The URL can be used to link to this page

Home My WebLink About02-242 Recorded 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 . 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 ! i L: i'. j1zits .. U',..�..+ 9 6Fe .� .. 1 V;It C ��`1 C71- : n A n RAGREE/EASEMENT. 800 G 00 2 K 0 7 1 0 3 0 20)2 JUL 24 0 10: 15 DRAFT 5/22/02 EASEMENT AGREEMENT ,5 '� RECORDER THIS EASEMENT AGREEMENT made and entered into this 3. day of , 2002 , by and between the City of Elgin, an Illin is 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 00 WHEREAS, Grantor owns the real property in Kane J- County, Illinois, which is legally described on Exhibit A r attached hereto (hereinafter referred to as the "Temporary 3 -7 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 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 (i)tc is hereby acknowledged, the parties hereto agree as follows : / Exhibit B y 1`116414 j Vf: 4.c '', a 0-0 F ' • 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 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 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 . -3- • 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 By , 4E4 r - By Air/ ayor Attest : Attest : Al-fi"71"'"C_ /11J1-CLI"--- City Clerk -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 of the uses and purposes therein set forth. 2 iven under my hand an official seal , this c Aci day of �� , 2002 . CS- u r Notary Public sAw.�w,.w,.®w..a.w.w,,.t. a OFFICIAL SEAL 4 SUELLYN LOSCH STATE OF ILLINOIS ) / NOTARY PUBLIC, STATE OF ILLINOIS SS . My Commission Expires Oct. 27, 2002 %COUNTY OF K A N E I , the undersigned, a Notary Public, in and for said Count , 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 l� day of ' fe-4.� , 2002 . N.INP ub This Instrument Prepared by and Return to After Recording to : William A. Cogley Sej City of Elgin Legal Department 150 Dexter Court ,fifv" clP,.�PJ Elgin IL 60120-5555 '� (.! L F.., 5�4 7 3 2,66 -5- Exhibit A Parcel One: That part 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, described as follows; Commencing at the northwest corner -of said Northwest Quarter; thence on an assumed bearing of North 83 degrees 58 minutes 50 seconds East, along the north line of said Northwest Quarter, 1868 . 15 feet to the westerly right-of-way line of McLean Boulevard, according to the Plat of Dedication recorded as - Document No. 1926240, said point being the point of beginning; thence southerly, 232 . 95 feet along said right-of-way line, being a curve to the left, having a radius of 34 , 427 . 50 feet and a chord bearing South 00 degrees 23 minutes 27 seconds West, 232 . 95 feet; thence South 45 degrees 00 minutes 15 seconds West, 35 .46 feet; thence northerly, 255 . 39 feet along a curve to the right, having a radius of 34 , 452 . 50 feet and a chord bearing North 00 degrees 22 minutes 03 seconds East, 255. 39 feet to the north line of the Northwest Quarter of Section 27 ; thence * North 83 degrees 58 minutes 50 seconds East, 25 . 17 feet along said north line of the Northwest Quarter of Section 27 to the point of beginning. Said parcel contains 0 . 140 acres, more or less . 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. 1926240; 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. 2M2K091090