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Home My WebLink About96-143 Recorded r Resolution No. 96-143 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR TREES (Woodbridge South - Phase V) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes execution of an Easement Agreement for trees for the property legally described as follows : Lots 501 through 557 inclusive, in Woodbridge South, Phase V, being a subdivision in the North Half of Section 33, Township 41 North, Range 8, East of the Third Principal Meridian in Kane County, Illinois, recorded on 22 March 1995 as Document No. 95 No. 15223 . BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Easement Agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois . s/ Kevin Kelly Kevin Kelly, Mayor Presented: May 8, 1996 Adopted: May 8, 1996 Omnibus Vote: Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk FILED FOR RECORD MANE COUNTY. ILL. 96K035778 96MAY 15 PM 3: 30 4." RECORDER EASEMENT AGREEMENT BETWEEN AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO AND CITY OF ELGIN 4) 0. VI cl t2 A 4> 0 After recording return to: Dolonna Mecum Elgin City Clerk �Vi(17,1�, 150 Dexter Court Elgin, IL 60120 Co ("5) IL I 96 )( 035778 DRAFT 2/2/96 RAGREE/EASEMENT.WS EASEMENT AGREEMENT This agreement is made March 25 , 1996 , by and between the City of Elgin, Illinois, a municipal corporation (City) , and American National Bank and Trust Company of Chicago, not individually, but as trustee under Trust No. 109526-04(Owner) Owner is the owner of certain real estate located in the City of Elgin, County of Kane, State of Illinois, legally described as follows : LOTS 501 THROUGH 557 INCLUSIVE, IN WOODBRIDGE SOUTH, PHASE V, BEING A SUBDIVISION IN THE NORTH HALF OF SECTION 33 , TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN IN KANE COUNTY, ILLINOIS , RECORDED ON 22 MARCH 1995 AS DOCUMENT NO. 95 NO. 15223 and which shall be referred to hereinafter as the "easement premises" ; and The easement premises comprise a subdivision of land approved by the City in accordance with the provisions set forth in Title 18 of the Elgin Municipal Code; and As a condition of obtaining the City's approval for the subdivision of land, Owner agrees to abide by and comply with the provisions set forth in Title 18 of the Elgin Municipal Code; and Title 18, Chapter 18 . 28, Section 18 . 28 . 050 of the Elgin Municipal Code specifies required improvements for streets in subdivisions of land; and Section 18 .28 . 050 (J) of the Elgin Municipal Code states, in pertinent part, that "trees having a trunk diameter, measured six inches above the ground, of not less than two and one-half inches shall be planted not more than forty ( 40) feet apart along both sides of all streets where trees do not exist. This requirement will be satisfied if an equivalent number of trees of the same size or larger are planted in a naturalistic manner in the front yards of lots abutting the street; " and The Owner has elected to locate various utility lines in the areas commonly referred to as the parkway or tree bank of the easement premises , preventing the Owner from planting trees along the street in those areas; and To fulfill the conditions set forth in Section` 18 . 28 . 050 (J) , the Owner will be planting trees in the front 96 ; 035778 • yards of each zoning lot abutting a street within the easement premises; and The Owner and the City have determined that it is in their best interest for the Owner to grant, and the City to accept, an easement for planting, replacing, maintaining and removing trees in the front yards of each zoning lot abutting a street within the easement premises ; Therefore, in consideration of the foregoing, the Owner and the City mutually agree as follows : 1 . The Owner hereby grants and conveys to the City an eight-foot perpetual easement across the front yard of each zoning lot abutting a street within the easement premises and all appurtenances thereto (the "Easement" ) ; legally described in Exhibit A, Plat of Easement, which is attached hereto and made a part hereof; to plant, replace, maintain and remove trees, together with all reasonable rights of ingress and egress across adjoining lands owned by the Owner necessary for the exercise of the rights herein granted, subject to the terms and conditions hereinafter set forth. 