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02-223 Resolution No. 02-223 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER LINE AND WATER MAIN IMPROVEMENTS FOR THE BOWES ROAD INTERCEPTOR SEWER (Thomas S . Rakow) 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 Thomas S . Rakow, 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. 02-223 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER LINE AND WATER MAIN IMPROVEMENTS FOR THE BOWES ROAD INTERCEPTOR SEWER (Thomas S . Rakow) 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 Thomas S . Rakow, 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 RAGREE/EASEMENT.TR DRAFT 10/24/01 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this day of , 2002 , by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City") , and Thomas S . Rakow (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 Ten Dollars ($10 . 00) in hand paid to Grantor, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That Grantor does hereby grant to the City a temporary construction easement for that portion of Grantor' s property legally described on Exhibit A attached hereto and described thereon as the "50 foot temporary construction easement" (hereinafter referred to as the "Temporary Construction Easement Premises" ) allowing access over and use of said portion of Grantor' s property for the purpose of constructing and installing sanitary sewer and water main improvements over a portion of certain property which is adjacent to the property owned by Grantor. The Temporary Construction Easement hereby granted shall be deemed terminated upon the completion of the original construction of the sanitary sewer line and water main improvements on the adjacent property but in any event shall automatically expire eighteen (18) months following the commencement of the original construction of the sanitary sewer line and water main improvements on the adjacent property. 2 . That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the Temporary Construction Easement Premises to the same condition as existed immediately prior to the existence of such rights as is reasonably practicable and shall leave the Temporary Construction Easement Premises and surrounding premises of Grantor free from debris . 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 -2- 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 . 7 . That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois . -3- 8 . That it is understood and agreed that the City may utilize the services of third party contractors, employees or other agents to perform work on either the adjacent property or the Temporary Construction Easement Premises . 9 . That the Grantor hereby represents and warrants to the City that it is the fee simple title holder of the Temporary Construction Easement Premises and that it has the full power and authority to enter into and make the grant of easement as provided herein. 10 . That this agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 11 . That this agreement shall be recorded by the City at the City' s cost with the Kane County Recorder. IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above . CITY OF ELGIN, an Illinois THOMAS S . RAKOW municipal corporation By By V Mayor Attest : Attest : t7cCom , % � / /' � City Clerk / -4- 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 PubLi6_ 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. Given under my hand an official seal , this 3/ day of V))6{,(, , 2002 . Notaryk , �� c ' :.,•,... &A iiMC,AL SEAL This Instrument Prepared b KEL�- CHLFEST P y < NOTARY PUB,' . a': OF ILLINOIS and Return to: c., s,Y CoryN ; ,c., -: ; O5112/0:, William A. Cogley City of Elgin Legal Department 150 Dexter Court Elgin IL 60120-5555 -5- . ,I OF EC / /9' /9 ?i a yb City of Elgin Agenda Item No. ; Er/ L ", IS'..