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Home My WebLink About04-218 Recorded • Resolution No. 04-218 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM HARTWELL DEVELOPMENT, LLC 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 water main purposes from Hartwell Development,LLC 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/Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: July 28, 2004 Adopted: July 28, 2004 Vote: Yeas: 5 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk 212)ei4i-G 1 1 i2t3E,7 t SANDY WEGfAN RECORDER KANE COUNTY, IL RECORDED ON This Instrument Prepared 08/19/2004 11:1201 By and Return After REC FEE: 39.00 Recording to: PAGES: 5 0)6\ William A. Cogley V, City of Elgin Mop ATTACHED GLegal Department 150 Dexter Court Elgin, IL 60120-5555 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made and entered into this Xilfday of 4--ui.. l/ , 2004, by and between the City of Elgin, an Illinoi�s// municipal corporation, (hereinafter referred to as the "City") , and Hartwell Development, LLC. , an Illinois limited liability company(hereinafter .referred to as the "Grantor") . WITNESSETH WHEREAS, Grantor owns the real property located in the City of Elgin, Illinois, legally described and depicted as 10 foot wide permanent easement on Exhibit-1 attached hereto (such property is hereinafter referred to as the "Easement Premises") ; and WHEREAS, Grantor owns the real property located in the City of Elgin, Illinois legally described and depicted as 10 foot temporary construction easement on Exhibit-1 attached hereto (such property is hereinafter referred to as the "Temporary Easement Premises") ; and WHEREAS, the parties have determined that it is in their best interests for Grantor to grant to the City easements in the Easement Premises and the Temporary Easement Premises pursuant to the terms and conditions of this Easement Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and of other goods and valuable consideration, receipt of which Owners and the City acknowledge, it is hereby agreed as follows: 1 . That Grantor hereby grants and conveys to the City of Elgin, an Illinois municipal corporation, a permanent and exclusive easement to install, construct, operate, use, maintain, repair, service, upgrade, replace or remove public utilities, including but not limited to a water main, and .(--3(A appurtenances relating thereto, in, through, under and upon the Easement Premises. 2. That Grantor hereby also grants and conveys to the City Temporary Construction Easements in and upon the Temporary Construction Easement Premises for the purposes of installation and construction of the aforementioned public utilities, including but not limited to, a water main in and upon the Easement Premises . Such Temporary Construction Easements shall terminate thirty (30) days after the date of final completion of construction of the Water Main. 3 . The City shall install a valve and eight (8) inch diameter stub in two locations at such points of connection as a part of the Lawrence Avenue to Airlite Water Main project. The City warrants to Owner that any connection to the water main for the development of Real Estate as herein set forth may be accomplished without the installation of any pressure-regulating devices. 4 . That the Grantor shall not construct any buildings, structures or other physical improvements on the Easement Premises, nor undertake any other activities which unreasonably interfere with the Easement Premises and the City' s intended use thereof. 5. That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the Easement Premises and the Temporary Easement Premises to the same conditions as existed immediately prior to the exercise of such rights as are reasonably practicable. 6. That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all of the parties hereto. 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 the Easement Premises and the Temporary Easement Premises. 9. That the Grantor hereby represents and warrants to the City it is the fee simple title holder of the Easement Premises and the Temporary 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 Kane County Recorder. - 2 - 2 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 Hartwell Development, LLC municipal corporation an Illinois limited liability company By � s By k, 4 Mayor T as Ha well, Attest: Attest: - City Clerk Secretary 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 ,90`1 day of nu cats+ , 2004 . FF 1C4�' y4 � ., Notary Public, City'�Clerk i "OFFICIAL SEAL" CHERYL DEARING j Notary Public,State of Illinois My Commission Expires 07/23/06 — 3 - \•��r\fir \'��i4Frts�!i!�y�$.�� 3 STATE OF ILLINOIS ) SS. COUNTY OF K A N E I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that 170.,„1 ,4s /►1. /40,�7-1.JGpL, , President, is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act of the uses and purposes therein set forth. T� ive ff: al under my han. o se 1, is �9 day of nit - , 2004. Notary Public, Corporate Secretar OFFICIAL SEAL nor VEI KO$ E NOTARY PUBLIC,STATE Of ILLINOIS MY COMMISSION EXP,AI$O7/SS/OS • F:\General Services/Water/Easements/Hartwell Development LLC.doc — 4 - Mg K I 10367 L,(