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07-96 unrecorded Resolution No. 07-96 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER LINES AND WATER MAIN PURPOSES FROM THE FOREST PRESERVE DISTRICT OF KANE COUNTY 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 lines and watermain purposes from the Forest Preserve District of Kane County 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: April 25, 2007 Adopted: April 25, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk May 4, 2007 Mr. Richard L. Heimberg Attorney at Law 2425 Royal Boulevard Elgin, IL 60123 Re: Easement Agreement for Sanitary Sewer Lines and Water Main Purpose from the Forest Preserve District of Kane County Dear Bud: Pursuant to your request, duplicate originals of the subject easement agreement executed by Mayor Schock and me are enclosed. You have advised me that you will have both copies signed on behalf of the Forest Preserve and will have the Easement Agreement recorded with the Kane County Recorder. The City Clerk's office will be provided with the original Easement Agreement after recording. Sincerely, Dolonna"Loni"Mecum, CMC City Clerk Enclosure c: William Cogley Resolution No. 07-96 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER LINES AND WATER MAIN PURPOSES FROM THE FOREST PRESERVE DISTRICT OF KANE COUNTY 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 lines and watermain purposes from the Forest Preserve District of Kane County 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. Ed Schock, Mayor Presented: April 25, 2007 Adopted: Vote: Yeas Nays: Recorded: Attest: Dolonna Mecum, City Clerk This Instrument Prepared by and Return After Recording to: William A. Cogley, Esq. City of Elgin Legal Department 150 Dexter Court Elgin, Illinois 60120-5555 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT made and entered into this day of , 2007,by and between the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the "City"), and FOREST PRESERVE DISTRICT OF KANE COUNTY (hereinafter referred to as the "Grantor"). WITNESSETH WHEREAS, Grantor owns the real property depicted on the Easement Exhibit prepared by Henderson and Bodwell, L.L.P., of Elmhurst, Illinois, dated August 9, 2006, attached hereto as Exhibit A-1 and legally described on Exhibit A-2 attached hereto (the "Grantor's Parcel"); and WHEREAS, the City 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 WHEREAS, Grantor has agreed to grant such easement for such purpose 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. 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 to install, construct, operate,use, maintain, locate, upgrade, repair, service, remove,or replace underground sanitary sewer lines and water mains, and other underground appurtenances relating to sanitary sewer lines and water mains in, upon, and under the Grantor's Parcel labeled as "90 Foot Utility Easement" on Exhibit A-I attached hereto ("Easement Premises"). No above-ground structures (other than manholes and hydrants) or roadways may be constructed on maintained by the City pursuant to this Easement Agreement. realest\rlfkc fpd.eas a 2. Restoration of Easement Premises. 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. In all construction within the Easement Premises, the following guidelines shall control: a. Topsoil shall be stripped from the entire Easement Premises and stockpiled on Grantor's adjacent property as located and directed by City, provided, however, that in the event Grantor fails to provide such locations and directions to City, the topsoil 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 topsoil on Grantor's adjacent property; b. Excavated trench spoils shall be stockpiled separate from the topsoil as located and directed by Grantor on Grantor's adjacent property as located and directed by Grantor, provided,however, that in the event Grantor fails to provide such locations and directions 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 material 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 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 all insurance policies issued to or on behalf of City with respect to any work within the Easement Premises. reatest\rlfkcfpd.eas f The Easement Premises and surrounding premises shall be left free from debris. 3. Indemnification. The City for itself, its agents and independent contractors,hereby agrees to indemnify and hold Grantor and its successors harmless from any and all 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. 4. Restrictions: Reservations. 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 consisting of parking lot improvements,private or publicly dedicated streets and sidewalks,bicycle and pedestrian paths, and landscaping and (ii) install utility lines and related appurtenances which cross perpendicularly 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. 