HomeMy WebLinkAbout07-130 Recorded Resolution No. 07-130
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
FOR STORMWATER DRAINAGE LATERALS (PHASE 3)
FROM EDGEWATER BY DEL WEBB COMMUNITY ASSOCIATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Ed Schock, Mayor, and Jennifer Quinton, Acting City Clerk, be and are hereby authorized and
directed to execute an easement agreement for stormwater drainage laterals (Phase 3) from
Edgewater By Del Webb Community Association, for the property legally described on Group
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: June 13, 2007
Adopted: June 13, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Jennifer Quinton
Jennifer Quinton, Acting City Clerk
111 111 111111 1111
This Instrument Prepared
By and Return After
Recording to:
William A. Cogley -2007R081302
City of Elgin
Legal Department RECOR ER- KANEE OUNTYY..ANY �IL
150 Dexter Court
Elgin, IL 60120-5555 RECORDED: 8/3/2007 10:57 Ali
g REC FEE: 30.00
RAGES: 9
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made and entered into this (-4 day of
May, 2007, by and between the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter
referred to as the "City"), and the EDGEWATER BY DEL WEBB COMMUNITY
ASSOCIATION, an Illinois not-for-profit corporation, (hereinafter referred to as the "Grantor").
WITNES SETH:
WHEREAS, the Grantor owns certain real property located north of Bowes Road
in Elgin, Kane County, Illinois; and
WHEREAS, the parties have determined that it is in their best interests for
Grantor to grant to the City an easement over those portions of Grantor's property consisting of
four (4) parcels depicted and legally described in Group Exhibit "A", consisting of four (4)
pages, attached hereto (such portions of Grantor's property legally described and depicted on
Group Exhibit "A" attached hereto are hereinafter collectively referred to as the "Easement
Premises").
NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) 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 non-exclusive easement solely to install, construct,
operate, use, maintain, repair, service, upgrade, replace or remove storm water drainage lines, f
and appurtenances relating thereto, in, through, under and upon the Easement Premises. The
grant of easement from the Grantor to the City as provided herein is not intended nor shall be
construed as to create any obligation on the City to perform any such construction or
maintenance of the storm water drainage lines within the Easement Premises, it being agreed and
understood that the Grantor shall have the primary obligation to perform such construction and
maintenance activities and shall own the drainage lines that it installs in the Easement Premises,
and that the City may, but shall not be obligated, to perform any such construction or
maintenance activities in the event the Grantor fails to properly do so. In the event the Grantor
fails to perform any required construction or maintenance on the drainage lines within the
Easement Premises and the City thereafter performs any such construction or maintenance, the
Grantor shall reimburse the City the costs of such construction or maintenance.
2. That the Grantor shall not construct any buildings or structures nor plant
any trees on the Easement Premises nor undertake any other activities which unreasonably
interfere with the Easement Premises, the construction or maintenance of the storm water
drainage lines within the Easement Premises, and the City's intended use of the Easement
Premises as provided herein.
3. 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 conditions
as existed immediately prior to the exercise of such rights as are reasonably practicable.
4. That no amendment, revision or modification hereof shall be effective
unless it is in writing and signed by all of the parties hereto.
5. That the City for itself, its agents and independent contractors, hereby
agrees to indemnify and hold Grantor and his successors harmless from third party claims for
personal injuries or property damage arising directly as a result of the City's work in the
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CHO1/12510391.2
Easement Premises and during construction or during any subsequent maintenance or repair
thereof.
6. That this agreement shall be governed by and construed in accordance with
the laws of the State of Illinois.
7. 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.
8. That the Grantor hereby represents and warrants to the City it is the fee
simple title holder of the Easement Premises and that he has the full power and authority to enter
into and make the grant of easement as provided herein.
9. That this agreement shall be binding on the parties hereto, their successors
and permitted assigns and shall run with the land.
10. That this agreement shall be recorded by the City at the Grantor's cost with
the Kane County Recorder.
