HomeMy WebLinkAbout08-4 Resolution No. 08-4
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT TO GRANT EASEMENT
FOR PUBLIC STREETS AND UTILITIES FROM GOOD SHEPHERD LUTHERAN
CHURCH U.A.C. AND FIRST BAPTIST CHURCH OF ELGIN
(3091 U.S. Route 20)
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 agreement to grant easement for public streets and utilities from Good Shepherd Lutheran
Church U.A.C. and First Baptist Church of Elgin for property at 3091 U.S. Route 20, a copy of
which is attached hereto.
s/Ed Schock
Ed Schock, Mayor
Presented: January 9, 2008
Adopted: January 9, 2008
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
AGREEMENT TO GRANT EASEMENT
This Agreement, made and entered into thist1 - day ofS-,�`j 4,��'Y , 2008, by
and between THE CITY OF ELGIN, a municipal corporation of the Counties lof Kane and
Cook, State of Illinois ("City"), THE GOOD SHEPHERD LUTHERAN CHURCH U. A.
C. OF ELGIN, ILLINOIS ( "Good Shepherd") and FIRST BAPTIST CHURCH OF
ELGIN ( "First Baptist");
WITNESSETH:
WHEREAS, Good Shepherd is the record title holder in and to the parcel of real estate
described on Exhibit "A" attached hereto and made a part hereof ("Good Shepherd Parcel");
and
WHEREAS, First Baptist is the record title holder in and to the parcel of real estate
described on Exhibit "B" attached hereto and made a part hereof ("First Baptist Parcel"); and
WHEREAS, that portion of the First Baptist Parcel described on Exhibit "C" shall
hereinafter be referred to in the aggregate as the "Easement Parcel"; and
WHEREAS, the City desires to construct or cause to be constructed within the
Easement Parcel for the benefit of the Good Shepherd Parcel and the First Baptist Parcel (i) a
municipal water main currently anticipated to be approximately eight (8) inches in size and
appurtenances relating thereto (collectively the "Water Main") and (ii) a gravity sanitary sewer
l'ne currently anticipated to be approximately ten (10)in size and appurtenances relating
thereto (collectively the "Sewer Line"), the Water Main and the Sewer Line being hereinafter
referred to in the aggregate as the "Improvements"; and
WHEREAS, in pursuance of the construction of the Improvements, the City desires
that each of the Owners execute an Easement Agreement ("Easement Agreement") in the form
attached hereto as Exhibit "D": and
WHEREAS, it is understood and agreed that City shall cause the Improvements to be
constructed in the Easement Parcel and that the City may use third party contractors,
employees, or other agents to perform the obligations of the City as set forth herein; and
WHEREAS, the Owners are desirous of cooperating with the City and allowing the
construction of the Improvements within the Easement Parcel, but only under certain terms
and conditions as set forth herein.
NOW, THEREFORE, for and in consideration of the mutual p,omises, agreements,
and undertakings as set forth herein, and for other good and valuable consideration, the
sufficiency of which the parties hereby acknowledge, the City and the Owners hereby agree as
follows:
c,s171-ar . ;I 1
•
1. In the construction of the Water Main and the Sewer Line, the City agrees that the
following guidelines shall control the construction project;
A. Topsoil shall be stripped from the Easement Parcel and stockpiled on the
adjacent property of First Baptist as located and directed by First Baptist, provided,
however, that in the event First Baptist fails to provide such location and direction to
the City, the topsoil shall be stockpiled on that portion of First Baptist's adjacent
property adjacent to the Easement Parcel as determined by the City. First Baptist
hereby further grants to the City an easement for the purpose of stockpiling topsoil on
First Baptist's adjacent property;
B. Excavated trench spoils shall be stockpiled separate from the topsoil as
located and directed by First Baptist on First Baptist's adjacent property as located and
directed by First Baptist, provided, however, that in the event First Baptist fails to
provide such location and direction to the City, the excavated trench spoils shall be
stockpiled on that portion of First Baptist's adjacent property adjacent to the Easement
Parcel as determined by the City. First Baptist hereby further grants to the City an
easement for the purpose of stockpiling trench spoils on First Baptist's adjacent
property;
C. After pipe installation, trench spoils shall be placed back in the trench in
uniform layers not exceeding twelve (12) inches thick (loose measure) and each layer
shall be compacted with mechanical equipment to ninety percent (90%) of maximum
density as determined by the Standard Proctor Test;
D. Excess clay material shall be placed over the entire Easement Parcel in
uniform layers and compacted to the specifications set forth in the foregoing
subparagraph C;
E. All topsoil shall be respread over the entire Easement Parcel in even layers;
F. Final grading shall be performed in such a manner that adheres to drainage
patterns prior to initiation of the installation; under no circumstances shall there be any
ponding of stormwater runoff in areas where ponding did not occur prior to
construction contemplated in this Agreement;
G. The entire Easement Parcel shall be seeded with rye or oats upon
completion of final grading. Planting of seed shall occur between May 1 and
Septembar 20 " less directed r3thery se b., Owners; Pnd
H. The Owners shall be added as additional insured parties to all insurance
policies issued to or on behalf of the City with respect to the construction of the
Improvements.
