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Home My WebLink About97-305 Recorded Resolution No. 97-305 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR A WATER MAIN ALONG BIG TIMBER ROAD 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 on behalf of the City of Elgin with the Union National Bank of Elgin, not individually, but as t/u/t # 1.386 dated 3/12/90, the Union National Bank of Elgin, not individually, but as t/u/t #1385 dated 3/12/90, GS&S Building Partnership and Elgin Labor Temple Association, Inc . for the operation, maintenance, repair and replacement of a water main along Big Timber Road, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented : December 17 , 1997 Adopted: December 17 , 1997 Omnibus Vote: Yeas 7 Nays 0 Attest : s/ Dolonna Mecum 1)01Onna Mecum, City Clerk • i �8 � i" ri . `� ` ILL. [14 15 tom, z 6P-44;44,i EASEMENT AGREEMENT FOR WATER MAIN ALONG BIG TIMBER ROAD FROM UNION NATIONAL BANK OF ELGIN, NOT INDIVIDUALLY, BUT AS TRUSTEE UNDER TRUST NO. 1386 DATED 3/12/90, UNION NATIONAL BANK OF ELGIN, NOT INDIVIDUALLY, BUT AS TRUSTEE UNDER TRUST NO. 1385 DATED 3/12/90, G S & S BUILDING PARTNERSHIP, ELGIN LABOR TEMPLE ASSOCIATION AN ILLINOIS NOT-FOR-PROFIT CORPORATION TO do CITY OF ELGIN After recording return to: This document prepared by: Dolonna Mecum William A. Cogley Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court A'," Elgin, IL 60120 Elgin, IL 60120 ritGO 98K003153 . N EASEMENT AGREEMENT I. EASEMENT In consideration of Ten and No/100 Dollars ( $10 . 00 ) and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Union National Bank of Elgin, not indi- vidually, but as Trustee under Trust No. 1386 dated 3/12/90, Union National Bank of Elgin, not individually, but as Trustee under Trust No. 1385 dated 3/12/90, G S & S BUILDING PARTNERSHIP, Elgin Labor Temple Association, an Illinois not-for-profit corpo- ration ( "Grantors" ) does hereby grant, convey and transfer to the CITY OF ELGIN, an Illinois Municipal Corporation, ( "Grantee" ) free and clear of all encumbrances, the following easements: A. A perpetual utility easement over, under and upon the premises legally described as follows: A 10 . 0 foot water main easement over, upon and under that part of the West fractional half of Section 4, Township 41 North, Range 8 East of the Third Principal Meridian, de- scribed as follows : Commencing at the intersection of the North line of said Section 4 with the center line of Randall Road, said point being also the Southeast corner of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, thence South 0 degrees 02 minutes 30 seconds West along the center line of Randall Road, 126 .58 feet; thence South 89 degrees 57 minutes 04 seconds West, 70 . 0 feet to the West right of way line of Randall Road; thence South 0 degrees 02 minutes 30 seconds West along said right of way line, 65 . 67 feet; thence Southerly along said right of way line, being on a curve to the right having a radius of 11,428 . 07 feet and an arc distance of 115.64 feet (the chord of the last described line bearing South 0 degrees 19 minutes 54 seconds West, a distance of 115 .64 feet) for the point of beginning of the center line of said 10 . 0 foot easement; thence South 80 degrees 58 minutes 12 seconds West along said center line, 168 . 0 feet for the point of termina- tion of said center line, in the Township of Elgin, Kane County, Illinois . and as depicted in the plat attached hereto as Exhibit A and made a part hereof, for the operation, maintenance, repair and re- placement of a water main complete with appurtenances. B. An access easement across the entrance road and parking lot of the property owned by the Grantee for the purposes of operation, maintenance, repair or replacement of the water main. d' 9aK003153 C. Both the utility easement and the access easement shall run with the land and shall be in favor of the Grantee, its successor and assigns and are granted on the following terms: 1. Term The easements granted hereunder shall be perpetual and commence on the date hereof. 2 . Indemnity of Grantor The Grantee hereby agrees to protect, indemnify, defend and hold harmless the Grantors, their tenants, successors and assigns from any costs, expenses, damages, suits or claims against the Grantors and/or their tenants, successors and assigns and resulting from Grantee's activities upon the easement premises. 