terms A:\KENDALL.EIS 3 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. Applicable Law. That this Easement Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 9. Contractors. 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. 10. Warranty of Title. 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 casement as provided herein. 11. Binding. That this Easement Agreement shall be binding on the parties hereto,their successors and permitted assigns and shall run with the land. 12. Recording. That this Easement Agreement shall be recorded by the City at the City's cost with the Kane County Recorder. 13. Joint Preparation. This Easement Agreement is and shall be deemed and construed to be the joint and collective work product of the Grantor and the City and, as such,this Easement 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 ten-ns or provisions contained herein. 14. Release of Easement. The City may terminate this instrument by recording a release in recordable form with directions for delivery of same,whereupon all rights, duties, and A:\KENDALL.EAS 4 liabilities hereby created shall cease and be of no further force or effect. In the event of discontinuance by the City of the use of the Easement Premises for the purposes granted herein and the failure of the City to reinstate such use within ten(10)years of the initial discontinuance thereof, the City shall terminate this instrument by recording a release in recordable form with directions for delivery of same,whereupon all rights,duties,and liabilities hereby created shall cease and be of no further force or effect. For convenience, such instrument may rum in favor of"the owner or owners and parties interested in the Grantor's Parcel," 15. Expiration of Easement. This Agreement and the rights granted to the City hereunder shall expire automatically in the event the construction of the sanitary sewer and water mains contemplated in Paragraphs 1 and 2 of this Agreement has not been initiated within ten(10) years after the date hereof. A:\KENDALL.EAS 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 ai municipal corporation Edward Kendall By: 4_ r Mayor Olga Kendall Attest: City Clerk 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 Doloma Mecwn,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 band an official seal,this day of ,2001. Notary Public STATE OF ILLINO 1 S ) ) 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 Edward Kendall and Olga Kendall, 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 for the uses and purposes therein set forth. Given under my hand an official seal, is.7/ot say of j- ..e , 2001. ►.- . Notary Pub .-.......,, ..:.,,..�....�.. i '0 AL SEAL" i RIC •RD L. HEIMBERG AUCENDALL.EAS 6 % Notary Public,State of Illinois ',. My Commission Expires 07/10/2002 i .N..+�vk..fy • .mow..\.,../ EXHIBIT A (Plat of Easement to be Attached) A:\KENDALL.EAS 7 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 day of June, 2001, by and between the City of Elgin,an Illinois municipal corporation, (hereinafter referred to as the "City"), and Union National Bank and Trust Company of Elgin, not personally but as Trustee under Trust Agreement dated March 10, 1992 and known as trust number 1395 (hereinafter referred to as the "Grantor"). WITNESSETH WHEREAS,Grantor owns the real property legally described on the Plat of Easement prepared by Cowhey Gudmundson Leder, Ltd. of Itasca, Illinois, dated May 29, 2001, attached hereto as Exhibit A, in Kane County, Illinois (the "Grantor's Parcel"); and WHEREAS, the City of Elgin desires to obtain easements from Grantor for the purpose of installing, constructing, operating, using, maintaining, locating, upgrading, repairing, replacing or removing sanitary sewer lines and water main improvements and other appurtenances related thereto over a portion or portions of the Grantor's Parcel; and WHEREAS,Grantor has agreed to grant such easements 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 �l\UN RUST.EAS Exhibit F-4 is hereby acknowledged,the parties hereto agree as follows: 1. Sewer and Water Easements. That Grantor,being the owner of the Grantor's Parcel referenced herein,does hereby grant to the City of Elgin, an Illinois municipal corporation (the "City"), permanent and exclusive (except as set forth in Paragraph 6 hereof) easements (the "Sewer and Water Easements")to install,construct, operate,use,maintain, locate,upgrade,repair, service,remove,or replace sanitary sewer lines and water mains,and other appurtenances relating to sanitary sewer lines and water mains in, upon, and under those portions of the Grantor's Parcel labeled as "Sewer and Water Easement" on Exhibit A attached hereto. 2. Water Easements. That Grantor does also hereby grant to the City permanent and exclusive (except as set forth in Paragraph 6 hereof) easements (the "Water Easements") to install, construct,operate,use,maintain, locate,upgrade,repair, service, remove, or replace water mains, and other appurtenances relating thereto, upon and under those portions of the Grantor's Parcel labeled as "Water Easement" on Exhibit A attached hereto. (The premises burdened with the Sewer and Water Easements and the Water Easements shall hereinafter be collectively referred to as the "Easement Premises"). 3. Temporary Construction Easements. That Grantor does hereby further grant to the City a temporary construction casement over that portion of Grantor's Parcel labeled as "Temporary Construction Easement" on Exhibit A attached hereto (hereinafter referred to as the "Temporary Construction Easement Premises") allowing access over and use of said Temporary Construction Easement Premises for the purpose of constructing the sanitary sewer and 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 A:\UNTRUST EAS sanitary sewer line and water main improvements in the Easement Premises but in any event shall automatically expire two(2)years from the date and year first written above. 4. Restoration of Easement Premises and Temporary Construction Easement Premises. That following the exercise by the City of any easement rights granted herein, the City, in pursuance of the provisions of a certain Agreement to Grant Easements dated June Z2,2001,made and executed as consideration for the execution by the Grantor of this Easement Agreement, shall promptly repair and restore the Easement Premises or the Temporary Construction Easement Premises to the same condition as existed immediately prior to the existence 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. 