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Home My WebLink About98-119 Recordedr 6////91? C.a.-41-14.... ...f State of Illinois ) 9S49n.. County of Kane ) ss . 4439j City of Elgin ) CERTIFICATE OF CITY CLERK • I , Dolonna Mecum, DO HEREBY CERTIFY that I am the City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof . I DO FURTHER CERTIFY that the attache. is a full , RESOLUTION NO. 98-119 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT GRANT FOR A SEWER LINE FROM SAFETY-KLEEN CORP. adopted by the Elgin City Council at its legally convened meeting held on May 27 , 1998 . In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this June 2 , 1998 /2W�e�'/s't"^-.6J A--ie---c--Z-&k,--- City Clerk (SEAL) A � ,.�� L , : �� , tiA--t-o-c - , ,G,„-6,, t -- Ilk • Resolution No. 98-119 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT GRANT FOR A SEWER LINE FROM SAFETY-KLEEN CORP. 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 and accept an easement grant for the maintenance of a sewer line from Safety-Kleen Corp. over the property commonly known as 1450 Villa Street and legally described on the plat of easement prepared by U. S . Shelter Group and dated August 21, 1997 . BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed tO tc be t_ C : Illinois . s/ Kevin Kelly Kevin Kelly, Mayor Presented: May 27 , 1998 Adopted: May 27 , 1998 Omnibus Vote : Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk . EASEMENT GRANT THIS GRANT OF EASEMENT, made this I Srday of :co Are, , 1998 from Safety-Kleen Corp., a Wisconsin corporation, One Brinckman Way, Elgin, IL 60123-7857, hereinafter called the "Grantor", to the City of Elgin, a municipal corporation organized and existing under the laws of the State of Illinois, 150 Dexter Court, Elgin, IL 60120, hereinafter called "Grantee". WHEREAS, Grantor constructed a sewer on Grantor's property commonly known as 1450 Villa Street, Elgin, IL as depicted on the Safety-Kleen survey "AS BUILT" dated July 17, 1990 and attached hereto as Exhibit A, herein; .er called the "S= .ier"• . WHEREAS, in order to dedicate the Sewer to Grantee for maintenance Grantor wishes to dedicate a twenty foot (20') Permanent Easement and all rights, privileges and authority to reconstruct, repair, maintain and operate a sewer, under, in and through certain premises described on the Safety-Kleen Sanitary Sewer Easement survey, as revised November 3, 1997, attached hereto as Exhibit B, hereinafter called the "Easement"; and WHEREAS, the Grantor is willing to grant the Easement and all rights, privileges and authority to Grantee or its future assignee upon the terms and conditions herein set forth. NOW THEREFORE, in consideration of the terms and conditions set forth in this Agreement with Grantee and accepted by the Grantor and the covenants and conditions hereinafter contained, the Grantor hereby bargains, sells, grants, transfers, and conveys to Grantee, its successors and assigns, the Easement and all rights, privileges, and authority to reconstruct, repair, replace, operate, and maintain the Sewer under and through the Easement. AND FURTHER IN CONSIDERATION of the grant of the Easement and all rights, privileges, and authority herein contained, this Easement Grant is subject to the following conditions: FIRST: Grantee agrees to indemnify, save harmless and defend 9 Grantor from and against any and all liabilities, penalties, forfeitures, suits, losses, damages and costs and expenses, including but not limited to costs of defense, settlement and reasonable attorney, consultant and other professional fees and the reasonable costs of investigation, containment and cleanup (collectively "Damages"), which Grantor may hereafter incur, become responsible for or pay out as a result of death or bodily injury to any person, destruction or damage to or loss of use of any property, contamination of or adverse effects on the environment, or any violation of governmental laws, regulations or orders, to the extent caused by: H:\AMATO\BLA98-104 1 (I) Grantee's breach of any representation, warranty, term or provision of this Easement Grant; or (ii) the negligence or intentional misconduct of Grantee, its employees, agents, representatives or subcontractors in the performance of this Easement Grant, provided that such indemnification shall not apply to the extent such liabilities result from Grantor's negligence or intentional misconduct or from a breach of this Agreement by Grantor. Grantee shall also indemnify, save harmless and defend the Grantor from any claims for mechanics liens by reason of any construction work, repairs, replacements, or other work, or for any improvements made or placed upon or to the Easement by Grantee. In the event of the bringing of any action or suit, against Grantor growing out of any such Damage, Grantor shall give written notice to Grantee of the commencement of such action or _,- Gra-tee Fhe'l ! - - t'ed to the SECOND: The rights and obligations of the Grantor and Grantee hereunder shall inure to the benefit of and be binding upon their respective successors and assigns, and all terms, conditions, and covenants herein shall be constructed as covenants running with the land. THIRD: With regard to the Easement and Sewer: a) The Grantor may use the surface of said Easement, it being understood, however, that such use shall not in any manner interfere with access to the Sewer or result in damage to the Sewer, and that Grantee shall have the right of access to the Easement at all times from the nearest highway or street for the purpose of reconstruction, repair, maintenance or operation of the Sewer. b) The Grantor is guaranteed ingress and egress at all times during any maintenance, repair or replacement of the Sewer. c) The Grantor agrees that no buildings or other permanent structures shall be constructed over the Easement. d) The Grantor reserves the right to construct a fence or fences over the Easement. In the event such fence or fences interfere with Grantee's use of the Easement as provided herein, Grantor, at its sole cost shall move such fence or fences. Grantor, at its sole option and cost may reconstruct such fence or fences. e) The Grantor reserves the right to connect lateral sewers to manholes installed within the Easement, provided that all applicable ordinances of Grantee are complied with in making any such connection. H:\AMATO\BLA98-104 2 • f) In the event the grant of this Easement interferes with the operation of the Grantor's business or the development and use of the Grantor's property, the Grantor reserves the right to relocate the Easement and Sewer at its sole cost and expense, provided that such relocation shall be subject to and conditioned upon the written approval of the Grantee's Director of Public Works, said approval not to be unreasonably withheld. FOURTH: Subject to the other terms hereof, the terms of the Easement disclosed on Exhibit B are made a part hereof. IN WITNESS WHEREOF, the Grantor and Grantee have caused this Eese—ent Grant, including Exhibits A F--;d B to be t': - -s hereto. GRANTOR: SAFETY-KLEEN CORP., a Wisconsin corporation DATED: /-9p,2JL F , 1998 By: v1/ , Its: ATTEST: Its: se r,c GRANTEE: CITY OF ELGIN, a municipal corporation DATED: -Y Lvvi I , 1998 By: Its: -- 7or ATTEST: By: Its: C THIS INSTRUMENT WAS PREPARED BY BRENT L. AMA TO C/O SAFETY-KLEEN CORP. ONE BRINCKMAN WAY ELGIN, IL 60123-7857 H:\AMATO\BLA98-104 3