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Home My WebLink About99-321 Recorded • Resolution No . 99-321 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH THE AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO (Tyler Creek Interceptor Sewer Phase VI) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Easement Agreement with the American National Bank and Trust Company of Chicago, as Successor Trustee Under Trust No. 2665 and as Trustee Under Trusts Nos . 600890-00 , 600891-09, 600957-00, and 600889-03 for the purpose of installing, constructing, operating, maintaining, locating, repairing or removing sanitary sewer line improvements and water main lines over a portion of the property as described in the attached Easement Agreement . 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/ Ed Schock Ed Schock, Mayor Presented: December 15, 1999 Adopted: December 15, 1999 Vote : Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk fitC4E FILED FOR RECORD KANE cotik;tTY. 2000K002655 20D JAN I PM 1:Ire Z Gr, :RECORDER EASEMENT AGREEMENT FOR TYLER CREEK INTERCEPTOR SEWER PHASE VI FROM 6c AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, AS SUCCESSOR TRUSTEE UNDER TRUST NO. 2665 AND AS TRUSTEE UNDER TRUST NOS. 600890-00, 600891-90, 600957-00, AND 600889-03 TO CITY OF ELGIN co 3 After recording return to : This document prepared by: Dolonna Mecum o William A. Cogley Elgin City Clerk \b/ City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120Vn Elgin, IL 60120 2000jh002655 • EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this .4244 day of December, 1999, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City" ) , and AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, as Successor Trustee Under Trust No . 2665 and as Trustee Under Trusts Nos . 600890-00 , 600891-09, 600957-00, and 600889-03 (hereinafter referred to as the "Grantor" ) ; and WITNESSETH WHEREAS, Grantor owns the real property legally described on the plat of easement prepared by Barrington Engineering, Ltd. dated June 15, 1999, Rev. August 2 , 1999, attached hereto as Exhibit "A" in Kane County, Illinois; and WHEREAS, the City of Elgin desires to obtain an easement from Grantor for the purpose of installing, constructing, operating, maintaining, locating, repairing or removing sanitary sewer line improvements and water main lines over a portion of the property owned by Grantor; and WHEREAS, Grantor has agreed to grant such an easement for such purpose pursuant to the terms and conditions of this easement agreement . 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, a permanent and exclusive easement to install , construct, operate, maintain, locate, repair, remove or replace a sanitary sewer line, manhole, and other appurtenances relating to a sanitary sewer line and water line in those parcels of land located on the property of the Grantor, and legally described in Exhibit "A" attached hereto and described thereon as the "40 foot sanitary sewer and water main easement #1 and #2" (hereinafter referred to as the "Easement Premises" ) . 2 . That Grantor does hereby further grant to the City a temporary construction easement for those portions of Grantor ' s property legally described on Exhibit "A" attached hereto and described thereon as the "100 foot temporary construction easement #1 and #2 " allowing access over and use of said portions of Grantor ' s property for the purpose of constructing the sanitary sewer and water main improvements on the above-described Easement Premises . The temporary construction easement hereby granted shall be deemed a000 .b. 002655 terminated upon the completion of the original construction of the sanitary sewer line and water main improvements in the Easement Premises but in any event shall automatically expire two (2) years from the date and year first written above . 3 . That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the Easement Premises or the temporary construction 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 the temporary easement premises and surrounding premises free from debris . 4 . 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 negligent work in the Easement Premises and the temporary construction easement premises during construction or during any subsequent maintenance or repair thereof . The City further agrees to indemnify and hold Grantor harmless from any and all liens placed against the Easement Premises or the temporary construction easement premises arising from said construction activities 5 . That the Grantor and their successors shall not erect any permanent structures or buildings on the Easement Premises nor undertake any other activities on the Easement Premises which unreasonably interfere with the City' s use of the Easement Premises . 6 . That the parties understand and agree that the Easement Premises are currently being farmed. In the event Grantor continues to utilize the Easement Premises for farming and crops thereon are damaged as a result of the exercise by the City of its easement rights hereunder, then the City shall pay to Grantor, on request, damages for such damaged crops or inability to plant crops pursuant to the terms of the lease between Grantor and the then current tenant farmer utilizing the rental rates therein to calculate any such damages . The City further represents and warrants that the improvements to be constructed within the Easement Premises shall not unreasonably interfere with farming operations within the Easement Premises . The City further agrees to pay Grantor for crop loss of Grantor' s tenant in the amount of $1, 650 for the calendar year 1999 for the areas surveyed by City in late spring that were not planted by tenant farmer. 7 . 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 concurrent promises, representations, proposals, negotiations, -2- -� 2000t\ ® 02655 • discussions and agreements that may have been made in connection with the subject matter hereof . 8 . That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois . 9 . That it is understood and agreed that the City may utilize the services of third party contractors to perform work in either the Easement Premises or the temporary construction easement premises, provided however, the City shall not assign this agreement or any interest herein or any rights hereunder without the prior written consent of Grantor. 10 . That this agreement shall be binding on the parties hereto, their successors and permitted assigns 11 . 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 AMERICAN NATIONAL BANK AND municipal corporation TRUST COMPANY OF CHICAGO, as Successor Trustee Under Trust No. 2665 and as Trustee Under Trust Nos . 600890-00 , 600891-09, 600957-00 , and 600889-03 BY ,7�z=G BY Mayor Attest : Attest : g/1672/.4-1/, 41r0C44-1---- t Iry f!U}i. City Clerk ��' e,o 0-,,,c`'V Itu4'�txtr' TbiaaOnReagt h exsctrted by tlta re'dsrs perso Tnse In the exanise of the laud Tnr;tae, not n, 6rt �ie� as Trustee.R e po:7ar and tatau;tarity co.nforred groan and vestal in it as such soave,un{wtaksys r tmdsraao f aM^m a9iha narrzulr,iMsmnfties,r �5ons,cov 'as irf s:yrr an i nct• r• 'Y pnrsr✓�alt6614 of rl ci th;Trustee are u�d � yy it soY.y u rad.nb sha,7 Tat;tins tx2 8?swyeirentsrtcd er , +tf'c i5raor�at rssponsi wt s �• mJ by m w tc,t:g orai ra ent al T acalti't a any et r7rds<W* nstea�this —3- C� 2oao el. 002655 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 Ed Schock, 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 for the uses and purposes therein set forth. Given under my hand an official seal , this /6 f,(_ day of December, 1999 . Not y Public 1 OFFICIAL SEAL SUELLYN LOSCH 4 NOTARY PUBLIC, STATE OF ILLINOIS 1 ,, My Commission Expires Oct. 27, 2002 -4- 2000K002655 • 4 STATE OF ILLINOIS ) ss COUNTY OF C 0 0 K ) I , the undersigned, a Notary Public, in and for said County, in the State aforesaid do hereby certify that Artnet+e N. Brusca , 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 for the uses and purposes therein set forth. Given under my hand an official seal , this / day of December, 1999 . ! 1. 2.L.14.—er7%--) Nota Public This Instrument, Prepared by " • and Return to : "OFFICIAL SEAL" William A. Cogley Joan Wilson City of Elgin Notary Public,State of Illinois Legal Department My Commission Expires Feb.3,2002 150 Dexter Court Elgin, IL 60120-5555 -5- 2OOoi 0O2655