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Home My WebLink About09-38 Re Recorded 9y,9A.Q,CtIA II II 1111 y �' SANDY JEGM N '4COUN RECORDER - KANE COUNTY, IL RECORDED: 3/15/2017 e8:55 AM REC FAG: : 00 Sandy Wegman PAGES: 9 Kane County Recorder MAP ATTACHED 719 S Batavia Ave,Bldg C Geneva, IL 60134 Recording Cover Page This page added for the purposes of affixing Recording Information ❑ Deed F1 Other EOse cup__r_A- W( 0,46.0A ukkeids, - RQ5 061.,30 ❑ ucc ❑ Plat Remarks: \oCc ‘ge wk.cDod-ece • COG ceao amcia iiAP ag-eems•LJ. #- u ill _., . . ,. . , . .. - Itnai, 0:ca,ka _____ State of Illinois) aizicasK02(2)334 County of Kane) City of Elgin ) RECORD -ER EECOUNTYA,NIL RECORDED: 3/18/2009 12:54 NI REC FEE: 29,00 PAGES: B Recording Information MAP ATTACHED 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`ofIllinois, 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: i RESOLUTION NO. 09 38 • RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR WATERMAIN PURPOSES FROM PINGREE CREEK, L.L.C. adopted by the Elgin City Council at its legally convened meeting held on March 4, 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 March 11, 2009. 74i./410p: 1.., ,,,. '\iII Diane Robertson, City Clerk (SEAL) i''1TC.i r` • • i C This instrument prepared by: Return to: VZ,i minz2 (LA I .eWi William A. Cogley D Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 f `,\`S'(` �'n IZP(t,2Coc?cQvcQ 'f `tine 6aima osul keno s , i. �kh v 1 Resolution No. 09-38 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR WATERMAIN PURPOSES FROM PINGREE CREEK, L.L.C. 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 watermain purposes from Pingree Creek L.L.C., for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City ClerIJ 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: March 4, 2009 Adopted: March 4, 2009 Omnibus Vote: Yeas: 5 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk 4 4 Return After Recording to: William A. Cogley City of Elgin Legal Department 150 Dexter Court Elgin, IL 60120-5555 January 9, 2009 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made and entered into this 'sf day of 2009,by and between the CITY OF ELGIN, an Illinois municipal. corporation, (hereinafter referred to as the "City"), and Pingree Creek, L.L.C., an Illinois Limited Liability Company (hereinafter referred to as the "Grantor"). WITNESSETH: WHEREAS,the Grantor owns certain real property, located in Kane County, Illinois; and WHEREAS,the parties have determined that it is in their best interests for the Grantor to grant to the City an easement over those portions of the Grantor's property depicted as the "30-foot wide water main easement" on Exhibit"A". Such portions of the Grantor's property depicted on Exhibit "A" being attached hereto and made a part hereof are hereinafter referred to as the "Easement Premises". NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) in hand paid to the Grantor, and other good and valuable consideration,the sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. That the Grantor hereby grants and conveys to the City of Elgin, an Illinois municipal corporation, a permanent and exclusive easement to install, construct, operate, 1 use, maintain, repair, service, upgrade, replace or remove water main lines and appurtenances relating thereto, in, through, under and upon the Easement Premises. Notwithstanding the requirement that such easement is exclusive, in the event the final engineering for the development of Grantor's real property of which the Easement Premises are a part indicates the need to locate other utilities within the Easement Premises, the City agrees to reasonably consider permitting the location of other utilities within such Easement Premises as long as and to the extent such other proposed utilities do not unreasonably interfere with the City's intended use of the Easement Premises as determined by the City. 2. That the Grantor and/or his successors and assigns shall not construct any buildings or structures,plant trees, or undertake any other activities which unreasonably interfere with the easement rights granted to the City herein. 3. That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the Easement Premises to the same conditions as existed immediately prior to the exercise of such rights as are reasonably practicable. 4. That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all of the parties and/or their successors and assigns hereto. 5. Notwithstanding the provisions contained in the preceding section 4 and in the interest of avoiding the duplication of easements; in the event the plat of subdivision for the development of the Grantor's real property, of which the Easement Premises are a part, includes easements for the purposes established in this Easement Agreement as determined by the City, the City agrees to release the easements granted in this Easement Agreement as part of the City's approval of the plat of subdivision for Grantor's real property. 6. That the City for itself, its agents and independent contractors, hereby agrees 2 to indemnify and hold the Grantor and/or his successors and assigns harmless from third party claims for personal injuries or property damage arising directly as a result of the City's work in the Easement Premises during any construction or during any subsequent maintenance or repair thereof. The City further agrees to indemnify and hold harmless the Grantor and/or his successors and assigns from any and all liens placed against the Easement Premises arising from construction or maintenance activities by the City. 7. That this agreement constitutes the entire agreement between the parties, with respect to the easement being granted herein, 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 easement granted herein. 8. That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 9. 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. 10. That the Grantor hereby represents and warrants to the City it is the fee simple title holder of the Easement Premises and as acknowledged by the mortgagee that he has the full power and authority to enter into and make the grants of easement as provided herein. 11. That this agreement shall be binding on the parties hereto, their successors and assigns and shall run with the land. 12. That this agreement shall be recorded by the City at the Grantor's cost - with the Kane County Recorder. 3 IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above. PINGREE CREEK, L.L.C. Kent W. Shodeen Trust No. 1; Sole Member By: Lz,! Attest: nt W. Shodeen; Trustee State of Illinois) )ss I, L K. Srn, 14 County of Kane) a Notary Public in and for the County and State aforesaid,hereby certify that G$. *kn(0Er, I , TruSTFG- $ ` \e /Ft and of Pingree Creek, L.L.C., who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument, as said trustee, appeared before me this day in person and acknowledged the execution of the accompanying instrument as their free and voluntary act and as the free and voluntary act of said Pingree Creek,L.L.C. Given under my hand and Notarial Seal, this ,R,6rday of ,)anuc�r , 2009, Y "OFFICIAL FICIAL SEAL" LISA K. SMITH Notary Public,State of Illinois Notary Public ‘1U1y Commission Expires 03/23/10 MORTGAGEE ACKNOWLEDGMENT State of Illinois ) )ss Accepted and approved by LaSalle Bank,N.A.,nka Bank of America, County of Kr e) as Mortgagee,this Z1 day of )��.� . , 2009. By: ✓ / Attest �j�ji6Y-% /{-s z Pits fi CITY OF ELGIN, an Illinois municipal corporation By: r_L rr2 Attest: Mayor City Clerk 4 I � • EXHIBIT A Part of Section 2-41-7 and Part of the West Half of Section 34-42-7, in the City of Elgin, Kane County,Illinois