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HomeMy WebLinkAbout87-0303 Schambach Easement ►� 7-D303 5chcvn bac? AGREEMENT This agreement made and entered into thisri day of MAR•cN , 1987, by and between the CITY OF ELGIN, a municipal corporation organized and existing under the laws of the State of Illinois (hereinafter referred to as "City"), and WILLIAM L. SCHAMBACH and MELODY G. SCHAMBACH (hereinafter referred to as "Owners"), Witnesseth: WHEREAS, Owners are the owners of certain property commonly known as 1495 North McLean Boulevard, Elgin, Illinois, and legally described as: That part of the West half of Section 10, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the intersection of the center line of Wing Street with the North line of vacated Tyler Avenue; thence Northwesterly along the center line of Wing Street 60.0 feet for the point of beginning; thence continuing North- westerly, along said center line 76.47 feet; thence Northwesterly along a line that if extended Northwesterly would intersect the Easterly line of Andresen Brothers Eagle Heights Unit No. I, a subdivision of part of said Section 10 at a point that is 163.6 feet Northeasterly of (as measured along said Easterly line) the North line, extended Westerly of said vacated Tyler Avenue 106.33 feet; thence Southwesterly at right angles to the last described course, 128.69 feet to a point on a line that is 10.0 feet Northerly of (as measured at right angles thereto) and parallel with the said North line of vacated Tyler Avenue; thence Easterly along said parallel line 80.0 feet; thence Northeasterly along a line that forms an angle of 71° 36' 45" to the left with the prolongation of the last described course 45.59 feet to a line drawn Westerly parallel with the said North line of vacated Tyler Avenue from the point of beginning; thence Easterly along said parallel line 65.34 feet to the point of beginning in the Township of Elgin, Kane County, Illinois. WHEREAS, the City desires to repair and restore the McLean Boulevard bridge at Tyler Creek which is located adjacent to the above described property of the Owners; and WHEREAS, in order for the City to complete repair work to the bridge it will be necessary for the City to enter upon and through the Owner's property described above. NOW, THEREFORE, in consideration of the mutual covenants and promises herein set forth it is mutually agreed herein by and between the parties: I. That for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owners do hereby give and grant to the City an easement in, over and upon that portion of the above-described property located at 1495 North McLean Boulevard in Elgin, Kane County, Illinois, as provided in the Plat of Grant of Easement which is attached hereto a made a part hereof by reference as Exhibit A, for the purpose of ingress and egress to the drainage culvert and bridge under McLean Boulevard at Tyler Creek. 2. The City agrees to indemnify and hold the Owners harmless from and against all liabilities, judgments, costs, damages and expenses which may accrue against, be charged to or recovered from the Owners by reason or on account of damage to the property of the Owners or the property of, injury to or death of any person, arising from City's use of and activities at 1495 North McLean Boulevard during the period of con- struction, including acts of its agents, except when caused by the Owners' negligence or by the joint negligence of the Owners and any person other than the City or its agents provided that the Owners shall give the City prompt and timely notice of any claim made or suit instituted which in any way affects the City or its insurer and the City and its insured shall have the right to compromise and defend the same to the extent of their own interests. 3. It is agreed and mutually understood that the City's easement rights to the subject property shall terminate with the conclusion of the City's bridge repair and restoration project, but that in no event shall such easement rights extend beyond one year from the date of this agreement. 4. It is further agreed and mutually understood that nothing in this contract shall be construed or interpreted to mean a partnership, both parties being hereto respon- sible for their separate and individual debts and obligations, and neither party shall be responsible for any agreements not stipulated in this contract. 2 5. The parties hereto do mutually and severally guarantee terms, condi- tions, and payments of this contract, these articles to be binding upon the parties, them- selves, their heirs, executors, administrators, successors and assigns. 6. Witness whereof, the parties have caused this agreement to be executed by the Mayor and City Clerk of the City of Elgin and the Owners William L. Schambach and Melody G. Schambach. CITY OF ELGIN OWNERS By �..�� Mayor William L. Schambach Attest: '`'-� Melody G. ch ach City Clerk Prepared By: William A. Cogley Attorney at Law 150 Dexter Court Elgin, Illinois 60120-5555 3