2. Good Shepherd agrees to obtain all applicable permits and licenses and to
indemnify and hold First Baptist harmless from and against violations relating to permits and
licenses required for the construction of the Improvements.
3. The cost of the installation of the Improvements, including the cost of the
preparation of this Agreement, shall be borne solely by Good Shepherd.
4. The Improvements shall be designed and installed in such a way that First Baptist
may connect to the Improvements for the development of the First Baptist Parcel without
having to pay any recapture costs for the Improvements. First Baptist shall be required to pay
for such a connection all other customary City fees and contributions associated with the
connection to the Improvements. Such installation shall include stubs in the First Baptist
Parcel for such connection.
5. The parties agree that, in the event of a default by any party, one or both of the
other parties shall, prior to taking any action as may be available to them, provide written
notice to the defaulting party stating the default and giving the defaulting party thirty (30)
days to cure. It the default shall not be cured within the cure period aforesaid, then the party
aivina the notice shall he nermitted to avail itself of any remedies to which it may he entitled
at law or in equity. If it is necessary for either party to bring any action to enforce any of the
provisions of this Easement Agreement, the prevailing party shall be entitled to recover its
costs, including court costs and reasonable attorneys fees, from the other party.
6. This Agreement shall be binding on the parties hereto and their respective
successors and assigns.
IN WITNESS WHEREOF, the parties have executed this agreement the day and date
first above written.
CITY OF ELGIN
BYE,,
Mayor
ATTEST:
�
City Clerk \\
FIRST BAPTIST CHURCH OF ELGIN THE GOOD SHEPHERD LUTHERAN
CHURCH U. A. C. OF ELGIN, ILLINOIS
By: _ • c` ." 1:2( '
C.SLCTEC.. ;; 3
THAT PART OF SECTIONS 17 AND 18, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST CORNER OF MOELLER'S SUBDIVISION, A SUBDIVISION OF SAID SECTION
17, AND ALSO BEING A POINT IN THE CENTER LINE OF U.S. ROUTE 20; THENCE
NORTHWESTERLY ALONG SAID CENTER LINE, BEING ON A CURVE TO THE RIGHT AND
HAVING A RADIUS OF 4326. 96 FEET, AN ARC DISTANCE OF 296. 90 FEET; (THE CHORD
OF THE LAST DESCRIBED CURVE BEARING NORTH 66 DEGREES, 19 MINUTES, 12
SECONDS WEST 269 . 86 FEET) ; THENCE NORTH 64 DEGREES, 58 MINUTES, 36 SECONDS
WEST ALONG SAID CENTER LINE, 170.08 FEET FOR THE POINT OF BEGINNING; THENCE
CONTINUING NORTH 64 DEGREES, 58 MINUTES 36 SECONDS WEST ALONG SAID CENTER
LINE, 577. 78 FEET TO THE CENTER LINE OF NESTLER ROAD; THENCE SOUTH 31
DEGREES, 41 MINUTES, 01 SECONDS WEST ALONG SAID CENTER LINE, 1121 .36 FEET;
THENCE SOUTH 64 DEGREES, 58 MINUTES, 36 SECONDS EAST 1218. 07 FEET; THENCE
NORTH 21 DEGREES, 24 MINUTES, 53 SECONDS EAST ALONG A LINE, IF EXTENDED,
WOULD INTERSECT THE SOUTHWEST CORNER OF MOELLER'S SUBDIVISION AFORESAID, A
DISTANCE OF 822.34 FEET TO A POINT 300.0 FEET SOUTHWESTERLY OF SAID
SOUTHWEST CORNER OF MOELLER'S SUBDIVISION (AS MEASURED ALONG SAID EXTENDED
LINE); THENCE NORTH 67 DEGREES, 16 MINUTES, 47 SECONDS WEST 439 .48 FEET;
THENCE NORTH 21 DEGREES, 27 MINUTES, 30 SECONDS EAST 311.34 FEET TO THE
POINT OF BEGINNING, (EXCEPTING THEREFROM THAT PART OF U.S. ROUTE 20
DEDICATED FOR ROADWAY PURPOSES BY DOCUMENT NUMBERS 424677 AND 1363891 ), IN
ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS.
