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Home My WebLink About04-304 Recorded r Resolution No. 04-304 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SEWER AND WATER PURPOSES FROM BOWES AND RANDALL LLC (Randall Road and Bowes Road) 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 sewer and water purposes from Bowes and Randall 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/Ed Schock Ed Schock, Mayor Presented: November 17, 2004 Adopted: November 17, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk Cap ` 0 rZJ4K 1 553B.3 SANDY AC1 RECORDER This Instrument Prepared � � KANE COUNTY. IL by and Return After 12/0RRECORDED0ON59AM Recording to: William A. Cogley REC FEE: 26.00 City of Elgin - polo PAGES: 5 Legal Department 150 Dexter Court Elgin IL 60120-5555 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this /7Tµday of /U 0 V, , 2004, by and between the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the "City"), and BOWES AND RANDALL, LLC, an Illinois limited liability company (hereinafter referred to as the "Grantor"). WITNESSETH WHEREAS, Grantor owns the real property legally described on the Plat of Easement prepared by Western Engineering, P.C., of St. Charles, Illinois, dated July 6, 2004, attached hereto as Exhibit A, in Kane County, Illinois (the "Grantor s Parcel"); 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 underground sanitary sewer lines and water main improvements and other appurtenances related thereto under a portion or portions of the Grantors Parcel; 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 Grantor's Parcel referenced herein, 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 "Sewer and Water Easements") to install, construct, operate, use, maintain, locate, upgrade, repair, service, remove, or replace underground sanitary sewer lines and water mains, and other underground appurtenances relating to sanitary sewer lines and water mains in, upon, and under those portions of the Grantors Parcel labeled as "Northwesterly 20-foot realest srll 1 eas wide Public Utility Easement" and "Southerly 20-foot wide Public Utility Easement" on Exhibit A attached hereto. 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. The Easement Premises and surrounding premises shall be left 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 contrary 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. This Easement Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 8. Contractors. 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. The Grantor hereby represents and warrants to the City that it is realest\srllo 1.eas • 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. 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 Grantor 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 liabilities hereby created shall cease and be of no further force or effect. 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 BOWES AND RANDALL LLC municipal corporation By By: /, Y Ma or Manager Attest: 21-4'L'it-dtt City Clerk realest srllo l.eas 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, 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 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 I7-4^day of 'Vz.A , 2004. tom' Pu ,. , .....,:.- "OFFICIAL SEAL" JENNlFER QUINTON STATE OF ILLINOIS ) Notary Public,State of Illinois My Commission Expires 08'2,0'0>3 COUNTY OF KANE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that NICK SARILLO, Manager of Bowes and Randall LLC, 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 for the uses and purposes therein set forth. Given under my hand an official seal, this 6i day of Qe ✓ 2004. Notary•Public, °Oi'I CAL SEAL" -, RiC-f ARD L. HEIMB G ° N.vrafj Public,State of Illinois L• <'c;;m;rnksion Expires 07/10/06 realest'srllo l.eas VI