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HomeMy WebLinkAbout97-0520 Galvin Family Partnership Recorded R97-- o5Ro a� ,4,' FILED FOR RECORD KANE t UNT Y.ILL. 97K035300 97JUN _2 PM t : 15 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered Intat•h s., 2f day of , 1997, by and between the Galvin Family Partnership LP, an Illinois limited partnership, (hereinafter referred to as "Grantor" ) and the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the "City" ) . WITNESSETH WHEREAS, Grantor is the owner of a tract of real property located along Randall Road north of the I-90 Tollway in the City of Elgin, Kane County, Illinois; and WHEREAS, Grantor and the City have previously entered into a Real Estate Contract dated September 11, 1996, 00 wherein the City acquired a portion of property from Grantor 0 for roadway purposes; and WHEREAS, said Real Estate Contract _includes the CO Grantor' s agreement to grant to the City drainage easements to 7 �J Z.Z allow for stormwater runoff from the roadway to be constructed by the City to be discharged onto the remaining property owned by Grantor. NOW, THEREFORE, for and in consideration of the mutual promises, agreements and undertakings as set forth herein and in the Real Estate Contract between the Grantor and the City dated September 11, 1996 , and for other good and valuable consideration, the receipt and sufficiency of which J r.,, is hereby acknowledged, the parties hereto agree as follows : g fl s7K035300 1 . That Grantor, being the owner of the property referenced herein, does hereby grant to the City of Elgin, an Illinois municipal corporation, a non-exclusive easement to install, construct, operate, maintain, locate, repair or remove a storm sewer pipe in that parcel of land located on the property of the Grantor, and legally described on Exhibit A attached hereto and made a part hereof by this reference (hereinafter referred to as the "Easement Premises" ) and depicted as Parcel TE6 on the plat of easements dated October 11, 1996 , prepared by Hampton, Lenzini and Renwick, Inc . attached hereto as Exhibit B and made a part hereof by this reference. Exclusive use of the Easement Premises is not hereby granted to the City, and Grantor retains all of their right, title and interest in and to the Easement Premises, subject only to the easement granted hereby. The right to grant other easements in the Easement Premises, and the right to use the Easement Premises for any purposes is expressly reserved by Grantor, provided that any such other easement or use does not unreasonably interfere with the City' s use of the Easement Premises for the easement rights granted herein. 2 . That Grantor does hereby further grant to the City a non-exclusive drainage easement from the eastern terminus point of the Easement Premises onto the remaining property of the Grantor to allow for the flow of stormwater collected from the City roadway property and discharged through the storm sewer pipe to be construction in the Easement Premises, provided however, that the area of the `?/ -2- 97K03530Q remaining property of the Grantor to be burdened with such drainage easement for stormwater flow purposes shall be limited to the currently existing, natural drainage way identified as "wetlands" on the plat of easements attached hereto as Exhibit B. 3 . That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the Easement Premises to the same condition as existed immediately prior to the exercise of such rights as is reasonably practicable and shall leave the Easement Premises and the surrounding premises free from debris . 3 . That the parties understand and agree that the Easement Premises are currently being farmed by a lessee of Grantor. The City agrees to pay Grantor the lost rent which would have otherwise been received by Grantor for the farm season commencing March 1, 1997 , with respect to the Easement Premises at the rate of Ninety Dollars ( $90 . 00) per acre. 4 . That the City for itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor and their successors harmless from any damages or claims arising as a result of the City' s work in the Easement Premises during construction or during any subsequent maintenance or repair thereof . The City further agrees to indemnify and hold harmless Grantor from any and all liens placed against the Easement Premises arising from said construction activities . -3- : :97K035300 5 . That the easement rights granted herein shall expire at the earlier of ( 1) such time as the storm sewer for the City' s adjacent roadway is connected to a central storm system providing for the discharge of stormwater from the roadway or ( 2) adoption of a final plat by the City which encompasses any portion of the remaining property of the Grantor and which provides for adequate drainage of the roadway in accordance with sound engineering principles . In the event of the termination or vacating of the easements provided herein, the City shall execute and deliver to Grantor or their successors all such releases and other instruments, in recordable form and containing such terms and conditions as Grantor shall reasonably request, to evidence the termination of said easements and the City' s rights hereunder. 