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Home My WebLink About09-39 Re Recorded co11 II Rp ,�, 7eto 94Z'Cp10% RECORDER - KANE COUNTY, IL RECORDED: 3/15/2017 08:55 AN FEE:Sandy Wegman REC PAGES: 900 Kane County Recorder 719 S Batavia Ave,Bldg C Geneva, IL 60134 MAP ATTACHED Recording Cover Page This page added for the purposes of affixing Recording Information nDeed r I vi Other eC4,S€.,k_e4A c 4. n UCC ats oci 3�l Plat Remarks: \s `S661 r\ ', acQrs,ed24O Co a ea- • look ete,CDC c 41Ae a (c Ched eleee Ill 2OI13K02O33G State of Illinois) SANDY WEGMAN RECORDER - KANE COUNTY, IL County of Kane) City of Elgin ) RECORDED: 3/18/2y i9�12:54 PM REC FEE:PAGES: 8 MAP ATTACHED 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 39 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER PURPOSES FROM PINGREE CREEK, L.L.C. adopted by the Elgin City Council at its legally convened meeting held on March 4, 2009. r' 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. YO F •-L„ E / \s, 01 l �'. glii. t�IIl ,. Diane Robe n, City Clerk (SEAL) This instrument prepared by: Return to: IL.‘ e IL /ww i S William A. Cogley n Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 6 h.6.v-N tZje 2ec -)S 'd C P1e'4- C(' 1I •eri Q i r\ Ufa agave keuf . Resolution No. 09-39 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER 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 sanitary sewer 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 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/iEd 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 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 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 alternatively as the "60-foot wide sanitary sewer easement" and the "50-foot wide sanitary sewer 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, 1 • operate, use, maintain, repair, service, upgrade, replace or remove sanitary sewer 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. 2 6. That the City for itself, its agents and independent contractors,hereby agrees 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 fnd 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 1 Easement Agreement on the date and year first written aboiue. PINGREE CREEK,L.Li C. Kent W. Shodeen Trust No. 1; Sole Member By: /-V- �i�/ttest: nt W. Shodeen; Trustee State of Illinois) )ss I, L,-‘60_ K. 6,v,1 County of Kane) a Notary Public in and for the County and State aforesaid, hereby certify that Ken-\- w, a1,,Rdeen , Trus e & �\1nF \G•n'1 Y (A). Sv�cceh 04 (1v() I and pro •p Sl�(�C') , ,S��F iiF,,,, r- 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 aIs day of .&,,,,,,,,,7 1 , 2009 "OFFICIAL -SAL" . , L,ISA K. SMITH ; Notary public,State of Illinois / No ar Y Public My Commission Expires 03/23/10 MORTGAGEE ACKNOWLEDGMENT State of Illinois ) 1 )ss Accepted and approved by LaSalle Bank,N.A.,nka Bank of America, County of K e) as Mortgagee,this Z-j day of Jc, ,,ar7 , 2009. By: / ��_ Attest: r;C C` hs5s5t At-v,?e 1.41"4."1-- I CITY OF ELGIN, an Illinois municipal corporation B ‘ ,._j,,,k,._„_ y: —ril Attest: ayor City Clerk 4, • 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 - � I I I �