06-304 $
Resolution No. 06-304
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
FOR WATER MAIN AND PUBLIC UTILITY PURPOSES
FROM FIRST INDUSTRIAL L.P.
(1111 Davis Road)
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 main and public utility purposes from First Industrial L.P.
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: December 20, 2006
Adopted: December 20, 2006
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
This Instrument Prepared
T By and Return After
Recording to:
William A. Cogley
City of Elgin
Legal Department
150 Dexter Court
Elgin, IL 60120-5555
EASEMENT AGREEMENT
D HIS EASEMENT AGREEMENT is made and entered into this 2-0 day of
&pt , 2006, by and between the CITY OF ELGIN, an Illinois municipal corporation,
(hereinafter referred to as the City ), and FIRST INDUSTRIAL L.P., a Delaware limited
partnership, (hereinafter referred to as the Grantor ).
WITNESSETH:
WHEREAS, the Grantor owns certain real estate commonly known as 1111 Davis
Road, Elgin, Kane County, Illinois (hereinafter referred to as the "Subject Property"); and
WHEREAS, the parties have determined that it is in their best interests for the City to
agree to vacate a portion of a previously granted water main easement and public utility
easement on the Subject Property and in exchange therefore for the Grantor to grant to the
City a new easement for water main over that portion of the Subject Property as hereinafter
described.
NOW, THEREFORE, for and in consideration of Ten. Dollars ($10.00) in hand paid to
Grantor, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. That Grantor hereby grants and conveys to the City a permanent and exclusive
easement to install, construct, operate, use, maintain, repair, service, upgrade, replace or
remove water mains, and appurtenances relating thereto, in, through, under and upon that
portion of Grantor's property identified as Easement No. 1 and legally described on the Plat of
Easement prepared by Alan J. Coulson, P.C., dated February 27, 2006, attached hereto as
Exhibit A (such portion of Grantor's property identified as Easement No. 1 and legally
described on Exhibit A attached hereto is hereinafter referred to as the "Easement Premises").
2. That the City does hereby release and vacate that portion of a 15 foot water
main easement previously created pursuant to Document No. 1615273 and that portion of a 5
foot underground public utility easement previously created pursuant to Document No.
1206526 as described and depicted on the Plat of Vacation prepared by Alan J. Coulson, P.C.,
dated February 27, 2006, a copy of which is attached hereto as Exhibit B.
3. That the Grantor shall not construct any buildings or structures nor plant any
trees on the Easement Premises nor undertake any other activities which unreasonably
interfere with the Easement Premises and the City s intended use thereof.
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4. 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 conditions as
existed immediately prior to the exercise of such rights as are reasonably practicable.
5. That no amendment, revision or modification hereof shall be effective unless it
is in writing and signed by all of the parties hereto.
6. That the City for itself, its agents and independent contractors, hereby agrees to
indemnify and hold Grantor and his 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 harmless Grantor from any and all liens placed
against the Easement Premises arising from said construction activities.
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 the Easement Premises.
10. That the Grantor hereby represents and warrants to the City it is the fee simple
title holder of the Easement Premises and that it has the full power and authority to enter into
and make the grants 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 Grantor at the Grantor 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 FIRST INDUSTRIAL, L.P., a Delaware
municipal co .:Kati` limited partnership,
BY _ . , iv/ By , ' 1 - /"
Ma Its vPO- '-yq`
Attest:
ii/-11-&-.-4/ (k-Q-e-- --
City Clerk
t
r
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 "-0 day of-Q e be -,-2006.
"OFFICIAL SEAL"
•
WILLIAM A.COGLEY /-.rink
III■ il,' f
Notary Public,State of Illinois Notary Public
My Conmisoion Expires 8/1109
STATE OF 0)/17/� )
) SS.
COUNTY OF pp 4 vC )
I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do
hereby certify that 4 , the V,v of First Industrial, L.P., a
Delaware limited partnership, is pers nally 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 Ali4 day of Dreterber, 2006.
Notary P lic
A:\EASEME-I.WPD
OFFICIAL SEAL.
ANN M WOLF
NOTARY PUIUC-STATED,LWOW
MY COMN ON DPINNI ION/