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17-63 RecordedState of Illinois ) County of Kane) City of Elgin ) CERTIFICATE OF CITY CLERK 201 7K026838 SANDY WESMAN RECORDER - KANE COUNTY, IL RECORDED: 5/26/2017 08 :44 AM REC FEE: 53.00 PAGES: 10 Information 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. 17 -63 AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH CAROL J. VIOLA, TRUSTEE OF THE LEROY T. AHRENS LIVING TRUST, DATED FEBRUARY 23, 2012 FOR WATERMAIN PURPOSES (38W440 Route 20) passed by the Elgin City Council at its legally convened meeting held on April 26, 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 May 16, 2017. This a �ni prepared by: William A. Cogley Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120 Kimberly Devi, City Clerk Return to: Kimberly Dewis C G� Elgin City Clerk 150 Dexter Court Elgin, IL 60120 10 �5 Resolution No. 17 -63 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH CAROL J. VIOLA, TRUSTEE OF THE LEROY T. AHRENS LIVING TRUST, DATED FEBRUARY 23, 2012 FOR WATERMAIN PURPOSES (38W440 Route 20) 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 Carol J. Viola, Trustee of the Leroy T. Ahrens Living Trust, dated February 23, 2012 for an easement for purposes of constructing, maintaining, operating and repairing a watermain, 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 26, 2017 Adopted: April 26, 2017 Vote: Yeas: 9 Nays: 0 Attest: s/ Kimberly Dewis Kimberly Dewis, City Clerk This Inshvrnent 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 /s5 + day of r6- 900A-2y , 2017, by and between the City of Elgin an Illinois municipal corporation, (hereinafter referred to as the "City'), and Carol J. Viola, Trustee of the Leroy T. Ahrens Living Trust, dated February 23, 2012, (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 August 10, 20157 attached hereto as Exhibit A and incorporated herein by this reference, said property being located at the northeast comer of the intersection of U.S. Route 20 and Coombs Road, being commonly known as 38W770 Route 20, Elgin 11hois, and having Permanent Index Numbers 06- 07 -300- 020 and 06 -07- 300 -021 (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 "Water Main Easement" on the above - referenced Exhibit A, as legally described on said Exhibit A (hereinafter referred to as the "Easement 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. NOW, THEREFORE, for and in consideration of Six 'Thousand Five Hundred Dollars ($6,500.00) 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. "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 Prernses with such personnel and equipment as may be deemed reasonable and necessary in connection with the exercise of the rights granted herein. 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, including the repair and restoration of any parking areas in the Easement Premises permitted under this Agreement, and shall leave the Easement Prerises and surrounding premises free from debris, at the City's sole costand expense; provided, however, that the City shall not replace orrepair any trees within the Easement Premises, nor replace or repair arry damage to any fences or other structures or improvements within the Easement Premises, that were removed and /or damaged 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. 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 -2- irnjuiies or property damage arising directly as aresult 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. 4. 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. In addition, the Owner shall have the right to improve the Easement Premises with a parking area for vehicular traffic and the parking of motor vehicles. 5. The Owner shall have the right of ingress or egress to the property across the Easement Premises, and neither this Agreement nor the easement rights granted to the City hereunder shall be a basis for denying or limiting Owner's access to the public rights -of -way adjoining the Subject Property. In addition, the Owner's means for ingress and egress to the Subject Property shall not be interrupted during the initial construction of the City Improvements nor during any subsequent maintenance or repair of said improvements. In the event that the Owner's ordinary means of ingress and egress would be interrupted due to the City's exercise of its rights under this Agreement, the City shall provide akemate or substitute mans of ingress and egress for such periods of interruption at the City's sole cost and expense. 