17-122 Recorded 2017KO49608
SANDY WEGMAN
RECORDER - KANE COUNTY, IL
RECORDED: 9/21/2017 1:40 PM
REC FEE: 54.00
PAGES: it
State of Illinois)
County of Kane)
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 1 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. 17-122
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
WITH MARVIN H. STRAUB, AS TRUSTEE UNDER THE PROVISIONS OF A CERTAIN
TRUST AGREEMENT DATED THE 12TH DAY OF JULY, 2004, AND KNOWN AS THE
MARVIN H. STRAUB REVOCABLE LIVING TRUST, AS TO AN UNDIVIDED 1/2
INTEREST, AND MARILYN J. STRAUB, AS TRUSTEE UNDER THE PROVISIONS OF A
CERTAIN TRUST AGREEMENT DATED THE 12TH DAY OF JULY, 2004, AND KNOWN
AS THE MARILYN J. STRAUB REVOCABLE LIVING TRUST, AS TO AN UNDIVIDED
1/2 INTEREST FOR WATER MAIN PURPOSES
(12N423 Coombs Road)
adopted by the Elgin City Council at its legally convened meeting held on September 13,2017.
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 September 21, 2017.
Kimberly wis, City Clerk
Thin` pared by: Return to:
Willia 5 ey Kimberly Dewis
Corporation Counsel Elgin City Clerk
City of Elgin 150 Dexter Court
150 Dexter Court Elgin, IL 60120
Elgin, IL 60120
Resolution No. 17-122
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
WITH MARVIN H. STRAUB, AS TRUSTEE UNDER THE PROVISIONS OF A CERTAIN
TRUST AGREEMENT DATED THE 12TH DAY OF JULY, 2004, AND KNOWN AS THE
MARVIN H. STRAUB REVOCABLE LIVING TRUST, AS TO AN UNDIVIDED 1/2
INTEREST, AND MARILYN J. STRAUB, AS TRUSTEE UNDER THE PROVISIONS OF A
CERTAIN TRUST AGREEMENT DATED THE 12T" DAY OF JULY, 2004, AND KNOWN
AS THE MARILYN J. STRAUB REVOCABLE LIVING TRUST, AS TO AN UNDIVIDED
1/2 INTEREST FOR WATER MAIN PURPOSES
(12N423 Coombs Road)
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 Marvin H.Straub,as Trustee under the provisions of
a certain Trust Agreement dated the 12`h day of July, 2004, and known as the Marvin H. Straub
Revocable Living Trust,as to an undivided 1/2 interest,and Marilyn J. Straub,as Trustee under the
provisions of a certain Trust Agreement dated the 12`h day of July,2004,and known as the Marilyn J.
Straub Revocable Living Trust, as to an undivided 1/2 interest for an easement for purposes of
constructing,maintaining,operating and repairing a water main,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: September 13, 2017
Adopted: September 13, 2017
Omnibus Vote: Yeas: 9 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 13 day of
September . 2017,by and between the City of Elgin,an Illinois municipal corporation,
(hereinafter referred to as the "City"), and Marvin H. Straub, as Trustee under the provisions of a
certain trust agreement dated the 12th day of July, 2004, and known as the Marvin H. Straub
Revocable Living Trust, as to an-undivided 1/2 interest, and Marilyn J. Straub, as Trustee under
the provisions of a certain trust agreement dated the 12th day of July, 2004, and known as the
Marilyn J. Straub Straub Revocable Living Trust, as to an undivided 1/2 interest (hereinafter
collectively referred to as the "Owner").
WITNESSETH
WHEREAS, the Owner owns the real property depicted on the plat of easement
prepared by Vanderstappen Surveying& Engineering, Incorporated,dated July 10,2017, attached
hereto as Exhibit A and incorporated herein by this reference, said property being located on the
east side of Coombs Road, north of the intersection of U.S. Route 20 and Coombs Road, having
Permanent Index Number 06-07-300-025,and being commonly known as 12N423 Coombs Road,
Elgin, Illinois 60123 (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 "Watermain Easement" on the above-
referenced Exhibit A, as legally described on said Exhibit A (hereinafter referred to as the
"Easement Premises"); and
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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.
NOW, THEREFORE, for and in consideration of Three Thousand Dollars
($3,000.00) in hand paid to the Owner, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. Watermain Easement That the Owner does hereby grant to the City and its
successors and assigns a permanent and exclusive (except as otherwise provided for in this
Agreement) 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 easement rights granted to the City under this Agreement
shall be solely for the City watermain purposes described herein, and the City shall not use the
Easement Premises for any other purpose without the prior approval and written consent of the
Owner. In addition,the Agreement does not grant any easement rights to any other public utilities
or service providers,and there shall be no use of the Easement Premises by such public utilities or
service providers without the prior approval and written consent of both the Owner and the City.
2. Restoration of 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 to the same condition as existed immediately prior to the existence of such rights as is
reasonably practicable, including the repair and restoration of any drain tile, and shall leave the
Easement Premises and surrounding premises free from debris,at the City's sole cost and expense;
provided,however,that 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, other than to drain tile as provided herein, that are removed and/or damaged
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by the City's work in 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.
