HomeMy WebLinkAbout83-1121 First National Bank Recorded •
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State of Illinois
County of Kane ss Certificate of City Clerk
City of Elgin
I, Marie Yearman, DO HEREBY CERTIFY that I am the City Clerk of the City of Elgin,
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 authorizing execution of an agreement
.w.i.t h..F.i.r.s.t..Nat.i ona]..8a nk.of...E.1.g.i.n
the original-of whichiis,entrusted to my care for safe keeping.
In Witness`Whereof;.I have hereunto set my hand and affixed the corporate seal of the
:Citi,,,#Flgin•at the said City in;the County and State aforesaid this 28 th day of
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C Clerk.
(SEAL)
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RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
FIRST NATIONAL BANK OF ELGIN
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, co
that Leo Nelson, City Manager, be and is hereby authorized and directed
to execute an agreement on behalf of the City of Elgin with First National - c0
Bank of Elgin to permit a permanent structure in a public utility easement,
a copy of-which agreement is attached hereto and made a part hereof by
reference.
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s/ Richard L. Verbic •
Richard L. Verbic, Mayor -�z_
Presented: November 21, 1983 2 >rri
Adopted: November 21 , 1983
Vote: Yeas .5 Nays 0 m Co
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Recorded: -°
Attest: -CD
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Si Marie Yearman
Marie Yearman, City Clerk
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This instrument prepared by:
Daniel P. Blondin
Assistant Corporation Counsel
City of Elgin
150 Dexter Ct.
Elgin, Ill . 60120
695-6500
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AGREEMENT
PERMITTING PERMANENT STRUCTURE IN
PUBLIC UTILITY EASEMENT
WHEREAS, the City of Elgin (hereinafter referred to as "Elgin") is
the owner of a certain public utility easement pursuant to the Tyler Creek
Plaza plat of subdivision dated March 21, 1983 and recorded August 24,
1983 as Document Number 1650586 in Kane County, Illinois; and
WHEREAS, the First National Bank of Elgin, a national banking
association of Elgin, Illinois (hereinafter referred to as "Bank") desires
to construct a drive-through banking facility upon, in and above said ease-
ment; and
WHEREAS, there is located in said easement a storm sewer, owned and
maintained by Elgin; and
WHEREAS, both parties agree it is necessary and desirable to enter
• into this agreement to permit the construction of Bank's proposed improvement
and to protect Elgin's storm sewer.
NOW, THEREFORE, in consideration of the mutual promises contained
herein the parties agree as follows:
1. agrees true abovewithin tb�e twenty Elgin Bank may construct l.il.\, and ua�. LY...i1t jT (20)
foot public utility easement located along the west side of Lot 2 of the
Tyler Creek Subdivision as shown on the plat of subdivision dated March 21,
1983 and recorded in the office of the Recorder of Deeds, Kane County,
Illinois on August 24, 1983 as Document Number 1650586, certain support
columns and other improvements related to the construction of a building
on said Lot 2 in conformance with the plans and specifications prepared by
Schaffer Bonavolonta Architects, Inc. , 24 West Erie Street, Chicago, Illinois
60610 and dated November 1, 1983.
2. Bank shall indemnify and hold harmless Elgin from any claim,
suit, action, loss, damage or liability due to the installation, maintenance
or existence of the above described improvements.
3. Bank shall be liable for and shall promptly reimburse Elgin
for repairing or shall itself repair any damage or injury to Elgin's storm
sewer due to the installation, maintenance or existence of the above described
improvements. In the event such damage or injury occurs, the parties shall -
cooperate so that repairs are completed quickly and competently. In the
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event protective measures are reasonably required in the opinion of Elgin
to safeguard the storm sewer, Bank shall, at Bank's expense, cause same
to be done.
4. In the event it becomes necessary to repair, maintain or
replace E1 in s storm sewer, Elgin shall havewor
k
gg the right to do all
necessary and shall not be liable to Bank for any damage, claim, loss or
injury to Bank's aforesaid improvement, necessary to complete said work.
Bank agrees to reimburse Elgin for any excess costs incurred by Elgin as
a result of Bank's use of the easement area, as hereinabove set forth.
5. This agreement shall be binding on all parties, their heirs,
successors and assigns.
6. Except as provided herein, the easement described in paragraph 1
shall remain in full force and effect.
Dated this day of t> a.-, 19 3.
CITY F ELGIN
By
FIRST NATIONAL BANK OF ELGIN
BY - \
EPC. J.V •
This Instrument Prepared by:
Daniel P. Blondin
Assistant Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
695-6500.
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