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HomeMy WebLinkAbout25-88 2025K018123 SANDY WEGMAN RECORDER - KANE COUNTY, IL RECORDED: 5/19/2025 3:45 PM REC FEE: 80.00 PAGES: 8 State of Illinois ) County of Kane) 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. 25-88 AUTHORIZING EXECUTION OF A PROPERTY EASEMENT AGREEMENT WITH IRIS S. MARJI FOR STORMWATER PURPOSES (140 S. Lyle Avenue, Elgin, IL 60123) adopted by the Elgin City Council at its legally convened meeting held on May 14, 2025. 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 May 19, 2025.• Kimbe y ewis, City Clerk This instrument prepared by: Return to: Christopher Beck 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) 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. 25-88 AUTHORIZING EXECUTION OF A PROPERTY EASEMENT AGREEMENT WITH IRIS S. MARJI FOR STORMWATER PURPOSES (140 S. Lyle Avenue, Elgin, IL 60123) adopted by the Elgin City Council at its legally convened meeting held on May 14, 2025. 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 May 19, 2025. ( SIN:\ filV/AJ `(j� � Kimbe y ewis, City Clerk = `(SEAL)1.14. r This instrument prepared by: Return to: Christopher Beck Kimberly Dewis Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 Resolution No. 25-88 RESOLUTION AUTHORIZING EXECUTION OF A PROPERTY EASEMENT AGREEMENT WITH IRIS S. MARJI FOR STORMWATER PURPOSES (140 S. Lyle Avenue, Elgin, IL 60123) 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 a Property Easement Agreement with Iris S. Marji for an easement for stormwater purposes and treated effluent from a privately maintained aerobic septic system for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the property 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: May 14, 2025 Adopted: May 14, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk Exhibit A Legal Description of Grantee's Property: Walter G. McIntosh Company's Fox River Gardens Lots 32 and 33 in Block 1, being a subdivision of part of sections 15, 16, 21 and 22,Township 41 North Range 8, East of the Third Principal Meridian, in the Township of Elgin, Kane County, Illinois Parcel ID: 06-15-351-069 PROPERTY EASEMENT AGREEMENT State of Illinois BACKGROUND A. This Property Easement Agreement (hereinafter referred to as the "Easement") is entered into and made effective as of May 14, 2025 (hereinafter referred to as the "Effective Date") by and between the Grantor of the Easement (hereinafter referred to as the "Grantor"), of the following address: City of Elgin 150 Dexter Court Elgin, IL 60120 Legal Description of Grantor's Property: Walter G. McIntosh Company's Fox River Gardens Lots 73 in Block 1 Parcel ID: 06-15-351-017 and the following Grantee of the Easement (hereinafter referred to as the "Grantee"), of the following address: IRIS S. MARJI 140 S. Lyle Avenue Elgin IL 60123 Legal Description of Grantee's Property: Walter G. McIntosh Company's Fox River Gardens Lots 32 and 33 in Block 1, being a subdivision of part of sections 15, 16, 21 and 22, Township 41 North Range 8, East of the Third Principal Meridian, in the Township of Elgin, Kane County, Illinois Parcel ID: 06-15-351-069 B. WHEREAS, the Grantor is the owner of certain real property at the following address: Second Street, Elgin, IL 60123 with a PIN of 06-15-351-017 C. WHEREAS, the Grantee desires to acquire certain rights in the Servient Estate and the Grantor wishes to provide those rights. NOW, THEREFORE, in consideration of the obligations and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do contract and agree as follows: I. GRANT OF EASEMENT. 1. For valuable consideration, Grantor hereby grants to Grantee an easement on and across the following-described portion of the Servient Estate: Portion of property abutting the southwest corner of Grantee's property as indicated in Attachment A. II. CHARACTER OF EASEMENT. 2. It is the intention of the Parties that the Easement be granted appurtenant to the Dominant Estate, in that the Easement benefits the use and enjoyment of the Dominant Estate by the Grantee. III. EASEMENT PURPOSE. 3. The Easement will benefit the Grantee in the following manner: Grantee will use easement to run a stormwater and treated aerobic septic sewer system discharge pipe from Grantee's property to Grantor's property where it will discharge as indicated in Attachment A. IV. DURATION, BINDING EFFECT, AND TERMINATION. 4. This Easement shall begin on May 14, 2025 5. This Easement will continue until the Parties agree in writing to terminate this Agreement. 6. The Easement shall terminate if the purposes of the Easement cease to exist, are abandoned by the Grantee, or become impossible to perform. 7. This Agreement is made expressly for the benefit of, and shall be binding on, the heirs, personal representatives, successors in interest, and assigns of the respective Parties. V. EXCLUSIVITY OF EASEMENT. 