16-67 Recorded 1111 111111111 111111 11
201 61-(021 GOB
SANDY WEGMAN
RECORDER - KANE COUNTY, IL
State of Illinois) RECORDED: 5/6/2016 08:39 AM
County of Kane) REC FEE: 51'x;
City of Elgin )
Recording Information
CERTIFICATE OF CITY CLERK
I, Kimberly Dewis, DO HEREBY CERTIFY that I am the duly qualified City Clerk of
the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City
Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal
thereof
I DO FURTHER CERTIFY that the attached is a full,true, and correct copy of:
RESOLUTION NO. 16-67
RESOLUTION AUTHORIZING EXECUTION AND
ACCEPTANCE OF AN EASEMENT AGREEMENT
FOR WATER MAIN PURPOSES FROM
MICHAEL A. HOPKINS AND TERESA A. HOPKINS
(749 Ruth Drive)
adopted by the Elgin City Council at its legally convened meeting held on April 27, 2016.
In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the
City of Elgin at the said City in the County and State aforesaid this May 5, 2016.
40
OF EI-G/� Kimberly Dewis, City Clerk
t 1,:
s.
L,‘
'vr eared by: Return to:
i. -y Kimberly Dewis
Corporation Counsel Elgin City Clerk
City of Elgin I 150 Dexter Court
150 Dexter Court V Elgin, IL 60120
Elgin, IL 60120
\c) ���
Resolution No. 16-67
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT
FOR WATER MAIN PURPOSES FROM
MICHAEL A. HOPKINS AND TERESA A. HOPKINS
(749 Ruth Drive)
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 for water main purposes from Michael A. Hopkins and
Teresa A. Hopkins 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/David J. Kaptain
David J. Kaptain, Mayor
Presented: April 27, 2016
Adopted: April 27, 2016
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
This Instrument Prepared
by and Return After
Recording to:
Christopher J. Beck
City of Elgin
Legal Department
150 Dexter Court
Elgin IL 60120-5555
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT made and entered into this 27th day of
April , 2016, by and between the City of Elgin, an Illinois municipal corporation,
(hereinafter referred to as the "City"), and Michael A. Hopkins and Teresa A. Hopkins, residents
of the State of Illinois (hereinafter collectively referred to as the "Owner").
WITNESSETH
WHEREAS, the Owner owns, not as tenants in common but as joint tenants, the
real property depicted on the plat of easement prepared by Compass Surveying, Ltd., dated January
4, 2016, and last revised April 5, 2016, attached hereto as Exhibit A and incorporated herein by
this reference, said property being commonly known as 749 Ruth Drive, Elgin, Illinois, and having
Permanent Index Number 06-10-301-004(hereinafter referred to as the "Subject Property"); and
WHEREAS, the City desires to obtain a permanent easement from the Owner for
the purposes of constructing, maintaining, operating and repairing a water main over that portion
of the Subject Property depicted by the area designated "City Easement" on the above-referenced
Exhibit A, as the same is legally described on said Exhibit A (hereinafter referred to as the
"Fasement Premises"); and
WHEREAS, the Owner has agreed to grant such permanent easement to the City
for such purposes and pursuant to the terms and conditions of this Easement Agreement.
- 1 -
NOW,THEREFORE, for and in consideration of Six Thousand Six Hundred Fifty
Dollars ($6,650.00) in hand paid to Owner, and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. That the Owner does hereby grant to the City and its successors and assigns
a permanent and exclusive easement for the construction, installation, reconstruction, replacement,
alteration, enlargement, relocation, inspection, maintenance, operation, repair, renewal and
removal of a water main, along with any appurtenances or facilities related thereto (the "City
Improvements," herein), within, over, under, along, across and through the Easement Premises,
together with the right of reasonable and necessary ingress and egress to and from the Easement
Premises with such personnel and equipment as may be deemed reasonable and necessary in
connection with the exercise of the rights granted herein. The foregoing notwithstanding, the City
will not use the Easement Premises for general ingress/egress access to the City park located
directly south of the Subject Property.
2. 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 condition as existed
immediately prior to the existence of such rights as is reasonably practicable, and shall leave the
Easement Premises and surrounding premises free from debris; provided, however, that, except as
provided in paragraph 3, herein, the City shall not replace or repair any trees within the Easement
Premises, nor replace or repair any damage to any fences or other structures or improvements
within the Easement Premises, the parties agreeing that the amount of consideration to the Owner
set forth herein includes the value of any such damage to trees, fences, or other improvements
within the Easement Premises, and further agreeing that the Owner shall not be entitled to any
additional compensation for the same.
