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HomeMy WebLinkAbout10-229 Resolution No. 10 -229 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR WATERMAIN PURPOSES FROM THE BOARD OF EDUCATION OF SCHOOL SCHOOL DISTRICT U-46, KANE, COOK AND DUPAGE COUNTIES, ILLINOIS (500 Shales Parkway) 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 the Board of Education of School District U-46, Kane, Cook and DuPage Counties, Illinois, 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 Cook County, Illinois. • s/Ed Schock Ed Schock, Mayor . Presented: December 15, 2010 Adopted: December 15, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk WATER MAIN EASEMENT AGREEMENT 2010 THIS EASEMENT AGREEMENT made and entered into this 15 day of Decemhar 20130, by and between the CITY OF ELGIN,an Illinois municipal corporation, (hereinafter referred to as the"City"), and the BOARD OF EDUCATION OF SCHOOL DISTRICT U-46, KANE, COOK AND DUPAGE COUNTIES, ILLINOIS (hereinafter referred to as the"Grantor"). WITNESS ETH WHEREAS, Grantor owns the real property legally described on the Plat ofSurvey/Easement prepared by Landmark Engineering Group Inc.and dated June 10,2008,a copy of which attached hereto as Exhibit A,in the City of Elgin, Cook County,Illinois(the"Grantor's Parcel"); and WHEREAS, the City desires to obtain an easement from Grantor for the purpose of operating,using,maintaining,locating,upgrading,repairing,replacing or removing water main and other appurtenances related thereto over a portion or portions of the Grantor's Parcel; and WHEREAS, Grantor has agreed to grant such easement for such purposes pursuant to the terms and conditions of this Water Main Easement Agreement (the"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. Permanent Water Main Easement. That Grantor, being the owner of the Grantor's Parcel referenced herein,does hereby grantto the City of Elgin,an Illinois municipal corporation(the "City"),permanent and exclusive easement(the"Water Main Easement") to operate, use,maintain, 1 384267.2 locate, upgrade,repair, service,remove,or replace water mains,and other appurtenances relating to water mains,in,upon,and under those portions of the Grantor's Parcel legally described on the Plat of Survey/Easement attached hereto and made a part hereof as Exhibit A. (the "Easement Premises"). 2. Restoration of Easement Premises. That following the exercise by the City of any easement rights granted herein,the City,shall promptly repair and restore the Easement 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. 3. Indemnification. That the City for itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor and its successors harmless from any and all claims for personal injuries or property damage (except claims of Grantor) arising directly as a result of the City's work or other activities in the Easement Premises pursuant to this Agreement The City further agrees to indemnify and hold harmless Grantor from any and all liens placed against the Easement Premises arising from said activities. 4. Restrictions: Reservations. That the Grantor and Grantor's successors shall not construct any buildings on the Easement Premises nor undertake any other activities on theEasement Premises which unreasonably interfere with the City's intended use of the Easement Premises. 5. Amendment. That no amendment,revision,or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 6. Entire Agreement. 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' 2 384267.2 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. 7. Applicable Law. That this Easement Agreement shall begovernedby andconstruedin accordance with the laws of the State of Illinois. 8. Contractors. 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. 9. Warranty of Title. That the 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. 10. Binding. That this Easement Agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 11. Recording. That this Easement Agreement shall be recorded by the City at the City's cost with the Cook County Recorder of Deeds. 12. Joint Preparati on. This Easement Agreement is and shall be deemed and construed to be the joint and collective work product of the Grantor and the City and, as such,this Easement Agreement shall not be construed against either party,as the otherwise purported drafter of same,by any court of competent jurisdiction in order to resolve any inconsistency,ambiguity, vagueness,or conflict, if any,in the terms or provisions contained herein. 