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Home My WebLink About23-32 Resolution No. 23-32 RESOLUTION AUTHORIZING EXECUTION OF A TEMPORARY CONSTRUCTION EASEMENT AGREEMENT WITH CONSUELO M. CAMARENA FOR THE PURPOSES OF CONSTRUCTING CERTAIN STREET AND ROADWAY IMPROVEMENTS ALONG AN ADJACENT PORTION OF DUNDEE AVENUE (544 Dundee 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 Consuelo M. Camarena for the purposes of constructing certain street and roadway improvements along an adjacent portion of Dundee Avenue, 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 22, 2023 Adopted: February 22, 2023 Omnibus 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 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this 22nd day of February , 2023, by and between the City of Elgin, an Illinois municipal corporation(hereinafter referred to as the"City"),and Consuelo M.Camarena(hereinafter referred to as the"Grantor"). WITNESSETH WHEREAS,Grantor owns certain real property commonly known as 544 Dundee Avenue, Elgin, Illinois, 60123, Permanent Index Number 06-12-376-025 (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 0.010 acres,more or less,for the purposes of constructing certain street and roadway improvements along an adjacent portion of Dundee Avenue,said temporary construction easement area being identified as Parcel 0005TE 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 Five Hundred Dollars($500.00)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 - 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 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 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 Easement Premises during construction or during any subsequent maintenance or 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. -2- 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 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 property 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 she is a fee simple title holder of the Temporary Construction Easement Premises, that she has the consent of any other title holders to enter into this Easement Agreement, and that she has the full power and - 3 - authority to enter into and snake the grant of easements as provided herein. The Grantor agrees to and shall indemnify, defend and hold harmless the City, its officials, officers, employees, agents, boards, and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief, brought by any person or entity claiming to have an ownership interest in the Subject Property, including but not limited to Anastacio Camarena, Ramon Munoz Magallon, or any of their heirs, successors, assigns, or legatees. 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 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 corporation Y 0000/00, City Manager Consuelo M. Camarena Attest: ��a�� Ci Clerk -4- EXHIBIT A Plan depicting the Temporary Construction Easement Premises at 544 Dundee Avenue, Elgin, Illinois, 60123, to be inserted. PART OF SECTION 12,TOWNSHIP 41 NORTH,RANGE 8,EAST OF THIRD PRINCIPAL MERIDIAN,IN KANE COUNTY,ILLINOIS LEGEND N\� 7,5 N n,D.LRrr i�D E (D E E•.a.t2.,wma � ��.' I•' �`• „ ,� � • i uxE \ wE...... pe,�-_- � \ tmDa x�lf•.,�,teawawR to �w.wr.•r _,c �`.\ lN.Iw Axr a,w.1 I•r EIn o .Q --____- .,N.w o-r,•ow Da•os,s� \ \ \a.y 1a r •'\ O R.eose.°ia„x ro n°i°°va., •� \\ y auNEeruF — ,wE X9\.q TP� a >t! • \ 'C`' \. wt, -�� 01,y ®E..o.nw wan A k•aA�Eaarnrll \\ \'\ \♦ G o wex rw•aAa•,a� w•-x.E art y\ � 0005TE \� ��S t<` I•w■Ma.T • a•-Aa•AaEi \$- eAan w.m ke `\ ■ rt N•xroew•r. �— >P.w ,Fi LMIIaMIx D<,aD,MwK SURVEY N•RxER iO NOMAEM • \ N aroow 1/{/'�wm•rw ■ANEroRS RfDismtnoN°�eEuo sr wscxono.,w•.No \ E,y J \ \ \ r rt•xN .REAa. gRR ; '• \ \t• ,\ \' -.\ NMED yawn, ,unRsafimuinc°Ra roo ro �a� 0004TE \� I�5 `\:\. \.\ �oa <\ _ .. _.__� R. R,Ftm�uo�•w�Po'RnrE1O-."oaa ED�srR•non \'�pEl F w—Tv a `^ N•+, � �_1w.n \ram_-_",.» _�1�II BB, ST•ND 11xi,D�SE.1Sl TNERs� 6la•aODD'w ( a. Etlr••N1eMaM. I Ds rMr 6r4tHD expepaED iO BE 8ET J _ ❑ Rxa,r a•u eD OOOSK Nw'aDaPE '6w wNb�mfnx+em,axle, 2r _J a um tw a �N.a....a.■� __ __ kart _�_E _ „r� � \ —_ �v orv.w vo w.wsirlr w.►n !1� � - cr -1 wao Nai•DDSD•eT---—-—-—-—T ----•-_--_ a, .a+•E` D U N D E E AVENUE �.+�`"..r:w`....xa.i.ekrw•.,..e E.an Np•rA.ww� 60 dl ♦ \X r a Ip / 1.9.Bartlett a $ Dn ,tom \, BAXTE OODMAN G ar•iEoeauHw i\ `� ��: car or Elan n�• ��10 ♦," .. _ cwxrr os xcterNr u.m..x xna a°.,au,.aw e d ,�°.iRe.w nx„w .. ..•D fRn .N r N«„NE N Nd.NA»•twDlseRD fa�w,,,„D PLAT OF HIGHWAYS � � lUMErOP N•�=:.R E.ED„�NA,DF NxxeN,K a,4w.I HEREON R,afLnDN € DEaEAsr D.HE woex xa.W wEwaN NE �„ ga mwn:rN,:;Rf"`�i'"s,.rt��,RUE•NDcwNerE•a aHow.,mT,e aEsrwrr STATE OF ILLINOIS � iW aeDwEDDE•No ef,IEF,xur nE our coR,ErnrREPREsorta e•n swKv HrorAL PART AREA xx REMAINDER EASEMENT ARFA DEPARTMENT OF TRANSPORTATION iN•i•u NwuNEHrsFwra nNO Esr•suaREo•REa N:•wxEw•r Duuirr•ro PARCEL PARCEL Axlw•,[rta'VK NUMBER S TAKEN EY.ISn IN ARFA SOIIARE gaina�. oE autEar�swvE.weE a,R�t[o:ewoE wR mE ACRES ACRES R.O.W.ACRES ACRES ACRES �.� �NnEz NUMBER DUNDEEAVENUE S o�. DER•RTMB,r a rRANa.oRrATpN srATE a wxaa .ensue Na�arDFA1 m,.AoO�-f- LIMR3:aEEummx Sb•., COUMY:KIINE SFE SHEET}=pR AREA lA■.EIDOT USE ONLYTA.1— eTw.n. i0SHEET T OF 12 SHEETS BUREAU OF LAND ACQUISITION F201 WEST CENTER COURT REMIMM CATS:- REwaN■Aces— SCHAUMBURG,ILLINOIS 60196 EXHIBIT B LEGAL DESCRIPTION That part of Lot 7 in Knott 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 Southeast corner of said Lot 7; thence North 35 degrees 00 minutes 00 seconds East along the East line of said Lot 7,a distance of 14.09 feet;thence North 54 degrees 50 minutes 23 seconds West, a distance of 22.00 feet; thence South 35 degrees 00 minutes 00 seconds West, a distance of 25.74 feet to a point on the Southerly line of said Lot 7; thence South 82 degrees 47 minutes 07 seconds East along said Southerly line, a distance of 24.87 feet to the point of beginning, in Kane County, Illinois. Said parcel containing 0.010 Acres,more or less.