- 0 0 I 1 0 Fir June 7, 2002 N �l t't }#8 FINANCIALLY STABLE CITY GOVERNMENT EFFICIENT SERVICES. TO: Mayor and Members of the City Council AND DUALITY INFRASTRUCTURE FROM: Olufemi Folarin, Interim City Manager SUBJECT: Easement Agreement between the City of Elgin and the Illinois Hydraulic Construction Company (IHC) , Thomas S . Rakow (TSR) and the Elgin Mental Health Center (EMHC) for Bowes Road Interceptor Sewer PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider approving the subject easement agreements needed for construction of the Bowes Rd. Interceptor Sewer-Phase 1B-Section B (BRIS-1B-B) . BACKGROUND The Bowes Road Interceptor Sewer, when completed, will serve future developments west of Randall Road including the Otter Creek Lift Station. The BRIS-1B-Section A was completed in 2001 . The final two subject easements will allow Section B to be bid in July 2002, with an anticipated completion in mid 2003 . The easement agreement with IHC and TSR is for a 50-ft . temporary construction easement . The easements are needed to provide sufficient work area to install the sanitary sewer main on the adjacent EMHC property. The easement agreement with EMHC is for a 30-ft . permanent easement and 15-ft . and 50-ft . temporary construction easement . A copy of the subject easement agreements are attached as Exhibit A (IHC) , Exhibit B (TSR) and Exhibit C (EMHC) . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT (4-ki The only direct costs for the subject easement agreements will be V the associated recording fees which are estimated to be less than �^ Agrmnt between COE, IHC and EMHC June 7, 2002 Page 2 $300 . In order to secure the EMHC easements, new landscaping will need to be installed within the work zone. It is estimated that the landscape items will cost $25, 000 . This cost will be bid as part of the overall project . There are sufficient funds available in the BRIS-1B construction budget to pay the recording fees. This project (#339593) has a total budget of $5 . 91 million dollars, with $4, 271, 620 still available . These expenses will be charged to account number 380-4200-795 . 92-41 ($2 . 53 million budget, $1, 439, 200 still available) . V\I\YV LEGAL IMPACT None . ALTERNATIVES 1 . Approve the subject easement agreements. 2 . Do not approve the agreements. An alternate route for the interceptor sewer would then need to be secured. RECOMMENDATION It is recommended that the City Council authorize the Easement Agreements with the Illinois Hydraulic Construction Corporation, Thomas S. Rakow and the Elgin Mental Health Center for the Bowes Road Interceptor Sewer. Respectfully submitted, 1411 111111 Olufemi arin Inter'm C ' t' - - - -ger SP:do Attachments r EXHIBIT A IHC Easement Agreement r RAGREE/EASEMENT. IH Ip@laTIE DRAFT 10/24/01 MAY 0 8 2002 EASEMENT AGREEMENT CITY OF ELGIN ENGINEERING DEPT. 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 Pk F 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 7' valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1 . That Grantor does hereby grant to the City a temporary construction easement for that portion of Grantor' s property legally described on Exhibit A attached hereto and described thereon as the "50 foot temporary construction easement" (hereinafter referred to as the "Temporary Construction Easement Premises") allowing access over and use of said portion of Grantor' s property for the purpose of constructing and installing sanitary sewer and water main improvements over a portion of certain property which is adjacent to the property owned by Grantor. The Temporary Construction Easement hereby granted shall be deemed terminated upon the completion of the original construction of the sanitary sewer line and water main improvements on the adjacent property but in any event shall automatically expire eighteen (18) months following the commencement of the original construction of the sanitary sewer line and water main improvements on the adjacent property. 2 . That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the Temporary Construction Easement Premises to the same condition as existed immediately prior to the existence of such rights as is reasonably practicable and shall leave the Temporary Construction Easement Premises and rift surrounding premises of Grantor free from debris . -2- 1 " C 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 elk 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 . -3- 7 . That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 8 . That it is understood and agreed that the City may utilize the services of third party contractors, employees or other agents to perform work on either the adjacent property or the Temporary Construction Easement Premises . 