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HomeMy WebLinkAbout07-19 Resolution No. 07-19 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR WATER MAN PURPOSES FROM TRADITIONS AT FITCHIE CREEK, L.L.C. (a/k/a The Glen)(Nolan Road-20 Foot Permanent Easement and 50 Foot Temporary Construction Easement) 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 from Traditions at Fitchie Creek, L.L.C. (a/k/a The Glen) (Nolan Road-20 foot permanent easement and 50 foot temporary construction easement) 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/Robert Gilliam Robert Gilliam, Mayor Pro Tern Presented: January 24, 2007 Adopted: January 24, 2007 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk s/Jennifer Quinton Jennifer Quinton, Deputy City Clerk This Instrument Prepared By and Return After Recording to: William A. Cogley City of Elgin Legal Department 150 Dexter Court Elgin,IL 60120-5555 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made and entered into this l day of s'L m-. , 2006, by and between the CITY OF ELGIN, an Illinois municipal corporation, 11 A 9 I 1 a w 9 4 I c u'C c A 1 C cREEIC L L c G4kA 'TNE CLFt. 'T � (hereinafter referred to as the "City"), and THE GLEN PARTNERSHIP, L.L.C., an Illinois limited liability company,(hereinafter referred to as the"Grantor"). WITNESSETH: WHEREAS, the Grantor owns certain real property located south 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 a permanent easement and a temporary construction easement over those " - portions of Grantor's property legally described on the plat of easement prepared by Midwest Technical Consultants,Inc.,dated June 27, 2006, a copy of which is attached hereto as Exhibit A (such portion of Grantor's property identified in Exhibit A as the "20 foot permanent easement" is hereinafter referred to as the "Easement Premises", and such portion of Grantor's property identified in Exhibit A as the"50 foot temporary construction easement" is hereinafter referred to as the"Temporary Construction 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 exclusive easement to install, construct, operate, use, maintain, repair, service, upgrade, replace or remove water mains, and appurtenances relating thereto, in, through, under and upon the Easement Premises. 2. That Grantor does hereby further grant to the City a temporary construction easement in, through and upon the Temporary Construction Easement Premises allowing access over and use of said portion of Grantor's property for the purpose of constructing, altering, maintaining or repairing water mains and appurtenances relating thereto in, along and upon the above-described Easement Premises. The temporary construction easement hereby granted shall be deemed terminated and shall automatically expire two (2) years from the date and year first written above. 3. 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 and the City's intended use thereof. • 4. That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the Easement Premises and the Temporary Construction Easement Premises to the same conditions as existed immediately prior to the exercise of such rights as are reasonably practicable. 5. That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all of the parties hereto. - 2 - 6. 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 Easement Premises and the Temporary Construction Easement Premises during construction or during any subsequent maintenance or repair thereof. The City further agrees to indemnify and hold harmless Grantor from any and all liens placed against the Easement Premises or the Temporary Construction Easement Premises arising from said construction activities. 7. That this agreement constitutes the entire agreement between the parties in connection with the subject matter hereof 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. 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 in the Easement Premises and the Temporary Construction Easement Premises. 10. That the Grantor hereby represents and warrants to the City it is the fee simple title holder of the Easement Premises and the Temporary Construction Easement Premises and that he has the full power and authority to enter into and make the grants 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. - 3 - 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. -flop 0-IONS of f 0-444IC CREEL LLc CITY OF ELGIN, an Illinois _ ' • . :•,L.L.C., (A K4 1GC.EN) municipal corporation an I mois imited liability company By _ '�y AL ayor is I Ardir. � of i, /►,%.