- 3 -
CH01/12510391.2
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 EDGEWATER BY DEL WEBB
municipal corporation COMMUNITY ASSOCIATION
By aiiiielevre2 By q2-1P-/—(1°1--------
Mayor Its 'Irto4v'dn
Attest:
Ci lerk
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, 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 official seal, thi 1 ► day of _ A k , 2007.
Notar Public
STATE OF ILLINOIS ) "OFFICIAL SEAL"
MG�GVt ) SS. i KATHRYN J. GRANZOW
Notary Public,State of Illinois
COUNTY OF- -ItE My Commission Expires 1012/2010
I, the undersigned, a Notary Public, in and for said County, in the State aforesaid,
do hereby certify that Ivi&f "3(tit P.ho f eY 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.
64-
Given under my hand an official seal, this 2� day of Mak-I 2007.
, 41144
OFFICIAL SEAL Notary Public
AMY G WIRTH
NOTARY PUBLIC•STATE OF WNOIS
MY COMMISSION EXPIRES:12/W
-4 -
CHO1/12510391.2
GROUP EXHIBIT "A"
(Legal Description of Easement Premises)
- 5 -
Ci-I01/12510391.2
GROUP EXHIBIT "Air
04/17/07
LEGAL DESCRIPTION OF PUBLIC UTILITY AND DRAINAGE EASEMENTS,
LOT S IN EDGEWATER SUBDIVISION-PHASE 3
ELGIN, ILLINOIS
PARCEL 1:
THAT PART OF LOT S IN EDGEWATER SUBDIVISION-PHASE THREE, BEING A
SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION
29,TOWNSHIP 41 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JUNE 23, 2006 AS DOCUMENT NO.
2006K 068247, IN KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT
THE SOUTHWEST CORNER OF LOT 724 IN SAID EDGEWATER SUBDIVISION-PHASE
THREE;THENCE NORTH 88 DEGREES 55 MINUTES 24 SECONDS EAST,5.00 FEET
ALONG THE SOUTH LINE OF SAID LOT 724;THENCE SOUTH 01 DEGREE 04 MINUTES 36
SECONDS EAST,85.90 FEET TO THE SOUTH LINE OF SAID LOT S; THENCE SOUTH 88
DEGREES 49 MINUTES 00 SECONDS WEST, 10.00 FEET ALONG SAID SOUTH LINE;
THENCE NORTH 01 DEGREE 04 MINUTES 36 SECONDS WEST,85.92 FEET TO THE
SOUTH LINE OF LOT 725 IN SAID EDGEWATER SUBDIVISION-PHASE THREE;THENCE
NORTH 88 DEGREES 55 MINUTES 24 SECONDS EAST, 5.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 859 SQUARE FEET MORE OR LESS.
eA RCS 2:
THAT PART OF LOTS IN EDGEWATER SUBDIVISION-PHASE THREE, BEING A
SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION
29,TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JUNE 23, 2006 AS DOCUMENT NO.
2006K 068247, IN KANE COUNTY, ILLINOIS,DESCRIBED AS FOLLOWS:BEGINNING AT
THE SOUTHWEST CORNER OF LOT 721 IN SAID EDGEWATER SUBDIVISION-PHASE
THREE;THENCE NORTH 88 DEGREES 55 MINUTES 24 SECONDS EAST,5.00 FEET
ALONG THE SOUTH LINE OF SAID LOT 721;THENCE SOUTH 01 DEGREE 04 MINUTES 36
SECONDS EAST,85.62 FEET TO THE SOUTH LINE OF SAID LOT S;THENCE SOUTH 88
DEGREES 49 MINUTES 00 SECONDS WEST, 10.00 FEET ALONG SAID SOUTH LINE;
THENCE NORTH 01 DEGREE 04 MINUTES 36 SECONDS WEST,85.64 FEET TO THE
SOUTH LINE OF LOT 722 IN SAID EDGEWATER SUBDIVISION-PHASE THREE;THENCE
NORTH 88 DEGREES 55 MINUTES 24 SECONDS EAST, 5.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 856 SQUARE FEET MORE OR LESS.