8. The easement, rights, and privileges granted by this Easement are exclusive, and Grantor covenants not to convey any other easement or conflicting rights within the area covered by this grant. VI. GRANTOR'S RIGHTS AND DUTIES. 9. Grantor retains, reserves, and shall continue to enjoy the use of the surface of the land subject to this Easement for any and all purposes that do not interfere with or prevent the use by Grantee of the Easement. 10. Grantor's retained rights include, but are not limited to, the right to build and use the surface of the Easement for drainage ditches and private streets, roads, driveways, alleys, walks, gardens, lawns, planting or parking areas, and other similar such uses without extinguishing or otherwise interfering with the rights of Grantee in the Easement. 11. The Grantor further reserves the right to dedicate all or any part of the property affected by this Easement to any city for use as a public street, road, or alley, if the dedication can be accomplished without extinguishing or otherwise interfering with the rights of Grantee in the Easement. 12. If the Grantor or any of Grantor's successors or assigns dedicates all or any part of the property affected by this Easement, the Grantee and its successors and assigns shall execute all instruments that may be necessary or appropriate to effectuate the dedications. VII. GRANTEE'S RIGHTS AND DUTIES. 13. Grantee shall have the duty to repair and maintain the property subject to the Easement and shall at all times keep the easement property free and open for the benefit of Grantor and any other concurrent user. 14. Grantee shall at all times act so as to safeguard Grantor's property. 15. Grantee shall have the right to keep access to the Easement open. VIII. FAILURE TO PERFORM. 16. Should Grantee fail to perform any covenant, undertaking, or obligation arising under this Easement, all rights and privileges granted shall terminate and the provisions of this Agreement creating the Easement shall be of no further effect. 17. In such a case, within thirty days of receipt of a written demand from Grantor, Grantee shall execute and record all documents necessary to terminate the Easement of record. 18. Should Grantee fail or refuse to record the necessary documents, Grantor shall be entitled to bring an action for the purpose of declaring the Easement to be terminated. The expenses incurred by Grantor in bringing such an action, including attorney's fees, shall be paid by Grantee. IX. INDEMNIFICATION. 19. To the fullest extent permitted by law, Grantee shall and hereby does indemnify, defend and hold harmless Grantor, Grantor's directors, officers, employees, agents and invitees and such persons who are in privity of estate, or to whom Grantor is legally responsible, from and against any and all claims, actions,judgments, damages, liabilities, costs and expenses, including attorneys' fees, in connection with damage to property arising from or out of any occurrence relating, directly or indirectly, to any acts or omissions of Grantee, or Grantee's directors, officers, employees, agents, contractors and invitees in the exercise of any of the rights and privileges granted herein, the use of the Easement Area described herein or otherwise undertaken by Grantee within the Easement Area, or with respect to any breaches or defaults by Grantee hereunder. X. ENTIRE AGREEMENT. 20. This Agreement contains the entire agreement of the Parties, and there are no other promises or conditions in any other agreement, whether oral or written, concerning the subject matter of this Agreement. 21. This Agreement supersedes any prior written or oral agreements between the Parties. Xl. SEVERABILITY. 22. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. 23. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited. XII. AMENDMENT. 24. This Agreement may be modified or amended in writing, if the writing is signed by the Party obligated under the amendment. XIII. GOVERNING LAW AND VENUE. 25. This Agreement shall be construed in accordance with the laws of the State of Iginois. 26.Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be the Circuit Court of Kane County, Illinois. Grantee hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this Agreement or the subject matter hereof. XIV. NOTICE. 27.My notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph of this Agreement or to such other address as one Party may have furnished to the other in writing. XV.WAIVER OF CONTRACTUAL RIGHTS. 28. The failure of either Party to enforce any provision of this Agreement shad not be construed as a waiver or limitation of that Party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. IN WITNESS WHEREOF, the Parties execute the Agreement as folows: EXECUTION: of Elgin. ntor AT E May 14, 2025 _.