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HomeMy WebLinkAbout04-305 Recorded Resolution No. 04-305 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SIDEWALK 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 sidewalk 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 MV\[) a004K 1 55384 This Instrument Prepared SANDY MEGHAN by and Return After RECORDER Recording to: KANE COUNTY, IL William A. Cogley RECORDED ON ilo �, fatccwn 12/03/2004 09:59AH City of Elgin Qc Legal Department C) ' \( Cc s,i, REC PAGES: FEE: 4 25.00 150 Dexter Court �� p� Elgin IL 60120-5555 /1 C C EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this 17TH-day of ^/a t/ , 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 "Easement Premises"); and WHEREAS, the City desires to obtain an easement from the Grantor for the purpose of using, maintaining, locating, upgrading, repairing, replacing or removing a public sidewalk over the Easement Premises; 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 ($1 0.00) 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. Grantor, being the owner of the Easement Premises, does hereby grant to the City a permanent easement over the Easement Premises for the construction, alteration, maintenance, and repair of a public sidewalk located on the property of the Grantor. 2. 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. The City for itself, its agents and independent contractors, hereby agrees to realest srUlo2.eas n ,I 1 indemnify and hold Grantor and its successors harmless from any and all claims for personal injuries or property damage arising directly as a result of the City's work in the Easement Premises during construction. Pursuant to this Easement 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. 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. 5. No amendment, revision, or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 6. 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. This Easement Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 8. 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. The Grantor hereby represents and warrants to the City 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. This Easement Agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 11. This Easement Agreement shall be recorded by the City at the City's cost with the Kane County Recorder. IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above. SIGNATURES ON NEXT PAGE realest srllo2.eas 1 i • CITY OF ELGIN, an Illinois BOWES AND RANDALL LLC municipal corporation By BY Mayor Manager Attest: 01#434.v-42_ City Clerk 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 day of NervayvvA Q., 2004. N ary Publ. "OFFICIAL SEAL" JENNIFER QUINTON ' STATE OF ILLINOIS ) ; Notary Public,State of Illinois ) SS. Z My Commission Expires 08/30/08 COUNTY OF K A NE ) 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, this64day of (9c (e1P , 2004. Notary Public "OFFICIAL SEAL" RICHARD L. HEIMBE G realestsrllo2.eas Notary Public,State of Illinois My Commission Expires 07/1C/wg