HomeMy WebLinkAbout04-95 Recorded h
Resolution No. 04-95
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
FOR WATER MAIN PURPOSES FROM
MATSUSHITA ELECTRIC CORPORATION OF AMERICA
(1707 N. Randall 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 water main purposes from Matsushita Electric Corporation of
America 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 14, 2004
Adopted: April 14, 2004
Vote: Yeas: 5 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
.
0041-02!)59387
SANDY WEGfAN
RECORDER
MAP ATTACHED KANE COUNTY, IL
RECON
05/11/2004ED09:30AM
4/1/0 4 REC FEE: 40.00
This Instrument Prepared PAGES: 19
By and Return After
Recording to:
William A. Cogley
City of Elgin
6kWI150
Legal Department
Dexter Court
Elgin, IL 60120-5555
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made and entered into this
j5/7({ day of April , 2004 , by and between the City of Elgin, an
Illinois municipal corporation, (hereinafter referred to as the
"City" ) , and Matsushita Electric Corporation of America, a
Delaware corporation (hereinafter referred to as the "Grantor" ) .
WITNESSETH
WHEREAS, Grantor owns the real property located in the
City of Elgin, Illinois, legally described on Exhibit A and
depicted as 20 foot utility easement on Exhibit B attached
ch
hereto (such property is hereinafter referred to as the
C "Easement Premises" ) ; and
WHEREAS, Grantor owns the real property located in the
City of Elgin, Illinois, legally described on Exhibit C and
depicted on Exhibit D attached hereto (such property is
p00B ORiG tiAL JO-
Recorder Not R
1 For Reproductions
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 an
easement in the Easement Premises and a temporary construction
easement in the Temporary Easement Premises pursuant to the
terms and conditions of this Easement Agreement .
NOW, THEREFORE, for and in consideration of Sixty-Two
Thousand Dollars ($62 , 000) in hand paid to Grantor, and other
good and valuable consideration, the sufficiency of which is
hereby acknowledged, the parties hereto agree 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 a water
main and all appurtenances relating thereto, in, through, under
and upon the Easement Premises .
2 . That Grantor hereby also grants and conveys to the
City a Temporary Construction Easement in and upon the Temporary
Construction Easement Premises for the purposes of installation
and construction of the aforementioned water main and all
appurtenances relating thereto in and upon the Easement
Premises . Such Temporary Construction Easement shall terminate
- 2 -
twelve (12) months after the date of recording of this Easement
Agreement .
3 . That it is agreed and understood that mechanical
controls to be located in the Easement Premises which are above
the ground surface shall be limited to hydrants as shown on the
plans developed by Alvord, Burdick & Howson, L.L. C. attached
hereto and incorporated herein as Exhibit E attached hereto .
4 . That during and as part of the construction of the
improvements to be constructed within the Easement Premises it
is agreed:
A. The City shall provide replacement vegetation per
Exhibit E. The City warrants that all such replacement
vegetation shall survive for a period of twenty-four (24) months
after planting or shall be replaced by identical vegetation if
it does not survive for such period. The Grantor reserves the
right to remove an existing row of evergreens and bushes from
the Easement Premises and Temporary Easement Premises .
B. The City shall replace any damaged sprinkler
irrigation system portions with like materials of equal value in
accordance with plans and specifications approved by Grantor so
that said sprinkler irrigation system is returned to its
condition prior to such damage .
- 3 -
C . All grass damaged or removed by the City shall be
replaced with reasonable quality sod approved by Grantor' s
landscape contractor on a twelve (12) inch base of virgin
topsoil . The City shall be responsible for daily watering of
such sod until forty-five (45) days after planting at the City' s
cost with water not metered to Grantor. The City warrants that
all such sod shall survive for a period of twenty-four (24)
months after planting or shall be replaced by identical sod if
it does not survive for such period.
D. The berm height for the Easement and Temporary
Easement Premises shall be the same as the current topography,
which the City shall maintain in stable condition for two years
from the date of this agreement .
