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HomeMy WebLinkAbout97-105 Recorded Resolution No. 97-105 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT (Motorola, Inc . ) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Easement Agreement for water and sewer from Motorola, Inc. , over the property legally described as follows : That part of the Southeast Quarter of Section 30, Township 42 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois, described as follows : Commencing at the Northeast corner of said Southeast Quarter; thence South 1 degree 58 minutes 34 seconds West, 700. 08 feet along the East line of said South east Quarter to a line that is 700 . 00 feet, measured at right angles, Southerly of and parallel with the North line of said Southeast Quarter; thence North 88 degrees 52 minutes 08 seconds West, 86 . 24 feet along said parallel line to the West right-of-way line of Randall Road per Document No. 96K070347 for the Point of Beginning; thence continuing North 88 degrees 52 minutes 08 seconds West, 25 . 01 feet; thence South 2 degrees 40 minutes 31 seconds West; 1, 643 . 56 feet, parallel with the West line of Randall Road, to the West line of the Northwest Tollway ( I-90) Parcel N-4D-106 ; thence North 10 degrees 51 minutes 08 seconds East, 204 . 82 feet along said West line to the West right-of-way line of Randall Road per Document No. 1982732 ; thence North 5 degrees 09 minutes 19 seconds East, 251 . 16 feet along said West line; thence North 2 degrees 40 minutes 31 seconds East, 590 . 97 feet along said West line to the West right-of-way line of Randall Road per Document No. 96K070347; thence North 88 degrees 52 minutes 08 seconds West, 15 . 01 feet along said West line; thence North 2 degrees 40 minutes 31 seconds East, 600 . 00 feet along said West line to the Point of Beginning. Said easement contains 1 . 153 acres, more or less . 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: April 9 , 1997 Adopted: April 9 , 1997 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk FILED FOR RECORD KAECaNTY. 11.1. 97K030868 97 rY 13 PM 15 • VIEDSBLUEPRV-"k EASEMENT AGREEMENT FROM MOTOROLA, INC. TO CITY OF ELGIN c6 cm° 13.1 After recording return to: Dolonna Mecum Elgin City Clerk 150 Dexter Court Elgin, IL 60120 (-9‘ (D; .91K030868 ti EASEMENT AGREEMENT This Easement Agreement made and entered into this // "9 day of , 1997, by Motorola, Inc., a Delaware corporation, 1303 E. Algonquin Road, Schaumburg, Illinois 60196 (hereinafter referred to as "Motorola") and the City of Elgin, an Illinois municipal corporation, 150 Dexter Court, Elgin, Illinois 60120 (hereinafter referred to as the "City"). WITNESSETH Whereas, Motorola is the owner of a tract of real property (the "Property") located at the northwest corner of the 1-90 Tollway and Randall Road in the City of Elgin, Illinois; and Whereas, Motorola and the City have previously entered into a Development Agreement dated February 14, 1996, providing for Motorola's development of the Property with certain development assistance from the City; and Whereas, said Development Agreement includes the City's agreement to provide for the extension of a twelve inch (12") water main and twenty-four inch (24") interceptor sanitary sewer along Randall Road with Motorola to grant to the City a utility easement along the eastern boundary of the Property for such utility improvements permitting the City to construct and maintain underground sewer and water utilities in the Easement Premises, as hereinafter defined. Now, Therefore, for and in consideration of the mutual promises, agreements and undertakings as set forth herein and in the Development Agreement between Motorola and the City dated February 14, 1996, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto mutually agree as follows: 1 . Motorola, being the owner of the Property, does hereby grant to the City of Elgin, an Illinois municipal corporation, a permanent and non- exclusive easement to install, construct, operate, maintain, relocate, repair or remove ("Easement Rights") a water main, a sanitary sewer and a storm sewer, in that parcel of land located within the Property, legally 97K030868 described on the plat of easement prepared by Hampton, Lenzini and • Renwick, Inc. dated / - (2./ , 1997, a copy of which is attached hereto and made a part hereof as Exhibit A (herein referred to as the "Easement Premises"). Exclusive use of the Easement Premises is not hereby granted to the City, and Motorola retains all of its 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 purpose is expressly reserved by Motorola, 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. 