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HomeMy WebLinkAbout10-0223 Recorded io--Oaa3 taranata ` RAAp ATTACHED //i/I1///II!1iI////1II//I/II1 This Instrument Prepared by and Return After SANDY W E MAN Recording to: RECORDER - KANE COUNTY, IL RECORDED: 3/1/2010 1:58 Christopher J. Beck C FE: 38.00 City of Elgin PAGES: 9 Legal Department 150 Dexter Court Elgin IL 60120-5555 EASEMENT AGREEMENT SOUTH STREET EXTENSION PROJECT THIS EASEMENT AGREEMENT made and entered into this 2 day of Pawowy , 2010, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City"), and Funk Properties Limited, an Illinois corporation (hereinafter referred to as the"Owner"). WITNES SETH WHEREAS,the Owner is the owner of record of the real property depicted on Exhibit F-1, attached hereto and incorporated herein by this reference, said property consisting of approximately 50.49 acres in Kane County, Illinois (hereinafter referred to as the "Subject Property"); and, WHEREAS,the Owner and the City have agreed to the extension of the public right- of-way commonly known as South Street over a portion of the Subject Property(hereinafter referred to as the"South Street Extension Project"); and, WHEREAS,the City desires to obtain a permanent easement from the Owner for the purposes of installing stormwater management and drainage facilities along a portion of the South Street extension over the Subject Property depicted by the area designated "Parcel 0003PE" on Exhibit F-2 and legally described on Exhibit F-3, attached hereto and incorporated herein by this reference (hereinafter referred to as the "South Street Drainage Easement Premises"); and, - 1 - 9 �� • WHEREAS, the City further desires to obtain a temporary construction easement from the Owner for the purposes of constructing said South Street extension and drainage facilities over the portion of the Subject Property depicted by the area designated"Parcel 0003TE"on Exhibit F-2 and legally described on Exhibit F-3 (hereinafter referred to as the "South Street Temporary Construction Easement Premises"); and, WHEREAS, the Owner 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 ($10.00) in hand paid to the Owner, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That the Owner,being the owner of the Subject Property,does hereby grant to the City a permanent and exclusive easement to install, construct, operate, use, maintain, locate, upgrade,repair,service,remove or replace swales and other stormwater management and drainage facilities,along with any appurtenances or facilities related thereto,within,over,under,along,across and through the South Street Drainage Easement Premises. 2. That the Owner does hereby further grant to the City a temporary construction easement allowing access over,within,under,along,across and through,and use of the South Street Temporary Construction Easement Premises for the purpose of constructing,installing,maintaining, operating or repairing the South Street extension and the drainage facilities to be located within the above-described South Street Drainage Easement Premises. The temporary construction easement hereby granted shall be deemed terminated after the thirty-six (36) month period following the commencement of construction of the South Street extension. - 2 - 2- 3. That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the South Street Drainage Easement Premises and the South Street Temporary Construction Easement Premises to the same condition as existed immediately prior to the existence of such rights as is reasonably practicable and shall leave the South Street Drainage Easement Premises and the South Street Temporary Construction 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 the Owner 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 South Street Drainage Easement Premises and the South Street Temporary Construction Easement Premises during construction or during any subsequent maintenance or repair thereof. The City further agrees to indemnify and hold harmless the Owner from any and all liens placed against the South Street Drainage Easement Premises or the South Street Temporary Construction Easement Premises arising from said construction activities. 