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HomeMy WebLinkAbout83-0314B Larkin Easement 8. 83-034433 74. : , VOLUME )(LVIII RESOLUTION ACCEPTING EASEMENTS FOR SANITARY SEWER PURPOSES ( (Larkin Avenue, between Lyle Avenue and Airlite Street) - BE IT. RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS1 that it hereby accepts easements for sanitary sewer purposes. from The Union National Bank 4 Trust Co., as Trustee U/W/A dated November 27, 1968 and known as Trust NO. 611 for the construction, repair, replace- ment, operation and maintenance of a sanitary sewer along Larkin Avenue, between Lyle Avenue and Airlite Street, a copy of which is attached hereto as Exhibit A. - BE IT FURTHER RESOLVED that the City Council is hereby authorized and directed to cause the grant of easements hereby accepted to be recorded in the office of the Recorder of Deeds Of Kane County, Illinois. s/ Richard L. Verbic Richard L. Verbic,-Mayor - Presented: March 14, 1983 Adopted: March 14, 1983 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yea man Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING EASEMENTS FOR SANITARY: SEWER PURPOSES (Larkin Avenue; between Lyle and Airlite) Councilman Rauschenberger made a motion, seconded by Councilman Schmidt ,to adopt the aforementioned resolution, Yeas : Councilmen Castillo, Gilliam, Hansen, Rauschenberger, Schmidt, Waters and Mayor Verbic. Nays : None. 4 EASEMENT GRANT THIS GRANT OF EASEMENT, made this 14th day of March, 1983, from THE UNION NATIONAL BANK & TRUST CO . AS TRUSTEE U/W/A dated 11 /27/68 AND KNOWN AS TRUST NO . 611 hereinafter called the "Grantor( s ) " , to the CITY OF ELGIN , a municipal corporation , organized and existing under the laws of the State of Illinois , hereinafter called the "City" . WHEREAS , the City is about to construct a sanitary sewer, with appurtenances thereto, as a local improvement referred to as the Larkin Avenue Sanitary Sewer, hereinafter called the "sewer" ; and WHEREAS in order to construct the sewer, it is necessary that the City obtain the perpetual right , privilege and authority to construct , reconstruct , repair, maintain and operate a portion of the sewer, under and through the premises hereinafter described ; and WHEREAS , the Grantor( s ) ( is ) (are) willing to grant said perpetual easement for said purposes to the City upon the terms and conditions herein set forth . NOW, THEREFORE , in consideration of the sum of Five Dollars ($5 .00) in hand paid by the City to Grantor( s ) and other good and valuable consideration, the receipt of which is hereby acknowledged, and the covenants and conditions hereinafter contained , the Grantor( s ) hereby grant , assign , set over , sell and quit claim to the City a perpetual easement for the purpose of constructing , repairing , replacement , operation - 1 - Exhibit A and maintenance of a sanitary sewer, and a temporary easement of 40 feet in width adjacent to the permanent easement for construction purposes . The temporary easement shall expire 6 months after the confirmation of the proposed special assessment unless extended by the Grantor( s ) , specifically described in Exhibit A , which is attached hereto and made a part hereof by reference . AND FURTHER IN CONSIDERATION of the grant of the easement , the easement granted is subject to the following conditions : FIRST : The sewer shall be constructed under and through the permanent easement, in accordance with the plans and specifications heretofore prepared by the City and without cost to Grantor except such amount as may be levied against Grantor ' s property as a special assessment for the making of the improvement . SECOND: The City expressly assumes all responsibility for , and shall save and keep harmless the Grantor( s ) against any loss , damage, cost or expense (other than such amount as may be levied as a special assessment ) which ( it ) ( they) may suffer, incur or sustain , or for which ( it) ( they) might become liable growing out of any injury to or death of persons , or loss , or damage to property, arising out of or caused in the performance of any work done by or under the authority of City by virtue of the rights grunted herein. In the event of the bringing of any action , suit , or suits , against Grantor( s ) growing out of such loss , damage, cost or expense , Grantor( s ) shall give written notice to the City of the commencement of such action, suit or suits , within twenty days of receipt of notice of such action or suit , -2- and thereafter the City shall be entitled to assume the defense thereof . The City shall save and keep harmless the Grantor( s ) from any claims for mechanics liens by reason of any construction work, repairs , replacements , or other work, or for any improvements made or placed upon or to the permanent easement by the City . All provisions of this paragraph are applicable only as to the work done under contract with and under the express provisions and authority of the City . The City shall maintain such insurance as will protect against claims under Workmen ' s Compensation Act , and against claims for damages caused by bodily injury , including death, which may arise from and during construction under the terms of this Grant of Easement . THIRD : The rights and obligations of the Grantor( s ) and the City hereunder shall inure to the benefit of and be binding upon their respective successors and assigns , and all terms , conditions and covenants herein shall be construed as covenants running with the land. FOURTH : After the sewer has been constructed and placed in operation : (a) The Grantor( s ) may use the surface of said real estate, it being understood , however , that such use shall not in any manner interfere with or damage the sewer, and that the City shall have the right of access to said real estate at all times from the nearest highway or street for the purpose of reconstruction , repair , maintenance or for the operation of the sewer . (b) The Grantor( s) ingress and egress to their property shall not be obstructed by reason of the sewer . (c) The Grantor( s ) agree( s ) that no buildings or other structures shall be constructed over the permanent easement . -3- (d) The Grantor( s ) reserve( s ) the right to construct a fence or fences over the permanent easement . (e) The Grantor( s) reserve( s ) the right to connect lateral sewers to manholes , if any, installed within the permanent easement , at Grantor ' s expense. ( f) The Grantor( s ) reserve( s ) the right to dedicate all or any part of their property for street or roadway purposes subject to City ' s easement . (g) Anything contained herein to the contrary notwith- standing Grantor ( s ) reserve ( s ) the right to construct and maintain driveways , sidewalks , landscaping, light poles , curbs , parking lot improvements and appurtenances thereto upon and above the surface of the permenent easement , provided the City shall not be required to bear any costs in connection therewith ; however any such improvements shall be removed at Grantor ' s expense in the event that access to the sewer is obstructed and access by City is necessary . FIFTH : The City agrees to replace all property pins disturbed during construction. IN WITNESS WHEREOF , the Grantor has caused this instrument consisting of five pages , including Exhibit A and this page to be executed by the Grantor . THE UNION NATIONAL BANK & TRUST CO . AS TRUSTEE U/W/A DATED 11 /27/68 AND KNOWN AS TRUST NO. 611 . By ATTEST : CITY OF ELGIN By ATTEST : -4-