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HomeMy WebLinkAbout09-197 Recorded . 11111111111 20091-(074452 State of Illinois ) SANDY WEGMAN County of Kane) RECORDER - KANE COUNTY, IL City of Elgin ) Nr ONDED: 10/5'2009 8:39 AN RE FEE: 34.00 PAGES: 13 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. 09-197 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR THE HIGHLAND AVENUE SEWER SEPARATION FROM MITCHELL S. KOFSKY (3 LYNCH AVENUE) adopted by the Elgin City Council at its legally convened meeting held on September 9, 2009. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of..,.,:,•'s..t,the said City in the County and State aforesaid this October 1, 2009. c3F n9sFi�Mr (:: :_ ......_.6—:.,...". ..._1„)... 'a lir J Diane Robertson, ity Clerk 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. 09-197 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR THE HIGHLAND AVENUE SEWER SEPARATION FROM MITCHELL S. KOFSKY (3 LYNCH AVENUE) 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 the Highland Avenue Sanitary Sewer Separation from Mitchell S. Kofsky, for the property legally described on Exhibits A and B, 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: September 9, 2009 Adopted: September 9, 2009 Omnibus Vote: Yeas: 6 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 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this 9''U`-day leptc".44n.., 2009, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City"), and Mitchell S. Kofsky (hereinafter referred to as the "Grantor"). WITNESSETH WHEREAS,Grantor owns the real property depicted on Exhibit A,attached hereto and made a part hereof, commonly known as 3 Lynch Street, Elgin, Illinois, and having the Permanent Index Numbers 06-14-404-011 and 06-14-404-012(hereinafter referred to as the"Subject Property");and, WHEREAS,the City desires to obtain a permanent easement from Grantor for the purposes of constructing, maintaining, operating and repairing a storm sewer line, a sanitary sewer line, or both,over that portion of the Subject Property depicted by the areas designated"Drainage Easement" on the attached Exhibit A and legally described on Exhibit B,attached hereto and made a part hereof (hereinafter referred to as the "Easement Premises"); and, WHEREAS, the City further desires to obtain a temporary construction easement from Grantor for the purposes of constructing said sewer lines over that portion of the Subject Property depicted by the areas designated "Temporary Construction Easement" on the attached Exhibit A (hereinafter referred to as the "Temporary Construction Easement Premises"); and, WHEREAS,Grantor has agreed to grant such easements to the City pursuant to the terms and conditions of this Easement Agreement. - 1 - NOW,THEREFORE,for and in consideration of Nine Thousand Seven Hundred Thirty-Five Dollars($9,735.00)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. That Grantor,being the owner of the property referenced herein,does hereby grant to the City a permanent and exclusive easement for the construction, installation, maintenance, operation and repair of a storm sewer line, a sanitary sewer line, or both, along with any appurtenances or facilities related thereto, within, over, under, along, across and through the Easement Premises. 2. That Grantor does hereby further grant to the City a temporary construction easement within, over,under, along, across and through the Temporary Construction Easement Premises for the purpose of constructing, installing, maintaining, operating and repairing said sewer lines under and through the above-described Easement Premises. The temporary construction easement hereby granted shall be deemed terminated after the thirty-six (36) month period following the commencement of construction within the Easement Premises. 3. As additional consideration for this Agreement, the City agrees to construct and install an eighteen inch (18") storm sewer in the rear yard of the Subject Property, as generally depicted on Exhibit C,attached hereto and made a part hereof by this reference,and identified as the "Proposed Storm Sewer" thereon. The City further agrees to maintain and repair said Proposed Storm Sewer for a period of two(2)years following completion of the work on the Subject Property. 