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03-312 Resolution No. 03-312 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER PURPOSES FROM VIJAY KUMAR GUPTA AND DOLLY GUPTA (Far West Area) 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 for sanitary sewer purposes from Vijay Kumar Gupta and Dolly Gupta 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: November 19, 2003 Adopted: November 19, 2003 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk ` r G2tIZ3 K49G. MAP - SANDY WEGMAN M, il�(A� i RECORDER • KANE COUNTY, IL This Instrument Prepared RECORDED ON by and Return After 11 /25/2003 01:56PM Recording to: REC FEE: 39.00 William A. Cogley PAGES: 5 C�J�)Lity of Elgin egal Department 150 Dexter Court vs\ Elgin IL 60120-5555 7 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this /97-Hday of /t/p U,., 2003, by and between THE CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the "City"), and VIJAY KUMAR GUPTA AND DOLLY GUPTA, individually as husband and wife and as joint tenants (hereinafter collectively referred to as the "Grantor"). WITNESSETH WHEREAS. Grantor owns the real property legally described on the Plat of Easement prepared by Manhard Consulting, Ltd., of Vernon Hills, Illinois, dated April 29, 2003, attached hereto as Exhibit A, in Kane County, Illinois (the "Grantor's Parcel"); 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 other appurtenances related thereto over a portion or portions of the Grantor's Parcel; 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 (S 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. Sewer Easements. Grantor, being the owner of the Grantor's Parcel referenced herein, does hereby grant to the City of Elgin, an Illinois municipal corporation(the "City"), a permanent and exclusive (except as set forth in Paragraph 5 hereof) easement (the "Sewer Easement") in, across, and under the Grantor's Parcel to install, construct, operate, use, maintain, locate, upgrade, repair, service, remove or replace sanitary sewer lines and other appurtenances relating to sanitary sewer lines in, upon and under those portions of the Grantor's Parcel labeled as "Sewer Easement" on Exhibit A attached hereto and incorporated herein by this reference. 2. Restoration of Sewer Easement Premises. Following the exercise by the City of any easement rights granted herein, the City, in pursuance of the provisions of a certain Sewer Line Construction, Contribution and Recapture Agreement dated June 13, 2003, made and executed as consideration for the execution by the Grantor of this Easement -1- Agreement, shall promptly repair and restore the Sewer Easement premises to the same condition as existed immediately prior to the existence of such rights as is reasonably practicable and shall leave the Sewer Easement premises free from debris. 3. Indemnification. The City for itself, its employees, agents and independent contractors, hereby agrees to indemnify and hold Grantor and its successors harmless from any and all claims for personal injuries or property damage arising directly as a result of the City's work in the Sewer 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 Sewer Easement premises arising from such construction activities of the City. 4. Restrictions: Reservations. The Grantor and Grantor's successors shall not construct any buildings or other structures on the Sewer Easement nor undertake any other activities on the Sewer Easement which unreasonably interfere with the City's intended use of the easement premises. Anything herein contained to the contrary notwithstanding, it is understood that the Grantor shall have (and hereby reserves) the right to (i) construct or otherwise install surface improvements consisting of bicycle and pedestrian paths, publicly dedicated and private streets, sidewalks, wetland mitigation and buffer areas, and landscaping, and (ii) install utility service lines which run perpendicularly across the Sewer Easement premises as reasonably required to service the development on the Grantor's Parcel, provided that such is done in a manner which does not unreasonably interfere with the City's intended use of the Sewer Easement premises. 5. Amendment. No amendment, revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. 6. Entire Agreement. Except as set forth in the Sewer Line Construction, Contribution and Recapture Agreement referenced in the foregoing Paragraph 3, this Easement 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. Applicable Law. This Easement Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 8. Contractors. It is understood and agreed that the City may utilize the services of third party contractors, employees, or other agents to perform work in the Sewer Easement premises. 9. Warranty of Title. The Grantor hereby represents and warrants to the City that it is the fee simple title holder of the Sewer Easement premises and that it has the full power and authority to enter into and make the grant of easement as provided herein. 10. Binding. This Easement Agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 11. Recording. This Easement Agreement shall be recorded by the City at the Grantor's cost with the Kane County Recorder. -2- 12. Joint Preparation. This Easement Agreement is and shall be deemed and construed to be the joint and collective work product of the Grantor and the City and, as such, this Easement Agreement shall not be construed against either party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness, or conflict, if any, in the terms or provisions contained herein 13. Release of Easement. The City may terminate this instrument by recording a release in recordable form with directions for delivery of same, whereupon all rights, duties, and liabilities hereby created shall cease and be of no further force or effect. For convenience, such instrument may run in favor of"the owner or owners and parties interested in the Grantor's Parcel." 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 municipal corporation (441M- Y Mayor Vijay Kumar Gupta Attest: • '7/ // Zti W14074--- /1/. D�y p 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 and official seal, this /lilt day of Natal/012003. S=Zgti oo ib Notary DPub lic "OFFICIAL SEAL" STATE OF ILLINOIS ) SUELLYN LOSCH Notary Public, State of Illinois ) SS. My Commission Expires 10'27!06 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 VIJAY KUMAR GUPTA and DOLLY GUPTA,husband and wife, the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in -3- person and acknowledged that they signed and delivered the said instrument as their free and voluntary act for the uses and purposes therei -t forth. • /G, given •-r my hand d official seal, this ( � day of August, 2003. otary Publi, OFFICIAL SEAL DOUGLAS J. SCHEFLOW NOTARY PUBLIC,STATE OF ILLINOIS My Commision Expires 08-31-04 -4- 2©o3K204963 1