EXHIBIT '
THAT PART OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST CORNER OF MOELLER'S SUBDIVISION, A SUBDIVISION OF SECTION
17, TOWNSHIP AND RANGE AFORESAID, AND ALSO A POINT IN THE CENTER LINE
OF U.S. ROUTE 20; THENCE NORTHWESTERLY ALONG SAID CENTER LINE, BEING
ON A CURVE TO THE RIGHT AND HAVING A RADIUS OF 4326.96 FEET, AN ARC
DISTANCE OF 269.90 FEET; (THE CHORD OF THE LAST DESCRIBED CURVE
BEARING NORTH 66 DEGREES 19 MINUTES 12 SECONDS WEST 269.86 FEET);
THENCE NORTH 64 DEGREES 58 MINUTES 36 SECONDS WEST ALONG SAID
CENTER LINE, 170.08 FEET TO A CORNER IN THE NORTH LINE OF PROPERTY
DESCRIBED IN DOCUMENT NO. 93K72231, RECORDED SEPTEMBER 21, 1993;
THENCE CONTINUING NORTH 64 DEGREES 58 MINUTES 36 SECONDS WEST ALONG
SAID CENTER LINE AND ALONG THE NORTH LINE OF SAID DOCUMENT NO.
93K72231, 577.78 FEET TO THE CENTER LINE OF NESTLER ROAD; THENCE SOUTH
31 DEGREES 41 MINUTES 01 SECONDS WEST ALONG SAID CENTER LINE AND THE
WEST LINE OF SAID 93K72231, 1121.36 FEET TO THE SOUTHWEST CORNER OF SAID
DOCUMENT AND POINT OF BEGINNING; THENCE SOUTH 58 DEGREES 36 MINUTES
36 SECONDS EAST 1218.07 FEET TO THE SOUTHEAST CORNER OF SAID
DOCUMENT; THENCE SOUTH 21 DEGREES 24 MINUTES 54 SECONDS WEST ALONG
THE SOUTHWESTERLY EXTENSION OF THE SOUTHEASTERLY LINE OF SAID
DOCUMENT, A DISTANCE OF 1538.12 FEET TO THE NORTHEAST CORNER OF LAND
DESCRIBED IN DOCUMENT NO. 97K080581; THENCE NORTH 68 DEGREES 12
MINUTES 58 SECONDS WEST ALONG THE NORTH LINE OF SAID DOCUMENT,
• 1548.70 FEET TO THE NORTHWEST CORNER OF SAID DOCUMENT AND ALSO THE
CENTER LINE OF NESTLER ROAD; THENCE NORTH 40 DEGREES 59 MINUTES 24
SECONDS EAST ALONG SAID CENTER LINE 5.57 FEET; THENCE NORTHEASTERLY
ALONG SAID CENTER LINE BEING ON A CURVE TO THE LEFT, HAVING A RADIUS
OF 3032.05 FEET, AN ARC DISTANCE OF 498.47 FEET(THE CHORD OF THE LAST
DESCRIBED CURVE BEARING NORTH 36 DEGREES 22 MINUTES 19 SECONDS EAST
497.91 FEET); THENCE NORTH 31 DEGREES 41 MINUTES 01 SECONDS EAST ALONG
SAID CENTER LINE 1136.73 FEET TO THE POINT OF BEGINNING, EXCEPT THE
WESTERLY 33.00 FEET THEREOF(NESTLER ROAD RIGHT OF WAY). CONTAINING
48.163 ACRES IN ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS.
EXHIBIT..