6 . That the Grantor and their successors shall not erect any permanent structures on the Easement Premises which unreasonably interfere with the City's use of the Easement Premises until such time that the easements provided herein are vacated as set forth in the preceding paragraph. 7 . That all notices, requests , demands and other communications shall be in writing and shall be deemed to have been given when: (a) hand delivered, including delivery by messenger or courier service (or if delivery is refused, at the time of refusal) to the address set forth below; or (b) when received or refused as evidenced by the postal receipt if sent by United States Mail as certified, return 54 -4 9/ K035300 receipt request, with proper postage prepaid, addressed as set forth below: If to Grantor: Thomas J. Galvin 36W583 Binnie Road West Dundee, IL 60118 with a copy to: Richard G. Flood Zukowski, Rogers, Flood and McArdle 50 Virginia Street Crystal Lake, IL 60014 If to City: - City of Elgin Attention: City Manager 150 Dexter Court Elgin, IL 60120-5555 with a copy to: Erwin W. Jentsch, Corporation Counsel 150 Dexter Court Elgin, IL 60120-5555 8 . That this agreement constitutes the entire agreement between the parties and is intended as a complete and exclusive statement of the terms of the parties agreement, and its supersedes_ all prior and concurrent promises, representations, proposals, negotiations, discussions and agreements that may have been made in connection with the - subject matter hereof . 9 . That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 10 . That the City shall not assign this agreement or any interest herein or any rights hereunder without the prior written consent of Grantor. 11 . That this agreement shall be binding on the parties hereto, their successors and permitted assigns . c 5 91K035300 12 . That this agreement shall be recorded by the City at the City' s cost with the Kane County Recorder. IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above. CITY OF ELGIN, a THE GALVIN FAMILY PARTNERSHIP, municipal corporation LP, an Illinois limited • partnership By lam• i By /4'0- t.I r-..tr,+�lKevin Kelly, M or Attest:/ ii91(/)1d--, �telLire City Clerk 4 � UotL STATE OP ILLINOIS ) SS COUNTYOFKANE ) I , the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that - foot 5 �r'sr41..vinl , personally known to me to be the same person(s) whose name is subscribed to the foregoing instrument, appeared before me this day in person and- acknowledged that _he_ signed and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth. Give un er my hand an official ' , this 4 D day of 07/4 1997 . # 01,1(.2 Notary Pu OFFICIAL SEAL STATE OF ILLINOIS ) ELAINE J VERA NOTARY PUBLIC,STATE OF ILUNOIS ) SS MY COMMISSION EXPIRES:05/19/99 COUNTY OF K A N E I , the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Kevin Kelly personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and -6- 1s7K035300 1• delivered the said instrument as his free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal, this 2) fi4 day of , 1997 . Ix ht 6775 Notary Public This Instrument Prepared by and Return to: William A. Cogley City of Elgin 150 Dexter Court Elgin IL 60120-5555 /? -7- ,97KO35300 EXHIBIT A A strip of land 100 . 00 feet wide on that part of the North Half of the North Half of Section 30, Township 42 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois, lying 50 . 00 feet on each side of the following described line: Commencing at the Northwest corner of the Northeast Quarter of said Section 30; thence Easterly, 76 . 00 feet on an assumed bearing of North 89 degrees 35 minutes 22 seconds East along the North line of said Northeast Quarter; thence South 0 degrees 30 minutes 13 seconds East, 51 . 35 feet; thence Southerly, 246 . 10 feet along a tangential curve concave to the West, radius 3, 043 . 00 feet, central angle 4 degrees 38 minutes 01 second; thence South 4 degrees 07 minutes 48 seconds West, 503 . 90 feet along tangent for the Point of Beginning; thence South 46 degrees 00 minutes 00 seconds East, 236 . 69 feet to the termination of said line and 100 .00 foot wide strip of land. Said easement containing 0 .548 acre, more or less . 871. -8- 97KO3530g