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Home My WebLink About91-0906 American National Bank Grant qi- D906 GRANT OF BICYCLE PATH EASEMENT This Grant of Bicycle Path Ease ent (the "Agreement" ) is made and entered into this day of , 1991 , by and between AMERICAN NATIONAL BANK OF ELGIN (the "Grantor" ) and the CITY OF ELGIN, a municipal corporation of the State of Illinois (the "Grantee" ) : W I T N E S S E T H: WHEREAS, Grantor is the owner of that certain parcel of land in the City of Elgin, County of Kane and State of Illinois, legally described on Exhibit A attached hereto and by this reference made a part hereof (the "Easement Parcel " ) . AND WHEREAS, Grantor desires to grant and Grantee desires to receive, upon and subject to the terms and conditions herein provided, a perpetual easement over and across the Easement Parcel for bike path purposes. NOW, THEREFORE, in consideration of Ten and no/100 Dollars, the mutual covenants and agreements of the parties hereto and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1 . Subject to the terms of this Agreement and to all covenants, conditions, restrictions and easements of record together with claims of third parties not of record, Grantor hereby grants, gives and conveys to Grantee, its successors and assigns, a perpetual and non-exclusive easement over and across the Easement parcel , for the sole and exclusive purpose of providing a bicycle path (the "Bike Path" ) for public use . 2 . Grantee shall , at Grantee' s sole cost and expense, construct the Bike Path on the Easement Parcel using reasonable care, skill and diligence. Further, Grantee shall , at Grantee's sole cost and expense, maintain the Bike Path in good repair and condition notwithstanding any transfer by Grantee of the rights granted under this Agreement, unless Grantor first consents to any transfer by Grantee in which case Grantee shall have no further maintenance obligation. Grantor shall have no duty to construct or maintain the Bike Path or contribute toward the cost of the construction or maintenance of the Bike Path. 3. Grantee agrees to indemnify and hold Grantor harmless from and against any and all claims, suits, damages, costs, loss, liability or expense resulting from or connected with any construction or maintenance on the Easement Parcel . Grantee agrees to indemnify and hold Grantor harmless from and against any and all liability, claims, suits, damages, costs , loss and expense arising from the use of the Easement Parcel by a member or members of the public or otherwise. These indemnification obligations of Grantee contained in this paragraph 3 shall be binding on Grantee notwithstanding any transfer by Grantee of the rights granted under this Agreement, unless Grantor first consents to the transfer by Grantee in which case Grantee shall have no further obligation to indemnify and hold Grantor harmless. 4 . Grantee shall , at Grantee's sole expense, repair any damage to property owned by Grantor by reason of the construction or maintenance of the Bike Path , including vegetation, parking lots and fences. 5. Grantee represents that the easterly line of the Easement Parcel is westerly of the existing fence running parallel with the Easement Parcel . 6. Grantee further represents that it will take no action which would either (a) alter the current existing storm water run off from Grantor' s property to the east of the Easement Parcel ; or ( b) alter the grade of the Easement Parcel which would allow any storm water run off to run easterly toward Grantor's property easterly of the Easement Parcel . 7 . Subject to the terms of this Agreement, Grantor reserves the right to grant access, utility or other easements over, upon , and under the Easement Parcel as well as the right to use the Easement Parcel in such a manner as Grantor shall deem proper provided such use does not interfere with the rights granted under this Agreement. 8. Grantee shall not permit any lien to stand against the Easement Parcel for any labor or materials in connection with work of any character on the Easement Parcel . In the event of any such lien attaching to the Easement Parcel , Grantee shall immediately have such lien released and indemnify Grantor for any loss, cost or liability by reason of said lien. 9. Grantor and Grantee agree to promptly execute and record a Release of Easement if Grantee or the public abandons the use of the Bike Path for more than one year. 10. In the event it becomes necessary for Grantor or its successors and assigns to enforce this Agreement, Grantor or its successors and assigns shall be entitled to the recovery of any and all costs and attorney's fees incurred in such enforcement. 11 . All provisions of this Agreement, including the benefits and burdens, shall run with the land and are binding upon and inure to the benefit of all parties having or acquiring any right, title or interest in or to any portion of, or interest or estate in, the Easement Parcel . IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written . GRANTOR: AMERICAN_ NATIONAL N ELGIN By: A EST : GRANTEE: CITY OF ELGIN By: Its ATTEST: Its EXHIBIT A THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 41 NORTH , RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 3 IN BLOCK 20 OF J .T. GIFFORD'S PLAT OF ELGIN , BEING A SUBDIVISION OF PART OF SECTIONS 13 AND 14, TOWNSHIP AND RANGE AFORESAID; THENCE SOUTH 56 DEGREES 55 MINUTES 03 SECONDS WEST, ALONG THE SOUTHERLY LINE OF SAID LOT 3, ALSO BEING THE NORTHERLY LINE OF LOT 4 IN SAID BLOCK 20 , A DISTANCE OF 221 .34 FEET; THENCE SOUTH 32 DEGREES 22 MINUTES 24 SECONDS EAST, A DISTANCE OF 57 .00 FEET TO A LINE THAT IS 57 .00 FEET, AS MEASURED PERPENDICULAR, SOUTHERLY OF AND PARALLEL WITH THE SAID NORTHERLY LINE OF LOT 4 FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 32 DEGREES 22 MINUTES 24 SECONDS EAST, A DISTANCE OF 130. 