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HomeMy WebLinkAbout02-139 Recorded Resolution No. 02-139 RESOLUTION AUTHORIZING EXECUTION OF A NON-EXCLUSIVE EASEMENT AGREEMENT FOR SANITARY SEWER LINE AND WATER MAIN IMPROVEMENTS 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 Non-Exclusive Easement Agreement from the State Bank of Countryside, as Trustee Under Trust Agreement Dated June 15, 1990, Known as Trust No. 90-690, for sanitary sewer line and water main improvements 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 Non-Exclusive 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 10, 2002 Adopted: April 10 , 2002 Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk b� �c.� IL FILED FOR RECORD . t.(ANNE nl1',:T':�s 'I.. L. L� E 2002 K 059317 17? �- , �„ 3. 5. MAP ATTACHED RECORDER MAIL TO AFTER RECORDING: William A. Cogley City of Elgin y� Legal Department V� 150 Dexter Court Elgin, IL 60120-5555 NON-EXCLUSIVE EASEMENT AGREEMENT THIS EASEMENT AGREEMENT(the"Agreement")is made and entered into this 7*, day of Caj,u J1 , 2002, by and between the City of Elgin, an Illinois municipal corporation,(hereinafter referred to as the "City"), and State Bank of Countryside,as Trustee under Trust Agreement Dated June 15, 1990, Known as Trust No. 90-690 (hereinafter referred to as the "Grantor"). -3 WITNESSETH WHEREAS, Grantor owns the real property legally described on the plat of easement prepared by Barrington Engineering Consultants, Ltd., dated January 11, 2001, last revised November 15, 2001, attached hereto as Exhibit A, in Kane County, Illinois; and WHEREAS, the City desires to obtain an easement from Grantor for the purpose of installing, constructing, operating, using, maintaining, locating, upgrading, repairing, replacing or removing sanitary sewer line and water main improvements over a portion of the property owned by Grantor; and WHEREAS,Grantor has agreed to grant such an easement for such purposes pursuant to the terms and conditions of this Agreement. 1 62 0\ 0 5 9 3 I 72002 • • • • 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. That Grantor,being the owner of the property referenced herein, does hereby grant to the City a permanent non-exclusive easement to install, construct, operate, use, maintain, locate, upgrade, repair, service, remove or replace sanitary sewer lines and a water main, and other appurtenances relating to sanitary sewer lines and a water main in that parcel of land located on the property of the Grantor,and legally described in Exhibit A attached hereto and described thereon as a "40 foot sanitary sewer and water main easement" (hereinafter referred to as the "Easement Premises"). Provided,however,that the City shall not install said sanitary sewer lines or water main within the Easement Premises in such a way as to interfere with the construction of an extension of the existing roadway located west of the Easement Premises onto Grantor's property. At least thirty (30) days prior to any proposed construction work within the Easement Premises, the City shall submit detailed written engineering and reclamation plans to Grantor or its successors for review and approval. Notwithstanding the above foregoing,Grantor agrees that the plans submitted by the City shall be deemed approved if they are in compliance with applicable laws, rules and ordinances or regulations in effect and depict that the improvements will be constructed within the Easement Premises as described herein. In addition, if Grantor does not respond to the City regarding its review of said plans within seven (7) days after receipt of the same, the plans shall be deemed approved. Grantor acknowledges that it has approved the plans for the initial construction of the sanitary sewer lines. Nothing contained herein shall be construed as granting the City, its contractors, agents or employees the right to store equipment within the Easement Premises. 2 200259317 2. The City shall give Grantor or its successor at least seven(7) days written notice prior to the commencement of: (i) the initial construction of the sanitary sewer lines or water main; or(ii) any planned work involving excavation within the Easement Premises or which will block access to Grantor's adjoining property. In the event of an emergency which requires immediate work in the Easement Premises, the City shall give Grantor telephonic and written notice as soon as practicable thereafter. That following the exercise by the City of any easement rights granted herein,the City shall promptly repair and restore the Easement Premises to the same condition as existed immediately prior to the existence of such rights as is reasonably practicable and shall leave Grantor's Property free from debris. The Citv's use of the Easement Premises shall not unreasonably interfere with Grantor's use of its property or the use of other easements granted by Grantor. All such work shall be performed at the City's sole cost and expense. 