HomeMy WebLinkAbout02-73 Recorded Resolution No. 02-73
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT
FROM THE DAVINCI ACADEMY FOR SANITARY SEWER AND WATER MAIN PURPOSES
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 and water main purposes from The
DaVinci Academy 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: February 27, 2002
Adopted: February 27, 2002
Omnibus Vote : Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum _
Dolonna Mecum, City Clerk
FILED FOR RECORD
2002 )( 0384441 77t;,',^ 9 Pi O(i
MAP ATTACHED
EASEMENT AGREEMENT
BETWEEN
THE DaVINCI ACADEMY
AND
THE CITY OF ELGIN
After recording return to: This document prepared by
Dolonna Mecum William A. Cogley
Elgin City Clerk 150 Dexter Court
150 Dexter CourtE�� L Elgin, IL 60120
Elgin, IL 60120 �n
2002 ( 038444 C{ 1
391
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT made and entered into this STH- day of M A 12, 2001,by and
between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the"City"),
and The DaVinci Academy (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., dated November 14th, 2001, attached hereto as
Exhibit A, in Kane County, Illinois (the "Grantor's Parcel"); and
WHEREAS, the City of Elgin desires to obtain easements from Grantor for the purpose of
installing, constructing, 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. Sewer and Water 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"), permanent and exclusive(except as set forth in Paragraph 6 hereof)easements(the"Sewer
and Water Easements")to install,construct, operate,use,maintain,locate,upgrade,repair,service,
remove,or replace sanitary sewer lines and water mains, and other appurtenances relating to sanitary
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2002K038444 J-
sewer lines and water mains in, upon, and under those portions of the Grantor's Parcel labeled as
- "Sewer Easement" on Exhibit A attached hereto.
2. Water Easements. That Grantor does also hereby grant to the City permanent and
exclusive (except as set forth in Paragraph 6 hereof)easements (the"Water Easements")to install,
construct, operate, use, maintain, locate, upgrade, repair, service, remove, or replace water mains,
and other appurtenances relating thereto, upon and under those portions of the Grantor's Parcel
labeled a;"Water Easement"on Exhibit A attached hereto. (The premises burdened with the Sewer
and Water Easements and the Water Easements shall hereinafter be collectively referenced to as the
"Easement Premises").
3. Temporary Construction Easements. That Grantor does hereby further grant to the
City a temporary construction easement over that portion of Grantor's Parcel labeled as"Temporary
Construction Easement" on Exhibit A attached hereto (hereinafter referred to as the "Temporary
Construction Easement Premises") allowing access over and use of said Temporary Construction
Easement Premises for the purpose of constructing the sanitary sewer and water main improvements
on the above-described Easement Premises. The Temporary Construction Easement hereby granted
shall be deemed terminated upon the completion of the original construction of the sanitary sewer
line and water main improvements in the Easement Premises but in any event shall automatically
expire two (2) years from the date and year first written above.
4. Restoration of Easement Premises and Temporary Construction Easement Premises.
That following the exercise by the City of any easement rights granted herein, the City, shall
promptly repair and restore the Easement Premises or the Temporary Construction Easement
Premises to the same condition as existed immediately prior to the existence of such rights as is
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2oo2KO38144
reasonably practicable and shall leave the Easement Premises and the Temporary Construction
- Easement Premises and surrounding premises free from debris.
5. 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 in the Easement Premises and the Temporary Construction Easement Premises during
construction or during any subsequent maintenance or repair thereof. The City further agrees to
indemnify and hold harmless Grantor from any and all liens placed against the Easement Premises or
the Temporary Construction Easement Premises arising from said construction activities.
6. 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.
Anything contained in this Agreement to the contrary notwithstanding, it is understood that the
Grantor shall have (and hereby reserves) the right to (i) construct or otherwise install surface
improvements other than buildings, to include parking lot improvements, private or publicly
dedicated streets, bicycle and pedestrian paths, and landscaping and (ii) install utility lines over,
across, upon, and under the Easement Premises as reasonably required to service the development on
the Grantor's Parcel, provided that such is done in a manner which does not unreasonably interfere
with the City's intended use of the Easement Premises.
7. Amendment. That no amendment,revision,or modification hereof shall be effective
unless it is in writing and signed by all parties hereto.
8. Entire Agreement. That, except as set forth in the Agreement to Grant Easements
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2002K0384 44
referenced in the foregoing Paragraph 4,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
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.
