The URL can be used to link to this page

Home My WebLink About02-101 Recorded Resolution No. 02-101 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT FROM JOHN GYORR, SR. , AUDREY J. GYORR, TRUSTEE OF THE AUDREY J. GYORR TRUST AND THE ALBERT A. GYORR TRUST, AND JOHN GYORR, JR. FOR WATER MAIN PURPOSES 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 water main purposes from John Gyorr, Sr. , Audrey J. Gyorr, Trustee of the Audrey J. Gyorr Trust and the Albert A. Gyorr Trust, and John Gyorr, Jr. 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: March 13 , 2002 Adopted: March 13 , 2002 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk • FILED FOR RECORD 2002 K 056015 7T_2 r: '11 ,, . ,.,: 30 tp °�I�1- ✓._.,.�;,�..�'.M..i MAP ATTACHED EASEMENT AGREEMENT G�^ �" 14L �J�'. ._ THIS EASEMENT AGREEMENT made and entered into this 'fit' day of t ya;, y, 2002,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. Gvorr Trust and the Albert A. Gyorr Trust. and JOHN GYORR, JR. (hereinafter referred to as the"Grantor"). WITNESSETH WHEREAS, Grantor owns the real property legally described on the Plat of Easement prepared by Landmark Engineering Group.Inc.,dated July 2"d,2001,attached hereto as Exhibit A,in Kane County, Illinois (the "Grantor's Parcel"); and of 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 NJ removing water mains and other appurtenances related thereto over a portion or portions of the Z 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. Water Easement. 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"), a permanent afA. 1 Gyorr South /21-e 183 460.1 dZi,x1/ Q?\( 17?9; C, r?.. zt-L. 0,47,-,34- l/w�`�',3 (44* Pte O D : SAL, �� '`� 200i� 5 6 015 F-C., and exclusive(except as set forth in Paragraph 5 hereof) easement(the"Water Easement")to install, construct, operate, use, maintain, locate. upgrade, repair, service, remove, or replace water mains, and other appurtenances relating to water mains in, upon. and under those portions of the Grantor's Parcel labeled as "Water Easement" on Exhibit A attached hereto. 3. Temporary Construction Easement. 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" 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 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 original 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, 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 Gyorr South 183460.1 200214\ 0560 t5 personal injuries or property damage (except 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 right 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 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 3 Gyorr South 183460.1 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 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 4 Gyorr South 183460.1 2002IC 056015 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." 15. Expiration of Easement. This Agreement and the rights granted to the City hereunder shall expire automatically in the event the construction of the water mains contemplated in Paragraphs 1 and 2 of this Agreement has not been initiated within ten (10) years after the date hereof. 5 Gyorr South 183460.1 2002 . CI 5 6 015 IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above. GRAN OR: CITY OF ELGIN, an Illinois / / pp Municipal Corporation ', 0O / HN GYORR, 1 • BY: 4If • Mayor JOHN s"ORR, JR. Attest: 5.- (. Gt jcl.qmft) City Clerk AUDREY J.0.7 O ,Trust?of the Audrey J. Gyorr Trust and the Albert A. Gyorr Trust STATE OF ILLINOIS ) ) SS. Attest: COUNTY OF KANE ) I,the undersigned,a Notary Public, in and for said County, in the State aforesaid,do hereby certify ,Mayor,and ,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 herein set forth. Given under my hand an official seal, this��t.arday of,o ,G•,2001. c u f, f l(- Or tk..J Notary Public STATE OF ILLINOIS ) ) SS. OFFiCIAI. COUNTY OF KANE ) SUpEi_;_Ii' ATE OF Il I,the undersigned,a Notary Public, in and for said Cour'i y,h the'ffatetal'oresaid,do hereby certify JDlk(Q, '3J1..4 personally known to me to be a Trust Officer of GM G /Li (Leer the same persor4jwhose nam�J subscribe to the foregoing instrument, appearedtefore me this day in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act of the said Trust department of the said Iii.615 -as-trustee of its said trust number for the uses and purposes herein set forth. Given under my hand an official seal, this,' l%4' day of Fe f , r s� 2007- 40, 00zi AMP Notarlkilf,l •e1Fsltr, "(7*1C1 At. SEAL" 6 RICHARD L. HEIMBERG Notary Public, State of Illinois Gyorr North My Commission Expires 07/10/2002 $�r�a S^,;.L4sS i ro'�.i mss; rWfiSr 183459.1 a 20021 056015