06-10 Resolution No. 06-10
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
FOR SANITARY SEWER AND WATERMAIN PURPOSES FROM CAROLYN M.
GATHMAN, TRUSTEE and ROBERT B. GATHMAN, TRUSTEE
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 and watermain purposes from Carolyn M.
Gathman, as Trustee of the Declaration of Trust Agreement No. 202 of Carolyn M. Gathman dated
March 13, 2001 and Robert B. Gathman,as Trustee of the Declaration of Trust Agreement No.201
of Robert B. Gathman dated March 13,2001,each as to an undivided one-half(1/2)interest,for the
property legally described on Exhibit A-2, 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: January 11, 2006
Adopted: January 11, 2006
Vote: Yeas: 6 Nays: 1
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
:_ �NII�tID�UIi�II���l01lII��AN
Z006KO09321
This Instrument Prepared
by and Return After 2 0 m 6 K 4r 0 9 3 2 1
Recording to: SANDY VEGNAN
William A.Cogley,Esq. RE ER - KANE COUNTY, IL
City of Elgin RECD E -01/24/2W6 03:33PPI
Legal Department R 80 RASPS FEE:
150 Dexter Court P OES: 7
Elgin,Illinois 60120-5555 0
EASEMENT
16F
THIS EASEMENT ACREEMEN a tered into this day of
2006,by and between the CITY OF ELGI 1 ois unicipal corporation,(hereinafter
referred to is the"City"),and CAROL Y N,as Trustee of the Declaration of
Trust Agreement No. 202 of Carolyn M. t dated March 13,2001 and ROBERT B.
GATHMAN,as Trustee of the D of st Agreement No. 201 of Robert B.Gathman
dated March 13,2001,eac t ed one-half(%Z)interest (hereinafter referred to as
the"Grantor").
WITNESSETH
WHEREAS,Grantor owns the real property depicted on the Plat of Easement prepared
by Henderson and Bodwell,L.L.P.,of Elmhurst,Illinois,dated December 14,2005, attached
hereto as Exhibit A-I and legally described on Exhibit A-2 attached hereto(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 underground sanitary sewer lines and water main improvements and other
appurtenances related thereto under a portion or portions of the Grantor's Parcel;and
il
V) 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:
I. Sewer and Water Easements. Grantor,being the owner of the Grantor's Parcel referenced
herein,does hereby grant to the City permanent and exclusive(except as set forth in Paragraph 4
hereof)easements(the"Sewer and Water Easements")to install,construct,operate,use,
maintain, locate,upgrade,repair,service,remove,or replace underground sanitary sewer lines
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and water mains,and other underground 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 attached hereto("Easement Premises"). No above-ground structures
(other than manholes and hydrants)or roadways may be constructed o aintained by the City
pursuant to this Easement Agreement.
2. Restoltion of Easement Premises. Following the ex7cis e any easement
rights granted herein,the City shall promptly repair and resto r, premises to the
same condition as existed immediately prior to the existenc h as is reasonably
practicable. In all construction within the Sewer an at ,the following guidelines
shall control:
a. Topsoil shall be stripped from t ent Premises and stockpiled on
Grantor's adjacent property as c e irected by City,provided,howcvcr,
that in the event Owner fails v e s ch locations and directions to City,the
topsoil shall be stockpil o a on of Grantor's property adjacent to the
Easement Premises,as d to i by City. Grantor hereby further grants to City
a temporary easem ose of stockpiling topsoil on Grantors'adjacent
property;
b. Excav d t h o' hall be stockpiled separate from the topsoil as located
and di t by for on Grantor's adjacent property as located and directed by
Grantor, A owever,that in the event Grantor fails to provide such
locations an 'rections to City,the excavated trench spoils shall be stockpiled on
that portion of Grantor's property adjacent to the Easement Premises as
determined by City.Grantor hereby further grants to City a temporary easement
for the purpose of stockpiling trench spoils on Grantor's adjacent property;
C. After pipe installation,trench spoils shall be placed back in the trench in uniform
layers not exceeding twelve(12)inches thick(loose measure);
d. Excess clay matcrial shall be placed over the entire Easement Premises in uniform
layers;
e. Not less than six(6)inches of topsoil shall be respread over the entire Easement
Premises.All remaining topsoil shall be evenly respread over the entire Easement
Premises;
f. Final grading shall be performed in such a manner that adheres to drainage
patterns prior to initiation of the installation;under no circumstances shall there
be any ponding of stormwater runoff in areas where ponding did not occur prior to
construction contemplated in this Agreement;
g. The entire Easement Premises shall be seeded with rye or oats upon completion of
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2006K009321 217
final grading. Planting of seed shall occur between May 1 and September 30,
unless directed otherwise by Grantor;and
h. Grantor shall be added as an additional insured party to insurance policies
issued to or on behalf of City with respect to any work w i the Sewer and
Water Easements.
The Easement Premises and surrounding premises shalt be le
3. Indemnification. The City for itself,its agent and contractors,hereby agrees
to indemnify and hold Grantor and its successors n and all third party claims for
personal injuries or property damage arising di tl the City's work in the
Easement Premises during construction or d ny ub ent maintenance or repair thereof.
