HomeMy WebLinkAbout05-1212 Fire Station 7 o5- 1 1-D
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ti Memorandum
City of Elgin
IL,
Date: December 13, 2005
To: Loni Mecum, City Clerk
From: William A. Cogley, Corporation Counsel •
Subject: Right of Entry Agreement for Proposed Fire Station #7 Site
Attached for the city clerk's file is an originally fully executed copy of the above-referenced
agreement.
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Attachment
Nov-18-2005 10:10am From-BRADY JENSEN 8476953243 T-678 P.003/006 F-504
R.IGJT OF ENTRY AGREEMENT
December
THIS AGREElvIENT made and entered into this 12th day of�taeri 2005, 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
"Pulte"),
WHEREAS, Pulte is the owner of certain real estate located between future
Longcommon Parkway and South Water Road containing 3.46 acres, more or less, such property
being depicted on Exhibit l attached hereto and legally described on Exhibit 2 attached hereto
(hereinafter referred to as the "Subject Property"); and
WHEREAS, the City is contemplating the acquisition of the Subject Property from Pulte
for the purpose of constructing a new fire station thereon.
NOW, THEREFORE, in consideration of the mutual promises of the parties contained
herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto hereby agree as follows;
1. Pulte hereby authorizes the City and its employees, agents or contractors to enter upon
the Subject Property for the purposes of inspecting and examining the Subject Property,
including, but not limited to, conducting soil borings and soil testing. The City and its
agents, contractors, employees or invitees shall conduct their activities on the Subject
Property in an orderly and lawful manner, securing at their own expense all required
permits and licenses. The City agrees that following any such inspections, soil borings or
soil testing to return the Subject Property to its preexisting condition to the extent as is
reasonably practicable.
2. The City shall have the right to enter upon the Subject Property for the purpose described
herein commencing on November 28, 2005 and terminating on the earlier of(a) 24 hours
written notice by Pulte, or(b) May 1, 2006.
3. The City agrees to pay and to protect, indemnify and hold harmless Pulte from and
against any and all liabilities, damages, costs, expenses (including reasonable attorney's
fees), causes of action, suits, claims, demands or judgments of any nature whatsoever to
the extent arising from the following:
(a) Any work or thing done by the City or at its direction in, on or about the
Subject Property pursuant to this Agreement;
(b) Injury to, or the death of persons or damage to property on the Subject
Property in connection with the City's activities on the Subject Property
pursuant to this agreement; or
Nov-18-2005 10:10am From-BRADY JENSEN 8476953243 T-678 P.004/006 F-504
• '►
(c) Any negligence on the part of the City or any of its agents, contractors,
servants, employees, licensees, or invitees in connection with this
agreement.
4. The grant of the right of entry to the City by Pulte shall not be assignable and not confer
any estate, title or exclusive possessory rights in the Subject Property to the City, and
. may be terminated upon 24 hours written notice by Pulte to the City, provided the
provisions of section 3 hereof shall survive termination of this right of entry.
IN WITNESS WHEREOF, the parties hereto have executed this Right of Entry
Agreement as of the clay and year first written above.
CITY O GIN PULTE HOME CORPO ION
By: ` By:
City Mana e'
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Nov-18-2005 10.;11am From-BRADY JENSEN 8476953243 T-678 P.006/006 F-504
11/10/.20-06\I0:04 FAX 18476340095 MANSARD CONSULTING uuJ
LEGAL DESCRIPTION OF PROPOSED FIRE STATION
EDGEWATER DEVELOPMENT
HUNTLEY, ILLINOIS
THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29,
TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KANE
COUNTY, ILLINOIS DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER THENCE;
NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST,535.09 FEET ALONG THE WEST
LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER;THENCE NORTH 88
DEGREES 55 MINUTES 24 SECONDS EAST,33.00 FEET TO A POINT ON A LINE 33,00
FEET EASTERLY OF AND PARALLEL WITH THE LAST DESCRIBED COURSE,SAID POINT
BEING THE POINT OF BEGINNING;THENCE NORTH 01 DEGREES 04 MINUTES 36
SECONDS WEST, 725,00 FEET ALONG SAID PARALLEL LINE;THENCE NORTH 88
DEGREES 55 MINUTES 24 SECONDS EAST,209.50 FEET;THENCE SOUTH 071 DEGREES
04 MINUTES 36 SECONDS EAST,556.83 FEET TO A POINT OF CURVATURE;THENCE
SOUTHERLY 160.56 FEET ALONG THE ARC OF SAID CURVE CONCAVE WESTERLY
HAVING A RADIUS OF 460.00 FEET,A CHORD BARING SOUTH 08 DEGREES 56 MINUTES
22 SECONDS WEST AND A CHORD DISTANCE OF 159.75 FEET;THENCE SOUTH 18
DEGREES 55 MINUTES 21 SECONDS WEST, 16.80 FEET TO A POINT OF CURVATURE;
THENCE SOUTHWESTERLY 15.30 FEET ALONG THE ARC OF SAID CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 10.00 FEET,A CHORD BEARING;SOUTH 62
DEGREES 45 MINUTES 37 SECONDS WEST AND A CHORD DISTANCE OF 13.85 FEET TO
A POINT OF REVERSE CURVATURE;THENCE WESTERLY 70.95 FEET ALONG THEARC
OF SAID REVERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 230.00 FEET,A
CHORD BEARING NORTH 82 DEGREES 14 MINUTES 22 SECONDS WEST AND A CHORD
DISTANCE OF 70.57 FEET; THENCE SOUTH 88 DEGREES 65 MINUTES 24 SECONDS
WEST, 93.82 FEET TO THE POINT OF BEGINNING.
CONTAINING 150,506 SQUARE FEET(3.45 ACRES)MORE OR LESS.
PREPARED OCTOBER 18, 2005
PREPARED BY:
MANHARD CONSULTING, LTD.
2050-60 FINLEY ROAD
LOMBARD, IL 60148
PHONE(630)691-8500