HomeMy WebLinkAbout03-344 Recorded Resolution No. 03-344
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT
FOR SANITARY SEWER AND WATER MAIN PURPOSES
FROM THE GLORIA R. VECE TRUST
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 Gloria R.
Vece, as Trustee of the Gloria R. Vece Living Trust dated
January 11, 1994 , 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
C60940-
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Doc#: 0401619180
Eugene"Gene" Moore Fee: $62.00
Cook County Recorder of Deeds
CITY OF ELGIN EASEMENT AGREEMENT Date:01/16/2004 03:55 PM Pg 1 of 6
THIS EASEMENT AGREEMENT made and entered into this 3RD day of
QCcelkt 2 , 2003, by and between the CITY OF ELGIN, an Illinois municipal
corporation (hereinafter referred to as the"City"), and GLORIA R. VECE, as Trustee of the
Gloria R. Vece Living Trust dated January 11, 1994 (hereinafter referred to as the
"Owner").
WITNESSETH
WHEREAS, the City of Elgin desires to obtain a permanent easement from Owner
for the purpose of operating, using, maintaining, upgrading, repairing, replacing and/or
removing water lines, sanitary sewer lines and other appurtenances related thereto,
constructed and installed by or at the direction of the Board of Education of School District
46 (the "School District") over a portion or portions of the Owner's Parcel; and
WHEREAS,the Owner further desires to grant the easement requested because the
said public utilities will then be available at the site, which will enhance the value of the
Owner's property; and
WHEREAS, Owner has agreed to grant this 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
Owner, 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. The Owner does hereby grant to
the City a permanent, non-exclusive easement appurtenant, 70 feet in width, over, upon,
across, through and under those portions of the Owner's Parcel legally described and
depicted on the Plat of Easement attached hereto and made a part hereof as Exhibit A(the
"Easement Premises")to operate, use, inspect, maintain, upgrade, repair, service, replace
and/or remove the sanitary sewer line(s), water main(s) and other appurtenances relating
to the sanitary sewer line(s), water main(s) and appurtenances after they are installed by
or at the direction of the School District in strict accordance with engineering plans therefor
approved by the City(the"Sewer and Water Improvements")and the Owner's property has
been restored by the School District and its contractor(s)(the"Restoration Work"), and the
said improvements have been accepted by the City.
2. Temporary Construction Easement. The Owner has heretofore granted the
School District a Temporary Construction Easement to construct and install the Sewer and
Water Improvements and to restore the Owner's Parcel (the "Initial Restoration Work").
The Temporary Construction Easement shall be deemed terminated, and the permanent
easement herein granted shall commence, upon the formal acceptance by the City of the
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Sewer and Water Improvements, after said improvements and the Initial Restoration Work
have been fully completed by the School District, or its contractors.
3. Restoration of Easement Premises. 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, including the establishment of turf, and shall leave the
Easement Premises and surrounding premises free from debris (the "City Restoration
Work").
4. No Recapture. The City covenants that there are no recapture agreements or
recapture ordinances applicable to the Owner's Parcel that will be triggered by the
annexation of the Annexation Parcel, or the installation of the Sewer and Water
Improvements, and the City hereby waives all recapture fees in connection with the Sewer
and Water Improvements, and any other improvements heretofore installed that benefit the
Owner's Parcel.
5. Cooperation if Annexation Agreement Required. Owner agrees to reasonably
cooperate and negotiate in good faith with the City in the event the City's Corporation
Counsel determines that an annexation agreement or hearing on this Easement Agreement
is necessary to effectuate the transaction contemplated hereby.
6. Indemnification. To the fullest extent permitted by law, the City shall
indemnify and hold harmless the Owner, Gloria R. Vece, personally, Raymond S. Vece,
personally, and their respective heirs, legatees, beneficiaries, legal representatives, agents,
successors and assigns from and against all claims, damages, losses and expenses,
including, but not limited to, legal fees (attorney's and paralegals' fees and court costs),
arising out of or resulting from this Agreement, provided that any such claim, damage, loss
or expense (i) is attributable to bodily injury, sickness, disease or death, or injury to or
destruction of tangible property, including the loss of use resulting therefrom, and (ii) is
caused in whole or in part by any wrongful or negligent act or omission of the City, its
employees, agents, contractor(s), material suppliers and/or any subcontractor(s) and/or
material suppliers of any such contractor and/or material supplier, or any of them, or
anyone directly or indirectly employed by any of them, or anyone for whose acts any of
them may be liable, except to the extent caused in part by a party indemnified hereunder.
The City shall similarly protect, indemnify and hold and save harmless the Owner against
and from any and all claims, costs, causes, actions and expenses, including, but not limited
to, legal fees incurred by reason of any mechanic's lien, claim for lien or any cause of
action in which it is alleged that the City failed to pay all amounts due for said labor and/or
materials.