2 . The rights of ingress and egress herein granted across the adjoining lands of Owner shall be exercised and used in such a manner as not to cause any damage or destruction of any nature whatsoever to or interruption of the use of the adjoining lands owned by the Owner. 3 . The City agrees that the use hereby granted shall be limited exclusively to planting, replacing, maintaining and removing trees and uses incidental thereto. 4 . The City agrees that the Owner shall have the right to grant other nonexclusive easements over, along, or upon the Easement; provided, however, that any such other easements shall be subject to the Easement hereby granted; and provided, further, that the City shall have first consented in writing to the terms , nature and location of any other such easements as not interfering with the rights granted hereunder. 5 . Owner hereby reserves the right to use the premises in any manner that will not prevent or interfere with the exercise by the City of the rights granted hereunder; provided, however, that Owner shall not obstruct, or permit to be obstructed, the Easement Premises at any time whatsoever without express prior written consent of the City. 6 . Owner agrees that the City may assign the rights granted to it hereunder to any assignee who demonstrates sufficient competence and gives adequate assurances that any work to be performed pursuant to such assignment shall be conducted in a skillful manner, and that Owner ' s interest in Page 2 of 3 ; 6K035778 the Easement shall be protected to the same extent as hereunder. 7 . The City shall be responsible solely for the planting, maintaining, replacing and removal of trees located within the Easement, and that Owner shall maintain all remaining portions of the Easement in good condition and repair. 8 . The Owner, its successors, assigns, transferees and grantees agree that it will not hold the City liable for any claims or actions in law or equity which may arise out of, or as a consequence of the negligence of the Owner, or its authorized agents, servants or employees, in maintaining, repairing and utilizing the portions of the Easement where trees are not located. 9 . All rights, title and privileges herein granted, including all benefits and burdens , shall run with the land and shall be binding upon and inure to the benefit of the parties , their respective heirs, executors , administrators, successors, assigns and legal representatives . In witness whereof, the parties have executed or have caused this instrument to be executed by their proper officers duly authorized to do so. CITY OF ELGIN, a municipal corporation By e-ti—�-- Mayor Attest: AMERICAN NATIONAL BANK AND TRUST City Clerk COMPANY OF �ICAGO, Trustee as aforesai 0) v> o� ' This instrument is executed by the undersigned Land Trustee, Owner I R >- a not personallybut solely as Trustee in the exercise of the ci cn power and athority conferred upon and vested in it as such Its O rw Trustee. It is expressly understood and agreed that all the j Z warranties, indemnities, representations, covenants, under- takings and agreements herein made on the part of the p 7-33 ccTrustee are undertaken by it solely in its capacity as Trustee PREPARED BY: r-.. o and not personally. No personal liebility or personal respon- Erwin ,7 e n t s c h o u- sibility is assumed by or shall at any time be asserted or en- Corporate Counsel forceable against the Tnistee on account of any warranty, oC indemnity, representation, covenant, undertaking or agree- City of Elgin ment of the Trustee in this instrument, 150 Dexter Court Elgin, IL 60120 Page 3 o f 3CF 96K035778 . POOR COPY Recorder Not Responsible For Reproductions t EUPPS ROAD LIZ4 'r 1 PARCEL #559 pIROL 166e 623 548 Eo ralli 649 547 646 645 644 i 522 1 /w-� 8' TREE EASEMENT (typ) 521 550 WILDMINT TRAIL 8' TREE EASEMENT (typ) 620 551 524 °D al 619 - 1 13 a 552 m I 542 626 I _ co m 618 ihnill m toI,. 641 626 m v °D m m 517 v ,y rn m a i `" 540 627 tom PARCEL #560 m m m 516 z ~ 539 628 a Ai a 515 663 529 p m � 514 664 1 ' I 537 630 m m 513 m n 556 m a 536 531 Z w 512 566 v I 636 532 .141 511 557 534 4 533 610 8' TREE EASEMENT (typ) NIftioi 10023MR LANE 8' TREE EASEMENT (typ 1-7 509 0 501 602 503 504 505 606 507 508 ,c7 , 6 N-0-357 _ 8