87-1221 153 N. Liberty VOLUME LII 709
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
RUPERT AND LINDA S. SEARCY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that James J. Cook, City Manager, and Marie Yearman, City Clerk, be and are hereby
authorized and directed to execute an agreement on behalf of the City of Elgin with
Rupert and Linda S. Searcy for the repair of a sanitary sewer at 153 North Liberty
Street, a copy of which is attached hereto and made a part hereof by reference.
s/ George Van De Voorde
George VanDeVoorde, Mayor
Presented: December 21, 1987
Adopted: December 21, 1987
Vote: Yeas 6 Nays 0
Recorded:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk
RESOLUTION ADOPTED AUTHORIZING TRANSFER
OF SECURITY INTEREST COMMUNITY DEVELOP-
MENT BLOCK GRANT LOAN - LIBRARY RESTAURANT
Councilman Walters made a motion , seconded by Councilwoman Shales
to adopt the aforementioned Resolution. Yeas : Councilmen Fox,
Gilliam, Moylan, Shales , Walters and Mayor Van De Voorde. Nays :
None.
I
41 AGREEMENT FOR REPAIR OF SANITARY SEWER
This agreement , made and entered into on the J- r — day of
, 1987, by and betw:-en the City of Elgin,
hereinafter referred to as "City" ; a d the undersigned owners
of the property located at 153 N. Ligerty Street , Elgin,
Illinois, hereinafter referred to as "Owner" ; witnesseth :
WHEREAS, Owner and City mutuall , agree that it is
necessary and desirable to repair th sanitary sewer which
serves the property at 153 N. Libert Street .
WHEREAS, the parties are uncertain as to the nature and
location of the failure of said sewe .
WHEREAS, the Owner agrees that Owners will pay 100% of
the cost of necessary repair if the sewer failure is in the
service connection or lateral to Ow ers ' property .
WHEREAS, the City agrees that the City will pay 100%
of the cost of necessary repair if 'he sewer failure is in
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the main line owned by the City .
WHEREAS, the Owners and City agree that the cost shall
L .
c Labe mutually shared by City and Owne if the failure is
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L. ; determined to be a combination of f. ilure in the maine line
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and the sewer connection or lateral The proportion of the
cost to be borne by the parties shall be determined by the
City based upon the nature and locauon of the sewer failure.
WHEREAS, Owner is owner of recgrd of the subject
t!7 property where the necessary repair is situated , more
co
00 specifically described as:
Lot 9 of Block 3 in J. Force H:- ir ' s Addition in the City
of Elgin, Kane County , Illinois.
Page 1
: 895442
and commonly known as _ 153 N Liberty Street
NOW , THEREFORE, it is agreed by and between City and
Owner that :
1 . That the City shall contract the necessary repair
work to a qualified contractor and a and a contract to same
for the completion of the proposed r:-pair to said sewer
serving 153 N. Liberty Street .
2. Owner agrees to pay and shal pay the sum of
$3,700.00. which amount represents t .e total cost of the
sanitary sewer repair if the sanitar sewer failure is
determined to be in the service conn-ction or lateral .
Payment shall be made in full by Jan ary 31 , 1988; provided
Owner may , at Owner ' s option, pay th- total cost of the
repair work by payment in five installments with interest at
a rate of nine percent (9/.) per annu . Interest on all
outstanding balance shall begin accr ing on January 31 , 1988.
Should Owner choose to pay by installment , the first
installment shall be due on or before January 31 , 1988 and
shall be a sum equal to $740 .00 plus nine percent
interest as provided above . All subsequent installments
shall be made on or before January 31 of each subsequent year
for four (4) subsequent years and shall be a sum equal to
$740.00 plus interest as provided above. Provided , that
Owner may, at any time, pay the entire outstanding balance,
including any accrued interest and hall then be relieved of
any further obligations hereunder .
3. Owner ' s payment shall be ma.'e at the office of the
City Finance Director , 150 Dexter Court , Elgin, Illinois.
4. That if the proposed repair is determined to be
entirely within the City ' s sanitary sewer main , that all
costs for the improvement shall be ■orne by the City .
5. That if the proposed repair is determined to be
within the sanitary sewer main and 'he service lateral , that
all costs shall be mutually shared •etween Owner and City .
The proportion of costs shall be re-sonably determined by the
City .
6. At the time of repair , the lity shall have a
representative present on site to o•serve the work and note
the actual nature and location of t e sanitary sewer failure.
