HomeMy WebLinkAbout08-137 Recorded Resolution No. 08-137
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
WITH ELGIN COMMUNITY COLLEGE AND THE SIERRA RIDGE
CONDOMINIUM ASSOCIATION REGARDING THE RELOCATION OF
A DETENTION BASIN EASEMENT
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 with Elgin Community College and the Sierra Ridge Condominium
Association regarding the relocation of a detention basin easement, 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: May 28, 2008
Adopted: May 28, 2008
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
This Instrument Prepared R
By and Return After
Recording to: SANDY WEGtefAN
William A. Cogley RECORDER - KANE COUNTY, IL
City of Elgin RECORDED: 9/16/2008 3:56 PM
Legal Department REC FEE: 31.00
(' 150 Dexter Court PAGES: 10
Elgin, IL 60120-5555
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made and entered into this 28th day of
May , 2008, by and between the CITY OF ELGIN, an Illinois municipal corporation,
(hereinafter referred to as the "City"), the BOARD OF TRUSTEES OF COMMUNITY
COLLEGE DISTRICT NO. 509, an Illinois public community college, popularly known as
Elgin Community College (hereinafter referred to as `BCC"), and the SIERRA RIDGE
CONDOMINIUM ASSOCIATION, an Illinois not-for-profit corporation, (hereinafter referred to
as the "Condominium Association").
WHEREAS, there currently exists a non-exclusive storm water detention basin easement
in favor of the City and in favor of the Condominium Association, as successors in interest to
Westfield Homes of Illinois, Inc., an Illinois corporation, created pursuant to that certain
"Agreement Respecting Road Construction, Maintenance and Easements and Drainage
Easements" recorded March 15, 1994 as document number 94K022927 and rerecorded June 14,
1994 as document number 94K048547 and by that certain grant of drainage easement recorded
December 20, 1993 as document number 93K102924 (such storm water detention basin
easement is hereinafter referred to as the"Detention Basin D"); and
WHEREAS, Detention Basin D which consists of an area of 2.983 acres, more or less, is
legally described on Exhibit A attached hereto; and
WHEREAS, the Condominium Association property benefited by the stormwater
detention basin easement for Detention Basin D is depicted on Exhibit B attached hereto and is
identified as Parcel 2 in Exhibit C and is legally described under the heading of Parcel 2 in
Exhibit C attached hereto (such property owned by the Condominium Association is hereinafter
referred to as the "Benefited Property"); and
WHEREAS, such stormwater detention basin easement for the Benefited Property in
Detention Basin D is a non-exclusive easement to use Detention Basin D for the storage of rain,
melting snow, and other naturally occurring surface water gathering upon, or emanating or
flowing from the Benefited Property; and
1
WHEREAS, as part of the City's planned extension of the public street Spartan Drive
being coordinated with and paid in part for by ECC the City intends to locate a portion of the
extended Spartan Drive through a portion of Detention Basin D; and
WHEREAS, the parties hereto have agreed to provide for the release of the non-exclusive
easement to use Detention Basin D and to provide for a new detention basin easement on nearby
property owned by ECC pursuant to the terms and conditions of this Agreement; and
WHEREAS, a second parcel of property owned in part by the City and in part by the
Townhomes of Woodbridge Condominium Association identified as Parcel 1 and legally
described under the heading of Parcel 1 in Exhibit C attached hereto is also benefited by this
stormwater detention basin easement for Detention Basin D, and the City, ECC and the
Townhomes of Woodbridge Condominium Association have agreed by separate agreement with
respect to such Parcel 1 to provide for the release of the non-exclusive easement to use Detention
Basin D and to provide for a new detention basin easement on nearby property owned by ECC
under the same terms and conditions as described in this agreement.
NOW, THEREFORE, for an in consideration of the mutual undertakings as set forth
herein, and other good and valuable consideration,the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. The City, ECC and the Condominium Association hereby agree that the non-
exclusive easement to use Detention Basin D created pursuant to that certain agreement
respecting road construction, maintenance and easements and drainage easements recorded
March 15, 1994 as document number 94K022927 and rerecorded June 14, 1994 as document
number 94K048547 and by that certain grant of drainage easement recorded December 20, 1993
as document number 93K102924 be and is hereby released.
