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Home My WebLink About01-99 Recorded 1 • Resolution No. 01-99 RESOLUTION AUTHORIZING EXECUTION OF A STORMWATER EASEMENT AGREEMENT WITH PULTE HOME CORPORATION AND DAVID A. BUTLER AND LYNN A. MYERS (1850 Gleneagle Circle) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Stormwater Easement Agreement with Pulte Home Corporation and David A. Butler and Lynn A. Myers, a copy of which is attached hereto, for the property legally described as follows : Lot 902 in the Glens of College Green Unit 3 , being a subdivision in part of the Northwest Quarter of Section 27 and part of the East Half of Section 28 , Township 41 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded June 13 , 1991 as Document 91K30251, all in Kane County, Illinois . BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Stormwater Easement Agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois . s/ Ed Schock Ed Schock, Mayor Presented: April 11, 2001 Adopted: April 11, 2001 Omnibus Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk STORMWATER EASEMENT AGREEMENT THIS S ORMWATER EASEMENT AGREEMENT (the "Agreement") is made as of this f day ofQ , 2000 ("Effective Date"), between the CITY OF ELGIN, an Illinois municipal corporation ("City"), PULTE HOME CORPORATION, a Michigan corporation and DAVID A. BUTLER and LYNN A. MYERS ("Owner"). RECITALS A. Owner owns real property located at 1850 Gleneagle Circle in the City of Elgin, Illinois ("Property"). The Property is legally described in EXHIBIT A attached hereto and incorporated herein. 0 B. The property is part of the Glens of College Greens subdivision, which Pulte developed. C. In order to improve stormwater drainage within the Glens of College Greens subdivision, Pulte needs to have access to and install stormwater facilities on the Property, which will be owned and maintained by the City. ED. The parties mutually desire to enter into an agreement by which Pulte has a temporary construction easement over and across a portion of the Property for the construction and installation of stormwater facilities and by which the City retains a permanent easement over and across the same easement area to access the Property and to repair and maintain the stormwater facilities located within the easement on the terms and conditions set forth in this Agreement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and which includes covenants hereinafter contained to be kept and performed by the parties, the City, Pulte and Owner agree as follows: 1. CONSTRUCTION OF STORMWATER FACILITIES. Owner hereby grants to Pulte a temporary construction easement and an access easement in, on, under, across, and above the Property for the purpose of constructing and installing by Pulte, at Pulte's cost, a 12 inch stormwater drainage pipe and all appurtenances thereto (the "Stormwater Facilities"). The Stormwater Facilities shall be located in an area on the Property that is five (5) feet wide and which runs parallel to the western boundary of the Page 1 of 5 0 ( G� FIRST AMERICAN TITLE INSURANCE COMPANY CH01/12098993.1 0� ONE N. CONSTITUTION OR. SUITE 2 AURORA. IL 60506 2001K046801 Property as shown on EXHIBIT B, attached hereto and incorporated herein (the "Easement Area"). The easement granted to Pulte in this Section 1 shall be referred to in this Agreement as the "Pulte Easement." The Stormwater Facilities shall be owned, operated and maintained by the City once the Stormwater Facilities are constructed and operational. 