THAT PART OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 8 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF MOELLER'S SUBDIVISION,
A SUBDIVISION OF SECTION 17, TOWNSHIP AND RANGE AFORESAID,
AND ALSO BEING A POINT IN THE CENTER LINE OF U.S. ROUTE 20;
THENCE NORTHWESTERLY ALONG SAID CENTER LINE, BEING A CURVE
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 4326. 96 FEET,
HAVING A CHORD BEARING OF NORTH 66 DEGREES 19 MINUTES 12
SECONDS WEST AND A CHORD LENGTH OF 269.86 FEET, FOR AN ARC
DISTANCE OF 269. 90 FEET Inc' A POINT; THENCE NORTH 64 DEGREES
58 MINUTES 36 SECONDS WEST ALONG SAID CENTERLINE A DISTANCE
OF 170.08 FEET TO A CORNER IN THE NORTH LINE OF PROPERTY
DESCRIBED IN DOCUMENT NO. 93K72231, RECORDED SEPTEMBER 21,
1993; THENCE CONTINUING NORTH 64 DEGREES 58 MINUTES 36
SECONDS WEST ALONG SAID CENTERLINE AND ALONG THE NORTH LINE
OF SAID DOCUMENT NO. 931{72231 A DISTANCE OF 577. 78 FEET TO
THE CENTER LINE OF NESLER ROAD; THENCE SOUTH 31 DEGREES 41
MINUTES 01 SECONDS WEST ALONG SAID CENTER LINE AND THE WEST
LINE OF SAID DOCUMENT NO. 931{72231 A DISTANCE OF 1121 . 38
FEET TO THE SOUTHWEST CORNER CF SAID DOCUMENT NO. 931{72231;
THENCE SOUTH 64 DEGREES 58 MINUTES 36 SECONDS EAST ALONG
THE SOUTHERLY LINE OF SAID DOCUMENT NO. 931{72231 A DISTANCE
CF 1218 . 07 FEET TO THE SOUTHEAST CORNER OF SAID DOCUMENT,
BETN THE POINT OF BEGINNING; THENCE SOUTH 21 DEGREES 24
MINUTES 54 SECONDS WEST ALONG THE SOUTHWESTERLY EXTENSION
OF THE SOUTHEASTERLY LINE OF SAID DOCUMENT NO. 931{72231 A
DISTANCE OF FEET TO A LINE THAT IS PARALLEL WITH AND
70 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE
SOUTHERLY LINE OF SAID DOCUMENT NO. 931{72231; THENCE NORTH
64 DEGREES 58 MINUTES 36 SECONDS WEST ALONG SAID PARALLEL
LINE A DISTANCE OF 30.06 FEET TO A LINE THAT IS PARALLEL
WITH AND 30 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES
TO, SAID SOUTHWESTERLY EXTENSION OF THE SOUTHEASTERLY LINE
OF SAID DOCUMENT NO. 931{72231; THENCE NORTH 21 DEGREES 24
MINUTES 53 SECONDS EAST ALONG SAID PARALLEL LINE A DISTANCE
OF 3 FEET TO SAID SOUTHERLY LINE OF DOCUMENT NO.
931{72231 ; THENCE SOUTH 64 DEGREES `.8 MINUTES 36 SECONDS
EAST ALONG SAID SOUTHERLY _:NE OF DOCUMENT NO. 931{72231 A
DISTANCE OF 30. 6 FEET TJ .SAID FOINT OF BEGINNING IN (ANE
CCC".iY, :L:.INOIS.
EXHIBIT '�
This Instrument Prepared
by and Return After
Recording to:
William A. Cogley, Esq.
City of Elgin
Legal Department
150 Dexter Court
Elgin, Illinois 60120-5555
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT made and entered into this day of
2007,by and between the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter
referred to as the"City"), and GOOD SHEPHERD LUTHERAN CHURCH U.A.C., OF
ELGIN, ILLINOIS (hereinafter referred to as the "Grantor").
WITNESSETH
WHEREAS, Grantor owns the real property depicted on the Easement Exhibit prepared
by Jacob and Hefner Associates, of Oakbrook Terrace, Illinois, dated October 3, 2007, attached
hereto as Exhibit A-1 and legally described on Exhibit A-2 attached hereto(the "Grantor's
Parcel"); and
WHEREAS, the City desires to obtain an easement from Grantor for the purpose of
installing, constructing, operating,using,maintaining, locating, upgrading, repairing, replacing,
or removing underground sanitary sewer lines and other appurtenances related thereto under a
portion or portions of the Grantor's Parcel; and
WHEREAS, Grantor has agreed to grant such easement for such purpose pursuant to the
terms and conditions of this Easement Agreement.