E. In the event any of the oak trees located near the
northeast corner of the property described in Exhibit C are
damaged by the City or do not survive as a result of activities
conducted by the City pursuant hereto for at least sixty (60)
months from the completion of the City' s installation of the
water main pursuant to Section 1 above, the City agrees to
replace each such tree with an oak tree having a trunk at least
six (6) inches in diameter.
F. The City shall install environmental silt fences
in all construction areas during construction.
- 4 -
•
G. The City shall sweep all asphalt roadways made
dusty from any work, weekly, or more frequently as required, by
Elgin Sweeper Machine . The City shall wet down all dusty areas
in accordance with Illinois Environmental Protection Standards .
No construction usage shall be permitted on asphalt roadways and
parking areas .
H. Notwithstanding anything set forth herein to the
contrary, construction equipment shall not be parked or left
idling in front of the 1707 Atrium Building entrance for a
distance of one hundred (100) yards on either side of the
flagpoles located thereon.
I . The City shall provide Grantor with certificates
of insurance obtained from all of its contractors and their
subcontractors retained with respect to the work performed
pursuant hereto, in the form attached hereto and made a part
hereof as Exhibit F.
J. The City shall immediately report all
environmental incidents, personal injury and property damage
caused by the City or its agents, contractors or their
subcontractors in writing to Grantor.
K. At least thirty (30) days prior to commencement of
construction hereunder, the City shall provide Grantor with a
complete listing of all contractors and their subcontractors
- 5 -
•
performing work in connection with the construction of the
initial improvements to be constructed within the Easement
Premises . Following submission of the above referenced listing
of contractors and subcontractors to Grantor, should the city
add or substitute any contractor or subcontractor performing
work pursuant to this Agreement, the City shall provide Grantor
with not less than ten (10) days prior written notice of such
change .
L. At least thirty (30) days prior to commencement of
construction hereunder, the City shall provide Grantor with a
project manager' s name for use as a contact in handling all
construction matters and incidents .
M. At least thirty (30) days prior to commencement of
construction hereunder, the City shall provide Grantor a
construction timeline and working hour schedules . The City
shall provide monthly written progress reports to Grantor.
N. All construction worker vehicle parking shall be
confined to the work site as depicted in the drawing attached
hereto and made a part hereof as Exhibit G.
5 . The City shall indemnify, defend and hold harmless
the Grantor from and against any and all third party suits,
causes of action, claims for damages and any and all other
liability and costs incurred as a result thereof, including,
- 6 -
•
without limitation, attorney' s fees arising out of or in
connection with any negligent acts or omissions of the City or
the City' s agents or contractors in connection with the City' s
exercise of its rights hereunder or any default by the City
hereunder. In the event of any such suit , cause of action,
claim for damages or other liability which is covered by the
foregoing duty to indemnify, defend and hold harmless Grantor
shall promptly tender defense of such matter to the City, which
shall defend any and all such actions with counsel of the City' s
own choosing and reasonably acceptable to Grantor.
6 . Grantor shall not construct any buildings,
structures or other physical improvements on the Easement
Premises except as specifically provided for herein, nor
undertake any other activities which unreasonably interfere with
the Easement Premises and the City' s intended use thereof .
Grantor shall be entitled to construct improvements such as
parking areas, access ways, fences and signage on the Easement
Premises . The City shall provide Grantor with a copy of "as
built" drawings depicting the installation of the water main and
all appurtenances relating thereto, in, through, under and upon
the Easement Premises at the time of completion of the initial
improvements .
- 7 -
7 . That, except for the improvements contemplated by
Section 1 of this Easement Agreement, following the exercise by
the City of any easement rights granted herein, the City shall
promptly repair and restore the Easement Premises, Temporary
Easement Premises and all other real property owned by Grantor
and affected thereby to the same condition as existed
immediately prior to the exercise of such rights .
8 . That no amendment, revision or modification hereof
shall be effective unless it is in writing and signed by all of
the parties hereto.
9 . That this agreement shall be governed by and
construed in accordance with the laws of the State of Illinois .
10 . 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 .
11 . That the Grantor hereby represents and warrants to
the City it is the fee simple title holder of the Easement
Premises subject to all matters of record and that it has full
power and authority to enter into and make the grant of easement
as provided herein.