2. ECC hereby grants to the Condominium Association a non-exclusive easement to
use the detention pond consisting of an area of approximately 6.61 acres depicted on Exhibit D
attached hereto and legally described on Exhibit E attached hereto and described on each such
exhibit as "DETENTION POND EASEMENT" for the storage of rain, melting snow, and other
naturally occurring surface water gathering upon, or emanating or flowing from the Benefited
Property (such new detention pond easement depicted on Exhibit D and legally described on
Exhibit E is hereinafter referred to as the "ECC Detention Pond").
3. ECC hereby grants to the City a non-exclusive easement to use the ECC
Detention Pond for the storage and detention of rain,melting snow, and other naturally occurring
surface water gathering upon, or emanating or flowing from the adjacent Phase 2 Spartan Drive
right of way commencing from the current terminus of Spartan Drive at Detention Basin D and
extending easterly to the proposed point of connection with the existing Spartan Drive on the
adjacent ECC property.
4. The City shall be responsible for the construction of the new ECC Detention Pond
in conjunction with the construction of the Phase 2 Spartan Drive Extension. The costs for the
design and construction of the ECC Detention Pond shall be considered a project cost for the
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Spartan Drive Extension Project and shall be shared between the City and ECC as provided for
in the Intergovernmental Agreement between the City and ECC, as amended, regarding the
Spartan Drive Extension Project. Notwithstanding the foregoing, the additional costs for the
construction of the ECC Detention Pond associated with relocating the Benefited Property
storage from Detention Basin D shall not be deemed a project cost and shall be paid by the City.
Such additional costs for relocating the Benefited Property storage from Detention Basin D shall
be determined on an acre foot basis and shall be determined by comparing the acre feet of
Benefited Property storage being relocated from Detention Basin D as compared to the total acre
feet of storage being created in the ECC Detention Pond.
5. The City, ECC and the Condominium Association hereby further agree that ECC
may in the future relocate the ECC Detention Pond on other adjacent property owned by ECC as
long as ECC preserves the easement rights to the Condominium Association and the City as
provided herein and as long as any such relocation is provided for by ECC at its cost and in
accordance with all requirements of law. In the event of such a relocation of the ECC Detention
Pond, the City, ECC and the Condominium Association agree to execute an instrument in
recordable form providing for such relocation subject to each parties approval thereof, which
such approval shall not be unreasonably withheld.
6. ECC agrees to and shall be responsible for the maintenance of the ECC Detention
Pond. The costs for the maintenance of the ECC Detention Pond shall be shared equally
between ECC and the City.
7. That no amendment, revision or modification hereof shall be effective unless it is
in writing and signed by all of the parties hereto.
8. This Agreement shall be governed by and construed in accordance with the laws
of the State of Illinois.
9. This Agreement shall be binding on the parties hereto, their successors and
permitted assigns and shall run with the land.
10. This Agreement shall be recorded by the City with the Kane County Recorder.
11. This Agreement is and shall be construed to be the joint and collective work
product of the parties hereto, and as such, this Agreement shall not be construed against any
party, as the otherwise purported draft or same,by any court of competent jurisdiction in order to
resolve any inconsistency, ambiguity, vagueness or conflict in the terms and provisions, if any,
contained herein.
SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, the parties have executed this Agreement effective the date
and year first written above.
CITY OF ELGIN, an Illinois BOARD OF TRUSTEES OF
municipal corporation COMMUNITY COLLEGE DISTRICT
NO. 509, an Illinois public college,
By By
Mayor Its hairman 7(51411.
Attest: Attest:
City Clerk Secret
SIERRA RIDGE
CONDOMINIUM ASSOCIATION,
an Illinois not-for-profit co o tion
r
By
Its Presi nt
tte t:
Its Se etary
F:\Legal DepMgreement\Easement-ECC&Sierra Ridge-Detention Basin D-clean 5-1-08.doc
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EXHIBIT A
LEGAL DESCRIPTION FOR DETENTION AREA NORTH OF WOODBRIDGE
THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21,
TOWNSHIP 41 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID QUARTER, QUARTER;
THENCE NORTH 00 DEGREES 53 MINUTES 20 SECONDS WEST, ALONG THE EAST LINE OF
SAID QUARTER,QUARTER, 763.57 FEET, TO A POINT THAT IS 553.32 FEET SOUTH OF THE
NORTHEAST CORNER OF SAID QUARTER, QUARTER, (AS MEASURED ALONG SAID EAST
LINE);THENCE NORTH 00 DEGREES 53 MINUTES 20 SECONDS WEST,CONTINUING ALONG
THE AFOREDESCRIBED COURSE, 553.32 FEET, TO THE NORTHEAST CORNER OF SAID
QUARTER, QUARTER; THENCE SOUTH 88 DEGREES 20 MINUTES 41 SECONDS WEST,
ALONG THE NORTH LINE OF SAID QUARTER, QUARTER, 405.00 FEET;THENCE SOUTH 01
DEGREES 39 MINUTES 19 SECONDS EAST, AT RIGHT ANGLES TO THE LAST DESCRIBED
COURSE, 90.00 FEET; THENCE SOUTH 42 DEGREES 17 MINUTES 34 SECONDS EAST,
610.50 FEET, TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS.
CONTAINING 2.983 ACRES, MORE OR LESS.
