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HomeMy WebLinkAbout21-50 Recorded State of Illinois) County of Kane) ss City of Elgin ) CERTIFICATE OF CITY CLERK 1, 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. 21-50 AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH EDUARDO GUERRERO and MARIA T. ZAVALA FOR A PORTION OF THE PROPERTY COMMONLY KNOWN AS 526 DUNDEE AVENUE passed by the Elgin City Council at its legally convened meeting held on March 24, 2021. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City o � t the said City in the County and State aforesaid this April 7, 2021. �R85 FwA r` r Cit erk 4 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 I Resolution No. 21-50 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH EDUARDO GUERRERO AND MARIA T. ZAVALA FOR A PORTION.OF THE PROPERTY COMMONLY KNOWN AS 526 DUNDEE AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY-OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Easement Agreement with Eduardo Guerrero and Maria T. Zavala.for a portion of the property commonly known as 526 Dundee Avenue, legally described in the 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 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: March 24, 2021 Adopted: March 24, 2021 Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk 2021K027656 SANDY WEGMAN RECORDER - KANE COUNTY, IL RECORDED: 4%9/2021 8:55 AM This Instrument Prepared REC FEE: 52.00 ny and Return After PAGES: 8 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 day of ry , 2021, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the "City"), and Eduardo Guerrero and-Maria T. Zavala (hereinafter collectively referred to as the"Grantor"). WITNESSETH WHEREAS,Grantor owns certain real property commonly known as 526 Dundee Avenue, Elgin,Illinois, 0123,Permanent Index Number 06-12-376-026(the"Subject Property");and WHEREAS,the City desires to obtain a temporary construction easement from Grantor over . a certain portion of the Subject Property containing 0.023 acres,more or less, for the purposes of constructing certain street and roadway improvements along an adjacent portion ofDundee Avenue, said temporary construction easement area being identified as Parcel 0004TE as depicted on Exhibit A,attached hereto and incorporated herein by this reference,the legal description thereof being set forth on Exhibit B,attached hereto and incorporated herein by this reference(hereinafter referred to ` as the"Temporary Construction Easement Premises"); and - WHEREAS,Grantor has agreed to grant such Temporary Construction Easement to the City pursuant to the terms and"conditions of this Easement Agreement._ NOW,THEREFORE,for and in consideration of One Thousand Dollars($1,000.00)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 property referenced herein,does hereby grant to the City of Elgin,an Illinois municipal corporation,a temporary construction easement within,over, under,along,across and through the Temporary Construction Easement Premises,allowing access over, within, under, along, across, and through, and the use of, the Temporary Construction Easement Premises for the purpose of constructing,reconstructing,installing,replacing,inspecting, maintaining,: and repairing certain street and roadway improvements on the adjacent property, together with the right of ingress and egress to and from,the Temporary Construction Easement Premises with such personnel and equipment as maybe 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 twenty-four (24) month period following the commencement of construction within the Temporary Construction Easement Premises. . . 3. 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, except for any regrading associated with the exercise of the City's easement rights in the Temporary Construction Easement Premises, and shall leave the Temporary Construction Easement Premises and the surrounding premises free from debris. 4. . That the City for itself, its agents and independent contractors, hereby agrees to indemnify 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.Temporary.Construction EasementPremises duringconstruction or an subsequent g y q aintenanceor repair thereof The _ City further agrees to indemnify and hold Harmless Grantor from any and all liens placed against the Temporary Construction Easement Premises arising from said construction activities. 