HomeMy WebLinkAbout07-199i
Resolution No. 07-199
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
FOR SANITARY SEWER AND WATERMAIN PURPOSES FROM PINGREE CREEK, LLC
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that
Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to
execute an easement agreement for sanitary sewer and watermain purposes from Pingree Creek LLC,
for the property legally described on Exhibits A, B and C, 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: August 8, 2007
Adopted: August 8, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
i
This Instrument Prepared
By and Return After 2007F< 093979
Recording to:
William A. Cogley SANDY WEGMAN
City of Elgin RECORDER - KANE COUNTY, IL
Legal Department RECORDED: 9/2/2007 8:40 AM
150 Dexter Court RtC PEE: 29.00
C RA6f5: 8
Elgin, IL 60120-5555
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made and entered into this 8th day of
August , 2007, by and between the CITY OF ELGIN, an Illinois municipal corporation,
(hereinafter referred to as the "City"), and PINGREE CREEK, LLC, an Illinois limited liability
company, (hereinafter referred to as the "Grantor").
WITNESSETH:
WHEREAS, the Grantor owns certain real property located southwest of Route 20 and
Damish Road, in Elgin, Kane County, Illinois-, and
WHEREAS, the parties have determined that it is in their best interests for the Grantor to
grant to the City easements over those portions of Grantor's property legally described in the
Exhibit A attached hereto and a temporary construction easement over that portion of Grantor's
property legally described in Exhibit B attached hereto, such areas of Grantor's property being
further depicted and legally described as the "Permanent Easement Premises — Sanitary
Interceptor", "Permanent Easement Premises — Watermain Extension" and "Temporary
Construction Easement Premises" on the plat of survey prepared by Midwest Technical
Consultants, Inc., dated September 27, 2006, revised July 10, 2007, attached hereto as Exhibit C
(such portions of Grantor's property identified in such exhibits as the "Permanent Easement
i
Premises — Sanitary Sewer" and the "Permanent Easement Premises — Watermain Extension" are
hereinafter collectively referred to as the "Easement Premises").
NOW, THEREFORE, for and in consideration of Ten Dollars (510.00) 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 underground sanitary sewer lines and/or underground
water mains, and appurtenances relating thereto, in, through, under and upon the Easement
Premises. Notwithstanding the requirement that such grant of easement is exclusive, in the event
the final engineering of the adjacent Wennlund Farm/Pingree Creek Development indicates the
need to locate other public utilities within the above-described Easement Premises, the City
agrees to reasonably consider permitting the location of other public utilities within such
Easement Premises as long as and to the extent such other proposed public utilities do not
unreasonably interfere with the City's intended use of the Easement Premises as determined by
the City. Additionally, notwithstanding the fact that any sanitary sewer lines and/or water mains
shall be located underground within the Easement Premises, it is agreed and understood that
appurtenances relating to such improvements such as manholes and hydrants may be located on
the surface and above ground upon the Easement Premises.
2. That Grantor does hereby further grant to the City a temporary construction
easement for that portion of Grantor's property identified as the "Temporary Construction
Easement Premises" and legally described on Exhibit "B" attached hereto and being further
depicted and described in Exhibit C attached hereto, allowing access over and use of said portion
- 2 -
i
of Grantor's property for the purpose of constructing, altering, maintaining or repairing
underground sanitary sewer lines and/or underground 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 the earlier of
six (6) months after the utilities construction has been completed, or December 31, 2010.
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. The Grantor reserves the right to use
the Easement Premises in a manner which does not interfere with the City's intended use of the
Easement Premises and/or any of the City's utility lines to be located therein.
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 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.
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.
- 3 -
i
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 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 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.
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.
[SIGNATURE PAGE FOLLOWS]
- 4 -
i
CITY OF ELGIN, an Illinois PINGREE CREEK LLC, an Illinois
municipal corporation limited liability company
by: Kent Shodeen No. 1; sole member
By�����
Mayor lefflt W. Shodeen; Trustee
Attest:
City Clerk
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, this day of ul , 2007.
Nota y Public
"OFFICIAL SEAL"
KATHRYN J. GRANZOW
STATE OF ILLINOIS ) Notary Public,State of Illinois
SS. My Commission Expires 10/2/2010
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 -- 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. --Kent W. Shodeen; Trustee of the Kent W. Shodeen Trust No.
1; sole member of Pingree Creels, L.L.C.
Given under my hand an official seal, this /ofh day of 52007.