6. 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 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 parties hereto,their successors and permitted assigns and shall run with the land. 11. Recording. This Easement Agreement shall be recorded by the Grantor at the Grantor's realestAfkdpleas r cost with the Kane County Recorder. 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. IN WITNESS WHEREOF,the parties have entered into and executed this Easement Agreement on the date and year first written above. CITY OF ELGIN FOREST PRESERVE DISTRICT OF KANE COUNTY By By: Mayor Attest: Attest: City Cterk realesttrlfkcfpd.eas C 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, of the CITY OF ELGIN , 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 ) 2007. Notary Public STATE OF ILLINOIS ) SS. COUNTY OF K A N E ) 1,the undersigned,a Notary Public,in and for said County,in the State aforesaid,do hereby certify that ,President,and ,Secretary,of the Forest Preserve District of Kane County,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 the free and voluntary act of such District for the uses and purposes therein set forth. Given under my hand and official seal, this day of 52007. Notary Public realest\rlfkcfpd.eas EXHIBIT A-1 FOREST PRESERVE UTILITY EASEMENT I I Inch _ 100 fr_ I S4I �� # I m TRAVELED rrrTTT TRAVELED CENTERLINE �: CENTERLINE .e+ 0.35' NORTHERLY TRAVELED CENTERLINE $ I 1.06" SOUTHERLY 0.44' NORTHERLY = \ 2.14' 3s f NENA QUIT M DEED CENTERLINE DESCRIBED D 2.51'ESOUTHER SOUTHERLY W y RECORDED JUNE 17, 1977 AS 1 776.74 W DOCUMENT No. 1410669 NBl'06'21 E 1 v;n ,1 TRAVELED CENTERLINE S06'09'08"W n I 00 I 94.33' W~ o N86-37'09"E 390.38' A z W 1 633.64' m S81'00'37" I W 730, o U11UTY EASEMENT w$ I 103152 W L�7p•72 R=1110.00' SB5'36'19'W S82"►g.47"W 237.17' HEREBY GRANTED W i.° 136.21' POINT OF BEGINNING 1 Or � 90 FOOT UTRITY EASEMENT 1 EAST LINE OF THE LANDS DESCRIBED z ,NEST LANE OF THE LANDS DESCRIBED LANDS DESCRIBED I IN DOCUMENT IN DOCUMENT Nm 2002K 111681 IN A TRUSTEE DEED RECORDED No. 2002K 111681 SEPTEMBER 10, 2002 AS DOCUMENT No. 2002K 111681 POINT OF CONgKNCEMENT I SOUTH LINE OF THE SW 1/4 OF SECTION 35-41-7 8 g RENZ)ERSON wd BODWELL,L.L P. COPOIX7DOENGDOW tar wesrDAMMY,REAURNsT,¢.60126-1601 AUGUST 9,2006 rNL Na 000)83"m REVISED IANUARY21,2007 FAXNIX(00R .rv,. REVEMFEBRUARY21,2007 �.aam /M� !M/,00Zllr"r.2P _COM rNllrjp 6 Om[rNN[AtadUq vnaon n47M M 631 EXHIBIT A-a FOREST PRESERVE NINETY (90) FOOT UTILITY EASEMENT (SOUTH OF SPRING CREEK FARM) LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: THAT PORTION OF THE LANDS DESCRIBED IN A TRUSTEE'S DEED RECORDED SEPTEMBER 10, 2002 AS DOCUMENT NUMBER 2002K 111681 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SAID SOUTHWEST QUARTER OF SECTION 35; THENCE NORTH 07 DEGREES 19 MINUTES 41 SECONDS EAST, ALONG THE WEST LINE OF SAID LANDS, A DISTANCE OF 889.78 FEET TO THE POINT OF BEGINNING, POINT ALSO BEING ON A LINE DRAWN PARALLEL WITH AND 90. 00 FEET SOUTHERLY OF, AS MEASURED PERPENDICULAR AND RADIALLY TO, THE TRAVELED CENTERLINE OF MCDONALD ROAD; THENCE CONTINUING NORTH 07 DEGREES 19 MINUTES 41 SECONDS EAST, ALONG SAID WEST LINE, A DISTANCE OF 90. 85 FEET TO THE CENTERLINE OF SAID MCDONALD ROAD AS DESCRIBED IN A QUIT CLAIM DEED RECORDED JUNE 17, 1977 PER DOCUMENT 1410669; THENCE EASTERLY, ALONG SAID DESCRIBED CENTERLINE, THE FOLLOWING FOUR (4) COURSES AND DISTANCES; (1) THENCE SOUTH 74 DEGREES 01 MINUTE 36 SECONDS EAST A DISTANCE OF 2.14 FEET; (2) THENCE SOUTH 76 DEGREES 23 MINUTES 14 SECONDS EAST A DISTANCE OF 310 .15 FEET; (3) THENCE NORTH 86 DEGREES 37 MINUTES 09 SECONDS EAST A DISTANCE OF 390.38 FEET; (4) THENCE NORTH 81 DEGREES 06 MINUTES 21 SECONDS EAST A DISTANCE OF 778.74 FEET TO THE EASTERLY LINE OF SAID LANDS PER DOCUMENT 2002K 111681; THENCE SOUTH 06 DEGREES 09 MINUTES 08 SECONDS WEST, MORE OR LESS ALONG SAID EAST LINE, A DISTANCE OF 94 .33 FEET TO THE AFORESAID 90.00 FOOT PARALLEL LINE; THENCE WESTERLY THE FOLLOWING FIVE (5) COURSES AND DISTANCES ALONG SAID 90.00 FOOT PARALLEL LINE; (1) THENCE SOUTH 81 DEGREES 00 MINUTES 37 SECONDS WEST A DISTANCE OF 633 .64 FEET MORE OR LESS; (2) THENCE SOUTH 82 DEGREES 19 MINUTES 47 SECONDS WEST A DISTANCE OF 237.17 FEET; (3) THENCE SOUTH 85 DEGREES 36 MINUTES 19 SECONDS WEST A DISTANCE OF 138.21 FEET; (4) THENCE WESTERLY ALONG THE ARC OF A NON-TANGENTIAL CURVE, CONCAVE TO THE NORTH AND HAVING A RADIUS OF 1, 110. 00 FEET, A DISTANCE OF 370.72 FEET AND WHOSE CHORD LENGTH OF 369. 00 FEET BEARS NORTH 82 DEGREES 54 MINUTES 36 SECONDS WEST TO A POINT OF TANGENCY; (5) THENCE NORTH 73 DEGREES 20 MINUTES 32 SECONDS WEST A DISTANCE OF 103 .15 FEET TO THE POINT OF BEGINNING, LYING IN KANE COUNTY, ILLINOIS. AUGUST 9, 2006 FEBRUARY 21, 2007 '