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HomeMy WebLinkAbout01-200 Recorded Resolution No. 01-200 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH NANCY DEIHS, AS TRUSTEE, 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 Nancy Deihs, as Trustee under the Nancy Deihs Trust, 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 t. FILED FOR RECORD KANE COUNTY, IL L. 2001 K08I I4I 7'OIAUG -8 Alil!: IS This Instrument Prepared by and Return After ►, Recording to: i v William A. Cogley City of Elgin PI IdD mg) ATTACHED Legal DepartmentU 150 Dexter Court Elgin IL 60120-5555 EASEMENT AGREEMENT y THIS EASEMENT AGREEMENT made and entered into this /Pr/May of rL, 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 29, 2001, d- Cb 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 Vj 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 0 vt; 2001 K 0 01 14 1 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 2001 K 0 81 14 I 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 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. 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:\DEIHS.EAS zooIK08I14I -3 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 200IK08I I4I • 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\DEIHS.EAS 20o 1 K 0 8 1 141 • 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 Mayor Natlpeihs, Tustee Attest: 130-(0-1A,Ge.Az__ 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 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 / 4day of 2001. � fEG qSt4.6 Cv otary Public STATE OF ILLINOIS ) OFFICIAL SEAL SUELLYN LOSCH COUNTY OF K A N E ) SS. 4 NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires Oct. 27, 2002 'wi►irNer•w®lsrlrlirvrw®®'fir 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 O"d day of J v aE , 2001, *OFFICIAL SLA id"brig Public Near my Commissio A:\DEIHS.EAS 2ooiK081141