Notary Public
CNOtary
FICUL SBAL"
A K. SMITH
FAA-egal Dept\Agreement\Easement-PingreeCreek-SW Damisch RD-RCC-clean 7-18-07.doc Public.S':r;;of Illinois
iss
- 5 -
i
EXHIBIT A
PERMANENT EASEMENT PREMISES - SANITARY INTERCEPTOR
THE SOUTH 70.00 FEET OF THE EAST 20 RODS OF THE WEST HALF OF THE EAST HALF OF
SECTION 3, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN;
ALSO:
THE SOUTH 70.00 FEET OF THE EAST HALF OF THE EAST HALF OF SECTION 3, TOWNSHIP
41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN;
ALSO:
THAT PART OF THE SOUTHWEST AND SOUTHEAST QUARTERS OF SECTION 2, TOWNSHIP
41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE
SOUTH 88 DEGREES 41 MINUTES 40 SECONDS WEST ALONG THE SOUTH LINE OF SAID
SOUTHWEST QUARTER 2686.76 FEET; THENCE NORTH 00 DEGREES 10 MINUTES 40
SECONDS EAST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER 70.01 FEET TO A
LINE 70.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST
QUARTER; THENCE NORTH 88 DEGREES 41 MINUTES 40 SECONDS EAST ALONG SAID
PARALLEL LINE 2467.31 FEET; THENCE SOUTH 02 DEGREES 19 MINUTES 00 SECONDS EAST
20.00 FEET TO A LINE 50.00 FEET NORTH OF AND PARALLEL WITH SAID SOUTH LINE;
THENCE NORTH 88 DEGREES 41 MINUTES 40 SECONDS EAST ALONG SAID PARALLEL LINE
218.17 FEET TO A LINE 50.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF
SAID SOUTHEAST QUARTER; THENCE NORTH 89 DEGREES 23 MINUTES 18 SECONDS EAST
ALONG SAID PARALLEL LINE 389.51 FEET; THENCE NORTH 24 DEGREES 00 MINUTES 43
SECONDS EAST 197.26 FEET; THENCE SOUTH 63 DEGREES 46 MINUTES 00 SECONDS EAST
462.84 FEET TO THE EAST LINE OF PREMISES CONVEYED BY QUIT CLAIM DEED RECORDED
MARCH 5, 2004 AS DOCUMENT NO. 2004K027947; THENCE SOUTH 07 DEGREES 58 MINUTES
38 SECONDS EAST ALONG SAID EAST LINE 20.48 FEET TO THE SOUTHEAST CORNER OF
SAID PREMISES; THENCE SOUTH 89 DEGREES 23 MINUTES 18 SECONDS WEST ALONG THE
SOUTH LINE OF SAID PREMISES 73.22 FEET; THENCE NORTH 63 DEGREES 46 MINUTES 00
SECONDS WEST 357.05 FEET; THENCE SOUTH 24 DEGREES 00 MINUTES 43 SECONDS
WEST 177.36 FEET TO THE SOUTH LINE OF SAID PREMISES; THENCE SOUTH 89 DEGREES
23 MINUTES 18 SECONDS WEST 421.30 FEET TO THE PLACE OF BEGINNING (EXCEPTING
THEREFROM THAT PART THEREOF PREVIOUSLY DEDICATED FOR ROADWAY PURPOSES
AS US ROUTE 20);
SAID PARCELS OF LAND HEREIN DESCRIBED CONTAIN 8.06 ACRES, MORE OR LESS, ALL IN
KANE COUNTY, ILLINOIS.