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EXHIBIT C
TOWNHOME PARCELS
PARCEL 1 LEGAL DESCRIPTION
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 21 AND THE NORTHWEST QUARTER
OF SECTION 28, BOTH IN TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE
NORTHWEST QUARTER OF SAID SECTION 28;THENCE SOUTH 01 DEGREES 40 MINUTES 29
SECONDS EAST,ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 28,
405.50 FEET; THENCE NORTH WESTERLY THE FOLLOWING SIX COURSES, ALONG THE
NORTHERLY LINE OF COLLEGE GREEN DRIVE AS RECORDED PER DOCUMENT 91K24760,
SOUTH 88 DEGREES 19 MINUTES 31 SECONDS WEST, 194.95 FEET (194.90 RECORD);
THENCE NORTHWESTERLY ALONG A CURVE, TANGENT TO THE LAST DESCRIBED COURSE
CONCAVE NORTHERLY WITH A RADIUS OF 315.00 FEET,AN ARC DISTANCE OF 307.94 FEET;
THENCE NORTH 35 DEGREES 39 MINUTES 45 SECONDS WEST, 181.47 FEET; THENCE
NORTHWESTERLY ALONG A CURVE, TANGENT TO THE LAST DESCRIBED COURSE, CONCAVE
SOUTHERLY WITH A RADIUS OF 735.00 FEET, AN ARC DISTANCE OF 301.16 FEET, TO A
POINT OF COMPOUND CURVATURE; THENCE NORTHWESTERLY ALONG A CURVE, CONCAVE
SOUTHERLY WITH A RADIUS OF 798.00 FEET, AN ARC DISTANCE OF 455.79 FEET; THENCE
SOUTH 88 DEGREES 08 MINUTES 07 SECONDS WEST, 82.48 FEET; THENCE NORTH 01
DEGREES 51 MINUTES 53 SECONDS WEST, ALONG THE EAST LINE OF RANDALL ROAD'AS
DEDICATED PER DOCUMENT 91K33285, 260.02 FEET; THENCE NORTH 88 DEGREES 08
MINUTES 07 SECONDS EAST, 248.16 FEET; THENCE NORTHEASTERLY ALONG A CURVE,
CONCAVE SOUTHERLY WITH A RADIUS OF 250.00 FEET,AN ARC DISTANCE OF 171.81 FEET,
THE CHORD THEREOF HAVING A BEARING OF NORTH 72 DEGREES 17 MINUTES 07 SECONDS
EAST AND A LENGTH OF 168.45 FEET; THENCE SOUTH 88 DEGREES 01 MINUTES 36
SECONDS EAST, 102.18 FEET;THENCE EASTERLY ALONG A CURVE,TANGENT TO THE LAST
DESCRIBED COURSE, CONCAVE NORTHERLY, WITH A RADIUS OF 795.00 FEET, AN ARC
DISTANCE OF 182.28 FEET; THENCE NORTH 78 DEGREES 50.MINUTES 12 SECONDS EAST,
11.28 FEET; THENCE NORTH 10 DEGREES 12 MINUTES 47 SECONDS WEST, 94.28 FEET;
THENCE SOUTH 79 DEGREES 47 MINUTES 13 SECONDS EAST, 178.35 FEET;THENCE SOUTH IN) .
77 DEGREES 57 MINUTES 35 SECONDS EAST, 105.78 FEET; THENCE SOUTH 61 DEGREES 55
MINUTES 21 SECONDS EAST, 123.53 FEET; THENCE SOUTH 28 DEGREES 04 MINUTES 39
SECONDS WEST,81.89 FEET;THENCE SOUTH 46 DEGREES 29 MINUTES 29 SECONDS EAST,
45.18 FEET; THENCE NORTH 86 DEGREES 19 MINUTES 32 SECONDS EAST, 225.03 FEET; p ,
THENCE SOUTH GO DEGREES 53 MINUTES 20 SECONDS EAST,ALONG THE EAST LINE OF THE at
SOUTHWEST QUARTER OF SAID SECTION 21, 467.70 FEET TO THE POINT OF BEGINNING IN
KANE COUNTY, ILLINOIS.