6. That neither this Agreement nor the easement rights granted to the City hereunder shad be abasis for denying or restricting the issuance of abuilding pemnit to the Owner; provided, however, that no building or other structure may be constructed on the Easement Premises except as otherwise explicitly provided for under this Agreement. 7. That no amendment, revision or modification hereof shall be effective unless -3- A is in writing and signed by all parties hereto. 8. That this Easement Agreement constitutes the entire agreement between the parties and is attended as acomplete and exclusive statement of the terms of the parties agreerent, 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. 9. 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. 10. That the City may utilize the services of third party contractors, employees or other agents to perform work in the Easement Premises. 11. 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. 12. 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 M rl'5I'tliT -IMIn 13. 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. 14. That this Agreement shall be recorded by the City at the City's cost with the Kane County Recorder. M IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above. CITY OF ELGIN: -5- CAROL J. VIOLA, TRUSTEE OF THE LEROY T. AHRENS LIVING TRUST DATED FEBRUARY 23, 2012 By: '!o -lie Carol J. Viola STATE OF ILLINOIS ) ) SS. COUNTYOFKANE ) 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 oa day of �, 2017. 4 JENNIFERJOUINTC STATE OF ILLINOIS OFFICIAL NOTARY PUBLIC ) NOTARY PUBLIC SS. ,� STATE OF ILLINOIS COUNTY OF K!V✓6 ) MvcJANUARY10, 020II I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Carol J. Viola, 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 of GaBeysu ey , 2017. OFFICIAL SEAL MICHAEL A. WLODEK Notary Public - State of Illinois My Commission Expires 6/04/2020 `Yn C u1,4 -74r4 Notary Public 6- � nc Plat of Easement; prepared by Vanderstappen Surveying & Engineering, Incorporated, dated August 10; 2015; to be inserted. -7- PLAT OF EASEMENT �1 hJ OU"' ii 6 PeDGV:fli. : DN.�N PYO Aft OItRUtBB a: AV (0 HCALL`1�e�„_.. 2TC .... f... T_dt.0..D. F. BAW or mwxcnnswxrL_ - -__ p1N.: Me NO. :1�).1 -O �I 13till"m COVp.: -Im PC... - -.. w•. (Nm e�i�¢tV!dee.� xur. qh ire9_- - - -_ -- HpUr� _ 2p K pOAD l � • 'lA ".! f-0 PIAM;'s(ENFN: _ _ -_ _. -- - ._ - 2dT2 OF IUANOW I I 9.9 COUNTY OF mriirp y) i nne.y .1.4 th.t re luue pbtkd ON, prcmnee .Lora dewieed. and that the plot Oereon IN • tree npmevt.fiov .f utd d.. A'La.. Tau W net . Brander,. Surrey D.ted At prodetm:k, ticwary Codoty, ttUVOte_10 ,x.0.. 2015-. V.ad.nda,.. !Iu reyi.d G iLOinwrlvd. lnr 11.4. ft. N.. III.-Ova Blimis Tmrea.bnLL Lmd Surreyoe No. 2i0V � 1 LEGAL GESCRIPMN ? wce :•o ezawsat u;e I Part of the South'eesl QLater of Section 7, Tewnsa¢ 41 :'i ACE ca eSuMS4� North, Ponge L fast of the Third Prindoel N@ridinn, baleg descri5ed ON Inflows: Commanong ni the Q i14 03 Southwest CCrna, el the said Scuth.st CIJnrtar: theme a, •IM4 J North 00 degrees 1_`• minutes 29 seconds Kest cleric ! Q '•_ °- :nIIl -o>0 I the Wesi line thereof, 485. SO feet: tnenoe South 15 NM 1 r °C5 17 m.I �Ultl9 14 degrees )7.31 feet to the East, ! M -n fC.o2 'nst rig:, ?- .oi -wcy Sine of Coor::Gs Rcaa, said -WATER MAIN EASEMENT eight- of-woy Une being desefibed in a Warranty Deed � 4,2122 SO.f'L, 0.097 ACRES Gated May IE, 2004 recorded as Document Nc- 2004t•;06347; ftencs Swth 0< degrees 24 minutes 43 seccnds last afalg said Est rigbl- of -waY line, 9.84 feet Ic the Pace of Eecimmflg; thence cantinelnc SuiF. 04 degrees 24 minutes <3 seconds Cost oicmg said East - riyhl -ol -coy kris, 261.51 fart to the Nurth 1 right -of -way I:ne of 0,5. Raate 20, said right - of -coy Iir:e briny the Nerrt, line of the ands descflb.d in said A4 :retry Deed; tne.^,ce 5cath -)0 degrees 32 nc:ule. 05 sscnnds East aloha said N..th richt -ot -way line, 16,79 '.et: c +erica North 04!ttirees 24 niimltss 43 seconds ,^ Vl aaa- .-- xx -62t 1 West, :65 33 feet: Thence North 90 degrees 00 a n0e. i CO sear. es Kest. 15:03 feel to the Place U. Oegmnir:q, 5' i in Kane, (:aunty, :Ifinois: .i I O O I Ui Of +s.ya' 1 16,79, I i ii o, �1 hJ OU"' ii 6 PeDGV:fli. : DN.�N PYO Aft OItRUtBB a: AV (0 HCALL`1�e�„_.. 2TC .... f... T_dt.0..D. F. BAW or mwxcnnswxrL_ - -__ p1N.: Me NO. :1�).1 -O �I 13till"m COVp.: -Im PC... - -.. w•. (Nm e�i�¢tV!dee.� xur. qh ire9_- - - -_ -- HpUr� _ 2p K pOAD l � • 'lA ".! f-0 PIAM;'s(ENFN: _ _ -_ _. -- - ._ - 2dT2 OF IUANOW I I 9.9 COUNTY OF mriirp y) i nne.y .1.4 th.t re luue pbtkd ON, prcmnee .Lora dewieed. and that the plot Oereon IN • tree npmevt.fiov .f utd d.. A'La.. Tau W net . Brander,. Surrey D.ted At prodetm:k, ticwary Codoty, ttUVOte_10 ,x.0.. 2015-. V.ad.nda,.. !Iu reyi.d G iLOinwrlvd. lnr 11.4. ft. N.. III.-Ova Blimis Tmrea.bnLL Lmd Surreyoe No. 2i0V � 1