3. That the City for itself,its agents and independent contractors,hereby agrees to indemnify, defend and hold Grantor, its beneficiaries, successors and assigns harmless from all third party claims arising directly or indirectly as a result of the City's, its independent contractors, agents or employees use of the Easement Premises. The City further agrees to indemnify, defend and hold harmless Grantor, its successors and assigns from any and all liens placed against Grantor's property arising from said use of the Easement Premises. The indemnities contained herein shall also extend to Prairie Materials Corporation, the grantee under an easement encumbering Grantor's property. The provisions of this paragraph 3 shall survive the termination, cancellation or expiration of this Agreement. 4. The City, its contractors, independent contractors and subcontractors shall, during construction, maintain commercial general liability insurance (including a contractual liability insurance endorsement) against claims for personal injury including bodily injury, death or 3 2002 059317 • property damage, workers' compensation insurance and employers liability insurance, naming Grantor and Henry Loukota as an additional insureds, and such insurance policies shall not be cancelable without at least thirty(30) days prior written notice to Grantor. Grantee shall provide Grantor with a declaration sheet for the insurance policies before commencing work in the Easement Premises. The insurance policies shall have the following coverages and limits: (a) Employers' Liability Insurance— $500,000.00 each accident/injury and $500,000.00 each employee/disease; (b) Commercial General Liability Insurance—$1,000,000.00 per occurrence bodily injury/property damage combined single limit; and (c) Workers' Compensation Insurance in the statutory amounts. 5. That the Grantor and its successors shall not construct any structures or buildings nor plant any trees 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. Notwithstanding the above, Grantor reserves the following rights with respect to the Easement Premises so long as the exercise of such rights does not unreasonably interfere with the City's use of the Easement Premises for the purposes herein granted: (a) Use of the Easement Premises for any reason and in such manner as Grantor shall deem proper, in its reasonable discretion; and (b) The right to grant additional access, utility or other easements over, upon and under, and the right to grant others the right to use the Easement Premises, which right is exclusive to Grantor. 6. That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 4 2002t 059313 • • 7. That this 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. That this Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 9. 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. 10. That the Grantor hereby represents and warrants to the City that it is the fee simple title holder of the Easement Premises and that it has the full power and authority to enter into and make the grant of easement as provided herein. 11. That this Agreement shall be binding on the parties hereto,their successors and permitted assigns and shall run with the land. 12. That this Agreement shall be recorded by the City at the City's cost with the Kane County Recorder. 13. If the City breaches any provision of this Agreement,as determined by Grantor in its sole discretion,and fails to cure such breach within twenty(20)days after written notice thereof,Grantor shall have the right, but not the obligation, to perform the same and the City shall thereafter reimburse Grantor for the cost thereof with interest accruing thereon at an annual rate of 9% from and after Grantor's demand therefore until the date of Grantor's receipt of full payment. 14. Grantor does not warrant or represent that the Easement Premises is suitable for the City's intended use or otherwise. 