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Home My WebLink About03-345 Recorded Resolution No. 03-345 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SIDEWALK PURPOSES FROM BANK ONE, 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 Bank One, N.A. 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 NOM Doc#: 0401619181 a $36.50 Eugene"Gene" Moore Fe_: Cook County Recorder of Deeds 1 of 7 sate:01/16/2004 03:57 PM Pg EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this C0 # ti day of 6 , 2003 , by and between the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the "City" ) , and BANK ONE, NA, a National Banking Association, (hereinafter referred to as the "Grantor" ) , WITNESSETH WHEREAS, Grantor owns the real property legally described on Exhibit A attached hereto in Cook County, Illinois ( "Easement Premises" ) ; 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 non-exclusive 15 foot by 108 . 50 foot easement in the area shown on Exhibit B attached hereto ( "Easement Premises" ) 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. 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 from the City' s rights in the Easement Premises created in this Easement Agreement . 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 2 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 either 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 at the City' s cost with the Cook County Recorder. 3 12 . Grantee shall make every reasonable effort to minimize disruption to the Grantor and its customers and shall not interrupt or interfere with Grantor' s day-to-day business operations . 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 BANK ONE, NA, a National Banking municipal corporation Association L7 By -7G%�� By Mayor Mich I F.Welnb Dir f Real E, tate Attest : Attest . ba-4-v,c_ A/ye, City Clerk 1-)YD B. SHIELDS . i 3hief Financial Officer RezI r-_ _3 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 320 day of Dcce t 6E12 , 2003 . 41if Notary Pu is "OFFICIAL SEAL" SUELLYN LOSCH Notary Public,State of Illinois My Commission Expires 10/27,06 %. 4 STATE OF ILLINOIS C OW< ) SS . COUNTY OF ) I , the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that �(1lCbasLQ U..)29_111 L , ��%Qt() /SVP , is personally known to me to be the same per jbh 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. ��l'� Given under my hand an official seal, this O ,3`+4) day of l /1c _ 2011 'OFFICIAL SEAL ): 2:1 CiC1,1V(tk— Joi Johmon otary N Md i No ry Pu _i c CookMy Commission Expires January 7,2006 This Instrument Prepared by and Return to: Michael R. Gehrman City of Elgin Legal Department 150 Dexter Court Elgin IL 60120-5555 F:\Legal Dept\Agreement\Easement-Summit & Waverly-BankOne.doc Draft 10/22/03 5 • EXHIBIT A PARCEL 004 THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 1 IN COBBLER'S CROSSING RETAIL SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JULY 12, 1994 AS DOCUMENT #94606528 IN COOK COUNTY, ILLINOIS; THENCE NORTH 0' 03' 26" EAST, 15.00 FEET ALONG THE EASTERLY LINE OF SAID LOT 1; THENCE SOUTH 89' 56' 34" EAST, 108.50 FEET; THENCE SOUTH 0' 03' 26" WEST, 15.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF ILLINOIS STATE ROUTE #58; THENCE NORTH 89' 56' 34" WEST, 108.50 FEET ALONG SAIO NORTHERLY RIGHT-OF WAY LINE, TO THE POINT OF BEGINNING. ALL CONTAINING 0.0374 ACRES, MORE OR LESS, IN THE CITY OF ELGIN, COOK COUNTY, ILLINOIS. PART OF PERMANENT INDEX NO. 06-07-314-020-0000 `I- • Ti THESE STAK 0 re. T2 IRON ROD F R (S 89'22 21 W T3 COLORED PL w o, 44.0' = REC.)I (N o I .r 724•,?el* \ N ftRf� POI z E 0 C E W Li1n E ►_- o L. 1 \ �, E \ CI E Li w E v = ( > E I- i o 06-07-314-020 E o I o — Q E U I Z W w - M 0 0: 0: I Y W N II j W Z Cr I J b O W �- 6S lL >- C1 W 50.1' 44.3' 00N - I I 6. ! w M o •e, (1) - I o' .i ao ‘,>o. N ..3.. c N b 1-STORY BRICK 4.0' h� •' b 3tn i. BANK BUILDING v 0 _ ( BANK ONE ) C I • ti c t,A •( „•" ems 1 C 9 1 C S O'03'26" W _ 22.007 PARCEL 004 r I 1 N 89'S6'34" W � 38.12' o 914 75 I S O'03'26" W C 15.00' �- _ S 89'56'34" E 108.50' 907 80' R.O.W. 915 712 p(S 89'22'21" W 161.0' = REC.) gopNL89'56'34" W 108.50' N 89'5'613i" W' '3iz 1 TI...906 52.50 )3'26" E 15.00' P.O.B. PARCELS 003 & gel )3'26" W 15.00' SE.LY CORNER OF LOT 1 IN COBBLER'S CROSSING RETAIL SUBDIVISION FOUND 5/8" IRON PIPE 0.03' N. C I EXHIBIT • ELGIN ROAD ) I .8 SOUTHERLY R.O.W. UNE OF ILUNOIS STATE ROUTE #58