�' 41, Attest::\`► y/A/ City erk i D Cbr(c. STATE OF ILLINOIS ) ) SS. COUNTYOFKANE ) 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,this C?Yil.. day of V 2007. I kVirlitt Atit Notar Public Ilk "OFFICIAL SEAL' STATE OF ILLINOIS ) ; KATHRYN J. GRANZOW SS. ; Notary Public,State of Illinois My Commission Expires 10/2/2010 i COUNTY OF K A N E )I, the the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify thatteog44-7449U1L VtIr 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 - 4- acknowledged that he signed and delivered the said instrument as his free and voluntary act of the uses and purposes therein set forth. J " Given under my hand an official seal, this / day of t. , 2006. la-U. .Pcnt...AARP.4 y Public OFFICIAL SEAL JANE A. DONNELLY NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES 5.24.2008 F:\Legal Dept\Agreement\Easement-G1enPartnership-9owesCreek.doc - 5 - PLAT OF EASEMENT 20'PERMANENT EASEMENT That part of the Southeast Quarter of Section 30 end the Southwest Quarter of Section 29,Township 41 North,Range 8 East of the Third Principal Meridian,described as follows:Commencing at the point of Intersection of the South ens of Bowes Road as eehbtehed by Document No.563260 wth the West Ana of said Quarter;thence Southerly along said West Ina 83822 feet lien Easley along a We fonling en angle of 105 degrees 09 minutes 69 seconds with the last described course(measured clockwise therefrom)1784.05 feet thence South 35 degrees 62 Minutes 00 secods East 31.166et bthe.Sauteny floe ofa 21 Wetennsb Easement per Document No.'2001K081140tor a Piece of Beginning thence South 75 degrees 47 minutes 27 seconds East along said South One 3.73 feet thins North 09 degrees34 nbetes 06 senora East along avid South line 21.61 feet;thence South 85 degrees 62 minutes 00 Seconds Ed t 77.82 feet thence South 78 degrees 44 minutes 00 seconds East 61.90 feet twos North 68 degtses 36 nestles 00 seconds East 42,68 feet licence South 88 degrees 15 minutes 00 seconds East 208.97 feet limas North 42 degrees 12 minutes 00 seconds East 85.40 fee)to geld South ere;thence Noreen 89 degrees 34 mYwdes seconds East along said South line 337.47 bet thence South 68 degrees Seminoles 00 seconds East 60.18 feet;thence North 89 degrees 34 minutes 00 seconds East 80.92 het thence North 86 degrees 57.minut 00 seconds East 51.61 feet to said South line;thence North 89 degrees 32 minutes 37 seconds East along said South line 52.08 feet thence South 66 degrees 67 minutes 00 seconds West 103 07 feet thence Sault 89 degrees 34 minutes utes 00 seconds West 39.07 feet thence North 68 degrees 66 minutes 00 seconds West 50.17 feet to aline 20.00 feet South of and para6el with said South Ins;thence Sash 89 degrees 34 Ininut 08 seconds West along said parallel the 324.64 feet thence South 42 degrees 12 minutes 00 seconds West'85.86 feet thence North 88 degrees 15 minutes 00 seconds West 213.18 feet thence Sduth 83 degrees t minutes 00 seconds West 44.37 feet thence North 78 degrees 44 minutes 00 seconds West 66.67 feet thence North 35 degrees 62 minutes 00 seconds West 100.66 feet to the Place of Beginning;said parcel of lan herein described contains 0.46 acre,more of less,all in Kane County,Illinois. 50'TEMPORARY CONSTRUCTION EASEMENT That part of the Southeast Quarter of Beaton 30 and the Southwest Quarter of Section 29,Township 41 North,Range 8 East of the Third Principal Meridian,described as follows:Commencing at the point of Intersection 0fthe South line of Bowes Rood as established by Document No.563250 with the West One of said Quarter;thence Southerly along said West the 838.22 feet thence Easterly along a line tom Ing as angle of 106 degrees 09 minutes 59 seconds with the lest described course(measured clodrwtes therefrom)1764.05 feet thence South 35 degrees 62 minutes 00 seconds Edit MOW to the Southerly 6e of a 2t Walaneln Basement per Document No.2001K0811400or a Place of Beginning;thence North 76 degrees 47 minutes 27 seconds West along said South Ina 77.91 feet thence South 36 chromate mingles 00 second*East-179.93 feet thence South 78 degrees 44mbwtea 00 seconds East 103.25 feet:twee North 63 degrees 36 minutes 00 eaoofds East 48.89feet thence Sown 88 degrees 16 minutes 00 seconds East 223.73 feet;thence North 42 degrees 12 minutes 00 emends East 87.00 feet to a line 70.00 feet South of and mirage'mete said South the;thence North 89 degrees 34 minutes 08 emends East Nang said meal Ate 292.21 feet therms South 68 degrees 66 minutes tes 00 seconds East 60.17 het thence North 89 degrees 34 minutes 00 seconds East 59.47 feet thence North 86 degree,57 mimes 00 seconds East 239.73 feet to said South Ins;thence South 88 degrees 35 mbm0es 09 seconds West along said South line 135.61 feet thence South 68 degrees 57 minutes 00 seconds West 103.67 het thence Satan 89 degrees 34 minutes 00 seconds West 39.07 feet;thence North 66 degrees 66 minutes 00 seconds West 50.17 feet to a line 20.00 feet South of and parallel with said South line;hence South 89 degrees 34 minutes 08 seconds Wild abng said parallel lie 324.64 feet thence South 42 degrees 12 mines 00 seconds West 85.86 fed;thence North 88 degrees 16 minutes 00 seconds West 213.18 het terse South 83 degreed 38 Minutes 00 seconds West 44.37 feet thence North 78 degrees 44 minutes 00 seconds West 66.57 feet thence North 35 degrees 52 minutes 00 seconds West 100.58 feet to the Place of Begbuenp;said parcel of lend herein described contains 1.33 acres,more or less,all I Kane County,Rawls.