14-113 Recorded Resolution No. 14-113
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A
SEWER EASEMENT AGREEMENT FOR SANITARY SEWER PURPOSES
WITH SMC PROPERTIES, LLC AND FUNK PROPERTIES LIMITED
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized
and directed to execute a sewer easement agreement for with SMC Properties, LLC and Funk
Properties Limited for sanitary sewer purposes for the property legally described in the sewer
easement agreement, a copy of which is attached hereto.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: August 13, 2014
Adopted: August 13, 2014
Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
'cj Oi E�Ci
City of Elgin Memorandum
Date: September 24, 2014
To: Kimberly A. Dewis, City Clerk
From: William A. Cogley, Corporation Counsel
Subject: Sewer Easement Agreement for Property Adjacent to Otter Creek Shopping
Center
Attached for the city clerk's files is a copy of the sewer easement agreement between the City of
Elgin and SMC Properties, LLC and Funk Properties Limited granting the city a sewer easement
for certain property described therein which is adjacent to the Otter Creek Shopping Center on
Randall Road. The document was recorded on September 3, 2014 as Document No.
2014K043289.
WAC
ksb
Attachment
cc: Ron Rudd(via e-mail w/attachment)
Joe Evers (via e-mail w/attachment)
2014K04328'3
SANDY W E G M A N
RECORDER - KANE COUNTY, IL
RI-CORDED: 9/3/2014 0'3:21 tM9
EC FEE: 68.00
PAGES: 16
SEWER EASEMENT AGREEMENT
THIS SEWER EASEMENT AGREEMENT is made and entered into this
13th day of August , 2014, by and between the CITY OF ELGIN, an Illinois
municipal corporation, (hereinafter referred to as the"City"), SMC PROPERTIES, LLC an
Illinois limited liability corporation, (hereinafter referred to as "Developer") and FUNK
PROPERTIES LIMITED, an Illinois corporation, (hereinafter referred to as the"Grantor").
WITNESSETH
WHEREAS, Grantor owns the real property depicted on Exhibit "A" attached
hereto, along with other property, in Kane County, Illinois (the"Grantor's Parcel"); and
This Document Prepared By and After Recording Return to:
Douglas J. Scheflow
SCHEF LOW & RYDELL o
63 Douglas Ave., Suite 200
Elgin, Illinois 60120
Telephone 847-695-2800
Fax 847-695-4547
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WHEREAS, the Grantors's Parcel includes the Easement Premises, defined
herein below; and
WHEREAS, Developer is in the process of developing the property North of and
adjacent to Grantors Property as legally described on Exhibit"B" attached hereto, in Kane
County, Illinois("Developer's Parcel") and required the installation of a sanitary sewer line
through a certain area of Grantor's Property to be dedicated to the City of Elgin; and
WHEREAS, the City of Elgin requires an easement from Grantor to facilitate
development of the Development Parcel, for the purpose of installing, constructing, operating,
using, maintaining, locating, upgrading, repairing, replacing or removing sanitary sewer lines
and appurtenances related thereto over a portion or portions of the Grantor's Parcels; and
WHEREAS, Grantor has agreed to grant such easements for such purposes
pursuant to the terms and condition 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 sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. Sewer Easement. 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"), a permanent and exclusive (except as set forth in Paragraph 5 hereof) easement (the
"Sewer Easement") to install, construct, operate, use, maintain, locate, upgrade, repair, service,
remove, or replace sanitary sewer lines, and appurtenances relating to sanitary sewer lines in,
upon, and under those portions of the Grantor's Parcels, being legally described on Exhibit C
attached hereto (hereinafter referred to as the "Easement Premises").
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2. Temporary Construction Easements. That Grantor does hereby further grant
to the City a temporary construction easement over that portion of Grantor's Parcel being
described on Exhibit D attached hereto (hereinafter referred to as the"Temporary Construction
Easement Premises") allowing access over and use of said Temporary Construction Easement
Premises for the purposes of construction of the sanitary sewer 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
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.
3.5 Original Construction of Sanitary Sewer Improvements. Notwithstanding
anything to the contrary in this Easement Agreement, it is agreed and understood that Developer
or Developer's successors in interest shall be responsible at its cost for the original construction
of the sanitary sewer improvements and appurtenances relating thereto in the Easement Premises
in accordance with plans and specifications approved by the City.
4. Indemnification. (A) That the City for itself, its agents and independent
contractors, hereby agrees to indemnify and hold Grantor and its successors harmless from any
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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 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 by the City. (B) That the Developer for itself, its agents and independent
contractors, hereby agrees to indemnify and hold Grantor and City and their successors harmless
from any and all third party claims for personal injuries or property damage arising directly as a
result of the Developer's work in the Easement Premises and the Temporary Construction
Easement Premises during construction or during any subsequent maintenance or repair thereof
by Developer. The Developer further agrees to indemnify and hold harmless Grantor and City
from any and all liens placed against the Easement Premises or the Temporary Construction
Easement Premises arising from said construction activities by Developer.