5. That during the term of the Temporary Construction Easements granted herein,.the Grantor and their successors shall not construct any structures or buildings nor plant any trees on the -2- 1 Temporary Construction Easement Premises,nor undertake any other activities on the Temporary Construction Easement Premises that interfere with the City's intended use of the Temporary Construction Easement Premises. 6. Grantor,without limiting the interest above granted and conveyed,acknowledges that upon payment of the agreed consideration,all claims arising out of the above acquisition have been settled, including, without limitation, any diminution of value to the remaining properly of the Grantor caused by the opening, improving, and utilization of the premises for highway purposes. This acknowledgement does not waive any claim for trespass or negligence against the Grantee or Grantee's agents which may cause damage to the Grantor's remaining property. 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 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. 10. 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 Temporary Construction Easement Premises. 11. That the Grantor hereby represents and warrants to the City that it is the fee simple title holder of the Temporary Construction Easement Premises and that it has the full power and authority to enter into and make the grant of easements as provided herein. 12. That this Agreement may be executed in multiple counterparts,each ofwhich shall be deemed an original,but all of which together shall constitute one and the same instrument. -3 13. That this Easement Agreement shall be binding on the parties hereto,their successors and permitted assigns and shall run with the land. 14, 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 GRANTOR: municipal corporatio By a A-Z.r o (i t-t-.e-yY f Jy ayor Edu—arcTo Guerrero Attest: City Clerk Maria T;,�-aw ` Dated: March 24, 2021 This Instrument Prepared by and Return After Recording to: Christopher J.Beck City of Elgin Legal Department 150 Dexter Court Elgin IL 60120-5555 -4- STATE OF ILLINOIS ) SS. COUNTY OF K A N E ) I,the undersigned,a Notary Public,in and for said County,in the State aforesaid,do hereby certify that David Kaptain,Mayor,and Kimberly Dewis,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 2021. Notkty Public MARIA PEREZ Notary Public-State of Illinois fAv L�-Mlssron expires July Ie 2024 STATE OF ILLINOIS � w ) SS. COUNTY OF K A N E ) I,the undersigned,a Notary Public,in and for said County,in the State aforesaid,do hereby certify that Eduardo Guerro and Maria T.Zabala 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.aet of the uses and purposes therein set forth. Given under my hand an official seal,this�_day of 2021. "OFFICIAL SI~AL" MARIA PEREZ tint w M Ion Expires July 16,2024 -5- EXHIBIT A Plan depicting the Temporary Construction Easement Premises at 526 Dundee Avenue,Elgin, Illinois, 60123,to be inserted. i AIYC�.UUIV 1 T, ILLIIVVl3 �o� His� Snb�lit•�si�z+ f fEn"-aidaC+51.q a I3s n,@mil:17 2 f t (t3�sWD�aa 1964181 \ \ t R..Doc Fugus93ft 1,fS>20 as \ �� �\P.IN.OsSB LOB TOT F701�`� r��O;` J' �� `ti Desa31d in Y IIloscr�aj1r 7D1mc�3d 84� �.i Ok 1 Pc�s W (L.& 0.13 RIc-OcZba 10a \ �\�•�` vfi \ 1� - \II \ J N.0°r12J77 n10t�cam. 9 F0 DING t a i\ i G=Amu P \\ Ff2 I-Ml 1 �$ F`p\ \ \ P ' Ptcpased\ i 1 Temporry \ i i �j G �dc " �•,,, 0004TE J �-: i Easement `. i l r�t�. �t t Sta2:}I:2.17 4 0 \ \ Stb.22+OM A005TE ` N 3p"00'00' 3S ODUU'E Sb.2 .9f Ov j lea 22+rAl3� to 1� 4fA0U \ `a ay �a' )tYd Proposed Right-of--Way \ ��I 50.75 Sta 21+1 24 i sI-� —Fw $10255 N35.0000'E ---`�- 'f N35,00W'E ttt-Wr t I - 33.071t 3300 S-23+43.73..,,' `SIa.23a3rE5 we 33,U0'k. N ' Exist 3gM-ewaywfaMedasperDas \ eu} L 1 Book Sn plats Page do.goes BefPLts.PageSf 22 r — 23 MW N 35'OGW E i7n 1 "� ��"—'"� F.•.et at'itvnleQ a otCcnm+rl7on _ DUNDEE AVENUE r EXHIBIT B LEGAL DESCRIPTION That part of Lot 8 in Knot Heir's Subdivision,being a subdivision of part of Section 12,Township 41 North, Range 8 East of the Third Principal Meridian, in Kane County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System, East Zone, NAD83 (2011 Adjustment),with a combined factor of 0.999975, described as follows: Beginning at the Northeast corner of said Lot 8; thence South 35 degrees 00 minutes 00 seconds West along the East line of said Lot 8,a distance of 50.75 feet;thence North 54 degrees 50 minutes 23 seconds West,a distance of 22.00 feet;thence North 35 degrees 00 minutes 00 seconds East,a distance of 39.09 feet at a point on the Northerly line of said Lot 8; thence South 82 degrees 47 minutes 07 seconds East along said Northerly line,a distance of 24.97 feet to the point of beginning, in Kane County,Illinois. Said parcel containing 0.023 Acres,more or less.