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Home My WebLink About09-115 Recorded 4 1111 int cIll�� ! ; 1 LI:0121 Fes 0 a State of Illinois ) IU D Y L:y,1 H r. County of Kane) 1, 1L 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. 09-115 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR STORMWATER AND DETENTION BASIN PURPOSES FROM COPPER SPRINGS DUPLEX HOMEOWNERS ASSOCIATION adopted by the Elgin City Council at its legally convened meeting held on May 13, 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 June 8, 2009. 116\01r r� ° A r - Diane Robertso , City Clerk :per c, I ;f This•insirument prepared by: Return to: William A. Cogley Diane Robertson Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court L Elgin, IL 60120 Elgin, IL 60120 r\ , Resolution No. 09-115 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR STORMWATER AND DETENTION BASIN PURPOSES FROM COPPER SPRINGS DUPLEX HOMEOWNERS ASSOCIATION 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 stormwater and detention basin purposes from Copper Springs Duplex Homeowners Association,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: May 13, 2009 Adopted: May 13, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk This Instrument Prepared By and Return After Recording To: Christopher J. Beck City of Elgin Legal Department 150 Dexter Court Elgin, IL 60120-5555 AGREEMENT REGARDING STORMWATER AND DETENTION BASIN EASEMENT This Agreement entered into this Zd day of f ' , 2009 by and between the City of Elgin, an Illinois municipal corporation (her after referred to as the "City") and The Copper Springs Duplex Homeowners Association, Inc., an Illinois not-for-profit corporation (hereinafter referred to as the "Homeowners Association"). WITNESSETH WHEREAS, the Homeowners Association is the owner of Lot C in the Copper Springs Subdivision, legally described on Exhibit A, attached hereto and incorporated herein by this reference, and depicted on Sheet 6 of the Final Plat of Subdivision for Copper Springs, recorded November 12, 2004 as document number 2004K147283; and, WHEREAS, the City is the owner of Lot D in the Copper Springs Subdivision, legally described on Exhibit B, attached hereto and incorporated herein by this reference, and depicted on Sheet 6 of the Final Plat of Subdivision for Copper Springs, recorded November 12, 2004 as document number 2004K147283; and, WHEREAS, Lot D was conveyed to the City pursuant to Paragraph 5.B of an Annexation Agreement dated April 5, 2004, by and between the City of Elgin, Kathryn J. Christ, as Trustee under the Kathryn J. Christ Trust dated February 13, 1996, and Tracy J. Christ Wood, as Successor Trustee under the Glen H. Christ Trust dated February 13, 1996, and Centex Homes, a memorandum of Annexation Agreement was recorded with the Kane County Recorder of Deeds on March 30, 2005, as Document Number 2005K034581; and, WHEREAS, pursuant to Paragraph 5.B of the aforesaid Annexation Agreement, Lot D was conveyed to the City for the purpose of the development of a park site on Lot D; and, WHEREAS, the Homeowners Association, as a successor in interest to Centex Homes, is required to provide and maintain stormwater management facilities for portions of the Copper Springs Subdivision; and, 1 WHEREAS, there currently exists over a portion of Lot C a stormwater management easement providing for the installation and maintenance of a stormwater sewer system and detention basin on Lot C to service and accommodate stormwater run-off, drainage, storage and discharge in the Copper Springs Subdivision, including stormwater discharge from Lot D; and, WHEREAS, the parties desire that certain improvements be constructed on Lot D for the development of Lot D as a park site; and, WHEREAS, the detention basin located on Lot C was designed to provide for and accommodate stormwater detention for Lot D; and, WHEREAS, the detention basin located on Lot C has adequate and sufficient capacity to accommodate the stormwater from Lot D resulting from the development of Lot D as a park site, including any increase in the volume of stormwater resulting from any improvements associated therewith. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Homeowners Association agrees to allow, accept and accommodate the conveyance of any stormwater run-off, drainage and discharge from Lot D to the detention basin located on Lot C. The City is granted an easement to permit the conveyance of stormwater from Lot D to the detention basin on Lot C, including any increase in the volume of stormwater resulting from the development and of Lot D as a park site, and any improvements associated therewith. 2. This Agreement shall not be construed to limit any obligations or responsibilities of the Homeowners Association with respect to the herein referenced Annexation Agreement, or under the City's ordinances, codes or regulations. 3. This Agreement is and shall be deemed and construed to be the joint and collective work product of the City and the Homeowners Association and, as such, this Agreement shall not be construed against any party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict in the terms or provisions, if any, contained herein. 4. That this Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 5. This Agreement may be executed in counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same instrument. 6. That this Agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 2 7. That this Agreement shall be recorded by the City at the City's cost with the Kane County Recorder. IN WITNESS WHEREOF, the parties have executed this Agreement effective the date and day first written above. CITY OF ELGIN THE COPPERS SPRINGS DUPLEX HOMEOWNERS ASSOCIATION ////,/fiC By: By: it%'� ayor Attest: Attest: By: Bylib , City Clerk 3 EXHIBIT A Legal Description of Homeowners Association Property — Lot C OUTLOT C IN COPPER SPRINGS, BEING A SUBDIVISION IN THE SOUTHEAST QUARTER OF SECTION 18 AND PART OF SECTION 19, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED WITH THE KANE COUNTY RECORDER ON NOVEMBER 12, 2004, AS DOCUMENT NO. 2004K147283. P.I.N.: 06-19-258-001 06-19-325-001 CONSISTING OF APPROXIMATELY 7.59 ACRES. 4 EXHIBIT B Legal Description of City of Elgin Property— Lot D OUTLOT D IN COPPER SPRINGS, BEING A SUBDIVISION IN THE SOUTHEAST QUARTER OF SECTION 18 AND PART OF SECTION 19, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED WITH THE KANE COUNTY RECORDER ON NOVEMBER 12, 2004, AS DOCUMENT NO. 2004K147283. P.I.N.: 06-19-327-011 CONSISTING OF APPROXIMATELY 4.23 ACRES. 5