NOW,THEREFORE, for and in consideration of Ten Dollars ($10.00)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:
;t 11.1(4' .:i:fg 'he '•�::Ll• - t he ;„ t;;It'FI{ti e} i; _�1 �fti'«=:;?4t"�l
herein, does hereby grant to the City a permanent and exclusive(except as set forth in Paragraph
4 hereof) easement to install, construct, operate, use,maintain, locate, upgrade, repair, service,
remove, or replace underground sanitary sewer lines and other underground appurtenances
relating to sanitary sewer lines in,upon, and under those portions of the Grantor's Parcel labeled
as "30' Sewer Easement" on Exhibit A-1 attached hereto("Easement Premises"). No above-
ground structures (other than manholes and hydrants) or roadways may be constructed on
reatestgdshprd.eas
EXHIBIT
maintained by the City pursuant to this Easement Agreement.
2. Restoration of Easement Premises. 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 condition as existed immediately prior to the existence of such rights as is reasonably
practicable. In all construction within the Easement Premises,the following guidelines shall
control:
a. Topsoil shall be stripped from the entire Easement Premises and stockpiled on Grantor's
adjacent property as located and directed by City,provided, however, that in the event
Grantor fails to provide such locations and directions to City, the topsoil shall be
stockpiled on that portion of Grantor's property adjacent to the Easement Premises, as
determined by City. Grantor hereby further grants to City a temporary easement for the
purpose of stockpiling topsoil on Grantor's adjacent property;
b. Excavated trench spoils shall be stockpiled separate from the topsoil as located and
directed by Grantor on Grantor's adjacent property as located and directed by Grantor,
provided,however,that in the event Grantor fails to provide such locations and directions
to City, the excavated trench spoils shall be stockpiled on that portion of Grantor's
property adjacent to the Easement Premises as determined by City. Grantor hereby
further grants to City a temporary easement for the purpose of stockpiling trench spoils on
Grantor's adjacent property;
c. After pipe installation, trench spoils shall be placed back in the trench in uniform layers
not exceeding twelve (12) inches thick (loose measure);
d. Excess clay material shall be placed over the entire Easement Premises in uniform layers;
e. Not less than six (6) inches of topsoil shall be respread over the entire Easement
Premises. All remaining topsoil shall be evenly respread over the entire Easement
Premises;
f. Final grading shall be performed in such a manner that adheres to drainage patterns prior
to initiation of the installation; under no circumstances shall there be any ponding of
stormwater runoff in areas where ponding did not occur prior to construction
contemplated in this Agreement;
The entire Easement Premises shall be seeded with rye or oats upon completion of tinal
grading. Planting of seed shall occur between May 1 and September 3U, unless directed
otherwise by Grantor; and
h. Grantor shall be added as an additional insured party to all insurance policies issued to or
on behalf of City with respect to any work within the Easement Premises.
realest`gdshprd.eas
The Easement Premises and surrounding premises shall be left free from debris.
3. Indemnification. The City for itself, its agents and independent contractors,hereby agrees
to indemnify and hold Grantor and its successors harmless from any and all 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.
4. Restrictions: Reservations. The Grantor and Grantor's successors shall not construct any
buildings 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. Anything
contained in this Agreement to the contrary notwithstanding, it is understood that the Grantor
shall have(and hereby reserves) the right to (i) construct or otherwise install surface
improvements consisting of parking lot improvements,private or publicly dedicated streets and
sidewalks,bicycle and pedestrian paths, and landscaping and (ii) install utility lines and related
appurtenances which cross perpendicularly through the Easement Premises as reasonably
required to service any development on the Grantor's Parcel, provided that such is done in a
manner which does not unreasonably interfere with the City's intended use of the Easement
Premises.
5. Amendment. No amendment,revision, or modification hereof shall be effective unless it
is in writing and signed by all parties hereto.
6. Entire Agreement. 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.
7. Applicable Law. This Easement Agreement shall be governed by and construed in
accordance with the laws of the State of Illinois.
8. Contractors. 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. Warranty of Title. The Grantor hereby represents and warrants to the City that 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 grant of easement as provided herein.
10. Binding. This Easement Agreement shall be binding on the parties hereto, their
successors and permitted assigns and shall run with the land.