9 . That the Grantor hereby represents and warrants to the City that it is the fee simple title holder of the Temporary Construction Easement Premises and that it has the full power and authority to enter into and make the grant of easement as provided herein. 10 . That this agreement shall be binding on the parties hereto, their successors and permitted assigns and rk shall run with the land. 11 . That this agreement shall be recorded by the City at the City' s cost with the Kane County Recorder. IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above. CITY OF ELGIN, an Illinois ILLINOIS HYDRAULIC CONSTRUCTION municipal corporation COMPANY, a Delaware Corporation By By Mayor Attest : Attes : I : A &Lei ( rik City Clerk -% -4- fes- 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 acknowledgedthat he signed and delivered the said instrument as his free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal , this day of , 2001 . Notary Public STATE OF ILLINOIS ) SS . COUNTY OF K A N Erik I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that , is 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 of the uses and purposes therein set forth. Given under my hand an official seal, this day of , 2001 . Notary Public This Instrument Prepared by and Return to: William A. Cogley City of Elgin Legal Department 150 Dexter Court Elgin IL 60120-5555 -5- -9- V ZItIIHXH .4) EXHIBIT B TSR Easement Agreement RAGREE/EASEMENT.TR DRAFT 10/24/01 MAY 0 8 2002 EASEMENT AGREEMENT CITY OF ELGIN ENGINEERING DEPT. 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 Thomas S . Rakow (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 rft. 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 Ten Dollars ($10 . 00) in hand paid to Grantor, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : , • 1. That Grantor does hereby grant to the City a temporary construction easement for that portion of Grantor's property legally described on Exhibit A attached hereto and described thereon as the "50 foot temporary construction easement" (hereinafter referred to as the "Temporary Construction Easement Premises") allowing access over and use of said portion of Grantor' s property for the purpose of constructing and installing sanitary sewer and water main improvements over a portion of certain property which is adjacent to the property owned by Grantor. The Temporary Construction Easement hereby granted shall be deemed terminated upon the completion of the original construction of the sanitary sewer line and water main improvements on the adjacent property but in any event shall automatically expire eighteen (18) months following the commencement of the original construction of the sanitary sewer line and water main improvements on, the adjacent property. 2 . That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the Temporary Construction Easement Premises to the same condition as existed immediately prior to the existence of such rights as is reasonably practicable and shall leave the Temporary Construction Easement Premises and surrounding premises of Grantor free from debris. 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 -2- emk 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. 7 . That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois . -3- 8 . That it is understood and agreed that the City may utilize the services of third party contractors, employees or other agents to perform work on either the adjacent property or the Temporary Construction Easement Premises. 9 . That the Grantor hereby represents and warrants to the City that it is the fee simple title holder of the Temporary Construction Easement Premises and that it has the full power and authority to enter into and make the grant of easement as provided herein. 