HomeMy WebLinkAbout09-100 Recorded Resolution No. 98-100
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT TO GRANT EASEMENT WITH
MARVIN M. GAITSCH, BETTY JANE GAITSCH, GERALD M. GAITSCH,
RANDALL S . GAITSCH AND WISPARK CORPORATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City
Clerk, be and are hereby authorized and directed to execute an
Agreement to Grant Easement on behalf of the City of Elgin with
Marvin M. Gaitsch, Betty Jane Gaitsch, Gerald M. Gaitsch,
Randall S . Gaitsch and Wispark Corporation for the construction
of a water main and sanitary sewer line along Randall Road, a
copy of which is attached hereto and made a part hereof by
reference.
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to cause the easement provided for in
the Agreement to Grant Easement to be recorded in the Office of
the Recorder of Deeds of Kane County, Illinois .
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: April 22 , 1998
Adopted: April 22 , 1998
Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
b .
It. Er) FOR RECORD
KANE COUNT Y.ILL.
98K037894 98 'W( —It pM 14: 15
RECORDER
AGREEMENT TO GRANT EASEMENT BETWEEN
THE CITY OF ELGIN
AND
MARVIN M. GAITSCH, BETTY JANE GAITSCH,
GERALD M. GAITSCH, RANDALL S . GAITSCH
AND WISPARK CORPORATION
00
0
M
3
i1
After recording return to:
Dolonna Mecum
Elgin City Clerk
150 Dexter Court 00
Elgin, IL 60120 \Q 1p'
ssA03789 [
AGREEMENT TO GRANT EASEMENT
This Agreement, made and entered into this day of
April, 1998, by and between THE City OF ELGIN, a municipal
corporation of the Counties of Kane and Cook, State of Illinois
("City") and MARVIN M. GAITSCH, BETTY JANE GAITSCH, GERALD M.
GAITSCH, AND RANDALL S. GAITSCH (in the aggregate the "Owners") ,
and WISPARK CORPORATION, a Wisconsin corporation ("Wispark") .
WIINEEEETEi
WHEREAS, the Owners are all of the beneficial owners of
First United Trust Company Trust Agreement dated December 11,
1987, known as Trust No. 1814 ("Trust") ; and
WHEREAS, the Trust is the record title holder in and to a
certain approximate sixteen (16) acre parcel of real estate
("Main Parcel") , located in the Village of Sleepy Hollow, Kane
County, Illinois; and
WHEREAS, the City desires to construct a twelve (12) inch
municipal water main ("Water Main") and a Twenty-Four (24) inch
sanitary sewer line ("Sewer Line") across the Randall Road
frontage of the Main Parcel and, in pursuance of such
construction, the City desires that the Owners cause the Trust to
execute an Easement Agreement ("Easement Agreement") , a copy of
which is attached hereto as Exhibit A; and
WHEREAS, it is understood and agreed that City shall cause
to be constructed the Water Main and the Sewer Line in the
easement premises 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 Wispark and allowing the construction of the Water Main
and the Sewer Line across that portion of the Main Parcel
described as "permanent and exclusive easement" in the Easement
Agreement and to facilitate such construction by the granting of
a "temporary construction easement" across that portion of the
Main Parcel so described in the Easement Agreement, but only
under certain terms and conditions as set forth.
NOW, THEREFORE, for and in consideration of the mutual
promises, 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 :
1 . There are located on the Main Parcel two water wells,
one located east of the barn and the other located in or near the
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98K037894
temporary construction easement described in the Easement
Agreement. The subject water wells provide a supply of water to
the produce business conducted by the Owners on the Main Parcel
and the continued flow of a water supply to such business is
crucial to their ongoing operations. The City agrees that, in
the event that the construction activities relating to the
installation of the Water Main and the Sewer Line cause damage to
either of the subject water wells so as to impair the adequacy of
the volume of water to the Owners ' business, the City, provided
the Water Main has been completed through the easement premises,
shall provide, at no cost or expense to the Owners, an immediate
connection to the Water Line for temporary use by the Owners in
connection with the operation of Owners' business; such temporary
use shall cease at such time as the City installs a comparable
sized replacement well, which the City agrees to accomplish at no
cost or expense to the Owners within thirty (30) days after
notice from Owners of impairment of the existing well . The
City' s installation of such water connection shall include, but
not necessarily be limited to, (a) installation of a water line
from the water Main to such location within the Owners ' business
complex as reasonably requested by Owners, (b) the pressure
testing of the Water Line, (c) the flushing of the Water Main,
(d) the installation of a shut off valve, and (e) such other
components of this type of installation as required by generally
accepted engineering practices. The Owners agree that the use of
the water connection to be provided by the City pursuant to this
Paragraph A shall be limited to the continued operation of their
produce business and shall not be used for any application not
incidental to such business operation. During any period of
temporary usage by Owners of City water, as set forth above,
Owners shall pay the City at the same rate as is then charged to
residents of Sleepy Hollow for municipal water.
