16-111 Recorded Resolution No. 16-111
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF AN
EASEMENT AGREEMENT WITH FOX RIVER WATER RECLAMATION DISTRICT
FOR SANITARY SEWER PURPOSES IN CONNECTION WITH THE
SLUDGE TRANSFER MAIN PROJECT
(Northern Boundary of the City of Elgin's Sports Complex Property)
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 an easement agreement with Fox River Water Reclamation District for sanitary
sewer purposes in connection with the Sludge Transfer Main Project for the property legally
described on Exhibit A of said easement agreement, 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/David J. Kaptain
David J. Kaptain, Mayor
Presented: August 24, 2016
Adopted: August 24, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
1
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1111 1 1 111 111
This Instrument Prepared
By and Return After
Recording to ago 1 6KO& 1 4 3
William A. Cogley RECORDER- KA EEOUNTYY,,RIL
City of Elgin
Legal Department RECORDED: 11/7/2016 02:22 PM
g P REC FEE: 71.00 RHSPS FEE: 9.00
150 Dexter Court ' ES` 7
Elgin, IL 60120-5555
EASEMENT AGREEMENT �}
THIS EASEMENT AGREEMENT is made and entered into this 3�day of
o�P , 2016, by and between the CITY OF ELGIN, an Illinois municipal corporation,
(hereinafter referred to as the "City"), and the FOX RIVER WATER RECLAMATION
DISTRICT, a municipal corporation of Kane and Cook Counties, Illinois, a sanitary district
organized and existing under the laws of the State of Illinois (hereinafter referred to as the
"FRWRD").
WITNESSETH:
WHEREAS, the City owns certain real property located on the west side of Route
31 in the City of Elgin, Kane County, Illinois; and
WHEREAS, the parties have determined that it is in their best interests for City to
grant to FRWRD a sanitary sewer easement over that portion of the City's property legally
described and depicted as the Sanitary Sewer Easement on the plat of easement prepared by
Vanderstappen Surveying & Engineering, Incorporated for Burns & McDonnell dated November
10,2015 and revised as of January 21,2015 Sheet 2 of 2(Sheet 1 of 2 being intentionally omitted.),
attached hereto as Exhibit A (such portion of the City's property depicted and legally described as
the Sanitary Sewer Easement on Exhibit "A" attached hereto is hereinafter referred to as the
"Easement Premises"); and
WHEREAS, the parties hereto have also determined that it is in their best interests
for the City to grant to FRWRD a temporary construction easement over that portion of the City's
property legally described and depicted as the Temporary Construction Easement on Exhibit "A"
attached hereto (such portion of the City's property depicted and legally described as the
Temporary Construction Easement on Exhibit "A" attached hereto is hereinafter referred to as the
"Temporary Construction Easement Premises"); and
WHEREAS,FRWRD has an existing sanitary sewer easement over a portion of the
City's property as provided in the sanitary sewer easement document recorded on July 6, 1961, as
Document Number 952804(such portion of the City's property legally described in such previous
sanitary sewer easement is hereinafter referred to as the "Previous Easement Premises").
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 City hereby grants and conveys to FRWRD a permanent and
nonexclusive easement to install,construct,operate,use,maintain,repair,service,upgrade,replace
or remove sanitary sewer lines and appurtenances relating thereto, in,through,under and upon the
Easement Premises.
2. That the City does hereby further grant to FRWRD a temporary and non-
exclusive construction easement upon the Temporary Construction Easement Premises for the
purpose of installing and constructing sanitary sewer lines and appurtenances relating thereto in
the above-described Easement Premises and the Previous Easement Premises. The temporary
construction easement hereby granted shall be deemed terminated upon the earlier of the following
dates or events:
A. Thirty(30)days after date of final completion of the original construction of the sanitary sewer
improvements in the Easement Premises and the Previous Easement Premises;
B. One year after commencement of the original construction of the sanitary sewer improvements
in the Easement Premises and the Previous Easement Premises; or
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C. The date that is two years (2) from the date and year first written above.