5. Indemnification. That the City for itself, its agents and independent contractors,hereby agrees to indemnify and hold Grantor and its successors harmless from any and all claims for personal injuries or property damage(excluding claims of Grantor) arising directly as a result of the City's 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 harmless Grantor from any and all liens placed against the Easement Premises or the Temporary Construction Easement Premises arising from said construction activities. 6. Restrictions: Reservations. That the Grantor and Grantor's successors shall not construct any buildings 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. Anything contained in this Agreement to the contrary notwithstanding, it is understood that the Grantor shall have(and hereby reserves)the night to(i)construct or otherwise install surface A\UN,RUST.EAS improvements other than buildings, to include parking lot improvements, private or publicly dedicated streets, bicycle and pedestrian paths, and landscaping and (ii) install utility lines over, across,upon, and under the Easement Premises as reasonably required to service the development on the Grantor's Parcel, provided that such is done in a manner which does not unreasonably interfere with the City's intended use of the Easement Premises. 7. Amendment. That no amendment,revision, or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 8 . Entire Agreement. That, except as set forth in the Agreement to Grant Easements referenced in the foregoing Paragraph 4,this Easement Agreement constitutes the entire agreement between the parties and is intended as a complete and exclusive statement of the ten-ns 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. Applicable Law. That this Easement Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 10. Contractors. 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. Warranty of Title. 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. A:\UNTRUST.EAS 12. Binding. That this Easement Agreement shall be binding on the parties hereto,their successors and permitted assigns and shall run with the land. 13. Recording. That this Easement Agreement shall be recorded by the City at the City's cost with the Kane County Recorder. 14. Joint Preparation. This Easement Agreement is and shall be deemed and construed to be the joint and collective work product of the Grantor and the City and, as such,this Easement 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. 15. Release of Easement. The City may terminate this instrument by recording a release in recordable form with directions for delivery of same,whereupon all rights, duties,and liabilities hereby created shall cease and be of no further force or effect. In the event of discontinuance by the City of the use of the Easement Premises for the purposes granted herein and the failure of the City to reinstate such use within ten(10)years of the initial discontinuance thereof, the City shall terminate this instrument by recording a release in recordable form with directions for delivery of same,whereupon all rights, duties,and liabilities hereby created shall cease and be of no further force or effect. For convenience,such instrument may run in favor of"the owner or owners and parties interested in the Grantees Parcel." 16. Expiration of Easement. This Agreement and the rights granted to the City hereunder shall expire automatically in the event the construction of the sanitary sewer and water mains contemplated in Paragraphs I and 2 of this Agreement has not been initiated within ten(10) years after the date hereof. A-\UNTRUST-EAS IN WITNESS WHEREOF,the parties have entered into and executed this Fasement Agreement on the date and year first written above. CITY OF ELGIN,an Illinois Union National Bank and Trust Company of municipal corporation Elgin, as Trustee under Trust Agreement dated March 10, 1992 and known as Trust Number 1395 This Document Executed By Union National Bank,Solely As By: By + Trustee, And Not Personally. Mayor st Officer Attest: Att t: City Clerk "E,re-ck 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 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 , personally known to me to be a Trust Officer of A\UNTRUST EAS Union National Bank and Trust Company of Elgin and 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 the free and voluntary act of the said Trust department of the said Union National Bank and Trust Company of Elgin as trustee of its said trust number 1395 for the uses and purposes therein set forth. St Given under my hand an offs ' seal,this �i day of w- ,2001, Notary Public OFFICIAL SEAL PAULINA BONILLA 4 NOTARY PUBLIC, STATE OF ILLINOIS 0, My Commission Expires Awl. 12, 2002 A\UNTRUST.EAS EXHIBIT A (Plat of Easement to be Attached) A:\UN RUST.EAS 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 day of June, 2001, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City"), and Nancy Deihs, as Trustee under the Nancy Deihs Trust (hereinafter referred to as the "Grantor"). WITNESSETH WHEREAS, Grantor owns the real property legally described on the Plat of Easement prepared by Cowhey Gudmundson Leder, Ltd. of Itasca, Illinois, dated May 24, 2001, attached hereto as Exhibit A, in Kane County, Illinois (the "Grantor's Parcel"); and WHEREAS, the City of Elgin desires to obtain easements from Grantor for the purpose of installing, constructing, operating, using, maintaining, locating, upgrading, repairing, replacing or removing sanitary sewer lines and water main improvements and other appurtenances related thereto over a portion or portions of the Grantor's Parcel; and WHEREAS, Grantor has agreed to grant such easements 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: A.\DEIHS.EAS EXHIBIT 1. Sewer and Water Easements. That Grantor, being the owner of the Grantor's Parcel referenced herein, does hereby grant to the City of Elgin, an Illinois municipal corporation (the "City"), permanent and exclusive (except as set forth in Paragraph 6 hereof) easements (the "Sewer and Water Easements") to install, construct, operate, use, maintain, locate, upgrade, repair, service, remove, or replace sanitary sewer lines and water mains, and other appurtenances relating to sanitary sewer lines and water mains in, upon, and under those portions of the Grantor's Parcel labeled as "Sewer and Water Easement" on Exhibit A attached hereto. 