HomeMy WebLinkAbout90-0314 Keafer Easement t
MD-031 4-
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RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
MICHAEL E. KEAFER AND ANN L. KEAFER s,`
(50 North Liberty Street)
3E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
;eorge VanDeVoorde, Mayor, and Marie Yearman, City Clerk, be and are hereby
:rized and directed to execute an agreement on behalf of the City of Elgin with
cel E. Keafer and Ann L. Keafer for a temporary construction easement to permit i 4r
?tallation of a watermain at 50 North Liberty Street, a copy of which is attached
and made a part hereof by reference. `''
s/ George VanDeVoorde 4
George VanDeVoorde, Mayor 4'_i
anted: March 14, 1990
)ted: March 14 , 1990
Yeas 5 Nays 0 ;y
„:ded:
i0: Q.',
'xarie Yearman
:Yearman, City Clerk • ,`
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,
RESOLUTION ADOPTED AUTHORIZING EXECUTION ;})
c. OF AN AGREEMENT WITH DAVID J . FRITZ , SR. `
AND BONNIE L. BARR-FRITZ ( 54-56 ) N. Liberty)
s,.
cilwoman Moylan made a motion, seconded by Councilman
vers to adopt the aforementioned Resolution. Yeas : Councilmen k` `
Mo lan Po le :
Walters and Ma or VanDeVoorde. Na s '
Y PP
Y Y 1, ,/ , ,
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AGREEMENT
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This agreement made and entered into this IS' day of FEBR4 Aley , I9i ,
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 Midc ( C } Ai J I_ Wec4 Pr (hereinafter referred to as "Owner"), Witnesseth:
WHEREAS, Owner is the owner of certain property commonly known as
50 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 except the South 3 feet 6 inches of the West 30 feet
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 50 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 50 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
•
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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 agreement to be executed
by the Mayor and City Clerk of the City of Elgin and the Owner PA;ehaei Ann 144 Ger•
CITY OF ELGIN OWNER (.) "se/
Xc2
Mayor
Attest: & J
fit-Q-J CC�t�
City Clerk
Prepared By: Kathleen A. McCarthy
Attorney at Law
I50 Dexter Court
Elgin, Illinois 60120-5555
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50 L/BERTY 54-56 L/BERTY q
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—10" 20„4J 20•`t..� 4t -...°°;* .5' 015” .= 0IS" 15"C) ' ':./
PROPOSED 16" WATERMAIN
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I" = 20'
- - - P -- LIBERTY ST.
7
w I PROPERTY OWNER 'S INITIALS ! .
a DATE .2-1-90
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Z' TEMPORARY CONSTRUCTION EASEMENT
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NOTE:
'f►LL RETAINING WALL ALONG SIDEWALK WILL BE '•'•:•''t';,-•'.•;:: • CONCRETE AREA TO BE REMOVED AND REPLACED
REMOVED AND REPLACED. -=''_:::,:.4:• AS PART OF PROJECT
1LL GRASS AREAS DISTURBED DURING CONSTRUCTION
WILL BE REPLACED WITH SOD. V/1,7/1:4.
AREA OF TEMPORARY EASEMENT. CONCRETE IN THIS
CARE WILL BE TAKEN TO NOT DAMAGE EXISTING TREES. I' /,' A'/, WILL BE REPLACED IF NECESSARY
DAMAGED SIDEWALKS. STEPS AND DRIVEWAYS WILL BE REPLACED
EXHIBIT A