5 2002$ 0 5 9 3 17 15. The City shall not cause or permit any Hazardous Material(defined as any hazardous or toxic substance,material or waste that is or becomes regulated by any local governmental authority, the State of Illinois or the United States)to be brought upon, stored,released, used or generated on, under, from or about the Easement Premises or any other property adjacent thereto. Without limiting any rights or remedies available to Grantor hereunder,the City shall pay for the cost of any clean-up work as required in connection with the removal,disposal,storage,transportation or neutralization or treatment of such Hazardous Materials. 16. In no event shall Grantor or its beneficiaries be liable for consequential or punitive damages and the City waives any right of its assigns or successors to obtain the same. 17. If upon proper notice and expiration of the City's opportunity to cure as provided in paragraph 14 above, an action shall be instituted by Grantor or its beneficiaries (or successors) for the enforcement of any rights in and under this Agreement, Grantor shall be entitled to recover reasonable attorney's fees and costs of suit. 18. Unless notified to the contrary, any notice necessary or desirable herein, shall be in writing and sufficient if served personally or by Untied States Registered or Certified Mail,postage pre-paid,return receipt requested,by overnight courier,or as the parties may subsequently designate in writing: If to Grantor: Mr. Henry L. Loukota 8501 Autobahn Palos Park, IL 60464 with a copy to: George D. Maurides, Esq. Maurides &Foley, L.L.C. 2 North LaSalle; Suite 1900 Chicago, IL 60602 2002 $. [15 9 3176 Cc • . • . . If to the City: Mr. Raymond H. Moller Director of Economic Development City of Elgin 150 Dexter Court Elgin, IL 60120 with a copy to: William A. Cogley, Esq. City of Elgin- Legal Department 150 Dexter Court Elgin, IL 60120. 19. This instrument is executed by the undersigned Trustee, not personally, but solely as Trustee under the terms of the trust agreement previously described herein, and it is expressly understood and agreed by the parties hereto, anything to the contrary notwithstanding, that no personal liability or personal responsibility is assumed by,said Trustee,all such personal liability,if any, being expressly waived and released by the parties hereto and by all persons claiming by, through or under said parties. 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 STATE BANK OF COUNTRYSIDE, AS municipal corporation TRUSTEE UNDER TRUST AGREEMENT DATED JUNE 15, 1990, KNOWN AS TRUST/,NO. 90-61,1- ( By: By: 5.0-it>/(.. Il - Mayor 4,2 Its: ' : EXON:Dt• v•N C do,euTmerdors . gr.ed brVS /„• C yside not indMdimliy but 4111 T AttestiTrusL :: tereo`711kad in said document, Said rLst nr: 1 / 7.rres. ,•‘ 'n 17•4 d V 1g10,n City Clerk pay !-.1aatre ect1 of ary Ipzot property may • 1;,;:d xcr,t t:at n du'y rc,:t persi‘r:Liy Cr a• 1;usl;e cf :L; proocojs ef any '1 TruYt. r p;r:cnay i,.1`.;1,'; Tor th .-1- :laite of zr... " 2 • ; of saLl pror,3 1,-,r any - •T' , ar.ti v;rs,-7:31 , • ' -„, ard lrr?r,NE,s, rr o"d , •• a, of ;' 11,) . tne 2002 K 0 5 9 3 7 STATE OF ILLINOIS ) ) SS. COUNTY OF K A N E I, (Mg-v @r( r IO , a Notary Public, do hereby certify that Ed Schock, personally known to me to be the Mayor of the City of Elgin, whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that, as such Mayor of the City of Elgin,he signed and delivered the said instrument as such Mayor of the City of Elgin, as his free and voluntary act,and the free and voluntary act of the City of Elgin,for purposes therein set forth. Given under my hand and notarial seal this ( ( `-day of , 2002. etA •� -4 not aryjPublic 4 "OFFICIAL SEAL • MARY GIFFORT Notary Public, State of Illinois • • My Commission Expires 06113/04 Z/ STATE OF ILLINOIS ) )SS. COUNTY OF C4)--e,c ) I, t , a Notary Public, do hereby certify that ,personally known to me to be a trust officer of State Bank of Countryside,whose name is subscribed in the foregoing instrument, appeared before me this day in person and acknowledged that,as such trust officer,he/she signed and delivered the said instrument as such trust officer of said bank, as his/her free and voluntary act, and as the free and voluntary act of said bank, for purposes therein set forth. Giv;n under my hand�d nto : 'al seal this /�- day of /l.c , 2002. ft .u ravitki, Notary Pir:1ic CIAL SEAL ANGELA M RUTLEDGE NOTARY PUBLIC STATE OF ILLINOIS MY COMMISSION EXP,AUG.1,20Q5 2002A 059317 8