9. Applicable Law. That this Easement Agreement shall be governed by and construed
in accordance with the laws of the State of Illinois.
10. 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 either the Easement Premises
or the Temporary Construction Easement Premises.
11. 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 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.
12. Binding. That this Easement Agreement shall be binding on the parties hereto,their
successors and permitted assigns and shall run with the land.
13. Recording. That this Easement Agreement shall be recorded by the City at the City's
cost with the Kane County Recorder.
14. 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
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2002 K 0 3 811 414 5
,
' conflict, if any, in the terms or provisions contained herein.
15. 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
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."
16. 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 and water mains
contemplated in Paragraphs 1 and 2 of this Agreement has not been initiated within ten (10) years
after the date hereof.
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DaVinci
2002VCO38444
' 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
Municipal Corporation
By: i e By ---
Mayor T444-0eeaW/ur 1
Print NancTP sii- C-146.
Attest: MAttest: ' ,, u „A+ T,
City Clerk
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 6L Scllcc K ,Mayor, and 0 6L oaVN4 m Ecuw•,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 of the uses and purposes herein set forth.
Given under my hand an official seal, this RTlf- day of A,4A- , 2002,
4 /' j' ')
11 f, \(fr
Notary Pt iv. ...&.s,..t...A..o.At.Am..4....®..a411.
STATE OF ILLINOIS ) OFFICIAL SEAL P
) SS. SUELLYN LOSCH
to
COUNTY OF KANE ) ; NOTARY PUBLIC, STATE OF ILLINOIS
My Commission Expires Oct. 27, 2002 l
I,the undersigned, a Notary Public,in and for said County,in the State aforesaid,do hereby
certify djbAL! (//)o , personally known to me to be Tr - ^FFtl-- of
Aa Wile ,4ea 'm j and the same person whose name is subscribe 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 of • - -'. - e_.. --- - : -- -
Znihnez ii7rn.zea 7 = -- - ••; •- • - : for the uses and purposes herein
set forth.
Given under my hand an official seal, thisJv' day of9
,rwo/ , 20042.
ii,/,,,z.,, • 25-2g/r-
OFFICIAL SEAL Notary Public
DEBRA A KARGER
NOTARY PUBLIC,STATE OF ILLINOIS
MY COMMISSION EXPIRES:10/28/0 6
''H'Vvw_ DaVinci
2002VCO38444
1
¢`�" 4��§ City of Elgin
i n Agenda Item No.
,.• :\;, E L`, ice,
°'i�L �� I
,'',�:iii r'Fri ,1 0 .
L L
February 8 , 2002
G Gini 1�u ii 01
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Nib
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TO: Mayor and Members of the City Council FINANCIALLY STABLE CITY GOVERNMENT
EFFICIENT SERVICES,
AND DUALITY INFRASTRUCTURE
FROM: Olufemi Folarin, Acting City Manager
SUBJECT: Acceptance of Sanitary Sewer and Water Main
Easements on the DaVinci Academy Property
PURPOSE
The purpose of this memorandum is to provide the Mayor and members
of the City Council with information to consider the acceptance of
a sanitary sewer and water main easement agreement .
BACKGROUND
rft. U46 is constructing a new elementary school on Hopps Road west of
Randall Road. To serve the new school with sanitary and water, new
mains must be constructed. The attached easement agreement is one
of several necessary to extend the sanitary and water mains to the
new school . Also attached is a location map.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
School District U-46 .
FINANCIAL IMPACT
164/
The cost of the easement ($10 . 00) and the recording of the easement
agreement ($20 . 00) will be charged against the Engineering
Division' s Legal Recording Fees, account number 010-3312-752 . 32-05 .
An invoice will be forwarded to the school district to recoup the
recording costs .
GAL IMPACT
Lw
None.
r
rft. DaVinci Academy Property
February 8, 2002
Page 2
ALTERNATIVES
•
The City could not obtain the easement and the water and sewer
mains not be built . That would require the school to be built with
a well and septic system or not to be built at all .
RECOMMENDATION
It is recommended that the City Council accept the easement
agreement and authorize staff to execute .
Respectfully submitted,
•
Olu emi in
Actin• it• Manager
JE :do
Attachments
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3 = WES � DAD
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New Water Main <E
N
New Sanitary
LOCATION OF EASEMENTS
N❑ TH
H ❑ PPS REIA1
NEW SCHOOL
SITE
i
jLflCATIfl \ VAD
SANITARY AND WATER MAIN
(r' EASEMENTS - DAVINCI
ACADEMY