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HomeMy WebLinkAbout99-48 Recorded Resolution No. 99-48 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH AMERICAN NATIONAL BANK FOR SANITARY SEWER PURPOSES 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 for the property 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: February 10 , 1999 Adopted: February 10, 1999 Vote : Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk FILED FOR RECORD • KANE COUNTY,ILL. 1999 O23717 1799 MAR -5 PH12: 15 RECO1 D£R MAP ATTACHED EASEMENT AGREEMENT BETWEEN AMERICAN NATIONAL BANK, AS SUCCESSOR TRUSTEE UNDER TRUST NUMBERS 2664 AND 2665 AND THE CITY OF ELGIN 00 09 After recording return to: Dolonna Mecum Elgin City Clerk o0 150 Dexter Court ) Elgin, IL 60120 b • oO 611 1999 K 023 71 7 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this /22gday of q-2 7 , 1999, by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City" ) , and American National Bank, as Successor Trustee under Trust Nos . 2664 and 2665, (hereinafter referred to as the "Grantor" ) and WITNESSETH WHEREAS, Grantor owns the real property legally described on the plat of easement 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 over a portion of the property owned by Grantor; and WHEREAS, Grantor has agreed to grant such an easement for such purposes 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 1999 K0237 I 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 in that parcel of land located on the property of the Grantor, and legally described in Exhibit A attached hereto and described thereon as a "40 foot sanitary sewer easement" (hereinafter referred to as the "Easement Premises" ) . 2 . That Grantor does hereby further grant to the City a temporary construction easement for that portion of Grantor's property legally described on Exhibit A attached hereto and described thereon as the "150 foot temporary construction easement" allowing access over and use of said portion of Grantor' s property for the purpose of constructing the sanitary sewer improvements on the above- escribed Easement Premises . The temporary construction easement hereby granted shall be deemed terminated upon the completion of the original construction of the sanitary sewer line 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 3 -2- 1999 K0237 17 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 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 harmless Grantor 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 1 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 . The City further represents and warrants that the manhole to be constructed within the Easement Premises shall not unreasonably interfere with farming operations within the Easement Premises . In the event such manhole does -3- r 1999 K0237 17 unreasonably interfere with future farming operations on the Easement Premises the City agrees to pay for lost crops as a result of the existence of such manhole. 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, 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 here .n 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. -4- 1onK0237 17 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, municipal corporation AS SUCCESSOR TRUSTEE UNDER TRUST NUMBERS 2664 and 2665 By BY � Mayor is instrument is executed by esigned Land Trustee,not personalty but solely as Trustee in the exercise of the power and authority conferred upon and vested in it as such Trustee.It is expressly understood and agreed that all the warranties,indemnities,representations,cov- enants,usdertalangs and agreements herein made on the part of the Trustee are undertaken by it solely in Attest: AtittGlitaytis7nsis and not personally.No personal liability or personal responsibility is assumed by or ir)14Th"--<1 shall at any time be asserted or enforceable against the Trustee on axount of any warranty,indemnity, representatlon,covenant,un.,faking or agreement of rile Trustee in this instrument. City Clerk Attestation not required by American National Bank and Trust Company of Chicago by laws. 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 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 tyoluntary act of the uses and purposes therein set forth. g� Given under my hand an official seal, this /A L day of •J(frU.la. , 1999 . Gz- (-- NNotarY Public OFFICIAL SEAL 4 SUELI.YN LOSCH STATE OF ILLINOIS 4 NOTARY PUBLIC, STATE OF ILLINOIS 6 My Commission Expires Oct. 27, 2002 • 2-41) 0 ) S S. 1-11rN'•v►`► '►'r►`r 'O►1 COUNTY OF --E A N E I , the undersigned, a Notary Public, in and for said County, in the State afoesaid, do hereby certify that 4nrta le- AJ: •lerktsc.a , I('c,.,P ;dent 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 -5 110 - I999 K0237 17 instrument as his free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal, this 30 Th day of D e_.c_e.rl,, b,e_tn , 1990 . (1)11"-- Not ublic 4 '- This Instrument Prepared by William A. Cogley "OFFICIAL SEAL" City of Elgin Joan Wilson Legal Department Notary Public,State of Illinois 150 Dexter Court My Commission Expires Feb.3,2002 Elgin IL 60120-5555 -6- 1999 K 0 2 3 7 17 EXHIBIT A -7- 1999 K023717