HomeMy WebLinkAbout90-0314 Fritz Easement VOLUME LV
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH 1
DAVID J. FRITZ, SR. AND BONNIE L. BARR-FRITZ
zp, (54-56 North liberty Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINO
that George VanDeVoorde, Mayor, and tlerie Yearman, City Clerk, be and are herr
authorized and directed to execute on moment on behalf of the City of Elgin s
;;. David J. Fritz, Sr. and Bonnie L. Barr-Fritz for a temporary construction easement 1
permit the installation of a watermain ct 34-56 North Liberty Street, a copy of whici
attached hereto and made a part hereof by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor p
Presented: March 14, 1990
Adopted: March 14 , 1990
Vote: Yeas 5 Nays 0
Recorded:
Attest:
p +`
s/ Marie Yearman
Marie Yearman, City Clerk
4
RESOLUTION ADOPTED .AUTHORIZING EXECUTION
OF A PLAT VACATING, IN PART, A CERTAIN
DRAINAGE EASEMENT IN THE FOX RIVER BUSINESS
CENTER
Councilwoman Moylan made a motion, seconded by Councilman ' ti
Walters to adopt the aforementioned Resolution. Yeas: Councilm=
Fox, Moylan, Popple, Walters and Mayor VanDeVoorde. Nays: 1
None.
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AGREEMENT
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This agreement made and entered into this„) day of �;cF�pcC 1989,
by and between the CITY OF ELGIN, a municipal corporation organized and existing
under the Iaw_of the State of Illinois (hereinafter referred to as "City"),
(hereinafter referred to as "Owner"), Witnesseth:
WHEREAS, Owner is the owner of certain property commonly known as
54-56 North Liberty Street, Elgin, Illinois, and legally described as:
That part of the Northeast Quarter of Section 13, Township 41 North,
Range 8 East of the Third Principal Meridian, described as follows: The
East 133 feet 2 inches of Lot 4 and the South 3 1/2 feet of the West 30 feet
of the East 133 feet 2 inches of Lot 2, Block 2, Central Park Addition in
Elgin, Kane County, Illinois.
WHEREAS, the City desires to install a watermain; and
WHEREAS, in order for the City to complete installation of said watermain it
will be necessary for the City to enter Owner's property and conduct a portion of the
installation from said property.
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein set forth it is mutually agreed herein by and between the parties:
I. For and in consideration of one (I) dollar in hand paid, and other good and
valuable considerations, the receipt and sufficiency of which are hereby acknowledged,
the Owner does hereby give and grant to the City an easement in, over and upon the east
10 feet of the above-described property located at 54-56 North Liberty Street in Elgin,
Kane County, Illinois, for the purpose of installation of the watermain. (See Exhibit A).
2. The City agrees to indemnify and hold the Owner harmless from and
against all liabilities, judgments, costs, damages and expenses which may accrue against,
be charged to or recovered from the Owner by reason or on account of damage to the
property of the Owner or the property of, injury to or death of any person, arising
directly from City's use of and activities at 54-56 North Liberty Street during the period
of construction, including acts of its agents, except when caused by the Owner's
negligence or by the joint negligence of the Owner and any person other than the City or
its agents provided that the Owner 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 installation project,
but that in no event shall such easement rights extend beyond September I, 1990.
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
responsible for their separate and individual debts and obligations, and neither party shall
be responsible for any agreements not stipulated in this contract.
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 agre ment to be ex cuted
by the Mayor and City Clerk of the City of Elgin and the Owner
CITY OF E GIN OWNER
By A-Gt/L.Gail--t(2C..• awls_
Mayor /
Attest:
City Clerk
Prepared By: Kathleen A. McCarthy
Attorney at Law
150 Dexter Court
Elgin, Illinois 60120-5555
50 L/BERTY 54-56 LIBERTY
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♦ 20..O :..• 20'10 :•;4;...c..1:s ';\ 3.5 IS" Ia" 15"C '
PROPOSED 16" WATERMAIN
I" = 20'
- 1 - - L I BERTY ST. _'
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w O INITIALS PROPERTYOWNER S lNl lA S s -
a DATE \I-31-q.9
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Z I TEMPORARY CONSTRUCTION EASEMENT
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NOTE:
ALL RETAINING WALL ALONG SIDEWALK WILL BE .:..'';:•,•.';:'•• CONCRETE AREA TO BE REMOVED AND REPLACED
REMOVED AND REPLACED. •-•,.::,•' •`. =:•'�:. AS PART OF PROJECT
ALL GRASS AREAS DISTURBED DURING CONSTRUCTION
WILL BE REPLACED WITH SOD. �� v AREA OF TEMPORARY EASEMENT. CONCRETE IN THIS
CARE WILL BE TAKEN TO NOT DAMAGE EXISTING TREES. I/,' ' ,'%� WILL BE REPLACED IF NECESSARY
DAMAGED SIDEWALKS, STEPS AND DRIVEWAYS WILL BE REPLACED
EXHIBIT A