11. Recording. This Easement Agreement shall be recorded by the Grantor at the Grantor's
realestgdshprd.eas
• 'r
cost with the Kane County Recorder.
12. Joint Preparation. This Easement Agreement is and shall be deemed and construed to be the
joint and collective work product of the Grantor and the City and, as such,this Easement Agreement
shall not be construed against either party,as the otherwise purported drafter of same,by any Court of
competent jurisdiction in order to resolve any inconsistency,ambiguity,vagueness,or conflict,if any,
in the terms or provisions contained herein.
13. Release of Easement. The City may terminate this instrument by recording a release in
recordable form with directions for delivery of same,whereupon all rights, duties, and liabilities
hereby created shall cease and be of no further force or effect.
IN WITNESS WHEREOF,the parties have entered into and executed this Easement
Agreement on the date and year first written above.
CITY OF ELGIN GOOD SHEPHERD LUTHERAN
CHUCH U.A.C.,OF ELGIN,ILLINOIS
By By:
Mayor Its Executive Director
Attest: Attest:
City Clerk Secretary
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 Ed Schock,Mayor,and Dolonna Mecum,City Clerk,of the CITY OF ELGIN,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 N oluntary act of the uses and purposes therein set forth.
Given under my hand and official seal,this day of ,2007.
Notary Public
realestlgdshprd.eas
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 Ursula Kasperson,Executive Director of GOOD SHEPHERD LUTHERAN CHURCH
U.A.C.,ELGIN ILLINOIS,and David H.Pool, Secretary thereof,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 the free and voluntary
act thereof for the uses and purposes therein set forth.
Given under my hand and official seal, this day of , 2007.
Notary Public
realest\gdshprd.eas
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JACOB & HEFNER ASSOCIATES, P.C.
ENGINEERS - SURVEYORS / 120
,5 1901 S. Meyer, Road, Suite 350
Oakbrook Terrace, IL 60181
(630) 652-4600 FAX (630) 652-4601
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ILLINOIS PROFESSIONAL DESIGN MN
LICENSE NO. 184-003073
30' EASEMENT FOR SANITARY SEWER ON GOOD SHEPHERD PARCEL
THE EASTERLY MOST 30.00 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND:
THAT PART OF SECTIONS 17 AND 18, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST CORNER OF MOELLER'S SUBDIVISION, A SUBDIVISION OF SAID SECTION
17, AND ALSO BEING A POINT IN THE CENTERLINE OF U.S. ROUTE 20; THENCE
NORTHWESTERLY ALONG SAID CENTERLINE, BEING ON A CURVE TO THE RIGHT AND
HAVING A RADIUS OF 4326.96 FEET, AN ARC DISTANCE OF 296.90 FEET (THE CHORD
OF THE LAST DESCRIBED CURVE BEARING NORTH 66 DEGREES 19 MINUTES 12
SECONDS WEST, 269.86 FEET); THENCE NORTH 64 DEGREES 58 MINUTES 36
SECONDS WEST ALONG SAID CENTERLINE, 170.08 FEET FOR THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 64 DEGREES 58 MINUTES 36 SECONDS
WEST ALONG SAID CENTERLINE, 577.78 FEET TO THE CENTERLINE OF NESTLER
ROAD; THENCE SOUTH 31 DEGREES 41 MINUTES 01 SECONDS WEST ALONG SAID
CENTERLINE, 1121.36 FEET; THENCE SOUTH 64 DEGREES 58 MINUTES 36 SECONDS
EAST 1218.07 FEET; THENCE NORTH 21 DEGREES 24 MINUTES 53 SECONDS EAST
ALONG A LINE, IF EXTENDED, WOULD INTERSECT THE SOUTHWEST CORNER OF
MOELLER'S SUBDIVISION AFORESAID, A DISTANCE OF 822.34 FEET TO A POINT 300.00
FEET SOUTHWESTERLY OF SAID SOUTHWEST CORNER OF MOELLER'S SUBDIVISION
(AS MEASURED ALONG SAID EXTENDED LINE); THENCE NORTH 67 DEGREES 16
MINUTES 47 SECONDS WEST, 439.48 FEET; THENCE NORTH 21 DEGREES 27 MINUTES
30 SECONDS EAST, 311.34 FEET TO THE POINT OF BEGINNING, (EXCEPTING
THEREFROM THAT PART OF U.S. ROUTE 20 DEDICATED FOR ROADWAY PURPOSES
BY DOCUMENT NUMBERS 424677 AND 1363891), IN ELGIN TOWNSHIP, KANE COUNTY,
ILLINOIS.
