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Home My WebLink About09-65 Recorded 11 1111 11111 20091-0024415 State of Illinois) SANDY WEGMAN County of Kane) RECORDER — KANE COUNTY, IL City of Elgin ) R c:O DED: 4R/2009 8:38 AM REtL FEE: 47.08 PAGES: S 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. 09-65 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR WATERMAIN PURPOSES FROM JUDSON UNIVERSITY adopted by the Elgin City Council at its legally convened meeting held on March 18, 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 April 2, 2009. is ,i', ---._...L..z:--,..\::-- l_A-e.... .y,-- ft( �IIIIk4 ' ' Diane Robert on, City Clerk This instruiv ,„.,-4., ment 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. 09-65 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR WATERMAIN PURPOSES FROM JUDSON UNIVERSITY 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 Judson University, 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: March 18, 2009 Adopted: March 18, 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 da THIS EASEMENT AGREEMENT made and entered into this iO day of f,t414 2009,by and between the CITY OF ELGIN,an Illinois municipal corporation,(hereinafter referred to as the"City"),and JUDSON UNIVERSITY,A BAPTIST INSTIUTION,an Illinois not-for-profit corporation, an Illinois limited liability company, (hereinafter referred to as the "Grantor"). WITNESSETH WHEREAS,Grantor owns certain real property consisting of approximately ninety(90)acres located adjacent to the east side of State Street in Elgin,Illinois,having a principal office address of 1151 North State, Elgin, Illinois(hereinafter referred to as the "Subject Property"); and, WHEREAS, the City desires to obtain a permanent easement from the Grantor for the purposes of constructing,maintaining, operating and repairing watermain lines and appurtenances related thereto over that portion of the Subject Property depicted by the area designated"Watermain Easement Hereby Granted" on the plat of easement attached hereto as Exhibit A and incorporated herein by this reference (said area hereinafter referred to as the "Watermain Easement Premises"); and, WHEREAS,the City further desires to obtain a permanent easement from the Grantor for the purposes of constructing, maintaining, operating and repairing sludge disposal lines and appurtenances related thereto over that portion of the Subject Property depicted by the area designated"Sludge Easement Hereby Granted"on Exhibit A,(said area hereinafter referred to as the "Sludge Line Easement Premises"); and, - 1 - WHEREAS,Grantor has agreed to grant such easements to the City for such purposes and pursuant to the terms and conditions of this Easement Agreement. NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) 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 Subject Property,does hereby grant to the City, and its successors and assigns,a permanent and exclusive easement to install,construct,operate,use, maintain, locate, upgrade, repair, service, remove or replace watermain lines, along with any appurtenances or facilities related thereto, within, over, under, along, across and through the Watermain Easement Premises. 2. That Grantor,being the owner of the Subject Property,does hereby grant to the City, and its successors and assigns,a permanent and exclusive easement to install,construct,operate,use, maintain, locate, upgrade, repair, service, remove or replace sludge disposal lines, along with any appurtenances or facilities related thereto,within,over,under,along,across and through the Sludge Line Easement Premises. 3. That following the exercise by the City of any easement rights granted herein,the City shall promptly repair and restore the Watermain Easement Premises and the Sludge Line Easement Premises(hereinafter collectively referred to as the"Easement Premises")to the same condition as existed immediately prior to the existence of such rights as is reasonably practicable and shall leave the Easement Premises and surrounding premises free from debris. 4. That the City for itself, its agents and independent contractors, hereby agrees to indemnify and hold 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 Easement Premises 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 Easement Premises arising from said construction activities. - 2 - 5. That the Grantor and its 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 that unreasonably interfere with the City's intended use of the Easement Premises. 6. That no amendment,revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 7. 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 supersedes all prior and concurrent promises, representations,proposals, negotiations, discussions and agreements that may have been made in connection with the subject matter hereof 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 Grantor hereby represents and warrants to the City that 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. 11. That this agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 12. That this agreement shall be recorded by the City at the City's cost with the Kane County Recorder. SIGNATURE PAGE TO FOLLOW - 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 JUDSON UNIVERSITY BY: � By: C Mayor Attest: --,��„�� L-e.., n--" Its: 'J torr 16tAsivle55 I\��o,��s City Clerk Attest: —fit-A-et AZILeZ__- . - 4 - STATE OF ILLINOIS ) ) SS. COUNTY OFKANE ) 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.p Given under my hand an official seal,this /0 qday of , 2009. Notary ubli "OFFICIAL SEAL" MARY GIFFOFFT STATE OF 1:,--as:S ) • Nary Fut*,State of Illinois ) S S. MY Commission Expires 06113/2012 COUNTY OF ) I,the undersigned,a Notary Public,in and for said County,in the State aforesaid,do hereby certify that 1�,;v,e MG1 q��,�� ,and Q DAT i,c a ace) ,are 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 of the uses and purposes therein set forth. Given under my hand an official seal, this"Z ` day ofVeS01�,-� , 2009. Not ublic OFFICIAL SEAL THOMAS RUEGER NOTARY PUBUC-STATE OF ILLINOIS MY COMMISSION EXPIRES FEBRUARY 26,2010 - 5 - EXHIBIT A Plat of Easement,prepared for Burns&McDonnell Engineering by MMG,dated November 3,2008, to be inserted. - 6 -