04-210 Resolution No. 04-210
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT
FOR WATER AND SEWER PURPOSES FROM MB FINANCIAL BANK, N.A.
(Northwest Expansion 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 water and sewer purposes from MB Financial Bank,N.A. 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/Robert Gilliam
Robert Gilliam, Mayor Pro Tern
Presented: July 28, 2004
Adopted: July 28, 2004
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
210 Q►4K 1 1 10 366
SANDY WEGMAN
RECORDER
This Instrument Prepared KANE COUNTY, IL
by and Return After 08/19/2004ED11:12AN
Recording to: REC FEE: 32.00
William A. Cogley PAGES: 11
City of Elgin
Legal Department
150 Dexter Court
Elgin IL 60120-5555
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT made and entered into this 6th day of May
2004,by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to
as the "City"), and MB FINANCIAL BANK,N.A., as Successor Trustee under the provisions of
a Trust Agreement dated February 16, 1970(hereinafter referred to as the"Grantor").
WITNESSETH
WHEREAS, Grantor owns the real property legally described on the Plat of Easement
prepared by Cemcon,Ltd., of Aurora,Illinois, dated March 8,2004(updated April 19,2004),
attached hereto as Exhibit"B",in Kane County,Illinois(the"Grantor's Parcel"); and
WHEREAS,the City of Elgin desires to obtain easements from Grantor for the purpose
of installing,constructing, operating,using,maintaining, locating, upgrading,repairing,
replacing or removing sanitary sewer lines and water main improvements and other
appurtenances related thereto over a portion or portions of the Grantor's Parcel; and
WHEREAS, Grantor has agreed to grant such easements 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. Sewer and Water Easements. That 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"), permanent and exclusive(except as set forth in Paragraph 5 hereof)easements(the
"Sewer and Water Easements")to install,construct, operate,use,maintain,locate,upgrade,
repair, service,remove,or replace sanitary sewer lines and water mains, and other appurtenances
relating to sanitary sewer lines and water mains in,upon, and under those portions of the
Grantor's Parcel labeled as"Sewer and Water Easement" on Exhibit"A-1" attached hereto
(hereinafter referred to as the"Easement Premises").
2. Temporary Construction Easements. That Grantor does hereby further grant to the City a
temporary construction easement over that portion of Grantor's Parcel labeled as "Temporary
Construction Easement" on Exhibit"A-2" attached hereto(hereinafter referred to as the
"Temporary Construction Easement Premises")allowing access over and use of said Temporary
Construction Easement Premises 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 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 five(5)years from the date and year first written
above.
3. Restoration of Easement Premises and Temporary Construction Easement Premises.
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. Indemnification. That the City for itself, its 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
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. Restrictions: Reservations. That the Grantor and Grantor's successors shall not construct
any buildings 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.
Anything contained in this Agreement 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 other than buildings(such as,by way of example and not by way of limitation,
parking lot improvements,private or publicly dedicated streets, lighting, signage,drainage and
stormwater management facilities,wetland mitigation,fences,bicycle and pedestrian paths, and
landscaping) and(ii)install utility lines over, across,upon, and under the 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
Easement Premises.
6. Time and Notices. Except in the event of an emergency,City shall give Grantor
reasonable prior notice of their intention to perform work on the"Temporary Construction
Easement'' and/or"Permanent Easement". In those cases where the City needs access to the
Easement Premises through portions of the property as shown on Exhibit`B"that is outside the
Easement Premises, City shall notify Grantor of such need not less than three(3)business days
prior to such entry, such entry shall be subject to Grantor's prior consent,which consent shall not
be unreasonably withheld and/or delayed, and such entry shall be at such reasonable times as
agreed by Grantor and the City.
7. ' Amendment. That no amendment,revision,or modification hereof shall be effective
unless it is in writing and signed by all parties hereto.
8. Entire Agreement. The parties hereto acknowledge that they have entered into an
Agreement to Grant Easement of even date. Except as set forth in said Agreement to Grant
Easement,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.
9. Applicable Law. That this Easement Agreement shall be governed by and construed in
accordance with the laws of the State of Illinois.
10. Contractors. 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.
11. Warranty of Title. 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.
12. Binding. That this Easement Agreement shall be binding on the parties hereto, their
successors and permitted assigns and shall run with the land.
13. Recording. That this Easement Agreement shall be recorded by the City at the City's cost
with the Kane County Recorder.
14. 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.
15. 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. In the event of discontinuance by
the City of the use of the Easement Premises for the purposes granted herein and the failure of
the City to reinstate such use within three(3)years of the initial discontinuance thereof, the City
shall 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."
16. Expiration of Easement. This Easement Agreement and the rights granted to the City
hereunder shall expire automatically in the event the construction of the sanitary sewer and water
main contemplated in Paragraph 1 of this Easement Agreement has not been initiated within
five(5)years after the date hereof.
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 MB FINANCIAL BANK,N.A.,
municipal corporation as Successor Trustee aforesaid
By By:
Mayor Its
Attest: Attest:
—6" wj��
City Clerk Its VI CE gyp,£
STATE OF ILLINOIS )
SS.
