The URL can be used to link to this page

Home My WebLink About03-232 Recorded f Resolution No. 03-232 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM THE ELGIN SWEEPER COMPANY 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 water main purposes from the Elgin Sweeper Company 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: August 27, 2003 Adopted: August 27, 2003 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk ejlet .� /II!liIll/llihII !JjIII/!I//JIfflffffuIihIIiIflhfi// Doc#: 0332119044 Eugene "gene" Moore Fee: $114.00 ‘-T I Cook County Recorder of Deeds Date: 11/17/2003 12:26 PM Pg: DOCUMENTS PLAT WITH THIS PLAT - 4(4.. II=_MI ME_ NMI LI MIMI MI vi ow. tr** DOCUMENTS. WITH THIS This Instrument Prepared By and Return After Recording to: William A. Cogley City of Elgin Legal Department 150 Dexter Court Elgin, IL 60120-5555 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made and entered into this AVOE day of , 2003 , by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City" ) , and Elgin Sweeper Company, an Illinois limited liability company(hereinafter referred to as the "Grantor" ) . WITNESSETH WHEREAS, Grantor owns the real property located in the City of Elgin, Illinois, legally described on Exhibit A and depicted as 28 . 0 by 34 . 0 foot permanent easement (Such property hereinafter collectively referred to as the "Easement Premises" ) ; and WHEREAS, Grantor owns the real property located in the City of Elgin, Illinois legally described on Exhibit A and depicted as 20 . 0 by 34 . 0 foot and 20 . 0 by 48 . 0 foot temporary construction easements on Exhibit A attached hereto (such property hereinafter collectively referred to as the "Temporary Easement Premises" ) ; and WHEREAS, the parties have determined that it is in their best interests for Grantor to grant to the City easements in the Easement Premises and temporary construction easements in the Temporary Easement Premises pursuant to the terms and conditions of this Easement Agreement. NOW, THEREFORE, for and in consideration of One Thousand Nine Hundred Thirty Nine Dollars ($1, 939 . 00) in hand paid to Grantor, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That Grantor hereby grants and conveys to the City, a permanent and exclusive easement to install, construct, operate, use, maintain, repair, service, upgrade, replace or remove public utilities, including but not limited to a water main metering vault, and appurtenances relating thereto, in, through, under and upon the Easement Premises. 2 . That Grantor hereby also grants and conveys to the City Temporary Construction Easements in and upon the Temporary Construction Easement Premises for the purposes of installation and construction of the aforementioned public utilities, including but not limited to, a water main metering vault in, through, under and upon the Easement Premises. Such Temporary Construction Easements shall terminate thirty (30) days after the date of final completion of construction of the Water Main. 3 . That the Grantor shall not construct any buildings, structures or other physical improvements on the Easement Premises, nor undertake any other activities which unreasonably interfere with the Easement Premises and the City's intended use thereof. 4. 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 conditions as existed immediately prior to the exercise of such rights as are reasonably practicable. 5 . That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all of the parties hereto. 6 . That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 7 . 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. 8 . That the Grantor hereby represents and warrants to the City 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. 9 . That this agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 10 . 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. - 2 - CITY OF ELGIN, an Illinois Elgin Sweeper Company an Illinois municipal corporation limited liability company B Lik1. ��dti BY !aT6�-�• Y Mayor Mar Weber, President Attest: Attest: R((k)/4-t--e / 24-C -- City Clerk Secretary 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, 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 Ant day of Gy'cl. , 2003 . ubic XlifaL Not ry P `', "OFFICIAL SEAL" `* SUELLYN LOSCH t* Notary Public,State of Illinois ;+ My Commission Expires 10/27/06 - 3 - 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 Mark Weber, President, 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 26t. day of (LB/ , 2003 . Not ry Public OFFICIAL SEAL SNQAAGEE NOTARY PUSLIC•VAR OF WOW MY COMMON WIRER WI PIN 06-32-101-004-0000 H:\Legal\Easement-Elgin-Sweeper-company.doc - 4 -