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Home My WebLink About07-38 Recorded Resolution No. 07-38 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR PUBLIC UTILITY PURPOSES FROM BIG TIMBER ELGIN, INC. (WATER TRANSMISSION LINE-HPI-WEST) 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 public utility purposes regarding the HPI-West water transmission line from Big Timber Elgin, Inc., 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: February 14, 2007 Adopted: February 14, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk s/Jennifer Quinton Jennifer Quinton, Deputy City Clerk 1111 11 1111111 111 11 HiLilhlU h1 1 THIS INSTRUMENT PREPARED BY AND RETURN TO: William A. Cogley 2 0121 7 K o a'121 1 GE. City of Elgin Legal Department W E G M A N 150 Dexter Court RECORDER - BANE COUNTY, IL Elgin, Illinois 60120-5555 M niFci; :11;:i,2007 i0:08 MM ^c_ THE ABOVE SPACE FOR RECORDER'S USE EASEMENT AGREEMENT THIS EASEMENT AGREEMENT ("Agreement") is made and entered into this 2"Oday of N '''`'1,2006, by and between the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the "City"), and BIG TIMBER ELGIN, INC., an Illinois corporation, as assignee of HPI Elgin,L.L.C. (hereinafter referred to as the "Grantor"). WITNESSETH: WHEREAS, Grantor owns the real property located in Kane County, Illinois, depicted and legally described on the plat of easement prepared by Midwest Technical Consultants, Inc. dated 4/21/06 (west), attached hereto as Exhibit "A" (such property is hereinafter referred to as the "Easement Premises");and WHEREAS, the parties have determined that it is in their best interests for Grantor to grant to the City an easement in the Easement Premises pursuant to the terms and conditions of this Easement Agreement. NOW, THEREFORE, for and in consideration of the mutual undertakings herein, 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, a permanent and exclusive easement in, through,under and upon the Easement Premises for the following purposes: a. to install,construct, operate, use, maintain, repair, service, upgrade, replace or remove all public utilities, including, but not limited to, a watermain and appurtenances relating thereto;and b. to install, construct, operate, use, maintain, repair, service, upgrade, replace or remove an access road, and to use such access road for travel in,through, over, upon and under the Easement Premises. 2. That the Grantor shall not construct any buildings, structures or other physical improvements 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 the owner hereby further grants to the City, a temporary construction easement upon those portions of Grantor's property depicted and legally described on the plat of easement attached hereto as Exhibit A, as the temporary easement premises for the purpose of constructing and installing public utilities, and appurtenances relating thereto, along and upon the adjacent Easement Premises. Such temporary construction easement shall automatically expire within eighteen (18) months from the commencement of construction of the initial public utilities in the adjacent easement premises. 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. 2 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 and the temporary easement premises. 8. That the Grantor hereby represents and warrants to the City it is the fee simple titleholder of the Easement Premises and the temporary easement premises and that it has the full power and authority to enter into and make the grants 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 City's cost with the Kane County Recorder. (SIGNATURES APPEAR ON THE FOLLOWING PAGE) 3 IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first above written. CITY OF ELGIN,an Illinois municipal corporation Its: Mayor ATTEST: By: 000 0.ftettAg_ City Clerk BIG T R ELGIN, an Illinois corporation C.Attet• By i Name: Aill Its: . TRB/PASQUINELLI/ELGIN/ELGIN-WATER-TRANSMISSION-LINE-EASEMENT-5-12-06(west) 4 STATE OF ILLINOIS ) SS COUNTY OF KANE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Ed Schock,Mayor,and Dolonna Mecum, 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 of the uses and purposes therein set forth. Given under my hand and official seal,th0;�ay of / 20077, L r' 'hi id it_k: At, AS /\) Nota Public111/4 i "OFFICIAL SEAL" KATHRYN J. GRANZOW Notary Public,State of Illinois i My Commission Expires 10/2/2010 STATE OF ILLINOIS ) ,•,wr•�...,.r,..,;,^,,,,.h� -..\. ) SS COUNTY OF KANE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify tha e. . P ' Vl.:u. .of BIG TIMBER ELGIN, INC., an Illinois corporation, is persdnally knoWin 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 and official seal, this 4 0 qday of ,2006. )N1 li • \,....L.4.—_ Notary P is max•. MARGARET A. DUDEK ''FFICIAL SEAL" NOTARY PUS!IC STATE OF ILLENOIS r,,,, �nnitrission Ex fret,OP/26120t37 5 EXHIBIT A Plat of Easement depicting and legally describing the Easement Premises and the temporary easement premises legally described.