2 . The City shall cause to be moved or relocated existing
electrical and gas lines located within the area designated in
the Easement Agreement as permanent and exclusive easement or
temporary construction easement at no cost or expense to the
Owners, if the relocation of such electrical and/or gas line is
required as a result of the installation of the Water Main and/or
the Sewer Line.
3 . The City shall cause the contractors installing the
Water Main and the Sewer Line to use all reasonable efforts,
including but not necessarily limited to, fencing, so as to avoid
the damaging of the existing mature trees in the north portion of
the Main Parcel . It is understood that one mature tree which has
an approximate ten (10) inch circumference trunk is to be removed
as a result of such construction activities and that the City
shall cause to be replaced this mature tree with three (3) trees
of no less than a three (3) inch circumference trunk, each to be
located as agreed between the City and the Owners .
Notwithstanding the foregoing, it is further understood and
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98K0378914
3
agreed that other trees in the northeast area of the permanent
easement premises are required to be removed.s and shall not be
replaced. In lieu of replacement of the trees in the northeast
area of the permanent easement premises, the City shall provide
five (5) inches of gravel, which shall be placed in the area
previously occupied by said stand of trees .
4 . The City agrees that the existing fifteen (15) pine
trees located within either easement parcel at the southeast
portion of the Main Parcel shall be relocated within the Main
Parcel in such place as agreed between the City and the Owners.
5 . There currently exist on the Main Parcel two (2) gravel
parking lots through which the temporary construction easement
referred to on the Easement Agreement traverses. The City agrees
to restore such parking lots and driveway access from Randall
Road upon completion of construction to their original condition
prior to the initiation of such construction.
6 . In the event that access to the Owners' business is
interrupted during normal business hours, the City agrees to
provide alternate temporary access to the Main Parcel, which
temporary access areas shall be restored to their original
condition following completion of the construction of the Water
Main and the Sewer Line.
7 . The City agrees that, as part of the construction of the
Water Main and the Sewer Line, proper connections will be
provided and installed on such facilities to facilitate hook up
of the Main Parcel at such time in the future as same becomes
part of the City of Elgin. One (1) manhole shall be installed
within the permanent and exclusive easement within the Main
Parcel as part of the construction of the Sewer Line at a point
approximately four hundred (400) feet north of the existing
service termination point.
8 . It is understood and agreed that City will contract with
Wispark Corporation to construct the Water Main and the Sewer
Line improvements in the easement premises and that Wispark will
use third party contractors, employees, or other agents to
perform the construction of the improvements as set forth herein.
9 . The City agrees that the Owners shall be paid in cash on
execution of this Agreement the sum of $3000 . 00 .
10 . Upon execution of this Agreement and payment of the
cash payment contemplated in the foraging Paragraph 9, Owners
shall execute all documents necessary to cause the Trust to
execute the Easement Agreement in the form of Exhibit A attached
hereto.
wisgait.agt 3
98K0378914
IN WITNESS WHEREOF, the parties have executed this agreement
the day and date first above written.
City OF E IN
BY: -yac��
71/4
Mayor
'filef.,607,1_4
ATTEST: --eft,,,,,.__
City erk
WISPARK CORPORATION
By•
-t_ President
ATTEST: eif
/'
vw:',.. resident
Marvin M. Gaitsch
tt -e
Be t Jane Gaitsch
L /i2 A%K Gerald M
Randall S . Gaitsch
Instrument prepared by:
Richard L. Heimberg
Attorney at Law
2425 Royal Boulevard
Elgin, IL 60123
wisgait.agt 4
saK037894 S
*.AMERICAN NATIONAL BANK AND
• TRUST COMPANY OF CHICAGO,
• AS SUCCESSOR TO FIRST CHICAGO
EASEMENT AGREEMENT TRUST COMPANY OF ILLINOIS.
