DOCUMENT VET SHEET for Karen McConnaughay Chairman, Kane County Board

Transcription

1 DOCUMENT VET SHEET for Karen McConnaughay Chairman, Kane County Board Name of Document: Temporary Construction Easement for Grading Purposes between Geneva School District and Counzy of Kane Submitted by: Date Submitted: Linda Haines April 28, 2009 Examined by: April, 2009 (Date) Comments: Chairman signed: Document returned to: No (Date) Co Rev. 8/05

2 Carl Schaedel, P.E. Director of Transportation County Engineer KANE COUNTY DIVISION of TRANSPORTATION 41 W011 Burlington Road St. Charles, IL Phone: (630) Fax: (630) DATE: May 15,2009 TO: FROM: Jean Weems County Board Office.b SUBJECT: 3- Temporary Construction Easement for Grading Purposes for Keslinger Road Bridge over LaFox Tributary of Mill Creek between Geneva School District and County of Kane with Document Vet Sheet (Kane County Resolution #09-189) TRANSMITTED FOR: ( ) YOUR INFORMATION AND FILE ( ) YOUR APPROVAL AND/OR CORRECTION ( ) AS REQUESTED (X ) SEE BELOW REMARKS: Please have the Chairman sign, send to County Clerk for signature and seal, and then return to our office for further processing. Thanks.

3 STATE OF ILLINOIS COUNTY OF KANE RESOLUTION NO TEMPORARY CONSTRUCTION EASEMENT KESLINGER ROAD BRIDGE OVER LAFOX TRIBUTARY OF MILL CREEK KANE COUNTY. SECTION NO BR WHEREAS, the County of Kane desires to improve the Keslinger Road (Kane County Highway No.. 41) Bridge over the La Fox Tributary of Mill Creek, Kane County Section No BR; and.. WHEREAS, in order to accomplish the improvement as contemplated, it is necessary that the County of Kane obtain a temporary construction easement from one adjacent property owner; and WHEREAS, Geneva Community Unit School District No. 304, the property owner of the only parcel necessary for the improvement, which parcel is described herein as Exhibit "A" (a copy of which is on file in the office of the Kane County Clerk), have offered to grant a temporary construction easement to the County of Kane for the sum of One Dollar ($1.00). NOW THEREFORE BE IT RESOLVED, by the Kane County Board that the County of Kane.accept the offer of Geneva Community Unit School District No. 304 to grant a temporary construction easement to the County of Kane for the total sum of One Dollar ($1.00) and the Chairman of the Kane County Board is hereby authorized and directed to execute the temporary easement agreement documents therefor. sed by the Kane County Board on May 12, ohn A. Cunningham ' Clerk, County Board Kane County, Illinois aren McConnaughay Chairman, County Board Kane County, Illinois Vote: Yes No Voice Abstentions 5KSLNGRTMPEASMNT.4LH STATE OF ILLINOIS COl:JNTY OF KANE I, John A. Cunningham, Kane County Clerk and Keeper of the Records in Kane County,.. Illinois do hereby certify that the attached is a true and correct copy of the original record on file. In witness whereof, I have hereunto set my hand and affixed the Seal o f ane at my office in Geneva, Illinois.

4 Page 2 of 2, Res. # EXHIBIT A Community School District #304 Easement THAT PART OF THE SOUTHWEST QUARTER OF SECTION 1 AND THAT PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 39 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, FEET TO THE SOUTHERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY; THENCE EASTERLY, ALONG SAID SOUTHERLY LINE, FEET FOR THE POINT OF BEGINNING; THENCE SOUTHEASTERLY, ALONG A LINE FORMING AN ANGLE OF 56 DEGREES 39 MINUTES 06 SECONDS WITH SAID SOUTHERLY LINE, MEASURED CLOCKWISE THEREFROM, FEET TO AN ANGLE IN THE EASTERLY LINE OF UNIT NO. 1, M.D.C. INDUSTRIAL PARK, BLACKBERRY. TOWNSHIP, KANE COUNTY, ILLINOIS; THENCE SOUTHERLY, ALONG AN EASTERLY LINE OF SAID UNIT NO. 1 FORMING AN ANGLE OF 20 DEGREES 30 MINUTES 00 SECONDS WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, FEET TO THE SOUTHEAST CORNER OF SAID UNIT NO. 1 BEING ON THE CENTER LINE OF KESLINGER ROAD; THENCE EASTERLY, ALONG SAID CENTER LINE, FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE NORTHERLY ALONG SAID LINE AND THE EAST LINE OF SAID SOUTHWEST QUARTER, FEET TO SAID SOUTHERLY RIGHT OF WAY LINE; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE, FEET TO THE POINT OF BEGINNING, ALL IN BLACKBERRY TOWNSHIP, KANE COUNTY, ILLINOIS.~.~ <tf" "'"-! ~ 'f