This information shall be used by t e City to determine the
responsibility of the repair and pa ment of bill for
services.
7. That this agreement , upon e ecution, shall be
recorded with the Recorder of Deeds of Kane County, Illinois
and shall constitute and be constru:-d as a lien agreement as
security for payment of Owner ' s sha e of the repair described
herein. This agreement shall constitute a lien upon the
property legally described herein t . the extent of Owner ' s
commitment in paragraph 2 above until same is paid in full . A
Page 2
89514142
: - legal description of property subject to said lien is set
I forth herein. This agreement shall be binding on Owners ,
' successors, heirs and assigns .
8 . Provided , however , in the ev nt Owner subdivides the
property legally described herein pror to complete payment
as provided in paragraph 2 herein Ci y agrees that , on
written request , the amount remainin due shall be prorated
between the subdivided parcels. Suc� proration shall be done
only if all owners of the property l gally described herein
agree and if the lien created herein is not subordinated to
any other interest which such lien was not subordinate to
prior to such proration. After proration, each subdivided
parcel shall be encumbered only to the extent of the prorated
amou .
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�" L#1;/.14,,....T-- fe/.4 N OWNER � OWNER
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STATE OF ILLINOIS )
) SS
COUNTY OF KANE )
ACKNOWLEGDGEMENT
/
I , the undersigned , a Nolrary Public in and for said County,
in the State aforesaid , DO HEREBY
personally
C TIFY that R- v
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mxmk ~,��m �==
per na l ly known to me to be
the same persons whce names are subscribed to the foregoing
instrument appeared before me this day in person , and
acknowledged that they signed , sealed and delivered the said
instrument as their free and voluntary act , for the uses and
purposes therein set forth
Given under my hand and official seal this day of
Pe-se=ibe�K~ . 1987.
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Commission Expires:
I OFFICIAL SEAL t
CITY OF ELGIN,
A Municipal Corporation
4 NOTARY PUBLIC, STATE OF ILLINOIS
My Commission Expires Dec.14\ 19*0 4P' 4
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't This Instrument Prepared by:
Ralph L. Ridley
City of Elgin
150 Dexter Court Elgin, IL
60120-5555
(312) 697-3329
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7
November 18 , 1988
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: City Manager
SUBJECT: 153 North Liberty Street
Sewer Problem
PURPOSE: This memorandum will provide the Mayor and Council with
information to consider a payment to correct the subject sewer
problem.
BACKGROUND: The City Council entered into an agreement on December
14 , 1987 with Linda and Rupert Searcy for the repair of the sani-
tary sewer serving 153 North Liberty. The subsequent repair of the
sewer was completed this summer. The agreement was entered into
with the understanding that the cost of the repair might be split
depending on the conditions found at the time of the repair.
The sewer was approximately 14 feet under the center of Liberty
Street and the house connection to the mainline sewer was found to
be incorrectly installed, or the main line sewer settled and
shifted. The original sewer and house connection and lateral would
have been installed by a contractor under contract to the City.
The ground conditions were wet and unstable. The contractor had to
excavate to the sanitary sewer and install approximately four feet
of new main line pipe in addition to repairing the house service
line. Because of the poor ground conditions, it was necessary to
call in another contractor whose expertise was in the shoring of
trenches to prevent further collapse of the trench walls and who
had a much larger backhoe.
The contractor experienced conditions not expected by either
himself or the City at the time of bid.
FINANCIAL IMPACT: The original contract to complete the repair of
the sanitary sewer was $3 ,700.00. The final cost to complete the
repair of the sewer was $9 , 121. 14 . The cost overrun was caused by
the poor soils which resulted in considerably more excavation then
normal, the subsequent need for shoring and the replacement of a
portion of the main line sewer and a section of the house service
lateral . The Searcy' s agreed to pay their share of cost to a
maximum of $3 ,700 .00 , with the actual amount to be determined based
on their responsibility in the matter. There are sufficient funds
in the Sewer Fund to pay for these repairs.
'- C
. J - -
Mayor and Members of
the City Council
November 18 , 1988
Page 2
RECOMMENDATION: Based on the above information, it is recommended
that the City Council authorize payment to the sewer contractor for
the repairs in the amount of $9 , 121 . 14 , and that the Searcy' s be
released from their original agreement to pay for costs. It is the
opinion of staff, based on field inspection of the actual work,
that the responsibility in this matter is the City' s. A copy of
the final bill from the contractor is attached for your considera-
tion.
aures J. ok, City Manager
Attachments
• j , ..
