HomeMy WebLinkAbout01-197 Recorded Resolution No. 01-197
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH
BOWES ROAD, L. L. C. FOR SANITARY SEWER LINES AND
WATER MAIN IMPROVEMENTS
(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 easement
agreement for sanitary sewer lines and water main improvements for
the Otter Creek Lift Station Force Mains in the Far West Area from
Bowes Road, L.L. C. for the property legally described on Exhibit A,
a copy of which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to cause the Easement Agreement to be
recorded in the office of the Recorder of Deeds of Kane County,
Illinois .
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
FILED FOR RECORD
MANENE Cr.!.!:fl-Y, ILL.
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This Instrument Prepared ,,.,f
by and Return After }'
Recording to:
William A. Cogley
City of Elgin „Aft 3 6
Legal Department
150 Dexter Court MAP ATTACHED
Elgin IL 60120-5555
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT made and entered into this / day of vL, 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
CI WHEREAS, the Cityof Elgin desires to obtain easements from Grantor for the
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\..) 3 purpose of installing, constructing, operating, using, maintaining, locating, upgrading, repairing,
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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 casements 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:
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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 "Sanitary 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
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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.
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, signage along the Randall Road frontage of the Easement Premises
(provided no sign shall be within five(5) feet of any existing pipe and the foundation of each sign
shall be constructed at a depth below the depth of any existing pipe), fences,bicycle and pedestrian
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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
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.
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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 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.
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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
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 /?t/!—day of S u L. V ,
2001. /
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'� . Pu�li
�.. A...4s..tab,rt.,.IN.
STATE OF ILLINOIS ) OFFICIAL SEAL
) SS. SUELLYN LOSCH
COUNTY OF K A N E ) NOTARY PUBLIC, STATE OF ILLINOIS
My Commission Expires Oct. 27, 2002
I, the undersigned, a Notary Public, inVald'`foYs�`ar u�rlty, I'n t ie State aforesaid,
do hereby certify that ti.)%(.4�c,Q.. t.).m c`4\�, , 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, this12 day f Jun 200 .
Public
"OFFAL "
JE"NNIFERICI E.SEALHAHN
Notary Public,State of Illinois
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