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Home My WebLink About02-102 Recorded Resolution No. 02-102 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 SANITARY SEWER AND 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 sanitary sewer and 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 RECCn 2002K 056016 7M? An29 Pk' I?: 3(1 MAP ATTACHED EASEMENT AGREEMENT URECCrjEl THIS EASEMENT AGREEMENT made and entered into this Mfr. day of r t, 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"). WITNESSETH WHEREAS, Grantor owns the real property legally described on the Plat of Easement prepared by Landmark Engineering Group,Inc.,dated August 21st,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 90 installing, constructing, operating, using, maintaining, locating, upgrading, repairing, replacing or removing sanitary sewer lines and other appurtenances related thereto over a portion or portions of r•rJ 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 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"),permanent and exclusive(except as set forth in Paragraph 6 hereof)easements(the"Sewer i 1 Gyorr North n\ 16 �'�, / ZC, 2002 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 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 a;"Water Easement"on Exhibit A attached hereto. (The premises burdened with the Sewer and Water Easements and the Water Easements shall hereinafter be collectively referenced to as the "Easement Premises"). 3. 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" 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. 4. Restoration of Easement Premises and Temporary Construction Easement Premises. Gyorr North 2002 ( 056016 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. 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 (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. 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 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 3 Gyorr North 3 2002 0 56016 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 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. 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. 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 4 Gyorr North 2002Y 560 t 6 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 1 and 2 of this Agreement has not been initiated within ten (10) years after the date hereof. 5 Gyorr North 2002 $ 056016 IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above. GRANTOR: CITY OF ELGIN, an Illinois / Q Municipal Corporation JJ . `OHN GYORSR. By: '7_.. • ,< %7: _______ . 9 ,t........ i Mayor J 11 GYO JR. Attest: 4N.�(2A-C...e.A-44.---- / - zel/?J City Clerk AUDREY J.G,' • ,Trus 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.2 fed-day of /1441444. 2001. , 3 a j /i,z4-4 A(57' k- 11 NotaryiPublic STATE OF ILLINOIS ) :�. ••. .� .r:.,�,.0 ) SS. OFFICIAL SEAL COUNTY OF KANE ) SUELLYN LOSCH NfiTARY PUBLIC, STATE OF ILLINOIS I,the undersigned,a NotaryPublic,in and for sal n F�"' °` 2?, z of g `� c�'�ounty,an.t�ie�tate a�f"oresaid,do hereby certifyar4 45c Slpersonally known to me to be a Trust Officer of Oa (Lk 1.t cr✓ lafti1 the same person whose nameOubscribe 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 said Trust department of the said 14dtvi dads a.4 as-trustee of its said trust number _ for the uses and purposes herein set forth. Given under my hand an official seal, th. i day of ch6tZ Notary Public I "OFFICIAL SEAL" Gyorr North RICHARD L. HEIMBERG Notary Public,State of IllinoisLe My Commission Expires 07/10/2002�j 2002K 05601 6 �,0 OF Etc, `,;"IlliN"§ Agenda Item No. 0 , qCity of Elgin J .. L ,_ ;°: 1 ii : .44 February 22 , 2002 N r:il TO: Mayor and Members of the City Council ECONOMIC GROWTH FROM: Olufemi Folarin, Interim City Manager SUBJECT: Acceptance of Sanitary Sewer and Water Main Easements on the Gyorr Property PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the acceptance of sanitary sewer and water main easement agreements related to servicing the new school on Hopps Road. rBACKGROUND FF School District U-46 is constructing a new elementary school on Hopps Road west of Randall Road. To serve the new school with sanitary sewer and water, new mains must be constructed. The attached easement agreements are the last remaining easements necessary to extend the sanitary sewer and water mains to the new school . Also attached is a location map. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT 0 There are no direct costs to the City associated with the acceptance of the easement agreements . The cost of recording them will be charged against the Engineering Division' s Legal Recording Fees account number 010-3312-752 .20-05, and an invoice will be sent to the school district to recoup the costs . ^ / ' AL IMPACT /�/y.. None. Gyorr Property February 22, 2002 Page 2 ALTERNATIVES Do not approve the easement agreements making it impossible to provide sewer and water service to the school . RECOMMENDATION It is recommended that the City Council accept the easement agreements and authorize staff to execute. Respectfully submitted, 1111 • Olu emi . ' Inter'm Ci •ager JE:do Attachments