7. Insurance. Except for emergency repairs, in the event the City hires any
contractor(s)to perform any maintenance, repair, upgrade, remove or replace any sanitary
sewer lines, water mains and/or any appurtenances relating to the sanitary sewer lines and
water mains (the"Sewer/Water Repair Work") in the Easement Parcel, the City shall cause
each such contractor to deliver a certificate of insurance to the Owner before entering upon
the Easement Parcel to perform the Sewer/Water Repair Work, evidencing that the Owner
2
and her husband, Raymond S. Vece, have been named as additional insureds upon the
commercial general liability insurance policy(ies) issued on behalf of each such contractor
in the same amount of coverage as the City required of said contractor in its contract for the
same project, but in no event less than $1,000,000 each occurrence.
8. Restrictions. The Owner and the Owner'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.
9. Reservation of Rights. The Owner reserves the right to surface and
subsurface use of the Easement Premises that does not unreasonably and materially
interfere with the permitted use of the Sewer and Water Easement herein granted to the
City. Owner shall not erect any permanent structure or building over the Sewer and Water
Easement granted herein.
10. Future Repairs or Replacement- Notice. The City agrees that with respect to
any repair, removal, replacement or reconstruction of the Sewer and Water Improvements,
or any of them, after their initial installation, that it will not build or install any additional
above ground appliances, structures or appurtenances on the Easement Premises not
shown on the original engineering plans for the project. The right of access or inspection
shall be subject to reasonable notice to the Owner, and the City shall provide the Owner
not less than 48 hours advance written notice if it intends to perform any repair, removal
replacement or reconstruction work in the Easement Premises (unless said work is
confined to the portion thereof lying in the road easement or right-of-way for Bode Road or
Rohrssen Road, in which event no notice shall be required), or in the event of a genuine
emergency, contemporaneous notice shall be allowed. If any such emergency work
performed by the City or its contractors shall cause any damage to the Owner's Parcel, the
City shall promptly restore the surface to the condition in which it existed immediately
preceding such emergency repairs, provided said restoration is reasonably possible.
11. Amendment. That no amendment, revision, or modification hereof shall be
effective unless it is in writing and signed by all parties hereto.
12. 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 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.
13. Applicable Law. That this Easement Agreement shall be governed by and
construed in accordance with the laws of the State of Illinois, and the parties agree that any
action shall be brought, and venue shall lie in, the Circuit Court of the Sixteenth Judicial
Circuit, Kane County, Illinois.
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14. 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.
15. Warranty of Title. That the Owner 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.
17. Binding. That this Easement Agreement shall inure to the benefit of and shall
be binding on the parties hereto, their heirs, legatees, beneficiaries, successors and
permitted assigns and shall run with the land.
18. Recording. That this Easement Agreement shall be recorded by the City at
the City's cost with the Cook County Recorder of Deeds.
19. Joint Preparation. This Easement Agreement is and shall be deemed and
construed to be the joint and collective work product of the Owner 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.
20. 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.
IN WITNESS WHEREOF, the parties have entered into and executed this Easement
Agreement on the date and year first written above.
OWNER: CITY:
CITY OF ELGIN, an Illinois
Gloria R. Vece, as Trustee of the municipal corporation
Gloria R. Vece Living Trust dated
January 11, 1994 By: �, -11. `
Mayor
Attest:
&414-v,42
City Clerk
4
STATE OF ILLINOIS )
SS:
COUNTY OF DU PAGE )
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that Eo Sc#4-ac K , personally known to me to be the Mayor
of the City of Elgin, and oolomva "Ecu. . , personally known to me to be the City
Clerk of said City, and 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
severally acknowledged that as such Mayor and as such City Clerk, they signed and
delivered such instrument as Mayor and City Clerk, respectively, and caused the seal of
said City to be affixed thereto, as their free and voluntary act and as the free and voluntary
act and deed of said City, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this 3,e& day of Oczce.Al Q E'/2,
2003.
Notary Public
C•� �ififi4Fi44-,4. if.4.-c.
"OFFICIAL SEAL"
SUELLYN LOSCH
STATE OF ILLINOIS Notary Public,State of Illinois
My Commission Expires 10/27/06
) SS
t.�, • ., •! -Frt -ws4Y1
COUNTY OF DU PAGE )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY that Gloria R. Vece, as Trustee of the Gloria R. Vece Living Trust dated
January 11, 1994, personally known to me to be the same person whose name is
subscribed to the foregoing instrument as such Trustee, appeared before me this day in
person and acknowledged that she signed and delivered the said instrument as her own
free and voluntary act, and as the free and voluntary act of said Trustee, for the uses and
purposes therein set forth.
GIVEN under my hand and Notarial Seal this ,5. , day of _��� ,
2003.
