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Home My WebLink About03-284 Recorded Resolution No. 03-284 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR PUBLIC UTILITIES AND SIDEWALK PURPOSES FROM CRACHELLE, L. L. C. (1994 Larkin 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 public utilities and sidewalk purposes from Crachelle, L. L. C. 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: October 22 , 2003 Adopted: October 22 , 2003 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: October 23 , 2003 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk EASEMENT AGREEMENT This Easement Agreement made and entered into this £NO day of o cT o 6 -6e , 2003, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the"City"), and Crachelle, L.L.C., (hereinafter referred to as the"Grantor"). WITNESSETH Whereas, Grantor owns the real property legally described as follows: Lots 1 and 2 in Block 5 in Walter G. McIntosh and Company's Fox River Farms, being a subdivision of part of Section 16, Township 41 North, Range 8 East of the Third Principal Meridian according to the plat thereof recorded September 15, 1924, in Book 25 of Plats, page 4 as Document No. 242766 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 public sidewalk, traffic signals and lighting, 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. EASEMENT. That Grantor, being the owner of the Grantor's Parcel referenced herein, does hereby grant the City of Elgin, an Illinois municipal corporation (the "City"), permanent and exclusive (except as set forth in Paragraph 4 hereof) easements(the"Easements") to install, construct, operate, use, maintain, locate, upgrade, repair, service, remove, or replace P�� 6--^k AQ"*"-- 2az;iO3FC 1 95 Q,6ie,. Page 1 of S Pages SANDY ERGtIAH 4-.w, • •i� ' 1 RECORDER 0\11 KAHE COUNTY. IL v. O ot. /c�, ICS / 11/0ON 5/2003RECORDED 6 REC FEE: 28.00 tl PAGES: 7 public sidewalk, traffic signals, lighting, and other appurtenances relating thereto in, upon, and under those portions of the Grantor's Parcel labeled as"Easement" on Exhibit A attached hereto. 2. RESTORATION OF EASEMENT PREMISES AND TEMPORARY CONSTRUCTION EASEMENT PREMISES. That following the exercise by the City of any element 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. 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 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 arising from said construction 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. 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, (ii) construct and maintain a 4' x 8' construction sign during the construction of the main building on the premises and (iii) install utility lines over, across, upon, and under the Easement Premises as reasonably required to service the development on the Grantor's Parcel, Page 2 of 5 Pages 3 • provided that such is done in a manner which does not unreasonably interfere with the City's intended use of the Easement Premises. 5. AMENDMENT. That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 6. ENTIRE AGREEMENT. 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. 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 is is understood and agreed that the City may utilize the services of third party contractors, employees, or other agents to perform 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 Kane 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 Page 3 of 5 Pages drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness, or conflict, if any, in the terms or provisions contained herein. 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 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 Easement Agreement and the rights granted to the City hereunder shall expire automatically in the event the construction of the public sidewalk, traffic signals and lighting contemplated in Paragraph 1 of this Easement 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 Crachelle, L.L.C. Municipal Corporation By: -Z:he By: -Mayor hh`c ),,,,y,/ , Manager By: 1, C C-�--vc-) Thd Q E � , Manager Attest: %-et191- 2," vQ, City Clerk Page 4 of 5 Pages 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 cot w1 _ I p ,U , Mayor, and , -&-y_,�Q / �6t /nk., 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 day ofg , , 2003. c7ca (4, NKtary Public C s�r�'s!r4�y�rfJfi�i�+ 3 � ►�sS+S�'/ STATE OF ILLINOIS ) "OFFICIAL SEAL" SUELLYN LOSCH) SS. ; Notary Public, State of Illinois COUNTY OF KANE ) My Commission Expires 10/27/06 I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify tnti 9S g veil( and s tA•lk elf 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 he/she 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 2?)-4/ day of .- 2003. % "OFFICIAL SEAL" otary Public BRADLEY E. CAHOW Notary Puo ic,State of Illinois My Commission Expires 05/01/04 4 Page 5 of 5 Pages EXHIBIT A dated the of , 2003 by and between the City of Elgin and Crachelle, L.L.C. That part of Lots 1 and 2 in Block 5 in Walter G. McIntosh and Company's Fox River Farms, being a subdivision of part of Section 16, Township 41 North, Range 8 East of the Third Principal Meridian according to the plat thereof recorded September 15, 1924, in Book 25 of Plats,page 4 as Document No. 242766 in Kane County, Illinois, described as follows: Beginning at the Southwest corner of the aforedescribed Lot 1 and extending Northeasterly along the Southerly lot line of said Lot 1, a distance of 20 feet, thence extending Northwesterly on a direct line to a point on the Westerly lot line 20 feet North of the Southwest corner of said Lot 1, thence Southerly 20 feet along said Westerly lot line to the point of beginning. 2003K 195060