THIS INDENTURE, made and entered into this yy-//day of
, 194, by and between*FIRST UNITED TRUST COMPANY, as
trustee under Trust Agreement dated December 11, 1987, known as
Trust No. 1814 , hereinafter referred to as "Grantor" , and the
CITY OF ELGIN, a municipal corporation, hereinafter referred to
as the "City" ,
Witnesseth:
That in and for the consideration of the mutual promises,
agreements, and undertakings as set forth herein, and for other
good and valuable consideration, the sufficiency of which is
hereby acknowledged, Grantor does hereby grant and convey to the
City a permanent and exclusive easement for the construction and
maintenance of a municipal water main and sanitary sewer line in,
upon, over, and under the following described real property in
the County of Kane, State of Illinois, more particularly
described as :
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 42
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY,
ILLINOIS, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST
CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88 DEGREES 43
MINUTES 58 SECONDS WEST ALONG THE NORTH LINE OF SAID SOUTHEAST
QUARTER, 69 . 51 FEET TO THE WEST RIGHT OF WAY LINE OF RANDALL ROAD
FOR A PLACE OF BEGINNING; THENCE THE FOLLOWING TWO (2) COURSES
ALONG SAID WEST LINE; (1) THENCE SOUTH 00 DEGREES 25 MINUTES 58
SECONDS EAST, 543 . 35 FEET; (2) THENCE SOUTH 00 DEGREES 16 MINUTES
34 SECONDS WEST, 156 . 76 FEET TO THE SOUTH LINE OF THE NORTH 700
FEET OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88 DEGREES 43
MINUTES 58 SECONDS WEST ALONG SAID SOUTH LINE 39 . 96 FEET TO A
LINE 109 . 50 FEET WESTERLY OF AND PARALLEL WITH THE CENTERLINE OF
RANDALL ROAD; THENCE THE FOLLOWING TWO (2) COURSES ALONG SAID
PARALLEL LINE; (1) THENCE NORTHERLY ALONG A CURVE CONCAVE
WESTERLY HAVING A RADIUS OF 11348 .48 FEET, A CHORD BEARING OF
NORTH 00 DEGREES 11 MINUTES 44 SECONDS WEST, A CHORD LENGTH OF
93 . 95 FEET FOR AN ARC LENGTH OF 93 . 95 FEET TO A POINT OF
TANGENCY; (2) THENCE NORTH 00 DEGREES 25 MINUTES 58 SECONDS WEST,
606 . 13 FEET TO SAID NORTH LINE OF THE SOUTHEAST QUARTER; THENCE
NORTH 88 DEGREES 43 MINUTES 58 SECONDS EAST, ALONG SAID NORTH
LINE, 41 . 51 FEET TO THE POINT OF BEGINNING, CONTAINING 0 . 66
ACRES, MORE OR LESS .
FURTHER, Grantor does hereby grant and convey to the City a
temporary construction easement in, upon and over the following
described real property in the County of Kane, State of Illinois,
more particularly described as :
POOR OAMMO L
Recorder Not Reepensibie
For"elm edu 04071Y
c:1wp601docslwisgaIts.eas
EXHIBIT A 98K03789L4
•
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 42
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY,
ILLINOIS, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST
CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 88 DEGREES 43
MINUTES 58 SECONDS WEST ALONG THE NORTH LINE OF SAID SOUTHEAST
QUARTER, 111 . 02 FEET TO A LINE 109 . 50 FEET WESTERLY OF AND
PARALLEL WITH THE CENTERLINE OF RANDALL ROAD; THENCE THE
FOLLOWING TWO (2) COURSES ALONG SAID PARALLEL LINE; (1) THENCE
SOUTH 00 DEGREES 25 MINUTES 58 SECONDS EAST, 606 . 13 FEET TO A
POINT OF CURVATURE; (2) THENCE SOUTHERLY ALONG A CURVE CONCAVE
WESTERLY HAVING A RADIUS OF 11348 .48 FEET FOR AN ARC LENGTH OF
93 . 95 FEET TO THE SOUTH LINE OF THE NORTH 700 FEET OF SAID
SOUTHEAST QUARTER; THENCE SOUTH 88 DEGREES 43 MINUTES 58 SECONDS
WEST ALONG SAID SOUTH LINE, 50 . 01 FEET TO A LINE 159 . 50 FEET
WESTERLY OF AND PARALLEL WITH THE CENTERLINE OF SAID RANDALL
ROAD; THENCE THE FOLLOWING TWO (2) COURSES ALONG SAID PARALLEL
LINE; (1) THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY HAVING
A RADIUS OF 11298 .48 FEET, A CHORD BEARING OF NORTH 00 DEGREES 11
MINUTES 34 SECONDS WEST, A CHORD LENGTH OF 94 . 68 FEET FOR AN ARC
LENGTH OF 94 . 68 FEET TO A POINT OF TANGENCY; (2) THENCE NORTH 00
DEGREES 25 MINUTES 58 SECONDS WEST, 605 .40 FEET TO SAID NORTH
LINE OF THE SOUTHEAST QUARTER; THENCE NORTH 88 DEGREES 43 MINUTES
58 SECONDS EAST ALONG SAID NORTH LINE, 50 . 01 FEET TO THE POINT OF
BEGINNING, CONTAINING 0 . 80 ACRES, MORE OR LESS .
