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HomeMy WebLinkAbout06-8 Recorded Resolution No. 06-8 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR ROADWAY PURPOSES FROM SENTRY CONSTRUCTION COMPANY (South McLean Boulevard 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 roadway purposes from Sentry Construction Company for the property legally described on Exhibits A-1, A-2 and A-3, 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: January 11, 2006 Adopted: January 11, 2006 Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk oc50 ,0att-70- -01 (1 --PD (v'r rt;'1)ta 11101 Hili NUR i i hili iii iiiii iI I iiiii hili hili ilii iii 2006K081671 This Instrument Prepared 6 8 1 E.)-7 1 By and Return After SANDY WEGNAN RECORDER - HANE COUNTY. IL Recording to: Michael R. GehrmanRECORDED:07/27/2006 01:14PM City of Elgin 1 A REC FEE: 29.00:9.00 RRHSPS FEE: Legal Department W 150 Dexter Court �� Elgin, IL 60120-5555 EASEMENT AGREEMENT L{` THIS EASEMENT AGREEMENT made and entered into this lolnN day of May, 2006, by and between the City of Elgin, an Illinois fi municipal corporation, (hereinafter referred to as the "City" ) , and 2 r SENTRY CONSTRUCTION COMPANY, an Illinois corporation (hereinafter referred to as the "Grantor" ) . WITNESSETH WHEREAS, Grantor owns the real property in Kane County, Illinois, which is legally described on Exhibits A-1 , A-2 and A-3 attached hereto (hereinafter referred to as the "Temporary Construction Easement Premises" ) ; and WHEREAS, the City desires to obtain Temporary Construction Easements from Grantor over the Temporary Construction Easement Premises relating to the construction and installation of roadway improvements over certain property which is adjacent to the Temporary Construction Easement Premises; and WHEREAS, Grantor has agreed to grant such temporary construction easements pursuant to the terms and conditions of this easement agreement . NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That Grantor does hereby grant to the City temporary construction easements for those portions of Grantor ' s property legally described on Exhibits A-1, A-2 and A-3 attached hereto and referred to herein as the Temporary Construction Easement Premises allowing access over and use of said portion of Grantor ' s property for the purpose of constructing and installing roadway improvements over certain property which is adjacent to the property owned by Grantor, for the purpose of regrading as necessary the Temporary Construction Easement Premises so as to provide an engineered slope or grade thereon to conform to the grade of the adjacent right-of- way following the completion of the construction and installation of roadway improvements thereon and for the purpose of constructing curbing to match the curbing previously constructed. The Temporary Construction Easements hereby granted shall automatically expire at the earlier of (a) 36 months from the date of this agreement or (b) when the roadway improvements which the Temporary Easements have been granted have been completed. 2 . That in consideration of Grantor entering into this Easement Agreement and Grantor' s grant to the City of the Temporary Construction Easements provided for herein the City shall pay to the Grantor the sum of Ten Dollars ($10 . 00) . 3 . That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore 2 IThe) the Temporary Construction Easement Premises and shall leave the Temporary Construction Easement Premises and surrounding premises of Grantor free from debris . 4 . That the City for itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor and its successors harmless from third party claims for personal injuries or property damage arising directly as a result of the City' s work in the Temporary Construction Easement Premises during construction. The City further agrees to indemnify and hold harmless Grantor from any and all liens placed against the Temporary Construction Easement Premises arising from said construction activities . 5 . That during the term of the Temporary Construction Easements granted herein the Grantor and its successors shall not construct any structures or buildings nor plant any trees on the Temporary Construction Easement Premises nor undertake any other activities on the Temporary Construction Easement Premises which unreasonably interfere with the City' s intended use of the Temporary Construction Easement Premises . 