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Home My WebLink About03-343 Recorded Resolution No. 03-343 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT FOR SANITARY SEWER AND WATER MAIN PURPOSES FROM THE ELGIN CONGREGATION OF JEHOVAH' S WITNESSES, INC. 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 sanitary sewer and water main purposes from the Elgin Congregation of Jehovah' s Witnesses, Inc. , 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: December 3 , 2003 Adopted: December 3 , 2003 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: December 4, 2003 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk -- • - : jp /if / 71„ DOCUMENTS PLAT WITH THIS 1311111,1!11111111 li11111111111111' !Iichooillio rod, Dc.o#: 040161 )if_- 79 p LAT Ecgane "Ciene" Moore Fee: 1.66 00 Cook County R • 3IJr2iof Dee1 Dat :0116/2000 PM P9. lof 7 .0.111111 MEW DOCUMEriS WITH THIS SEE PLAIFINDEA_ ....FNMAII.IIIIIlj . �II. 1IILI. II PINIP 7 Doc#: 0401619179 Tny Eugene"Gene" Moore Fee: $66.00 CITY OF ELGIN EASEMENT AGREEMENT Cook County of Deeds Date: 01/16/004004 03:53 3 PM Pg: 1 of 7 I � w THIS EASEMENT AGREEMENT made and entered into this aR/) day of tgc, , 2003, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City"), and the Elgin Congregation of Jehovah's Witnesses, Inc. (hereinafter referred to as the "Grantor"). WITNESSETH WHEREAS, Grantor owns the real property legally described on the Plat of Easement prepared by TFW Surveying and Mapping, last revised on October 16, 2003, attached hereto as Exhibit A, in the City of Elgin, Cook County, Illinois (the "Grantor's Parcel"); and WHEREAS, the City of Elgin desires to obtain easements from Grantor for the purpose of operating, using, maintaining, locating, upgrading, repairing, replacing or removing water lines, sanitary sewer lines 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. Permanent Sewer and Water Easements. That Grantor, being the owner of the Grantor's Parcel referenced herein, does`hereby grant to the City of Elgin, an Illinois municipal corporation (the "City"), permanent and exclusive easements (the "Sewer and Water Easements") to operate, use, maintain, locate, upgrade, repair, service, remove, or replace RECORDING FEE it -' DATE , 1— 14—b y , COPIES =_ 228001.1 OK BY cgZs sanitary sewer lines, water mains, and other appurtenances relating to sanitary sewer lines and water mains, in, upon, and under those portions of the Grantor's Parcel legally described on the Plat of Easement attached hereto and made a part hereof as Exhibit A. (the "Easement Premises"). 2. Restoration of Easement Premises. That following the exercise by the City of any easement rights granted herein, the City, shall promptly repair and restore the Easement 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 or other activities in the Easement Premises pursuant to this Agreement. The City further agrees to indemnify and hold harmless Grantor from any and all liens placed against the Easement Premises arising from said 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. 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. That this Easement Agreement constitutes the entire agreement between the parties and is intended as a complete and exclusive statement of the terms 2 228001.1 • 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 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. 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 Cook County Recorder of Deeds. 3 228001.1 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 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 Agreement and the rights granted to the City hereunder shall expire automatically in the event the construction of the sanitary sewer and/or water facilities contemplated in Paragraph 1 of this Agreement has not been initiated within ten (10) years after the date hereof. 4 228001.1 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 ELGIN CONGREGATION OF Municipal Corporation JEHOVAH'S WITNESSES, INC. By: . r"yr5e9 Mayor Its: r2 ic/j, ' Attest: Attest: /9141A-v.-Q, ''"'enjel/ 74-z- City Clerk Its: - C Ay/. 5 228001.1 • STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify 60 Sc/f O , Mayor, and DoLo.viv.4 M e c ws 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 for the uses and purposes herein set forth. Given under my hand an official seal, this MO day of Dec , 2003. f ( 1., db Notary Public s "OFFICIAL SEAL" STATE OF ILLINOIS ) * SUELLYN LOSCH ) SS. Notary Public, State of Illinois COUNTY OF COOK ) My Commission Expires 0/27ro6 I, the and, rs gned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify V l l-ik/1 and Sj ,., 7 dre,r Z z 64 , 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 for the uses and purposes herein set forth. Given under my hand an official seal, this .2 S day of 0<.:t' ,-2982- 7---,--,2):r ------------ ...-.-_-1-7 -)--/,%"-).-„,"- "'" ',„..„....,...„ • "OFFICIAL SEAL" otr Public Timothy L. Rowells Notary Public,State of Illinois My Commission Exp.0'120(2006 Y This document prepared by: After recording return to: Alec L. Rubenstein Dolonna Mecum 300 S . Wacker Drive, Suite 3400 Elgin City Clerk Chicago, IL 60606 150 Dexter Court Elgin, IL 60120 6 228001.1