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HomeMy WebLinkAbout97-140 Recorded rr Resolution No. 97-140 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR THE CONSTRUCTION OF A STORM SEWER AND EARTHEN BERM (Judson College) 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 the construction and maintenance of a storm sewer and an earthen berm over the property legally described as follows : That part of the Southeast Fractional Quarter of Section 2 , Township 41 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois, described as follows : Beginning at the northeast corner of Lot 40 in Riverside Manor Unit No. 2; thence North 80 degrees 22 minutes East, 625 . 01 feet along the easterly extension of the south line of Hazel Drive as platted in Riverside Manor Unit No. 2 ; thence North 0 degrees 26 minutes West 66 . 86 feet to the easterly extension of the north line of said Hazel Drive; thence South 80 degrees 22 minutes West, 610 . 10 feet along said north line extended to the southeast corner of Lot 41 in Riverside Manor Unit No. 2 ; thence South 11 degrees 34 minutes West, 70 . 79 feet to the Point of Beginning, containing 0 . 936 acre,. 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: May 28, 1997 Adopted: May 28, 1997 Omnibus Vote: Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk FILED FOR RECORD KANE COUNTY.ILL. 97K038436 97 JUN 13 NI3: 30 EASEMENT AGREEMENT FROM JUDSON COLLEGE TO CITY OF ELGIN 7 VI After recording return to: �/' Dolonna Mecum Elgin City Clerk ��� 150 Dexter Court ig, Elgin, IL 60120 . L ,97K038436 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this MA-day of , 1997, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City" ) , and Judson College, a Baptist institution and a not-for-profit corporation organized and existing under the laws of the State of Illinois (hereinafter referred to as "the Grantor" ) and WITNESSETH WHEREAS, Grantor is the owner of a parcel of real property legally described on Exhibit A attached hereto and made a part hereof by this reference; and WHEREAS, the City is the owner of property adjacent to the Easement Premises and is in the process of expanding its Riverside Water Treatment Plant on said adjacent property; and WHEREAS, the City and Grantor both desire the City to place an earthen berm on a portion of Grantor' s property for screening purposes between the adjoining City water treatment plant and the campus of Grantor; and WHEREAS, the City desires to construct an extension of a storm sewer pipe on a portion of Grantor' s property. NOW, THEREFORE, for and in consideration of the mutual promises, agreements and undertakings as set forth herein and and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 9� K030436 1 . That the 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, maintain, repair or remove an earthen berm on the property of Grantor, legally described on Exhibit A attached hereto and made a part hereof by this reference (hereinafter referred to as the "Easement Premises" ) . 2 . That Grantor does hereby further grant to the City a non-exclusive easement to install, construct, operate, maintain, locate, repair or remove a storm sewer channel on the eastern 60 feet of the Easement Premises . Grantor agrees that it shall not construct any permanent structures over said eastern 60 feet of the easement premises nor undertake any other activities thereon which would unreasonably interfere with the City' s intended use of such portion of the Easement Premises . 3 . 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 -2- 97K038436 4 . 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 receipt requested, with proper postage prepaid, addressed as set forth below) : If to Grantor: Judson College Attention: James W. Didier, President 1151 North State Street Elgin, IL 60123 with a copy to: Dr. David Draewell, Senior Vice President 1151 North State Street Elgin, IL 60123 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 5 . 