4. That following the exercise by the City of any easement rights granted herein,the City shall promptly repair and restore the Easement Premises, Temporary Construction Easement Premises and the Proposed Storm Sewer premises(the"Construction Premises,"herein)to the same condition as existed immediately prior to the existence of such rights as is reasonably practicable and shall leave the Construction Premises and surrounding premises free from debris. Final grading of the Construction Premises shall be performed in such a manner so as to adhere to drainage patterns existing prior to the work described herein. The City agrees to correct any disturbance to the existing flow of drainage water off the Subject Property,and to repair any damage to the garage,the retaining - 2 - wall, or existing sewer lines located on the Subject Property that occurs as a result of the City's exercise of any easement rights granted herein. 5. That the City for itself, its agents and independent contractors, hereby agrees to indemnify and hold the Grantor and its successors harmless from third party claims for personal injuries or property damage arising directly as a result of the City's work in the Construction Areas 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 Subject Property arising from said construction activities. 6. As additional consideration for this agreement, the Grantor does hereby forever release and discharge the City of Elgin, its employees, officers, agents, volunteers, successors and assigns,and all other related persons or entities,from any and all liability,claims,suits,judgments, costs,attorney's fees,damages or any other liability or relief whatsoever,arising from or in any way related to any damage to the driveway located on the Subject Property from events that occurred or conditions that existed prior to the City's exercise of the easement rights granted herein. 7. That the Grantor and his successors shall not construct any structures or buildings nor plant any trees on the Easement Premises, nor undertake any other activities on the Easement Premises which unreasonably interfere with the City's intended use of the Easement Premises, provided, however, that the Grantor may install safety fencing on the Easement Premises. In the event that the Grantor installs such safety fencing on the Easement Premises,the City shall have the right to remove and replace the safety fencing at the City's expense. 8. That no amendment,revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 9. That 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 10. That this Easement Agreement shall be governed by and construed in accordance with - 3 - the laws of the State of Illinois. 11. That the City may utilize the services of third-party contractors, employees or other agents to perform work in the Construction Areas. 12. That the Grantor hereby represents and warrants to the City that he is the fee simple title holder of the Subject Property and the Construction Areas, and that he has the full power and authority to enter into and make the grant of easements as provided herein. 13. That this Easement Agreement shall be binding on the parties hereto,their successors and permitted assigns and shall run with the land. 14. That this Easement Agreement shall be recorded by the City at the City's cost with the Kane County Recorder. SIGNATURE PAGE FOLLOWS - 4 - 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 GRANTOR: municipal corporation By 41IP M. ,or Mitchell S. Kofsky Attest: rn 0 lb\1_0 , Ci Clerk - 5 - STATE OF ILLINOIS ) ) SS. COUNTY OF K A N E ) 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 for the uses and purposes therein set forth. Given under my hand an official seal,this ?Ctikday of 46/2c/i,mv , 2009. No a Pub c STATE OF ILLINOIS )) K" SS. "OFFICIAL SEAL" COUNTY OF K A N E MARY GtFFORT Notary Public,State of Illinois My Commission Expires 06/13/2012 I,the undersigned,a Notary Public,in and for said Co: hereby certify that Mitchell S.Kofsky 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 z3'-day of 3 v Iy , 2009. . ,, "OFFICIAL SEAL" Notary ublic Christopher J. Beck Notary Public.State of Illinois My Commission Exp.12/01/2009 - 6 - . , . . 3 L (a © \ , - L z __ __10 . ....., .-- 0 IA 'x. \ _ E, EL a _ 7.\_\ ..•,---\ _ 7 0 74_ © WIDE TEMPORARY ..