12 . That the City hereby represents and warrants to
Grantor that it has full power and authority to enter into and
perform its obligations under this Easement Agreement,
- 8 -
•
including, without limitation, the indemnity under Section 5
above .
13 . That this agreement shall be binding on the
parties hereto, their successors and permitted assigns and shall
run with the land. The City shall not assign any rights or
delegate any duties provided by this Agreement .
14 . The City agrees to have City staff meet with the
Grantor to assist the Grantor in developing a master signage
plan and an application therefor for Grantor' s frontage location
for its building at 1707 N. Randall Road, Elgin, Illinois .
15 . That this 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 .
CITY OF ELGIN, an Illinois MATSUSHITA ELECTRIC CORPORATION
municipal corporation OF AMERICA
By By
Mayor Its Executive V.P. and C.F.O.
Attest :
City Clerk
- 9 -
•
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. f(
Given under my hand an official seal , this b{` ) day
of , 2004 .
Notary P blic
"OFFICIAL SEAL"
STATE OF I-L-��A ) NANCY ROLL
Notary Public,State of Illinois
S S . My Commission Expires 08/11 t05
COUNTY OF ) y`�
I , the undersigned, a Notary Public, in and for said
County, in the State aforesaid, do hereby certify that
c,eAt , Its, ec. VP -t 04=0 , 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.
Gi en under my hand an official seal , this ij" day
of , 2004 .
N tary Pub ' c
F:\Legal Dept\Agreement\Easement-Panasonic.2.do
GERALYN TIMMINS
NOTARY PUBLIC OF NEW JERSEY
My Commission Expires April 28,2009
- 10 -
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EXHIBIT
20.00 FOOT UTILITY EASEMENT
THAT PART OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 42 NORTH, RANGE 8 EAST OF
THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST
CORNER OF SAID NORTHWEST 1/4 OF SECTION 32; THENCE NORTH 1 DEGREE, 51 MINUTES,
04 SECONDS EAST, ALONG THE EAST LINE OF SAID NORTHWEST 1/4, A DISTANCE OF
I 616.24 FEET TO THE POINT OF INTERSECTION WITH THE SOUTHWESTERLY LINE OF THE
ILLINOIS STATE TOLL HIGHWAY AS MONUMENTED, BEING THE POINT OF BEGINNING OF THE
FOLLOWING DESCRIBED STRIP OF LAND; THENCE NORTH 58 DEGREES, 15 MINUTES, 38
SECONDS WEST, ALONG SAID SOUTHWESTERLY LINE (HEREBY DESIGNATED AS LINE "A"),
768.32 FEET; THENCE NORTHWESTERLY, ALONG THE SOUTHWESTERLY LINE OF LAND
CONVEYED BY WARRANTY DEED RECORDED SEPT 29, 1988 AS DOC I 1934642 AS FOLLOWS:THENCE NORTH 61 DEGREES, 41 MINUTES, 39 SECONDS WEST, ALONG A LINE HEREBY
DESIGNATED AS LINE "B", 500.90 FEET; THENCE NORTH 58 DEGREES, 04 MINUTES, 38
SECONDS WEST, ALONG A LINE HEREBY DESIGNATED AS LINE "C", 446.22 FEET; THENCE
NORTH 85 DEGREES, 07 MINUTES, 37 SECONDS WEST, ALONG A SOUTHERLY LINE OF SAID
DEED, 43.98 FEET; THENCE SOUTH 58 DEGREES, 04 MINUTES, 38 SECONDS EAST, ALONG
A LINE DRAWN 20.00 FEET SOUTHERLY OF AND PARALLEL WITH SAID LINE "C", 486.02 FEET,
