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Home My WebLink About22-99 Resolution No. 22-99 RESOLUTION AUTHORIZING EXECUTION OF A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH CHICAGO TITLE LAND TRUST COMPANY,AS TRUSTEE UNDER A TRUST AGREEMENT DATED SEPTEMBER 24, 2018 AND KNOWN AS TRUST NUMBER 8002379099 FOR THE PURPOSES OF REPAIRING AND RESTORING A RETAINING WALL (1895 Big Timber Road) 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 on behalf of the City of Elgin with Chicago Title Land Trust Company, as Trustee Under a Trust Agreement Dated September 24,2018 and Known as Trust Number 8002379099,for the purposes of repairing and restoring a retaining wall, 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: June 8, 2022 Adopted: June 8, 2022 Vote: Yeas: 8 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 FASEMENT AGREEMENT THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT made and entered into this 8th day of June , 2022, by and between the City of Elgin,an Illinois municipal corporation (hereinafter referred to as the "City"), and Chicago Title Land Trust Company, as Trustee under a Trust Agreement Dated September 24, 2018 and Known as Trust Number 8002379099 (hereinafter referred to as the"Grantor"). WITNESSETH WHEREAS, the Grantor is the legal titleholder to the real property depicted on Exhibit A, attached hereto and incorporated herein by this reference, commonly known as 1895 Big Timber Road, Elgin, Illinois, and having Permanent Index Number 06-04-400-087 (hereinafter referred to as the "Subject Property"); and, WHEREAS, the City desires to obtain a temporary construction easement from the Grantor for the purposes of repairing and restoring a retaining wall located adjacent to the Subject Property, the temporary construction easement area being depicted and legally described on said Exhibit A (hereinafter referred to as the "Temporary Construction Easement Premises"); and, WHEREAS, the Grantor 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 Grantor, in its capacity as trustee for the beneficial owner of the Subject Property, Three Hundred Dollars ($300.00) to Grantor for extraordinary trust fees, Seven Hundred Fifty Dollars ($750.00) to the Law Offices of Robert L. Pattullo Jr., P.C., for legal fees, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That the Grantor 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 retaining wall located adjacent to the Subject Property and other right-of--way improvements, 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 six (b) month period following the commencement of construction activities on the Temporary Construction Easement Premises. 3. That Grantor shall have and retain all rights to use and occupy the Subject Property except as otherwise herein expressly granted; provided, however, that Grantor'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, except for limited regrading within Temporary Construction Easement Premises, 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 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 Easement Premises during construction or during any subsequent maintenance or repair thereof. The City further agrees to indemnify and hold harmless the Grantor 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 Grantor 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. IL That this agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. - 3 - 12. 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. 13. 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: CHICAGO TITLE LAND TRUST COMPANY, as Trustee under a Trust Agreement Dated September 24, 2018 and Known as Trust Number 8002379099 —� By: By: ID TRUS City Manager 440rl� 0 0 CoR-Pos;A E g At Its: SDI. LA City Cler y�04(30,11�� STATE OF SS. COUNTY OF (c-ptC ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that personally personally known to me to be the Trustee under the provisions of a certain Trust Agreement dated September 24, 2018 and known as Trust Number 8002379099, and 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 he/she signed and delivered said instrument as the free and voluntary act of the trust, by authority given to him/her by tite trust docurnents or by authority of statute, for the uses and purposes therein set forth, and on oath stated that he/she is authorized to execute said instrument and in fact executed the instrument on behalf of said trust. Given under my hand an official seal, this ZZ day of h(II&O6erz,, 2019. _ Zzzo Notary Pub c This instrument is executed by the undersigned land Trustee, not personally but solel as Trustee in the exercise of the power "OFFICIAL SEAL" and authority conferN upon and vested in it as such Trustee. h is expressly understood and agreed that all the warrants, DENYS VACA indemnities. representations, covenants, undertakings and Notary Public,State of Illinois agreements herein made on the part of the Trustee are ;My Commission Expires 11/20/2021; undertaken by 11 solely in its capacity as Trustee and not °°°°°°°°°°O°°°°°O°°°°•°°'••• personally No persona liability or personal responsibility is assumed by or shall at any time be asserted or enforceable against the Trustee on account of any warranty,indemnity, ,epresentatron, covenant, undertaking or agreement of the _5 _ rustee in this instrument. ,i:«:h�iy�: :: .:�;:r_.u9U: nUg6iJ9K�u�ul 9alb6iu5u, G( Ali 9@sluzi :Ul; J V4166 Uu 9CCOnUI 01 illk MSU9Ulk 1114Blulll94` 922061RO 1J6 "All 91 91s' :IRr- $K 9? Fth!? J. kn"Acs9ple i16hCiU`IIII .1 ,ir;,,• ..ai,.:,+h 12 �..�:.�t guy udl .c':fQe ')$6. .'s: y.d'Lldti 916 IIIQBWG!!Ib•' :nili66tiU19(lilul (OAtip�Wi IiUg6l19�f1Ua2 9U '. U 12 61462211.ni*12100q guy 9bl%q IP91911 JP6 M*iM4!Gr 9Uq 9n1;Il?tllr COujslisq nb011%q AGZfGq w ll 92 2nCp i1nUff Wl b61iN11:901 On;2Ci6i?3%J.:;Z16e!i;ipE6ti6;it2R:%�;Jbi!OMBL 1i;l2 6Aic-l;tiq yr llle pA jIn2m EXHIBIT A Temporary Easement Exhibit,prepared by Regional Land Services. -6 - EXHIBIT "A" \ TEMPORARY EASEMENT \ 8 d \ 3 $ � /\•\•\``` \\ T.E. LEsAM�ES�RIP�,1 mam J mui:+ub�r=�mw'o�m 4 OB5 Ata� ",ik 1Z LEGEND till it `\\'��i_- _may. 4\\` ��•\`\` ``` \\ • uYo¢ion T .«.........\ �, \'\.\�� ..,...e.. _ V �....m ... •o