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HomeMy WebLinkAbout03-287 Recorded Resolution No. 03-287 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SIDEWALK PURPOSES FROM ALBANY BANK & TRUST COMPANY N.A. (Summit and Waverly) 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 sidewalk purposes from Albany Bank & Trust Company N.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 Cook 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 111111 Iflhl I III111111 e21I 4Ei Doc#: 0332119046 Draft 6-24-02 Eugene"Gene" Moore Fee: $66.50 Cook County Recorder of Deeds EASEMENT AGREEMENT Date: 11/17/2003 12:44 PM Pg: 1 of 7 THIS EASEMENT AGREEMENT made and entered into this c2RNO day of October, 2003 , by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City") , and Albany Bank and Trust Company, N.A. , as Trustee under Trust Agreement dated November 9, 1999, and Known as Trust Number 11-5600, (hereinafter referred to as the "Grantor") . WITNESSETH WHEREAS, Grantor owns the real property legally described on Exhibit A attached hereto in Cook County, Illinois; and WHEREAS, the City of Elgin desires to obtain an easement from Grantor for the purpose of installing, constructing, operating, using, maintaining, locating, upgrading, repairing, replacing or removing a public sidewalk over a portion of the property owned by Grantor; 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 : 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 to install, construct, operate, use, maintain, locate, upgrade, repair, service, remove or replace a public sidewalk, and other appurtenances relative to a public sidewalk in that parcel of land located on the property of the Grantor legally described in Exhibit A attached hereto (hereinafter referred to as the "Easement Premises" ) . 2 . 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 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 . That the City for itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor, its agents, employees and officials 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 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 . That the Grantor and their successors shall not construct any structures or buildings nor plant any trees on -2- 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 . That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 6 . 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 . 7 . That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois . 8 . 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 . 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 . That this agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 11 . That this agreement shall be recorded by the City -3- 4. 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 . CITY OF ELGIN, an Illinois ALBANY BANK AND TRUST COMPANY municipal corporation N.A. , as Trustee under Trust Agreement Dated November 9, 1999 and Known as Trust Number 11-5600 By .sr, By Mayor T� Attest : Attest : ` ,�/� IS14 7 - 42 A- City Clerk 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 aA day of �C , 2003. 4t, doNry P lic STATE OF ILLINOIS ) "OFFICIAL SEAL" SS . SUELLYN LOSCH COUNTY OF K A N E ) Notary Public,State of Illinois My Commission Expires 10/27/06 I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that , is personally known to me to be the same person whose name is subscribed to the -4- { . . 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 day of , 2002 . Notary Public This Instrument Prepared by and Return to : William A. Cogley City of Elgin Legal Department 150 Dexter Court Elgin IL 60120-5555 F:\Legal Dept\Agreement\Albany Bank (Cornerstone Church)Easement Summit St.wpd -5- EXHIBIT A PARCEL 006 THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LANDS DESCRIBED IN DOCUMENT #00004848, AS RECORDED JANUARY 4, 2000.IN COOK COUNTY, ILLINOIS; THENCE SOUTH 89' 55' 31" EAST, 224.17 FEET ALONG THE NORTH LINE OF SAID LANDS DESCRIBED IN DOCUMENT # 00004848 ( SAID LINE ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF ILLINOIS STATE ROUTE #58 ); THENCE SOUTH 1' 41' 44" WEST, 9.00 FEET ALONG THE EASTERLY LINE OF SAID LANDS DESCRIBED IN DOCUMENT #00004848; THENCE NORTH 89' 55' 31"i WEST, 224.20 FEET TO A POINT ON THE WESTERLY LINE ON SAID LANDS DESCRIBED IN DOCUMENT #09004848; THENCE NORTH 1' 52' 25" EAST, 9.00 FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING. ALL CONTAINING 0.0463 ACRES, MORE OR LESS, IN THE CITY OF ELGIN, COOK COUNTY, ILLINOIS. PART OF PERMANENT INDEX NO. 