5. The Owner and the Owner's successors shall not construct any buildings or structures nor plant any trees on the South Street Drainage Easement Premises, nor undertake any other activities on the South Street Drainage Easement Premises that unreasonably interfere with the City's intended use thereof. 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 - 3 - 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 the City may utilize the services of third party contractors,employees or other agents to perform work in either the South Street Drainage Easement Premises or the South Street Temporary Construction Easement Premises. 10. That the Owner hereby represents and warrants to the City that it is the fee simple title holder of the South Street Drainage Easement Premises and the South Street Temporary Construction 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. 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 FUNK PROPERTIES LIMITED, an Illinois Municipal Corporation Corporation By: C By: (/�4 -- / �k L Mayor Its: President Attest: Attest: By: \ By: City Clerk Its: Secretary -4 - 1 • STATE OF ILLINOIS ) SS. COUNTY OF KANE ) 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 /7 day of , 2010. Not lic "OFFI'::', AL:EAL" MARY G.FFORT STATE OF ILLINOIS ) yy Notary Pudic,State et Illinois ) SS e My Commission Expires 06/13/2012 COUNTY OF KANE ) I,the undersigned,a Notary Public,in and for said County,in the State aforesaid,do hereby certify that Patrick B.Funk,President,and Michael H.Funk,Secretary,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 /1 Zi"day of /It , 2010. N ry Public OFF ,��t at~AI. JANIGE �iERWANDjJ NOTARY Pt3t• u. 47/tt OF ILLINOI my COrq!:?ciIC - 5 - PLAT I ,._.......�._�le e sr salt am mom twos I �. I /i/. • _ . . ICOUP/ '% i ill .�i ,•i i i u•• ••• •.n. -- .11 (..._ _., ___. b _ I I I . / • ill / f • Sir . - ; i . SUBJECT "� /iiilly ., 4.: / 1 1 PROPERTY i «ge I 1 / �� / Vd , I ' / - j / � 4 411, / yr fA�r • •w. kr/ . ,,, LILI /// .4. / / 1 I st / r / km E . • / / / ..�wm��• / / / / ,f r. / / /14 / ,/ J EXHIBIT f- r / // arms -.,' a wa1M tMC I / • r. a"�%MIA mn• i r0i.•�u (� ST i+o xfo�r�o. �•rt $ si ,F'.-, � Landmark . �r� ^— Y' I .. a=�'- ENauRLR1NO GROUP. INC. Ft INK FARA PRC')PFATY _ r 1 PART OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS. LEGEND •_ -I �� CORNER QUARTER I I`I` SECTION IllilIlIIll11I(IIIIIII � �- CORNER SECTION LINE QUARTER SECTION LINE --- QUARTER,WARTEE R SECTION UNE 2 O O K O J O = - - PROPER (D ED) 1 _ - QUARTER,(UARD)USE -_ �L_ - APPARENT PROPERTY UNE SAN DY WEGMAN - CENTERLINE - EXISTING RIGHT OF WAY UNE RECORDER CO7771E -KANE COUNTY, IL ------ EXISTING EASEMENT 1\.l:.l. I�LJl:.l\ -- PROPOSED RIGHT OF WAY UNE RECORDED: 3�1I2O IO 1:58 PM ---- - PROPOSED TEMPORARY EASEMENT FEE: 30.00 -•-•-•--•- PROPOSED PERMANENT DRAINAGE EASEMENT REC39.41' MEASURED DIMENSION ( ) RECORD DATA 50 50 0 Y5 50 / EXISTING BUILDINGS PAGES: 9 V / • IRON PIPE OR ROD FOUND W PK NAIL FOUND OR SET • + CUT CROSS FOUND OR SET 0 5/8"REBAR SET •T1 THESE STAKES REFERENCE FOUND OR SET MONUMENTATION. SET 5/8 INCH • / T2 IRON ROD FLUSH WITH THE GROUND TO TIE MONUMENTATION. IDENTIFIED (383.19') / T3 BY COLORED PLASTIC CAP BEARING SURVEYORS REGISTRATION NUMBER. (105.32•) / •BT1 THESE STAKES,IN CULTIVATED AREAS,REFERENCE FOUND OR SET / BT2 MONUMENTAT10N.BURIED 5/8 INCH ROD 20 INCHES BELOW GROUND TO BT3 TIE MONUMENTATION.IDENTIFIED BY COLORED PLASTIC CAP BEARING SURVEYORS REGISTRATION NUMBER. ■ STAKING OF PROPOSED RIGHT OF WAY.SET