EXISTING UNDERLYING P.I.N.:06-29-100-004
(P.I.N. FOR LOT S HAS NOT YET BEEN ASSIGNED BY KANE CO. ASSESSOR)
OWNER:PULTE HOME CORPORATION
PREPARED BY:
MANHARD CONSULTING LTD.
2050-50 FINLEY ROAD
LOMBARD, ILLINOIS 60148
PHONE: (630)691-8500
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LEGAL DESCRIPTION OF PUBLIC UTILITY AND DRAINAGE EASEMENTS,
LOT S IN EDGEWATER SUBDIVISION-PHASE 3
ELGIN, ILLINOIS
PARCEL 3:
THAT PART OF LOT S IN EDGEWATER SUBDIVISION-PHASE THREE, BEING A
SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION
29,TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JUNE 23,2006 AS DOCUMENT NO.
2006K 068247, IN KANE COUNTY, ILLINOIS,DESCRIBED AS FOLLOWS:BEGINNING AT
THE SOUTHWEST CORNER OF LOT 718 IN SAID EDGEWATER SUBDIVISION-PHASE
THREE;THENCE NORTH 88 DEGREES 55 MINUTES 24 SECONDS EAST,5.07 FEET
ALONG THE SOUTH LINE OF SAID LOT 718;THENCE SOUTH 08 DEGREE 17 MINUTES 36
SECONDS WEST,86.51 FEET TO THE SOUTH LINE OF SAID LOT S;THENCE SOUTH 88
DEGREES 49 MINUTES 00 SECONDS WEST,10.14 FEET ALONG SAID SOUTH LINE;
THENCE NORTH 08 DEGREE 17 MINUTES 36 SECONDS EAST,86.53 FEET TO THE SOUTH
LINE OF LOT 719 IN SAID EDGEWATER SUBDIVISION-PHASE THREE;THENCE NORTH 88
DEGREES 55 MINUTES 24 SECONDS EAST, 5.07 FEET TO THE POINT OF BEGINNING.
CONTAINING 865 SQUARE FEET MORE OR LESS.
PARCEL 4:
T HAi PART F-iO T=S-1N-EDGEWATER-SUBDIVISION=PHASE THREE;BEING A-- - -
SUBDIVISION OF PART OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION
29,TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JUNE 23,2006 AS DOCUMENT NO.
2006K 068247, IN KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:BEGINNING AT
THE SOUTHWEST CORNER OF LOT 715 IN SAID EDGEWATER SUBDIVISION-PHASE
THREE;THENCE NORTH 88 DEGREES 55 MINUTES 24 SECONDS EAST, 5.00 FEET
ALONG THE SOUTH LINE OF SAID LOT 715;THENCE SOUTH 01 DEGREE 04 MINUTES 36
SECONDS EAST, 85.07 FEET TO THE SOUTH LINE OF SAID LOT S;THENCE SOUTH 88
DEGREES 49 MINUTES 00 SECONDS WEST, 10.00 FEET ALONG SAID SOUTH LINE;
THENCE NORTH 01 DEGREE 04 MINUTES 36 SECONDS WEST,85.09 FEET TO THE
SOUTH LINE OF LOT 716 IN SAID EDGEWATER SUBDIVISION-PHASE THREE;THENCE
NORTH 88 DEGREES 55 MINUTES 24 SECONDS EAST, 5.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 851 SQUARE FEET MORE OR LESS.
EXISTING UNDERLYING P.I.N.:06-29-100-004
(P.I.N. FOR LOT S HAS NOT YET BEEN ASSIGNED BY KANE CO.ASSESSOR)
OWNER:PULTE HOME CORPORATION
PREPARED BY:
MANHARD CONSULTING LTD.
2050-50 FINLEY ROAD
LOMBARD, ILLINOIS 60148
PHONE:(630)691-8500
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