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HomeMy WebLinkAbout02-271 Recorded • Resolution No. 02-271 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT FOR STORM SEWER PURPOSES FROM PAUL ROSEN (510 Willard Avenue) 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 for storm sewer purposes from Paul Rosen 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 Cook 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 0020D9 41.26 7 . 0. li• ''.1 4 ••••• • • • • i • . • .. .„. 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Cogley City of Elgin ExHIBIT Legal Department 150 Dexter Court Elgin IL 60120-5555 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this 7 day of __, 2002 , by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City" ) , and Paul Rosen (hereinafter referred to as the "Grantor" ) . WITNESSETH WHEREAS, Grantor owns the real property legally described on the plat of easement prepared by Landmark Engineering Group, Inc . , Job Number 01-374 , attached hereto as Exhibit A, in Cook County, Illinois; and WHEREAS, the City of Elgin desires to obtain an easement from Grantor for the purpose of installing, constructing, operating, using, maintaining, locating, upgrading, repairing, replacing or removing sanitary sewer lines and storm sewer lines over a portion of the property owned by Grantor; and WHEREAS, Grantor has agreed to grant such an easement for such purposes pursuant to the terms and conditions of this easement agreement . PIN: 06-19-113-071 NOW, THEREFORE, for and in consideration of 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 : 1 . That Grantor, being the owner of the property referenced herein, does hereby grant to the City of Elgin, an Illinois municipal corporation, a permanent and exclusive easement to install , construct, operate, use, maintain, locate, upgrade, repair, service, remove or replace sanitary sewer lines and storm sewer lines, and other appurtenances relating to sanitary sewer lines and storm sewer lines in that parcel of land located on the property of the Grantor, and legally described in Exhibit A attached hereto (hereinafter referred to as the "Easement Premises" ) . 2 . That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the Easement Premises to the same condition as existed immediately prior to the existence of such rights as is reasonably practicable and shall leave the Easement Premises and surrounding premises free from debris . 3 . That the City for itself, its agents and independent contractors, hereby agrees to indemnify and hold CD Grantor and its successors harmless from third party claims for personal injuries or property damage arising directly as a il AD result of the City' s work in the Easement Premises during construction or during any subsequent maintenance or repair y3,0 L thereof . The City further agrees to indemnify and hold -2- i• harmless Grantor from any and all liens placed against the Easement Premises arising from said construction activities . 4 . That the Grantor and their successors shall not construct any structures or buildings nor plant any trees on the Easement Premises nor undertake any other activities on the Easement Premises which unreasonably interfere with the City' s intended use of the 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 in either the Easement Premises . �J 9 . That the Grantor hereby represents and warrantsCD to the City that it is the fee simple title holder of the ND 44. Easement Premises premises and that he has the full power andCK R..+. t•.;1 6J lL7 C.l r•, -3- • , 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 Cook 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 PAUL ROSEN municipal corporation By Mayor Attest : M1�v4/ 'C City Clerk 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, and Dolonna Mecum, City Clerk, 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 CD instrument as their free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal , this R7 .( %a) day of AV G , 2002 . f ‘46/.11.1- No ary Pu is �a•. ca dde� �► rnAt�,,ekirk Aks , f OFFICIAL SEAL SUELLYN LOSCH �• NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires Oct. 27, 2002 , -4- . STATE OF ILLINOIS ) SS . COUNTY OF KANE ) I , the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Paul Rosen 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 I17-0 day of Ju nt , 2002 . , 1 "OFFICIAL SEAL" '4 Notary P b l i c Jennifer Garcia I/ hi I., Notary Public,State of Illinois r, tAv commission Expire!,�7t2712 ti,iiii. pal g ii D U f.,} 0 ..... .... 44, ....... J\) v, r., r; -5- K,.