13. Release of Easement. The City may terminate this instrument by recording areleasein recordable form with directions for delivery of same, whereupon all rights, duties, and liabilities 3 394267.2 hereby created shall cease and be of no further force or effect. In the event of discontinuance by the City of the use of the Easement Premises for the purposes granted herein and the failure of the City to reinstate such use within ten(10)years of the initial discontinuance thereof,the City shall terminate this instrument by recording a release in recordable form with directions for delivery of same, whereupon all rights,duties,and liabilities hereby created shall cease and be of no further force or effect For convenience, such instrument may run in favor of"the owner or owners and parties interested in the Grantees Parcel." 14. Expiration of Easement. This Agreement and the rights granted to the City hereunder shall expire automatica Ily in the event the construction of the water mains contemplated in Paragraph I of this Agreement has not been initiated within ten (10)years after the date hereof. 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 BOARD OF EDUCATION OF SCHOOL Municipal Corporation DISTRICT U-46,Kane, Cook and DuPage Counties,I1 inois By: �-- Mayor Schock � Attes .t�o�� Attest: Its: City Clerk Dia a Robertson Its: 4,",-* S 4 384267.2 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I,the undersigned,a Notary Public, in and for said County,in the State aforesaid,do hereby certify 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 herein set forth. 2110 Given under my hand an official seal,this 15th day of Dec. ,4:c;. Notary Public STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I,the undersiW,a Notary Public, in and for said County,in the State aforesaid,do hereby certify J'E.vR -,7/�✓f/CL ,President of the Board of Education of School District U-46, and f Yrom}, /r k ,Po/Ma. , Secretary of the Board of Education, 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 herein set forth. Given under my hand an official seal,this 077 66 day of L?p' 2008. 47L () idLiic/ rC/- Notary Public • _-_- OFFICIAL SEAL DEBRA A DORNBUSCH NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:090/11 5 384267.2 EXHIBIT A PLAT OF SURVEY/EASEMENT 6 384267.2 N N "r• N N o o b N 0 GRANT OF WATER MAIN EASEMENT 0,W m O TO THE CITY OF ELGIN, ILLINOIS N CO THAT PART OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN. ro DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF STATE ROUTE NUMBER 19 WITH THE CENTER LINE OF LOVELL ROAD; THENCE SOUTH 07 DECREES 20 MINUTES WEST ALONG SAID CENTER LINE, A DISTANCE OF 1023.36 FEET; THENCE NORTH 82 DEGREES 42 MINUTES 00 SECONDS WEST, A DISTANCE OF 33.00 FEET TO THE WEST LINE OF SHALES PARKWAY u v AND THE POINT OF BEGINNNING; THENCE NORTH 82 DEGREES 40 MINUTES 00 SECONDS WEST. A DISTANCE OF 118.97 FEET TO A o r1 POINT OF CURVETURE; THENCE ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVINIG A RADIUS OF 348.00 FEET, A CHORD BEARING OF NORTH 78 DEGREES 21 MINUTES 58 SECONDS WEST, AN ARC LENGTH OF 52.24 FEET ; THENCE NORTH 82 DEGREES 29 MINUTES 35 SECONDS WEST, A DISTANCE OF 115.57 FEET; THENCE SOUTH 7 DEGREES 26 MINUTES 01 SECONDS WEST, A DISTANCE OF 420.00 FEET; THENCE SOUTH 45 DECREES 13 MINUTES 42 SECONDS EAST, A DISTANCE 158.17 FEET; THENCE SOUTH 86 DEGREES 33 MINUTES 00 SECONDS EAST, A DISTANCE OF 30.29 FEET; THENCE NORTH 45 DEGREES 13 MINUTESO 42 SECONDS WEST, A DISTANCE OF 171.02 I" FEET; THENCE NORTH 7 DEGREES 26 MINUTES 01 SECONDS EAST, A DISTANCE OF 390.08 FEET; THENCE SOUTH 82 DEGREES 29 n c MINUTES 35 SECONDS EAST, A DISTANCE OF 266.62 FEET TO A POINT ON THE WEST LINE OF SHALES PARKWAY; THENCE NORTH =-.,x ALONG SAID WEST LINE, NORTH 7 DEGREES 20 MINUTES EAST, A DISTANCE OF 16.60 FEET TO THE POINT OF BEGINNING, CONTAINING ti 16,367 SQUARE FEET OR 1.64 ACRES, IN COOK COUNTY, ILLINOIS. r.• w • O ro co ro n WATER MAIN EASEMENT AREA 16,367 S.F. • 1.64 Ac. �EEp� MEA SLINE TABLE N , S 78• LINE LENGTH BEARING MEA 495 8VIM3 35„E w • 28 saSaYa+a oLD . 489.34• Ien .z /aNormool-� I CURVE TABLE CURVE LENGTH RADIUS S EV:o / CI 5224 Wife ;.10 w w • G ne..