HomeMy WebLinkAbout05-0323 Channing St. Recorded R 05- o3a3
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SANDY
RECORDER OMAN
14tCo ATTACHEDKANE COUNTY. IL
RECN
0a/15/20005ED10:37AM
Sandy Wegman
Kane County Recorder REC FEE: 51.00
RNSPS 10.00
S:
719 S Batavia Ave,Bldg C yr
Geneva, IL 60134 .
630-232-5935
Recording Cover Page
This page added for the purpose of affixing Recording Information.
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EXHIBIT D
FORM OFJINGGRESS/EGRESS AND PARKING EASEMENT
THIS EASEMENT AGREEMENT made and entered into this 13r ci day of� c.N ,
2005, by and between the Board of Education of School District U-46, Kane, Cook and DuPage
Counties, Illinois (hereinafter referred to as the "Grantor"), and the City of Elgin, its successors
and assigns (hereinafter referred to as the"Grantee").
WITNESSETH
WHEREAS, the Grantor owns the real property depicted on Exhibit 1 hereto, in the City
of Elgin, Kane County, Illinois and legally described as follows (the"Easement Premises"):
THAT PART Of THE SOUTH HALF OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE AFORESAID POINT OF BEGINNING; THENCE SOUTH 89
DEGREES 57 MINUTES 52 SECONDS WEST, ALONG AFORESAID LINE " A", A
DISTANCE OF 351.21 FEET FOR THE POINT OF BEGINNING OF SAID EASEMENT;
THENCE SOUTH 00 DEGREES 02 MINUTES 08 SECONDS EAST, PERPENDICULAR TO
THE LAST DESCRIBED COURSE, A DISTANCE OF 71.85 FEET TO THE INTERSECTION
WITH A LINE THAT IS 71.85 FEET, AS MEASURED PERPENDICULAR, SOUTHERLY
OF AND PARALLEL TO SAID LINE "A"; THENCE SOUTH 89 DEGREES 57 MINUTES 52
SECONDS WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 154.33 FEET;
THENCE NORTH 00 DEGREES 02 MINUTES 08 SECONDS WEST, PERPENDICULAR TO
THE LAST DESCRIBED COURSE, A DISTANCE OF 71.85 FEET TO SAID LINE "A";
THENCE NORTH 89 DEGREES 57 MINUTES 52 SECONDS EAST, ALONG SAID LINE
"A", A DISTANCE OF 154.33 FEET TO THE POINT OF BEGINNING, IN THE CITY OF
ELGIN, KANE COUNTY, ILLINOIS.
and
WHEREAS, Grantor has agreed to grant easements for the purpose of providing ingress
and egress to that certain parcel or real property owned by Grantee and located adjacent to
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Grantor's Channing Elementary School facility in the City of Elgin, Illinois, which real property
is legally described on Exhibit 1 hereto (the "Benefited Parcel").
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. Grant of Easement. Grantor, being the owner of the Easement Premises
referenced herein, does hereby grant to the Grantee, its successors, assigns, invitees, employees,
customers and others, a perpetual, permanent and nonexclusive easement over and upon the
Easement Premises and the Grantor's roadway improvements (the "Access Roadway") and
parking lot (the "Parking Lot") constructed thereon for the purpose of providing (a) vehicular
access to the Benefited Parcel from the alley adjacent to Channing Street and (b) parking
facilities for users of the Benefited Parcel, all as depicted in Exhibit 1. This grant of easement
shall entitle the Grantee to use the Access Roadway and Parking Lot in connection with
Grantee's recreational activities in and upon the Benefited Parcel, subject to the conditions and
limitations set forth herein. Vehicular access to and use of the Easement Premises by Grantee
shall be limited to non-commercial passenger vehicles of intended users of the Benefited Parcel
and shall not materially interfere with Grantor's use of the Easement Premises in connection with
its school activities.
GRANTOR MAKES NO REPRESENTATION OR WARRANTY AS TO ITS RIGHTS
IN, OR TO THE USE OF, THE ALLEY LOCATED BETWEEN CHANNING STREET AND
THE ENTRANCE TO THE EASEMENT PARCEL.
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2. Maintenance of Access Roadway and Parking Lot. Grantor, at its sole expense,
shall be responsible for maintaining the Access Roadway and the Parking Lot in good repair
against normal wear and tear, including snow removal. In the event that Grantee's permitted use
of the Easement Premises causes damage beyond normal wear and tear to the Access Roadway
or the Parking Lot, the parties will negotiate in good faith for an equitable apportionment of the
costs of required repair or reconstruction of those areas.
3. Indemnification. Grantee for itself, its agents and independent contractors, and its
permitted users of the Easement Parcel, hereby agrees to indemnify and hold Grantor, its Board
of Education and Board members, and their successors, harmless from any and all claims for
personal injuries or property damage (except claims of Grantor) arising directly as a result of the
Grantee's use of the Easement Premises.