COUNTY OF KANE )
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 day of 2004.
Notary PuElic
STATE OF ILLINOIS )
SS. OFFICIAL SEAL"
COUNTY OF KANE CHERYL SEARING
) Notary Public,State of Illinois
My Commission Expires 07/23/06
I,the undersigned, a Notary Public,in and for said County, ' ,
certify CES A- f/}rA and 48 M (Zr-PM95td 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 and official seal,this day of ,2004.
lip, ft j
A L or Notary Public Za
ANA I.COSS
NOTARY PUBLIC STATE OF ILLINOIS
M Commission E fires 1210112004
go= Alb WMR EMMUMT
TRACT A
I� 30 FOOT 'WIDE STRIP OF I AND LYING 15 FEET ON EACH SIDE
.(RIGHT AND LEFT) OF A CENTERLINE RUNNING THROUGH SECTION 12
AND THE NORTH HALF OF SECTION 13, TOWNSHIP 41 NORTH, RANG-E.
7 , EAST . OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS
FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH -.LIM OF THE
NORTH 75 ACRES OF THE SOUTHWEST QUARTER OF THE NORTHEAST,
QUARTER OF , SAID SECTION 13 AND A LINE THAT IS 15 FEET
WESTERLY OF (AS MEASURED AT RIGHT ANGLES THERETO) AND
PARALLEL WITH THE CENTERLINE OF RUSSELL ROAD: THENCE
NORTHERLY ALONG -SAID PARALLEL LINE• TO A LINE THAT .IS 75
FEET -SOUTHERLY OF(AS MEASURED AT RIGHT ANGLES THERETO) AND
PARALLEL WITH THE CENTERLINE OF PLANK ROAD; THENCE WESTERLY
ALONG SAID PARALLEL LINE TO A. LINE TUNT IS 590. 8 FEET
EASTERLY OF(AS MEASURED AT RIGHT. ANGLES THERETO) AND
PARALLEL WITH- THE WEST LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 1-2; THENCE NORTHERLY ALONG SAID PARALLEL LINE
TO A LINE THAT IS 75 FEET NORTHERLY •OF(AS MEASURED AT RIGHT
ANGLES THERETO.) AND PARALLEL WITH THE CENTERLINE OF PLANK
ROAD; THENCE WESTERLY ALONG SAID PARALLEL LINE TO A LINE
TEXT IS 15 FEET EASTERLY OF(AS MEASURED AT RIGHT ANGLES.
THERETO) AND PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST
QUARTER; THENCE NORTHERLY ALONG SAID pAMLLEL LINE AND"
ALONG A LINE THAT IS 15 FEET EASTERLY OF(AS MEASURED AT
RIGHT ANGLES THERETO) AND ,PARALLEL WITH THE WEST, LINE OF
THE NORTHWEST QUARTER OF SAID SECTION 12 TO THE CENTERLINE
OF U. S. ROUTE 20 (LANE STREET) FOR A POINT OF TERMINUS OF
THE HEREON DESCRIBED CENTERLINE. EASEMENT LIMITS EXTENDING
AND TERMINATING AT THE CENTERLINE OF U. S. ROUTE 20 (LAKE
STREET) AND THE SOUTH LINE OF THE NORTH 75 ACRES OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUMTER OF SAID SECTION
15, IN KANE COUNTY, ILLINOIS .
RARY MRSTRUMIOR EASM&M
TRACT B
A 100 FOOT WTDE STRIP OF LAND LYING 50 'FEET ON EACH SIDE
(RIGHT AND LEFT) OF A CENTERLINE RUNNING THROUGH. SECTION 12
AND THE NORTH RALF OF SECTION 13, TOWNSITY� '•41 NORTH, RANGE
7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED ' AS'
FOLLOWS:
BEGINN'TNG AT THE INTERSECTION OF THE SOUTH LINE •OF THE
NORTH ?5 ACRES OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 13 AND A LINE THAT IS 140 FEET
WESTERLY OF(AS MEASURED AT RIGHT ANGLES THERETO) AND
PARALLEL WITH THE CENTERLINE OF 'RUSSELL ROADf . THENCE
NORTHERLY ALONG SAID PARALLEL LINE TO A LINE THAT •IS 140
FEET. SOUTHERLY OF(AS MEASURED AT RIGHT ANGLES THERETO) AND
PARALLEL WITH THE CENTERLINE OF PLANK ROAD; THENCE WESTEM
ALONG -SAID PARALLEL LINE TO A TINE THAT IS 655:8 • FEET
EASTERLY . OF(AS MEASURED AT RIGHT ANGLES THERETO) AND
PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 12; - THENCE NORTHERLY ALONG SAID PARALLEL LINE
TO A LINE THAT IS 140 FEET NORTHERLY OF(AS MEASURED AT
RIGHT ANGLES THERETO) AND PARALLEL WITH THE CENTERLINE OF
PLANK ROAD; THENCE WESTERLY ALONG SAID PARALLEL LINE TO A
LINE THAT IS 80 FEET EASTERLY OF(AS MEASURED AT RIGHT
ANGLES THERETO) AND PARALLEL WITH THE WEST LINE OF SAID
SOUTHWEST QUARTER; THENCE NORTHERLY . ALONG SAID PARALLEL
• LINE AND ALONG A LINE THAT IS 80 FEET EASTERLY OF(AS
MEASURED AT RIGHT ANGLES THERETO) AND PARALLEL WITH THE
WEST LINE 'OF THE NORTHWEST QUARTER OF SAID SECTION 12 TO
THE CENTERLINE OF U. S. ROUTE 20 (LP= STREET) FOR A POINT
OF TERMINUS OF THE HEREON DESCRIBED CENTERLINE. EASEMENT
LIMITS EXTENDING AND TEPHINATING AT THE CENTERLINE OF U. S.