5 TEMPORARY CONSTRUCTION EASEMENT FOR GRADING PURPOSES This Grant of Temporary Easement is made this _day of May 2009, between Geneva Community Unit School District No. 304, an Illinois public school district, of 227 North Fourth Street, Geneva, Illinois (hereinafter the "GRANTOR") and the County of Kane, a body corporate and politic of the State of Illinois, 719 South Batavia A venue, Geneva, Illinois (hereinafter "GRANTEE"). WHEREAS, the GRANTEE has requested from the GRANTOR a temporary construction easement for highway purposes and any and all things appurtenant thereto, over, under, upon, across, on and through the real property described in Exhibit "A" which is attached hereto and incorporated herein (hereinafter the "Easement Premises"); and, WHEREAS, the GRANTOR has agreed to grant and convey unto the GRANTEE the temporary highway easement over, under, upon, across, on and through the Easement Premises; NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, receipt and sufficiency of which are hereby acknowledged by the parties hereto, the GRANTOR and the GRANTEE mutually covenant, agree and bind themselves as follows, to wit: 1. The GRANTOR and the GRANTEE acknowledge and agree that the preambles as stated hereinabove are made a part of this Grant of Easement. 2. The GRANTOR does hereby grant and convey to the GRANTEE, its successors and assigns, a temporary construction easement for the purpose of earth work and grading over, under, upon, across, on and through the Easement Premises (hereinafter referred to as the "Easement"). 3. The term of this Easement shall be temporary, shall commence upon the execution hereof and shall terminate within two years of the date hereof unless at the GRANTEE's sole discretion otherwise relinquished earlier in writing by the GRANTEE. 4. The GRANTOR, for itself and its successors and assigns, covenants and agrees that it shall not interfere with the lawful use of the Easement Premises by the GRANTEE, its successors and assigns, pursuant to the terms of this Easement. 1

6 5. The GRANTEE, for itself and its successors and assigns, covenants and agrees that the Easement shall include the following obligations ofthe GRANTEE: A. The GRANTOR will be notified forty-eight (48) hours before scheduled construction is to commence by the GRANTEE on the Easement Premises. B. During construction by the GRANTEE on the Easement Premises, the GRANTEE shall fence and/or cover any excavation opening with protective cover at all times when construction personnel are not present. C. The GRANTEE and its contractor(s) will be responsible for safety measures to protect the public and the GRANTOR during any work by the GRANTEE on the Easement Premises. D. The GRANTEE shall construct any and all improvements on the Easement Premises in accordance with approved plans therefor. E. The GRANTEE represents to the GRANTOR that prior to any work on the Easement Premises, all permits, licenses, authorizations and approvals required by all federal, state and local governmental agencies having jurisdiction over the work will be obtained. F. The GRANTEE shall, after completion of any construction on the Easement Premises, restore the Easement Premises in accordance with the approved construction plan. G. Where possible, the GRANTEE shall restore sod, plant material or other landscaping improvements damaged in the course of the GRANTEE working on the Easement Premises. 6. The GRANTOR, for itself and its successors and assigns, covenants and agrees that the Easement shall include the following obligations of the GRANTOR: A. The GRANTEE will be notified forty-eight ( 48) hours before any work is to commence by the GRANTOR on the Easement Premises except in the case of emergency repairs, whereupon reasonable notice will be provided either before or after said emergency repairs. B. The GRANTOR and its contractor(s) will be responsible for safety measures to protect the public and the GRANTEE during any work by the GRANTOR on the Easement Premises. C. The GRANTOR represents to the GRANTEE that prior to any work on the Easement Premises, all permits, licenses, authorizations and approvals 2

