HomeMy WebLinkAbout07-20 Resolution No. 07-20
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
FOR WATER MAIN PURPOSES FROM TRADITIONS AT FITCHIE CREEK, L.L.C.
(a/k/a The Glen)(Nolan Road-Additional Easement Area)
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 Traditions at Fitchie Creek, L.L.C.
(a/k/a The Glen) (Nolan Road-Additional Easement Area) 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 Tem
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 2 today of
OC7�he r , 2006, by and between the CITY OF ELGIN, an Illinois municipal corporation,
(hereinafter referred to as the "City"), and TRADITIONS AT FITCHIE CREEK, L.L.C. (a/k/a
THE GLEN), 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 an additional permanent easement over that portion of Grantor's property legally
described and depicted on the plat of easement prepared by Cowhey, Gudmundson&Leder, Ltd.
dated October 3, 2006, Project No. 2133.33, a copy of which is attached hereto as Exhibit A
(such portion of Grantor's property identified in Exhibit A as the "Water Main Easement" is
hereinafter 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 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 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.
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 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 arising from said construction activities.
6. 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.
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7. That this agreement shall be governed by and construed in accordance with the
laws of the State of Illinois.
8. 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. That the Grantor hereby represents and warrants to the City 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 grants of easement as provided herein.
10. That this agreement shall be binding on the parties hereto, their successors and
permitted assigns and shall run with the land.
11. 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 TRAD ' 0 'S AT FITCHIE CREEK, L.L.C.
municipal corporation (a/k/. THE GLEN), . linois limited liability
co, pany
By y /err
ayor Its /�a,' r>t
Attest:
City Clerk
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v �
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 2006.
Notary Public
STATE OF ILLINOIS )
) SS.
COUNTY OFKANE )
I, the undersigned, a Notary Public. in and for said County, in the State aforesaid, do
hereby certify that 6e,o ryt. Oi qgw(/a �L 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 official seal, this c.Z~ day of 6 o'be` ,2006.
'Z/Zat'
Notary Public
OFFICIAL SEAL
REBECA L DAVIDEK
'C)ARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES'06I1Q10
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