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HomeMy WebLinkAbout87-0923 Sentry Construction RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH SENTRY CONSTRUCTION, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an Easement Alteration Agreement on behalf of the City of Elgin with Sentry Construction, Inc. for Lots 251 and 252 of Unit B of Valley Creek, a copy of which is attached hereto and made a part hereof by reference. s/ George Van De Voorde George VanDeVoorde, Mayor Presented: September 23, 1987 Adopted: September 23 , 1987 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk EASEMENT ALTERATION AGREEMENT This agreement made this 2,-J7-day of September , 1587 , bu art between SENTRY EONS T RUE T I DN, INE . , an Illinois corporation (OWNER) and the Eitg of Elgin , an Illinois municipal corporation (CITY ,EITYD , . WITNESSETH I . WHEREAS, Owner represents that it is the owner of Lots 251 and 252 of Unit 8, of Valley Ereek in the City of Elgin , Kane Eountg , Illinois, and WHEREAS, Owner desires the Eitg of Elgin to _vacate and abrogate the portion of the Easement on Lot 252 set forth or: Exhibit A , attached hereto , and made apart hereof and grant to the E itu an easement on Cot 281 as set forth on Exhibit atter_-ed hereto and made apart hereof , and WHEREAS, for the consideration of whichthe Owner wii move the existing underground storm drainage line . The Parties Agree as Follows: 1 . The Eitg shall abrogate and quit claim all right, title and interest in its easement onto the property shown on Exhibit A . 2 . The Owner shall grant the Eitg of Elgin an easement as set forth in Exhibit E . 3 . The Owner shall pay all of the expenses of moving the existing underground storm drainage lines to a location in the 10 ' easement contained in the remaining 5 ' of easement after the abrogation described in paragraph 1 and the granting of new easement described in paragraph 2, in a manner approved by the Eitg of Elgin ' s Engineering Division . i . The Owner shall deposit with the Eitg of Elgin a sum of money equal to 110% of the estimated cost of the improvements described in paragraph E . The estimate shall be approved by the Engineering Division , D . The Eitg shall release the sum to Owner satisfactory completion of the improvements . 8 . The Owner shall defend and indemnify the City for all act- arising out of the performance of this agreement , A IN WITNESS WHEREOF , the Owner and Citu above executed this document on the date above set Forth . SENTRY CONSTRUCTION, INE . CITY OF ELS IN ? /(- Mi I Young , President Nagar Attest : Secretarg Attest: Olark SEAL SEAL. F f l (-e- September 16, 1987 MEMORANDUM TO: Mayor and Members of the City Council FROM: City Manager SUBJECT: 2176 Niagra Court Easements PURPOSE: This memorandum will provide the Mayor and Council with information to consider changes in the above subject easement . BACKGROUND: The contractor who built the house as 2176 Niagra Court , Sentry Construction, placed the home within the existing 10-foot easement on the property and over the 21 " storm sewer in the easement . The contractor has submitted two plats to both vacate a portion of the easement and another plat to dedicate a five foot easement to the City. The contractor has also submitted an agreement that would assure the City that the storm sewer will be replaced in a manner that is satisfactory to the City. A copy fo the plats and the agreement are attached for your consideration. FINANCIAL IMPACT: The cost of filing the above plats with the Kane County Clerk would be born solely by the contractor , Sentry Construction. RECOMMENDATION: It is recommended that staff be directed to prepare the necessary documents to execute the plats of vacation and dedication. City Manager Attachment