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Home My WebLink About02-272 Recorded Resolution No. 02-272 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT FOR SANITARY SEWER PURPOSES FROM SAFETY KLEEN SYSTEMS, INC. (Sheldon Drive) 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 sanitary sewer purposes from Safety Kleen Systems, Inc . for the property legally described on Exhibits A and B, 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 ea 3 INDEMNIFICATION AND HOLD HARMLESS / This Indemnification and Hold Harmless is given this /7H, day of Vake- 2002, upon due authority, by the undersigned Superintendent of Schools of School District U-46, Kane, Cook and DuPage Counties, Illinois (the "School District").in favor of the City of Elgin (the"City"), its successors and assigns. WHEREAS, the School has entered into an agreement attached hereto as Exhibit A (the "Easement Agreement") with Safety-Kleen, Inc. ("Safety-Kleen"), the owner of certain property located within the corporate boundaries of the City of Elgin and further described on Exhibit A (the "Easement Property"), pursuant to which Easement Agreement Safety Kleen has agreed to grant a temporary easement to the City for the construction, maintenance and operation of sewer and/or water facilities (the"Facilities"); and WHEREAS, under the terms of the Easement Agreement, Safety-Kleen has further agreed to grant a permanent easement to the City for the maintenance and operation of the Facilities pursuant to the terms of a permanent easement agreement to be entered into between the City and Safety-Kleen(the"Permanent Easement"); and WHEREAS, the School District has agreed to construct, or cause to be constructed, the Facilities upon the Easement Property and to carry out all required restoration of the Easement Property pursuant to Section 3 of the Permanent Easement; and WHEREAS, as consideration for the City's execution of the Permanent Easement upon the terms and conditions set forth therein, the School District intends to assume responsibility for and/or indemnify the City against all claims, losses or damages resulting from or arising in connection with the construction of the Facilities; NOW THEREFORE, the School District does hereby agree to indemnify, defend and hold harmless the City of Elgin, its Mayor and City Council members, officers and employees, from against any and all loss, damage, claims, suits, demands or judgments arising out of or in connection with the construction, maintenance or operation of the Facilities upon the Easement Property or the restoration of the Easement Property subsequent to such construction, maintenance or operations, or as a result of the City's indemnification obligations with respect to such construction and restoration under Paragraph 4 of the Permanent Easement. This indemnification shall not extend to the City's independent acts or omissions of the City or its employees upon the Easement Property. The School District does further agree that the City shall be named as an additional insured on the School District's insurance for the construction of the Facilities. In addition, the costs of recordation required under Paragraph 11 of the Permanent Easement shall be borne by the School District. SCHOOL DIST 6 I ' By: Superi ndent 192037.1 it J ` 0020 1 4I . Prepared by and after ?r9ftE# 1 .� �£r,_ u;. 3e �, recording return to: i�Qi_��_la ��_ ��• ' 4polonna Mecum '24 ' 1�' ��r'tt' Cnurst; ��eCGi=��Y Elgin City Clerk 62.00 150 Dexter Court Elgin, IL 60120 KTTAciiED PIN: 06-20- 292-022 AfflbIT EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this g'ri -day off, 2002, by and between the City of Elgin, an Illinois municipal corporation,(hereinafter referred to as the"City"), and the BOARD OF EDUCATION OF SCHOOL DISTRICT U-46,KANE,COOK AND DUPAGE COUNTIES, ILLINOIS (hereinafter referred to as the"Grantor"). WITNESSETH WHEREAS, Grantor owns the real property legally described on the Plat of Easement prepared by W-T Land Surveying.Inc,dated June 5 ,2002,attached hereto as Exhibit A, in the City of Elgin, Cook County, Illinois (the"Grantor's Parcel"); and WHEREAS, the City of Elgin desires to obtain easements from Grantor for the purpose of operating,using,maintaining, locating,upgrading,repairing,replacing or removing sanitary sewer lines and other appurtenances related thereto over a portion or portions of the Grantor's Parcel; and WHEREAS, Grantor has agreed to grant such easements for such purposes pursuant to the terms and conditions of this Easement Agreement. 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. Permanent Sewer Easement. That Grantor,being the owner of the Grantor's Parcel referenced herein, does hereby grant to the City of Elgin, an Illinois municipal corporation (the "City"), a permanent and exclusive easement (the "Sewer Easement") to operate, use, maintain, • locate, upgrade, repair, service, remove, or replace sanitary sewer lines, and other appurtenances relating to sanitary sewer lines, in, upon, and under those portions of the Grantor's Parcel legally described on the Plat of Easement attached hereto and made a part hereof as Exhibit A. (the "Easement Premises"). 