2. MAINTENANCE, REPAIR AND REPLACEMENT OF STORMWATER FACILITIES. Owner hereby grants to City a permanent and exclusive easement in, on, under, across and above the Property in the location of the Easement Area to provide access to the Property and for the purpose of altering, maintaining, repairing and replacing the Stormwater Facilities once such facilities are constructed by Pulte and are operational. The easement granted to the City in the Easement Area shall be referred to in this Agreement as the "City Easement." 3. USE OF EASEMENT AREA. Owner shall not erect any buildings or any permanent structures within the Easement Area. Owner shall not use the Easement Area in a manner inconsistent with the Pulte Easement or the City Easement. 4. INDEMNITY AND HOLD HARMLESS. Pulte agrees to indemnify and hold Owner harmless for any damages or claims arising directly as a result of Pulte's installation and construction of the Stormwater Facilities. City agrees to indemnify and hold Owner harmless for any damages or claims arising directly as a result of City's alteration, maintenance, repair or replacement of the Stormwater Facilities. 5. NOTICES. All notices and other correspondence under this Agreement shall be in writing and delivered in person or sent by registered or certified mail by the United States Post Office, postage pre-paid at the addresses provided for in this Section. The parties may designate other addresses than those set forth herein from time to time by notifying the other party in writing. All notices and correspondence mailed as aforesaid shall be deemed to be given three days after the date of mailing. If to Pulte: Pulte Home Corporation 2500 West Higgins Road, Suite 770 Hoffman Estates, IL 60195 Attn: Peter Tremulis If to City: City of Elgin 150 Dexter Court Elgin, IL 60120 Attn: City Clerk Page 2 of 5 CH01/12098993.1 2OO1K046801 If to Owner: David A. Butler Lynn A. Myers 1850 Gleneagle Circle Elgin, IL 60123 6. TERMINATION AND SURVIVAL. The Pulte Easement shall automatically terminate when the Stormwater Facilities have been constructed and are fully operational. However, the terms and conditions of this Agreement shall survive the termination of the Pulte Easement. 7. GOVERNING LAW. This Agreement shall be construed and enforced in accordance with, and governed by, the laws of the state of Illinois. 8. ENTIRE AGREEMENT. This Agreement embodies the entire Agreement and understanding between the parties and supersedes all prior agreements and understandings relating to the subject matter hereof. 9. SUCCESSORS AND ASSIGNS. All of the terms of this Agreement, whether so expressed or not, shall be binding upon the respective successors and permitted assigns of the parties hereto and shall inure to the benefit of and be enforceable by the parties hereto and their respective successors and permitted assigns. 10. COUNTERPARTS. This Agreement may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. 11. AUTHORITY TO EXECUTE. Each person executing this Agreement on behalf of another person or entity or on behalf of either party to this Agreement represents and warrants that he or she is fully authorized to execute and deliver this Agreement on behalf of such person, entity or party to this Agreement and that upon execution, this Agreement shall be binding upon each of the parties hereto. 12. INCORPORATION OF RECITALS AND EXHIBITS. The foregoing Recitals and the attached Exhibits are hereby incorporated into and made a part of this Agreement as if fully set forth herein. Page 3 of 5 CH01/12098993.1 2oo1K04. 