HomeMy WebLinkAbout21-83 Recorded� I IIIII)IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
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Ili ii# 2117347027 Fee $8 .00
State of Illinois) RHSP FEE:$9.00 RPRF FEE: $1.00
County of Kane) ss KAREN A. YARBROUGH
City of Elgin ) COOK COUNTY CLERK
DATE: 06/22r2021 01:42 PM PG: 1 OF 7
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. 21-83
AUTHORIZING EXECUTION OF A TEMPORARY EASEMENT AGREEMENT WITH
MARIA C. GLORIA GONZALEZ FOR THE PURPOSES OF
STORM SEWER SYSTEM REPAIRS
(721 E. Chicago Street)
passed by the Elgin City Council at its legally convened meeting held on May 26, 2021.
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 June 4, 2021.
�pBS FUIq,�
City erk
r
This ins rument 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
L
Resolution No. 21-83
RESOLUTION
AUTHORIZING EXECUTION OF A TEMPORARY CONSTRUCTION EASEMENT
AGREEMENT WITH MARIA C. GLORIA GONZALEZ FOR THE PURPOSES
OF STORM SEWER SYSTEM REPAIRS
(721 E. Chicago Street)
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 C.
Gloria Gonzalez for the purposes of storm sewer system repairs, 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 Cook County, Illinois.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: May 26, 2021
Adopted: May 26, 2021
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
Mrs. Maria C. Gloria Gonzalez
721 E. Chicago Street
Elgin, Illinois 60120
Project: Laurel Street Culvert Replacement
at Willow Creek
County: Cook
P.I.N. 06-18-301-017-0000
TEMPORARY CONSTRUCTION EASEMENT
Mrs. Maria C. Gloria Gonzalez (referred to as the"Grantor"), of the County of Cook and State of
Illinois, for and in consideration Three Hundred Dollars ($300.00) in hand paid, and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,hereby
represents that Grantor owns fee simple title to and grants and conveys to the City of Elgin, an
Illinois municipal corporation(the"Grantee"), a temporary construction easement for the
purposes of grading and creek bank stabilization, including removal of debris from the existing
creek channel, grading to reestablish a stable creek bank(bank erosion is ongoing), installing
stone riprap along the new creek bank to protect it from future erosion, installing seed mixes and
erosion control to establish grasses in disturbed area, and other related purposes, on, over,within,
under, along, across, and through the following described real estate:
SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT A
situated in the County of Cook, State of Illinois. The above-described real estate and
improvements located thereon are herein referred to as the "Premises."
The right, easement, and privilege granted herein shall terminate one(1)year from
the date on which construction of the proposed project is commenced on the Premises, or on the
completion date of the proposed project, in the Grantee's sole discretion, whichever is sooner.
Grantor shall have and retain all rights to use and occupy the premises and to access
Grantor's remaining property, except as otherwise herein expressly granted; provided, however,
that Grantor's use and occupation of the Premises may not interfere with Grantee's use of the
Premises for the purposes herein described.
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 property of
the Grantor caused by the opening, improving, and utilization of the premises for highway
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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.
This grant shall constitute a covenant, which runs with the land, and shall be
binding upon the legal representatives,successors, and assigns of Grantor.
That following the exercise by the Grantee of any easement rights granted herein,
the Grantee shall promptly repair and restore the Premises to the same condition as existed
immediately prior to the existence of such rights as is reasonably practicable, and shall leave the
Premises and surrounding premises free from debris.
That the Grantee for itself,its agents and independent contractors,hereby agrees to
indemnify and hold the Grantor and its successors harmless from third party claims for personal
injuries or property damage arising directly as a result of the Grantee's work in the Premises during
construction or during any subsequent maintenance or repair thereof. The Grantee further agrees
to indemnify and hold harmless the Grantor from any and all liens placed against the Premises
arising from said construction activities.
That no amendment, revision or modification hereof shall be effective unless it is
in writing and signed by all parties hereto.
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.
That this 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 Cook 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.