ROUTE 20 (LAKE STREET) AND THE SOUTH LINE OF THE NORTH 75
ACRES OF THE SOUTHWEST QUARTER OF THE NORTHEAS.T OLWTER OF
SAID SECTION 13, IN MM COUNTY, ILLINOIS .
TRACT C
THAT PART OF THE SOUTH HALF OF SECTION 12 AND THE NORTH
HALF OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN LYING WESTERLY AND SOUTHERLY OF
WEST- LIKE RUSSELL ROAD AND THE SOUTH LINE OF PLANK ROAD AND
TO THE RIGHT (EAST AND NORTH) OF THE FOLLOWING DESCRIBED
LLNE,. BEGINNING AT THE INTERSECTION OF THE SOUTH LINE - OF
THE NORTH 75 ACRES OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER 'OF SAID SECTION 13 AND A LINE THAT IS 60
FEET WESTERLY OF(AS MEASURED AT RIGHT ANGLES THERETO) AND
PARALLEL WITH THE CENTERLINE OF • RUSSELL ROAD; THENCE
NORTHERLY ALONG SAID PARALLEL LINE TO A LINE THAT IS 60
FEET SOUTHERLY OF(AS MEASURED AT RIGHT ANGLES THERETO)• AND
PARALLEL WITH THE CENTERLINE OF PLANK ROAD; THENCE, WESTERLY
ALONG SAID PARALLEL LINE TO A LINE THAT IS 705!8 REEF
EASTERLY OF(AS MEASURED AT RIGHT ANGLES* THERETO) AND
PARALLEL •WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 12 FOR A POINT OF TERMINUS OF THE HEREON
DESCRIBED LINE. EASEMENT LIMITS EXTENDING AND TERMINATING
A.T A LTI3E THAT IS 705.8 FEET EASTERLY OF(AS HEASURED AT
RIGHT ANGLES THERETO) AND PARALLEL WITH THE WEST LINE OF
1 - -
THE SOUTHWEST QUARTER 'OF SAID' SECTION 12 AND THE SOUTH LINE
OF THE NORTH 75 ACRES OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 13, IN KANE COUNTY,
ILLINOIS.
TRACT D
THAT PART OF THE SOUTH HALF OF SECTION 12-1 TOWNSHIP 41
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING
NORTHERLY OF THE 'NORTH LINE 6F PLANK ROAD, SOUTHERLi OF A
LINE THAT IS 60 FEET NO!kTHBRLY OF(AS MEASURED AT RIGHT
ANGLES THERETO) AND PARALLEL 'WITH THE CENTERLINE OF PLANK
ROAD AND WESTERLY OF LINE THAT IS 575.8 •FEET EASTERLY OF(AS
tMASURED AT RIGHT ANGLES THERETO) AND PARALLEL WITH TIM
WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12.
EASEMENT LIMITS EXTENDING AND TERMINATING AT A LINE THAT IS
$75.6 FEET EASTERLY OF(AS MEASURED AT RIGHT ANGLES THERETO)
AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 12 AND THE WEST 'LINE 'OF SAID SOUTHWEST
• QUARTER, IN KANE COUNTY, ILLINOIS.
TRACT E• .
THAT PART OF THE SOUTH HALF OF SECTION 1'2, TOWNSHIP 41
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING
SOUTHERLY OF THE SOUTH LINE OF PLANK ROAD, 14ORTHERLY OF A
LINE THAT IS 190 FEET SOUTHERLY OF(AS MEASURED AT RIGHT '
ANGLES THERETO) AND ,PARALLEL WITH THE CENTERLINE OF PLANK
-ROAD, 'EASTERLY OF LINE. THAT IS 525.8 FEET EASTERLY OMS
MEASURED AT' RIGHT ANGLES THERETO) AND PARALLEL WITH THE
J
WEST LINE OF TIM SOUTHWEST QUARTER OF SAID SECTION 12 AND
WESTERLY OF A LINE THAT IS 6Q5.8 FEET EASTERLY .OF(As'
MEASURED AT RIGHT ANGLES THERETO) AND PARALLEL WITH THE
WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION, '
EXCEPTING THEREFROM ANY PARR` OF SAID TRACT E WHICH FALLS IN
TRACT A DESCRIBED ABOVE, IN KANE COUNTY, ILLINOIS.
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