6801 ``, EXECUTED as of the day and year first above written. PULTE: PULTE HOME CORPORATION, a Michi corpor tion By 1 Nam : Title: ;('4' , ey-in-Fact By _ Name: Title: Attorney-in-Fact CITY: CITY OF ELGIN, an Illinois municipal corporation By <1 *ea/ Name: Ed Schock Title: Mayor Attest: ki-eGx..0.._ AL,,,,,---- Dolonna McCum, City Clerk OWNER: civj a , &deA David A.Q7;/ / � C / ) Lynn A. Myers f Page 4 of 5 CH01/12098993.1 2OO1K04680I 5 State of Illinois) )SS County of Kane) I, the undersigned, a Notary Public, in and for Kane County, in the State of Illinois, do hereby certify that DAVID A. BUTLER and LYNN A. MYERS, 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 said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal, this,4veday of 1 2000. CC�J6.)-e Notary Pub is "OFFICIAL SEAL" CAROL P. HEAL-BOYER Notary Public, State of Illinois My Commission Expires 08/13/03 This instrument was prepared by: Kristina Dalman Gardner, Carton & Douglas 321 N. Clark, Suite 3400 Chicago, Illinois 60610 After recording, please return to: Kristina Dalman Gardner, Carton & Douglas 321 N. Clark, Suite 3400 Chicago, Illinois 60610 Page S of S CH01/12098993.1 2oo1K04680I EXHIBIT A EXHIBIT A LEGAL DESCRIPTION OF PROPERTY LOT 902 IN THE GLENS OF COLLEGE GREEN UNIT 3, BEING A SUBDIVISION IN PART OF THE NORTHWEST QUARTER OF SECTION 27 AND PART OF THE EAST HALF OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 13, 1991 AS DOCUMENT 91K30251, ALL IN KANE COUNTY, ILLINOIS. Address of the PROPERTY: 1850 Gleneagle Circle, Elgin, Illinois PIN: 06-28-277-036 EXHIBIT A CH01/12098993.1 2OO1K04680I ExuBmT B DEPICTION OF EASEMENT AREA [see attached] EXHIBIT B CH01/12098993.1 2O01K046801 , EXHIBIT '8' FIL D FOR RECORD PLAT OF EASEMENT K> t E COW4 Y, ILL. OVER PART OF 2 0 0 1 K 0 4 6 8 01 1)r MY 18 Pll 2: 00 LOT 902 IN THE GLENS OF COLLEGE GREEN UNIT 3, BEING A SUBDIVISION IN PART OF THE NORTHWEST QUARTER OF SECTION 27 AND PART OF THE EAST HALF OF SECTION 28, ��t'.'`, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO , THE PLAT THEREOF RECORDED JUNE 13, 1991 AS DOCUMENT 91K30251, ALL IN KANE H:.!.' ,.i '''' COUNTY, ILLINOIS. f... r.r *- ►.. i 1 r %-'"-- 1�I 1 .1- 1- ,• 1 1.. I.,► / ., 1 j 1 . ' 4• % 1 1 " SCALE: 1" = 20 1`, 1 1 �` 1 ► .i�, 1 `� .A / 1 1 I, e' 1 11�/1�, , I ' 20 10 0 20 �``� 1,/ ,. ,. A %A / I ., L_ 1 I. ,\ ,. \A / / *6I t..A. ' r ,• E :8 42 _ - - 7 9.25 02 _ J!(y�. — O 'i..,A�4. `'vA `.. O Y;a \ cP 5 1 mG of A \ ) f�\ 19 0. Nr "+.V 6 4 ` N , , 902 Yo \ �c,�•'/\ O ‘f 2 l A I I e• �P'y \ \ -0 k';?s. i %/ ♦, v J ti \ 'i/_ o� 4 \ o ��d<. 's \ �'',` r s , -e +rti - ., ., 1 `, \ '';.S z;ki �A \ • 4•, So tis'' \ •�:.- \ �.xt, \ j• i y \ / 25' BUILDING NG \ 2 5 00 SETBACK UNE� \ \\ • R� � . \\ \ �6'56. \ P , wkek....t, c::i . G \ 0.1t-- .--Pi .e••"• c i\i c 0.*:'....„,.., y . 5. A. i e ..,. • 7 •';} 'i`! / '/12/00 PREPARED DATE ✓^ 8T STATE OF ILLINOIS ) • :. // lk DATE DESCRIPTION BY ) S.S. -I"` ',,•r COUNTY OF Du PAGE ) ' - WE, MIDWEST TECHNICAL CONSULTANTS, INC., ILLINOIS TES: PROFESSIONAL LAND SURVEYING CORPORATION No. 50, DO HEREBY CERTIFY THAT THE PLAT SHOWN HEREON FROM Z BUILDING RESTRICTIONS AND EASEMENTS NOT SHOWN HEREON, EXISTING PLATS AND RECORDS AND THAT SAID PLAT IS A -ER TO YOUR ABSTRACT, DEED, GUARANTEE POLICY AND LOCAL TRUE AND CORRECT REPRESENTATION THEREOF. ALL )INANCES. DIMENSIONS SHOWN IN FEET AND DECIMAL PART THEREOF. 41PARE ALL POINTS BEFORE BUILDING AND REPORT ANY GIVEN UNDER MY HAND AND SEAL IN NAPERVILLE, ILLINOIS, FERENCE AT ONCE. THIS 12th DAY OF JULY, A.D., 2000. MIDST TECHN CAL PREPARED FOR: STEVEN A. PP, P.L . 1� CONSULTANTS, INC. PULTE MASTER BUILDERS VICE PRESIDENT LAND SURVEYORS 10 -0101 -0318 1832 CENTRE POINT DRIVE 1.(� -_-'---L - - - e%kkt`illS " '- )`1\. ' 1L NAPERVILLE,1ILLINOIS 60563 JOB NO.: 229-132 DRAWN BY: BT BRUCE A. BRUCKELMEYER, P.L.S. #2456 L PRESIDENT