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PARCEL 2 LEGAL DESCRIPTION
THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 26,
TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED
AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE EAST HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 28;THENCE NORTH 87 DEGREES 57 MINUTES
36 SECONDS EAST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 28,899.32 FEET; TO THE POINT OF BEGINNING; THENCE NORTH 01 DEGREES
51 MINUTES 53 SECONDS WEST,PARALLEL WITH THE PRESENT CENTERLINE OF COUNTY
HIGHWAY ROUTE 34, RANDALL ROAD (F.A.S. ROUTE 1110) 2271.89 FEET, TO THE
SOUTH LINE OF COLLEGE GREEN DRIVE AS DEDICATED PER DOCUMENT 91K24760;
THENCE SOUTHEASTERLY,ALONG SAID SOUTH LINE OF COLLEGE GREEN DRIVE,ALONG
A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 385.00 FEET, AN ARC
DISTANCE OF 257.83 FEET, THE CHORD THEREOF HAVING A BEARING OF SOUTH 72
DEGREES 29 MINUTES 24 SECONDS EAST AND A LENGTH OF 253.03 FEET; THENCE
NORTH 88 DEGREES 19 MINUTES 31 SECONDS EAST, CONTINUING ALONG THE SAID
SOUTH LINE OF COLLEGE GREEN DRIVE 194.95 FEET(194.90 RECORD); THENCE SOUTH
01 DEGREES 40 MINUTES 29 SECONDS EAST, ALONG THE EAST LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 28,2186.40FEET;THENCE SOUTH 87 DEGREES
57 MINUTES 36 SECONDS WEST, ALONG THE SOUTH LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 28,426.40 FEET TO THE POINT OF BEGINNING (EXCEPTING
THEREFROM THAT PART FALLING WITHIN BOWES ROAD RIGHTS-OF-WAY) IN KANE
COUNTY, ILLINOIS.
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CRAWFORD, MURPFIY &
CONSULTING ENGINEERS TLLY, INC'
EDWARDSVILLE, ILLINOIS
DETENTION POND EASEMENT
PART OF THE SE 1/4 OF SECTION 21, T41N, R8E OF THE 3RD P.M., KANE COUNTY, ILLINOIS
ROW as shown on Plat of Dedication
recorded as Doc. No. 2003R016348
SPARTAN DRIVE 70'W
285.16'
N88'19'24'E
L=152.43' L=77.42'
R=565.00' R=565.00'
N80'35'40"E S87'45'05'E I
CH=151.97' CH=77.36'
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Z 287,964 sq.ft.
6.61 acres I
P.O.B.
512.20'
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I, the undersigned Professional Illinois Land Surveyor,
�TORTH�
do hereby declare that the above is a true representation
of�vey made under my supervision as shown hereon. 0 200 400
►.Av liranCP PYr rAc 11/30/90n6 SCALE IN FEET
DETENTION POND EASEMENT:
Part of the Southeast Quarter of Section 21, Township 41 North, Range 8 East of the Third Principal
Meridian, Kane County, Illinois, described as follows:
Commencing at the southwest corner of the Southeast Quarter of said Section 21; thence
North 01 degree 04 minutes 53 seconds East, on the west line of said Southeast Quarter, 694.17
feet to the Point of Beginning of the easement herein described;thence North 01 degree 04 minutes
53 seconds East, continuing on said west line, 544.65 feet to the existing southerly right of way line
of Spartan Drive (70 feet wide) as shown on the Plat of Dedication recorded as Document Number
2003R016348 of Kane County Records; thence on said existing southerly right of way line for the
following 3 courses: (1)northeasterly 152.43 feet on a curve to the right, having a radius of 565.00
feet, the chord of said curve bears North 80 degrees 35 minutes 40 seconds East, 151.97 feet,
(2)North 88 degrees 19 minutes 24 seconds East, 285.16 feet, (3) southeasterly 77.42 feet on a
curve to the right, having a radius of 565.00 feet, the chord of said curve bears South 87 degrees 45
minutes 05 seconds East, 77.36 feet;thence South 01 degree 04 minutes 53 seconds West, 559.79
feet; thence South 88 degrees 19 minutes 17 seconds West, 512.20 feet to the point of beginning,
containing 6.61 acres or 287,964 square feet.
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4/19/06
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