That the Grantee may utilize the services of third party contractors, employees or
other agents to perform work on the Premises.
That the Grantor hereby represents and warrants to the Grantee that it is the fee
simple title holder of the Premises and that it has the full power and authority to enter into and
make the grant of easement as provided herein.
That this agreement shall be recorded by the Grantee at the Grantee's cost with the
Cook County Recorder.
-2-
IN WITNESS WHEREOF, the parties have entered into and executed this
Temporary Construction Easement agreement on this day of Q. ,2021.
i
CITY OF ELGIN: OWNER:
By: ! --�� By:
City Manager Mrs a C. Gloria Gonzalez
Attest: A4azo'00'
City Clerk
Dated: May 26, 2021.
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 that Mrs. Maria C. Gloria Gonzalez personally known to me to be the same person(s)
whose name(s)is/are subscribed to the foregoing instrument, appeared before me this day in
person and acknowledged that he/she/they signed and delivered the said instrument as
his/her/their free and voluntary act for the uses and purposes therein set forth.
Given under my hand an official seal, this L da
Notary ubl' -
This Instrument Prepared RUBEN ACEVEDO
b and Return After official seal
3' Notary Public-State ofIllinois
Recording to: My Commission Expires Feb 21,2021
Christopher J. Beck
City of Elgin
Legal Department
150 Dexter Court
Elgin IL 60120-5555
- 3 -
PIN:06-18-301-017
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT LEGAL DESCRIPTION
AN EASEMENT OVER PART OF LOT 23 OF THE COUNTY CLERK'S DIVISION OF UNSUBDIVIDED LANDS IN
THE SOUTH HALF OF SECTION 18,TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE 20, 1895 AS DOCUMENT 2237127 IN
COOK COUNTY, ILLINOIS, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF SAID LOT 23 AND THE NORTHERLY RIGHT-
OF-WAY LINE OF LAUREL STREET, PER QUIT CLAIM DEED RECORDED DECEMBER 9, 1926 AS DOCUMENT
9490262,AS MONUMENTED; THENCE NORTH 00 DEGREES 33 MINUTES 12 SECONDS WEST,ALONG
SAID WESTERLY LINE, 60.00 FEET TO A LINE 60.00 FEET NORTHERLY OF AND PARALLEL WITH SAID
NORTHERLY RIGHT-OF-WAY LINE; THENCE NORTH 89 DEGREES 05 MINUTES 20 SECONDS EAST,ALONG
SAID PARALLEL LINE, 39.00 FEET TO A LINE 39.00 FEET EASTERLY OF AND PARALLEL WITH SAID
WESTERLY LINE; THENCE SOUTH 00 DEGREES 33 MINUTES 12 SECONDS EAST, ALONG SAID PARALLEL
LINE, 60.00 FEET TO SAID NORTHERLY RIGHT-OF-WAY LINE; THENCE SOUTH 89 DEGREES 05 MINUTES
20 SECONDS WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 39.00 FEET TO SAID POINT OF
BEGINNING.
WQMTY MAP EASEMENT EXHIBIT PIN:06-18-301-017
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' This map wos created for use as an Exhibit. W PREPARED BY: �� •' '•.'PL:
4 • This map is not to be used for any construction or staking purposes ;p;BERNARDJ.BALJ R'.�i= r•-.n' roam
without consent from a proper agent of HR Green, Inc. _¢: 036.003799 surrtra:
8 $� ' This IS NOT a Plat of Survev. No assumptions or agreements as to =a ,'
ownership, use, or possession can be conveyed from this document. _ AURORA esa se oa se osc sh
No underground improvements have been located unless shown and noted. Il1JN018 ;g nn
• No distance should be assumed by scaling. BE7WARD J. BAUER, P.L.S. ilbbauerOhrveen.cam) ���;�,9'• ,p♦�. seone
{�� signature eaaffixed.� without original embossed or red colored seal and LICENSE EXPIRES %30/2020 SURVEYOR No. 3799 'i�� rOF111-1-1 1`� 1 OF 1