The URL can be used to link to this page

Home My WebLink About03-288 Recorded Resolution No. 03-288 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SIDEWALK PURPOSES FROM THE SOUTHLAND CORPORATION (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 The Southland Corporation 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 r , • IIII!/III/II/1111)1 iiJI/ll lIIIIIIIIIIIII Doc#: 0332119047 Eugene "Gene" Moore Fee: $66.50 Draft 6-24-02 Cook County Recorder of Deeds Date: 11/17/2003 12:45 PM Pg: 1 of 7 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this pnj0 day of (CJ-O,6 6AI , 2003, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City") , and The Southland Corporation now known as 7-Eleven Inc . , a corporation of Texas, (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 andvaluable 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, Ian -�� e s r cipal ra po do 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 Exhibits 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 . Further the City shall at all times insure the free and uninterrupted access to the property by grantor, its customers, invitees, employee, vendors, agents Ind con ractor du ing th sidewal construction . That tale Cityor itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor, its agents, employees and officials and its successors suits, penalties, liabilities and expenses (including without limitation reasonable,attorney's fees) harmless from third party claims tar 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 the Easement Premises nor undertake any other activities on the Easement Premises which unreasonably interfere with the City' s -2- 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 eithor 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 Pr rcmi3c.= 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 at the City' s cost with the Cook County Recorder. -3- • IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above . 7-ELEVEN, INC., a Texas corporation CITY OF ELGIN, an Illinois TIIE SOUTIILAND CORPORATION municipal corporation Now Known as 7 Eleven Inc . , a corporation of Tcxaa By �.L. .�- By Mayor David Holland Attorney-in-Fact Attest : t : City Clerk Marijan Smi Assistant 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 . /Ld day of Vi. A , 200 . Not ry Pub?c V i 5 "OFFICIAL SEAL" STATE OF ILLINOIS ) SUELLYN LOSCH 0ALLAS ) SS . Notary Public,State of Illinois < COUNTY OF K A N E ) My Commission Expires 10/27/08 i< ✓Y I , the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that David Holland and Marilan Smith , 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 -4- as his free and voluntary act of the uses and purposes therein set forth. Given under my hand an o ' cial seal , this 28th day of October , 2002 . No ry Pub is This Instrument Prepared by ' W f Aw;ust4 20v and Return to : � • William A. Cogley City of Elgin Legal Department 150 Dexter Court Elgin IL 60120-5555 F:\Legal Dept\Agreement\Southland (7-11) Easement Summit Street.wpd -5- • L::61v1 i A • Lawyers Title Insurance Corporation NATIONAL HEADQUARTERS RICHMOND, VIRGINIA SCHEDULE A CONTINUED - CASE NO. 65234 That part of the South Half of Section 7, Township 41 North, Range 9, East of the Third Principal Meridian, described as follows: Commencing at the Northeast corner of Lord's Park being also the Northwest corner of the East Half of the Northwest Quarter of Section 18, Township 41 North, Range 9, East of the Third Principal Meridian; thence North 88° 38' East 310.9 feet; thence North 2° 35' East 542.9 feet to the Southerly right of way line of State Route 58; thence South 88° 49' East along said right of way line 316.0 feet for the place of beginning; thence South 2° 45' West 190.0 feet; thence Westerly parallel with the Southerly right of way line of State Route 58, 104.7 feet; thence North 2° 35' East 190.0 feet to the Southerly right of way of State Route 58; thence Southeasterly along said right of way line 105.33 feet to the place of beginning, being situated in the City of Elgin, Cook County, Illinois. • V " SCHEDULE A - PAGE 2 Form 100 Litho in U.S.A. • EX,a . YDXIIIDIT A PARCEL 007 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 INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY LINE OF ILLINOIS STATE ROUTE #58 AND THE WESTER RIGHT-OF-WAY LINE OF WAVERLY DRIVE; THENCE SOUTH 1' 52' 25" WEST, 10.00 FEET ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF WAVERLY DRIVE; THENCE NORTH 44' 01', 33" WEST, 13.92 FEET TO P POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID ILLINOIS STATE ROUTE #58; THENCE SOUTH 89' 55' 31" EAST, 10.00 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY L►NE TO THE POINT OF BEGINNING. ALL CONTAINING 0.0011 ACRES, MORE OR LESS, IN THE CITY OF ELGIN, COOK COUNTY, ILLINOIS. PART OF PERMANENT INDEX NUMBER 06-07-302-036-0000