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Home My WebLink About05-122 Recorded Resolution No. 05-122 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM THE BOARD OF EDUCATION OF SCHOOL DISTRICT U-46 (Hopps 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 the Board of Education of School District U-46 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 13, 2005 Adopted: April 13, 2005 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk A MAP ATTACHED CITY OF ELGIN EASEMENT AGREEMENT (Water Main) THIS EASEMENT AGREEMENT made and entered into this 13 day of /71-19/2_;1_, 2005, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City"), and the Board of Education of School District U-46, Kane, Cook and DuPage Counties, Illinois (hereinafter referred to as the "Grantor"). 10 WITNESSETH 7 WHEREAS, Grantor owns the real property legally described on the Plat of Easement— M Water Main Easement, Elgin Illinois, prepared by Landmark Engineering Group, Inc., last revised on March 14, 2003, attached hereto as Exhibit A and made a part hereof, located in the City of Elgin, Kane County, Illinois (the "Easement Premises"); and WHEREAS, the City of Elgin desires to obtain easements from Grantor for the purpose of operating, using, maintaining, locating, upgrading, repairing, replacing or removing water mains and other appurtenances related thereto over the Easement Premises; and WHEREAS, Grantor has agreed to grant such easements for such purposes pursuant to the terms and conditions of this Easement Agreement. This instrument prepared by: Return to: William A. Cogley Dolonna Mecum Elgin Corporation Counsel Elgin City Clerk C` 150 Dexter Court 150 Dexter Court 1� Elgin IL 60120 Elgin IL 60120 " \ 1 241866.2 1 I Execution Copy 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 Permanent Water Main Easement. That Grantor, being the owner of the Easement Premises referenced herein, does hereby grant to the City of Elgin, an Illinois municipal corporation (the "City"), a permanent and exclusive easement (the "Water Main Easement") to operate, use, maintain, locate, upgrade, repair, service, remove, or replace water mains and other appurtenances relating to water mains, in, upon, and under the Easement Premises. 2. Restoration of Easement Premises. That 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 and shall leave the Easement Premises and surrounding premises free from debris. 3. Indemnification. That the City for itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor and its successors harmless from any and all claims for personal injuries or property damage (except claims of Grantor) arising directly as a result of the City's work or other activities in the Easement Premises pursuant to this 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. Restrictions: Reservations. That the Grantor and Grantor's successors shall not construct any buildings, structure, fences, signs, trees or bushes 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. 7 241866.2 Execution Copy 5. Amendment. That no amendment, revision, or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 6. Entire Agreement. That 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. That this Easement Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 8. Contractors. 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. 9. Warranty of Title. That the Grantor hereby represents and warrants to the City that 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. Binding. That this Easement Agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 11. Recording. That this Easement Agreement shall be recorded by the City at the City's cost with the Kane County Recorder of Deeds. 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 3 241866.2 ' Execution Copy 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 the event of discontinuance by the City of the use of the Easement Premises for the purposes granted herein and the failure of the City to reinstate such use within ten (10) years of the initial discontinuance thereof, the City shall 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. For convenience, such instrument may run in favor of "the owner or owners and parties interested in the Easement Premises." 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 BOARD OF EDUCATION OF SCHOOL Municipal Corporation DISTRICT U-46, Kane, Cook and DuPage Counties, Illinois B By: ec Y � Mayor President Attest: Attest: 1:��.,.,„ / e)7-[ , _ City Clerk Secret. 4 241866.2 t Execution Copy 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 , Mayor of the City of Elgin, and Dolonna Mecum City Clerk of the City of Elgin, 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 for the uses and purposes herein set forth. Given under my hand an official seal, this 1341^ day of Ac',\ , 200 5. Not. 'ublic <40)%444,014.1.ses owl "OFFICIAL SEAL' JENNIFER QuIN oN STATE OF ILLINOIS ) Notary Public,State cif Illinois M Commission Expires 66130(0(1 ) SS. y Com COUNTY OF KANE ) I, the unders'gned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify p�� , , President of the Board of Education of School District U-46 an 7l ,f/( en/- , Secretary of the Board of Education of School District U-46, 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 for the uses and purposes herein set forth. Given under my hand an official seal, this /163 day ofjrAgh,-2004. Z2. ya-yr Notary Public OFFICIAL SEAL DEBRA A DORNBUSCH NOTARY PUBLIC.STATE OF ILLINOIS MY COMMISSION EXPIRES:0826107 5 241866.2