The URL can be used to link to this page

Home My WebLink About91-0925 Bicycle Path Easement Recorded RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF BICYCLE PATH EASEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Grant of Bicycle Path Easement along the property legally described as follows : That part of the East Half of the Northeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows : Commencing at the Southeast corner of Lot 3 in Block 20 of J.T. Gifford' s plat of Elgin, being a subdivision of part of Sections 13 and 14, township and range aforesaid; thence South 56 degrees 55 minutes 03 seconds West, along the southerly line of said Lot 3, also being the northerly line of Lot 4 in said Block 20, a distance of 221 . 34 feet; thence South 32 degrees 22 minutes 24 seconds East, a distance of 57 . 00 feet to a line that is 57 . 00 feet, as measured perpendicular, southerly of and parallel with the said northerly line of Lot 4 for the point of beginning; thence continuing South 32 degrees 22 minutes 24 seconds East, a distance of 130 . 98 feet to the northerly line of East Chicago Street per Document No. 867708; thence South 62 degrees 38 minutes 19 seconds West, along said northerly line, to the easterly shore line of the Fox River; thence northerly, along the said easterly shore line, to a line that is parallel with the said northerly line of Lot 4 and passes through the point of beginning; thence North 56 degrees 55 minutes 03 seconds East, along said parallel line, to the point of beginning. Being situated in the City of Elgin, Kane County, Illinois . BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Grant of Bicycle Path Easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois . s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 25, 1991 Adopted: September 25, 1991 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 4. GRANT OF BICYCLE PATH EASEMENT This Grant of Bicycle Path Easement (the "Agreement") is made and entered into this y�D day of .3EPTEnnTS .2. , 1991, by and between FIRST FEDERAL OF ELGIN, F.S.A. (the "Grantor" ) and the CITY OF ELGIN, a municipal corporation of the state of Illinois (the "Grantee" ) : t,fl W I T N E S S E T H: 2C WHEREAS, Grantor is the owner of that certain parcel of co land in the City of Elgin, County of Kane and State of Illinois, WO legally described on Exhibit A attached hereto and by this reference made a part hereof (the "Easement Parcel" ) . AND WHEREAS, Grantor desires to grant and Grantee desires to receive, upon and subject to the terms and conditiO 52' r rl herein provided, a perpetual easement over and across the ==4 ti Easement Parcel for bike path purposes . NOW, THEREFORE, in consideration of Ten and no/100 Dollars, the mutual covenants and agreements of the parties a`..1 hereto and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 4••0 1. Subject to the terms of this Agreement and to all covenants, conditions, restrictions and easements of record -•J together with claims of third parties not of record, Grantor +. hereby grants, gives and conveys to Grantee, its successors and assigns, a perpetual and non-exclusive easement over and across Ln the Easement Parcel, for the sole and exclusive purpose of (G+ NE / LI 6/ ) /J O a/ % / ' 61-U providing a bicycle path (the "Bike Path" ) for public use. 2 . Grantee shall, at Grantee's sole cost and expense, construct the Bike Path on the Easement Parcel using reasonable care, skill and diligence. Further, Grantee shall, at Grantee's sole cost and expense, maintain the Bike Path in good repair and condition notwithstanding any transfer by Grantee of the rights granted under this Agreement, unless Grantor first consents to any transfer by Grantee in which case Grantee shall have no further maintenance obligation. Grantor shall have no duty to construct or maintain the Bike Path or contribute toward the cost of the construction or maintenance of the Bike Path. 3 . Grantee agrees to indemnify and hold Grantor harmless from and against any and all claims, suits, damages, costs, loss, liability or expense resulting from or connected with any construction or maintenance on the Easement Parcel. no e Grantee agrees to indemnify and hold Grantor harmless from and against any and all liability, claims, suits, damages, costs, ',J loss and expense arising from the use of the Easement Parcel by a member or members of the public or otherwise. These indemnification obligations of Grantee contained in this paragraph 3 shall be binding on Grantee notwithstanding any transfer by Grantee of the rights granted under this Agreement, unless Grantor first consents to the transfer by Grantee in which case Grantee shall have no further obligation to indemnify and t0 hold Grantor harmless. (xi 4 . Grantee shall, at Grantee's sole expense, repair OD any damage to property owned by Grantor by reason of the cc- construction or maintenance of the Bike Path, including vegetation, parking lots and fences. 5. Grantee represents that the easterly line of the Easement Parcel is westerly of the existing fence running parallel with the Easement Parcel. 