3. Insurance Grantee shall require any contractors, subcontractors or agents performing work on the Easement Premises to provide liability insurance in amounts determined by the Grantee, but in no event less than $1,000,000.00 combined single limit and said insurance shall include Grantors as additional insured under the terms of said liability policy. Prior to entry onto the Easement Premises by Grantee, its contractors, subcontractors or agents, Grantee shall deliver certificates evidencing such insurance coverage to Grantors, which certificates shall provide for 10 days prior written notice to Grantee prior to any change in such coverage. 4 . Restoration Grantee agrees that, upon the completion of any maintenance, repair or replacement of the water main, all disturbed areas will be immediately restored to to original condition. 5. Access Grantee agrees that when access is required across the Grantors' parking area or entrance road to maintain, repair or replace the water main the access routes shall provide for a minimum of disturbance to the Grantors facilities. Grantor also agrees to give notice prior to any work requiring excavation. 6 . Ownership Grantee agrees to accept the water main, including valves, valve vaults and hydrants, from connection of the main to the east side of Randall Road. The Grantor agrees to maintain the service line from the main to the building. 7 . Grantor, its ' successors and assigns shall not erect any permanent structures over said easements other than surface coverings and pavement. 98K003153 8 This Agreement shall be binding upon the Grantor and Grantee and any successors and/or assigns and runs with the land. DATED: ()AX06 trA ',5 , 1996 UNION NATIONAL BANK of Elgin, not individually, but as t/u/t #1386 BY: 'Ad_A ' 1'"Q.1. , ' , T, 0 • TM �RESUNION NATIONALRY, TRUST OFFICER BANK ATTEST: I /a ) g J Ce.GSEE ATTACHED EXCULPATORY LANGUAGE UNION NATIONAL BANK of Elgin, not individually, but as t/u/t #1385 BY: m a a br ,1 1 °THRESA LRDY, A NOFFICER ATTEST: d - 9 EEATTACHED. HAEXCULPATRUSTTORY LANGUAGE -)vu.A GS&S�BUILDING PARTNERSHIP BY: C` :_, ,,,,,, , ,,, ��*f r t� <.�<' 4,,,, iL. '....e BY: 4 �l / YNt-i /4-I AA:7/1&----t) ELGIN LABOR TEMPLE ASSOCIATION, INC. , an Illinoislinot-for-profit corporation BY: Gey' (t.44- 12664 10 ei- % CITY OF___7"IN 2400 disk By: _. - // "watermai" Attest: Return Recorded Document To: William A. Cogley City of Elgin 150 Dexter Court Elgin, IL 60120-5555 98 K 0 0 3 1 5 3 PLAT OF EASEMENT EXHIBIT "A" SHEET 2 of 2 OF PROPERTY DESCRIBED AS: A 10.0 foot water main easement over, upon and under that part of the West fractional half of Section 4 , Township 41 North, Range 8 East of the Third Principal Meridian, described as follows : Commencing at the intersection of the North line of said Section 4 with the center line of Randall Road, said point being also the Southeast corner of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian; thence South 0 degrees 02 minutes 30 seconds West along the center line of Randall Road, 126. 58 feet; thence South 89 degrees 57 minutes 04 seconds West , 70 .0 feet to the West right of way line of Randall Road; thence South 0 degrees 02 minutes 30 seconds West along said right of way line, 65 . 67 feet ; thence Southerly along said right of way line , being on a curve to the right having a radius of 11 ,428 .07 feet and an arc distance of 115 . 64 feet ( the chord of the last described line bearing South 0 degrees 19 minutes 54 seconds West , a distance of 115 . 64 feet) for the point of beginning of the center line • of said 10.0 foot easement; thence South 80 degrees 58 minutes 12 seconds West along said center line, 168 .0 feet for the point of termination of said center line, in the Township of Elgin, Kane County, Illinois . • S s8K003153 " , __ FLA I UI- bASEMEN I . EXHIBIT "A" SHEET I of 2 NORTH LI1JE OF SEGT(Or i 4-41 -5i --- 3 M0 09 S.59 e G7 '-o4-"vv. •' 70.0 iii N 1 41 s.0" � O2 - 30"W. „.-__,.... ::-At.E % I •• 100 k R= 1 I,4Z5.07 L_= 1 15.(o4- 0 Ck 5.0°- 19'-54"W. 115.6,4 pC _ J . O P .M�N'� s �2• J of 1O s.eD ---0 4 Z Q a o,. 4)--/Ai 13 ,1 '. --.1 :> 981( 003153