3. That all improvements installed or constructed by FRWRD in the Easement
Premises or the Previous Easement Premises shall be underground, with the exception of manhole
covers, pressure relief values and valve vault or other access covers. No buildings or
improvements shall be constructed above grade by FRWRD.
4. That the City shall not construct any buildings on the Easement Premises nor
undertake any other activities in the Easement Premises which unreasonably interfere with the
Easement Premises and the FRWRD's intended use thereof.
5. That following the exercise by FRWRD of any easement rights granted
herein, FRWRD shall promptly repair and restore the Easement Premises, the Temporary
Construction Easement Premises and the Previous Easement Premises to the same conditions as
existed immediately prior to the exercise of such rights as are reasonably practicable.
6. That no amendment,revision or modification hereof shall be effective unless
it is in writing and signed by all of the parties hereto.
7. That FRWRD for itself, its employees, agents and independent contractors,
hereby agrees to indemnify and hold the City, its officials, officers, employees,agents, successors
and assigns harmless from claims arising out of FRWRD's work in the Easement Premises, the
Temporary Construction Easement Premises and the Previous Easement Premises during
construction or during any subsequent maintenance or repair thereof. FRWRD further agrees to
indemnify and hold harmless City from any and all liens placed against the Easement Premises,
the Temporary Construction Easement Premises and the Previous Easement Premises arising from
said activities.
8. That notwithstanding anything to the contrary in this Agreement, it is agreed
and understood that the City shall at all times continue to have full and unrestricted access to all
of the City's property and the facilities located thereon whether during construction activities by
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FRWRD in the Easement Premises, the Temporary Construction Easement Premises and the
Previous Easement Premises, or during any subsequent maintenance or repair in the Easement
Premises and the Previous Easement Premises.
9. That this agreement shall be governed by and construed in accordance with
the laws of the State of Illinois.
10. That it is understood and agreed that FRWRD may utilize the services of third
party contractors, employees or other agents to perform work in the Easement Premises, the
Temporary Construction Easement Premises and the Previous Easement Premises.
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 FRWRD at FRWRD'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 FOX RIVER WATER RECLAMATION
municipal corporation DISTRICT, an Illinois municipal
corporation
By _ J°a/ _ IL1 .4 /, By
for �‘
President
Attest: Attest:
< 4.f■ ke'ey 3.q■C(4___ A4/11)
City Clerk ►
Clerk
F:\Legal Dept\Agreement\Easement-Route 31-FRWRD-clean 8-2-I6.docx
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STATE OF ILLINOIS )
) SS.
COUNTYOFKANE )
I, the undersigned, a Notary Public, in and for said County, in the State aforesaid,
do hereby certify that David J. Kaptain, Mayor, and Kimberly A. Dewis, 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 and as the free and voluntary act of the City of Elgin for
the uses and purposes therein set forth.
f
Given under my hand an official seal, this
y day ofA.& ,11 >
2016.
"OFFICIAL SEAL," Notary Public
BARBARA E Fl.R N
r
Notary Public,State of Dots
My Commission Expires 08/06/19
STATE OF ILLINOIS )
) SS.
COUNTY OFKANE )
I, the undersigned, a Notary Public, in and for said County, in the State aforesaid,
do hereby certify that Bruce R. Corn,President, and Benjamin P.Bernal, 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 Fox River Water Reclamation District for the uses and
purposes therein set forth.
cc Given under my hand an official seal, this G day of �6�
2016.
OFFICIAL SEAL
DOUGLAS J SCHEFLOW Notar Ptp, is
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES 08/31120
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EXHIBIT A
Plat of Easement prepared by Vanderstappen Surveying & Engineering, Incorporated,
dated November 10, 2015 and revised as of January 21, 2015 (Sheet 2 of 2)
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