DATE August 25, 1988
City of Elgin
150 Dexter Ct. ar-Eg2awq
Elgin, IL 60120
AUG ''91988 ; .
INVOICECITY OF ELGIN
IN ACCOUNT WITH
ENGINEERING DEPT.
HANS and SONS, Inc.
PLUMBING • HEATING • AIR CONDITIONING
VENTILATING • SHEET METAL
219 KOSSUTH STREET SOUTH ELGIN,ILLINOIS 60177 1312)695-1414
III. Pibg. LIE. *058-053-166
PAYMENT TERMS Payment due immediately unless otherwise designated below
ISM CARRYING CHARGE PER MONTH AFTER 30 OATS
Breakdown on previous invoice billed
out on August 16th. Job #88-156.
153 N. Liberty St. - Elgin.
Blacktop 1,238.60
Illinois Hydraulic 1,950.00
Hans & Sons, Inc. - Labor 4,891.34
Equipment charge 1,041.20
Total amount billed 9,121.14
City of Elgin bill received after
original billing for 181.01 ? 181.01
9,302.15
kiiA ER ALISL~ \`;.
RECEIVED IN GOOD CONDITION
APPROVE ' FOR A E �
SIGNATOR ,!�/ /A ./
DATE e!
/„. Fr v r
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GEORGE E.COLE! FORM NO.210
LEGAL FORMS February,1985
RELEASE DEED
(ILLINOIS)
CAUTION:Consult a lawyer before using or acting under this form.Neither the publisher nor the seller of this form
makes any warranty with respect thereto,including any warranty of merchantability or fitness lora particular purpose.
FOR THE PROTECTION OF THE
OWNER, THIS RELEASE SHALL
BE FILED WITH THE RECORDER
OF DEEDS OR THE REGISTRAR
OF TITLES IN WHOSE OFFICE
THE MORTGAGE OR DEED OF Above Space For Recorder's Use Only
TRUST WAS FILED.
KNOW ALL MEN BY THESE PRESENTS,
THAT The City of Elgin
of the County of Kane and State of Illinois for and in consideration of one dollar, and for
other good and valuable considerations, the receipt whereof is hereby acknowledged, do es hereby remise,
release,convey and quit-claim unto Rupert Searcy and Linda S. Searcy
(NAME AND ADDRESS)
153 N. Liberty St. Elgin, IL 60120
heirs, legal representatives and assigns, all the right, title, interest, claim, or demand whatsoever it
agreement for repair 14th December
may have acquired in, through,or by a certain of Dani terry ,bearing date the day of ,
sewer
19 87 and recorded in the Recorder's Office of Kane County,in the State of__Illimis in Book —
of –r------- page --~as Document Number 1895442 , to the premises therein described,
situated in the County of Kane ,State of Illinois ,as follows,to wit:
Lot 9 in block III of J. Force's Heir's Addition to Elgin, in the City of Elgin,
Kane County, Illinois.
together with all the appurtenances and privileges thereunto belonging or appertaining.
Permanent Real Estate Index Number(s): 06-13-276-004
Address(es) of premises: 153 North Liberty Street, Elgin, /Illinois 60120
WITNESS my hand...._and seal this T. /' i f day of��/a1r
vc , 19 92 .
. _ / 0 r- p i[- -k- (SEAL)
Vilir
• (SEAL)
STATE OF Illinois •
ss.
COUNTY OF Kane
I, Nc_� mol\
anjottary public in and for the said County,in the State aforesaid,DO HEREBY CERTIFY that
�
1 ).K,cS \--V \ti 1,o.4--) 2-1-
personally
epersonally known to me to be the same person_ whose name k 3 subscribed to the
foregoing instrument, appeared before me this day in person, and acknowledged that _ he
—signed,sealed and delivered the said instrument as ,$ free and voluntary act,for the
uses and purposes therein set forth.
n
„.9,0 r 0• rn •._.. ,• •o ial seal,this \' day of ''O---t ,19
,IAL SEAL
r
NAfv..Y ROLL �\
NOTARY PORI IC. STATE OF ILLINOIS �` Notary Public
MY COMMISS.:jN EXPIRES 8-10-93
Commission expires
This instrument was prepared by lois Reiier of Herne Federal Savings of Elgin
(NAME AND ADDRESS) 16 North Spring Street
Elgin, Illinois 60120