1
EXHIBIT B
TEMPORARY CONSTRUCTION EASEMENT PREMISES
THE NORTH 50.00 FEET OF THE SOUTH 120.00 FEET OF THE EAST 20 RODS OF THE WEST
HALF OF THE EAST HALF OF SECTION 3, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN;
ALSO:
THE NORTH 50.00 FEET OF THE SOUTH 120.00 FEET OF THE EAST HALF OF THE EAST HALF
OF SECTION 3, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN;
ALSO:
THAT PART OF THE SOUTHWEST AND SOUTHEAST QUARTERS OF SECTION 2, TOWNSHIP
41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE
NORTH 00 DEGREES 07 MINUTES 21 SECONDS WEST ALONG THE WEST LINE OF SAID
SOUTHEAST QUARTER 70.01 FEET TO A LINE 70.00 FEET NORTH OF AND PARALLEL WITH
THE SOUTH LINE OF SAID SOUTHWEST QUARTER FOR A PLACE OF BEGINNING; THENCE
SOUTH 88 DEGREES 41 MINUTES 40 SECONDS WEST ALONG SAID PARALLEL LINE 2466.72
FEET TO THE WEST LINE OF SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 10
MINUTES 40 SECONDS EAST ALONG SAID WEST LINE 50.01 FEET TO A LINE 120.00 FEET
NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST QUARTER;
THENCE NORTH 88 DEGREES 41 MINUTES 40 SECONDS EAST ALONG SAID PARALLEL LINE
2464.54 FEET; THENCE SOUTH 02 DEGREES 19 MINUTES 00 SECONDS EAST 20.00 FEET TO
A LINE 100.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SOUTHWEST
QUARTER; THENCE NORTH 88 DEGREES 41 MINUTES 40 SECONDS EAST ALONG SAID
PARALLEL LINE 219.36 FEET TO A LINE 100.00 FEET NORTH OF AND PARALLEL WITH THE
SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 89 DEGREES 23 MINUTES 18
SECONDS EAST ALONG SAID PARALLEL LINE 357.73 FEET; THENCE NORTH 24 DEGREES 00
MINUTES 43 SECONDS EAST 217.15 FEET; THENCE SOUTH 63 DEGREES 46 MINUTES 00
SECONDS EAST 480.82 FEET TO THE EAST LINE OF PREMISES CONVEYED BY QUIT CLAIM
DEED RECORDED MARCH 5, 2004 AS DOCUMENT NO. 2004K027947; THENCE SOUTH 07
DEGREES 58 MINUTES 38 SECONDS EAST ALONG SAID EAST LINE 60.46 FEET; THENCE
NORTH 63 DEGREES 46 MINUTES 00 SECONDS WEST 462.84 FEET; THENCE SOUTH 24
DEGREES 00 MINUTES 43 SECONDS WEST 197.26 FEET TO A LINE 50.00 FEET NORTH OF
AND PARALLEL WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89
DEGREES 23 MINUTES 18 SECONDS WEST ALONG SAID PARALLEL LINE 389.51 FEET TO
THE PLACE OF BEGINNING (EXCEPTING THEREFROM THAT PART THEREOF PREVIOUSLY
DEDICATED FOR ROADWAY PURPOSES AS US ROUTE 20);
ALSO:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 41 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 89 DEGREES
23 MINUTES 18 SECONDS EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER
421.30 FEET FOR A PLACE OF BEGINNING; THENCE NORTH 24 DEGREES 00 MINUTES 43
SECONDS EAST 177.36 FEET; THENCE SOUTH 63 DEGREES 46 MINUTES 00 SECONDS EAST
357.05 FEET TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 89
DEGREES 23 MINUTES 18 SECONDS WEST ALONG SAID SOUTH LINE 110.72 FEET; THENCE
EXHIBIT C
PLAT OF SURVEY
�LNr�rmwrN,�ry v�iw w...uw vno.,m.mr.. •mr+nusNa."amwa..,or...".ms Mvo.wam,mwn�mrw,rw�e..cm�b.ea wn...rw n..urrwsw
. r.b, arwnwrbwnwv.c,aLrowalrrewn,..wrw.v >,ar.m,..�.bma....e,mrwMr.e.w.,rrae.w,
ru.vM...r.a.v,ww.rar..w,�m,L,.r...rNra u.mrunv rm,....murw.m,aao...waw Wr.iv.:,w.v m.n...m.r.rwmar ar.,o-a.u.,w.,v mno....o..e► �
,w,".nwMvn.avrarmwNu,rrwawortr,mrw.w,rr,,,rYI,W,n �'�il�,.wrio:Ym mw V!mR,x"�'i",am amN.c M.all.n.n wmUrNtlrmN,wwYCroaL mMmr.,�.wrMww¢.ewnw
,r.n.r.e.o.,rmw ero+m u.wmw.fume N s...i.,.o,ava v a.e .m m,r w.nv.aa«n mmw na..ew..M, A.aarw.nmmm N rouaw wrrs+.o..M..m..m,mwir w..a
i mvnmwrww,rt„mon".e.ertm«.Mm.r®mmol aaeMmupwwvs �1,p�I'r..�dvnm['w,�'m r�ui�n,lw.aYum"a/nM ue..�w..w,mY. "wT"�buNmlOmC..bm,..bmN•Pw Wnon�WrP..rOW M.+awaue ...