The City further agrees to indemnify and hot 1 for from any and all liens placed
against the Easement Premises arising from tru tion activities.
4. Restrictions:Reservations. The to d Grantor's successors shall not construct any
buildings on the Easement Premis n e e any other activities on the Easement Premises
which unreasonably interfe w' a intended use of the Easement Premises. Anything
contained in this Agreeme t th tr notwithstanding,it is understood that the Grantor
shall have(and hereb ery e ' t to(i)construct or otherwise install surface
improvements consis par in lot improvements,private or publicly dedicated streets and
sidewalks,bicycle and p es aths,and landscaping and(ii)install utility lines and related
appurtenances which cross p dicutarly through the Easement Premises as reasonably
required to service any 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.
5. Amendment. No amendment,revision,or modification hereof shall be effective unless it
is in writing and signed by all parties hereto.
G. Entire Agreement. 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 Easement Premises.
9. Warranty,of Title. The Grantor hereby represents and warrants to the City that it is the
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fee simple title holder of the 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 pa ereto,their
successors and permitted assigns and shall run with the land.
11. or in . This Easement Agreement shall be recorde y t e an r he Grantor's
cost with the Kane County Recorder.
12. Joint Preparation. This Easement Agreement is and s and construed to be the
joint and collective work product of the Grantor and d, c ,this Easement Agreement
shall not be construed against either party,as the oth M fter of same,by any court of
competent jurisdiction in order to resolve any m en b ty,vagueness,or conflict,if any,
in the tams or provisions contained herein.
13. Release of Easement. The City may instrument by recording a release in
recordable form with directions for delivery hereupon all rights,duties,and liabilities
hereby created shall cease and be of n r effect.
14. Expiration of Easem t. t Agreement and the rights granted to the City
hereunder shall expire a mah 11 'n event the construction of the sanitary sewcr and water
mains contemplated in h s Easement Agreement has not been initiated within five(S)
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
municipal corporation
B
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Mayor Trustee
Attest: *&t;(—/3.
Trustee
City CIerk
rcausnhra+r.as
2006K009321 417
STATE OF ILLINOIS )
SS.
COUNTY OF K A N E )
I,the undersigned, a Notary Public,in and for said County,in the to aforesaid,do hereby
certify that Ed Schock,Mayor,and Dolonna Mecum,City Clerk,of th LGIN,personally
known to me to be the same persons whose names are subscribe th f r trument,appeared
before me this day in person and acknowledged that they signed and' aid instrument as their
free and voluntary act of the uses and purposes therein set ford
Given under my hand and official seal,this d 2006.
o Public
"OFFICI 1i.SCAV
.1=WFER QUIN f ON
STATE OF ILLINOIS
COUNTY OF K A N E
I, the undersi Not Public,in and for said County, in the State aforesaid,do hereby
certify that Carolyn M.Ga , rustcc of the Declaration of Trust Agreement No.202 of Carolyn
M. Gathman dated March 1 001 and Robert B_ Gathman, as Trustee of the Declaration of Trust
Agreement No.201 of Robert B.Gathman dated March 13,2001,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 J'- lay of 2006,
c.l c rAeS�. S �
Notary Public
OFFIf_IAL SEAL" y
JAN:ES^.SKCAAR
H0TH;y 7.,g ;i(„•,,-;TE 01 ILL
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2006KO09321 517
EXHIBITPIN: 05-35-400-005
GATHIVLAN PARCEL UTILITY EASEMENT
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EAST HALF OF THE
SOUTHEAST QUARTER OF
SECTION 35-41-7
PROPOSED 50'
UTILITY EASEMENT
PLATO PLATO
TOWNSHIP TOWNSHIP
3 35 2 f
2 2 PROPOSED 50' ly CAMPTON
CAMPTON UTILITY EASEMENT
TOWNSHIP
TOWNSHIP
HENDERSON and BODWELL, L.L.P.
CONSULTING ENGINEERS
124 WEST DIVERSEY,ELMHURST,IL.60126-1102
TEL.NO. (630)834-9406
FAX NO. (630)834-0329
www.handb.com DECEMBER 14,1005
P\CUant\RvxWnild Land FwWYXF02\0mwb a\EnV"S1M\&V"Y Naro\J� Svv*"\CAT101AU PAKM UTILITY EASDEXfdq 12/112005 ?2624 PN CM
EXHIBIT.L-.L
LEGAL DESCRIPTION
GATHMAN PROPOSED UTILITY EASEMENT
THE WESTERLY 50.00 FEET, AS MEASURED PERPE I LAR TO THE
WESTERLY LINE THEREOF, TOGETHER WITH THE SOUT 50.00 FEET,
AS MEASURED PERPENDICULAR TO THE SOUTHERL REOF, OF
THE EAST HALF OF THE SOUTHEAST QUARTER , TOWNSHIP
41 NORTH, RANGE 7 EAST OF THE THIRD PRIIY IAN, IN THE
TOWNSHIP OF PLATO,KANE COUNTY ILLINOIS.
DECEMBER 15,2005 0
0
EXHIBIT A:.I
2006KO09321 717