2. Water Easements. That Grantor does also hereby grant to the City permanent and exclusive (except as set forth in Paragraph 6 hereof) easements (the "Water Easements") to install, construct, operate, use, maintain, locate, upgrade, repair, service, remove, or replace water mains, and other appurtenances relating thereto, upon and under those portions of the Grantor's Parcel labeled as "Water Easement" on Exhibit A attached hereto. (The premises burdened with the Sewer and Water Easements and the Water Easements shall hereinafter be collectively referred to as the "Easement Premises"). 3. Temporary Construction Easements. That Grantor does hereby further grant to the City a temporary construction casement over that portion of Grantor's Parcel labeled as "Temporary Construction Easement" on Exhibit A attached hereto (hereinafter referred to as the "Temporary Construction Easement Premises") allowing access over and use of said Temporary Construction Easement Premises for the purpose of constructing the sanitary sewer and 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 sanitary sewer line and water main improvements in the Easement Premises A:\DEIHS.EAS but in any event shall automatically expire two (2) years from the date and year first written above. 4. Restoration of Easement Premises and Temporary Construction Easement Premises. That following the exercise by the City of any easement rights granted herein, the City, in pursuance of the provisions of a certain Agreement to Grant Easements dated June 2 2001, made and executed as consideration for the execution by the Grantor of this Easement Agreement, shall promptly repair and restore the Easement Premises or the Temporary Construction Easement Premises to the same condition as existed immediately prior to the existence 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. 5. Indemnification. That the City for itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor and its successors harmless from any and all claims for personal injuries or property damage (excluding claims of Grantor) arising directly as a result of the City's 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 harmless Grantor from any and all liens placed against the Easement Premises or the Temporary Construction Easement Premises arising from said construction activities. 6. Restrictions: Reservations. That the Grantor and Grantor's successors shall not construct any buildings 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. Anything contained in this Agreement to the contrary notwithstanding, it is understood that the Grantor shall have (and hereby reserves) the night to (i) construct or A:IDEIHS.EAS otherwise install surface improvements other than buildings,to include parking lot improvements, private or publicly dedicated streets, bicycle and pedestrian paths, and landscaping and (ii) install utility lines over,across, upon, and under the Easement Premises as reasonably required to service the development on the Grantor's Parcel, provided that such is done in a manner which does not unreasonably interfere with the City's intended use of the Easement Premises. 7. Amendment. That no amendment, revision, or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 8 . Entire Agreement. That, except as set forth in the Agreement to Grant Easements referenced in the foregoing Paragraph 4, this Easement Agreement constitutes the entire agreement between the parties and is intended as a complete and exclusive statement of the ten-ns 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. Applicable Law. That this Easement Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 10. Contractors. 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. Warranty of Title. 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. A:\DEIHS.EAS 12. Binding. That this Easement Agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 13. Recording. That this Easement Agreement shall be recorded by the City at the City's cost with the Kane County Recorder. 14. Joint Preparation. This Easement Agreement is and shall be deemed and construed to be the joint and collective work product of the Grantor and the City and, as such, this Easement 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. 15. Release of Easement. The City may terminate this instrument by recording a release in recordable form with directions for delivery of same, whereupon all rights, duties, and liabilities hereby created shall cease and be of no further force or effect. In the event of discontinuance by the City of the use of the Easement Premises for the purposes granted herein and the failure of the City to reinstate such use within ten (10) years of the initial discontinuance thereof, the City shall terminate this instrument by recording a release in recordable form with directions for delivery of same, whereupon all rights, duties, and liabilities hereby created shall cease and be of no further force or effect. For convenience, such instrument may run in favor of "the owner or owners and parties interested in the Grantees Parcel." 16. Expiration of Easement. This Agreement and the rights granted to the City hereunder shall expire automatically in the event the construction of the sanitary sewer and water mains contemplated in Paragraphs I and 2 of this Agreement has not been initiated within ten (10) years after the date hereof. A:IDEIHS.EAS 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 municipal corporation By: : Mayor Nancy Deihs, Tustee Attest: City Clerk STATE OF ILLINOIS ) ) SS. COUNTY OFKANE ) 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 June, 2001. Notary Public 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 Nancy Deihs, as Trustee under the Nancy Deihs Trust, 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 she signed and delivered the said instrument for the uses and purposes therein set forth. Given under my hand an official seal, this day of , 2001, Notary Public A:\DEIHS.EAS