10 . That this agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. r11 . That this agreement shall be recorded by the City at the City' s cost with the Kane County Recorder. IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above. CITY OF ELGIN, an Illinois THOMAS S. RAKOW municipal corporation Byt/� By Mayor Attest : Attest : City Clerk -4- 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 of the uses and purposes therein set forth. Given under my hand an official seal, this day of , 2001 . Notary Public STATE OF ILLINOIS SS . COUNTY OF K A N E emk I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that , is 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 of the uses and purposes therein set forth. Given under my hand an official seal, this day of , 2001 . Notary Public This -Instrument Prepared by and Return to : William A. Cogley City of Elgin Legal Department 150 Dexter Court Elgin IL 60120-5555 -5- 9- ,1410) � ylslxxs j EXHIBIT C (• EMHC Easement Agreement r • r 30 FOOT SANITARY SEWER AND WATER MAIN EASEMENT THAT PART OF THE NORTH Y2 OF SECTION 26,TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:COMMENCING AT A • POINT ON THE NORTH'LINE OF SAID SECTION 26, SAID POINT BEING 1,889.97 FEET EASTERLY OF THE NORTHWEST`.CORNER OF SAID SECTION 26; THENCE SOUTH 00 DEGREES 18 MINUTES 31 SECONDS EAST,95630 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 18 MINUTES 31 SECONDS EAST, 30.00 0 FEET; THENCE NORTH 89 DEGREES .54 MINUTES 26 SECONDS EAST, 2,078.64 FEET TO THE CENTERLINE OF ILLINOIS STATE ROUTE 31; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT,HAVING A RADIUS OF 911.74 FEET,HAVING A CHORD BEARING OF NORTH 32 DEGREES 00 MINUTES 28 SECONDS EAST, AND HAVING AN ARC LENGTH OF 35.42 FEET;THENCE SOUTH 89 DEGREES 54 MINUTES 26 SECONDS WEST, 2,097.57 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. r-• TEMPORARY CONSTRUCTION EASEMENT THAT PART OF THE NORTH 4 OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS.: COMMENCING AT A POINT ON THE.NORTH LINE OF SAID SECTION 26, SAID POINT BEING 1,889.97 FEET EASTERLY OF THE NORTHWEST CORNER OF SAID SECTION 26; THENCE SOUTH 00 DEGREES 18 MINUTES 31 SECONDS EAST,945.25 FEET TO THE•POINT Or.BEGINNING; THENCE NORTH$9 DEG.kZEES.48 MINUTES 17 SECONDS EAST,-I,656,68 FEET;THENCE NORTH 00 DEGREES 05:M1N-UTES 34 SECONDS WEST, 35.99 FEET;.THENCE NORTH:89 DEGREES 54 MINUTES 26 SECONDS EAST, 468.86 FEET TO THE CENTERLINE OF ILLINOIS STATE ROUTE 31; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT,HAVING A RADIUS OF 911.74 FEET,HAVING A CHORD BEA RING OF SOUTH 29 DEGREES 5 MINUTES-43..SECONDS WEST, AND HAVING AN.ARC,-LENGTH OF.57.28 FEET; THENCE SOUTH 89 DEGREES 54•MINUTES'26'SECOND'WEST, 2,097.57 PEET; THENCE NORTH.00 DEGREES 18 MINUTES 31 SECONDS WEST, 11.05_FEET TO:,.THE. POINT OF BEGINNING, IN`THE CITY OF ELGIN, KANE'COUNTY, ILLINOIS. • • RAGREE/EASEMENT.SI DRAFT 12/6/01 • 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 the State of Illinois, as Owner -of the Elgin Mental Health Center Property, (hereinafter referred to as the "Grantor") . WITNESSETH WHEREAS, Grantor owns the real property legally described on the plat of • easement prepared by Barrington Engineering Consul nts, Ltd. , dated January 11 , 2001 , Cou inois • attached hereto as Exhibit in Kane County, , Illinois; and WHEREAS, the City of Elgin desires to obtain an easement from Grantor for the purpose of installing, constructing, operating, using, maintaining, locating , upgrading, repairing, replacing or removing sanitary sewer line and water main improvements over a portion of the property owned by Grantor; and WHEREAS, Grantor has agreed to grant such an 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 . . . valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That Grantor, being the owner of the property referenced herein, does hereby grant to the City of Elgin,�,a • Illinois municipal corporation, a permanent and exclusive easement to install, construct, operate, use, ma . - = n, locate, upgrade, repair, service, remove or replace sanitary sewer lines and a water main, and other appurtenances relating to sanitary sewer lines and a water main in that parcel of land located on the property of the Grantor, and legally described in Exhibit A - tached hereto and described thereon as a "30 foot sanitary sewer and water main easement" (hereinafter referred to as the "Easement Premises") . 