6 . That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 7 . That this 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 37:2 • connection with the subject matter hereof . 8 . That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois . 9 . That it is understood and agreed that the City may utilize the services of third party contractors, employees or other agents to perform work on either the adjacent property or the Temporary Construction Easement Premises . 10 . That the Grantor hereby represents and warrants to the City that it is the fee simple title holder of the Temporary Construction Easement Premises and that it has the full power and authority to enter into and make the grant of easement as provided herein. 11 . That this agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 12 . 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 SENTRY CONSTRUCTION COMPANY municipal corporation By `- � By Mayor Mike Young Attest : Atte : 410,-4 )1:11-‘444K--0 AtLetilv--- City Clerk 4 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 l o T k day of 200 (p sar4s•;,‘ No ry Pu is "OFFICIAL SEAL" JENNIFER QUINTON Notary public,State of Illinois ' STATE OF ILLINOIS ) My Commission Expires 08/30/08 SS . •. •r..�:`�� :�<.-�.�� .����. 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 Mike Young 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. Given under my hand an offi .1 seal , this Z7 t* day of re.h-U ary , 200 � . / ( — N., any-ubl'c F:\Legal Dept\Agreement\Easement-S McLean-Sentry Const.doc 2,,Ex nfes 02, , 5 • EXHIBIT A-1 Parcel 0064-1TE That part of the West Half of Section 27, Township 41. North, Range 8 East of the Third Principal Meridian,in the City of Elgin,Kane County,Illinois, described as follows: Commencing at the'Southeast corner of lot 17 of Pine Meadow Subdivision, being a subdivision of part of the said West Half of Section 27; thence Northerly, along a line that is 50.0 feet Westerly of and parallel with the centerline of McLean Boulevard, being along a curve to the left, radius 49,060.7 feet, chord bearing North 01 degree.12 minutes 27 seconds West, 175.0 feet for the Point of Beginning;thence South 88 degrees 48 minutes 40 seconds. West, 20.0 feet; thence North 01 degree 12 minutes 27 seconds West, 50.0 feet; thence North 88 degrees 48 minutes 40 seconds East,20,0 feet to aline that is 50.0 feet Westerly of and parallel with the centerline of McLean Boulevard; thence Southerly, along said parallel line,being along a curve to the right, radius 49,060.7 feet,chord South 01 degree 12 minutes 27 seconds East, 50.0 feet to the Point of Beginning. Said parcel contains 0.023 acre more or less. • EXHIBIT A-2 Parcel 0064-2TE That part of the West Half of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian,in the City of Elgin,Kane County,Illinois,described as follows: Commencing at the Northeast corner of lot 17 of Pine Meadow Subdivision, being a subdivision of part of the said West Half of Section 27; thence Southerly,along a line that is 50.0 feet Westerly of and parallel with the centerline of McLean Boulevard, being along a curve to the right, radius 49,060.7 feet, chord bearing South 01 degree 25 minutes 30 seconds West, 18.0 feet for the Point of Beginning; thence continuing, along said parallel line,radius 49,060.7 feet, Chord Bearing South 01 degree 22 minutes 56 second East, 55.0 feet; thence South 88 degrees 48 minutes 40 seconds West,20.0 feet; thence North 01 degree 22 minutes. 56 seconds West, 55.0 feet; thence North 88 degrees 48 minutes 40 seconds East,20.0 feet to the Point of beginning. Said parcel contains 0.025 acre more or less. EXHIBIT A-3 Parcel 0064-3TE That part of the West Half of Section 27; Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois, described as follows: Commencing at the Southeast corner of lot 17 of Pine Meadow Subdivision, being a subdivision of part of the said West Half of Section 27; thence South 83 degrees 45 minutes 51 seconds West,along the Southerly line of said lot 17, 184.77 feet for the Point of Beginning; thence continuing South 83 degrees 45 minutes 51 seconds West, 70.00 feet; thence North 06 degrees 14 minutes 09 seconds West, 50.00 feet; thence North 83 degrees 45 