HomeMy WebLinkAbout07-235 Recorded Resolution No. 07-235
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
FOR SANITARY SEWER AND WATERMAIN PURPOSES
FROM LEWIS SAMPSON AND SUZANNE SAMPSON
(4 N. JACKSON STREET)
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 Lewis Sampson and
Suzanne Sampson, 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/Ed Schock
Ed Schock, Mayor
Presented: September 26, 2007
Adopted: September 26, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
This Instrument Prepared
by and Return After 2007K 1 0G07S
Recording to:
Christopher J. Beck SANDY WEGMAN
City of Elgin RECORDER - KANE COUNTY, IL
Legal Department RECORDED: 16/19/2007 1:05 PN
150 Dexter Court FEC FEE: 28.00
Elgin IL 60120-5555 PAGES:1,
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT made and entered into thitUday of
September , 2007, by and between the City of Elgin, an Illinois municipal corporation,
(hereinafter referred to as the"City"), and Lewis Sampson and Suzanne Sampson (hereinafter
referred to as the"Grantor").
WITNESSETH
WHEREAS,Grantor owns the real property depicted on Exhibit A,attached hereto and made
a part hereof,commonly known as 4 North Jackson Street,Elgin,Illinois,and having the Permanent
Index Number 06-14-404-015 (hereinafter referred to as the"Subject Property"); and,
WHEREAS,the City desires to obtain a permanent easement from Grantor for the purposes
of constructing, maintaining, operating and repairing a storm sewer line, a sanitary sewer line, or
both,over that portion of the Subject Property depicted by the areas designated"Drainage Easement"
on the attached Exhibit A and legally described on Exhibit B,attached hereto and made a part hereof
(hereinafter referred to as the "Easement Premises"); and,
WHEREAS, the City further desires to obtain a temporary construction easement from
Grantor for the purposes of constructing said sewer lines over that portion of the Subject Property
depicted by the areas designated "Temporary Construction Easement" on the attached Exhibit A
(hereinafter referred to as the"Temporary Construction Easement Premises"); and
WHEREAS,Grantor has agreed to grant such easements to the City pursuant to the terms and
conditions of this Easement Agreement.
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NOW, THEREFORE, for and in consideration of Eight Thousand Nine Hundred Dollars
($8,900.00) in hand paid to Grantor, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. That Grantor,being the owner of the property referenced herein,does hereby grant to
the City of Elgin, an Illinois municipal corporation, a permanent and exclusive easement for the
construction, installation,maintenance,operation and repair of a storm sewer line,a sanitary sewer
line, or both, along with any appurtenances or facilities related thereto, within, over, under, along,
across and through the Easement Premises.
2. That Grantor does hereby further grant to the City a temporary construction easement
within, over, under, along, across and through the Temporary Construction Easement Premises for
the purpose of constructing, installing, maintaining, operating and repairing said sewer lines under
and through the above-described Easement Premises. The temporary construction easement hereby
granted shall be deemed terminated after the twelve(12)month period following the commencement
of construction within the Easement Premises.
3. That following the exercise by the City of any easement rights granted herein,the City
shall promptly repair and restore the Easement Premises or the Temporary Construction Easement
Premises to the same condition as existed immediately prior to the existence of such rights as is
reasonably practicable and shall leave the Easement Premises and the Temporary Construction
Easement Premises surrounding premises 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 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.
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5. That the Grantor and their successors shall not construct any structures or buildings
nor plant any trees on the Easement Premises nor undertake any other activities on the Easement
Premises which unreasonably interfere with the City's intended use of the 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 Easement 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 Easement Agreement shall be governed by and construed in accordance with
the laws of the State of Illinois.
9. That the City may utilize the services of third-party contractors, employees or other
agents to perform work in either the Easement Premises 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 Easement Premises and the Temporary Construction Easement Premises and that it
has the full power and authority to enter into and make the grant of easements as provided herein.
11. That this Easement Agreement shall be binding on the parties hereto,their successors
and permitted assigns and shall run with the land.
12. That this Easement Agreement shall be recorded by the City at the City's cost with the
Kane County Recorder.
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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 GRANTOR:
municipal corporation
By
ayor Le s Sampson
Attest:
City Clerk SU2a n:e Sampson
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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 Diane Robertson, 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 for the uses and purposes therein set forth
Given under my hand an official seal, thi day of 12007.
Nottry
_0 I IA SEAL"
STATE OF ILLINOIS ) KATHRYN RANZOW
) SS. Notary Public,State of Illinois
COUNTY OF K A N E ) My Commission Expires 101212010
1,the undersigned, a Notary Public,in and for said County, in the State aforesaid,do
hereby certify that LAit G sa-m D50,YI ,and 5u mjma "S&A ,are 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 X74- day of , 2007.