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3. The parties agree and acknowledge that there exists on the Subject Property
a tree having a diameter of approximately twenty-seven inches and located approximately three
feet east of the east boundary of the Easement Premises. Any other provisions of this Agreement
notwithstanding, in the event that said tree dies or the death of the tree is imminent as a result of
the City's work in the Easement Premises within the five (5) years following the completion of
such work, the City agrees to cause the removal of the tree at its sole cost and expense. The
removal of the tree shall include the grinding of the stump of the tree and restoration of the area.
In addition, the City shall plant a replacement tree in a location acceptable to the Owner, but not
upon or adjacent to the Easement Premises. The replacement tree shall be a three-inch caliper tree
of the same type and species as the existing tree, or of such other type that is mutually acceptable
and agreed to by the Owner and the City.
4. That the City for itself its agents and independent contractors, hereby agrees
to indemnify and hold Owner and its successors harmless from any 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 Owner from any and all liens placed against the Easement
Premises arising from said construction, maintenance, or repair activities.
5. That the Owner and its successors shall not construct any structures or
buildings, nor plant any trees on the Easement Premises, nor undertake any other activities on the
Easement Premises that unreasonably interfere with the City's intended use of the Easement
Premises.
6. That no amendment, revision or modification hereof shall be effective unless
it is in writing and signed by all parties hereto.
-3 -
7. That 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.
8. That this Easement Agreement shall be governed by and construed in
accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the
enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County,
Illinois.
9. 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 Owner 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.
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 may be executed in multiple counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same instrument.
13. That this Agreement shall be recorded by the City at the City's cost with the
Kane County Recorder.
SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, the parties have entered into and executed this
Easement Agreement on the date and year first written above.
CITY OF ELGIN: OWNER
B �� / � r/ 11
Mayor ' ,. Michael A. opkins
t
Attest: P.4161 ,„Lag((/ it By: s - A ilen
City Clerk ■ Teresa A. Hopkins
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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 David Kaptain, Mayor,and Kimberly Dewis, 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 and as the free and voluntary act of
the City of Elgin, for the uses and purposes therein set forth.
• n --dew + an official seal, this day of b.\ ,2016.
JENNIFER J QUIN ON
OFFICIAL SEAL
NOTARY PUBLIC
w�: STATE OF ILLINOIS gar` '_'• 1 MY COMMISSION EXPIRES Z204�=
JANUARY 10,2020 N• 'try P •
STATE OF ILLINOIS )
) SS.
COUNTY OF )
I,the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify
that Michael A. Hopkins and Teresa A. Hopkins, 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
acts, for the uses and purposes therein set forth.
Given under my hand an official seal, this <-' ,"(I) day of ��C�� , 2016.
SFAL
SA wARREN �'�
Notary F' ';rate of Illinois otar i Public
My Cn es Jan 29,2019
-6 -
EXHIBIT A
Plat of Easement, prepared by Compass Surveying, Ltd., dated January 4, 2016, and last revised
April 5,2016, to be inserted.
- 7 -
0 40 80 120
PLAT OF EASEMENT SCALE IN FEET
S'
LEGAL DESCRIPTION OF PARENT TRACT
LOT IT IN BLOCK II O ANDESEN BROS.EAGLE(EIGHTS UNIT N0.T.BEING A SUBDIVISION O PART OF TIE EAST HALF OF SECTION 9 AND PART O TIE REST
HALF OF SECTION 10.ALL IN TOWNSHIP AI NORTH.RANGE B EAST O TIE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 26.
1 96T AS DOCUMENT ND.1100761.IN WE COUNTY.ILLINOIS.
LEGAL DESCRIPTION OF CITY EASEMENT
THE WEST 20.00 FEET OF LOT IT IN BLOCK 11 OF ANDRESEN BROS.EAGLE HEIGHTS UNIT ND.T.BEING A SUBDIVISION OF PART O TIE EAST HALF OF SECTION 9
AND PART OF THE WEST HALF O SECTION 10.ALL IN TOWNSHIP II NORTH.RANGE B EAST O THE THIRD PRINCIPAL MERIDIAN.ACCORDING TO THE PLAT THEREOF
RECORDED OCTOBER 26,1 96T AS DOCUMENT N0.1100181.IN RAPE COUNTY.ILLINOIS.
