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HomeMy WebLinkAbout10-66 Recorded Resolution No. 10-66 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH FOX RIVER WATER RECLAMATION DISTRICT (FRWRD) FOR STORM AND/OR SANITARY SEWER LINE PURPOSES (Combined Sewer Separation-Bent Street Project) 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 with Fox River Water Reclamation District (FRWRD) for a temporary easement for storm and/or sanitary sewer line purposes as part of the Combined Sewer Separation-Bent Street Project 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 31, 2010 Adopted: March 31, 2010 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk 11 1111 1 1 111 2010R038830 SANDY WEGMAN State of Illinois ) RECORDER - KANE COUNTY, IL County of Kane) RECORDED: 6/17/2010 2:18 PM City of Elgin ) REC FEE: 31.00 PAGES: 10 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. 10-66 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH FOX RIVER WATER RECLAMATION DISTRICT (FRWRD) FOR STORM AND/OR SANITARY SEWER LINE PURPOSES (Combined Sewer Separation-Bent Street Project) adopted by the Elgin City Council at its legally convened meeting held on March 31, 2010. 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 May 25, 2010. Q• `(,i o ° Diane Robertso , City Clerk ent 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 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 THIS EASEMENT AGREEMENT made and entered into this 3\st" day of , 2010, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City"), and the Fox River Water Reclamation District, an Illinois municipal corporation (hereinafter referred to as the "Grantor"). WITNESSETH WHEREAS,Grantor owns the real property depicted on Exhibit A,attached hereto and made a part hereof,said property having the Permanent Index Number 06-24-326-005(hereinafter referred to as the "Subject Property"); and, WHEREAS,the City desires to obtain a permanent easement from Grantor for the purposes of constructing, maintaining, operating and repairing a storm sewer line, a sanitary sewer line, or both, over those portions of the Subject Property depicted by the area designated "Drainage Easement"on the attached Exhibit A,and legally described on Exhibit B,attached hereto and made a part hereof(hereinafter referred to as the "Easement Premises"); and, WHEREAS, the City further desires to obtain a temporary construction easement from Grantor for the purposes of constructing said sewer lines over that portion of the Subject Property depicted by the areas designated "Temporary Construction Easement" on the attached Exhibit A (hereinafter referred to as the "Temporary Construction Easement Premises"); and, WHEREAS, Grantor has agreed to grant such easements to the City for such purposes 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 of Elgin, an Illinois municipal corporation, a permanent, non-exclusive easement for the construction, installation, maintenance, operation and repair of a storm sewer line, a sanitary sewer line, or both, along with any appurtenances or facilities related thereto, within, over, under, along, across and through the Easement Premises. 2. That Grantor does hereby further grant to the City a temporary construction easement within, over, under, along, across and through the Temporary Construction Easement Premises for the purpose of constructing, installing, maintaining, operating and repairing said sewer lines under and through the above-described Easement Premises. The temporary construction easement hereby granted shall be deemed terminated after the thirty-six (36) month period following the commencement of construction within the Easement Premises. 3. That following the exercise by the City of any easement rights granted herein,the City shall promptly repair and restore the Easement Premises or the Temporary Construction Easement Premises to the same condition as existed immediately prior to the existence of such rights as is reasonably practicable, shall restore the Easement Premises and the Temporary Construction Easement Premises to their pre-existing grade, shall seed the Easement Premises and Temporary Construction Easement Premises, and shall leave the Easement Premises and the 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,defend 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 and the Temporary Construction Easement Premises during construction or during any subsequent maintenance or repair thereof. The City further agrees to indemnify, defend and hold harmless - 2 - Grantor from any and all liens placed against the Easement Premises or the Temporary Construction Easement Premises arising from said construction activities. 5. That the Grantor and their successors shall not construct any structures or buildings on the Easement Premises nor undertake any other activities on the Easement Premises which unreasonably interfere with the City's sewer line as installed pursuant to this Easement Agreement, without the prior written consent of the City, which consent shall not be unreasonably withheld or denied. 