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Home My WebLink About97-255 Recorded 1 Resolution No. 97-255 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER PURPOSES ( Industrial Developments International, 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 sanitary sewer purposes from Industrial Developments International, Inc. , for the property legally described as follows : That part of the South Half of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, all in Kane County, Illinois, described as follows : Commencing at the Northeast corner of the Southeast Quarter of Section 5, Township 41 North, Range 8 East of the Third Principal Meridian; thence North 15 degrees 41 minutes 30 seconds East, 563 .71 feet; thence North 56 degrees 46 minutes 01 seconds West 161 . 11 feet to an iron pipe found at the Southeast corner of Lot 2 in Gary Subdivision per Document Number 1683914; thence North 00 degrees 19 minutes 08 seconds East along the East line of said Lot 2 , 213 . 60 feet; thence northwesterly 273 . 83 feet along a curve being 40 . 00 feet southwesterly of and concentric with the centerline of Big Timber Road, concave northeasterly having a radius of 22, 958 . 30 feet, a chord bearing of North 56 degrees 06 minutes 08 seconds West, and a chord distance of 273 . 82 feet to a point of tangency; thence North 55 degrees 45 minutes 38 seconds West along a line 40 . 00 feet southwesterly of and parallel with said centerline, 187 . 45 feet to the point of beginning; thence continuing North 55 degrees 45 minutes 38 seconds West along said line, 20 . 01 feet; thence North 32 degrees 14 minutes 22 seconds East, 40 . 02 feet to the centerline of Big Timber Road; thence South 55 degrees 45 minutes 38 seconds East along said line, 20 . 01 feet; thence South 32 degrees 14 minutes 22 seconds West, 40 . 02 feet to the point of beginning, in Kane County, Illinois . Area = 800 square feet or 0 . 018 acres . 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: October 22 , 1997 Adopted: October 22, 1997 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • • FILE LL. 97 KO7 14588 cr,.. .......44. ,,,,,:q. (..q.,......„..) MAP ATTACiftet EASEMENT AGREEMENT FROM INDUSTRIAL DEVELOPMENTS INTERNATIONAL, INC. TO \II() CITY OF ELGIN PIC n1 t.4.1 VI After recording return to: Dolonna Mecum Elgin City Clerk y C7150 Dexter Court Elgin, IL 60120 -{tert4kcp 6.),,j -I.--, R POOR ORKIINAL For-ii Nat Re""€,Nio eproductfor-s I , i ___ 97 K074588 . SEP-16-97 TUE 13:41 CITY OF ELGIN/CITY MGR, FAX Na 18479315610 P. 02 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this 23rd day of October _ , 1997 , by an between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the "City" ) , and Industrial Developments International , Inc . , a Delaware corporation (hereinafter referred to as the "Gran- tor" ) and WITNESSETH WHEREAS, the Grantor owns real property located along Big Timber Road in Kane County, Illinois; and NOW, THEREFORE, for and in consideration of the mutual promises , agreements and undertakings as set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That Grantor, being the owner of the property referenced herein, does hereby grant to the City of Elgin, an Illinois municipal corporation, an exclu- sive easement to install , construct, operate, maintain, locate, repair or remove a sanitary sewer line 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" ) . 2 . 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 existence of such rights as is reasonably practicable and shall leave the Easement Premises and surrounding premises free from debris . 3 . That the City for itself, its agents and independent contractors , hereby agrees to indemnify and hold Grantor, and their successors harmless from all 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 . 4 . That the Grantor and their successors shall not erect any permanent structures on the Easement �-- s7K074588 ,EP-16-97 TUE 13 41 CITY OF ELGIN/CITY NOR. FNCX NO. 18479315610 P. 03 Premises nor undertake any other activities on the Easement Premises which unreasonably interfere with the City ' s use of the Easement Premises ; provided that Grantor reserves the right to make such other uses of the surface of the Easement Premises as Grantor deems necessary or desirable, including, without limitation, the installation of paving, parking, driveways, streets , curbing, guttering and landscaping. 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 it supersedes all prior and concur- rent promises , representations , proposals , negotia- tions, discussions and agreements that may have been made in connection with the subject matter hereof . 6 . That this agreement shall be governed by and con- strued 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 Kane County Recorder . IN WITNESS WHEREOF, the parties have entered into and executed the Easement Agreement on the date and year first written above . INDUSTRIAL DEVELOPMENTS CITY OF ELGIN, an Illinois INTERNATIONAL, INC . , municipal corporation A Delaware corporation / BY t . Mayor David Birdwell, CFO Attest : Attest: 0,-z- P7A2/-/ City Clerk Daniel L. Webb Assistant Secretary 97K074588 SEP-16-97 TUE 13:42 CITY OF ELGIN/CITY MGR, FAX NO. 18479315610 P. 04 STATE OF ILLINOIS COUNTY OF KANE 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 and delivered the said instrument as his free and voluntary act of the uses and purposes therein set forth. Giv n under my hand an official seal , this 4/t/ day of 1997 . Not ry Publ c OFFICIAL SEAL SUELLYN LOSCH NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES:10/27/98 y 91hU714588 SEP-16-97 TUE 13:42 CITY OF ELGIN/CITY MGR, FAX Na 18479315610 P, 05 . • "Exhibit A" LEGAL DESCRIPTION THAT PART OF THE SOUTH HALF OF SECTION 31 , TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALL IN KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 15 DEGREES 41 MINUTES 30 SECONDS EAST, 563 . 71 FEET; THENCE NORTH 56 DEGREES 46 MINUTES 01 SECONDS WEST, 161 . 11 TO AN IRON PIPE FOUND AT THE SOUTHEAST CORNER OF LOT 2 IN GARY SUBDIVISION PER DOCUMENT NUMBER 1683914 ; THENCE NORTH 00 DEGREES 19 MINUTES 08 SECONDS EAST ALONG THE EAST LINE OF SAID LOT 2 , 213 . 60 FEET; THENCE NORTH- WESTERLY 273 . 83 FEET ALONG A CURVE BEING 40 . 00 FEET SOUTHWEST- ERLY OF AND CONCENTRIC WITH THE CENTERLINE OF BIG TIMBER ROAD, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 22 , 958 . 30 FEET, A CHORD BEARING OF NORTH 56 DEGREES 06 MINUTES 08 SECONDS WEST, AND A CHORD DISTANCE OF 273 . 82 FEET TO A POINT OF TANGENCY; THENCE NORTH 55 DEGREES 45 MINUTES 38 SECONDS WEST ALONG A LINE 40 . 00 FEET SOUTHWESTERLY OF AND PARALLEL WITH SAID CENTERLINE, 187 . 45 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 55 DEGREES 45 MINUTES 38 SECONDS WEST ALONG SAID LINE, 20 . 01 FEET; THENCE NORTH 32 DEGREES 14 MINUTES 22 SECONDS EAST, 40 . 02 FEET TO THE CENTERLINE OF BIG TIMBER ROAD; THENCE SOUTH 55 DEGREES 45 MINUTES 38 SECONDS EAST ALONG SAID LINE 20 . 01 FEET; THENCE SOUTH 32 DEGREES 14 MINUTES 22 SECONDS WEST, 40 . 02 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS . 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