I I 4
/-J q I
/ o I
S I 18
I0.60.00'A=20.42' 0
CB.S 84.25'20"W
\ CPD20.02'
"C I2B.%'
10'PUBLIC UTILITY EASEMENT \� HsJ)\ 10
PER DOG.NO.1100181 % , % ,q
4A3. 2O' I.o %I^ I
e- ,.` Q°k v 2 I
X04\ NI A N 9\ 17 09 2 I
P At' ;I�*„-i1-: 9.. .4.•- P.I.N.06 ID-SOI-WA 9 4%4°.,C,\
18 �I Akz,•&.
ml Na ��tw�o 1
QI • DO'PUBLIC UTILITY A
O7AINAGE EASEMENT
EAST LINE OF LOT 18
'^I; i PER Doc.ND.Oooret I
IRT.o•
P.I.N. 06-10-S0I-015 I
5 89.50'46"0
20.01
CITY EASEMENT ICE.)PROVISIONS
A PERMANENT EASEMENT(TIE WEST 5 FEET AND THE SOUTH 20 FEET O WHICH IS NON-EXCLUSIVE AND TIE REMAINDER O WHICH IS EXCLUSIVE TO THE CITY O ELGIN IS HEREBY
RESERVED FOR MO GRANTED TO THE CITY O ELGIN.AN ILLINOIS WNICIPAL CORPORATION,AND IRS SUCCESSORS AND ASSIGNS FOR TIE INSTALLATION.CONSTRICTION.RECONSTRUCTION
REPLACEMENT.ALTERATION,ENARGEMENT.OPERATION.INSPECTION REPAIR.MAINTENANCE,RELOCATION.RENEWAL AVE REMOVAL O IMPROVEMENTS.FACILITIES AND APPURTENNCES.
INCLUDING WITHOUT LIMITATION ANY AND ALL MANHOLES.HYDRANTS.PIPES.CONNECTIONS AND CATCH BASINS.TO SERVE THESE AND OTHER LANDS WITH IMPROVEMENTS.INCLUDING BUT
NOT LIMITED TO FORCE MAINS.SANITARY SEWERS.STORM SEWERS.STORM DRAINAGE.WATER MAINS.PEDESTRIAN WALKWAYS.MUNICIPAL SIGNAGE AND OTHER MUNICIPAL OR PUBLIC
UTILITY PURPOSES DESIGNATED BY SAID CITY.IN ACROSS.ALONG.OVER,OVER AND UPON TIE AREAS DESCRIBED HEREIN AND HEREON IDENTIFIED AS 4 CITY EASEMENTy% DR
yR CE.yr.TOGETHER WITH THE RIGHT TO INSTALL SERVICE CONECTIOS UNDER TIE SURFACE O EACH LOT TO SERVE IMPROVEMENTS THEREOF.AVE TOGETHER WITH TIE RIGHT TO
ENTER IRON THE PROPERTY WITH SUCH PERSONNEL AND EQUIPMENT AS MAY BE DEEMED NECESSARY FOR ALL SUCH USES AND PURPOSES.
NO OBSTRUCTION CO STRUCTURE SHALL BE ERECTED OP LOCATED,NOR SHALL ANY TREES BE PLANTED,OVER SAID EASEMENT AREAS.NOR SHALL ANY OTHER ACTIVITIES BE OVERTAKEN
THAT UWEASONABLY INTERFERE WITH THE CITYy%5 INTENDED 115E THEREOF.BUT TIE SAME MAY BE USED FOR LANISCAPIHE.FENCING.PARKING OR OTHER PURPOSES IF APPREOVE IN
WRITING IT THE CITY OF ELGIN AND IF SUCH USE DOES NIT THEN OR LATER INTERFERE WITH THE AFOREMENTIONED PURPOSES.
THE RIGHT 15 ALSO HEREBY GRANTED TO THE CITY OF ELGIN TO REMOVE ANY FENCES.BUILDINGS OR STRUCTURES AND TO CUT DOWN.TRIM OR REMOVE ANY TREES.SHRUBS.BUSHES.