6. The parties further agree to the following provisions pertaining to the easement rights granted herein: A. The Grantor has a large important existing sanitary sewer force main(Force Main)which runs through the Easement Premises. The City sewer line shall be constructed in such a manner as to not interfere or damage the Grantor's existing Force Main. The City's sewer line shall be constructed according to plans and specifications, including construction methods to be employed by the contractor designed to safe guard the integrity of the Force Main, which have been reviewed by and for which a written consent to proceed has been issued by the Grantor's District Engineer and the plans and specifications, including construction methods, shall not be modified without prior written consent to proceed by the District Engineer. Nothing in this paragraph shall suggest or imply that the Grantor's review of plans or specifications or proposed construction methods or Grantor's consent to proceed, shall in any way impose any liability on the Grantor or limit the liability of the City or its contractors arising from damage to the Force Main and the consequential damages resulting there from. The Grantor's existing Force Main is approximately three(3)feet from the surface within the Easement Premises and therefore,notwithstanding anything in this Easement Agreement to the contrary,motor vehicles or construction equipment of similar size and weight,are not permitted to travel upon,over or across the surface of the Easement Premises within - 3 - any area that could cause an effect on the Force Main, provided, however, that the City may utilize light weight construction equipment within the Easement Premises, in accordance with the plans and specifications. B. The Grantor reserves the right to(1)install other sanitary sewer lines and appurtenances, including buildings in, on, over, and through, the Easement Premises, and (2) install other utility lines, provided that Grantor's use does not substantially interfere with or damage the City's sewer line. C. In exercising the right of the construction,repair,maintenance or operation(Repairs)of the City's sewer line on the Easement Premises, City shall provide written notice to Grantor of the time,extent,duration and location of the Repairs not less than thirty(30) days prior to the time the City intends to commence the Repairs. No such Repairs shall commence without the District Engineer's prior written approval. D. The Grantor shall be given access to the Easement Premises at all times during the City's construction or Repairs if required by Grantor to access Grantor's Force Main for emergency repairs or other urgent need. 7. That no amendment,revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 8. 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 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. 9. That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 10. That the City may utilize the services of third party contractors, employees or other agents to perform work in either the Easement Premises or the Temporary Construction Easement Premises. - 4 - 11. That the Grantor hereby represents and warrants to the City that it is the fee simple title holder of the Easement Premises and the 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. 12. That this Easement Agreement shall be binding on the parties hereto. their successors and permitted assigns and shall run with the land. 13. That this Easement 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 FOX RIVER WATER RECLAMATION municipal corporation DISTRICT, an Illinois municipal corporation By _ 044,4wall4210Z_ ":2/1"z:>7-; -z � Mayor B ce R. Corn, President Attest: City Clerk James Tucker, Clerk-Treasurer - 5 - • 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. Given under my hand an official seal,this%"'\ day of `t; ,29'010. otary Pub-ic STATE OF ILLINOIS ) "OFFICIAL SEAL" BARBARA E. FURMAN ) SS. ! Notary Public,State of Illinois COUNTY OF K A N E ) > My Commission Expires 08/06/2011 I,the undersigned,a Notary Public, in and for said County,in the State aforesaid,do hereby certify that Bruce C. Corn,President and James Tucker,Clerk-Treasurer,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. rh Given under my hand an official seal,this 2 J5 day of go , ,.,;,,_ ,20010. i 9viAlL))1 iii&A) N ary Public OFFICIAL BEAT JuoE M IIVLLER NOTARY PIALXC-STATE OF ILLINOIS MY COMMON EIPMIRSM4113 - 6 - Allth- I ! l I I , , , GRAPHIC SCALE ' I I 0' 20' 40' I s , -�� , 1 I I O I , o , , I g I , ' C) , I IQ I , ' UNION PACIFIC RAILROAD ' I RIGHT-OF-WAY I I PARCEL 06-24-326-006 f: g 106-24-326-005! (FORMERLY CHICAGO AND ' ff , NORTHWESTERN RAILROAD) , PARCEL 06-24-126-0061 I I Q BLOCK I ' a LOT 10 _ __ 1 P JECTED DWIGHT STREET R. .W. '__—__—_ i TEMPORARY i mer i CONSTRUCTION I d EASEMENT in .t 1 PROJECTED DWIGHT STREET ' DWIGHT , DRAINA E X EASEMENT � STREET TEMPORARY I 0 CONSTRUCTION U. I' EASEMENT I PROJECTED DWIGHT STREET R.O.W./ __ __ �i I I I I I I , IG II i I BLOCK 0T 111 I I t O I ` ' , I I • I I i 4. EXHIBIT A EASEMENT - PARCEL 06-24-326-005 1`/1 �(G REZEK,HENRY,MEISENHEIMER,and GENDE,INC. DRAWING NAME 20623000-ESMT.DGN CONSULTING ENGINEERS DATE MAY 19, 2006,t 162 E.COOK AVENUE 535 TOLLWAY RD.SUITE F LAST REVISED www.rhmg.com LIBERTYVILLE,ILUNOIS 60048 ELGIN,ILUNOIS 60123 Info@rhmg.com 847.362.5969 847.742.5969 LEGAL DESCRIPTION DRAINAGE EASEMENT PARCEL 06-24-326-005 THAT PART OF PARCEL 06-24-326-005, LOCATED IN THE WEST HALF OF SECTION 24,TOWNSHIP 41 NORTH,RANGE 8 EAST IN KANE COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE PROJECTED CENTERLINE OF DWIGHT STREET WITH THE WEST LINE OF THE UNION PACIFIC RAILROAD (FORMERLY CHICAGO AND NORTHWESTERN RAILROAD)RIGHT-OF-WAY (ALSO BEING THE EAST LINE OF PARCEL 06-24-326-005),THENCE SOUTHERLY ALONG SAID WEST LINE OF UNION PACIFIC FOR A DISTANCE OF 15 FEET, THENCE WESTERLY ON A COURSE PARALLEL TO THE PROJECTED CENTERLINE OF DWIGHT STREET TO THE EAST LINE OF PARCEL 06-24-126-006 (ALSO BEING THE WEST LINE OF PARCEL 06-24-326- 005),THENCE NORTHERLY ALONG SAID EAST LINE OF PARCEL 06-24-126- 006 TO IT'S INTERSECTION WITH A LINE PARALLEL TO AND FIVE FEET NORTH OF THE PROJECTED CENTERLINE OF DWIGHT STREET,THENCE EASTERLY ALONG SAID LINE PARALLEL TO AND FIVE FEET NORTH OF THE PROJECTED CENTERLINE OF DWIGHT STREET TO IT'S INTERSECTION WITH THE AFORESAID WEST LINE OF THE UNION PACIFIC RIGHT-OF-WAY, THENCE SOUTHERLY ALONG SAID WEST LINE TO THE POINT OF BEGINNING, SITUATED IN THE CITY OF ELGIN,KANE COUNTY, ILLINOIS.