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 . �{ 3 91038436 K 6 . That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois . 7 . That the City shall not assign this agreement or any interest herein or any rights hereunder without the prior written consent of Grantor. 8 . That this agreement shall be binding on the parties hereto, their successors and permitted assigns . 9 . 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, an Illinois JUDSON COLLEGE municipal corporation a Baptist institution, a not-for-profit Illinois corporation By By 5r/ l/w�. Mayor President Attest: Attest: City Clerk Se a y STATE OF ILLINOIS ) SS 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, Mayor, 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 L/ 4 97K038436 and 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 3e 66 day of ,, 1997 . Vi (/// 052 Notary PMblic OFFICIAL SEAL STATE OF ILLINOIS ) SUELLYN LOSCH SS NOTARY PUBLIC,STATE OF ILLINOIS COUNTY OF K A N E ) MY COMMISSION EXPIRES:10/27/98 I , the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Tat es (AL 2);d e , President, is 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 delivered the said instrument as his free and voluntary act of the uses and purposes therein set forth. L- Given under my hand an official seal, this ±1 day of Ha) , 1997 . J} Nota Public 71 This Instrument Prepared by "OFFICIAL SEAL" and Return to: Daryl Richmond William A. Cog 1 ey Notary Public,State of Illinois City of Elgin MY Commission Expires Oct.11,1999 Legal Department 150 Dexter Court Elgin IL 60120-5555 6, :97K038436 -5- . PLAT OF PROPERTY DESCRIBED AS FOLLOWS: That part of the Southeast Fractional Quarter of Section 2, Township 41 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois, described as follows: Beginning at the northeast corner of Lot 40 in Riverside Manor Unit No. 2; thence North 80 degrees 22 minutes East, 625.01 feet alcng the easterly extension of the south line of Hazel Drive as platted in Riverside Manor Unit No. 2; thence North 0 degrees 26 minutes West, 66.86 feet to the easterly extension of the north 1 line of said Hazel Drive; thence South 80 degrees 22 minutes West, 610.10 feet along said north line extended to the southeast corner of Lot 41 in Riverside Manor Unit No. 2; thence South 11 degrees 34 minutes West, 70.79 feet to the Point of Beginning, containing 0.936 acre, more or less. N 89'58'04" W N 89'34' E j- 303.75' I- 281.15' " ‘ w ;n h N Z N O .o O N ( 1 N 0 n CITY OF ELGIN N CITY OF ELGIN - DOC. NO. 1544040 DOC. NO. 1462802 f- N N a) SCALE: 1"= 100' I `j CC J RIVERSIDE MANOR UNIT NO. 2 U 66.86' ' N 0'26' WF` DOC. NO. 1031343 ''' O '! 00o- 0 rn N 10'08' WL_ _ �I 52.52' I 314.10' LOT 41 00' 80'22' W 610.10'DOC NO. 1462802_" n 296. i� 5 ROADWAY EASEMEN 1 0 OF EIGIN w CITY`. 559.35' 625.01, pRIVE N 8O'22' E LINE PARALLEL WITH AND 537.23' WEST` S 11'34' W OF THE EAST LINE OF THE SOUTHEAST NNIC P.O.B. 170.79 QUARTER OF SECTION 2-41-8 N" Z 1 JUDSON COLLEGE ' N DOC. NO. 1129922 w m to W o a CA N N LOT 40 c)N z 251.99' "' 0 o 1' S 80'22' W o r- z w 1.22, E N a w I hereby certify that the property as shown on the -84.00=l attached plat has been compiled from documents of record and S 89'34' W 3 not of record and does not purport to be an actual survey of 3 I� a0 the lands concerned. . w o Dimensions are given in feet and decimals thereof N o o z n unless indicated otherwise. 4 O (0 O N � d Z 0 0) 3 W O, Dated this 29th day of April, A.D., 1997. co w N 0 0 kN89'34' E z '-84.001-T\ w I 1)-,,-- /6\. Dole A. Terry N Professional Illinois Land Surveyor No. 2533 co N s). ono PREPARED BY: fP 67.40' oi HAMPTON, LENZINI AND RENWICK INC. \9 380 SHEPARD DRIVE ?R)� e ELGIN, ILLINOIS 601 2 3-701 0 e { _ N 7j.4 E x H 1 ell �l (847)ACCOUN97T N06700 05-1293 (A) •97 i' 0 3 8 3 6 274 64 r w` 1 FILE NO. 25129301.dwg -.