-/h)(/‘eeZS Date City Clerk gip ••• tst IRIS S. MARJI, Grantee 3 1I b c- Date C mow.•.w.• . . 11....-'r$ maw La..I u).....n.I c...f«....bar me I OR L.CI,•iv.$66.• �� ...,...... .,can.u„I ,•.-tr 111 CamScanner Resolution No. 25-88 RESOLUTION AUTHORIZING EXECUTION OF A PROPERTY EASEMENT AGREEMENT WITH IRIS S. MARJI FOR STORMWATER PURPOSES (140 S. Lyle Avenue, Elgin, IL 60123) 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 a Property Easement Agreement with Iris S. Marji for an easement for stormwater purposes and treated effluent from a privately maintained aerobic septic system for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the property 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: May 14, 2025 Adopted: May 14, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk Exhibit A Legal Description Qf Grarltee'_5 Property Walter G. McIntosh Company's Fox River Gardens Lots 32 and 33 in Block 1, being a subdivision of part of sections 15, 16, 21 and 22, Township 41 North Range 8, East of the Third Principal Meridian, in the Township of Elgin, Kane County, Illinois Parcel ID: 06-15-351-069 PROPERTY EASEMENT AGREEMENT State of Illinois BACKGROUND A. This Property Easement Agreement (hereinafter referred to as the "Easement") is entered into and made effective as of May 14, 2025 (hereinafter referred to as the "Effective Date") by and between the Grantor of the Easement (hereinafter referred to as the "Grantor"), of the following address: City of Elgin 150 Dexter Court Elgin, IL 60120 Legal Description of Grantor's Property: Walter G. McIntosh Company's Fox River Gardens Lots 73 in Block 1 Parcel ID: 06-15-351-017 and the following Grantee of the Easement (hereinafter referred to as the "Grantee"), of the following address: IRIS S. MARJI 140 S. Lyle Avenue Elgin IL 60123 Legal Description of Grantee's Property: Walter G. McIntosh Company's Fox River Gardens Lots 32 and 33 in Block 1, being a subdivision of part of sections 15, 16, 21 and 22, Township 41 North Range 8, East of the Third Principal Meridian. in the Township of Elgin, Kane County, Illinois Parcel ID: 06-15-351-069 B. WHEREAS, the Grantor is the owner of certain real property at the following address: Second Street, Elgin, IL 60123 with a PIN of 06-15-351-017 C. WHEREAS, the Grantee desires to acquire certain rights in the Servient Estate and the Grantor wishes to provide those rights. NOW, THEREFORE, in consideration of the obligations and covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties do contract and agree as follows: I. GRANT OF EASEMENT. 1. For valuable consideration, Grantor hereby grants to Grantee an easement on and across the following-described portion of the Servient Estate: Portion of property abutting the southwest corner of Grantee's property as indicated in Attachment A. II. CHARACTER OF EASEMENT. 2. It is the intention of the Parties that the Easement be granted appurtenant to the Dominant Estate, in that the Easement benefits the use and enjoyment of the Dominant Estate by the Grantee. III. EASEMENT PURPOSE. 3. The Easement will benefit the Grantee in the following manner: Grantee will use easement to run a stormwater and treated aerobic septic sewer system discharge pipe from Grantee's property to Grantor's property where it will discharge as indicated in Attachment A. IV. DURATION, BINDING EFFECT, AND TERMINATION. 4. This Easement shall begin on May 14, 2025 5. This Easement will continue until the Parties agree in writing to terminate this Agreement. 6. The Easement shall terminate if the purposes of the Easement cease to exist, are abandoned by the Grantee, or become impossible to perform. 7. This Agreement is made expressly for the benefit of, and shall be binding on, the heirs, personal representatives, successors in interest, and assigns of the respective Parties. V. EXCLUSIVITY OF EASEMENT. 8. The easement, rights, and privileges granted by this Easement are exclusive, and Grantor covenants not to convey any other easement or conflicting rights within the area covered by this grant. VI. GRANTOR'S RIGHTS AND DUTIES. 9. Grantor retains, reserves, and shall continue to enjoy the use of the surface of the land subject to this Easement for any and all purposes that do not interfere with or prevent the use by Grantee of the Easement. 10. Grantor's retained rights include, but are not limited to, the right to build and use the surface of the Easement for drainage ditches and private streets, roads, driveways, alleys, walks, gardens, lawns, planting or parking areas, and other similar such uses without extinguishing or otherwise interfering with the rights of Grantee in the Easement. 