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Home My WebLink About08-5 Recorded , Resolution No. 08-5 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER PURPOSES FROM GOOD SHEPHERD LUTHERAN CHURCH U.A.C. OF ELGIN, ILLINOIS (5' SEWER 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 for sanitary sewer purposes from Good Shepherd Lutheran Church U.A.C.of Elgin,Illinois,for the property legally described on Exhibit 2,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: January 9, 2008 Adopted: January 9, 2008 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk 111 111 1 11 P& i111 ' x. ; ct 41/' i Li tom'.i This Instrument Prepared by and Return After `tTjrz8K0063 1 8 Recording to: William A. Cogley, Esq. SANDY WEGMAN City of Elgin RECORDER - KANE COUNTY, IL Legal Department _ e.; _, >36 a:S P1 150 Dexter Court 28.0,/ EtrtS'F5 FEE: 10.00 Elgin, Illinois 60120-5555 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this day of:-.4tZnItre'f7y 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 November 21, 2007, attached hereto as Exhibit 1 and legally described on Exhibit 2 attached hereto (the "Easement Premises"); 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 Easement Premises; 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: 1. Sanitary Sewer Easement. Grantor,being the owner of the Easement Premises, 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 the Easement Premises. No above-ground structures (other than manholes and hydrants) or roadways may be constructed on maintained by the City C:NtyFiles'ZONING\Good Shepherd\Easement Agreement 2 wpd 1 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; g. The entire Easement Premises shall be seeded with rye or oats upon completion of final grading. Planting of seed shall occur between May 1 and September 30, 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. C:`MyFiles\ZONING\Good Shepherd\Easement Agreement 2.wpd 2 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 real estate adjacent to the Easement Premises, 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. C:MyFiles\ZONING\Good Shepherd\Easement Agreement 2.wpd 3 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 GOOD SHEPHERD LUTHERAN CHURCH U.A.C.,OF ELGIN,ILLINOIS By By(Cl--.r Zez_ - n J ., e .14 Mayor Its Executive Direct& Attest: Attest: E �l /1•2k City Clerk Secretary • C:,MyFiles',ZONING\Good Shepherd\Easement Agreement 2.wpd 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 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 and official seal,this jyti day of ih, , 200 1. Notary bli f � • IZOVu 7 KArH�� ; % STATE OF ILLINOIS ) y i�o.,rf= uir,ois SS. M•/fir, rr r 16121201G %) COUNTY OF KANE 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 ,gyp day o • ember, 200 . Notary Public \•\-fir\ \ �'�a:6 adds:+`ofr,+:r .-r f,a: "OFFICIAL SEAL" k RICHARD L. HEIMBERG Notary Public,State of Illinois My Commission Expires 07/10/10 ��r\•�\• t.Ei'e.�:i�:-r'R. sus-s�'.�-,• C:,MyFiles\ZONING\Good Shepherd\Easement Agreement 2.wpd 5 1.38' "EXHIBIT 1 " TO EASEMENT AGREEMENT FOR SEWER EASEMENT i\T A I ,• .„, ;1/4,,,, 6.„,, ,, 4 N---......... SCALE: 1"---,100' a, 46' .:-- .174:1 •96) v. O ..... 1 1.1 cr ..._. N 43- iv ...... p., 44.9o, I...... -4-----.. 5.00' PARCEL 4 ---------s-------- ***Is. .....***. OV61.7 ..,.) ' ......... ........ (4,39, ........ •' • 6) ' 0 N o) c,7 AN ••.... 109 v-- PROPOSED CITY EASEMENT 7 5 •-, 0) -c • ••• ' ("V 200'-76.... 110 , .....-- m i•ki 4/(T JACOB & HEFNER ASSOCIATES, P.C. Ni• C) .. .. ENGINEERS • SURVEYORS .cNt 1901 S. Meyers Road, Suite 950 c'c' 111 0 o Oakbrook Terrace, IL 80181 (630) 852-4800 FAX (630) 852-4801 ‘...... Q. ILLINOIS PROFESSIONAL DESIGN FIRM • • . • LICENSE NO. 184-009073 PREPARED NOVEMBER 21, 2007 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 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 SOUTH SOUTH 21 DEGREES 27 MINUTES 30 SECONDS WEST ALONG AN EASTERLY LINE OF SAID DOCUMENT NO. 93K72231 A DISTANCE OF 311. 34 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 67 DEGREES 16 MINUTES 47 SECONDS EAST ALONG A NORTHERLY LINE OF SAID DOCUMENT NO. 93K72231 A DISTANCE OF 439. 48 FEET TO THE EASTERLY LINE OF SAID DOCUMENT NO. 93K72231; THENCE SOUTH 21 DEGREES 24 MINUTES 54 SECONDS WEST ALONG SAID EASTERLY LINE A DISTANCE OF 5 . 00 FEET TO A LINE THAT IS PARALLEL WITH AND 5 . 00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE PREVIOUSLY DESCRIBED COURSE; THENCE NORTH 67 DEGREES 16 MINUTES 47 SECONDS WEST A DISTANCE OF 439 . 48 FEET TO THE SOUTHERLY EXTENSION OF AN EASTERLY LINE OF SAID DOCUMENT NO. 93K72231 WHICH BEARS SOUTH 21 DEGREES 27 MINUTES 30 SECONDS WEST; THENCE NORTH 21 DEGREES 27 MINUTES 30 SECONDS EAST 5. 00 FEET TO SAID POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS . EXHIBIT 1