02-222 Resolution No. 02-222
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
FOR SANITARY SEWER LINE AND WATER MAIN IMPROVEMENTS
FOR THE BOWES ROAD INTERCEPTOR SEWER
(Illinois Hydraulic Construction Company)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be
and are hereby authorized and directed to execute an Easement
Agreement with Illinois Hydraulic Construction Company, for
sanitary sewer line and water main improvements for the property
legally described on Exhibit A, 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/ Ed Schock
Ed Schock, Mayor
Presented: June 12 , 2002
Adopted: June 12 , 2002
Vote : Yeas : 5 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Resolution No. 02-222
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
FOR SANITARY SEWER LINE AND WATER MAIN IMPROVEMENTS
FOR THE BOWES ROAD INTERCEPTOR SEWER
(Illinois Hydraulic Construction Company)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be
and are hereby authorized and directed to execute an Easement
Agreement with Illinois Hydraulic Construction Company, for
sanitary sewer line and water main improvements for the property
legally described on Exhibit A, 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 .
Ed Schock, Mayor
Presented: June 12 , 2002
Adopted:
Vote : Yeas Nays :
Recorded:
Attest :
Dolonna Mecum, City Clerk
(000, RAGREE/EASEMENT. IH
DRAFT 10/24/01
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT made and entered into this
day of , 2001, by and between the City of
Elgin, an Illinois municipal corporation, (hereinafter
referred to as the "City" ) , and Illinois Hydraulic
Construction Company, a Delaware Corporation, authorized to do
business in the State of Illinois (hereinafter referred to as
the "Grantor" ) .
WITNESSETH
WHEREAS, Grantor owns the real property legally
described on the plat of easement prepared by Barrington
Engineering Consultants, Ltd. , dated January 11, 2001, revised
October 17, 2001, attached hereto as Exhibit A, in Kane
County, Illinois; and
WHEREAS, the City of Elgin desires to obtain a
temporary construction easement from Grantor for the purpose
of constructing and installing sanitary sewer line and water
main improvements over a portion of certain property which is
adjacent to the property owned by Grantor; and
WHEREAS, Grantor has agreed to grant such a
temporary construction easement for such purposes pursuant to
the terms and conditions of this easement agreement .
NOW, THEREFORE, for and in consideration of Ten
Dollars ($10 . 00) in hand paid to Grantor, and other good and
3 . That the City for itself, its agents and
independent contractors, hereby agrees to indemnify and hold
Grantor and its successors harmless from third party claims
for personal injuries or property damage arising directly as a
result of the City' s work in the Temporary Construction
Easement Premises during construction. The City further
agrees to indemnify and hold harmless Grantor from any and all
liens placed against the Temporary Construction Easement
Premises arising from said construction activities .
4 . That during the term of the Temporary
Construction Easement granted herein the Grantor and its
successors shall not construct any structures or buildings nor
plant any trees on the Temporary Construction Easement
Premises nor undertake any other activities on the Temporary
Construction Easement Premises which unreasonably interfere
with the City' s intended use of the Temporary Construction
Easement Premises .
5 . That no amendment, revision or modification
hereof shall be effective unless it is in writing and signed
by all parties hereto.
6 . 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 .
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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 Ed
Schock, 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 voluntary
act for the uses and purposes therein set forth.
Given under my hand an official seal, this
day of , 2002 .
Notary Public
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
Thomas S. Rakow President , and
are 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 for the uses and purposes therein set forth.
Give9t under my hand an official seal, this 3/
day of (} , 2002 .
t -Y1 1 1
Nota y Public
This Instrument Prepared by
do iC1iL SEAL
and Return to: P tA
L .W 1, OHLFEST
William A. Cogley b F,t;tir ' 44"..,*TATE OF ILLINOIS
t F'w�,
City of Elgin 4 v v �7 + S:05112/03
Legal Department w .
150 Dexter Court
Elgin IL 60120-5555
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