This grant of easement is executed, delivered, and granted upon
the following conditions :
1 . Said temporary construction easement shall expire twelve
(12) months following the beginning of construction.
2 . The Grantor shall not erect any permanent structure on the
permanent and exclusive easement described herein, provided,
however, that Grantor has the right to construct a road
across the easement and the right to place landscaping other
than trees upon the easement . The City shall replace or
repair any such pavement or landscaping damaged by City to
repair or maintain the municipal water main or sanitary
sewer line .
3 . The City agrees to indemnify Grantor for any damages to the
property within the easement as a result of any claims
arising directly as a result of the City' s work upon the
easement premises, either during construction of the
municipal water main or sanitary sewer line or during
maintenance or repair thereof from time to time .
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el
98K0378914
* AMERICAN NATIONAL BANK AND
TRUST COMPANY OF CHICAGO,
AS SUCCESSOR TO FIRST CHICAGO
TRUST COMPANY OF ILLINOIS.
The terms and conditions of the easements granted herein shall be
binding upon Grantor and the City, and upon their heirs,
executors, successors, and assigns .
CITY OF E IN
By:
Kevin Kelly
Attest : P19 „t--4 /�
Dolona Mecum, City Clerk
* FIRST UNITED TRUST COMPANY, as
This instrument is executed by the undersigned Land Trustee,not personally but solely as
Trustee. as of res d
Trustee in the exercise of the power and authority conferred upon and vested in it as such
Trustee.It is expressly understood and agreed that all the warranties,indemnities,representations,coy- By:
enants,undertakings and agreements herein made on the part of the Trustee are undertaken by it solely in s P b 1 dC n t Assistant Vice President
its capacity as Trustee and not personally.No personal liability or personal responsibility is assumed by or
shall at any time be asserted or enforceable against the Trustee on account of any warranty,indemnity,
representation,covenant,undertaking or agreement of the Trustee in this instrument Attestation not required by American National
Attest : Bank and Trust Company of Chicago By Laws
Its Secretary
ACKNOWLEDGEMENT
STATE OF ILLINOIS�I
L/l04 ) SS
COUNTY OF �s
I , the undersigned, a Notary Public in and for and
residing in Ls.+ County, in the said State afore aid, d
hereby certify that nennis John Carrara , Assistant Vice Presiden� of
* FIRST UNITED TRUST COMPANY, and
thereof, personally known to me to be the same
persons whose names are subscribed to the foregoing instrument as
suchAssistant Vice Presiderknd , respectively, appeared
before me this day in person and acknowledged that they signed and
delivered the said instrument as their own free and voluntary act,
and as the free and voluntary act of said Company, for the uses and
purposes therein set forth, and the said did also
then and there acknowledge that he as custodian of the corporate
seal of said Company did affix the said corporate seal of said
Company to said instrument as his own free and voluntary act and as
the free and voluntary act of said Company for the uses and
purposes therein set forth.
Given under my hand and Notarial seal this o?Gae' day of
1998.
