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Home My WebLink About02-270 Resolution No. 02-270 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO RELEASE A PORTION OF A CONSTRUCTION EASEMENT WITH BENJAMIN BUILDERS, INC. 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 Agreement to Release a Portion of a Construction Easement for sanitary sewer purposes with Benjamin Builders, Inc . 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 Agreement to Release a Portion of a Construction Easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois . s/ Ed Schock Ed Schock, Mayor Presented: July 24 , 2002 Adopted: July 24 , 2002 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk 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. 02-270 PASSED: JULY 24, 2002 SUBJECT: AGREEMENT WITH BENJAMIN BUILDERS, INC. TO RELEASE A PORTION OF A CONSTRUCTION EASEMENT FOR.SANITARY SEWER PURPOSES r :- SPEED ME�SS1GE�� R .TO FROM -� r-2No cis f} s $X1t � r �x:tc wvt As F;,. t FI Nam 3 *gyp s ,U.—U C '7Y. DATE -71 . � r CdC M • - - . 3 e _ J s< i _ V {f� SIGNED -) c ;,wvilsonJOnese-- WHITE—ORIGINAL: . CANARY—DUPLICATE 44-900•Duplicate i This Instrument Prepared by and Mail to After Recording: William J. Mitchell Meltzer, Purtill & Stelle LLC 1515 East Woodfield Road Second Floor Schaumburg, IL 60173-5431 AGREEMENT TO RELEASE A PORTION OF A CONSTRUCTION EASEMENT This Agreement to Release a Portion of a Construction Easement is made and entered into by and between BENJAMIN BUILDERS, INC., an Illinois corporation (hereinafter "Benjamin") and the CITY OF ELGIN, an Illinois municipal corporation ("City") as of bdV4--Urp, S, 2002 ("Date Hereof'). RECITALS WHEREAS, a certain `Basement Grant" dated March 21, 1991 was made in favor of the Fox River Water Reclamation District ("FRWRD") and recorded with the Kane County Recorder on May 2, 1991 as Document No. 91K21584, as amended by Certificate of Correction recorded on January 2, 1992, as Document No. 92K0046, against certain real property legally described in the Easement Grant ("Easement Area"); and WHEREAS, the Easement Grant encumbered the Easement Area with a permanent sanitary sewer easement ("Permanent Easement"); and WHEREAS, the Easement Grant further provided in Section FOURTH(g) for an additional Construction Easement adjacent to the Permanent Easement ("Construction Easement"); and WHEREAS, the Easement Grant was assigned by the FRWRD to the City pursuant to a certain Assignment of Easement Grant recorded with the Kane County Recorder as Document No. 2001K034489; and WHEREAS,Benjamin Builders, Inc. desires that a portion of the Construction Easement provided for in Section FOURTH(g) of the Easement Grant be removed from record and has assured the City of Elgin that it shall complete all final grading, landscaping and restoration of the property within the portion of the Construction Easement proposed to be released at its sole expense; and it WHEREAS, as of the Date Hereof, the construction of the Sanitary Sewer in the Permanent Easement adjacent to the portion of the Construction Easement proposed to be released has been completed and the portion of Construction Easement proposed to be released is no longer necessary. 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: 1. The City hereby releases the portion of the Construction Easement established in Section FOURTH(g) of the Easement Grant, but not including any portion of the Permanent Easement, which encumbers the real property legally described in Exhibit A hereto. 2. Benjamin agrees to and shall complete at its sole expense all final grading, landscaping and restoration of the above portion of the Construction Easement legally described in Exhibit A hereto. To the fullest extent permitted by law Benjamin further agrees to and does hereby waive, release, indemnify and hold harmless the City, its officers, employees, agents, contractors, boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief in any way resulting from or arising out of the City's use of the Construction Easement. 