Notary 1
U)
0000000111111110
"OFFICIAL SEAL"
MAR GIFFORT
Notary Public,State of Illinois
My Commission Expires 6113108
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EXHIBIT A s
EASEMENT - PARCEL 06-14-404-015 � LL
{rte THS111`/1 G DRAWING NAME �
1REZEK,HENRY, MEISENHEIMER,and GENDE,INC. 20623000-ESMT.OGN
CONSULTING ENGINEERS DATE: MAY 19, 2006
162 E.COOK AVENUE 636 TOLLWAY RD.SUITE F LAST REVISED
www.rhmg.com LIBERTYVILLE,ILLINOIS 60048 ELGIN,ILLINOIS 60123 MAY 31, 2006
info@rhmg.com 647.362.6969 947.742-6969
OTT B
LEGAL DESCRIPTION
DRAINAGE EASEMENT
PARCEL 06-14-404-015
THAT PART OF LOTS 5, 6, 7, 8, 9 AND 10 IN BLOCK 45 OF THE ORIGINAL
TOWN OF ELGIN ON THE WEST SIDE OF THE FOX RIVER, LOCATED IN
SECTION 14, TOWNSHIP 41 NORTH, RANGE 8 EAST IN KANE COUNTY,
ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TRACT 1
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 8, THENCE
NORTHWESTERLY ALONG THE WEST LINE OF AFORESAID LOT 8 A
DISTANCE OF 39.28 FEET TO THE POINT OF BEGINNING OF A LINE DEFINING
THE CENTERLINE OF A 20 FOOT WIDE STRIP OF LAND,THENCE AT AN
ANGLE DEFLECTING TO THE RIGHT 820 00' 35"FROM THE WEST LINE OF
AFORESAID LOT 8 A DISTANCE OF 14.87 FEET,THENCE AT AN ANGLE
DEFLECTING TO THE LEFT 660 09' 58"FROM THE LAST DESCRIBED COURSE
A DISTANCE OF 77.54', THENCE AT AN ANGLE DEFLECTING TO THE RIGHT
130 22' 29"FROM THE LAST DESCRIBED COURSE A DISTANCE OF 169.65
FEET TO A POINT LOCATED IN THE NORTH LINE OF AFORESAID LOT 5
WHICH IS LOCATED 13.29 FEET SOUTHEASTERLY FROM THE NORTHEAST
CORNER OF AFORESAID LOT 5, BEING THE TERMINUS OF A LINE DEFINING
THE CENTER OF A 20 FOOT WIDE STRIP OF LAND, SITUATED IN THE CITY
OF ELGIN, KANE COUNTY, ILLINOIS.
TRACT 2
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 8,THENCE
NORTHWESTERLY ALONG THE WEST LINE OF AFORESAID LOT 8 A
DISTANCE OF 29.18 FEET, THENCE AT AN ANGLE DEFLECTING TO THE
RIGHT 820 00' 35"FROM THE WEST LINE OF AFORESAID LOT 8 A DISTANCE
OF 22.88 FEET, THENCE AT AN ANGLE DEFLECTING TO THE RIGHT 1130 45'
52"FROM THE LAST DESCRIBED COURSE A DISTANCE OF 33.59' TO A POINT
IN THE SOUTH LINE OF AFORESAID LOT 8 LOCATED 13.52 FEET
NORTHEASTERLY FROM THE POINT OF BEGINNING,THENCE
SOUTHWESTERLY ALONG AFORESAID SOUTH LINE OF LOT 8 TO THE POINT
OF BEGINNING, SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
LEGAL DESCRIPTION (continued)
DRAINAGE EASEMENT
PARCEL 06-14-404-015
TRACT 3
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 5,THENCE
SOUTHEASTERLY ALONG THE EAST LINE OF AFORESAID LOT 5 A
DISTANCE OF 46.83 FEET,THENCE AT AN ANGLE DEFLECTING TO THE
RIGHT 1190 13' 06" FOR A DISTANCE OF 24.46 FEET, THENCE AT AN ANGLE
DEFLECTING TO THE RIGHT 90° FROM THE LAST DESCRIBED COURSE A
DISTANCE OF 39.98 FEET TO A POINT IN THE NORTH LINE OF AFORESAID
LOT 5, THENCE NORTHEASTERLY ALONG AFORESAID NORTH LINE OF LOT
5 FOR A DISTANCE OF 1.83 FEET TO THE POINT OF BEGINNING, SITUATED
IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
City of Elgin Memorandum
Date: September 19, 2007
To: Mayor and Members of the City Council
Olufemi Folarin, City Manager
From: William A. Cogley, Corporation Counsel
Subject: Easement Agreement with Lewis and Suzanne Sampson(4 North Jackson Street)
Combined Sewer Separation Project—Project No. 20623000
The City has negotiated with Mr. and Mrs. Lewis Sampson to obtain certain permanent and
temporary construction easements over their property located at 4 North Jackson Street, Elgin,
Illinois. The easements provide for the construction and installation of storm water and sanitary
sewer line improvements required under the City's Combined Sewer Separation Project, Project
No. 20623000. The Sampsons have agreed to grant the necessary easements to the City for
$8,900.00, which was the appraised value of the easements. Attached is a proposed Easement
Agreement granting the required easements to the City.
The Easement Agreement is Item No. 5 on the Consent Agenda for September 26, 2007.
WAC
Attachment