Notary Public
Instrument Prepared by:
Richard L. Heimberg, Esq. , Brady & Jensen
2425 Royal Blvd. "OFFICIAL SEAL"
Elgin, Illinois 60123 MARGARET O'DONN
Notary Public, State of Illinois
My Commission Expk.res 5/10/2001
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98K0378914
•
PLAT OF EASEMENT
1
I
PERMANENT EASEIENT
THAT PART GE THE SOUTKAST QUARTER OF SECTION b, TOMSHIP
Ai NORTH,RMGE 6 EAST?THE T«IRO PR INCIPK SIRIDH M NowCOAT,, ILLINOIS.DESCRISED AS TOLLOT3: CCNENCING AT TM
«ORTNEASY GORIER OT SAID SOUTHEAST QUARTER: THENCE SOUTH
D1'NS'S1" REST KONG THE NORTH Lilt OF SAID SQUTIEAST
QUARTER,61.51 FEET TO DE NEST RIMT OF RAY LINE 6 RA,pALI
ROAD PER(MOMENT KABER 974066511 FOR A PLACE OF BEGINNING;
II
THENCE THE TCLLON1NG TWO(2)COURSES MOIG SAID REST LINE;
e I 1 (1) THENCE SOUTH 00•25'56•EAST,Sas.SS FEET; (2)TNE«Fl
i SO1TN 00.16'3A•REST, 156.76 FEET TO THE SPAN LINE OF THE
NORTH 700 FEET O SAID SOUTHEAST OHMTER: THENCE SOUTH
16'43'54•NEST ALONG SAID SOUTH LINE 34.96 FEE)TO A LINE
f09.so FEET 9ESTERLr O AM PMKLEL R1TH THE CENTERLINE Or
GRAPHIC SCALE RANDALLL ROMSAiD : THENCE THE i0.LORHNO TAO(2) COURSES ALONG
CONCAVE SISTERLY RAPING RADIUS Dr 1 THENCE T17 8.40 TEE,. A CLOME
01010
1 1 NEARING O NORTH 00.11'M?REST,A C«OID LENGTH Or 93.95
I I FEET FORM MC LENGTH CC 91.95 FEET TO A POHNT CS TANGENCY;
(2)THENCE NORM 00.25'56•MST,606.11 FEET TO SAID MONTH
(IN FEET Folk 1R,CT a I LINE O' THE SOI)1EAST()WATER: THENCE NORTH //'Al'S9•
1 Inch 100 fl A1.lt• EAST, ALONG SAID NORTH LINE,41.51 FEET TO THE POINT CC
M SORT.L9.[O M w.m'� 6EGONING.CONTAINING 0.66 ACMES,SORE OR LESS.
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1 \ 1( I THAT PART ff IRE SDUTIEAST QUARTER 0 SECTION JO. raNSHIP
CO N2 NORTH,RAGE/EAST OF THE THIRD PRINCIPAL IERIDIM,WANE
COMM ILLINOIS.OESOR INEO As FAST 68 GDWENCINc Ar TIE
�, 121 I N0ITIEAST COMER O SAID SWTEAST QUARTER: THENCE SOUTH V 66'.l'36• REST ALOIO T11[NORM LINE O SAID SQITIEAST
QUARTER, 111.02 FEET TO A LIVE 109.50 FEET SISTERLY OF AM
/`*. In j PMKLEL 9ITH THE CENTERLINE O RNOKL ROM; THEME TIE
j"^'y 1 m $ FOLLOwINC TWO (2) GORSES ALONG SAID PARALLEL LINE: (1)
lma ' I rHE«[E SOUTH 00•25'5e•EAST,ba.a FEET TO A POINT of
1, CURVATURE: (2) THENCE SQUTHERLY KOIG A MIRK QMCAAE
COp I _ `. I I WESTERLY HAVING A RMIUS O 111A9.AR FEET 0O2 M ARC LENGTH
W W `1 i.1I OF 91./3 FEET TO iN[5yM LIMO O TE NORTH)6( FEET O
SAID SQUTWAST OIMTER;W .01,1�`1 4 1 1f SAID SOUTH LINE.50.01 FEETN U A�fMEI~l9�50 rEETSr9EST[MlY
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OF AND PARALLEL WIC TK CENTERLINE O SAID RAHDALL ROM;
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12 I I�`a d7 THE SQRKASNORTH T1(WATER;ARTWIA rErr CE 1111jTM 1p�l'SB•NORTH
EASTLINE
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f l E D E R LTD. �,R UTILITY EASEMENT �"°EM*'M +92o SHEET
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