02-224 Recorded easement Resolution No. 02-224
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
FOR SANITARY SEWER LINE AND WATER MAIN IMPROVEMENTS
FOR THE BOWES ROAD INTERCEPTOR SEWER
(Elgin Mental Health Center Property)
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 the State of Illinois, as Owners of the Elgin Mental
Health Center Property, 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. 02-224
[ RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
FOR SANITARY SEWER LINE AND WATER MAIN IMPROVEMENTS
FOR THE BOWES ROAD INTERCEPTOR SEWER
(Elgin Mental Health Center Property)
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 the State of Illinois, as Owners of the Elgin Mental
Health Center Property, 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.SI 47)
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
47)
Engineering Consul nts, Ltd. , dated January 11, 2001 ,
attached hereto as Exhibit A� 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 _tacked 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 shall be deemed terminated, upon_ the
ofl
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 (is) months
following the commencement of construction by City.
-2-
3 . That following the exercise by the City of any 47,
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
47)
the City 's work in 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 .
_3 _
. .
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
City at the City' s cost with the Kane County Recorder.
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•
' 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 WITNEESS 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
. )1- / \A.
By BY �'� 41
. ,
Mayor "14.)
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 acknowle -
and delivered the said instrument as his ,((„0/04.7
rte /ui
act of the uses and purposes therein set fa •
r� v
. Given. under my .hand an official ---
/
day of , 2001 . 'l(
/ • d
MUI
Notary Publ.: V e/ 47)
_5_ V
•
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
. 150 Dexter Court
Elgin IL 60120-5555
-6-
.1 • •
30 FOOT SANITARY SEWER AND WATER MAIN EASEMENT
THAT PART OF THE NORTH V2 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,956.30 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 00 DEGREES 18 MINUTES 31 SECONDS EAST, 30.00 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.
TEMPORARY CONSTRUCTION EASEMENT
THAT PART OF THE NORTH 1,4 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 OF BEGINNING;
THENCE NORTH89 DEGREES 48 MINUTES 17 SECONDS EAST, 1;656.68 FEET;THENCE
NORTH 00 DEGREES 05 MINUTES 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 BEARING OF SOUTH 29
DEGREES 5 MINUTES 43 SECONDS WEST, AND HAVING AN ARC LENGTH OF. 57.28
FEET; THENCE SOUTH 89DEGREES 54MINUTES-26 SECONDS WEST, 2,097.57 FEET;
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.
. • . . .
. ,
_ .
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AS .
. ELGIN MENTAL HEALTH CENTER
r
PARKING LOT
ELGIN MENTAL HEALTH CENTER
50'TEMPORARY •*, - * •
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TEMPOWN CONSTRUCRON EASEMENT EROM
FENCE ID PERMANENT EASEMENT
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1W TOPORNO'CONSTRUCTION EMMERT .... I
175' 15,7 I 203'
WEE/EVERGREEN -
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DESCRIPTION or
Baxter ct Woodman CITY OF ELGIN, ILURIOIS E
110 owed WI*/amt. 111.4604120 BOWES ROAD INTERCEPTOR SEWER
4 RwrOrgizoi, 1Rownsairs 414.1,43.7834 PHASE 18-PART 0
W 0 0 Dirt NI .
Oak Persak oak, 700.580.7070
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SCALE: 1' 4. 40'
ELGIN MENTAL HEALTH CENTER
PARKING LOT i
Siftst '
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//, 18//
50'TEMPORARY CON '. 4 ON i" / , 1
EASEMENT
CONSTRUCTION EASEMENT FROM Existing
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vet tommucnoN EASDADTT I •
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ELGIN MENTAL HEALTH CENTER
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ACCESS ROAD FROM FENCE TO PERMANENT EASEMENT
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SHRUBS TREE/EVERGREEN SHRUBS
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PRAIRIE MATERIALS/CENTRAL BLACKTOP
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', .....:: ALTERIATE ICING CRIMSON. MAPLE(2F1g) MERW3E tlIAC.BURNING BUSH, AND REPLACED DURING CONSTRUCTIO
MD PL
ALISIRIAWItHITE PINES ON 20 MD FORSYTHIA BUSHES ON 4 FM
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WSW. 813.460.1280 BOWES ROAD INTERCEPTOR SEWER LANDSCAPING PLAN Wm TO PR5TECTASIKLNaTED
ain irf 190045
INvoowskt 414.763.5884 PHASE 18-PART B
Mast* 708.640,7070 OF
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ELGIN MENTAL HEALTH CENTER
750 South State Street
Elgin, Illinois 60123-7692
INTER- OFFICE
CORRESPONDENCE
DATE: June 27, 2002
MEMO TO: Drew Kerr
FROM: 'chard Landwehr
Director of Resource Managment, EMHC •
SUBJECT: Easement Draft
The attached "draft" has been signed by the Mayor and City Clerk. I explained to the City
Clerk the City would receive a completed/signed/official copy back, after CMS approval.
RL/aw
Elgin City Clerk
FN=
PPM-1511-1, Issued 01/08/93
RAGREE/EASEMENT. PR
5/23/02
This Instrument Prepared L 2 t cJ i ;,?
by and Return After.,.
Recording to:
William A. Cogley
City of Elgin P
Legal Department
150 Dext r Court
Elgin IL -4'0'120-5555
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT made and entered into this
f /7day of ,71;,,e_ , 2002 , by and between the City of Elgin,
an Illinois municipal corporation, (hereinafter referred to as
the "City") , and Paul Rosen (hereinafter referred to as the
"Grantor") .
WITNESSETH
WHEREAS, Grantor owns the real property legally
described on the plat of easement prepared by Landmark
Engineering Group, Inc . , Job Number 01-374 , attached hereto as
Exhibit A, in Cook 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
lines and storm sewer lines 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 .
PIN: 06-19-113-071
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, an
Illinois municipal corporation, a permanent and exclusive
easement to install, construct, operate, use, maintain,
locate, upgrade, repair, service, remove or replace sanitary
sewer lines and storm sewer lines, and other appurtenances
relating to sanitary sewer lines and storm sewer lines in that
parcel of land located on the property of the Grantor, and
legally described in Exhibit A attached hereto (hereinafter
referred to as the "Easement Premises" ) .
2 . That following the exercise by the City of any
easement rights granted herein, the City shall promptly repair
and restore the 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 surrounding premises 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
for personal injuries or property damage arising 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
-2-
harmless Grantor from any and all liens placed against the
Easement Premises arising from said construction activities.
4 . 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 .
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 .
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 in either the Easement
Premises .
9 . That the Grantor hereby represents and warrants
to the City that it is the fee simple title holder of the
Easement Premises premises and that he has the full power and
-3-
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 Cook 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 PAUL ROSEN
municipal corporation
By
,..
Mayor
Attest :
W4-
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, and Dolonna Mecum, City Clerk, 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 of the uses and
purposes therein set forth.
Given under my hand an official seal, this k7 (
day of Au G , 2002 .
i
No ary Pu. is
.Gay"." "�;,.�1 =a *�.,sem/'•
OFFICIAL SEAL
SUELLYN LOSCH
• NOTARY PUBLIC, STATE OF ILLINOIS
My Commission Expires Oct. 27, 2002 ; -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 Paul
Rosen 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 //alt'
day of -JUS , 2002 .
Get,
"OFFICIAL SEAL Notary P lic
Jennifer Garda
Notary Putaic,Stale of Vaujo12 iv
Commies►aes 7127
12
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