3. To the fullest extent permitted by law Benjamin agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, agents, boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the Benjamin in connection herewith, including negligence or omissions of employees or agents of the Benjamin arising out of the performance of this Agreement. In the event of any action against the City, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the City's choosing 4. It is further stated, agreed and understood that this Release of a portion of Construction Easement shall not affect, alter, release or abrogate in any fashion the Permanent Easement in the Easement Grant dated March 21, 1991, recorded with the Kane County Recorder on May 2, 1991, as Document No. 91K21584, as amended by Certificate of Correction recorded on January 2, 1992, as Document No. 92K0046, and assigned to the City of Elgin in the Assignment of Easement Grant dated April 9, 2001, recorded on April 17,2001, as Document No. 2001K034489. 2 I i 5. This Agreement shall be recorded with the Kane County Recorder at the sole expense of Benjamin. CITY OF ELGIN BY fz Mayor Attest: &" City Clerk STATE OF ILLINOIS ) ss. COUNTY OF K A N E ) I, S a Notary Public in and for the State of Illinois,and the county aforem ntioned to hereby certify that Ed Schock, Mayor, and Dolonna Mecum, City Clerk of the City of Elgin'("Ciff") are personally known to me to be the same persons whose names are subscribed to this Release of Construction Easement ("Release") as such Mayor and City Clerk, respectively, appeared before me this day in person and acknowledged that they signed and delivered this Release as their free.and voluntary act and as the free and voluntary act of the City, for the uses and purposes therein set forth. L4RGiven under my hand and Notarial Seal this�(�day of �°2-002. Not Public My Commission Expires: /p—a 7 —2a a �`Q OFFICIAL SEAL d SUELLYN LOSCH p FAL.egal Dept\Agreement\EasementFRWRD-DBL.wpd 4 NOTARY PUBLIC, STATE OF ILLINOIS A My Commission Expires Oct. 27, 2002 3 EXHIBIT A AN 80.00 FOOT TEMPORARY CONSTRUCTION EASEMENT FOR SANITARY SEWER PURPOSES OVER, UNDER AND ACROSS THE FOLLOWING DESCRIBED PROPERTY: SAID TEMPORARY CONSTRUCTION EASEMENTS BEING 80.00 FEET WEST OF THE EAST PROPERTY LINE, EXTENDING TO THE EAST PROPERTY LINE OF LOT 416, 417, 418, 419, 420, 421, & 422 IN HEARTLAND MEADOWS UNIT 6, BEING A SUBDIVISION IN THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 7, 1994 AS DOCUMENT NUMBER 94K082668, IN THE VILLAGE OF SOUTH ELGIN, KANE COUNTY, ILLINOIS. 4 I City of Elgin Agenda Item No. say z July 5, 2002 TO: Mayor and Members of the City Council ECONOMIC GROWTH FROM: Olufemi Folarin, Interim City Manager SUBJECT: Release of Construction Easement for Benjamin Builders PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider approving an agreement to release a temporary construction easement on property owned by Benjamin Builders . BACKGROUND • In order to construct the Bowes Road Interceptor Sewer-Phase 1B (BRIS--1B) , a permanent easement and temporary construction easement were granted on property currently owned by Benjamin Builders. The section of the BRIS-1B that falls within these easements has been completed. Benjamin Builders has requested that the City release the temporary construction easements . Typically, when the City enters into temporary construction easement agreements a provision is included in the agreement ' language for a expiration date . Because this language was not included in the original easement agreement, technically the temporary easement would always remain in force on the property. Benjamin Builders has indicated that this makes it difficult to sell homes being constructed on the property because lenders are hesitant to provide home loans to prospective purchasers if temporary easements are in place. Because this section of the BRIS has been completed, the City no longer needs the temporary construction easements . Therefore the temporary easements can be released. A copy of the agreement to release the temporary construction easements is attached as Exhibit A. t . Release of Constr. Easement July 5, 2002 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT None to the City. Benjamin Builders will be responsible to get the agreement recorded and pay any associated costs. VVL GAL IMPACT None . ALTERNATIVES 1 . Approve the subject agreement . 2 . Do not approve the agreement . RECOMMENDATION • It is recommended that the City Council authorize the subject agreement with Benjamin Builders . Respectfully submitted, Olufemi Fo arin Interi y Manager SP:do Attachment • 1