5. Restrictions: Reservations. That the Grantor and the 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 consisting of parking lot
improvements, private or publicly dedicated streets, sidewalks, bicycle and pedestrian paths and
landscaping and (ii) install utility lines which cross perpendicularly through the Easement
Premises as reasonably required to service the development on the Grantor's Parcel, provided
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that such is done in manner which does not unreasonably interfere with the City's intended use
of the Easement Premises.
6. Time and Notices. In those cases where the City or Developer require access
to the Easement Premises through portions of Grantor's Parcel that is outside the Easement
Premises, City or Developer 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 or Developer.
7. Use by Grantor. Grantors, its successors and assigns, may connect to any
utilities installed on the Easement Premises by Developer without any payment to Developer or
to the City for recapture or other reimbursement towards the Developer's cost of constructing the
utilities on the Easement Premises. Grantor and its successors and assigns shall remain subject
to any other recaptures imposed by the City and subject to the ordinances of the City and the
usual and customary fees due to the City regarding the utilities.
8. Amendment. That no amendment, revisions, or modification hereof shall be
effective unless it is in writing and signed by all parties hereto.
9. 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.
10. Applicable Law. That this Easement Agreement shall be governed by and
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construed in accordance with the laws of the State of Illinois.
11. Contractors. That it is understood and agreed that the City and/or Developer
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.
12. Warranty of Title. That the Grantor hereby represents and warrants to the
City and Developer 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 provide herein.
13. Binding. That this Easement Agreement shall be binding on the parties
hereto,their successors and permitted assigns and shall run with the land.
14. Recording. That this Easement Agreement shall be recorded by the
Developer at the Developer's cost with the Kane County Recorder.
15. Joint Preparation. This Easement Agreement is and shall be deemed and
construed to be the joint and collective work product of the Developer, 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.
16. 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,
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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.
(Signature Pages to Follow)
CITY OF ELGIN, an Illinois
municipal corporation
By 1iir i( .
David : -tain, ayor
Attest:
'w1/r ___&
Kimberly Dewis, City Clerk
STATE OF ILLINOIS )
) ss.
COUNTY OF KANE )
I, the undersigned, a Notary P> blic, in and for said County, in the State aforesaid,
do hereby certify that David Kaptain, Mayor, personally known to me to be the same person
whose name is subscribed to the foregoing instrument, appeared before me this day in person and
acknowledge that he signed and delivered the said instrument as his free and voluntary act of the
uses and purposes therein set forth.
*and Kimberly Dewis, City Cle1k,
Given under my hand an official seal, this 1344 day of /St vs\ , 2014.,I°JENNIFER QUINTON N• ary Public
f -�� OFFICIAL SEAL
� . �' Notary Public.State of!moll
My Commission Expires
` j,� January 10,2418
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FUNK PROPERTIES LIMITED,
an Illinois Corporation
By: e( .1
Its: ?ar>s.�r�%
Attest:
Its: fibci,,r it�y
STATE OF ILLINOIS )
) ss.
COUNTY OF KANE )
I, the urjersigned, a Notary Public, in and for said County, in the State aforesaid,
do hereby certify that 4.6 tie_ 6. /uK,li- , and di Le( it, , are 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 acknowledge 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 y day of 4, , 2014.
"OFFTQAL SBAL"
RICHARD L MUNRO i
WAN Pubic.SW of IA+ow
"y O0D1"eMon°� '°a! Notary Public
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SMC PROPERTIES, LLC, an Illinois
Limited liability company
By: ✓A-1(14 - By.
Member Member
B :
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Member
STATE OF ILLINOIS )
) ss.
COUNTY OF KANE )
I,the u4dersigirfl,larNqtaary Pu�b " /in an or id County, in the State aforesaid,
do herb th t Li1111 U , , , and
, are personally known to me to be the same persons whose names are
su scribed to the foregoing instrument, appeared before me this day in person and acknowledge
that they signed and delivered the said instrument as their free and voluntary act of the uses and
purposes therein set forth.
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Given under my hand an official seal, this et- day of 7(.14.1 , 2014.
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Notary Public
"OFFICIAL SEAL" iq
DARLENE M.BARRER j
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Notary Public,State of Illinois 5.
My Commission Expires 03!26/16 x
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EXHIBIT D
TEMPORARY CONSTRUCTION EASEMENT PREMISES
LEGAL DESCRIPTION
A STRIP OF LAND THIRTY (30) FEET IN WIDTH LYING WESTERLY OF AND
PARALLEL TO THE WESTERLY LINE OF THE EASEMENT PREMISES.
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