wn...m rmw mr,,,..vwAxmbmermveam.a aNraa.new..r rr..r.ma.r.v,srarw.ma..,ueaa m.�wnarw,ru.retro.wnrrer.on.o-.r..rwwlm.,ra.�r..vr w.v..e
w�voawm1O°nm.oim:,.m wn.s.,o-n.r.w.e".m,,.o,w .t.n.en.b.,,w.a..w.favrieow,abn ww.®ma wnn.r.wo mor In�Y..J io�b�
�>.,..u,or®owr ao.o o�c nian m,,.�wmue mu,w,mawnu nmQ,o,mm
m Yeu..or...nnwawmmr®wr.nmmam..a.Nrmn.r m.wmm am...w w um,u.am,
xv.mawmr..run.m".wuuaucnmL.xm..lrm...awnnM famm o ®im sr..nn r�p...i ar. awmror y..ai",w...tiei`r wmmaainw.a:
a.e.ar-mrM'rawi'iniierrncmm�owoav�.wnu rvm.r �w*.e....o wruva�u.rr rm.,N.o.Duet a b.mm n arum m wco-m
:..t.o..owum'm'i.nw wn m.W,mao rm..w,.w w ww,n wet„m.ovm w v..e mim.nn
sa..m;w�m.as.lwMwumr®sun rmreq vm.wmma.w...0 '"aim.rmx.,"0-a"o-f�..rmma...f..r..w.ar...rwea...e.rr,mwlnm retro+ �
' m v rrae�a as«arm 1"aur bu..wet rr.rw.a..n.M.amrw o-.m.an..rrrr.,lw mm�.b.ww
�'r'"w .inbmnrarra m.mnv:n�raomrmbbaa..wno.rmw s.r.ra..um.vvro wr.wara rwwAaw.,.n taznm.wn.wase.m ®�
i.00..ev,a uL,ui ar rs,m M mrmwr roa o-ma wmm.:vms<om,m N.naoameL.nar.ursc nm mm..omrm rwNrm r.mowe...ormrvrm �...r.�
waKOe.rwrwar M.Ma W Yur.lommr>G.Yr:„m..aw.wa M N.T w w Iliwmw m.Arm M Ort ON,mm®®4WD L mr N OOallpf.9
.ar.Y r'r..-L"wi .mcm.-pnmmrvr:nm4.Warw..wo..r.nowwooV ran ��rowA>mm w�rrurga�maa aur aaN w.Ntwmm ret:
'�sr"n"-iw iw vvo woaa„mo,an,r.ws.a.awmswcma.wur m r .®dsw..t.aar war amnaarn re.om.wne •--r
f.c....mm,we bmro.w.,,rr r..r„N.vw..aarbmr,m u wr martyr mnw re"wrus wet br.am�ww..o
' ,ww'I}.wwr�.pom.r�sonetW 1a�m�Nwu n.fcLLdrn.mwee aiv o w a®o rramY vet MWm w
ro M,.nm v fa.f..n m®,La nwmwm,nw,rnlr nam f+arau.r mww
ro.Nmavwo�marm®man«.m.o.arsorraw.wwasoww,..aum r�iriw�m..r"womNwwrns.
1N,r.l1r m M.al..+v aYns w faC1p L m",Oe w oma.n..r 1M O,,.".r a�—_—
' m.brf.r@ wwwrbp.Rarm,w w1�O.NTYm'�rM ol�mWw.-rIa� r
wb1QJ....11w w o4s wI,
o nmo.r�`u,u m.cm usr>mm.m ro naawmworm
vau"�i.,unmaaww..a.mar.nr rutaoww,wna..e m.orww,An
fpr e0..1MM Eab.fL �YaolMw:nmaa.�a-Iwo mar'""MnorN®m
am.ar aW l,r... 10f w R waw w.s.rN
aN, wnr a..a.a.pbxlC>r.w.M.oM,Lau.o
i
y I � tet voa t raa.f.m
jL i DETAIL"A" s I se6 (Y
�'
ci
j 151
9>i
i -AN
f mfYer I u,OV.mJe
t,
e nw.r• ari."r
I ..+ r.a►.
� OG Vrm.r
jr_..f aerr.rx._
I
I
! AREA BNFJA,OWN
,9f VfUAYCOMSiTh1Cf10N FASOR'Nf: A,,taYM u.r.r BA LLt,r.ui
P91LLYFI/f Fk,Wf: 77 AIft ..W A.
ig1MLK,lIWOIEMwA,EAYLN: >s>xn ca,�c. .,...1..
NO IMPROVEMENTS SHOWN HEREON.
i