7 required by all federal, state and local governmental agencies having jurisdiction over the work will be obtained. D. The GRANTOR shall, after completion of any work on the Easement Premises, restore the Easement Premises in accordance with the approved plan therefor. E. The GRANTOR shall restore the Easement Premises if damaged in the course of the GRANTOR working on, maintaining, repairing or utilizing the Easement Premises. F. The GRANTOR shall permit the GRANTEE access to the Easement Premises over and across the adjacent property of the GRANTOR for emergency purposes. 7. The GRANTEE hereby agrees to indemnify and save harmless the GRANTOR from and against any loss, damage or expense which the GRANTOR may suffer, incur or sustain or for which the GRANTOR may become legally liable arising or growing out of the GRANTEE's activities and/or negligence and that of its contractors, agents, employees, and invitees in the GRANTEE's use of the Easement Premises during the term hereof. The GRANTEE shall provide the GRANTOR with certificates of insurance from all of GRANTEE's contractors naming GRANTOR, its officers, employees and agents as additional insureds in amounts as specified by the Illinois Department of Transportation's Standard Specifications for Road and Bridge ConstruCtion 8. The GRANTOR hereby agrees to indemnify and save harmless the GRANTEE from and against any loss, damage or expense which the GRANTEE may suffer, incur or sustain or for which the GRANTEE may become l<:~gally liable arising or growing out of the GRANTOR's activities and/or negligence and that of its contractors, agents, employees, and invitees in the GRANTOR's use of the Easement Premises during the term hereof. The GRANTOR shall provide the GRANTEE with certificates of insurance from all of GRANTOR's contractors naming GRANTEE, its officers, employees, and agents as additional insureds in amounts as specified by the Illinois Department of Transportation's Standard Specifications for Road and Bridge Construction. 9. The GRANTOR makes no covenant, representation or warranty as to the suitability of the property for any purpose whatsoever or as to the physical condition of the property. GRANTEE acknowledges having inspected the property, having observed its physical characteristics and existing conditions, and having had the opportunity to conduct such investigation and study on and of said property as it deems necessary, and hereby waives any and all objections to or complaints about physical characteristics and existing conditions, including without limitation subsurface conditions and solid and hazardous wastes and hazardous substances on, under or related to the property. GRANTEE further aclmowledges and agrees that this Temporary Easement is granted to and accepted by 3

8 GRANTEE in its present condition "as is", and GRANTEE hereby assumes the risk that adverse physical characteristics and existing conditions may not have been revealed by its investigation. 10. The covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto... GRANTOR: GENEVA COMMUNITY UNIT SCHOOL DISTRICT 304 ATTEST: ~ ~~-- Secretary, Board of Education GRANTEE: COUNTY OF KANE ATTEST: John Cunningham County Clerk ' \.:::: ~~ 9:); ~ Jilt_. ': '., s A.L.- 4

9 EXHIBIT "A" Community School District #304 Easement THAT PART OF THE SOUTHWEST QUARTER OF SECTION 1 AND THAT PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 39 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, FEET TO THE SOUTHERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO AND NORTHWESTERN RAILROAD COMPANY; THENCE EASTERLY, ALONG SAID SOUTHERLY LINE, FEET FOR THE POINT OF BEGINNING; THENCE SOUTHEASTERLY, ALONG A LINE FORMING AN ANGLE OF 56 DEGREES 39 MINUTES 06 SECONDS WITH SAID SOUTHERLY LINE, MEASURED CLOCKWISE THEREFROM, FEET TO AN ANGLE IN THE EASTERLY LINE OF UNIT NO. 1, M.D. C. INDUSTRIAL PARK, BLACKBERRY TOWNSHIP, KANE COUNTY, ILLINOIS; THENCE SOUTHERLY, ALONG AN EASTERLY LINE OF SAID UNIT NO. 1 FORMING AN ANGLE OF 20 DEGREES 30 MINUTES 00 SECONDS WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, FEET TO THE SOUTHEAST CORNER OF SAID UNIT NO. 1 BEING ON THE CENTER LINE OF KESLINGER ROAD; THENCE EASTERLY, ALONG SAID CENTER LINE, FEET TO THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE NORTHERLY ALONG SAID LINE AND THE EAST LINE OF SAID SOUTHWEST QUARTER, FEET TO SAID SOUTHERLY RIGHT OF WAY LINE; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT OF WAY LINE, FEET TO THE POINT OF BEGINNING, ALL IN BLACKBERRY TOWNSHIP, KANE COUNTY, ILLINOIS 5