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Home My WebLink About03-110 Recorded Resolution No. 03-110 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT FOR STREAM BANK STABILIZATION PURPOSES FROM THOMAS J. BOSWELL AND THERESA C. BOSWELL 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 stream bank stabilization purposes from Thomas J. Boswell and Theresa C. Boswell 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: April 23 , 2003 Adopted: April 23 , 2003 Omnibus Vote: Yeas : 6 Nays : 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk . FILED FOR R CGin ; RAGREE/EASEMENT.TC 20 0 3 K 0 8118 12 7033 KY 21 VI 9: 15 • DRAFT 5/31/01 This Instrument Prepared _ `�%v�,•�-� by and Return After RECORDER Recording to: Donald B. Leist City of Elgin \Ji / Legal Department mi * 150 Dexter Court Elgin IL 60120-5555 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this ?,tu day of Mai , 204, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City") , and Thomas J. Boswell and Theresa C. Boswell (hereinafter referred to as the "Grantor" ) . WITNESSETH WHEREAS, Grantor owns the real property depicted on Exhibit A, and legally described on Exhibit B, both of said -T- i Exhibits attached hereto and made a part hereof; and WHEREAS, the City of Elgin desires to obtain an easement from Grantor for the purpose of repairing an eroded streambank over that portion of the property owned by Grantor and legally described on Exhibit B; and WHEREAS, Grantor has agreed to grant such an easement 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 : , POORORIGINAL Recorder Not R sponeibiie For Reproductions 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 for the construction, alteration, maintenance and repair of a streambank stabilization located on the property of the Grantor, and legally described in Exhibit B attached hereto (hereinafter referred to as the "Easement Premises" ) . 2 . That Grantor does hereby further grant to the City a temporary construction easement for that portion of Grantor' s property legally described on Exhibit C allowing access over and use of said portion of Grantor' s property for the purpose of constructing, altering, maintaining or repairing the streambank in, along and upon the above-described Easement Premises . The temporary construction easement hereby granted shall be deemed terminated upon the completion of the construction of the streambank stabilization on the Easement Premises but in any event shall automatically expire one (1) year from the date and year first written above. 3 . 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 reasonably practicable and shall leave the Easement Premises and the temporary construction easement premises and surrounding premises free from debris . -2- 4 . That the City for itself, its agents and independent contractors, hereby agrees to indemnify and hold 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 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 . 5 . 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 . 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 . -3- 8 . That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois . 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 in either the Easement Premises 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 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. 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 GRANTOR municipal corporation Y ci7or Thomas J--.:::'4i. 111K-.040-e*7 . Boswell Attest : diCalee City Clerk Theresa C. Boswell -4- Lk • 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 instrument as their free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal, this `�tL day of - °i d Lr, , 20ai . c-gt f Mr( z Notary Public STATE OF ILLINOIS ) "OFFICIAL SEAL" 7 SS . SUELLYN LOSCH Notary Public, State of Illinois COUNTY OF K A N E ) My Commission Expires 10/27/06 +, I, the undersigned, a Notary Public, in an. or said County, in the State aforesaid, do hereby certify that Thomas J. Boswell and Theresa C. Boswell, are personally known to me to be the same persons whose name 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 therein set forth. iv under my hand an off is ' . _ ,seal , this � day of ,��— 2002 . OFFICIAL SEA a y P • is SUSAN L BURGE L NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES;10/22/06 J -5- . I- XI I B I T 25 feet Streambank Stabilization Easement EASEMENT ON WEST PROPERTY LINE OF LOT 31 OF ANDRESEN BROS. EAGLE HEIGHTS UNIT 4 as document no, 986731. Westerly line of Andresen Bros, Eagle Heights Unit 4 Subdivision •roposed Kimberly Avenue EASEMENT 25.1/ 25.1/ 31 30 29 28 north property line of the Fraternal Order of Eagles property by document no. 265605 EXHIBIT B Twenty-five (25) feet as measured perpendicularly from the westerly subdivision line of Andresen Brothers Eagle Heights, Unit No. 4, recorded September 17, 1962 as document number 986731, exclusively within Lot 31 of Block 1 said subdivision, in the City of Elgin, Kane County, Illinois . Permanent Index No. 06-10-306-003 Commonly known as : 1711 Kimberly Avenue, Elgin, Illinois -7- I- XI IBIT TEMPORARY EASEMENT SHALL CONSIST OF THE NORTH 110 FEET OF LOT 31 OF ANDRESEN BROS. EAGLE HEIGHTS UNIT 4 as document no, 986731 EXCEPT THE WESTERLY 25 FEET OF SAID LOT, Westerly line of Andresen Bros. Eagle Heights Unit 4 Subdivision TEMPORARY EASEMENT Kimberly Avenue r.Ws 25.' '' 0111/11--.00/010101 ' 110.. 30 29 28 LOT 31 N north property line of the Fraternal Order of Eagles property by document no, 265605 2003K684812