2. Restoration of Easement Premises. That following the exercise by the City of any easement rights granted herein,the City, shall promptly repair and restore the Easement 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. Indemnification. That the City for itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor and its successors harmless from any and all claims for personal injuries or property damage (except claims of Grantor) arising directly as a result of the City's work or other activities in the Easement Premises pursuant to this Agreement. The City further agrees to indemnify and hold harmless Grantor from any and all liens placed against the Easement Premises arising from said activities. 4. Restrictions: Reservations. That the Grantor and Grantor's successors shall not construct any buildings 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. Amendment. That no amendment,revision,or modification hereof shall be effective 0 unless it is in writing and signed by all parties hereto. °--� 1-1 6. Entire Agreement. That this Easement Agreement constitutes the entire agreement between the parties and is intended as a complete and exclusive statement of the terms of the parties' 11 ,4 101 Safety Kleen ro 1929102 ra ry r;r. • 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. Applicable Law. That this Easement Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 8. Contractors. 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 the Easement Premises. 9. Warranty of Title. That the Grantor hereby represents and warrants to the City that it is the fee simple title holder of the Easement Premises and that it has the full power and authority to enter into and make the grant of easement as provided herein. 10. Binding. That this Easement Agreement shall be binding on the parties hereto,their successors and permitted assigns and shall run with the land. 11. Recording. That this Easement Agreement shall be recorded by the City at the City's cost with the Cook County Recorder. 12. Joint Preparation. This Easement Agreement is and shall be deemed and construed to be the joint and collective work product of the Grantor and the City and, as such, this Easement Agreement shall not be construed against either party,as the otherwise purported drafter of same,by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity,vagueness,or C' conflict, if any, in the terms or provisions contained herein. �--� C' 13. Release of Easement. The City may terminate this instrument by recording a release �. in recordable form with directions for delivery of same,whereupon all rights, duties, and liabilities 3 IAA Safety Kleen u=' 1929102 C.J r:7 hereby created shall cease and be of no further force or effect. In the event of discontinuance by the City of the use of the Easement Premises for the purposes granted herein and the failure of the City to reinstate such use within ten (10) years of the initial discontinuance thereof, the City shall terminate this instrument by recording a release in recordable form with directions for delivery of same, whereupon all rights, duties, and liabilities hereby created shall cease and be of no further force or effect. For convenience, such instrument may run in favor of"the owner or owners and parties interested in the Grantees Parcel." 14. Expiration of Easement. This Agreement and the rights granted to the City hereunder shall expire automatically in the event the construction of the sanitary sewer contemplated in Paragraph 1 of this Agreement has not been initiated within ten (10) years after the date hereof. 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 BOARD OF EDUCATION OF SCHOOL Municipal Corporation DISTRICT U-46, Kane, Cook and DuPage CL ties, Illinoi A By. M or Pr 'dent Attest: h4A-QC,tt-•-- Attest: City Clerk Secretary I cn 4 -0 Safety Kleen 'i' 1929102 ri STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I,the undersigned, a Notary Public,in and for said County, in the State aforesaid,do hereby certify ED Scff oc,k ,Mayor,and OoL.o Al Ni 4 AA Ecimi,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 instrument as their free and voluntary act for the uses and purposes herein set forth. Given under my hand an official seal, this PT if day of 4 U G , 2002. Sglif erx , ,fe-t...) Notary Pi lic OFFICIAL SEAL I► 9 STATE OF ILLINOIS ) SUELLYN LOSCH ' NOTARY PUBLIC, STATE OF ILLINOIS 6 ) SS. ; My Commission Expires Oct. 27, 2002 COUNTY OF KANE I,the undersigned, a Notary Public,in and for said County,in the State aforesaid,do hereby certify 4e - Lk' Fou,7TA/,v ,President of the Board of Education of School District U-46, and /P,cfia,,d Az!"ko� , 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 instrument as their free and voluntary act for the uses and purposes herein set forth. Given under my hand an offi seal, this /1 day of 9cialan_b , 2002. itilt-iA.. �f OFFICIAL SEAL Notary Publi�J DEBRA A KARGER NOTARY PUBLIC,STATE OF ILLINOIS my cots9Ar'I,SION FXPIIFES:10/2B/03 istiSI KIII\ lia 1,1 „I to 0 No ,,, N-+ N' 5 cn Safety Kleen 1 1929102 ucm v n ra "h. Cr, r:' ,F,/ti,e6:2,,,,- a.) • } V/ ' ..r.jil ,' . . ' - . ..)E. :::: . .......... - - =_: HED .. . ATTAC TO b 0 ,. .0. , ,. . . OH . . • .11 R.site. ./ _ ...__..__._. _ . _ _ i _ . ., _. __ _ . • ) • SEE PLAT BOOK1 : • . . . . .. • . . . . . . •J ' ir. . . . • ,