HomeMy WebLinkAbout26-131 Resolution No. 26-131
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH CHICAGO TITLE
LAND TRUST COMPANY D/B/A THE LAND TRUST COMPANY, AS SUCCESSOR
TRUSTEE UNDER TRUST AGREEMENT DATED JUNE 2, 1993 AND KNOWN AS TRUST
#9998 FOR WATERMAIN PURPOSES
(1400 Madeline Lane, Elgin, Illinois 60124)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute an Easement Agreement with Chicago Title Land Trust Company d/b/a
The Land Trust Company, as Successor Trustee Under Trust Agreement Dated June 2, 1993 and
Known as Trust#9998, for an easement for watermain purposes for the property legally described
on Exhibit A attached to the Easement Agreement, a copy of which is attached hereto.
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/David J. Kaptain
David J. Kaptain, Mayor
Presented: August 12, 2026
Adopted: August 12, 2026
Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
This Instrument Prepared by
and Return After Recording to:
Christopher J. Beck
City of Elgin
Legal Department
150 Dexter Court
Elgin, Illinois 60120-5555
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT made and entered into this 12 day of
August , 2026, by and between the City of Elgin, an Illinois municipal
corporation, (hereinafter referred to as the "City"), and Chicago Title Land Trust Company d/b/a
The Land Trust Company, as successor Trustee under trust agreement dated June 2, 1993 and
known as Trust#9998 (hereinafter referred to as the "Owner").
WITNESSETH
WHEREAS, the Owner owns the real property depicted and legally described on the plat
of easement prepared by Jacob&Hefner Associates,dated September 8,2022,last revised October
26, 2023, attached hereto and made a part hereof as Exhibit A, said property being commonly
known as 1400 Madeline Lane, Elgin, Illinois, 60120, Permanent Index Nos.: 03-31-375-005, 03-
31-375-007, and 06-05-251-003 (hereinafter referred to as the "Subject Property"); and
WHEREAS, the City desires to obtain a permanent easement from the Owner for the
purposes of constructing,maintaining, operating,and repairing water mains over those portions of
the Subject Property depicted by the areas designated "Easement Parcel 1," "Easement Parcel 2,"
and "Easement Parcel 3" on the above-referenced Exhibit A, as legally described on said Exhibit
A(hereinafter referred to as the "Easement Premises"); and
WHEREAS, the Owner has agreed to grant such permanent easement to the City for such
purposes and pursuant to the terms and conditions of this Easement Agreement.
NOW,THEREFORE, for and in consideration of Thirty-Nine Thousand Dollars ($39,000)
in hand paid to the Owner, and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto agree as follows:
1. Water Main Easement. That the Owner does hereby grant to the City and its
successors and assigns a permanent and exclusive (except as otherwise provided for in this
1
Agreement) easement for the construction, installation, reconstruction, replacement, alteration,
enlargement (provided that any enlargement is contained solely within the easement area),
relocation, inspection, maintenance, operation, repair, renewal and removal of water mains, along
with any appurtenances or facilities related thereto including, but not limited to, associated
hydrants, valves, valve vaults and valve boxes (the "City Improvements," herein), within, over,
under. along,across and through the Easement Premises, together with the right of reasonable and
necessary ingress and egress to and from the Easement Premises with such personnel and
equipment as may be deemed reasonable and necessary in connection with the exercise of the
rights granted herein.The easement rights granted to the City under this Easement Agreement shall
be solely for the City water main purposes described herein. In addition,this Easement Agreement
does not grant any easement rights to any other public utilities or service providers. Any and all
work performed by the City pursuant to the Water Main Easement granted under this Paragraph I
shall be completed within a reasonable time frame from the commencement of any work so as to
not interfere with Owner's use of the Subject Property.
2. Restoration of Easement Premises. That following the exercise by the City of any
easement rights granted herein, the City shall promptly repair and restore the Easement Premises
and surrounding 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 surrounding
premises free from damage or debris.
3. Indemnification. That the City for itself, its agents and independent contractors,
hereby agrees to indemnify and hold Owner and its successors harmless from any third party
claims for personal injuries or property damage arising directly as a result of the City's work in
the Easement Premises during construction or during any subsequent maintenance or repair
thereof. The City further agrees to indemnify and hold harmless Owner from any and all liens
placed against the Easement Premises arising from said construction, maintenance, or repair
activities.
4. Restrictions: Reservation of Rights. That the Owner and its successors shall not
construct any structures or buildings,nor plant any trees on the Easement Premises,nor undertake
any other activities on the Easement Premises that unreasonably interfere with the City's intended
use of the Easement Premises. Notwithstanding the foregoing, the Owner may construct and
maintain surface parking lot improvements and plant and maintain landscaping (other than trees)
2
provided that such is done in a manner which does not unreasonably interfere with the City's
intended use of the Easement Premises.