THENCE SOUTH 61 DEGREES, 41 MINUTES, 39 SECONDS EAST, ALONG A LINE DRAWN 20.00 FEET
SOUTHERLY OF AND PARALLEL WITH SAID LINE "B", 500.93 FEET, THENCE SOUTH 58 DEGREES,
15 MINUTES, 38 SECONDS EAST, ALONG A LINE DRAWN 20.00 FEET SOUTHERLY OF AND
PARALLEL WITH SAID LINE "A", 779.21 FEET TO THE POINT OF INTERSECTION WITH THE
AFORESAID EAST UNE OF THE NORTHWEST 1/4 OF SECTION 32; THENCE NORTH 1 DEGREE,
51 MINUTES, 04 SECONDS EAST, ALONG SAID EAST LINE, 23.08 FEET TO THE HEREIN ABOVE
DESCRIBED POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS
I CONTAINS 34816 S.F. OR 0.7993 ACRE
P.I.N. 03-32-100-012
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ALVORD, BURDICK & HOWSON
ENGINEERS CHICAGO
SEPTEMBER 17, 2002
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EXHIBIT
—41 SOUTH LINE OF N 1/2 OF NW 1 OF NW 1/4 OF SEC 32-42-8
600.50' `
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LAND CONVEYED BY DEED �h
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RECORDED SEPT 29, 1988 hC
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593.16 Fa}NORTH OF
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ALVORD, BURDIL
ENGINEERS
SEPTEMBER
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EXHIBIT
30.00 FOOT TEMPORARY CONSTRUCTION EASEMENT
THAT PART OF THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 42 NORTH, RANGE 8 EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST
CORNER OF SAID NORTHWEST 1/4 OF SECTION 32, THENCE NORTH 1 DEGREE 51 MINUTES 04
SECONDS EAST, ALONG THE EAST LINE OF SAID NORTHWEST 1/4, A DISTANCE OF 593.16
FEET TO THE POINT OF INTERSECTION WITH A LINE DRAWN 20.00 FEET SOUTHWESTERLY OF
AND PARALLEL WITH THE SOUTHWESTERLY LINE OF THE ILLINOIS STATE TOLL HIGHWAY AS
MONUMENTED, BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED STRIP OF
LAND; THENCE NORTH 58 DEGREES, 15 MINUTES, 38 SECONDS WEST, ALONG SAID PARALLEL
LINE(HEREBY DESCRIBED AS LINE "A") 779.21 FEET; THENCE NORTHWESTERLY, ALONG LINES
DRAWN 20.00 FEET SOUTHWESTERLY OF, AND PARALLEL WITH THE SOUTHWESTERLY LINE OF
LAND CONVEYED BY WARRANTY DEED RECORDED SEPT 29, 1988 AS DOCUMENT #1934642 AS
FOLLOWS: THENCE NORTH 61 DEGREES, 41 MINUTES, 39 SECONDS WEST, ALONG A LINE HEREBY
DESIGNATED AS LINE "Be, 500.93 FEET; THENCE NORTH 58 DEGREES, 04 MINUTES, 38 SECONDS
WEST, ALONG A LINE HEREBY DESIGNATED AS LINE "C", 486.02 FEET, THENCE NORTH 85
DEGREES, 07 MINUTES, 37 SECONDS WEST, ALONG A SOUTHERLY LINE OF SAID DEED, 65.97
FEET; THENCE SOUTH 58 DEGREES, 04 MINUTES, 38 SECONDS EAST,ALONG A LINE DRAWN 30.00
FEET SOUTHWESTERLY OF AND PARALLEL WITH SAID LINE "C", 545.72 FEET; THENCE SOUTH 61
DEGREES, 41 MINUTES, 39 SECONDS EAST, ALONG A LINE DRAWN 30.00 FEET SOUTHWESTERLY
OF AND PARALLEL WITH SAID LINE "B", 500.98 FEET; THENCE SOUTH 58 DEGREES, 15 MINUTES,
38 SECONDS EAST, ALONG A LINE DRAWN 30.00 FEET SOUTHWESTERLY OF AND PARALLEL 1MTH
• SAID LINE " A", 795.56 FEET TO THE POINT OF INTERSECTION WITH THE AFORESAID EAST LINE