2 . That Grantor does hereby further grant to the ' City a temporary construction easement for that portion of • Grantor' s property legally described on Exhibit A attached hereto and described thereon as the "temporary construction easement" allowing access over and use of said .portion of Grantor' s property for the purpose of constructing the sanitary sewer and water main improvements on the above-described Easement Premises . The temporary construction easement hereby granted sha] 1 be deemed terminated upon the completion of the original construction of the sanitary sewer line and water main .improvements in the Easement Premises but in any event shall. automatically expire eighteen (18) months elow following the commencement of construction by City. ., • -2- • rft. 3 . That following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the Easement - Premises or the temporary construction easement 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 the temporary construction easement premises and surrounding premises free from debris . 4 . That the City for itself, its agents and independent contractors, hereby agrees to indemnify and hold Grantor, its agents, employees and officials and its successors harmless from third party claims for personal injuries or property damage arising directly as a result of the City's workin the Easement Premises and the temporary construction easement premises during construction or during any subsequent maintenance or repair thereof. The City further agrees to indemnify and hold harmless Grantor from any and all liens placed against the Easement Premises or the temporary construction easement premises arising from said construction activities . 5 . That the Grantor and their .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 which unreasonably interfere with the City's intended use of the Easement Premises . • • • . rh. 6 : That no amendment, revision or modification . hereof shall be effective unless it is in writing and signed by all parties hereto. 7. 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. 8 . That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois . 9 . That it is understood and agreed that the City may utilize the services of third party contractors, employees • or other agents to perform work in either the Easement Premises or the temporary construction easement premises . 10 . That the Grantor hereby represents and warrants . to the City that it is the fee simple title holder of the. Easement Premises and the temporary construction easement premises and that it has the full power and authority to enter into and make the grant of easement as provided herein. 11 . That this agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 12 . That this agreement shall be recorded by the (00-. City at the City' s cost with the Kane County Recorder. • -4- • . • . . . • • r • 13 . That upon the completion of the original construction of the sanitary sewer line and - water main improvements in the Easement Premises the City agrees to install at its cost the landscaping. as set forth in the Baxter & Woodman Landscaping Plan for the Elgin Mental Health Center • property dated May 31, 2001, attached hereto as , ibit B IN WITNESS WHEREOF, the parties have - eyed into and executed this Easement Agreement on the date and year first written above. . CITY OF ELGIN, an Illinois STATE OF ILLINOIS, AS OWNERS OF • municipal corporation THE ELGIN MENTAL HEALTH CENTER PROPERTY ' • • • / Air ''' '. By Mayor By P:. __- .. ' Attest : Attest : City Clerk -' _. 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 ackriowle - - - and delivered the said instrument as his ledact of the uses and purposes therein set fo: • ' . Given, under my- -hand an official/` day -of , 2001 . .if ' fi e.,:// Notary Publ: 1' r . ._ . ik — ,;:drill i°j:///1//'rj .i.) -S- tr 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 , is 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 of the uses and purposes therein set forth. Given under my hand an official seal , this day of , 2001 . • Notary Public This Instrument Prepared by and Return to: William A. Cogley City of Elgin Legal Department 15.0 Dexter Court Elgin IL 60120-5555 • tow -6- _ . . • , EXHIBIT A r -7 TOTRL P.09 433/19/2002 14:51 847-742-0661 EMHC RESOURCE MGMT PAGE 01 C0/1 frAs-64t7 City of ...gin may. Ed Schon Council Member. Juan Figuerof Robert GiThan Ruth Munaor John Walters March 18,2002 Stuart Mellow* Marie Yearman Mr.Rich Landwehr City Manager Director of Resource Management Joyce A.Parker Elgin Mental Health Center 750 