2. Following the exercise by the City of any Easement Rights granted herein, the City shall promptly repair and replace and restore any sod, grass, ground, pavement, shrubbery, plants, trees or other property or improvements damaged, disturbed, removed or destroyed to the same condition as existed immediately prior to the exercise of such Easement Rights and shall leave the Easement Premises and the surrounding premises free from debris, all to Motorola's reasonable satisfaction. 3. The City hereby agrees to indemnify and hold Motorola harmless from all claims, demands, loss, liability, actions, causes of actions, judgments, damages, costs and/or expenses relating to the utilities being located in the Easement Premises or relating to the Easement Rights granted herein or any operations or activity of the City on or in connection with the Easement Premises. 4. The City agrees that it will, before entering upon the Easement Premises for any of the purposes for which this easement is granted, obtain the consent of Motorola as to the dates and hours of the day during which the City may use the easement herein granted, provided, however, that in the event of an emergency affecting any of the City's utility improvements installed in the Easement Premises and other equipment which requires immediate attention, the City may enter upon the Easement Premises without the prior consent of Motorola. 5. The easement granted hereby shall, at Motorola's election, terminate when and in the event the City shall cease to use the Easement 2 3 ,97K030668 • Premises for the purposes herein specified for a period of ninety (90) days or more, and in such event, the City shall execute and deliver to Motorola all such releases and other instruments, in recordable form and containing such terms and conditions as Motorola shall reasonably request, to evidence the termination of said easement and the City's rights hereunder. Upon termination of the easement, the City shall promptly remove all of its property from the Easement Premises and shall restore the Easement Premises to the same condition as existed immediately prior to the grant of the easement, to Motorola's reasonable satisfaction. 6. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed to have been given (a) when 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, (b) when received or refused as evidenced by the postal receipt if sent by United States mail as Certified Mail, Return Receipt Requested, with proper postage prepaid, addressed as set forth below or (c) when received as evidenced by the transmission report of the telecopy machine of the transmitting party acknowledging a good transmission if sent by telecopier to the number set forth below: If to the City: City of Elgin 150 Dexter Court Elgin, Illinois 60120 Attn: City Manager & Corporation Counsel Telecopier: 847-931 -5610 If to Motorola: Motorola, Inc. 1303 E. Algonquin Road Schaumburg, Illinois 60196 Attn: Corporate Real Estate Department Telecopier: 847-576-2569 V 3 97K030868 7. This Agreement constitutes the entire agreement between the parties; it is intended as a complete and exclusive statement of the terms of their agreement, and it supersedes all prior and concurrent promises, representations, proposals, negotiations, discussions and agreements that may have been made in connection with the subject matter hereof. 8. Failure or delay on the part of either party to exercise any right, remedy, power, privilege or option hereunder which is not subject to an express time limitation with respect to exercise shall not operate or be construed to operate as a waiver thereof. A waiver, to be effective, must be in writing and must be signed by the party making the waiver. No written waiver of any term or condition of this Agreement shall operate or be construed to operate as a waiver of any other term or condition, nor shall any written waiver of any breach or default operate or be construed to operate as a waiver of any other breach or default or of the same type of breach or default on a subsequent occasion or operate or be construed to operate as a continuing waiver. 9. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Illinois. 10. No revision or modification hereof shall be effective unless it is in writing and signed by both parties. 11 . The City shall not assign this Agreement or any interest herein or any rights hereunder without the prior written consent of Motorola. This Agreement shall be binding on the parties hereto, their successors and permitted assigns. 12. This Agreement shall be recorded by the City at the City's cost with the Kane County Recorder. 