98 FEET TO THE. NORTHERLY LINE OF EAST CHICAGO STREET PER DOCUMENT NO. 867708; THENCE SOUTH 62 DEGREES 38 MINUTES 19 SECONDS WEST , ALONG SAID NORTHERLY LINE, TO THE EASTERLY SHORE LINE OF THE FOX RIVER; THENCE NORTHERLY, ALONG THE SAID EASTERLY SHORE LINE, TO A LINE THAT IS PARALLEL WITH THE SAID NORTHERLY LINE OF LOT 4 AND PASSES THROUGH THE POINT OF BEGINNING; THENCE NORTH 56 DEGREES 55 MINUTES 03 SECONDS EAST, ALONG SAID PARALLEL LINE, TO THE POINT OF BEGINNING. BEING SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. / in El 8•944.n , Agenda Item No . OF 8 (114) v� eat, lpq)CD nog' September 18, 1991 MEMORANDUM TO: Mayor and Members of the City Council FROM: City Manager SUBJECT: River Bank Bike Path Phase II Bicycle Path Easement PURPOSE: This memorandum will provide the Mayor and Council 1 with information to consider accepting the subject easement from the American National Bank of Elgin. BACKGROUND: The City Council directed the staff to acquire easements for the portion of the River Bank Bike Path Phase II at their August 28, 1991 meeting. The Council accepted an easement from First Federal of Elgin at their September 11, 1991 Council Meeting. American National Bank of Elgin has provide the City with a signed easement document which is acceptable and can be recorded. FINANCIAL IMPACT: The cost of the recording of this document will be approximately $250 . 00 and could be paid from the Parks Departments budget. RECOMMENDATION: It is recommended that the City Council direct the staff to prepare the necessary resolution authorizing the Mayor and City Clerk to execute the Bicycle Path Easement with the American National Bank of Elgin and that the City Clerk also be authorized to file the easement with the Kane County Recorder's Office. A copy of the easement is attached for your consideration. ae, _ < tc Larry L. Rice, City Manager Attachments Elm n �_OF��,r lc)Agenda Item No. E September 5, 1991 MEMORANDUM TO: Mayor and Members of the City Council FROM: City Manager SUBJECT: River Bank Bike Path Phase II Bicycle Path Easement PURPOSE: This memorandum will provide the Mayor and Council with information to consider accepting the subject easement from First Federal of Elgin. BACKGROUND: The City Council directed the staff to acquire easements for the portion of the River Bank Bike Path Phase II at their August 28, 1991 meeting. Both of the property owners have been approached and they have agreed to the easements at no cost to the City. First Federal of Elgin has provide the City with a signed easement document which is acceptable and can be recorded. The American National Bank is working with the easement document for their property. FINANCIAL IMPACT: The cost of the recording of this document will be approximately $250 .00 and could be paid from the Parks Departments budget. RECOMMENDATION: It is recommended that the City Council authorize the Mayor and City Clerk to execute the Bicycle Path Easement with First Federal of Elgin and that the City Clerk also be authorized to file the easement with the Kane County Recorder's Office. A copy of the easement is attached for your consideration Larr' . ice 'ty Manager Attachments • II Elm �l *P4rtD PE81. -��; Agenda Item No. � July 18, 1991 MEMORANDUM TO: Mayor and Members of the City Council FROM: City Manager SUBJECT: Bike Path - Phase II Acquisition of Easements PURPOSE: This memorandum will provide the Mayor and Council with information to consider the acquisition of the easements necessary to complete this phase of the Bike Path through the Center City. BACKGROUND: The work on the Bike Path is proceeding. Phase I is almost complete and Phase II is quickly approaching its start. As part of Phase II, a bridge will be installed from the north end of the lower Riverside Deck to the area west of the Post Office at Highland Avenue. In order to make this location possible, it will be necessary to secure an easement from both First Federal of Elgin Savings and Loan and American National Bank of Elgin. A sketch is attached for your information. FINANCIAL IMPACT: The cost of these easements, including the cost of recording with the Kane County Clerk, should not exceed $5,000 . The funds for these easements would come from the Parks Development Fund for the Bike Path. RECOMMENDATION: It is recommended that the City Council direct the staff to approach both First Federal and American National Bank of Elgin to acquire the 10-foot wide easements to construct the remainder of the Bike Path through the Center City. La ity Manager Attachment PROPOSED EASE ME NT UNDER RIVERSIDE DR. HIGHLAND ' ' AVENUE CHAIN LINK FENCE 4 -n FIRST O FEDERAL BANK OF ELGIN P.C.C. RETAINING WALL I 1*1 N -- -- x I - AMERICAN NATIONAL r BANK OF PROPOSED 10' 1 ELGIN EASEMENT x I• GUARD RAIL ; E. CHICAGO S T EizFFT ORTH = so' ± I 1 #- O31Y3S /•