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Home My WebLink About10-69 Recorded Resolution No. 10-69 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH FOREST PRESERVE DISTRICT OF KANE COUNTY FOR STORM SEWER AND SURFACE WATER LINE PURPOSES (Bent Street Sewer Separation 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 Forest Preserve District of Kane County for temporary easements to construct and permanent easements to maintain storm sewer and surface water lines for the property legally described on Exhibit C, 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: April 14, 2010 Adopted: April 14, 2010 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk 11 1111 1 11 ill 2010K038831 SANDY WEGMAN RECORDER - KANE COUNTY, IL State of Illinois ) County of Kane) RIMED: 6/17/2010 2:18 PM Cityof ElginREC FEE: 33.00 ) PAGES: 12 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. 10-69 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH FOREST PRESERVE DISTRICT OF KANE COUNTY FOR STORM SEWER AND SURFACE WATER LINE PURPOSES (Bent Street Sewer Separation Project) adopted by the Elgin City Council at its legally convened meeting held on April 14, 2010. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of El.in at the said City in the County and State aforesaid this May 3, 2010. .K.:( OFE<c.. "yam" i -3 •12 t v ., . . Diane Roberts n, City Clerk 'L. v n r` . 1111i `', .3 �� This I 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 f EASEMENT AGREEMENT FOREST PRESERVE DISTRICT OF KANE COUNTY-CITY OF ELGIN (Bent Street Sewer Separation Project) THIS AGREEMENT made and entered into this 15" day of ,e(tf J , 2010, by and between FOREST PRESERVE DISTRICT OF KANE COUNTY, an Illinois forest preserve district ("GRANTOR"), and the CITY OF ELGIN, an Illinois municipality("GRANTEE"). WITNESSETH: WHEREAS, GRANTOR is the owner in fee simple of the real estate commonly referred to as the Fox River Trail, said property having the Permanent Index Number 06-24-126-006, the relevant portion of which has been depicted on Exhibit A and Exhibit B and legally described on Exhibit C, which are attached hereto and made a part hereof; and, WHEREAS, the GRANTEE desires to receive from GRANTOR temporary easements to construct and permanent easements to maintain storm sewer and surface water lines beneath the surface of the Fox River Trail, as shown on Exhibit A and Exhibit B hereto as the areas designated "Temporary Construction Easement" and the "Drainage Easement," to provide a means of repairing and maintaining storm sewer and surface water lines by GRANTEE on adjacent real estate which currently exists; and, WHEREAS, the GRANTOR has agreed to grant unto the GRANTEE the Temporary Construction Easements for the construction of the improvements, together with the permanent Drainage Easements for the repair, maintenance and use of the storm sewer and surface water line improvements, along with reasonable future access to and across the Fox River Trail and adjacent area owned by the GRANTOR for such uses and purposes; and, WHEREAS, the parties understand that the construction of such lines shall be undertaken by trenching into the surface of the Fox River Trail, but that an additional temporary construction and access easement (the "Access Easement") is to be granted herein to enable GRANTEE access upon the Fox River Trail to complete the installation and any subsequent maintenance. NOW, THEREFORE, it is mutually agreed as follows: 1. GRANTOR does hereby grant and convey to GRANTEE, its successors and assigns, upon the terms and conditions set forth in this Agreement, the Temporary