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Home My WebLink About08-7 Recorded Resolution No. 08-7 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER AND WATER MAIN PURPOSES FROM FIRST BAPTIST CHURCH OF ELGIN 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 water main purposes from First Baptist Church of Elgin for the property legally described on Exhibit 1,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 v y j'c-q ae dereeII III III I II 6-0.23 This Instrument Prepared by and Return After 20081-00063 1 9 Recording to: William A. Cogley SANDY WEGMAN City of Elgin RECORDER - KANE COUNTY, IL Legal Department RECORDED: 1/23/2008 2:57 PM 150 Dexter Court `s 27.00 r `:"S FEL: 121.00 AGES: 6 Elgin. Illinois 60120-5555 EASEMENT AGREEMENT 2;__MTHIS EASEMENT AGREEMENT made and entered into this day of 200, by and between the CITY OF ELGIN, an Illinois municipal corporation, (hereinaf er referred to as the "City"), and FIRST BAPTIST CHURCH OF ELGIN iKl (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 to the City a permanent and exclusive (except as set forth in Paragraph 4 hereof) easement (the "Easement") to install. construct, operate, use, maintain, locate, upgrade, repair, service, remove, or replace underground water mains and sanitary sewer lines, and other underground appurtenances relating to water mains and sanitary sewer lines, 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 �� 31 s 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 Title. 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. 2 • 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: L Mayor if")( c : e f-ter ATTEST: City Clerk 3 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 IA day o' wr , 2005 IL' f /iv No ary Public ` ��\\ ,'A"a.df tf�f KA7F-.P;�; GrRANZOVV STATE OF ILLINOIS ) r7oi''' ' ate of I no s ) SS. MY Corn' E ; es '0/2/2010 p, ir' '�l� 2�1� COUNTY OF KANE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that V �o� G►a�7en, p;tar 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/17'`' day of D Q /y/13 E) 2007. • "OFFICIAL SEAL" NANCY J. MILLER N ary Public Notary Public,State of Illinois My Commission Expires 8/15/2011 4 THAT PART OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 8 FAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OE MUELLER'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. 93E72231, 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 Cl SECONDS WEST ALONG SAID CENTER LINE AND THE WEST LINE OF SAID DOCUMENT NO. 93K !E231 A DISTANCE OF 1121 . 38 FEET TO THE SOUTHWEST CORNER CF SAID DOCUMENT NO. 93E72231 ; THENCE SOUTH 64 DEGREES 58 MINUTES 36 SECONDS EAST ALONG THE SOUTHERLY LINE OF SAID DOCUMENT NO. 93K7:E231 A DISTANCE CF 1218 . C7 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 NC. 93E72231; 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. 93K72231; THENCE NORTH 21 DEGREES 24 MINUTES 53 SECONDS EAST ALONG SAID PARALLEL LINE A DISTANCE OF , , FEET TO SAID Sa:THERLY LINE OF DOCUMENT NO. 93E72231; THENCE SOUTH 64 DEGREES 'S MINUTES 36 SECONDS EAST ALONG SAID SOUTHERLY LINE OF DOCUMENT NO. 93E72231 A DISTANCE CF 130. U6 FEET T) SAI7: D. INT GE EGINNTNG, IN KANE COLN7Y, EXHIBIT / "EXHIBIT 2 " E,Os. 111 SCALE: 1"=200' /\..9 4111, *Aboomin__ k\iitapht ,'" (sat .36. 116 14! 0" 117 C) C?" 0 ), No' • qi lta r;7 119 120 121 p4,63t71(110st 30' WIDE SANITARY SEWER EASEMENT EASEMENT ‘s.oc 1 ‘1!-: , IN( . vitt