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Home My WebLink About26-131 (2)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 dfb/a The Land Trust Company, as successor Trustee under trust agreement dated June 2, 1993 and known as Trust #9998 thereinafter 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 I," "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: Water Main Easement. That the Owner does hereby grant to the City and its successors and assigns a pennanent 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 1 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 damagearising 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 ptomises, 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 shallbe binding on the parties hereto and their successors, grantees, and permitted assigns, and shall run with the land. 11. Multiple County arts. 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. Recordin. 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 WITNESSWHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above. CITY OF ELG1N 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: - - - MAUREEN PAIGE By: Mayor Its ASSISTANT -VICE PRESIDE - 1D 0 (Jar CIO °� Attest: o . 1� City Clerk T 0��g� c CO p, CONSENT OF MORTGAGE HOLDER yJ �tii SEAS `;.•�� AGO.A 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. A This instrument isexecutedbythe not personally but srlely a.e Trustee t+teemnmes, representatirns, cavenants, andeitakings tend agreements herein made on thi, part of the Trustee are undertaken by it solei in its capacity as Trustee and not personally. No persona liability n persnnal responsibility is assumed by or shalt at any than~ ba asserted or enforceable representatihe on covenanton ,erderraking or agreeemen et the Trustee in this instrument. CI Old S Natio}naall an, - 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 rue 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 WARM PAIGIE the `=' `� "$ d+� p �# _ 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 49998 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 1 &f4-- day of tis: ST" , 2026 Notary Itrlj is "OFFICIAL SEAL" LILLI PAPESH IKUZMA Notary Public; Slue Of Illinois Commission N. 986504 i4y m-0-Mioon Ex� uary 05, 2028 STATE OF ILLINOIS ) ) SS, .COUNTY OF J� ) I. the undersigned., a :Notary Public, in and ,for said County, in the State aforesaid, do hereby certify that �i[% 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 —Imay of (A 12026 ',Q�IF�CIAL ■ARBARA J V"T= Notary PW) k. State Of fld! n1 Commi" No. LG W4 My Commission Expires MmA It 2W ral 51 OEM - Notary Public 'M EXHIBIT A Plat of Easement, prepared by Jacob & Heffner Associates, dated September 8, 2022, last revised October 26, 2023, to be inserted. Roca CQcx mvaol EASEMENT AGREEMENT ?03 JI-M-07. EXHIBIT A A, tg,rS All', Q Oj O.kf?A-., K.Y. !v-ltii RAR�, Mmw A R-:L'S EAST f;F TW- W PLA* YlOt'.10 PMIPM f, l AS =Ttlwpir m": T c Cam:.qFCT;511 rrEPUOPY f!. !S)l AS tldMfW WWYU.r,;'WIA44A, Iti K-E Cam:+ t 41AP.e&. TM Sir ?v Jk A -11 q. PDX EASEUEU "FARM I 2.3,4 laws'Tsar 3 12, Nno 21.67, n 00 m3s, 7-7 7f P""'! A— EA-StMENT PARCEL f K;;WWE n.As: I 'L� rz ............. Lor 7 ga PMMV ,,ACREAGEr SLMMARY So U. AQWS i . �LASCUrhT PARCEL ZASEVDYT PARCEL 7� Zam--l—acal 23 EASEILIENI PARCEL i EASEMENT PARM 2 at x3AX .......... PAR= 2 L // . 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