EXHIBIT.-
This Instrument Prepared
by and Return After
Recording to:
William A. Cogley
City of Elgin
Legal Department
150 Dexter Court
Elgin, Illinois 60120-5555
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT made and entered into this day of
, 2007, by and between the CITY OF ELGIN, an Illinois municipal corporation,
(hereinafter referred to as the "City"), and FIRST BAPTIST CHURCH OF ELGIN
(hereinafter referred to as the "Grantor").
WITNESSETH
WHEREAS, Grantor owns the real property legally described on Exhibit 1 attached
hereto and depicted on the drawing prepared by Christian-Roge & Associates, Inc. of
Chicago, Illinois, attached hereto as Exhibit 2 (the "Easement Parcel"); and
WHEREAS, the City of Elgin desires to obtain an easement from Grantor for the
purpose of installing, constructing, operating, using, maintaining, locating, upgrading,
repairing, replacing or removing underground sanitary sewer lines and water main
improvements and other appurtenances related thereto under the Easement Parcel; and
WHEREAS, Grantor has agreed to grant such easement for such purposes pursuant to
the terms and conditions of this Easement Agreement.
NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) 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. Sewer and Water Easements. Grantor, being the owner of the Easement Parcel,
does hereby grant totthe City a permanent and exclusive (except as set forth in Paragraph 4
.feuI) t s i41i13� :IIC F_,ol:ent ") `.t) ;i: 1111, i >.. if i�r, per"a 1 :c
t. r,�, maintain, ' ,J.ile. :pgraJe,
nllr, ,er‘ice, v'iiSt)L'G', .1r ;:'l; ilea dergreunid i Irir iridl fiiarS -e'Ser ,',:1, tnrd
uther auiutralvand a ppuitt~uail,cs iclaung .o watcl MUMS and suuilary sewer fines, in, upon,
and under the Easement Parcel.
2. Restoration of Easement Parcel. Following the exercise by the City of any
easement rights granted herein, the City shall promptly repair and restore the Easement
EXHIBIT.
Parcel to the same condition as existed immediately prior to the existence of such rights as is
reasonably practicable. The Easement Parcel and surrounding premises shall be left free from
debris.
3. Indemnification. The City for itself, its agents, and independent contractors
hereby agrees to indemnify and hold Grantor and its successors harmless from any and all
third party claims for personal injuries or property damage arising directly as a result of the
City's work in the Easement Parcel 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 Parcel arising from said construction activities.
4. Restrictions: Reservations. The Grantor and Grantor's successors shall not
construct any buildings on the Easement Parcel nor undertake any other activities on the
Easement Parcel which unreasonably interfere with the City's intended use of the Easement
Parcel. Anything contained in this Agreement to the contrary notwithstanding, it is
understood that the Grantor shall have (and hereby reserves) the right to (i) construct or
otherwise install surface improvements consisting of parking lot improvements, private or
publicly dedicated streets and sidewalks, bicycle and pedestrian paths, and landscaping and (ii)
install utility lines and related appurtenances which cross perpendicularly through the
Easement Parcel as reasonably required to service the development on the Grantor s Parcel,
provided that such is done in a manner which does not unreasonably interfere with the City's
intended use of the Easement Parcel.
5. Amendment. No amendment, revision, or modification hereof shall be
effective unless it is in writing and signed by all parties hereto.
6. Entire Agreement. 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.
7. Applicable Law. This Easement Agreement shall be governed by and
construed in accordance with the laws of the State of Illinois.
8. Contractors. 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 Parcel.
9. Warranty of fide. The Grantor hereby represents and warrants to the City that
it is the fee simple title holder of the Easement Parcel and that it has the full power and
authority to enter into and make the grant of easement as provided herein.
10. Binding. This Easement Agreement shall be binding on the parties hereto, their
successors and permitted assigns and shall run with the land.
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11. Recording. This Easement Agreement shall be recorded by the Grantor at the
Grantor's cost with the Kane County Recorder.