Construction Easements and permanent Drainage Easements in the areas depicted for same on Exhibit A and Exhibit B and as legally described on Exhibit C for the purpose of constructing, installing, repairing, maintaining and using the storm sewer and surface water lines and the continued maintenance of the storm sewer and surface water lines during the term hereof together with a permanent, non-exclusive Access Easement to and across the Fox River Trail and immediately adjacent area owned by the GRANTOR for such uses and purposes. The parties further understand and agree that the construction, installation, and maintenance of such lines shall be undertaken by trenching across the Fox River Trail. 2. The terms of the foregoing Temporary Construction Easements shall commence upon the final execution hereof by the last party signing this Agreement and shall expire upon the completion of the foregoing improvements or the date eighteen months from the date of execution hereof whichever shall first occur. The duration of the Drainage Easements and Access Easement shall be perpetual, unless abandoned by GRANTEE hereafter. 3. All improvements within the said Drainage Easements installed by GRANTEE for its uses and purposes as aforesaid shall be constructed and maintained by and at the sole expense of GRANTEE in accordance with the plans, profiles and specifications prepared by GRANTEE which have been submitted to and approved by the GRANTOR. 4. The easements shall be subject to the following additional terms and conditions: (a) The GRANTEE agrees to indemnify and save harmless the GRANTOR from any loss, damage or expense in the nature of a legal liability which the GRANTOR may suffer, incur or sustain or for which the GRANTOR may become legally liable arising or growing out of any injury or damage to persons, or to real or personal property, caused by any negligence of the GRANTEE, or its contractors, subcontractors, agent or representatives, or any of them, in the prosecution of the work performed under this grant, or by any negligence of the last aforesaid parties, or any of them, in the maintenance and operation of said storm sewers; (b) GRANTOR shall be named as an additional insured on any liability insurance policy issued on behalf of any contractor retained by GRANTEE to install any improvement within the easement area; • (c) GRANTEE agrees that after construction, GRANTEE agrees to restore the construction site to its original condition, if disturbed by such installation or related activities of GRANTEE or its employees or agents; (d) During construction, if any surface areas are excavated or otherwise disturbed for a period of time beyond the end of a workday during installation, GRANTEE shall install a fence and/or cover any excavation or opening with a protective cover at times when construction personnel are not present at the site; (e) GRANTEE shall restore sod, plant material or other improvements damaged in the course of installing or constructing the improvements; (f) GRANTEE shall otherwise return the GRANTOR's property to its condition prior to the installation or construction of GRANTEE'S proposed improvements; (g) GRANTEE and its contractors will be responsible for safety measures to protect the public and the GRANTOR; (h) GRANTEE represents that prior to construction all permits, licenses, authorizations and approvals required by all federal, state or local governmental agencies having jurisdiction over the work will be obtained; (i) GRANTOR will be notified at least forty-eight (48) hours before scheduled construction or maintenance is to commence and GRANTEE agrees to take such reasonable steps necessary to ensure uninterrupted use of the Fox River Trail during the installation and construction of GRANTEE'S proposed improvements. 5. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. GRANTOR: FORES ' ' RVE DISTRICT OF KANE COUNTY kik a BY: L\11111Pi: Presi• - W ATTES 3.314+' ''Secretary GRANTEE: CITY OF ELGIN BY: - -4.„tf `- Its Mayor *aw' ATTEST: L City Cler • STATE OF ILLINOIS ) ) : 'SS. COUNTY OF KANE ) I,/2,r,,„, / - //, `> , a Notary Public in and for said County in the State aforesaid, DO HEREBY CERTIFY hat John Hoscheit, personally known to me to be the President of the FOREST PRESERVEITRICT OF KANE COUNTY, and Rvlg'm 1- vrvl-n. , personally known to me to be the ecretary of said Board of Trustees, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument as President and Secretary, respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said DISTRICT, for the uses and purposes therein set forth; and the said Secretary then and there acknowledged that he/she, as custodian of the corporate seal of said DISTRICT,did affix the corporate seal of said DISTRICT to said instrument as his/her free and voluntary act and as the free and voluntary act of said DISTRICT for the uses and purposes therein set forth. Given under my hand and seal this � day of ,� , 2010. LL.. / --- i 7 Notary Public OFFICIAL SEAL°�� PATRICIA L.HESTEKIN Notary Public,State of Illinois ; my Commission Expires 04;'08/11 i • STATE OF ILLINOIS ) : ss. COUNTY OF KANE ) I,(-3W94A)...• r-oVSN.4 a Notary Public in and for said County in the State aforesaid, DO HEREBY CERTIFY that Ed Schock, personally known to me to be the Mayor of the City of Elgin, and Diane Robertson, personally known to me to be the City Clerk thereof; and personally known to me to be the same persons whose names are subscribed to the foregoing instrument as Mayor and City Clerk, respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of the City of Elgin, for the uses and purposes therein set forth; and the said City Clerk then and there acknowledged that she, as custodian of the corporate seal of the City of Elgin, did affix the corporate seal of the City of Elgin to said instrument as her free and voluntary act and as the free and voluntary act of the City of Elgin for the uses and purposes therein set forth. Given under my hand and seal this Ak`k day of c•c\ ,, , 2010. c(11) Notary Public "OFFICIAL SEAL" BARBARA E. FURMAN Notary Public,State of Illinois My Commission Expires 08/06/2011 H i r-----.J i 1 I GRAPHIC SCALL i --; 0' 20' 40' Mr-rt----1 I I ; I rLy 1 1 j r_:1 I r 1 I ( ? UNION PACIFIC RAILROAD II RIGHT-OF-WAY I • PARCEL 06-24-326-006 il EAST BANK OF ' PARCEL I (FORMERLY CHICAGO AND 1 rJ THE FOX RIVER 106-24-326-005' ' ;, NORTHWESTERN RAILROAD) _,) WI BLOCK I > I,' PARCEL 06-24-126-006• ; (� LOT 10 f'— 1 PROJECTED./DIN1LtlL-ST.REET R.O.W. .----- I--------i • � I it \,XMPdRARY / /' CONSTRUCTION i I I '' // EASEMENT //1 in // z/. / ,c _DW_IG_HT_; ' -r\ J PRO ECTED P} DWIGHT STREET - it 72,.�\yy\,\ \ ..,\, — - STREET \�, ' D' AINAGt EASEMEN�\ • InI I ,\ \\\\,\\`‘\\\\\\4 ' ' 1--I 20" r //'//, IPROJECTEDIDWICHT STREET.R.O.W__. )' TEMPORARY I I I r'` CONSTRUCTION , EASEMENT , I . / I -1 BLOCK III .-:JY LOT 1 . I LL, I I I I I • EXHIBIT A EASEMENT - PARCEL 06-24-126-006 TRACT 1 VJ'N 'v'.>./E RHMG REZEK,HENRY,MEISENHEIMER,and GENDE,INC. I..,. 20623000-F51AT.OGN • CM\1 I t-H -_ . ._ 1 .-)\}( CONSULTING ENGINEERS ATS MAY 19, 2006' �1y� y .t../�•-j : 975 CAMPUS DRIVE 535 TOLLWAY RD.SUITE F L'S' t V!`.