HomeMy WebLinkAbout02-140 Y
Resolution No. 02-140
RESOLUTION
AUTHORIZING EXECUTION OF A TEMPORARY CONSTRUCTION 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 Temporary
Construction 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
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TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT(the"Agreement")is
made and entered into this 17 t7,day of ccrytAx
, 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").
WITNES SETH
WHEREAS, Grantor owns the real property legally described on the plat of easement
prepared by Barrington Engineering Consultants, Ltd., dated January 11, 2001, revised November
15, 2001, attached hereto as Exhibit A, in Kane County, Illinois; and
WHEREAS, the City desires to obtain a temporary construction 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.
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,has granted to the City a
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
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sewer lines and a water main in that parcel of land located on the property of Grantor, and legally
described in Exhibit B attached hereto and described thereon as a"40 foot sanitary sewer and water
main easement" (hereinafter referred to as the "Easement Premises").
2. That Grantor does hereby grant to the City a temporary construction easement for that
portion of Grantor's property legally described on Exhibit C attached hereto and described thereon as
the "50 foot temporary construction easement" allowing access over and use of said portion of
Grantor's property for the purpose of constructing the sanitary sewer and water main improvements
in the Easement Premises and the adjoining property purchased by the City from the Grantor(the
"Temporary Construction Easement Premises"). The Temporary Construction Easement Premises
shall not be used for the storage of equipment used in conjunction with the construction of the
sanitary sewer and water main improvements. Notwithstanding anything contained herein to the
contrary, the City covenants and agrees that it shall not construct any improvements within the
Temporary Construction 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 and in the adjoining property purchased
by the City from the Grantor but in any event shall automatically expire eighteen (18) months
after the City initiates construction of the subject sanitary sewer line and water main improvements
in the Easement Premises and in the adjoining property purchased by the City from Grantor. All
such work shall be performed at the City's sole cost and expense.
3. The City shall give Grantor or its successor at least seven(7)days written notice prior to
the commencement of the initial work involving the Temporary Construction Easement Premises
and, in the event of an emergency which requires immediate work in the Temporary Construction
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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 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 Grantor's property free from debris. The City's use of the Temporary Construction
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.
4. 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 Temporary Construction 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 temporary construction 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 4 shall
survive the termination, cancellation or expiration of this Agreement.
5. The City, its contractors, independent contractors and subcontractors shall at all times
maintain commercial general liability insurance (including a contractual liability insurance
endorsement) against claims for personal injury including bodily injury, death or property damage,
workers' compensation insurance and employers liability insurance,naming Grantor and Henry L.
Loukota as additional insureds, and such insurance policies shall not be cancelable without at least
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thirty(30)days prior written notice to Grantor. Grantee shall provide Grantor and Henry L.Loukota
with a declaration sheet for the insurance policies before commencing any work in the Temporary
Construction 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.
6. That no amendment, revision or modification hereof shall be effective unless it is in
writing and signed by all parties hereto.
7. That this Agreement constitutes the entire agreement between the parties relating to the
Temporary Construction Easement Premises 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 the Temporary Construction Easement
Premises.
10. That the Grantor hereby represents and warrants to the City that it is the fee simple title
holder of the Temporary Construction Easement Premises and that it has the full power and authority
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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 not be recorded 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 temporary construction easement premises
is suitable for the City's intended use or otherwise.
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 Temporary Construction 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 Grantee 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 13 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
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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
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.
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IN WITNESS WHEREOF, the parties have entered into and executed this Easement
Agreement on the date and year first written above.
RE
MENT
CITY OF ELGIN, an Illinois STTRAUTSETEBEAuNNDK UNDER TRUST AGOF COUNTRYSIDE, AS
municipal corporation DATED1990,KNOWN AS
TRUSTJUNE5
90-6901
‘,.
By• cst v •
By. .0x 41.-- -
Mayor Its: 'Aliik_N,...rvM1 .41111A.,xk'vers‘-) -
/ At est: •
res
Attest: 1
SUSAN L. JU
City Clerk •
NOTE: E • v.-. CLAUSE
T!::s document is s:Irtr1F.J by f.:ta?s flank of Coultryside not iniividualty but
solf:y as Trusts,s un6,3r Trust ft, csmirtt menticmed sn to,1 ci:.•:,1!;•nr.t.
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STATE OF ILLINOIS )
) SS.
COUNTY OF K A N E (1 )
I, X11 R G �U , 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. f
Given under my hand and notarial seal this I day of Q , 2002.
( li
Notary bli
"OFFICIAL SEAL"
STATE OF ILLINOIS ) /zMARY GIFFORT
COUNTY OF CAJ ) SS % Notary Public, State of Illinois
My Commission Expires 06/13/04
-.2.r
I, , a Notary Public, do hereby certify that
JOAN MIC,KiA, , 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.
Given under my hand and notarial seal this jam- day of Z, 2002.
OF CIAL S" 1L,
ANGELA M RUTLEDGE 4c2, f)
NOTARY PUBLIC STATE OF ILLINOIS
MY COMMISSION EXP.AUG.1,2005 Notary 'ubli
8
OF 6-tCi Q (o 4
o`>= D'�2fi Agenda Item No.
�..,;�` City of Elgin � --,
L +
April 5, 2002 � _ 1P-1
N
TO: Mayor and Members of the City Council
ECONOMIC GROWTH
FROM: Olufemi Folarin, Interim City Manager
SUBJECT: Real Estate Sales Contract and Easement Agreements
Between the City of Elgin, Henry Loukota and
the State Bank of Countryside, as Trustee
PURPOSE
The purpose of this memorandum is to provide the Mayor and members
of the City Council with information to consider approving the
subject real estate sales contract and easement agreements needed
for construction of the Bowes Road Interceptor Sewer-Phase 1B-
Section B (BRIS-IB-B) .
BACKGROUND
The Bowes Road Interceptor Sewer, when completed, will serve future
developments west of Randall Road, including the Otter Creek Lift
Station. The BRIS-1B-Section A was completed in 2001 . In order to
complete Section B, easements need to be obtained from three
property owners .
The subject real estate sales contract and easement agreement is
for one of the properties . The real estate sales contract is for
the purchase of a 40 foot X 678 foot strip of property. A portion
of the sewer will be installed on this property. The owner
requested that the City purchase the property instead of granting
a permanent easement . He felt that an easement on the property
would make it unusable and, therefore, preferred that the City
purchase it . An appraisal valued the property at $35, 000 . The
agreement also includes a permanent easement and temporary
construction easement . A copy of the subject agreement is attached
as Exhibit A.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None .
Real Estate Sales Contract and Easement Agreements
April 5, 2002
Page 2
FriFINANCIAL IMPACT
The cost to purchase the subject real estate is $35, 000 . The City
will also pay the recording fees . It is estimated that this will
be less than $100 . Funds are available in account number 380-4200-
795 . 92-41, project number 339593 (Sewer portion of the 2000 Bond
Sale, Bowes Road) , to fund this agreement . The total budget for
this project is $5, 910 , 000, with $4 , 271, 620 still available .
\J‘I\15:V
ALIMPACT
e .
ALTERNATIVES
1 . Approve the subject real estate sale contract and easement
agreement .
2 . Do not approve the agreement . An alternate route for the
interceptor sewer would then need to be secured.
RECOMMENDATION
It is recommended that the City Council authorize the Real Estate
Sales contract and Easement Agreement with Henry Loukota and the
State Bank of Countryside, as Trustee .
Respectfully submitted,
(1111
Olufemi F. a in
Inter ' ii ' ty Manager
SP:do
Attachment