ROOTS OR OTHER PLANTINGS THAT INTERFERE WITH THE OPERATION O DR ACCESS TO SUCH FACILITIES IN.ON IRON,ACROSS,UNDER OR THROuGH SAID CITY EASEMENT. THE CITY
SHALL NOT BE RESPOSOIBLE FOR THE REPLACEMENT OR REPAIR O ANY SUCH FENCES.BUILDINGS.STRUCTURES,TREES.TURF,GARDENS.SNOBS.LANDSCAPING OR OTHER IMPROVEMENTS
REMOVED WRING THE EXERCISE OF THE HEREIN GIVEN RIGHTS. REPLACEMENT AND/OP REPAIR O SAID ITEMS SHALL BE THE RESPONSIBILTY OF THE THEN PROPERTY OWNER.
ANY OTHER PUBLIC UTILITIES IN THE EAST 15 FEET OF THE CITY EASEMENT LULL BE PERMITTED TO CROSS SAID CITY EASEMENT AT RIGHT MOLES THERETO IF APPROVED IN WRITING
BY THE CITY OF ELGIN AND PROVIDED THAT SUCH IS DONE IN A MAPPER THAT DOES THEN OR LATER UNREASONABLY INTERFERE WITH TIE CITY%R S INTENDED USE O THE EASEMENT
AREAS, HOWEVER NO ELECTRICAL TRANSFORMERS.SWITCHING EQUIPMENT.JIRCTION BOXES.OR ANY OTHER SUCH FACILITIES DR EQUIPENT SMALL BE ERECTED EITHER ABOVE OR BELOW
CROON/ON SAID LANDS DUE TO SUCH CROSSINGS
OWNERS rrRTIFVHTF
STATE OF ILLINOIS I
7 SS FITT MIAMI rrRTIFIFATF
COUNTY OF KANE 7
STATE OF ILLINOIS/
THIS IS TO CERTIFY THAT.MICHAEL A.HOPKINS AND TERESA A.HOPKINS ARE COUNTY O KANE,55
THE OWNERS OF THE LAND DESCRIBED HEREON AND HAS CAUSED THE SAME CITY OF ELGIN
PLATTED AS INDICATED HEREON FOR THE PURPOSE O GRANTING AN EASEMENT
i0 THE CITY O ELGIN FOR TIE PURPOSE STATED HEREON. APPROVED BY THE MAYOR AND CITY COUNCIL O THE CITY OF ELGIN,KAN:
COUNTY,ILLINOIS,AT A MEETING HELD THIS DAT O A.D..
DATED AT THIS 2016.
DAY OF AA..20 BY,
MAYOR PRINT NAME O SIGNER)
BY,
OWNER OVER ATTEST,
CITY CLERK (PRINT NAME OF SIGNER/
ADDRESS
THIS IS TO CERTIFY THAT I.THE UNDERSIGNED.AN ILLINOIS PROFESSIONAL
ROTARY'S CFRTIFIFATF LAND SURVEYOR.NAVE PREPARED THIS PLAT FROM EXISTING RECORDS.MAPS
AND RATS FOR THE PURPOSE O GRANTING AN EASEMENT TO THE CITY OF
STATE OF ILLINOIS I ELGIN,ILLINOIS FOR THE PURPOSE STATED HEREON AND TINT THIS PLAT O
I SS EASEMENT ACCURATELY DEPICTS SAID PROPERTY.
COUNTY O RARE I
GIVEN UNDER MY HAND AND SEAL AT ARROA.ILLINOIS THIS DAY OF
1. A NOTARY PUBLIC IN AND FOR A.O.,2016.
SAID CQUNTV AND STATE AFORESAID.DD HEREBY CERTIFY THAT MICHAEL A
HOPKINS MO TERESA A.HOPKINS.PERSONALLY KNOWN TO ME TO BE TIE SAME COMPASS SUTVEYING LTO
PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING OWNER%S PROFESSIONAL DESIGN FIRM
CERTIFICATE APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNDWLEOED LAM SURVEYOR CORPORATION N0.1141-O02TTB
THAT THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AS THEIR OWN FREE LICENSE EXPIRES A/30/201T
AND VOLUNTARY ACT,FOR TOE USES MO PURPOSES THEREIN SET FORTH. LINE LEGEND
B(
GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY O NIGHT K- Y L BY,
20 SECT 104 MISTY L SCOTT RREBS
--- BECTIONLINE
AtVAA/AV/rrAVVV/Al EAfEAkNT LINE H[IEBY PANTO LICENSES PROFESSIONAL LAND SURVEYOR ND. 3509
BY, ER6TWp WO WIT LINE LICENSE EXPIRES 11/50/2016
NOTARY PUBLIC
WPSDATA/2015 PROJECTS/15.012A/I5.1)124-01/SHEETS.
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Exhibit A