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Home My WebLink About98-147 Recorded Resolution No. 98-147 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH FRANK SCHUMACHER AND NANCY SCHUMACHER FOR CUL DE SAC IMPROVEMENTS ON THE PROPERTY LOCATED AT 2840 WINCHESTER DRIVE 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 with Frank Schumacher and Nancy Schumacher for cul de sac improvements over a portion of the property commonly known as 2840 Winchester Drive and legally described in the easement agreement, a copy of which is attached hereto and made a part hereof by reference. 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: June 10, 1998 Adopted: June 10, 1998 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk F LED FOR RECORD €CCU T Y.ILL. THIS INSTRUMENT 9 8 K 0 5 3 3 6 7 98 JUN 17 PSG t}: 15 PREPARED BY & MAIL TO: William A. Cogley e`'°4...4. . City of Elgin RECORDER Legal Department 150 Dexter Court Elgin, IL 60120-5555 1 6°i EASEMENT AGREEMENT This Easement Agreement made and entered into this Z day of .Q N.i L` , 1998, by and between FRANK SCHUMACHER and NANCY SCHUMACHER (hereinafter referred to as "Grantors" ) and the CITY OF ELGIN, an Illinois municipal corporation, 150 Dexter Court, Elgin, Illinois 60120 1 (hereinafter referred to as the "City" ) . Cb QC WITNESSETH " WHEREAS, Grantors are the owners of the property CC commonly known as 2840 Winchester Drive, Elgin, Kane County, Illinois, and legally described on Exhibit A attached hereto (hereinafter referred to as the "Subject Property) " ; and WHEREAS, included on a portion of the subject property is a temporary cul de sac easement created by the plat of subdivision for Randall Ridge Subdivision Unit No. 4 recorded on July 18, 1995, as Document No. 95K039586 ; and WHEREAS, the parties hereto desire to provide for the release of said temporary cul de sac easement in favor of a permanent easement agreement to allow the City and its agents to install and maintain certain cul de sac improvements 98K053367 pursuant to the terms and conditions of this easement agreement. NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto mutually agree as follows : 1 . That the Grantors being the owners of all of the Subject Property described in Exhibit A hereto do hereby grant to the City of Elgin, an Illinois municipal corporation, a permanent and exclusive easement to install, construct, operate, use, maintain, relocate, repair or remove cul de sac improvements including pavement, curb and gutter, in that portion of the Subject Property depicted and legally described on Exhibit B hereto (such portion of the Subject Property hereinafter referred to as the "Easement Premises" ) . 2 . That following the exercise by the City or its agents of any Easement Rights granted herein, the City shall promptly repair any adjoining land disturbed in the exercise of such rights and shall leave such land and the surrounding premises free from debris . 3 . That Grantors shall not construct any structures on the Easement Premises nor otherwise undertake any activities which shall unreasonably interfere with the City' s intended use of the Easement Premises . -2- 9R <fl 7 4 . That the City shall be responsible for the maintenance of the Easement Premises and the cul de sac improvements located thereon. 5 . That the City hereby agrees to indemnify and hold Grantors harmless from third party claims for personal injuries or property damage relating to the cul de sac improvements or the use thereof. 6 . That the easement granted herein shall terminate when and in the event the City shall remove the cul de sac improvements from the Easement Premises and cease use thereof for the purposes herein specified for a period of one ( 1) year or more and in such event, the City shall execute and deliver to Grantors all such releases and other instruments, in recordable form and containing such terms and conditions Grantors reasonably request, to evidence the termination of said easement and the City' s rights hereunder. 