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Home My WebLink About02-222 Recorded Resolution No. 02-222 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER LINE AND WATER MAIN IMPROVEMENTS FOR THE BOWES ROAD INTERCEPTOR SEWER (Illinois Hydraulic Construction Company) 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 Illinois Hydraulic Construction Company, 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 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 Vote : Yeas : 5 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk eit,b(nef r( IC flak Lo8'5 FILED FOR RECO . ?3 ri 145 2002 )( 080770 AzirAct4E° (1,RECCRDER Wki3 - EASEMENT AGREEMENT BETWEEN THE CITY OF ELGIN AND ILLINOIS HYDRAULIC CONSTRUCTION COMPANY r\ 4.) After recording return to: Dolonna Mecum Elgin City Clerk 150 Dexter Court Elgin, IL 60120 200A08077 ° RAGREE/EASEMENT. IH DRAFT 10/24/01 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this ,2(ST day of S U N c , 2002 , by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City" ) , and Illinois Hydraulic Construction Company, a Delaware Corporation, authorized to do business in the State of Illinois (hereinafter referred to as the "Grantor" ) . WITNESSETH WHEREAS, Grantor owns the real property legally described on the plat of easement prepared by Barrington Engineering Consultants, Ltd. , dated January 11, 2001 , revised October 17, 2001 , attached hereto as Exhibit A, in Kane County, Illinois; and WHEREAS, the City of Elgin desires to obtain a temporary construction easement from Grantor for the purpose of constructing and installing sanitary sewer line and water main improvements over a portion of certain property which is adjacent to the property owned by Grantor; and WHEREAS, Grantor has agreed to grant such a temporary construction easement 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 2)O2 0807 3 0 RAGREE/EASEMENT. IH DRAFT 10/24/01 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this day of , 2001, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City" ) , and Illinois Hydraulic Construction Company, a Delaware Corporation, authorized to do business in the State of Illinois (hereinafter referred to as the "Grantor" ) . WITNESSETH WHEREAS, Grantor owns the real property legally described on the plat of easement prepared by Barrington Engineering Consultants, Ltd. , dated January 11 , 2001, revised October 17, 2001, attached hereto as Exhibit A, in Kane County, Illinois; and WHEREAS, the City of Elgin desires to obtain a temporary construction easement from Grantor for the purpose of constructing and installing sanitary sewer line and water main improvements over a portion of certain property which is adjacent to the property owned by Grantor; and WHEREAS, Grantor has agreed to grant such a temporary construction easement 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 2002 E 8 0 7 7 0 valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 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 described thereon as the "50 foot temporary construction easement" (hereinafter referred to 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 sanitary sewer and water main improvements over a portion of certain property which is adjacent to the property owned by Grantor. 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 on the adjacent property but in any event shall automatically expire eighteen (18) months following the commencement of the original construction of the sanitary sewer line and water main improvements on the adjacent property. 2 . 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 Temporary Construction Easement Premises and surrounding premises of Grantor free from debris . 200 90770 -2- L� • 3 . 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 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 . 4 . 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 . 5 . That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 6 . 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 . notoo -35 7 . That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois . 8 . That it is understood and agreed that the City may utilize the services of third party contractors, employees or other agents to perform work on either the adjacent property or the Temporary Construction Easement Premises . 9 . 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. 10 . That this agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 11 . 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 ILLINOIS HYDRAULIC CONSTRUCTION municipal corporation COMPANY, a Delaware Corporation 1 By 'r1(;4( By ayor Attest : Attes : ,, X2V41_7t thr12-444 Ci y Clerk 20021c 0 8O 7 7 0-4- • 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 for the uses and purposes therein set forth. Gi en under my hand an official seal, this 4,1-t day ofaAtg , 2002 . ,6if(ZNotar Pubic As. Rs Att.Aft 441/4 .4164A..A.410. I IL.w� a OFFICIAL SEAL STATE OF ILLINOIS ) . SUELLYN LOSCH SS . 4 NOTARY PUBLIC, STATE OF ILLINOIS 0, COUNTY OF K AN E ) MY Cpmmlatilkn gxpirot Oct. 27, 2002 V l'� w �440r ,qr it r�u' nay` ocr 'Q ' I , the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Thomas S. Rakow President , and are 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 for the uses and purposes therein set forth. Give under my hand an official seal , this 3/ day of 1)/et.q , 2002 . 9 , N'LLf Nota y Public , This Instrument Prepared by AL SEAL and Return to : ': L OHLFEST William A. Cogley r .TEOFILuNOIS City of Elgin =','N f' ES:05/12/03 Legal Department 150 Dexter Court Elgin IL 60120-5555 2002 0 8 TO • E ` I L ' , �g�I 11 trte G `I: {II tart 1111 June 7, 2002 N 'tttr FINANCIALLY STABLE CITY GOVERNMENT EFFICIENT SERVICES. TO: Mayor and Members of the City Council AND QUALITY INFRASTRUCTURE FROM: Olufemi Folarin, Interim City Manager SUBJECT: Easement Agreement between the City of Elgin and the Illinois Hydraulic Construction Company (IHC) , Thomas S . Rakow (TSR) and the Elgin Mental Health Center (EMHC) for Bowes Road Interceptor Sewer PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider approving the subject easement agreements needed for construction of the Bowes Rd. Interceptor Sewer-Phase 1B-Section B (BRIS-1B-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 . The final two subject easements will allow Section B to be bid in July 2002 , with an anticipated completion in mid 2003 . The easement agreement with IHC and TSR is for a 50-ft . temporary construction easement . The easements are needed to provide sufficient work area to install the sanitary sewer main on the adjacent EMHC property. The easement agreement with EMHC is for a 30-ft . permanent easement and 15-ft . and 50-ft . temporary construction easement . A copy of the subject easement agreements are attached as Exhibit A (IHC) , Exhibit B (TSR) and Exhibit C (EMHC) . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The only direct costs for the subject easement agreements will be the associated recording fees which are estimated to be less than Agrmnt between COE, IHC and EMHC June 7, 2002 Page 2 $300 . In order to secure the EMHC easements, new landscaping will need to be installed within the work zone . It is estimated that the landscape items will cost $25, 000 . This cost will be bid as part of the overall project . There are sufficient funds available in the BRIS-1B construction budget to pay the recording fees . This project (#339593) has a total budget of $5 . 91 million dollars, with $4 , 271, 620 still available . These expenses will be charged to account number 380-4200-795 . 92-41 ($2 . 53 million budget, $1, 439, 200 still available) . LEGAL IMPACT None . ALTERNATIVES 1 . Approve the subject easement agreements . 2 . Do not approve the agreements . An alternate route for the interceptor sewer would then need to be secured. RECOMMENDATION It is recommended that the City Council authorize the Easement Agreements with the Illinois Hydraulic Construction Corporation, Thomas S . Rakow and the Elgin Mental Health Center for the Bowes Road Interceptor Sewer. Respectfully submitted, Olufemi Folarin Interim City Manager SP:do Attachments