DIVISION OF HIGHWAYS SURVEY • / MARKER TO MONUMENT THE POSITION SHOWN. IDENTIFIED BY INSCRIPTION DATA AND SURVEYORS REGISTRATION NUMBER. / ■M INCH STAKING IRON ROD PROPOSED 20 INCHES BELOWAY IN CULTIVATED AREAS.BURIED GROUND 5/8 TO MARK FUTURE SURVEY MARKER POSITION.IDENTIFIED BY COLORED PLASTIC CAP BEARING SURVEYORS 6.34' REGISTRATION NUMBER. / /P.O.B. 0003TE-2 O RIGHT OF WAY STAKING PROPOSED TO BE SET 51+14.33 51+18.22 45.00'LT 40.00 LT STATE OF ILLINOIS S'LY LINE DOC. NO. 00 SS SEE SHEET 7 2003K097711 jryx\ COUNTY OF KANE ` FOR TOTAL HOLDING / THIS IS TO CERTIFY THAT I.REJENA H.LYON,AN ILUNOIS PROFESSIONAL LAND SURVEYOR,HAVE SURVEYED THE PLAT OF HIGHWAYS SHOWN HEREON IN SECTION 20, TOWNSHIP 41 NORTH.RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN.KANE c.J L=405.00'. 1' - 82.07y8". COUNTY; THAT THE SURVEY IS TRUE AND COMPLETE AS SHOWN TO THE BEST OF MY R= .y`4 107.72• _ KNOWLEDGE AND BELIEF; THAT THE PLAT CORRECTLY REPRESENTS SAID SURVEY; THAT REMAINDER = 29.261 AC± CH=N55'04'22"E 45.0049+96 LT ,,h 'Lry, h0 // ALL MONUMENTS FOUND AND ESTABUSHED ARE OF PERMANENT QUALITY AND OCCUPY LC 130.83' �'b SQ 9h. / THE POSITIONS SHOWN HEREON AND THAT THE MONUMENTS ARE SUFFICIENT TO ,O / sj•♦ h 51+84.39 ENABL` THE SURVEY TO BE RETRACED. MADE FOR THE CITY OF ELGIN,STATE OF L=100.00' 46+50 bb �`c" �4. 45.00'RT ILLINOIS. R = 400.00' 50.00'LT bh/pfi� � /,:b DATED AT ELGIN,IWNOIS, THIS DAY OF ,20_A.D. CH= N71'55.18"E + LC=105.1.7' S25'37'56'E / +b •-• //�00 5.00' 4 S10'31'29"E • / ILLIN015 PROFESSIONAL LAND SURVEYOR NO. 3302 10.00' 48+50 �Q 'le 0 47+00.00 45.00'LTA / b0 /49+96.01 PREPARED BY: 50.00• LT / 40.00'LT PT4 bh N79-2 y HAMPTON, LENZINI,AND RENWICK INC. 31.35''31'EVV. / 380 SHEPARD DRIVE 31.35' ELGIN, ILLINOIS 60123-7010 47+00.00 47+31.35 • / / ACCOUNT NO.3-OS-0232i 60.00'LT 50.00'Li x00 / 49+96.01 L=136.03' PROPOSED R.O.W. -•---- t bA V 45.00'RT / R= 4571'3 1.3' / CH 571'36'09"W PROPOSED PERMANENT EASEMENT • 35 �,� CURVc 4 LC=135.61' 41+58.92 PROPOSED TEMPORARY EASEMENT _" �'� 40.00 LT 8i,00 PI STA. = 48+67.63 • 60.00'LT _� 47+00.00 45 00 LT j\ •�/ =33'41'S1" L=132.75' 0003PEI _" y11.OB� - 47 00 LT R v 450.00' R= 510.00' 41+58.92 T9.28 �� L= 264.66' 4108• 31 47+00 L=291.13• 45.00'LT 5 S iT=136.28' CH = N72'01'07'E p3TE . -1.08 I5NCT4000'31.29"W..... L= 241.14' R=495.00' LC=13237' 0= 7.-_-.; 76100 � / / CH=S62'37'35'W40+41.79 _ �_ 43� R= 410.00' E20.18'E 572• LC=286.95' PCSTA.=a7+31.35- H= N62'37.35"E 60.00'LT N79'28 31" N79'26 31'E 49+00�_ - / LC=237.67' / PT STA. = 49+96.01 GJ -_ �1 51243' _ 16.68' P.O.B. 00037E I 9.2g 31"E -_--- 47+31.35 / 43+00 N7 0�3 - 45.00'RT / d9 45 00'LT �- 4O.O0' 2 _I _ �! / h 40.00'LT C p 4' h'� 5.59' OUTH S1RL�T N- _--5j9 "W r5,2. �4.9,4'b / _ }}-`�pJ T .j 1 • �\ PT3 - .01OC('+0 / M./1HIBi! Win^ �/ / h0Q ,5 --�-_ PROPOSED R.O.W. / P.O.B. 0003PE 00 0JR 40+32.97 1,OkV - -- 40.00'LT / n 47+58.92 REMAINDER = 26.233 ACt ALL BEARINGS ARE BASED ON ILLINOIS as.7. RT / STATE PLANE COORDINATE SYSTEM L= 490.00'• /// / EAST ZONE GRID. P.O.B. 0003 R= i 45. 0' CH=N 6.69'27'E I PLAT � /� HIGHWAYS / 45.00'RT LC= 136.69' rLA O HIGH A I S / PARCEL OWNER TOTAL PREVIOUS AKEN DEDICATION REMAINDER EASEMENT PEASEMENT ACQUIRED OF BY NUMBER „q L=157.30' NUMBER �Y �"� "7- R 4056'W CURVE 3 2.226 Act NA 55.494 Act NA NA / CH =S68'20'56'W 0003 PI STA. = 40+09.00 06-z0-276-002 LC=156.31' FUNK PROPERTIES.LIMITED 57.720 Act NA NA NA 0.078 Act DRAINAGE SOUTH STREET EXTENSION w A= 39'S1'S9" 0003PE iv R= 13.11' 0003TE NA NA NA 0.293 Act CONSTRUCTION _ KANE COUNTY SECTION N L= 1 3.11' o T=STA.=' STATION 93+00 (WELDWOOD) TO STATION 99+80 $ E= 28.68' P.O.C.0003,0003PE,0003TE STATION 40+00 (SOUTH) TO STATION 52+00 z PCT STA.= 38+45.81 SCALE: 1"=50' SHEET 3 OF 6 PT STA.