7 . That it is understood and agreed that the City will be utilizing a portion of the temporary cul de sac easement premises in order to access the Easement Premises during the construction of the cul de sac improvements on the Easement Premises . The City agrees to provide the Grantors notice of completion of the installation of the cul de sac improvements . Upon the earlier of notice from the City to Grantors of the completion of the cul de sac improvements in the Easement Premises and September 30, 1998, the temporary cul de sac easement lying within a portion of the Subject Property created pursuant to the plat of subdivision for Randall Ridge -3- -� 98K053367 Subdivision Unit No. 4 according to the plat thereof recorded on July 18, 1995, as Document No. 95K039586 shall be deemed released, terminated and shall be of no further force or effect. Following completion of the construction of the cul de sac improvements the City shall promptly repair any portion of the temporary cul de sac easement premises not lying within the Easement Premises which is disturbed during construction of the cul de sac improvements and shall leave such land and the surrounding premises free from debris . 8 . That the City may use third party contractors, employees or other agents to exercise the rights or to perform the obligations of the City set forth herein. 9 . That this Agreement constitutes the entire agreement between the parties and 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 . 10 . That this Agreement shall be governed by, and construed in accordance with, the laws of the State of Illinois . 11 . That no revision or modification hereof shall be effective unless it is in writing and signed by both parties. 12 . That the City shall not assign this Agreement or any interest herein or any rights hereunder without the prior written consent of Grantors . This Agreement shall be binding on the parties hereto, their successors and permitted assigns . -4- LI 98K053367 13 . That this Agreement shall be recorded by the City at the City' s cost with the Kane County Recorder. 14 . That upon execution hereof as an additional consideration for the easement grant provided herein the City shall pay to the Grantors the sum of $1, 176 . 00 . IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first above written. CITY OF ELGIN, a FRANK SCHUMACHER and municipal corporation NANCY SCHUMACHER By �T �• ) c� KEVIN KELLY, Ma r FRANK SCHUMACHER Attest: 1 ni tAll hP"(..avt.‘,4k //tteL4,h-_, NAY SCHUMACHER City Clerk 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 FRANK SCHUMACHER and NANCY SCHUMACHER personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth. Given under my hand an official seal, this al day of9/(41,12_____ , 1998 . p( 41111 Notary Pub c �, 4 MARY GIFFORT 4 NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires June 13,2000 p _5_ s 98K{ 053367 STATE OF ILLINOIS SS. COUNTY OF K A N E 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 by 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 j frday of , 1998 . any P lic ' RT fksil� it AA. NOTC R YP UB , SSTATE O ILLINOIS I: v��;®ssloexpires June 13,2000 A `r'dNro'w`mr 6 98K053367 EXHIBIT A Legal Description for 2840 Winchester Drive, Elgin, Illinois Lot 54 in Randall Ridge Subdivision Unit No. 4 , being a subdivision of part of the North Half of Section 17, Township 41 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded on July 18, 1995, as Document No. 95K039586, in the City of Elgin, Kane County, Illinois . -7- 98K053367 , . EASEMENT EXHIBIT t BEGINNING AT THE SOUTHEAST CORNER OF LOT 54 IN RANDALL RIDGE SUBDIVISION UNIT 4, BEING A SUBDIVISION OF PART OF THE NORTH HALF OF SECTION 17, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED ON JULY 18, 1995, AS DOCUMENT NO. 95K-039586, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS; THENCE N 11'30'37" W, A DISTANCE OF 14.01 FEET TO A POINT ON A CURVE; THENCE WESTERLY ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 4 43.57 FEET AND A CHORD BEARING OF S 40'43'42" W, AN ARC LENGTH OF 23.48 FEET TO A POINT ON A CURVE; THENCE EASTERLY SCALE 1 = 20' ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 838.76 FEET AND A CHORD BEARING OF N 77 51'48" E, AN ARC LENGTH OF 18.34 FEET TO THE PLACE OF BEGINNING, CONTAINING 0.0035 ACRES, MORE OR LESS. LOT 54 CK uNE — — _ SSA , / , � INO 4 / gU11D • 7 ti DE� / 30 a�k�y3k0 u E�S ZTAC DRAINAGE E� ' 0 .f" / 1.w ( 26 1E1 \ .., 38• 76' 183sN 77'51 — ' 48. E CHD. — — PRopOSED CURB fORE *4j( DRY vE CS.TER - -----------"---- 1.4 WtN_ i 0 R p,W 6 Apr 13, 1998 — 08:06:44 DWG Name: F:\PROJECTS\441-812\OFFICE\DWGS\PERMITS4.DWG Ltd. Hagensee Surveying Group, Ltd. o - FOUND IRON PIPE(F.1.P.) P.U.&D.E -PUBUC UlTUTY&DRAINAGE EASEMENT T/F - TOP OF FOUNDATION P.U.E -PUBLIC UTIUTI'EASEMENT 1815 Diehl Road, Suite 100 Tic - TOP OF CURB U.E. - UULRY EASDENT Naperville, II. 60563 F/G - FINISH GRADE 725.0 - EXISTING GRADES P B.S.L - BUILDING SETBACK UNE (725.2) - PROPOSED GRADES (630) 369-1000 FAX (630) 369-1374 Drawn By. SDR Dote: 4-13-98 Job No. 441-812___ EXHIBIT B 9aK053367