4. Restrictions: Reservations. Grantee and Grantee's successors shall not undertake
any other activities on the Easement Premises which unreasonably interfere with the Grantor's
intended use of the Easement Premises for school purposes. Anything contained in this
Agreement to the contrary notwithstanding, it is understood that the Grantor shall have (and
hereby reserves) the right to install utility lines over, across, upon, and under the Easement
Premises, so long as the construction and installation of such improvements or utilities does not
impede or interfere with Grantee's rights hereunder.
5. Amendment. No amendment, revision, or modification hereof shall be effective
unless it is in writing and signed by all parties hereto.
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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. This Easement Agreement 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. Binding. This Easement Agreement shall be binding on the parties hereto, their
successors and permitted assigns and shall run with the land.
9. Recording. This Easement Agreement shall be recorded by the Grantee at the
Grantee's cost with the Kane County Recorder of Deeds.
10. 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 Grantee 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.
11. Release of Easement. The Grantee 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.
12. Expiration of Easement. This easement shall be perpetual in duration, except as
otherwise terminated herein.
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13. Default. In the event of a default by either party under this Agreement, the non-
defaulting party shall be entitled to pursue all available remedies in law or in equity, including
but not limited to specific performance and injunctive relief, and shall be entitled to recover all
costs and expenses, including reasonable attorneys fees, incurred in such legal action.
IN WITNESS WHEREOF, the parties have entered into and executed this Easement
Agreement on the date and year first written above.
BOARD OF EDUCATION OF SCHOOL CITY OF ELGIN
DISTRICT U-46, Kane, Cook and DuPage
Counties, Illinois
By: P.sn By: eamemot
President Mayor
Attest: Attest: Ei 4l-e.-c .1--
Secretar Clerk
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STATE OF ILLINOIS )
SS.
COUNTY OF KANE )
I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do
hereby certify I (A.t'ne , President of the Board of Education of School District U-46,
Kane, Cook and DuPage Counties, Illinois, and P6 -J-r(.tk c+L/:c6 , Secretary of said
Board of Education,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
herein set forth.
Given under my hand an official seal, this,29 nol day of H.Gt-►'A, 2005.
OFFICIAL SEAL
KATHERINE L FRISBIE
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES:061256107 j�f &Ce
Notary Public
TE OF ILLINOIS )
SS.
COUNTY C KANE )
I, the unders =•ed, a Notary Public, in and for said County, in • - State aforesaid, do
hereby certify s - _AN,.N,. and Pct,- r;6 k R c cperso • known to me to be the ()It/
Mayor and City Clerk of the + of Elgin, and the same perso•: hose names are subscribed to
the foregoing instrument, appeare• : -fore me this day '• •erson and acknowledged that they
signed and delivered the said instrument . - heir free • • voluntary act of the said corporation for
the uses and purposes herein set forth.
Given under my hand . ► • ficial seal, thi - rG/ day of Fla j_, 2005.
OFF A. A.
KATHE L FRISBEE Notary Public
NOTARY -STATE OF'uses
MY . • E RES:06125J07
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TE OF ILLINOIS )
) SS.
COUNT : KANE )
I, the under ': ed, a Notary Public, in and for said County, e State aforesaid, do
hereby certify , President of the Board of Ed •. ion of School District U-46,
Kane, Cook and DuPage Cs . sties, Illinois, and , Secretary of said
Board of Education, personally kno, to me to be the :.me persons whose names are subscribed
to the foregoing instrument, appeared b- •re m- is day in person and acknowledged that they
signed and delivered the said instrument a - free and voluntary act of the uses and purposes
herein set forth.
Given unde - y hand an official seal, this day of , 2005.
Notary Public
STATE OF ILLINOIS )
) SS.
COUNTY OF KANE )
I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do
hereby certify Ed Schock and Dolonna Mecum , personally known to me to be the
Mayor and City Clerk of the City of Elgin, and 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 said corporation for
the uses and purposes herein set forth.
Given under my hand an official seal, this 1 , Sal day of Int;cleN , 2005.
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"oFFICIA I SEAL'.
JENNIFER(JON rON /
g N tary Public,St 2:E,01 ,!
My Commission cxp.re,05/3(41)4 otary ' • 'lie
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EXHIBIT 1 TO INGRESS/EGRESS AND PARKING EASEMENT
PLAT OF SURVEY
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City of Elgin Memorandum
Date: October 11, 2005
To: Loni Mecum, City Clerk
From: William A. Cogley, Corporation Counsel
Subject: Ingress and egress and parking easement over a portion of the Charming School
property
Attached for the City Clerk's files is the original recorded Ingress/Egress and Parking Easement
Agreement between School District U-46 and the City of Elgin. Such easement document was
recorded with the Kane County Recorder on August 15, 2005 as Document 2005K094402.
The easement grants the city an ingress and egress and parking easement over a portion of the
Charming School property described in the easement and depicted on the attached plat of
easement. Such easement was granted to the city in conjunction with a conveyance from the
school district to the city of the adjacent portion of the Charming School property.
WAC
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Attachment
cc: Dave Lawry(w/attachment)
John Loete (w/attachment)
Randy Reopelle (w/attachment)
Michael R. Gehrman
Richard G. Kozal