minutes 51 seconds East, 70.00 feet; thence South 06 degrees 14 minutes 09 seconds East, 50.00 feet to the Point of Beginning. Said parcel contains 0.080 acre more or less. `�IOFEtCi �`' �,��T City of Elgin Memorandum ¢ IF 4 r a, ,iii' rn-4,,T,l)i‘' . Date: June 5, 2006 To: Loni Mecum, City Clerk From: Mary Giffort, Legal Department Subject: Easement Agreement from Sentry Construction Company re Parcel 64, South McLean Boulevard and Bowes Road Attached find the above-referenced Easement Agreement which has now been recorded as Document No. 2006K053674. Thank you for your assistance. Lill Attachment • iiII 11111iiiiiIIIiiiI iiiIIIIIIiiiii11111i1111iliiiii 20061+053674 G?4Ea i(O537 4 This Instrument Prepared G 3//d /. 04-, By and Return After Recording to: - - Michael R. Gehrman (�I� City of Elgin l� Legal Department 150 Dexter Court Elgin, IL 60120-5555 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this /0-T4 day of May, 2006 , by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City" ) , and SENTRY CONSTRUCTION COMPANY, an Illinois corporation (hereinafter referred to as the "Grantor" ) . WITNESSETH WHEREAS, Grantor owns the real property in Kane County, Illinois, which is legally described on Exhibits A-1 , A-2 and A-3 attached hereto (hereinafter referred to as the "Temporary UConstruction Easement Premises" ) ; and `.ate WHEREAS, the City desires to obtain Temporary Construction ti Easements from Grantor over the Temporary Construction Easement Premises relating to the construction and installation of roadway improvements over certain property which is adjacent to the Temporary Construction Easement Premises; and WHEREAS, Grantor has agreed to grant such temporary construction easements pursuant to the terms and conditions of this easement agreement . NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That Grantor does hereby grant to the City temporary construction easements for those portions of Grantor' s property legally described on Exhibits A-1, A-2 and A-3 attached hereto and referred to herein as the Temporary Construction Easement Premises allowing access over and use of said portion of Grantor' s property for the purpose of constructing and installing roadway improvements over certain property which is adjacent to the property owned by Grantor, for the purpose of regrading as necessary the Temporary Construction Easement Premises so as to provide an engineered slope or grade thereon to conform to the grade of the adjacent right-of- way following the completion of the construction and installation of roadway improvements thereon and for the purpose of constructing curbing to match the curbing previously constructed. The Temporary Construction Easements hereby granted shall automatically expire at the earlier of (a) 36 months from the date of this agreement or (b) when the roadway improvements which the Temporary Easements have been granted have been completed. 2 . That in consideration of Grantor entering into this Easement Agreement and Grantor' s grant to the City of the Temporary Construction Easements provided for herein the City shall pay to the Grantor the sum of Ten Dollars ($10 . 00) . 3 . That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore 2 the Temporary Construction Easement Premises and shall leave the Temporary Construction Easement Premises and surrounding premises of Grantor free from debris . 4 . That the City for itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor and its successors harmless from third party claims for personal injuries or property damage arising directly as a result of the City' s work in the Temporary Construction Easement Premises during construction. The City further agrees to indemnify and hold harmless Grantor from any and all liens placed against the Temporary Construction Easement Premises arising from said construction activities . 5 . That during the term of the Temporary Construction Easements granted herein the Grantor and its successors shall not construct any structures or buildings nor plant any trees on the Temporary Construction Easement Premises nor undertake any other activities on the Temporary Construction Easement Premises which unreasonably interfere with the City' s intended use of the Temporary Construction Easement Premises . 