The URL can be used to link to this page

Home My WebLink About02-223 Recorded Resolution No. 02-223 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER LINE AND WATER MAIN IMPROVEMENTS FOR THE BOWES ROAD INTERCEPTOR SEWER (Thomas S . Rakow) 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 Thomas S . Rakow, 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 c(09t t'6 FILED FOR :.iii 2002K080769 7 a 43' ! 29 vi 45 MAP ATTACHED RECORDER EASEMENT AGREEMENT BETWEEN THE CITY OF ELGIN AND THOMAS S. RAKOW u N%`'d After recording return to: Dolonna Mecum Elgin City Clerk 150 Dexter Court Elgin, IL 60120 (..1) 20U2kc060769 �� RAGREE/EASEMENT.TR DRAFT 10/24/01 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this Q ISTday of 3-0 AJ , 2002 , by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City" ) , and Thomas S . Rakow (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 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 : 2002 06076 °' 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 . 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 -2- 2oo2 tO8a769 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 . 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 THOMAS S . RAKOW municipal corporation By �%� By ` Mayor Attest : Attest : PLeCA-41, — .r-E Ci y Clerk -4- 2002 , ;080760 4- 2 2 , U80760 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. Given under my hand an official seal, this day of , 2002 . cl ; r� ism Notary '\Publit OFFICIAL SEAL SUELLYN LOSCH STATE OF ILLINOIS ) NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires Oct. 27, 2002 ) S S . ; a�,,•r,. 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 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. Given under my hand an official seal , this 3/ day of ci),%�{( 2002 . l'c,Ab/ Notary, Pu lisp • ELL ' t FEST This Instrument Prepared by �_. OT ARI` `11C- r ILLIt 0'a and Return to : William A. Cogley City of Elgin Legal Department 150 Dexter Court Elgin IL 60120-5555 -5- (o