5. Amendment.That no amendment,revision or modification hereof shall be effective
unless it is in writing and signed by all parties hereto.
6. Entire Agreement. That this Easement 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.
7. Applicable Law and Venue. That this Easement Agreement shall be governed by
and construed in accordance with the laws of the State of Illinois. Venue for the resolution of any
disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court
of Kane County, Illinois.
8. Contractors. That the City may utilize the services of third party contractors,
employees or other agents to perform work in the Easement Premises.
9. Warranty of Title. That the Owner hereby represents and warrants to the City that
it is the fee simple title holder of the Easement Premises and the Subject Property and that it has
the full power and authority to enter into this Easement Agreement.
10. Binding.That this Easement Agreement and the covenants and rights granted herein
shall be binding on the parties hereto and their successors, grantees, and permitted assigns, and
shall run with the land.
11. Multiple Counterparts.That this Easement Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
12. Recording. That this Easement Agreement shall be recorded by the City at the
City's cost with the Kane County Recorder.
13. Joint Preparation. That this Easement Agreement is and shall be deemed to be the
joint and collective work product of the Owner and the City and,as such,this Easement Agreement
shall not be construed against either party as the otherwise purported drafter of the same by any
court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness, or
conflict, if any, in the terms or provisions contained herein.
3
IN WITNESS WHEREOF, the parties have entered into and executed this Easement
Agreement on the date and year first written above.
CITY OF ELGIN OWNER: Chicago Title Land Trust Company
dba The Land Trust Company, as successor
Trustee under trust agreement dated June 2,
1993 and known as Trust #9998
By:
By:
May r Its
Attes .
City Clerk
CONSENT OF MORTGAGE HOLDER
Old Second National Bank,as mortgage holder/mortgagee consents to the recording of this
Easement Agreement and to the grant of the easement rights with respect to the Subject Property
as granted herein.
Old Second National Bank
By:
Its
4
STATE OF ILLINOIS )
) SS.
COUNTY OF KANE )
I,the undersigned,a Notary Public,in and for said County,in the State aforesaid,do hereby
certify that David Kaptain, Mayor, and Kimberly Dewis, City Clerk, of the City of Elgin,
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 and as the free and voluntary act of
the City of Elgin, for the uses and purposes therein set forth.
Given under my hand an official seal,this day of ,2026
Notary Public
STATE OF ILLINOIS )
) SS.
COUNTY OF )
I,the undersigned,a Notary Public,in and for said County,in the State aforesaid,do hereby
certify that the of
Chicago Title Land Trust Company dba The Land Trust Company,as successor Trustee under trust
agreement dated June 2, 1993 and known as Trust#9998 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/she signed and delivered the said instrument as his/her free and voluntary
act,and as the act of the trustee as aforesaid, for the uses and purposes therein set forth.
Given under my hand an official seal,this daN of ,2026
Notary Public
5
STATE OF ILLINOIS )
) SS.
COUNTY OF )
I,the undersigned,a Notary Public,in and for said County,in the State aforesaid,do hereby
certify that , as the authorized representative of Old Second
Bank,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/she signed and
delivered the said instrument as his/her free and voluntary act, for the uses and purposes therein
set forth.
Given under my hand an official seal,this day of ,2026
Notary Public
6
EXHIBIT A
Plat of Easement, prepared by Jacob & Heffner Associates, dated September
8, 2022, last revised October 26, 2023, to be inserted.
PARCEL INDEX NUMBERS EASEMENT AGREEMENT \�
03-31-375-007 EXHIBIT A
03-31-375-005 +-R .�
06-0S-25I-003 COMM WO ADDRESS 0 M N,ADELINE LANE,ELO IL 60124 �` f I
MR➢001KW5 a ���
LOTS 5 AND 10 W RANDALL POINT BUSINESS PARK,BUNG A SUBOIMSION Of PART OF FRACTIONAL _ - r— Y ff
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SECTION 5,TOWNSHIP Al HORN.RANGE{EAST AND A PART Of SECTION 31 TOWNSHIP 42 NORTH. �'
RANGE 8 EAST OE THE THIS PRINCIPAL MERIDIAN ACCORDING TO TIE PLAT THEREOF RECORDED
JANUARY I.2007 AS DOCUMENT NUMBER 2007K005739 AND INSTRUMENT OF CORRECTION RECORDED ' S \
EEBRUARY IS 2007 AS DOCUMENT NUMBER 200M018A6A IN MANE COUNTY.IILRN IS P.• Site
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