6 . That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 7 . That this 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 3 connection with the subject matter hereof . 8 . That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois . 9 . That it is understood and agreed that the City may utilize the services of third party contractors, employees or other agents to perform work on either the adjacent property or the Temporary Construction Easement Premises . 10 . That the Grantor hereby represents and warrants to the City that it is the fee simple title holder of the Temporary Construction Easement Premises and that it has the full power and authority to enter into and make the grant of easement as provided herein. 11 . That this agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 12 . 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 SENTRY CONSTRUCTION COMPANY municipal corporation ByBy IV2r- 1144L-- yor Mike Young Attest : Att t : Nee, City Clerk 4 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 /oTN day of May , 2000 -4411r144 ‘-4621(-4 — No ary Pu�i is "OFFICIA SEAL JENNIE.-P. Qi„t\;rON STATE OF ILLINOIS ) Notary, . t,fillnois SS . < My Co . ,:gyres 08130/08 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 Mike Young 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. Given under my hand an offis seal, this 2/* day of br„a , 200 / 4 ` CoraIAm NcEYpMeBs EJ2R/OG8 "Or: • 'o 8' ary Public �. S, of Illinois F:\Legal Dept\Agreement\Easement-S McLean-Sentry Const.doc (-(Al..iEAL” MyNBotRary 5 • EXHIBIT A-1 Parcel 0064-1TE That part of the West Half of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian,in the City of Elgin,Kane County,Illinois, described as follows: Commencing at the Southeast corner of lot 17 of Pine Meadow Subdivision, being a subdivision of part of the said West Half of Section 27;thence Northerly, along a line that is 50.0 feet Westerly of and parallel with the centerline of McLean Boulevard, being along a curve to the left, radius 49,060.7 feet, chord bearing North 01 degree.12 minutes 27 seconds West, 175.0 feet for the Point of Beginning;thence South 88 degrees 48 minutes 40 seconds. West, 20.0 feet; thence North 01 degree 12 minutes 27 seconds West, 50.0 feet; thence North 88 degrees 48 minutes 40 seconds East, 20.0 feet to aline that is 50.0 feet Westerly of and parallel with the centerline of McLean Boulevard; thence Southerly, along said parallel line,being along a curve to the right,radius 49,060.7 feet, chord South 01 degree 12 minutes 27 seconds East, 50.0 feet to the Point of Beginning. Said parcel contains 0.023 acre more.or less. . . . EXHIBIT A-2 Parcel 0064-2TE That part-of the West Half of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian,in the City of Elgin,Kane County,Illinois,described as follows: Commencing at the Northeast corner of lot 17 of Pine Meadow Subdivision, being a subdivision of part of the said West Half of Section 27;thence Southerly,along a line that is 50.0 feet Westerly of and parallel with the centerline of McLean Boulevard, being along a curve to the right, radius 49,060.7 feet, chord bearing South 01 degree 25 minutes 30 seconds West, 1'8.0 feet for the Point.of Beginning; thence continuing, along said parallel line,radius 49,060.7 feet, Chord Bearing South 01 degree 22 minutes 56 second East, 55.0 feet; thence South 88 degrees 48 minutes 40 seconds West,20.0 feet; thence North 01 degree 22 minutes. 56 seconds West, 55.0 feet; thence North 88 degrees 48 minutes 40 seconds East,20.0 feet to the Point of beginning. Said parcel contains 0.025 acre more or less. • • • 7 • 1 • 1 EXHIBIT A-3 Parcel 0064-3TE That part of the West Half of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois, described as follows: Commencing at the Southeast corner of lot 17 of Pine Meadow Subdivision, being a subdivision of part of the said West Half of Section 27; thence South 83 degrees 45 minutes 51 seconds West,along the Southerly line of said lot 17, 184.77 feet for the Point of Beginning; thence continuing South 83 degrees 45 minutes 51 seconds West, 70.00 feet; thence North 06 degrees 14 minutes 09 seconds West, 50.00 feet; thence North 83 degrees 45 minutes 51 seconds East, 70.00 feet; thence South 06 degrees 14 minutes 09 seconds East, 50.00 feet to the Point of Beginning. Said parcel contains 0.080 acre more or less.