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Home My WebLink About02-242 JULY, 2007 IN REVIEWING THIS FILE, IT WAS DETERMINED THAT AN EXECUTED COPY OF THE AGREEMENT LISTED BELOW WAS NEVER RETURNED TO THE CLERK'S OFFICE. ALL THAT IS AVAILABLE IS THE ATTACHED DRAFT COPY OF THE AGREEMENT AND ITS SUPPORTING PAPERWORK. REFERENCE: RESOLUTION NO. 02-242 PASSED: JUNE 26, 2002 SUBJECT: AGREEMENT WITH JILCAR DEVELOPMENT, L.L.C. FOR THE SOUTH MCLEAN BOULEVARD IMPROVEMENT PROJECT brttu lilltbbl3/41lit TO FROM _..." , 1 ' .i :, \ / ziz' Zii A, ,.. .1,7 ;;C 4---''' , . . . . SUBJECT / (\ e -.~ i A e L.__e ra, 4,21.1-ec..-/:' /-"(-AQ'''S2-(":4-' DATE ',._;.-7-%,--(: _1 —2-C) o ?_ , -1 i , ,..1. . , , ., ., .-.;... ,. , ... -- , 'z „, , „.. ,,..” i PIC 'Il : - --- --,,,, % , 1 -.„.. ._ 4, 47 , ,...,....,.._<:,_....,.(, 4iyera.7.1., . -rr—o—e--,_ . g \--Al • c ez,--,-L- ,..) ...1.--c,',....47 ,...9-,--,,,,a- / .,,, .- 0') , ,.; ',i, ; j 1f f2 ( 7-7?-;-- -.AC-c-k/ 4 ,.. '-',, .A._,....,•.'' ....±.--..--—1 ri - / ,/ 1 tp• ..., is __„ •Z - , .,.., ( _ f!..1/ ,,-....(2-•- -. — _ '4 • tia. t ; 9 .:e: '0\--,-(i' 17/-4 2.ti2'..a.: ,, ),----a..4-,7:73 //e.0.i5r.--Lf ,........: ..._ C y . ‘1,, • ,.4--1 (; ,I , . f-•er.•,_1- , SIGNED ,,-..--, 1„,_";)•'i INWflsonjones® WHITE—ORIGINAL CANARY—DUPLICATE 44-900•Duplicate Resolution No. 02-242 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT FROM JILCAR DEVELOPMENT L.L.C. 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 Jilcar Development, L.L.C. 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 . Ed Schock, Mayor Presented: June 26, 2002 elm- Adopted: Vote: Yeas Nays : Recorded: Attest : Dolonna Mecum, City Clerk r RAGREE/EASEMENT. 800 DRAFT 5/22/02 EASEMENT AGREEMENT Al) THIS EASEMENT AGREEMENT made and entered into this day of , 2002 , by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City" ) , and JILCAR DEVELOPMENT L.L.C. , an Illinois limited liability company, (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 Temporary47) Construction Easement from Grantor over the Temporary 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 : 47) Exhibit B 1 . That Grantor does hereby grant to the City a temporary construction easement for those portions 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 portions 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 eilk purpose of constructing a driveway. The Temporary Construction Easement hereby granted shall automatically expire 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 -2- 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 . 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 4111) 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 . 47) -3- (000- 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 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 JILCAR DEVELOPMENT L.L.C. , municipal corporation an Illinois limited liability company 1 By By sk Af/ Mayor Attest : Attest : City Clerk -4- 41)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. Given under my hand an official seal , this day of , 2002 . Notary Public STATE OF ILLINOIS SS . COUNTY OF K A N E I , the undersigned, a Notary Public, in and for said 4") County, in the State aforesaid, do hereby certify that , 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. Given under my hand an official seal , this day of , 2002 . Notary Public This Instrument Prepared by and Return to After Recording to : William A. Cogley City of Elgin Legal Department 150 Dexter Court Elgin IL 60120-5555 417) -5- e"- Exhibit A Parcel One : Legal description to be inserted by the attorneys for the parties . Parcel Two: That part of the Northwest Quarter of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows : Commencing at the intersection of the Southerly right of way line of College Green Drive with the Westerly right of way line of McLean Boulevard per the Plat of Dedication Document No. 1.926240; thence Southerly, along said Westerly right of way line being along a curve to the left, radius 34427 . 50 feet, chord bearing South 00 degrees 11 minutes 32 seconds East, 238 . 18 feet for the Point of Beginning; thence continuing Southerly, radius 34427 . 50 feet, along said right of way line, 40 . 00 feet ; thence South 89 degrees 34 minutes 35 seconds West, 25 . 00 feet; thence North 00 degrees 25 minutes 25 seconds West, 40 . 00 feet; thence North 89 degrees 34 minutes 35 seconds East, 25 . 00 feet to the Point of Beginning. Said parcel containing 0 . 023 acre more or less .