- \ CONSTRUCTION . ,..- EASEMENT . \\ \rn !, -- '''''''' 0\ \\(------- - .0"1 C4.-\- ' c•) ,' 'VO, ''' \ , \ - 12 __________---- -- 11 • • , DRAINAGE , EASEMENT \ \ ' , p p,,RCN-1- °6 GROIER S LON Al t5 1 S 1°N CHICAGO STREET -- - --- EXHIBIT A EASEMENT - PARCEL 06-14-404-011 -41111111 - , 1---------,...j GRAPHIC SCALE 0' 20' 4 0' -H RILMG REZEK,HENRY, MEISENHEIMER, and GENDE,INC. DRAWING NAME: 20623000-ESMT.DGN 40 VillI CONSULTING ENGINEERS DATE I MAY 19, 2006 ' 162 E.COOK AVENUE 635 TOLLWAY RD.SUITE F LAST RE V ISED, www.rhmg.com LIBERTYVILLE,ILLINOIS 60048 ELGIN,ILLINOIS 60123 Info©rhmg.com 647-362-5959 847442-5959 I • 0P,} 00 © -_11' gC �f 10 � L \ / , n © Ls` . 2--ij Z , CD - 7 - © -\\f' z70 EL, = :r cn ELa % m ..------'\ - , .,,,,\ , a\_ ,- -- OCD OF \r,1 \A P PF�C� C`C `ON \O 1 1' 0\--°pp1T 1T 1a �0� Zed \ I -f. -�--�- 4- 4_ 12 •.�� DRAR A INAGE % NAGE 1 4O � " --/PARCEL MER � ����- LOT 1 ° vROION /�.. - 90.68 '- ----_/ 10' WIDE TEMPORARY CONSTRUCTION • EASEMENT CHICAGO STREET EXHIBIT A EASEMENT - PARCEL 06-14-404-012 - Allt GRAPHIC SCALE 0' 20' 40' RI-MGDRAWING NAME 20623000 ESMT.DGN REZEK,HENRY, MEISENHEIMER,and GENDE,INC. CONSULTING ENGINEERS DATE4IPSMAY 19, 2006 ` 162 E.COOK AVENUE 535 TOLLWAY RD.SURE F LAST REVISE D www.rhmg.com LIBERTYVILLE,ILLINOIS 60048 ELGIN,ILLINOIS 60123 j infocrhmg.com 847-362-6969 847.742.5969 LEGAL DESCRIPTION DRAINAGE EASEMENT- PARCEL 06-14-404-011 THAT PART OF LOT 7, BLOCK 56 OF KIMBALL'S SECOND ADDITION TO ELGIN LOCATED IN SECTION 14, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KANE COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 7, THENCE WESTERLY ALONG THE SOUTH LINE OF AFORESAID LOT 7 A DISTANCE OF 17.18 FEET, THENCE NORTHEASTERLY A DISTANCE OF 16.57 FEET TO A POINT ON THE EAST LINE OF AFORESAID LOT 7 LOCATED 7.38 FEET NORTH OF THE POINT OF BEGINNING, THENCE SOUTHERLY ALONG THE EAST LINE OF AFORESAID LOT 7 TO THE POINT OF BEGINNING, SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. Exhibit B LEGAL DESCRIPTION DRAINAGE EASEMENT- PARCEL 06-14-404-012 THAT PART OF LOT 1 OF GROMER'S SUBDIVISION, BEING A SUBDIVISION OF LOTS XCIX, CV, AND C OF COUNTY CLERK'S SUBDIVISION OF LOTS 19 AND 20 OF WILLIAM C. KIMBALL'S ADDITION TO ELGIN, LOCATED IN SECTION 14, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KANE COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1, THENCE WESTERLY ALONG THE SOUTH LINE OF AFORESAID LOT 1, ALSO BEING THE NORTH LINE OF CHICAGO STREET, A DISTANCE OF 90.68 FEET, THENCE NORTHEASTERLY A DISTANCE OF 66.66 FEET TO A POINT ON THE NORTH LINE OF AFORESAID LOT 1 LOCATED 17.18 FEET WEST OF THE NORTHEAST CORNER OF AFORESAID LOT 1, THENCE EASTERLY ALONG THE NORTH LINE TO THE NORTHEAST CORNER OF AFORESAID LOT 1, THENCE SOUTHERLY ALONG THE EAST LINE OF AFORESAID LOT 1 TO THE POINT OF BEGINNING, SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. Exhibit B • 25'TEMPORARY \ ri..'c a Oy /// CONSTRUCTIO EASEMENT4 ' yf'fi I �I REST ( \ ��� .. P.+OPOSED STD 1`t � � 0 ;;. SEWED •11,E TY.C CURB F&G w�Il �C' ! Iil RIM:743.52 25'TE PORARY ��''/ 12"DIP INV: 740.50 CONS UCTION INLET . 1012"DIP 35'@ 0.45%. tri��EtAsST ENT .' I ''� RIM: 743.52 IL VAULT zArrez 'ip xtsrItt11'4r INV: DIRT FILLED N ' ' M: 744.07 TELE PRAM./ if - TY.A,CURB F&G ^ / V: 739.47 12 C C. WALL �% , +' RIM: 743.52 v ' F�acts Ti TILE ORNc! �, ', iT 12"DIP INV: 740.34 ;4 I� NpJSE CHt�,OX(O�tTto�/)GAR AGE ` 1 Z VALVE VAULT � / ,� O12"DIP 30'�0.45X ,m� RIM: 744 51 __-- - (72Wk,M u)LFr .k fj :�//JJJJ//jjjj� '�, / RIM:SANITARY MANHOLE `, _� _ _- CONC WAL t _i i.•/ ��1 c SE) INV: 745.37 /� a _ --1 (EI INV: 744.82 O - � � <W) INV 743.27 rt RAMVEVAULT 77.55 SHED /4.„,": 1401...:040,... ..:..71.0..:,. r+; w r I I / TP: 737.55 • r �AM,i � I \ ,..---•'...---' __________ A,. .,.� �' � 4 ufaee�ai�= � 13dDRAINAG if ___,-1',6 ANaAm4„':.„",-A,,,g--4 p' ,i-t‘4,,,, ,i--...-ce ��.-.. - .4rA, sz ,i,,0.,..01,__A.,,,_r41#---.-,.,-:,„....A.,.'.•.. Illiihr*Zi rAikt %Or/-*40..fl_ mailliiiiiii &-'... ----1,104/4/41___.--- "'. 2, -` ,,- > ' -. ) W �4Q `' `' .'a. T F.. ]� ..�C 4' F .. �. f r p. .1•fcz71 , '' �.r • r---- - --- -.T-�.�+,s�, 0 " YI 9 l u X t L*y�i\� .. V w kJ E 1 iffrivillkin. ,Illakk, = ' UE ////% g) aur vmmis , ..v_....._ vor_Arre-- -114 7---___,,,,,,, , _. .-.....71...,..-- ,c_, mp _ ///''' \ ?0 • 4\ '11 \ / .... Exhibit C /