-:12' MUNDELEIN,6LINOOS 60060 ELGIN,ILLINOIS 60123 1 JANUARY 14, 2010 i www.rhmg.com ; I Infogrhmg.com 648362-5969 547.742-5969 � . -di- GRAPHIC SCALE 3' 20' 40' ,.i, • '' \ LOT 8 S,'\ c PARCEL 06-24-126-006 I'4t' '''s • \ PROJECTED --�, `\ . \LESSENDEN PLACE R.O.W. A -CONSTRUCT ION, M LESSENDEN PLACE EASEMENT i M ''' .,,,:,://: ' ' le 4,4,,,\ \ ,vs.....f,..,N. . i L 1\:\ 0.Noic ��• 9a�'`` LOT 9 , . ' \,‘ ,<S'''.. \ EXHIBIT B EASEMENT - PARCEL 06-24-126-006 TRACT 2 • REZEK,HENRY,MEISENHEIWIER,and GENDE,INC. DR" +,_�: _ C_ v RIIMG r <0623 00 ESMT. 'GN -_� CONSULTING ENGINEERS c,^"` MAY 19, 2C06 -`Ca •• ' 162 E.COOK AVENUE 818 TOLLWAY RD.sum. ILA 7 7 PF V,Sr SAAY 31, 2306 www.rhmg.com LIGERTYVILIE,ILLINOIS 60048 ELGIN,ILLINOIS 80177 i Info@rhmg.com 847-342.4869 847-7424869 LEGAL DESCRIPTION DRAINAGE EASEMENT PARCEL 06-24-126-1)06 THESE PARTS OF PARCEL 06-24-126-006 AS CONVEYED BY QUIT CLAIM DEED IN DOCUMENT NUMBER 1879636, LOCATED IN THE WEST HALF OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 8 EAST IN KANE COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: TRACT 1 COMMENCING AT THE INTERSECTION OF THE PROJECTED CENTERLINE OF DWIGHT STREET WITH THE EAST LINE OF PARCEL 06-24-126-006 (ALSO BEING THE WEST LINE OF PARCEL 06-24-326-005),THENCE SOUTHERLY ALONG SAID EAST LINE OF PARCEL 06-24-126-006 FOR A DISTANCE OF 25 FEET, THENCE WESTERLY ON A COURSE PARALLEL TO THE PROJECTED CENTERLINE OF DWIGHT STREET TO THE EAST BANK OF THE FOX RIVER, THENCE ALONG THE PREVIOUS COURSE FOR A DISTANCE OF 20 FEET, THENCE NORTHERLY ALONG A COURSE PARALLEL TO THE EAST BANK OF THE FOX RIVER 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 FEE'E' NORTH OF THE PROJECTED CENTERLINE OF DWIGHT STREET'TO IT'S INTERSECTION WITH THE AFORESAID EAST LINE OF PARCEI. 06-24-126-006. THENCE SOUTHERLY ALONG SAID EAST LINE TO THE POINT OF BEGINNING, SITUATED IN THE CITY OF ELGIN,KANE COUNTY, ILLINOIS. (Revised: Jan. 14,2010) TRACT 2 COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF LESSENDEN PLACE WITH THE EASTERN LINE OF PARCEL 06-24-126-006,THENCE SOUTHWESTERLY AT AN ANGLE DEFLECTING 330 TO THE LEFT FROM THE PROJECTED SOUTH LINE OF LESSENDEN PLACE TO THE EAST BANK OF THE FOX RIVER,THENCE ALONG TIIE PREVIOUS COURSE FOR A DISTANCE OF 20 FEET, THENCE NORTHEASTERLY AT AN ANGLE DEFLECTING 90 DEGREES TO THE RIGHT FOR A DISTANCE OF 40 FEET,THENCE NORTIIEASTERLY ALONG A LINE DEFLECTING 90 DEGREES TO THE RIGHT TO IT'S INTERSECTION WITH THE PROJECTED NORTH LINE OF LESSENDEN PLACE,THENCE EASTERLY ALONG THE PROJECTED NORTH LINE OF LESSENDEN PLACE TO IT'S INTERSECTION WITH TIIE EAST LINE OF PARCEL 06-24-126-006, THENCE SOUTHEASTERLY ALONG SAID EAST LINE OF PARCEL 06-24-126-006 TO THE POINT OF BEGINNING, SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. Exhibit C OF B�Ci ' Cityof Elgin Agenda Item No. March 25,2010 .a1 TO: Mayor and Members of the City Council FROM: Sean R. Stegall, City Manager A1-4941 1e-' Kyla Jacobsen, Water System Superintendant SUBJECT: Easement Agreements with Forest Preserve District of Kane County for Bent Street Combined Sewer Separation Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider execution of Agreements with Forest Preserve District of Kane County to grant the City of Elgin temporary easement to construct and permanent easements to maintain storm sewer and surface water lines beneath the surface of the Fox River Trail, for Bent Street Combined Sewer Separation Project. RECOMMENDATION It is recommended that the City Council approve an easement agreement with the Forest Preserve District of Kane County and authorize the City Manager to execute the agreement at a cost of$85 to record the easements. BACKGROUND The Combined Sewer