3. Indemnification. 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. In addition, the City agrees to either repair or pay for any damages to the Subject
Property,or any adjacent properties outside the easement,or any improvements thereon, including
crop damage, erosion, or tile damage, resulting from flooding or other discharge of water caused
by the City's construction on and usage of the Easement Premises or any adjacent property owned
or controlled by the City. In the event of such damage from flooding or the discharge of water, the
City agrees to repair or restore the Subject Property to the same condition as existed immediately
prior to such damage as is reasonably practicable. Such repair or restoration of the Subject Property
by the City under this paragraph shall be commenced within thirty(30)days from when the damage
occurred, and shall be completed with thirty (30) days of the commencement of the repair or
restoration work.
4. Restrictions; Reservation of Rights. 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;provided, however,that the City may elect to allow fences,
trees, or other structures to remain in the Easement Premises if the City determines that any such
fences, trees, or other structures will not interfere with the City's intended use of the Easement
Premises, in the City's sole discretion.
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5. Amendment. That no amendment, revision or modification hereof shall be
effective unless it is in writing and signed by all parties hereto.
6. Entire Agreement. 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.
7. Applicable Law and Venue. 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.
8. Contractors.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. 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.
10. Binding. That this Agreement and the covenants and rights granted herein
shall be binding on the parties hereto and their successors, grantees, and permitted assigns, and
shall run with the land.
11. Multiple Counterparts. 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.
12. Recording. That this Agreement shall be recorded by the City at the City's
cost with the Kane County Recorder.
13. Joint Preparation.That this Agreement is and shall be deemed to be the joint
and collective work product of the Owner and the City and, as such, this Agreement shall not be
construed against either party as the otherwise purported drafter of the same by any court of
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competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness, or conflict, if
any, in the terms or provisions contained herein.
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:
By: . MARVIN H. STRAUB,as Trustee of a Trust
Mayor Agreement dated July 12, 2004, and known
as the Marvin H. Straub Revocable Living
Trust
Atte /J
City Clerk /
By: �(
r'
Attest: ---�
AND
MARILYN J. STRAUB, as Trustee of a
Trust Agreement dated July 12, 2004, and
known as the Marilyn J. Straub Revocable
Living Trust
By: —n L,
J
Attest
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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 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.
Given under my hand an official seal, this 1�day of , 2017.
STATE OF ILLINOIS JEN ERJ TON
) OFFICIAL SEAL
SS NOTARY PUBLIC
STATE OF ILLINOIS
COUNTY OF Kane ) MY JOMMISSIOoN2E2PIRES
I; the undersigned, a Notary Public, in and for said County, in the State aforesaid,
do hereby certify that Marvin H. Straub, 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
acknowledged that she signed and delivered the said instrument as her free and voluntary act, and
as the act of the trustee as aforesaid, for the uses and purposes therein set forth.
Given under my hand an official seal, this a5 day of . 2017.
Nota y OFFICIAL SEAL
JANE D. SHAVERS
STATE OF ILLINOIS ) NOTARY PUBLIC,STATE OF ILLINOIS
SS. My Commission Expires 11/04/2019
COUNTY OF Kane )
I, the undersigned, a Notary Public, in and for said County, in the State aforesaid,
do hereby certify that Marilyn J. Straub, 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
acknowledged that she signed and delivered the said instrument as her free and voluntary act, and
as the act of the trustee as aforesaid, for the uses and purposes therein set forth.
Given under my hand an official seal, this day ofC1 4 ' 2017.
Notary blic
OFFICIAL SEAL
JANE D. SHAVERS
- 7 - NOTARY PUBLIC,STATE OF ILLINOIS
My Commission Expires 11/04/2019
EXHIBIT A
Plat of Easement, prepared by Vanderstappen Surveying& Engineering, Incorporated, dated July
10, 2017,to be inserted.
I
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TIE CORNER SE 1/4 SECTION t2-41-7
D161`lab tbGas�ward�rCOd: uj
alSJ AI•C10 .bd�tae �,
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PLAT OF I1
EASEMENT 89.44'31-E 196'
s I I CENTERLJNE or COOMBS ROAD
AS g I�I
01
LEGAL DESCFUPTKM �� la:�
Part of the Southwest Fractional Quarter of Section
7, Township 41 North, Range 8 East of the Third I I I w,y EDGE OF PAVEMENT COOMBS ROAD
Principol Meridian, being described as follows: wATEiLAIrI EAStAEN1
commencing at the Southwest comer of the said I
Southwest Fractional Quarter, thence North 00 I
degrees 15 minutes 29 seconds West along the West
line thereof, 867.74 feet to the Place of Beginning;
thence continuing North 00 degrees 15 minutes 29 I WATERMAIN EASEMENT
seconds West along sold West line, 794.85 feet to a I 1 5,6493: Sq.Ft. 0.130 ACRES
point lying 875.00 feet South of the Northeast 1
comer of the Southeast Quarter of Section 12;
thence North 89 degrees 44 minutes 31 seconds I
East, 3.96 feet to the Westerly edge of pavement of I
Coombs Road; thence South 00 degrees 42 minutes
43 seconds East along said edge of pavement, N I
794.88 feet; thence South 89 degrees 44 minutes 31 a N
seconds West. 10.26 feet to the Place of Beginntng 4 I o
in Kane County Illinois. I I o
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LINE SW 1/4 SECTION 7-41-8
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