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Home My WebLink About20-21 Recorded 2020K011057 SANDY WEGMAN RECORDER — KANE COUNTY, IL RECORDED: 3/3/2020 10:48 AM REC FEE: 52.00 PAGES: 9 State of Illinois) County of Kane) ss City of Elgin ) CERTIFICATE OF CITY CLERK • I,Kimberly Dewis, 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. 20-21 AUTHORIZING EXECUTION OF A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH MARIA E. SOTO FOR THE PURPOSES OF REPLACING AND RESTORING AN EXISTING STORM SEWER (382 N. Crystal Avenue) passed by the Elgin City Council at its legally convened meeting held on February 26, 2020. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elvin at the said City in the County and State aforesaid this February 27, 2020. • 1 •�iveS VVae,-( hea-64 Ci le o it, This instrument prepared by: Return to: William A. Cogley Kimberly Dewis Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 State of Illinois) County of Kane) ss City of Elgin ) CERTIFICATE OF CITY CLERK I, Kimberly Dewis, 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. 20-21 AUTHORIZING EXECUTION OF A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH MARIA E. SOTO FOR THE PURPOSES OF REPLACING AND RESTORING AN EXISTING STORM SEWER (382 N. Crystal Avenue) passed by the Elgin City Council at its legally convened meeting held on February 26, 2020. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of EI_in at the said City in the County and State aforesaid this February 27, 2020. :isµ`. r= "7'': he-G66-4 z ' t. ��`.r.• Cit Jerk This instrument prepared by: Return to: William A. Cogley Kimberly Dewis Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 Resolution No. 20-21 RESOLUTION AUTHORIZING EXECUTION OF A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH MARIA E. SOTO FOR THE PURPOSES OF REPLACING AND RESTORING AN EXISTING STORM SEWER (382 N. Crystal Avenue) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a temporary construction easement agreement with Maria E. Soto for the purposes of replacing and restoring an existing storm sewer, for the property legally described in the temporary construction easement agreement, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the temporary construction easement agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/David J. Kaptain David J. Kaptain, Mayor Presented: February 26, 2020 • Adopted: February 26, 2020 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, 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 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT made and entered into this 26 day of February ,2020 by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the "City"), and Maria E. Soto, a resident of the State of Illinois(hereinafter referred to as the "Owner"). WITNESSETH WHEREAS, the Owner owns the real property depicted on plat of easement prepared by Vanderstappen Land Surveying, Inc., dated October 8, 2018, attached hereto as Exhibit A and incorporated herein by this reference, commonly known as 382 N. Crystal Avenue, Elgin, Illinois, and having Permanent Index Number 06-14-130-021 (hereinafter referred to as the "Subject Property"); and, WHEREAS, the City desires to obtain a temporary construction easement from the Owner for the purposes of replacing and restoring an existing storm sewer located on and servicing the Subject Property, the temporary construction easement area being depicted and legally described on the above-referenced Exhibit A (hereinafter referred to as the "Temporary Construction Easement Premises"); and, WHEREAS, the Owner has agreed to grant such temporary construction easement to the City for such purposes and pursuant to the terms and conditions of this Temporary Construction Easement Agreement. - 1 - NOW, THEREFORE, for and in consideration of Three Hundred Dollars ($300.00) in hand paid to Owners, 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 does hereby grant to the City a temporary construction easement allowing access over, within, under, along, across and through, and use of the Temporary Construction Easement Premises for the purpose of constructing, installing, reconstructing, replacing, inspecting, maintaining, repairing, or renewing the storm sewer located on the Subject Property, together with the right of reasonable and necessary ingress and egress to and from the Temporary Construction Easement Premises with such personnel and equipment as may be deemed reasonably necessary in connection with the exercise of the rights granted herein. 2. The temporary construction easement hereby granted shall begin upon the date of the commencement of construction activities on the Temporary Construction Easement Premises, and shall be deemed terminated after the three (3) year period following the commencement of construction activities on the Temporary Construction Easement Premises. 