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Home My WebLink About04-268 Recorded A Resolution No. 04-268 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER AND WATER MAIN PURPOSES FROM PULTE HOME CORPORATION 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 Pulte Home Corporation 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: October 13, 2004 Adopted: October 13, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk 200•+K 1 •+3309 This Instrument Prepared SANDY WEGHAN by and Return After RECORDER Recording to: KANE COUNTY, IL William A. Cogley RECORDED ON 11/02/2004 03:18PN City of Elgin Legal Department REC FEE: 27.00 PAGES: 6 150 Dexter Court Elgin IL 60120-5555 � rqj ' r I EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this 2RAVday of p GT; , 2004, by and between THE CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the "City"), and PULTE HOME CORPORATION, a Michigan corporation (hereinafter referred to as the "Grantor"). WITNESSETH WHEREAS, Grantor owns the real property legally described on the Plats of Easement prepared by Manhard Consulting Ltd., of Vernon Hills, Illinois, dated July 21, 2004, attached hereto as Exhibits A-1 and A-2, in Kane County, Illinois (the "Easement Premises"); and WHEREAS, the City of Elgin desires to obtain easements from Grantor for the purpose of installing, constructing, operating, using, maintaining, locating, upgrading, repairing, replacing or removing water main improvements and other appurtenances related thereto over the Easement Premises; and WHEREAS, Grantor has agreed to grant such easements 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. Sewer and Water Easements. Grantor, being the owner of the Easement Premises, does hereby grant to the City of Elgin, an Illinois municipal corporation (the "City"), permanent and exclusive (except as set forth in Paragraph 4 hereof) easements (the "Easements") to install, construct, operate, use, maintain, locate, upgrade, repair, service, remove, or replace sanitary sewer lines and water mains, and other appurtenances relating to sanitary sewer lines and water mains, in, upon, and under the Easement Premises, labeled as "Public Utilities Easement" on Exhibit A-1 and Exhibit A-2 attached hereto. ed1est Tait 1 • 2. 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 and shall leave the Easement Premises and the surrounding area free from debris. 3. Indemnification. The City for itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor and its successors harmless from any and all 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. 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. Restrictions: Reservations. 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. Anything contained in this Agreement to the contrarty notwithstanding, it is understood that the Grantor shall have (and hereby reserves) the right to (i) construct or otherwise install surface improvements consisting of parking lot improvements, private or publicly dedicated streets and sidewalks, bicycle and pedestrian paths, and landscaping, and (ii) install utility lines and related appurtenances which cross perpendicularly through the Easement Premises as reasonably required to service the development on the Grantor's Parcel, provided that such is done in a manner which does not unreasonably interfere with the City's intended use of the Easement Premises. 5. Amendment. No amendment, revision, or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 6. Entire Agreement. 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. 7. Applicable Law. That this Easement Agreement shall be governed by and construed in accordance with the laws of the State 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 either the Easement Premises. 9. Warranty of Title. The Grantor hereby represents and vvarrants to the City that it is the fee simple title holder of the Easement Premises and that it has the full power and realest pulte eas 2 authority to enter into and make the grant of easement as provided herein. 10. Binding. This Easement Agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 11. Recording. This Easement Agreement shall be recorded by the City at the Grantor's cost with the Kane 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 libilities hereby created shall cease and be of no further force or effect. For convenience, such instrucment may run in favor of "the owner or owners and parties interested in the Grantor's Parcel. 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 PULTE HOME CORPO' • ' ON municipal corporation BY i _. . _< _iii 1/ By y�,I� Mayor l ttorney in fact Attest: Attest: "41P^-42 -Gt,w.1 By I • City Clerk STATE OF ILLINOIS ) ) SS. COUNTYOFKANE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this realest pulte eas 3 day in person and acknowledged that they signed and delivered the said instrument as their free and ► voluntary act of the uses and purposes therein set forth. Given under my hand an official seal, this Aa► day of Q ,,, , 2004 ./�_ v `�� ► ►tary ', ilic "OFFICIAL SEAL" • JENNIFER QUINTON • STATE OF ILLINOIS ) Notary Public,State of Illinois ) SS. : My Commission Expires 08/30/08 COUNTY OF KANE ) I, the undersigned, a Notary Public in and r say County, in the State aforesaid, do hereby certify that? rA.I prnu I is and ,q,'jQyh PA/Meier r , personally known to me to be attorneys in fact of PULTE HOME CORPORATION,whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as the free and voluntary act of said corporation for the uses and purposes therein set forth. Given under my hand an official seal, this 0 day ofg 2004 4,4,,,,t4ez_ _ " Notary Public 4 OFFICIAL SEAL BERNADETTE E I.111S INOTARY PUP.LIC STATE OF ILLINOIS IN .APR 5,2005 realest pulte eas 4 d " ti City of Elgin Agenda Item No. \c - ..,. - iu 4,,,, ifUVO' r I t September 17, 2004 �(�\��`\ * Ci1 TO: Mayor and Members of the City Council 1 7 3 4 OUAL11'V HOUSING FROM: David M. Dorgan, City Manager V Richard G. Kozal, Assistant Corpo ation Counsel SUBJECT: Easement Agreement for Sanitary Sewer and Water Mains Adjacent to Bowes Road and Water Road PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the acceptance of an easement agreement with Pulte Home Corporation for a sanitary sewer and water main adjacent to Bowes Road and Water Road. RECOMMENDATION It is recommended that the City Council accept this easement agreement and authorize the Mayor to execute and record the document on the City's behalf. BACKGROUND Pulte Home Corporation is constructing new residential buildings north of Bowes Road near Water Road. To serve the new dwelling with sanitary sewer and water, new mains must be constructed. The easement agreement is necessary to extend the sanitary sewer and water mains to the new residences. The proposed easement agreement, including two easement plats depicting the project location, is attached for reference. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT 19/(A._ The developer, Pulte Home Corporation, has agreed to record the easement and incur the $50.00 recording fee. f,\I‘bly/EGAL IMPACT None. Easement Agreement—Bowes Road and Water Road (Pulte) September 17, 2004 Page 2 ALTERNATIVES 1. Accept the easement as presented 2. Decline accepting the easement. This option will prohibit the city from accessing the sanitary sewer and water main at this location for future maintenance and repair. Respectfully submitted for Council consideration. Attachment RGK/rgk