06-07-302-063-0000 ' This Agreement is executed by the undersigned,ALBANY BANK&TRUST COMPANY N.A.,not individually but solely as Trustee, as aforesaid, and said Trust Agreement is hereby made a part hereof and any claims against said Trustee which may result from the signing of this Agreement shall he payable only out of the trust property which is the subject of this Agreement, and it is expressly understood and agreed by the parties hereto, notwithstanding anything herein contained to the contrary that each and all of the undertakings and agreements herein made are made and intended not as personal undertakings and agreements of the Trustee, or for the purpose of binding the Trustee personally, but this Agreement is executed and delivered by the Trustee solely in the exercise of the powers conferred upon it as such Trustee and no personal liability or personally responsibility is assumed by or shall at any time be asserted or enforced against said Trustee on account of any undertaking or agreement herein contained, either expressed or implied, or for the validity or condition of the title to said property, or for any agreement with respect thereto. Any and all personal liability of ALBANY BANK&TRUST COMPANY N.A.is hereby expressly waived by the parties hereto, and their respective successors and assigns. It is further expressly understood that the Seller may at any time, without the consent of the Purchaser, issue its Trustee's Deed conveying the said premises to a grantee other than the Purchasers hereunder, and upon such a conveyance the Seller's liability hereunder shall cease and determine. Anything in the foregoing Agreement and Rider to the contrary notwithstanding and specifically relating to the obligation to convey title to the within described real estate, it is expressly understood that the Trustee hereunder shall execute and deliver its Trustee's Deed only when it has been notified in writing by its beneficiaries that the Covenants and Agreements herein contained have been performed by the Purchaser,,.and when its beneficiaries shall so direct Seller, providing that all fees and costs due to Seller, a's Trustee, have been paid in full. The undersigned Trustee further states that, although purporting to do so, actually it has not, nor shall not receive, nor be entitled to, the payments or proceeds mentioned i3t the foregoing instrument (including the earnest money deposit) it being understood that the beneficiary or beneficiaries under the said Trust are entitled to and will receive the rents, issues, profits, proceeds and avails of the said Trust property, under the foregoing instrument. If any payment(s) is(are) made to the Trustee, the same will be accepted by it in its Trust capacity only, and not personally, for and on behalf of those entitled to receive same. It is expressly understood and agreed by the parties hereto that the undersigned has not contracted with or retained any real estate broker or agent to represent it in any capacity and none shall seek or claim any commissions, fees, expenses or costs for any services performed in connection with this instrument from the undersigned Trustee. 77/ Dated at Chicago, Illinois this day of (--- 6. ) i1-a y , 9- 2-(- '_` ALBANY BANK & TRUST/ COMPANY N.A., not personally, but solely as - Trustee as aforesaid, pursuant to terms of that certain TRUST AGREEMENT �C�(r4 -4 !_ C dated �- 1 C i, � � % /� and bearing TRUST NUMBER /%- BY: ga -C—(L dust Officer S2 tt t: Vice-President STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) 1, the undersigned, a Notary Public in and for the county in the State aforesaid, DO HEREBY CERTIFY that / ,2y .fr, Cud;'c, s z ic- Trus` O f cer of Albany Bank&Trust Company N.A.,and ,1//ci1/1-t c /1 i3c /e -- Vice-President of said bank who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such officers, appeared before me this day in person, and acknowledged that they signed and delivered the said instrument as the free and voluntary act of said bank for the uses and purposes therein set forth; and the said Vice-President then and there acknowledged that he, as custodian of the corporate seal, did affix the corporate seal to said instrument as his own free and voluntary act and as the free and voluntary act of said bank for the uses and purposes therein set forth. ._ � '7� GIVEN under my hand and notarial seal, this 4 day of �8/Lu/ 2 y , "OFFICIAL SEAL" EDITHK LOHRMANN ( 4 J PUBLIC /. NOTARY PUBLIC STATE OF ILLINOIS CommissionE 0 ires 07/09/2005 Notary Public