OF THE NORTHWEST 1/4 OF SECTION 32; THENCE NORTH 1 DEGREE, 51MINUTES, 04 SECONDS
- • EAST, ALONG SAID EAST LINE, 34.60 FEET TO THE HEREIN ABOVE DESCRIBED POINT OF
BEGINNING, IN KANE COUNTY, ILLINOIS
CONTAINS 54126 S.F. OR 1.2426 ACRES
P.I.N. 03-32-100-012
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ALVORD, BURDICK & HOWSON
ENGINEERS CHICAGO
SEPTEMBER 17, 2002
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SOUTH 111E OF N 1/2 C>F kW 1/ CIF NW 1/4 OF SEC 32-42-8
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AS DOC j1934642 •
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e•1 1. FROM STA.14+00 TO STA.15+75 3. TREES WITHIN TEMPORARY CONSTRUCTION 5. EROSION CONTROL FACILITIES SHALL BE
in 'PANASONIC MATSUSHITA ELECTRIC CORPORATION OF AMERICA PROPERTY I
DAMAGED GRASS AREAS SHALL BE EASEMENT SHALL BE PROTECTED NTH INSTALLED AND MAINTAINED UNTIL SUFFICIENT
REPLACED WITH ILLINOIS STATE TOLL FENCING AS SHOWN IN DETAIL SHEET VEGETATIVE COVER HAS BEEN ESTABLISHED
e SSEEING.AY AUTHORITY APPROVED GRASS 4. INSTALL SILT FENCE AND EROSION CONTROL TO PREVENT SURFACE EROSION.
al2. FROM STA.15+75 TO STA.28+00 FACILITIES AS REQUIRED.
- DAMAGED GRASS AREAS SHALL BE
r a REPLACED VATH SOD.
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Al VO R_D B U R D I C K & H 0 WS 0\ L.L.C. FOX LANE AND RIVERSIDE WATER TREATMENT PLANT SHEET TITLE SCALES DATE INITIAL REVISIONS _
50' 0 5D' low11-11-02 RM RENEW REVISIONS BY OWNER
— _ _-.Z. TO STATE STREET WATER MAINS FOX LANE WATER MAIN HORZ rii — — 12-19-02 RM PERMIT RENSIONS
w 1•• wA.\r•l■1AYrfnr�y■rvl■Irr.i=alAIIr.1�r.►Y• CITY OF ELGIN, ILLINOIS PLAN AND PROFILE �T 5 4'3'2'1'0 5' 10' 8-5-03 RN ADVERTISE TO BID
I IMF W •IN 17I\'IMAM 7MI LIOW.IK 1..I I\111II1.s.11•10,1-INENA,/..M
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8
8 8 8 8 8 8 8 8 8 8 8
n 'n : n n n n n 9 2 $ cIDQ74 H.4?) 38-7
ot
SANDY WEGHAN
RECORDER
KANE COUNTY, IL
I
-� 1 I-•'j RECORDED ON
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05/11/2004 09:30A17
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Cato 66 f REC FEE: 40.00
�� �� PAGES: 19
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AP••� STA. 75 +
2.EROSION CONTROL FACILITIES SHALL BE
INSTALLED AND MAINTAINED UNTIL SUFTTCIENT
IPANASONIC MATSUSHITA ELECTRIC CORPORATION OF AMERICA PROPERTY IP do K PROPERTY TO PRETEN COVER HAS BEEN ESTABLISHED
TO PREVENT SURFACE EROSION.
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ALVORD BURDICK (Sc HOWSO\I L.LC. FOX LANE AND RIVERSIDE WATER TREATMENT PLANT SHEET TITLE SCALES DATE INITIAL REVISIONS SHEET NO.
50' 0 50' 100• 11-11-02 RU REVIEW REVISIONS BY OMHER
a== TO STATE STREET WATER MAINS FOX LANE WATER MAIN HORIZ. G — — 12-19-02 RM PERMIT REVISIONS 7
--1'• —'���"'�t��t�l'�~,�"1�1~~�T �-'�a��` CITY OF ELGIN, ILLINOIS PLAN AND PROFILE 5.4.3•Y Y 0 s ,o• 8-5-03 RY ADVERTISE To BO J
IP AMPfl, MI 111\74•A[PPI7•1c44,�lcvnY11111 11►4�17N� VERT. — —
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