4 97K030868 In Witness Whereof, the parties have entered into and executed this Easement Agreement on the day and year first above-written. CITY OF ELGIN, an Illinois MOTOROLA, INC., a municipal corporation Delaware corporation By: y� . U B a{.a-�c+l t�. ,`' a Kevin Kelly, Ma or Its: 2). P ifie> ^. Attest: Attest: p „ . $ /1/te-e,w1,- .6417 City Clerk Assistant Secretary ..`�. ‘ (te 5 97K030868 STATE OF ILLINOIS ) • ) SS. COUNTY OF COOK ) I, the undersigned, a Notary Public in and for the County and State as oresaid do hereby certify that before me this day in person appeared DLFy�v�� w, personally known tgg,, m to be a Vice President of Motorola, K/CifA--/CP �f• Inc., a Delaware corporation, and Wi-I cTE..p personally known to me to be an Assistant Secretary of said corporation, and each severally acknowledged that they signed and delivered the foregoing instrument in the respective capacities herein set forth and caused to be affixed thereto the corporate seal of said corporation pursuant to the authority given by the Board of Directors of said corporation as the free and voluntary act of said corporation and as their own free and voluntary act, for the uses and purposes therein set forth. Given under my hand and notarial seal this 7Thaday of /17, y 1997. C�CCCCCCCCCCCCC4C4(.4CCCCCCCCCCCCCCCCC$ ?( "OFFICIAL SEAL" } , William C.Fox Notary Public, State of Illinois yc My Commission Exp. 11/17/2000 (Impress Notarial Seal Here) Notary Public My Commission expires: -a -„, /? also 60 STATE OF ILLINOIS ) NE ) SS. COUNTY OF� ) I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that before me this day in person appeared Kevin Kelly, personally known to me to be the Mayor of the City of Elgin, an Illinois municipal corporation, and Dolonna Mecum personally known to 7 6 171(030868 me to be the City Clerk of said municipal corporation, and each severally acknowledged that they signed and delivered the foregoing instrument in the respective capacities herein set forth and caused to be affixed thereto the seal of said municipal corporation pursuant to the authority given by the City Council of said municipal corporation as the free and voluntary act of said municipal corporation and as their own free and voluntary act, for the uses and purposes therein set forth. Given under my hand and notarial seal this uttiday of April 1997. OFFICIAL SEAL SUELLYN LOSCH NOyTcARY PUBLIC,STATE OF ILLINOIS MCOMMISSION EXPIRES: \Artiwoot.",,,ANA,,,o.vo (Impress Notarial Seal Here) Notary Public My Commission expires: /aA 7/7( This Instrument was prepared by: Bill Fox of Motorola, Inc . Name 1303 E. Algonquin Road Schaumburg, IL 60196 Address 7 97 0 3 0 8 6 8 -46 0OFE< ° �' Agenda Item No. City of Elgin g March 18, 1997 TO: Mayor and Members of the City Council FROM: Robert O. Malm, Interim City Manager SUBJECT: City/Motorola Utility Easement PURPOSE The purpose of this memorandum is to present to the Mayor and members of City Council a utility easement agreement between the City and Motorola. BACKGROUND Motorola is the owner of property located at the northwest corner of the I-90 Tollway and Randall Road. Motorola and the City entered into a Development Agreement dated February 14, 1996 . The agreement provided for Motoro- la' s development of the property with development assistance from the City. The Development Agreement includes the City' s agreement to provide for the extension of a twelve inch ( 12" ) water main and a twenty-four inch (24" ) interceptor sanitary sewer along Randall Road with Motorola granting to the City a forty foot (40 ' ) utility easement along the eastern boundary of the property for the utility improvements . The proposed easement agreement grants the utility easement to the City. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT None. LEGAL IMPACT • None. ALTERNATIVES t None. 4 City/Motorola Utility Easement March 18, 1997 Page 2 RECOMMENDATION Authorize execution of the proposed easement agreement. Respectfully submitted, Raymond H. Moller Director of Business Services and Pro erties David L. Lawry, P.E Director of Publi orks A41 Zi / D Robert O. Malm Interim City Manager RHM/skg Attachment I I 1 ! 3n E r ) rik • b o , o i co I 1 I 0 I 1 1 I I PROPOSED CITY OF ELGIN b Jr. \ UTILITIES EASEMENT LINE -., --,-,.. , • .... I 1 I ( • S 885208" F 15.01 /.,- I • . ' g" . r- le tr) c Ir-IE -."10 I I 0 (N t cr) I r - 1 ' 3 I \ __ •-_,_- I ACCESS 1. to ROAD r i ' (/) I 1 I - 0 tri - I NORTH LINE OF TOLLWAY PARCEL N-4D-106 I (?....... :%2 ••••......... -...1 I . '-'•45) t........)// '') ....icJ I 1 1 rib‘ ittl CI Z k /N Er NO-R47.1,11'S 764 7Z• — — — — 1 r7iirSr 90 Till .