S. State St. Elgin,IL 60123 RE:Bowes Road Interceptor Sewer-Phase 1B--Section B Dear Mr.Landwehr: • Per our recent phone conversation,this letter is to confirm that the temporary construction easement required in conjunction with the subject project does not encompass your facility's security fence. The project does not require that the security fence be removed or altered in any manner. The City will install a work boundary fence approximately 3 feet from the security fence to ensure that this fence is not damaged during construction activities. Please call me at 847-931-5955 if you have any questions regarding this matter. Sincerely, CITY OF ELGIN Steve Pertzborn,P.E. Senior Engineer 150 Dexter Court• Elgin, IL 60120-5555 • Phone 847/931-6100•Fax 847/931-5610 •TOD 847/931-5616 , �.d or n.cyaw mpgwww.cityotelgin.org . - ' ' -• • • memen. . . . ' .•, . , • , _ . , . ' • , .. ELGIN MENTAL HEALTH CENTER rELGIN MENTAL HEALTH CENTER PARKING LOT 60'TDIPORAff•• - .ON EASEMENT RUMOR(ORISIRUCIION EAMON FM Ma TO PERMANENT EASEMENf ill _L.+NO.4 7 WOE GRAVEL B.M.4-NI 3 1 c __, oCS A ACCESS ROW - liff 7 0 1" • . . _ a CP 14 ———---13"- -NNO5 4,14.3 -------40.64 - 51WINI17-41111111111111.1111111111111111111r ,_ 4.: PRAIRIE MAIERVLS/CENTRAL Et AOGOP I 30'PENIANEW EMDEN! W 1W WOW(CORS1RUCION EMBIBR I 1175' c I50', I No .._ _ _ A TREE/EVERGREEN SNWIFS MEI/EVERPM. GREEN Nervy I .---I I ELGIN MENTAL HEALTH CENTER B.I.L44.3. 6 rs 30'PERNFNENT EASEMEW ' I I i 113PORFAV CENSINJC11011[ARUM MOM 17 WIDE GNAW 13.14+140. A ACCESS RON) 5 I FENCE TO PENIAMDIT Galen' I - . t —74--- ' tr =MINIM '''"Wriligir'"INWSIM.711 ', I I ',,"'. ..., 's 441(4)111 CEN1ERED N3RTN OF SWIM woman UNE(111.) ' 2C TREE/EVERGREEN SWAM CP CP 4 PRAIRIE MATE A(4TKE i EVER3RaN: ALTMAN NINO CRIMSON ILVLE(2,..) * fa• SNR IVO MO/0231RIAN/WillE PINES ON 20 AND CENT CURERS. r INSERIPTION WA Baxter & Woodman CITY OF ELGIN, ILUNOIS Cy vilal lay ANIMA 4611.1210 . BOWES ROAD INTERCEPTOR SEWER I aurihvim, Wimotain 414.14Ltrild4 ' PHASE 19-PART B w•0 D N ON Peng.1111n,r4s 708.6,10.TOPO Cowl%"ben , •,......-. . ... ...... .. • . 6 . *. * . .• . , . ..., . . , ,' * ,.....,....., • . . . . . . . . r . . • ELGIN MENTI . i . I 30PERMANENT EAMON 1 4 6.14+NO. 4 , , . . ir wn A ADXSS ROO Ig . - 0' • , ''': O 0•••• —'1". ''"'.'-'. ,i,--, .iiii. 1 'mar' 111,*/ • --, .... t + t I*. • '• i 1.: •1:' 'IO I - ' . ;;;.:- ,`t p • g i 1 6 i I i ) • 100'TDIPOIWN cotamucnom ram i lir iscri 175. i IKE/ ,•.,-.., stomp TREE/EVERGREEN I I I -t---- ---+-----i--- I I i • • .... , 834.-4-NO.6 r 30'PEJO/ANDO EASEIIENT . 1 , 1 TD1PORARY CONSTRUCTION EA ...Ai /DICE TO PIEREVNENT EMI ..... Mr , .. .• mac t sioworwor;;,. t _ ._ t t ••' 1 ill git, -,- •-_,--, ._.. ..Q..0 ..._:„.._",..i..._.._.._._......., --:-..,:z..-___.._. .._.,_.:,- - 9j CENtERSO 1Ci 4- tiOnt OF SOWN DUEMEN1 UNE(NP) . . . 451 oe TREE/0 eCP . . ili. REV.,NO. DATE DESCRIPTION REV.NO. DOE _ DESCRIPTION WA; Eel - 14 • _ ' 4 Id! ' , -.. . WOOD IN Coesitiv hiarso . - . . ............ ....... 111 . • .. .''• . , . _ 00' it.00 rib' ELGIN MENTAL HEALTH CENTER / 11/ PARKING LOT : TER // .42 / i- . ,, EA'TEKPOPAR(CON , -ON ri cospicar Enbling COISTitucnal Mow FAN /h;) i IRMNIEIR CASOOK Deentbn • . BJA.- 4410-3 111 Basin .../4 ......-- - 2' 4" 3" a• / -' jr, - . ../. / , • .- 0+00 9// f TR • -9 4. '' d: ''' . "'"' 3'.:..'NI. o ' '2' • .___.. 11?-7-To-----a7:-.------,---------'w---- Al / / ' 72ALS/CORRAL BLAERTOP I ' BY PERMANENT=MDR i ;, Sign va CoNsaucnow EASEMENT I / I 200' , TREEI/EMMEN NA* 16.11--9-NO. 2 Nre16.9 I 4 I ELGIN MENTAL HEALTH CENTER ' I 12'ME GRAVEL it Zz-R.04.4440. 5 PERWHENT EANT - I PRO:MO:TO SEME _ 4-• wr_._ , .. ,tr ..._, , , . a cp 4 I milli en.sp AI, i 21°3 wry le:Cle MOO i 200' 175' Ma a _ims TKEE/EVERGREEN SRUBS JP • • .CP a, PRAIRIE WTERIALS/CEITTRAL BLACKTOP o e * TREE__ /yERGREDt V - ALIENANE KING CRWSON MAPLU2sg) . 9• swum &MOM LD.Ac,BuRIIING am, - / WPM IREE TO BE REMOVED NO PEPLACED DORM OXISIRUMIOA eillilk . NO MIRIAM/NOE PINES ON 20 CENTERS. AM)PERSTRIA AMU ON 4 I'M cortats . . • ek Woodman CITY OF ELGIN, ILLINOIS . ELGIN MENTAL HEALTH CENTER CESANED N SOME ots Balla \ 4 aim* IMMO.f2S0 , BOWES ROAD INTERCEPTOR SEWER . LANDSCAPING PLAN AL it 990046 \ 444•04463 466/16119.4 PHASE 113-PART B w. MI.11.0.?070 . 11-,11-ni OF