=41+58.92 (fir FD IR - - _- • � 1424.88' (1425.00•) - - �Ci�b - - - Fo IP�\ saa•as'2z'w__ __ __ - - -- ���# 150 DEXTER coI South Street Extension Parcel: 0003 PE Owner: Funk Properties, Limited Station: 40+32.97 to 47+00.00 P.I.N.: 06-20-276-002 That part of the Northeast Quarter of Section 20, Township 41 North, Range 8 East of the Third Principal Meridian in Kane County, Illinois, described as follows: Commencing at the southeast corner of said Northeast Quarter; thence on an assumed bearing of South 88 degrees 49 minutes 22 seconds West, 1,424.88 feet (1,425.00 feet) along the south line of said Northeast Quarter to the grantor's westerly property line; thence North 00 degrees 05 minutes 32 seconds East, 531.35 feet along said westerly line to the Point of Beginning; thence northeasterly, 137.14 feet along a curve to the right having a radius of 490.00 feet, the chord of said curve bears North 71 degrees 27 minutes 27 seconds East, 136.69 feet; thence North 79 degrees 28 minutes 31 seconds East, 541.08 feet; thence North 10 degrees 31 minutes 29 seconds West, 5.00 feet; thence South 79 degrees 28 minutes 31 seconds West, 541.08 feet; thence southwesterly, 136.03 feet along a curve to the left having a radius of 495.00 feet, the chord of said curve bears South 71 degrees 36 minutes 09 seconds West, 135.61 feet to the grantor's westerly property line; thence South 00 degrees 05 minutes 32 seconds West, 5.59 feet along said westerly line to the Point of Beginning. Said parcel contains 0.078 acre, more or less. EXHIBIT 3 South Street Extension Parcel: 0003 TE Owner: Funk Properties, Limited Station: 40+35.25 to 51+18.22 P.I.N.: 06-20-276-002 That part of the Northeast Quarter of Section 20, Township 41 North, Range 8 East of the Third Principal Meridian in Kane County, Illinois, described as follows: Commencing at the southeast corner of said Northeast Quarter; thence on an assumed bearing of South 88 degrees 49 minutes 22 seconds West, 1,424.88 feet (1,425.00 feet) along the south line of said Northeast Quarter to the grantor's westerly property line; thence North 00 degrees 05 minutes 32 seconds East, 536.94 feet along said westerly line to the Point of Beginning; thence continuing North 00 degrees 05 minutes 32 seconds East, 16.68 feet along said westerly line; thence northeasterly, 132.75 feet along a curve to the right having a radius of 510.00 feet, the chord of said curve bears North 72 degrees 01 minute 07 seconds East, 132.37 feet; thence North 79 degrees 28 minutes 31 seconds East, 541.08 feet; thence South 10 degrees 31 minutes 29 seconds East, 10.00 feet; thence North 79 degrees 28 minutes 31 seconds East, 31.35 feet; thence northeasterly, 105.47 feet along a curve to the left having a radius of 400.00 feet, the chord of said curve bears North 71 degrees 55 minutes 18 seconds East, 105.17 feet; thence South 25 degrees 37 minutes 56 seconds East, 5.00 feet; thence northeasterly, 131.41 feet along a curve to the left having a radius of 405.00 feet, the chord of said curve bears North 55 degrees 04 minutes 22 seconds East, 130.83 feet; thence North 45 degrees 46 minutes 40 seconds East, 118.32 feet to the southerly line of a parcel described in Document No. 2003K097711; thence South 82 degrees 07 minutes 18 seconds East, 6.34 feet along said southerly line; thence South 45 degrees 46 minutes 40 seconds West, 122.21 feet; thence southwesterly, 241.14'feet along a curve to the right having a radius of 410.00 feet, the chord of said curve bears South 62 degrees 37 minutes 35 seconds West, 237.67 feet; thence South 79 degrees 28 minutes 31 seconds West, 31.35 feet; thence North 10 degrees 31 minutes 29 seconds West, 5.00 feet; thence South 79 degrees 28 minutes 31 seconds West, 541.08 feet; thence southwesterly, 136.03 feet along a curve to the left having a radius of 495.00 feet, the chord of said curve bears South 71 degrees 36 minutes 09 seconds West, 135.61 feet to the Point of Beginning. Said parcel contains 0.293 acre, more or less.