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Home My WebLink About02-240 Recorded Resolution No. 02-240 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT FROM JAYNE SHOVER EASTER SEAL REHABILITATION CENTER, INC. 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 Jayne Shover Easter Seal Rehabilitation Center, Inc. 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 26, 2002 Adopted: June 26, 2002 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk June 23 , 2002 MEMORANDUM TO: Loni Mecum, City Clerk FROM: William A. Cogley, Corporation Counsel SUBJECT: Easement Agreements Regarding South McLean Widening Project Attached for the city clerk' s files find the original recorded easement agreements with Elgin Lodge No. 799 Loyal Order of Moose and Jayne Shover Easter Seal Rehabilitation Center, Inc . in connection with the above matter. WAC mg Attachment FILED FOR RECORD 145 RAGREE/EASEMENT. 799 2 0 0 2 1< 0 8 2 8 2 9 r s4' ` ' 0. DRAFT 5/21/02 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this 34 day of , 2002 , by and between the City of Elgin, an Ill ' ois municipal corporation, (hereinafter referred to as the "City" ) , and JAYNE SHOVER EASTER SEAL REHABILITATION CENTER, INC. , 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 60. WHEREAS, the City desires to obtain a Temporary Construction Easement from Grantor over the Temporary N Construction Easement Premises relating to the construction 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 (Y90 200U fj82829 ,)o 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, 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 and for the purpose of constructing a drive approach, curbs and pavement . The Temporary Construction Easement hereby granted shall automatically expire thirty-six (36) 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 2002 082829 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 . 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- 2002 ti82829 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 JAYNE SHOVER EASTER SEAL municipal corporation REHABILITATION CENTER, INC. , an Illinois not-for-profit corporation 104 By / By 26,6,pa,„___, ayor Becky Dn, President Attest : Attest : City Clerk (i -4- 2002 Ki. 82829 . . . , . STATE OF ILLINOIS ) ) SS . - COUNTY OFKANE ) 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. riven under my hand an official seal , this c3t4/ day of a cr , 2002 . / Notary Publ it 1 STATE OF ILLINOIS ) .; NOTARY PUBLIC, STATE OF ILLINOIS 0, 4kS U8EFF1:1 LYI A NI:kLSEALS C HAdb'jb ) SS . COUNTY OFKANE ) `; y..4vC o;m.,.i s ssvi o n,,,E_x,pyi r„....,e s Oct.w7, 2002, I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Becky Dausman, President, 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 she signed and delivered the said instrument as her free and voluntary act of the uses and purposes therein set forth. i Given under my hand an official seal , this day of f,44.1,./ , 2002 . 1 i 9NJ ( (1Y / ( ef ) , ' )11E_ Notary Public This Instrument Prepared by and Return to After cording to: William A. Cogley City of Elgin i "OFFICIAL SEAL" Legal Department3s / LINDA A. ODELL , 150 Dexter Court •• Notary Public,State of Illinois y Elgin IL 60120-5555 My Commission Expires 05/31/05 Yy -5- 8 2 _.--- 200z I) 8 2 9 .. ._ EXHIBIT A The East 15 . 0 feet of the West 60 . 0 feet of the Northeast Quarter of the Northwest Quarter of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois, lying North of the South 891 . 0 feet thereof and lying East of the centerline of McLean Bouelvard. Said parcel contains 0 . 147 acre more or less . -6- 2002 x. 82829 (,