12. Joint Preparation. This Easement Agreement is and shall be deemed and
construed to be the joint and collective work product of the Grantor and the City and, as such,
this Easement Agreement shall not be construed against either party, as the otherwise
purported drafter of same, by any court of competent jurisdiction in order to resolve any
inconsistency, ambiguity, vagueness, or conflict, if any, in the terms or provisions contained
herein.
13. Release of Easement. The City may terminate this instrument by recording a
release in recordable form with directions for delivery of same, whereupon all rights, duties,
and liabilities hereby created shall cease and be of no further force or effect.
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 FIRST BAPTIST CHURCH OF ELGIN
municipal corporation
By By:
Mayor Its
ATTEST:
•
City Clerk
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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 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 of the uses and purposes therein set forth.
Given under my hand an official seal, this day of , 2007.
Notary Public
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 , of First Baptist Chuch of Elgin, and
thereof, 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, this day of , 2007.
tiotary Public
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THAT PART OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 8 FAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF MOELLER'S SUBDIVISION,
A SUBDIVISION OF SECTION 17, TOWNSHIP AND RANGE AFORESAID,
AND ALSO BEING A POINT IN THE CENTER LINE OF U.S. ROUTE 20;
THENCE NORTHWESTERLY ALONG SAID CENTER LINE, BEING A CURVE
CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 4326. 96 FEET,
HAVING A CHORD BEARING OF NORTH 66 DEGREES 19 MINUTES 12
SECONDS WEST AND A CHORD LENGTH OF 269. 86 FEET, FOR AN ARC
DISTANCE OF 269. 90 FEET TO A POINT; THENCE NORTH 64 DEGREES
58 MINUTES 36 SECONDS WEST ALONG SAID CENTERLINE A DISTANCE
OF 170. 08 FEET TO A CORNER IN THE NORTH LINE OF PROPERTY
DESCRIBED IN DOCUMENT NO. 93K72231, RECORDED SEPTEMBER 21,
1993; THENCE CONTINUING NORTH 64 DEGREES 58 MINUTES 36
SECONDS WEST ALONG SAID CENTERLINE AND ALONG THE NORTH LINE
OF SAID DOCUMENT NO. 93K72231 A DISTANCE OF 577.78 FEET TO
THE CENTER LINE OF NESLER ROAD; THENCE SOUTH 31 DEGREES 41
MINUTES 01 SECONDS WEST ALONG SAID CENTER LINE AND THE WEST
LINE OF SAID DOCUMENT NO. 93K72211 A DISTANCE OF 1121 . 38
FEET TO THE SOUTHWEST CORNER CF SAID DOCUMENT NO. 93K72231;
THENCE SOUTH 64 DEGREES 58 MINUTES 36 SECONDS EAST ALONG
THE SOUTHERLY LINE OF SAID DOCUMENT NO. 93K72231 A DISTANCE
CF 1218 .07 FEET TC THE SOUTHEAST CORNER OF SAID DOCUMENT,
BEING THE POINT OF BEGINNING; THENCE SOUTH 21 DEGREES 24
MINUTES 54 SECONDS WEST ALONG THE SOUTHWESTERLY EXTENSION
OF THE SOUTHEASTERLY LINE OF SAID DOCUMENT NO. 93K72231 A
DISTANCE OF FEET TO A LINE THAT IS PARALLEL WITH AND
70 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE
SOUTHERLY LINE CF SAID DOCUMENT NO. 93K72231; THENCE NORTH
64 DEGREES 58 MINUTES 36 SECONDS WEST ALONG SAID PARALLEL
LINE A DISTANCE OF 30.06 FEET TC A LINE THAT IS PARALLEL
WITH AND 30 FEET WESTERLY OF, AS MEASURED AT RIGHT ANGLES
TO, SAID SOUTHWESTERLY EXTENSION OF THE SOUTHEASTERLY LINE
OF SAID DOCUMENT NO. 93K72231; THENCE NORTH 21 DEGREES 24
MINUTES 53 SECONDS EAST ALONG SAID PARALLEL LINE A DISTANCE
OF = 9 FEET TO SAID SOUTHERLY LINE OF DOCUMENT NO.
93K72231; THENCE SOUTH 64 DEGREES `8 MINUTES 36 SECONDS
EAST ALONG SAID SOUTHERLY ::NE OF DOCUMENT NO. 3K72231 A
DISTANCE OF 30. 6 FEET TJ SAID FCTNT GE BE:;INNING, :N K".NE
COCNTY,
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