Nota 'Public
C:\Data\Real-Est\Vece Elgin Easement Agr.wpd
3/4/2003 9:35 AM
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LAND SURVEYING• TOPOGRAPHIC MAPPING• CONSTRUCTION LAYOUT
847-548-6600 FAX 548-6699
EXHIBIT A
OF
THE SOUTH 73.00 FEET LYING NORTH OF THE CENTER LINE OF BODE ROAD (AS MEASURED AT RIGHT ANGLES TO
SAID CENTER LINE) OF THE FOLLOWING DESCRIBED TRACT:
PART OF THE NORTHEAST 1/4 OF SECTION 17, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL
MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 3 OF THE COUNTY CLERK'S
SUBDIVISION OF LANDS DOCUMENT 2227308; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SECTION 17, 66.1
FEET; THENCE WESTERLY ALONG A UNE PARALLEL TO AND 66.0 FEET (MEASURING AT RIGHT ANGLES) SOUTH OF THE
SOUTH LINE OF SAID LOT 3, 915.1 FEET; THENCE SOUTHERLY AT AN ANGLE OF 93 DEGREES AND 16 MINUTES
MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, 705.0 FEET; THENCE WESTERLY AT AN ANGLE OF 93
DEGREES AND 16 MINUTES MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, AND PARALLEL WITH
THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 3, 564.1 FEET FOR A POINT OF BEGINNING; THENCE
CONTINUING WESTERLY ALONG THE LAST DESCRIBED COURSE 585.5 FEET; THENCE SOUTHERLY AT AN ANGLE OF 93
DEGREES AND 00 MINUTES MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, PARALLEL WITH THE WEST
LINE OF THE NORTHEAST 1/4 OF SECTION 17, 707.6 FEET TO THE SOUTH LINE OF SAID NORTHEAST 1/4 SECTION,
SAID POINT BEING 622.0 FEET EAST OF THE CENTER OF SAID SECTION 17; THENCE EASTERLY AT AN ANGLE OF 88
DEGREES AND 02 MINUTES MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, ALONG THE SOUTH LINE OF
SAID NORTHEAST 1/4 SECTION 585.0 FEET; THENCE NORTHERLY PARALLEL WITH THE WEST LINE OF SAID NORTHEAST
- 1/4 SECTION 718.34 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THE EAST 150.0 FEET AS MEASURED
BETWEEN PARALLEL UNES THEREOF, ALSO EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND: THAT
PART OF THE NORTHEAST 1/4 OF SECTION 17 AFORESAID DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST
CORNER OF LOT 3 OF THE COUNTY CLERK'S SUBDIVISION OF LAND DOCUMENT NO. 2227308; THENCE SOUTHERLY
ALONG THE EAST LINE OF SAID SECTION 17, 66.1 FEET; THENCE WESTERLY ALONG A LINE PARALLEL TO AND 66.0
FEET, (MEASURING AT RIGHT ANGLES) SOUTH OF THE SOUTH LINE OF SAID LOT 3, 915.1 FEET; THENCE SOUTHERLY
AT AN ANGLE OF 93 DEGREES AND 16 MINUTES MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, 705.0
FEET; THENCE WESTERLY AT AN ANGLE OF 93 DEGREES 16 MINUTES MEASURED COUNTERCLOCKWISE FROM THE LAST
DESCRIBED COURSE, AND PARALLEL WITH THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 3, 999.47
FEET TO THE POINT OF BEGINNING; THENCE CONTINUING WESTERLY ALONG THE LAST DESCRIBED COURSE, EXTENDED,
150.13 FEET; THENCE SOUTHERLY AT AN ANGLE OF 93 DEGREES AND 00 MINUTES MEASURED CLOCKWISE FROM THE
LAST DESCRIBED COURSE, PARALLEL WITH THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 17, 707.6
FEET TO THE SOUTH UNE OF SAID NORTHEAST 1/4 OF SECTION 17, SAID POINT BEING 622.0 FEET EAST OF THE
CENTER OF SAID SECTION 17; THENCE EASTERLY AT AN ANGLE OF 88-DEGREES AND 02 MINUTES MEASURED
CLOCKWISE FROM THE LAST DESCRIBED COURSE ALONG THE SOUTH LINE OF SAID NORTHEAST 1/4 SECTION, 150.0
FEET; THENCNORTHERLY PARALLEL WITH THE WEST LINE OF SAID NORTHEAST 1/4 SECTION 710.31 FEET TO THE
POINT OF BEGINNING), IN COOK COUNTY, ILLINOIS.
POINT OF COMMENCEMENT
SOUTHEAST CORNER OF LOT 3 OF
COUNTY CLERK'S SUBDIVISION
RECORDED AS DOCUMENT #2227308
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LOT 8 LOT 1 "9 m HEREBY GRANTED
LOT 9 / 1 ////
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•41=9 1 $ (ALSO KNOWN AS PARK AVENUE)+ 88'02'(0) a �� /r! .I///���� O /
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o CENTER UNE OF ROAD 150.0'(0) --585.0'(0)- - ,o
) , UNE 33.00' PARALLEL AND NORTH OF THE
CENTER LINE OF BODE ROAD AS EXTENDED
I�3.0'133.0' AND RECREATED FROM WOODLAND
MEADOWS EAST RECORDED APRIL 10. 2000
THIS DOES NOT REQUIRE THE COUNTY CLERK'S LNIJ
REQUIRED IN SECTION 516 CHAPTER 120 REVENUE L
ILLINOIS.
47- 0'Z.--,_
COUNTY CLERK
DATE / - ( - Q