11. The Grantor further reserves the right to dedicate all or any part of the property affected by this Easement to any city for use as a public street, road, or alley, if the dedication can be accomplished without extinguishing or otherwise interfering with the rights of Grantee in the Easement. 12. If the Grantor or any of Grantor's successors or assigns dedicates all or any part of the property affected by this Easement, the Grantee and its successors and assigns shall execute all instruments that may be necessary or appropriate to effectuate the dedications. VII. GRANTEE'S RIGHTS AND DUTIES. 13. Grantee shall have the duty to repair and maintain the property subject to the Easement and shall at all times keep the easement property free and open for the benefit of Grantor and any other concurrent user. 14. Grantee shall at all times act so as to safeguard Grantor's property. 15. Grantee shall have the right to keep access to the Easement open. VIII. FAILURE TO PERFORM. 16. Should Grantee fail to perform any covenant, undertaking, or obligation arising under this Easement, all rights and privileges granted shall terminate and the provisions of this Agreement creating the Easement shall be of no further effect. 17. In such a case, within thirty days of receipt of a written demand from Grantor, Grantee shall execute and record all documents necessary to terminate the Easement of record. 18. Should Grantee fail or refuse to record the necessary documents, Grantor shall be entitled to bring an action for the purpose of declaring the Easement to be terminated. The expenses incurred by Grantor in bringing such an action, including attorney's fees, shall be paid by Grantee. IX. INDEMNIFICATION. 19. To the fullest extent permitted by law, Grantee shall and hereby does indemnify, defend and hold harmless Grantor, Grantor's directors, officers, employees, agents and invitees and such persons who are in privity of estate, or to whom Grantor is legally responsible, from and against any and all claims, actions, judgments, damages, liabilities, costs and expenses, including attorneys' fees, in connection with damage to property arising from or out of any occurrence relating, directly or indirectly, to any acts or omissions of Grantee, or Grantee's directors, officers, employees, agents, contractors and invitees in the exercise of any of the rights and privileges granted herein, the use of the Easement Area described herein or otherwise undertaken by Grantee within the Easement Area, or with respect to any breaches or defaults by Grantee hereunder. X. ENTIRE AGREEMENT. 20. This Agreement contains the entire agreement of the Parties, and there are no other promises or conditions in any other agreement, whether oral or written, concerning the subject matter of this Agreement. 21. This Agreement supersedes any prior written or oral agreements between the Parties. Xl. SEVERABILITY. 22. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. 23. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written. construed, and enforced as so limited. XII. AMENDMENT. 24. This Agreement may be modified or amended in writing, if the writing is signed by the Party obligated under the amendment. XIII. GOVERNING LAW AND VENUE. 25. This Agreement shall be construed in accordance with the laws of the State of Illinois. 26. Venue for the resolub►on of any disputes or the enforcement of any nghts ansing out of or in connection with this Agreement shall be the Circuit Court of Kane County. Illinois. Grantee hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County. Illinois for the enforcement of any rights, the resolution of any disputes and'or for the purposes of any lawsuit brought pursuant to this Agreement or the subject matter hereof. XIV. NOTICE. 27_Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested. to the address set forth in the opening paragraph of this Agreement or to such other address as one Party may have furnished to the other in writing. XV.WAIVER OF CONTRACTUAL RIGHTS. 28. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Partys right to subsequently enforce and compel stnct compliance with every provision of this Agreement. IN WITNESS WHEREOF, the Parties execute the Agreement as folioves: EXECUTION: ci1407 (\ v•6 ity of Elgin. ntor AT E . May 14, 2025 Date City Clerk IRIS S. MARA Grantee 3 Date ours ..- .e..C-,-..•.,>». ♦..-....S .4,74 Lagoa Out a C.nt.w+4 y t4 $1 M A.•C b 1 IV.•1..1 aM 59rAN 55 Scanned with 120 CamScanner 3 yer: -RUN SILT FENCE OVER THE ENTIRE RN Attac�--tV TRM SIT FENCE NOS17.11' // PVER UNE DURING CONSTRUCTION NORTHERN PROPERTY UK CfRN M j 151 .43' DURING CONSTRUCTION ry , PROVIDE SWAI E (SEE DETNf1 !b 3N:.I.INu N N Ixvnn.K[ N N N N,� N ..TFF 805Y )4 N ,�It-llrl N N EXISTING WOODEN— KiHE---.. 80150 -.-. FENCE I REMAIN \'..,. '•OH&-.. 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