Separation — Bent Street Project requires installation storm sewer in two portions of Forest Preserve District of Kane County property. The Easement Agreement provides that the grantor, Forest Preserve District of Kane County, will grant to the City of Elgin a temporary construction easement, and permanent drainage easement in the areas depicted on Exhibit A and B for the purposed of constructing, installation, maintaining and using the sewer and surface waste water lines and the continued maintenance of the sewer and waste water lines, together with permanent, non-exclusive Access Easement to and across the Fox River Trail and immediately adjacent area owned by the District for such uses and purposes. The term of the Temporary Construction Easement shall commence upon the last party signing the agreement and shall expire upon completion of the improvements or the date 18 months from the date of execution of the agreement, whichever shall occur first. The duration of Drainage Easement and Access Easement shall be perpetual, unless abandoned by the City of Elgin. Easement Agreement with Forest Preserve District of Kane County for Bent Street Combined Sewer Separation Project March 25, 2010 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. 91A___E INANCIAL IMPACT The City cost to record the document will total $85. There are sufficient funds budgeted ($400,785) and available ($130,499) in the sewer portion of the 2007 General Obligation Bond Fund, account number 367-4200-795.92-41, project number 339059-CSS Bent Street to cover the cost of recording. wiliEGAL IMPACT None. ALTERNATIVES 1. The City Council may choose to approve the easement and authorize the expenditure as recommended. 2. The City Council may choose not to approve the easement and authorize the expenditure as recommended. Respectfully submitted for Council consideration KBJ/PLB Attachment 1 rik 4111106, I , r r-------J I 1 GRAPHIC SCALE ' 0' 20' 40' I , , I , , 1 1 O • 1 U=3 1d 1 IQ , I I , a , I I 1 � +1 UNION PACIFIC RAILROAD , RIGHT-OF-WAY J i PARCEL 06-24-326-006 ' • M 1 THE FOXOAST ANK OF RIVER I06-24 PARCEL j (FORMERLY CHICAGO AND I Of +,y NORTHWESTERN RAILROAD) , �' (• I I BLOCK I I PARCEL 06-24-126-006; ' ' Q LOT 10 1r _ : pROJECIEDiatLGH.T STREET,R•O W•_ ._ 1________--__— X I EI4)6ARY CONSTRUCT IO + ' EASEMENT in I �_ , NISSi 1 __PROECTED g DWIGHT STREET_ DWIGHT �' ' STREET EASEMEN in J\IDAlNAG 1 Psi► T � I —'-1 20' �' Ar'_ //�. I PROJECTED/DWIGHT STREET R.O.W.• i __________ _I ii; CO STTERUCTRY ION , I• ,• I EASEMENT ' ,' , 0 �'1 I 1 I Q BLOCKK III X1 I I • O • i O o ' � IL I , 1 r EXHIBIT A EASEMENT - PARCEL 06-24-126-006 TRACT 1 j� �t RII G REZEK,HENRY,MEISENHEIMER,and GENRE,INC. DRAWING N/AlE 20623000-ESMT.OGN CONSULTING ENGINEERS DAZE: MAY 19, 2006 "O� ti/ 976 CAMPUS DRIVE 636 TOLLWAY RA.SUITE F LAST REVISED www.rhmg.com MUNDELEIN,ILLINOIS 60060 ELGIN,ILLINOIS 60123 JANUARY 14, 2010 Infotrhmg.com 847-362-5959 847.742-5959 ` - . C' : I ! - ..4411hhh, I• • • i GRAPHIC SCALE 0' 20' 40' \ f:i..., i 0 • 0 It.. o LOT 8 0 \ \ cgs PARCEL 06-24-126-006 \ vU„n • PROJECTED `, ,• oko\ . ,, PLACE R.O.W. - -------___- ------------- 9.1TE ORA-Y OF' - NSTRUCTION `. EASEMENT ; LESSENDEN PLACE Al N\'. O¢PSF'v ` v 11, \ .1j'o. 90 ` ` Q ��` LOT 9 0�> ei,‘4 \,‘• \ EXHIBIT B EASEMENT - PARCEL 06-24-126-006 TRACT 2 I RIEVIG REZEK,HENRY,MEISENHEIMER,and GENDE,INC. DRAWING NAME: 20623000 ESMT.DGN CONSULTING ENGINEERS DATE: MAY 19, 2006 It**r.� 162 E.COOK AVENUE 6367OU.WAYRD.SUITEf /LAST REVISED, MAY 31, 2006 www.rhmg.com UBERTYVILLE,IL JNOSS 60048 ELGIN,ILLINOIS$0123 Info@rhmg.com I 647.3626969 847-742.6969 I 1