87-0610 Kane County Tyler Creek Detention AGREEMENT
THIS AGREEMENT mode and entered into this Jday of 404)&7 1987,
by and between the CITY OF ELGIN, a municipal corporation organized and existing
under the laws of the State of Illinois (hereinafter referred to as "City"), and the
COUNTY OF KANE, a county organized and existing under the laws of the State of
Illinois(hereinafter referred to as"County"), WITNESSETH
WHEREAS, the County is the owner of certain property within the Randall
Rood right of way and legally described as:
A part of the Northwest Quarter of Sec. 9, Township 41 North,
Range 8 East of the Third Principal Meridian, said easement being 40 feet
wide, 20 feet on either side of a centerline described as follows:
beginning at a P.K. nail at the intersection of the centerline of Old
Randall Road and the north end of County Bridge Number 045-3025 over Tyler
Creek; thence in a northwesterly direction along the centerline of Old
Randall Road 161 .72 feet to a point which is the beginning of a curve to
the left having a radius of 150 feet and a delta angle of 63°-45' ; thence
166.90 feet along the centerline of said curve to a point of tangency;
thence northwesterly 143.38 feet in a straight line to the east line of
property owned by the City of Elgin which is also the west right of way
line of Randall Road all located in the City of Elgin, Kane County, State
of Illinois
WHEREAS, the City desires to construct an access rood across the above
described property for the purpose of access to the City's Tyler Creek Detention
Facility.
NOW, THEREFORE, in consideration of the mutual covenants and promises
herein set forth it is mutually agreed by and between the parties:
I. That for and in consideration of the sum of One Dollar ($1.00) and other
good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the County does hereby give and grant to the City an easement in, over
and upon that portion of the above-described property located in the Randall Rood right
of way in Elgin, Kane County, Illinois,as provided in the Plat of Grant Easement which is
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attached hereto and made a part hereof by reference as Exhibit A, for the purpose of
building an access rood for ingress and egress to the City's Tyler Creek Detention
Facility.
2. The City agrees to indemnify and hold the County harmless from and
against all liabilities, judgments, costs, damages and expenses which may accrue against,
be charged to or recovered from the County by reason or on account of damage to the
property of the County or the property of, injury to or death of any person, arising from
City's use of and activities at the subject property during the period of construction and
during the City's continued use of the property thereafter, including acts of its agents,
except when caused by the County's negligence or by the joint negligence of the County
and any person other than the City or its agents provided that the County shall give the
City prompt and timely notice of any claim made or suit instituted which in any way
affects the City or its insurer and the City and its insured shall have the right to
compromise and defend the same to the extent of their own interests.
3. It is agreed and mutually understood that the City's easement rights to
the subject property shall terminate in the event the City no longer needs or desires
access to the Tyler Creek Detention Facility.
4. It is further agreed and mutually understood that nothing in this contract
shall be construed or interpreted to mean a partnership, both parties being hereto
responsible for their separate and individual debts and obligations, and neither party shall
be responsible for any agreements not stipulated in this contract.
5. The parties hereto do mutually and severally guarantee terms, condi-
tions, and payments of this contract, these articles to be binding upon the parties, them-
selves, their heirs, executors, administrators, successors and assigns.
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6. Witness whereof, the parties have caused this agreement to be executed
by the Mayor and City Clerk of the City of Elgin and the Chairman and Clerk of Kane
County.
CITY OF ELGIN KANE COUNTY
By 1 . e By i
Mayor Chairman
Attest: Attest:
City Clerk County Clerk
Prepared By: William A. Cogley t°
Attorney at Law
150 Dexter Court
Elgin, Illinois 60120-5555
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I PROPOSED EASEMENTS •
OR
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LICENSES TO USE LAND
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`�\ 03 KANE COUNTY 0 ROADWAY AND MAINTENANCE
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CLEANING CONTROL AND
CITY OF ELGIN ' PROTECTIVE BERM-SEE
SECTION BELOW
TYLER CREEK DETENTION PROJECT 5, Fz a � ��
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