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Home My WebLink About09-106 • Resolution No. 09-106 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR INSTALLATION OF CEDAR REPLICA OF ABRAHAM LINCOLN LOG CABIN FROM ELGIN ACADEMY 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 installation of cedar replica of Abraham Lincoln Log Cabin from Elgin Academy,for the property legally described on Exhibit A,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 29, 2009 • Adopted: April 29, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk ** Document was given to Legal Department to record. Recorded copy was never returned to the Clerk's Office. • OF ESC G��%,� City of Elgin Memorandum '^ 9p s. ' 4TED FES Date: May 1, 2009 To: Mary Giffort, Paralegal From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 106, Adopted at the April 29, 2009, Council Meeting Enclosed you will find the agreement listed below. Please distribute to the appropriate parties and if needed, retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Easement Agreement for Installation of Cedar Replica of Abraham Lincoln Log Cabin from Elgin Academy State of Illinois) County of Kane) City of Elgin ) Recording Information CERTIFICATE OF CITY CLERK I, Diane Robertson, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of: RESOLUTION NO. 09-106 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR INSTALLATION OF CEDAR REPLICA OF ABRAHAM LINCOLN LOG CABIN FROM ELGIN ACADEMY adopted by the Elgin City Council at its legally convened meeting held on April 29, 2009. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this May 4, 2009. City Clerk (SEAL) This instrument prepared by: Return to: William A. Cogley Diane Robertson Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 Resolution No. 09-106 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR INSTALLATION OF CEDAR REPLICA OF ABRAHAM LINCOLN LOG CABIN FROM ELGIN ACADEMY 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 installation of cedar replica of Abraham Lincoln Log Cabin from Elgin Academy, for the property legally described on Exhibit A, 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 29, 2009 Adopted: April 29, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk 4/17/09 This Instrument Prepared By and Return After Recording to: William A. Cogley City of Elgin Legal Department 150 Dexter Court Elgin,IL 60120-5555 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made and entered into this at`l day of k f t- , 2009, by and between the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the "City"), and ELGIN ACADEMY, an Illinois not for profit corporation, (hereinafter referred to as the"Grantor"). WITNESSETH: WHEREAS, the Grantor owns certain real property commonly known as the Elgin Academy Campus located at 350 Park Street, Elgin,Kane County, Illinois 60120; and WHEREAS, the parties have determined that it is in their best interests for Grantor to grant to the City a temporary easement over that portion of Grantor's property depicted as a rectangular area located just north of the City's adjacent Old Main property as shown on the diagram, attached hereto as Exhibit A (such portion of Grantor's property depicted on Exhibit A attached hereto is hereinafter referred to as the "Easement Premises"). NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) in hand paid to Grantor, and other good and valuable consideration, the sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. That Grantor hereby grants and conveys to the City of Elgin, an Illinois municipal corporation, a non-exclusive temporary easement for the installation and use of the cedar replica of the Abraham Lincoln Log Cabin on the Easement Premises. Grantor hereby further grants and conveys to the City of Elgin the non-exclusive right of ingress and egress to the Easement Premises over portions of the Grantor's property adjoining the Easement Premises. The Grantor hereby further acknowledges and agrees that the Easement Premises and the rights of ingress and egress thereto may be utilized for such cedar replica of the Abraham Lincoln Log Cabin by the City of Elgin and its invitees which invitees shall include the Elgin Area Historical Society for use thereof in connection with the Old Main Museum. 2. The proposed method of installation of the cedar replica of the Abraham Lincoln Log Cabin on the Easement Premises shall require the advanced written approval of the Grantor,which approval shall not be unreasonably withheld. 3. That the Grantor shall not undertake any activities which unreasonably interfere with the Easement Premises and the City's intended use thereof. 4. That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all of the parties hereto. 5. That the City for itself, its invitees, agents and independent contractors, hereby agrees to indemnify and hold Grantor harmless from third part claims for personal injuries or property damage arising directly as a result of the City or its invitees' work in or use of the Easement Premises. The City further agrees to indemnify and hold Grantor harmless from any and all liens placed against the Easement Premises arising from the City's use thereof. 6. That this 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 - 2- 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. That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 8. That 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. That the Grantor hereby represents and warrants to the City 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. That this agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 11. That the term of this Easement Agreement shall be for five (5) years from the date and year first written above whereupon this Easement Agreement shall expire and the grant of easement provided for herein shall terminate. Upon the expiration of this Easement Agreement the City shall remove the cedar replica of the Abraham Lincoln Log Cabin and all appurtenances thereto from the Easement Premises and shall restore the Easement Premises to its previous condition to the extent as is reasonably practicable. 12. That this Easement Agreement may be terminated by the Grantor or the City upon thirty(30)days written notice to the other party. In the event of such termination the City shall remove the cedar replica of the Abraham Lincoln Log Cabin and all appurtenances thereto from the Easement Premises and shall restore the Easement Premises to its previous condition to the extent as is reasonably practicable. -3 - 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 ELGIN ACADEMY municipal corporation / W By =r�� ice_ _ By � � Mayor 'ead of School Attest: City Clerk STATE OF ILLINOIS ) COUNTY OF K A N E ) SS. I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Ed Schock,Mayor,personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act of the uses and purposes therein set forth. ci) Given under my hand an official seal,this dray of 0 , 2009. Notary Public ' "OFFICIAL SEAL" MARY GIFFORT STATE OF ILLINOIS ) • Idblary Pul10c,State of Illinois COUNTY OF K A N E ) SS. My Cosmiseie i Expires 06/13/2012 • I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that—J!o k - UJ. e ep er- is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal,this /741---day of C , 2009. "OFFICIAL SEAL" 0 44 Public SHARON A.SHAT%US Notary Public,State of Illinois F:1Leg21 P'; ..•,.C••• i� s '•• . 3 i e -22- .'I. ..In log cabin.doc -4- EXHIBIT "A" (Plat of Easement Premises) - 5 - —,—*,--------_ '.':.3:k.;•r7::, •,. „•...,. ,,•..,' ,?,•17rp.,•4.• •...,•' • •4'ki:,!tv,s1,.t1714..t...,..1 ',i34-i; totr,-I.? :,:f,, ,. t.; ;- if.Alit,T.F., „,%.; ,,i„.,1,;,'S'::, ",., ;;,',:' ' .,. 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I Dg Cabin ' , . . , . . , (property line shown with dashes ----) • , , .,.. 5',.....:,,rs.,,,r,;.,,Ii.' ;,,..;;;.;. v., ,. .% , „:. ,,,.. . 1111101111111111111111111.010 • , „....',...r•:", •, : ., ,. •., .• ., .. •, '' * * •,„ -V',•,iz.,.. • , .. •', :, •' " ' ,.; • 1.,, ' , , 1.`,- • ' „'" -* • ,, . . . • Ibil . •••• ,,.'- 4..) ..-4 - - .0 -- .-.-, - - ,,,,,,,--t7,*, •" -,-4 . .:: •'',..:„,..,:,.,. '- , . C:::;::::::4::) „ .z .. - • -,,,t,=.'..Y'.,i-t. . . -,;..1 . ........._,- . . , . . ......----- em................................. OLD PAAINIllij ...................4....000/........o. ...........0.........avi............p.r.. . V .. D ------) ......................_.... ,,... ...........,................„, 'Exhibit A ..- . . • . - , 1