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Home My WebLink About03-346 Recorded Resolution No. 03-346 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SIDEWALK PURPOSES FROM FIFTH THIRD BANK (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 Fifth Third Bank 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 Schack, 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 'i ', I 'II�IIII�IIIIIIIII I�i"I'IIIIII IIIII' � ,1 • IIIIIIIIIIIII ,, t, 040161 18'Fe€. $34.50 gene„gene„ ve Deeds Cook Cunt/ F;epOrder°f D P9. 1 of 6 pate:0111612004 03:59 PM EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this l / - day of Oc3- 010 tr` , 2003 , by and between the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the "City" ) , and FIFTH THIRD BANK, a Michigan banking corporation, (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 ' r 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. The exercise by the City of any easement rights granted herein shall not interfere with Grantor' s use of the property. The City shall maintain the sidewalk. 3 . That the City for itself, its agents and independent contractors, hereby agrees to indemnify, defend 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 or arising directly from the public' s use of or the condition of the Easement Premises except to the extent the claimed injuries, liabilities, losses, damages, costs, payments or expenses are caused by the actions, omissions or negligence of the Grantor. The City further agrees to indemnify, defend and hold -2- harmless Grantor from any and all liens placed against the Easement Premises arising from said construction activities . Grantor agrees to notify the City in writing within a reasonable time of any claim of which it becomes aware which may fall within the indemnity provisions of this paragraph. The City agrees to defend Grantor and its respective directors, administrators, officers, agents and employees against any claims, suits, actions or proceedings filed against any of them with respect to the subject matter of the indemnify provisions of this paragraph. Grantor shall not enter into any compromise, or settlement of any such claims, suits, actions or proceedings without the consent of the City. 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 intended use of the Easement Premises. City shall advise Grantor of its intent to commence construction in the Easement Premises not less than ten (10) days prior to the commencement of any such construction. 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, -3- 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. 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 FIFTH THIRD BANK, municipal corporation a Michigan banking corporation By By Mayor Attest : Attest : 1-"6-)4-1/ 4V— A.J2-014*-- City Clerk -4- • STATE OF ILLINOIS ) SS . COUNTY OF KANE ) 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 3j d day of De,ceM ,QEl2 , 2003 . (1/4\c. Viltkb N Y otar P>. alic STATE OF ILLINOIS ) _ _ "OFFICIAL ICIAL SEAL" �F . 0 i3 " /d- (/ 7-5- S j SUELLYN LOSCH ��`"'�f ) SS /• Notary Public, State of Illinois COUNTY OF ) Z My Commission Expires 10127/'06 ,�,^a+ I, the undersigned, a Notary Public, in and for said P .1 nty, in the State aforesaid, do hereby certify that .7 / n- , r_pr.e- rrapz,. 0o^yr'", is personally known to me be the same person whose flame 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 / ' day of GC -Jc' / 'i- , 2003 . ___.4. .s.,7 No ary Public This Instrument Prepared by and Return to : " William A. Cogley 'OFFICIAL SEAL City of Elgin DAVID A. SIEGELBAUM Public- llinois Legal Department NOSY 3taFe sion �19Jt� 150 Dexter Court Elgin IL 60120-5555 F:\Legal Dept\Agreement\Easement-Fifth Third Bank-Summit Street.wpd 10/14/03 -5- EXHIBIT A PARCEL 001 THAT PART OF LOT 6 IN HIGHFIELD PLACE SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTH HALF OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 17, 1980 AS DOCUMENT #25393343 AND AMENDED JANUARY 2, 1981 BY DOCUMENT #25723114 IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 6; THENCE NORTH ALONG A NON-TANGENTIAL CURVE HAVING A RADIUS OF 333.00 FEET, AS SAID CURVE IS CONVEXED TO THE EAST, FOR AN ARC DISTANCE OF 8.00 FEET ( SAID CURVE HAVING A CHORD BEARING OF NORTH 0' 37' 49" WEST AND A CHORD DISTANCE OF 8.00 FEET); THENCE SOUTH 89' 56' 34" EAST 148.46 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 6; THENCE SOUTH 1' 14' 21" WEST, 8.00 FEET ALONG SAID EASTERLY LINE OF LOT 6, TO THE SOUTHEAST CORNER OF SAID LOT 6; THENCE NORTH 89' 56' 34" WEST, 148.20 FEET ALONG THE SOUTH LINE OF SAID LOT 6 TO THE POINT OF BEGINNING. ALL CONTAINING 0.0272 ACRES, MORE OR LESS, IN THE CITY OF ELGIN, COOK COUNTY, ILLINOIS. PART OF PERMANENT INDEX NO. 06-07-017-0000