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HomeMy WebLinkAbout08-89A Recorded • • Y Resolution No. 08-89A RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH ELGIN COMMUNITY COLLEGE AND THE TOWNHOMES OF WOODBRIDGE 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 Townhomes of Woodbridge 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: April 9, 2008 Adopted: April 9, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk . r 1J11111111111!!11 li I This Instrument Prepared By and Return After 2 0 0 8 K 07 v A 1 0 Recording to: William A. Cogley SANDY 4EGMAN City of Elgin RECORDER - KANE COUNTY, IL ()it/ Legal Department s : Etiai_Zt' 3:5E PM REC FEE:: 26.00 150 Dexter Court EE:PAGES: y Elgin, IL 60120-5555 EASEMENT AGREEMENT ! 'f� THI EASEMENT AGREEMENT is made and entered into this 1 g day of , 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 "ECC"), and the TOWNHOMES OF WOODBRIDGE 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 City and the Condominium Association properties benefited by the stormwater detention basin easement for Detention Basin D is depicted on Exhibit B attached hereto and is legally described in Exhibit C attached hereto (such property owned by the City and the Condominium Association is hereinafter collectively 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 _ / 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. 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 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. - 2 - 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. 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 Mayor It Chairm Attest: Attest: \-;:)..gcA k-11.1 rce"7:;-_-, City Clerk is Secret - 3 - TOWNHOMES OF WOODBRIDGE CONDOMINIUM ASSOCIATION, an Illinois not-for-profit corporation By Caitte o� W Its President Attest: Its sceietry 1teGE L(r-.cJ F:\Legal Dept\Agreement\Easement-ECC&Woodbridge-Detention Basin D-clean 2-26-08.doc - 4 - . 93K10292AAP6 - 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, ILUNOIS. CONTAINING 2.983 ACRES, MORE OR LESS. 8945-3.LGL 0 • w L4� • J�J CL) r.� q._ . EXHIBIT A ri