3. That Owner shall have and retain all rights to use and occupy the Subject Property except as otherwise herein expressly granted; provided, however, that Owner's use and occupation of the Temporary Construction Easement Premises may not interfere with the City's use of the Temporary Construction Easement Premises for the purposes herein described. 4. That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the 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 Temporary Construction Easement Premises and surrounding premises free from debris. - 2 - 5. 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 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 Subject Property arising from said construction activities. 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 Temporary Construction 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. 8. That this Temporary Construction Easement Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. This agreement may be signed in counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one instrument. 9. That the City may utilize the services of third party contractors, employees or other agents to perform work on the 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 Subject Property 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. - 3 - 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 does not and in no event shall be construed to constitute any waiver or limitation of any existing easement rights that the City has in the Subject Property. 13. That this agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 14. That this agreement shall be recorded by the City at the City's cost with the Kane County Recorder. SIGNATURE PAGE FOLLOWS • - 4 - • IN WITNESS WHEREOF, the parties have entered into and executed this Temporary Construction Easement Agreement on the date and year first written above. CITY OF ELGIN: MARIA E. SOTO • . yI By: . � :_ _%� By: _ / � f4/ :I, _411 " 949 City Manager Maria E. Soto Attest:at aell 61a/A City Clerk STATE OF ,g ) ) SS. COUNTY OF i ,,,...e ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Maria E. Soto, personally known to me to be same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that she signed and delivered said instrument as her free and voluntary act for the uses and purposes therein set forth. /J Given under my hand an official seal, this 9 day of •• , 2019. 7:7 -17 ..�.e.e,..�v.aW.rv-...,ov r. Not Pu lic r FFICIAL SEAL" TOR GUERRERO Public-State of Illinois sion Expires October 19,2022 - 5 _ EXHIBIT A Plat of Easement, prepared by Vanderstappen Land Surveying, Inc., dated October 8, 2018.. - 6 - r"y Vanderstappen PLAT OF EASEMENT Land Surveying,Inc. V A Temmpaay. oo oftkn Easement moss port of Lot 2 h Fred 14,T OanHda SARdetrc A•1 "dNi ' , being emdiw11* pert of the Norm.et acme of seas, Tees*41 MOM 11q• ,ph.1175-337431.0 tam.134374314 8 Fol a the IDrd 372cpa teeridac according to the plat thereof recorded Apr•13,1918 .e..”wnNm me re,e.m3.<• as Domnent Na 157725, deserted as fellows Beginning at the Southeast comer of said Lot 2 thence South 71 1 d.dedesertedgree,52 M1ut=55 sonde(Wet donq the South One thereof,89.23 feet thence North 18 dews.07 thirst=05.ede mnWert 18.00 feet these Moth 71 epee 52 minute 55 emends East 35.29 feet there Nath 55 derma 19 athletes 17 reasie East 17.08 fat thence North 71 degrees 52 al5nta 55 eco d.East 29.78 feet to the East One of add Lot 2 theme Seth 38 degrees 55 Meme.13 rands East dmq ad Earl the,21.39 M to the Race of Begssdrq h Kae Canty Moth \\ \\ e • 01071 �eQ \ \ .:fes' ""3 y``^``r. \ N5119YTE 17 • f129/ 1DP0tMT Cp41ttlICOW -`/.i,Ui),cv / //F `\ LOT 2 EASEMENT TEREBr(FAMED /' I.i N/�� / \ % D9•M"�\/ �S /• / \ \ NItIM05'W 10. 0 ___,...•,----":'-"T ' 9` • \ /�//;,‘ " —" FZ / �m9„K ma>:.o tad _ • *l \ / / vee.¢ m \ 3.d,_Vers \ a \ LOT 3 sm • LEGEND O BUSH • CATCH BASIN • 02.1.14 CUT MI 49.0 MET • 00.1 AFT O FRE NYpUOT U FA0O C005S • FA00 Rpt BA0 O FOUND RN FIFE • SNNTART MANHOLE • SIMI eNN10.L O 1REE STATE 0?UADf015 ) 8.8. 'o' 111507 POE COUNTY OF Yclffi01Y) • VALVE VALI1 e 601ER SNOT-CWT I hereby Ante that n have platted the orenles above described.and that the plat harem la•true representation CLOW:81.1106&POMMEL/ of the said deacriptlon. MON BY:APC C ncsED BY:TM This la not a Boundary Sarsey SCAM t'-20' SEC 11 7.,.51.5.1 E, Dated at Woodstock.McHenryCour Meads to to • RIMS 0Y EE/BAIC:ASSWED aF a M a' b, -/a AJ)�>9— P.nr.OB-11-130-010.011 Y•ndaslap➢m lend S»nm7iW. 70B NO.:170093-A Lit 21.8._ sou:m'-7>r bac- Design 17rm Na 10{-002'182 Y®D8051 COY?.. BL_PC._ NL 000 MINN O NO azar Surveyor No.2709 Hee•eaa m¢®mer. Illinois Professional lend twWflOS 9mFLw Vsa3-.ww a.....ogeyr 031r