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Home My WebLink About04-102 Recorded Resolution No. 04-102 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM LaSALLE BANK, AS TRUSTEE (1725 N. State Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock, Mayor, and Dolonria Mecum, City Clerk, be and are hereby authorized and directed to execute an easement agreement for water main purposes from LaSalle Bank National Association,as Successor Trustee, U/T/A dated 6/10/86 and known as Trust #4594 and not personally, 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 Kane County, Illinois. s/Ed Schock Ed Schock, Mayor Presented: April 28, 2004 Adopted: April 28, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk • st Ram P) 'f 20041-<.0593El6 SANDY EEGHAN � RECORDER 1.�,�'IQQ.L 4�vw� A. C KANE COUNTY. IL ty, V(4p./ atkr MAP ATTACHED RECORDED ON 05/11/2004 09:30AH O", tea/al& REC PAGESEE:4 37.00 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is hereby made and entered into this Uri.tday offs N2, — , 2004, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City"), and the (LASALLE BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE, U/T/A DATE 6/10/86 & KNOWN AS TRUST #4594) (hereinafter and not personally, referred to as the "Grantor"). WITNESSETH WHEREAS, Grantor owns the real property legally described on the Plat of Easement prepared by Mackie Consultants dated December 18, 2003, attached hereto as Exhibit A, in the City of Elgin, Cook County, Illinois (the "Grantor's Parcel"); and WHEREAS, the City desires to obtain easements from Grantor for the purpose of operation, using, maintaining, locating, upgrading, repairing, replacing or removing water lines 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 coo terms and conditions of this Easement Agreement. NOW, THEREFORE, for and in consideration of One Thousand Dollars ($1,000.00) in hand paid c-6 to Grantor, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree at follows: rn 1. Permanent Water Easement. That Grantor, being the owner of the Grantor's Parcel referenced herein, does hereby grant to the City, a permanent and exclusive easement (the "Water Easement") to operate, use, maintain, locate, upgrade, repair, service, remove, or replace water lines, and other appurtenances relating to water lines, 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"). 1 • 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 right as is reasonably practicable and shall leave the Easement Premises and surrounding premises free from debris. 3. Indemnification. That the City for itself, its agent 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 of the parties' agreement, and it supersedes all prior and concurrent promises, representations, proposals, negotiations, discussions, and agreements that my 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 Sate 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. 2 i/ • 1,>• • • 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. 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 water line 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. CITY OF ELGIN, and Illinois LaSalle Bank-A.NATIONAL ASSOCIATION, Municipal Corp ation as Successor Trustee U/T/A DATED6/10/86 & KNOWN AS By: • TRU T �64 BAN NOT PERSONALLY O� B • 6�w / Mayor . .. rust icer JANF A 7n Vs- Attest: LaSalle Bank iVat+AttestoCtgin Bykrwst �tr This instrument is executed by LASALLE BANK National Association,not 3 personally but solely as Trustee,as aforesaid,in the exercise of the power Attestation not required by and author conferred upon and vested in it as such Trustee.All the terms, provisions,stipulations,covenants and conditions to be performed by LaSalle Bank National A iatt 4J LASALLE BANK NationalAssociation are undertaken by it solely asTrustee, Bylaws as aforesaid,and not individually and all statements herein made are mete on information and belief and are to be construde accordingly,and no per- sonal liability shall be asserted or be enforceable against LASALLE BANK ?ool4 K 0 5 9 3 8 6 National Association by reason of any of the terms, provisions, stipulations covenants andlor statements contained in this instrument