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Home My WebLink About02-221 Recorded Resolution No . 02-221 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT FROM THE ELGIN LODGE NO. 799 LOYAL ORDER OF MOOSE FOR THE SOUTH MCLEAN BOULEVARD IMPROVEMENT PROJECT 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 with the Elgin Lodge No. 799 Loyal Order of Moose for the South McLean Boulevard Improvement Project 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: June 12 , 2002 Adopted: June 12, 2002 Omnibus Vote : Yeas : 5 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk FILED FOR RECORD !LL. 2002K082828 7f7:7 -3 P.H 8: 145 RAGREE/EASEMENT. 925 , DRAFT 5/21/02 EASEMENT AGREEMENT 0 THI EASEMENT AGREEMENT made and entered into this ;Q__ / day of ' It; , 2002 , by and between the City of Elgin, an I14inois municipal corporation, (hereinafter referred to as the "City" ) , and ELGIN LODGE NO. 799 LOYAL ORDER OF MOOSE, an Illinois not-for-profit corporation (hereinafter referred to as the "Grantor" ) . WITNESSETH WHEREAS, Grantor owns the real property in Kane County, Illinois, which is legally described on Exhibit A \ attached hereto ' (hereinafter referred to as the "Temporary Construction Easement Premises" ) and WHEREAS, the City desires to obtain a Temporary Construction Easement from Grantor over the Temporary Construction Easement Premises relating to the construction LO and installation of roadway improvements over certain property which is adjacent to the Temporary Construction Easement Premises; and WHEREAS, Grantor has agreed to grant such a temporary construction easement pursuant to the terms and conditions of this easement agreement . NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : Exhibit B 2002 082828 • 1 . That Grantor does hereby grant to the City a temporary construction easement for that portion of Grantor' s property legally described on Exhibit A attached hereto and referred to herein as the Temporary Construction Easement Premises allowing access over and use of said portion of Grantor' s property for the purpose of constructing and installing roadway improvements over certain property which is adjacent to the property owned by Grantor and for the purpose of regrading as necessary the Temporary Construction Easement Premises so as to provide an engineered slope or grade thereon to conform to the grade of the adjacent right-of-way following the completion of the construction and installation of roadway improvements thereon. The Temporary Construction Easement hereby granted shall automatically expire 24 months from the date of this agreement . 2 . That in consideration of Grantor entering into this Easement Agreement and Grantor' s grant to the City of the Temporary Construction Easement provided for herein the City shall pay to the Grantor the sum of Ten Dollars ($10 . 00) . 3 . 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 and shall leave the Temporary Construction Easement Premises and surrounding premises of Grantor free from debris . 4 . That the City for itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor and its successors harmless from third party claims for personal injuries or property damage arising directly as a -2- 2OO2KIj82828 result of the City' s work in the Temporary Construction Easement Premises during construction. The City further agrees to indemnify and hold harmless Grantor from any and all liens placed against the Temporary Construction Easement Premises arising from said construction activities . 5 . That during the term of the Temporary Construction Easement granted herein the Grantor and its successors shall not construct any structures or buildings nor plant any trees on the Temporary Construction Easement Premises nor undertake any other activities on the Temporary Construction Easement Premises which unreasonably interfere with the City' s intended use of the Temporary Construction Easement Premises . 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 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 -3- 2002K j82828 or other agents to perform work on either the adjacent property or 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 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. 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 ELGIN LODGE NO. 799 LOYAL ORDER municipal corporation OF MOOSE, an Illinois not-for-profit corporation oi BY / PA BY/4/ (22604 Mayor Attest : Attes : -AI Aktilitg1Alt L4 City Clerk -4- 2002K 082828 y STATE OF ILLINOIS SS . COUNTY OF K A N E I , the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Ed Schock, Mayor, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act of the uses and purposes therein set forth. :ven under my hand an official seal , this 41 day day of Al , 2002 . fi Notary Pubic OFFICIAL SEAL SUELLYN LOSCH STATE OF ILLINOIS ) a NOTARY PUBLIC, STATE OF ILLINOIS SS . ; My Commission®Nr®®Expires ®-er� 2002 "� COUNTY OF K A N E ) I , the undersigned, a Notary Public, in and for said Co n y,` in1 the State aWr said, do hereby certify that t, 3c h goTdfa- d 7-z60/L 6 2 i ri£K , is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act of the uses and purposes therein set forth. 'ven under my h_ - . a offic ' .l seal , this day of , 2402 . ' •tary Public This Instrument Prepared by OFFICIAL SEA• L and Return to After Recording to : RONALD O R°ESER E o NOtEt William A. Cogley NOTARYPUBLIC. .7AT01/1805 City of Elgin My cos °ssAti^.'"�°" Legal Department 150 Dexter Court l Elgin IL 60120-5555 -5- 20021 iJ82828 EXHIBIT A That part of South 891 . 0 feet of the Northeast Quarter of the Northwest Quarter, lying Easterly of the centerline of McLean Boulevard and that part of the South 891 . 0 feet of the West 343 . 2 feet of the Northwest Quarter of the Northeast Quarter, except the North 10 acres thereof, in Section 27 , Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois, described as follows : Commencing at the Southwest corner of the above described parcel, being the intersection of the centerline of McLean Boulevard with the South line of the said Northeast Quarter of the Northwest Quarter; thence North 83 degrees 55 minutes 14 seconds East , along the said South line, 33 . 10 feet to the East right of way line of McLean Boulevard per Document No. 360847; thence Northerly, along the said right of way line, being along a curve to the right having a radius of 34 , 344 . 50 feet and a chord bearing of North 01 degrees 11 minutes 00 seconds West, 505 . 57 feet to the North line of the above described property (being the South line of the North 10 acres) ; thence North 83 degrees 55 minutes 14 seconds East, along said North line, 12 . 05 feet to a line that is 45 . 0 feet Easterly of and parallel with the centerline of McLean Boulevard for the Point of Beginning; thence continuing North 83 degrees 55 minutes 14 seconds East, 5 . 02 feet to a line that is 50 . 0 feet Easterly of and parallel with the said centerline; thence Southerly, along said parallel line, being along a curve to the left having a radius of 34 , 327 . 50 feet and a chord bearing of South 00 degrees 56 minutes 43 seconds East, 223 . 32 feet ; thence South 88 degrees 52 minutes 06 seconds West, 5 . 0 feet to a line that is 45 . 0 feet Easterly of and parallel with the same centerline; thence Northerly, along said parallel line, being along a curve to the right having a radius of 34 , 332 . 50 feet and a chord bearing of North 00 degrees 56 minutes 43 seconds West , 222 . 88 feet to the Point of Beginning. Said parcel containing 0 . 026 acre more or less . -6- 2002 082828 �o