6 . Grantee further represents that it will take no action which would either (a) alter the current existing storm water run off from Grantor's property to the east of the Easement Parcel; or (b) alter the grade of the Easement Parcel which would allow any storm water run off to run easterly toward Grantor's property easterly of the Easement Parcel. 7 . Subject to the terms of this Agreement, Grantor reserves the right to grant access, utility or other easements over, upon, and under the Easement Parcel as well as the right to use the Easement Parcel in such a manner as Grantor shall deem --_I proper provided such use does not interfere with the rights 'N granted under this Agreement. 8. Grantee shall not permit any lien to stand against the Easement Parcel for any labor or materials in connection with work of any character on the Easement Parcel. In the event of any such lien attaching to the Easement Parcel, Grantee shall immediately have such lien released and indemnify Grantor for any loss, cost or liability by reason of said lien. 9 . Grantor and Grantee agree to promptly execute and record a Release of Easement if Grantee or the public abandons the use of the Bike Path for more than one year. 10. In the event it becomes necessary for Grantor or QD -.t c its successors and assigns to enforce this Agreement, Grantor or is successors and assigns shall be entitled to the recovery of any and all costs and attorney's fees incurred in such enforcement. 11. All provisions of this Agreement, including the benefits and burdens, shall run with the land and are binding upon and inure to the benefit of all parties having or acquiring any right, title or interest in or to any portion of, or interest or estate in, the Easement Parcel. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. GRANTOR: FIRST ' IF ELGIN, F.S.A. By: : I 440 . ��0�%�►►� -. .��"' It- 'st ibE KIT N ATTEST: \C. • • Its pssism*JT S£ceF - 4 ....1 GRANTEE: CITY OF ELG N /AO ,441//risf_ Its / Iv7Ayo% ATTEST: feklif"1-- Q0 Ci • STATE OF ILLINOIS ) )SS C O U N T Y O F K A N E ) I, Lao.cbo,rr_ K Lopez_ , a Notary Public in and for and residing in K G✓Ne County, in the said State aforesaid, do hereby certify that Sohn S Nertert'cl - , President of FrsrSt F-eclerc. l of Els; Fs,4 and `a(net ra Mc.e keys rmT, Secretary thereof, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Secretary, respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary act of said Company, for the uses and purposes therein set forth, and the said Secretary did also then and there acknowledge that he as custodian of the corporate seal of said Company did affix the said corporate seal of said Company to said instrument as his own free and voluntary act and as the free and voluntary act of said Company for the uses and purposes therein set forth. Given under my hand and Notarial seal this S day of Se fT% , 1991. OFFICIAL SEAL bras. o-kC-Jc z 4 BARBARA KAY LOPEZ Notary Public NOTARY PUBLIC, STATE OF 1LL1N0� STATE OF ILLINOIS ) M Commic�tow;lr�� 1399 COUNTY OF K A N E ) 1, Nancy Roll , a Notary Public in and for and residing in Kane County, in the said State aforesaid, do hereby certify that George VanDeVoorde, Mayor , VIONEKEditiff of the City of Elgin and Dolonna Mecum, City Clerk b) , 216XVWEA thereof, personally known to me to be the same "' persons wwhh 01names areCR led to the foregoing instrument as N.) such 1X� and respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free an. . voluntary act, and as the free and voluntary act of said a.,r; 40g , fo uses and purposes therein set forth, and the said 00 also then and there acknojjddledge that he as custodian of the corporate s . of said Xl �l4 X did affi the said corporate seal of said ••�,: :• :e�a� to said instrument as lx own free and voluntary act and as the free and voluntary act of said for the uses and purposes therein set forth. u0 Given under my hand and Notarial seal this 13th day of September , 1991. Notary • • is OFFICIAL SEAL tp NANCY ROLL NOTARY PUBLIC. STATE OF ILLINOIS cc THIS DOCUMENT WAS PREPARED BY a 'u U ,e 16: XPIRES 8-10-93 Keith A. Spong, BRADY, McQUEEN, MARTIN, COLLINS & JENSEN 2425 Royal Boulevard Elgin, IL 60123 After recording return to: Elgin City Clerk 150 Dexter Court C.O\ Elgin, IL 60120 EXHIBIT A THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 3 IN BLOCK 20 OF J.T.GIFFORD' S PLAT OF ELGIN, BEING A SUBDIVISION OF PART OF SECTIONS 13 AND 14, TOWNSHIP AND RANGE AFORESAID; THENCE SOUTH 56 DEGREES 55 MINUTES 03 SECONDS WEST, ALONG THE SOUTHERLY LINE OF S;'.ID LOT 3, ALSO BEING THE NORTHERLY LINE OF LOT 4 IN SAID BLOCK 20, A DISTANCE OF 221. 34 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 32 DEGREES 22 MINUTES 24 SECONDS EAST, A DISTANCE OF 57 . 00 FEET TO A LINE THAT IS 57 . 00 FEET, AS MEASURED PERPENDICULAR, SOUTHERLY OF AND PARALLEL WITH THE SAID NORTHERLY LINE OF LOT 4 ; THENCE SOUTH 56 DEGREES 55 MINU" ES 03 SECONDS WEST, ALONG SAID PARALLEL LINE, TO THE EASTERLY SHORE LINT: OF THE FOX RIVER; THENCE NORTHERLY, ALONG SAID EASTERLY SHORE LINE, TO THE SOUTHERLY RIGHT OF WAY LINE OF EAST HIGHLAND AVENUE; THENCE NORTH 62 DEGREES 29 MINUTES 02 SECONDS EAST, ALONG SAID SOUTHERLY RIGHT OF WAY :0 A LINE THAT i3LrRS NOT; i2 LE(;REES 22 MINUTES 74 SECONDS WEST AND PASSES THROUGH THi POINT OF BEGINNING. THENCE SOUTH 32 DEGREE,: ;.2 MINUTES 24 SECONDS EAST, ALONG SAID LINE, A DISTANCE OF 39 . 06 FEET TO THE POINT OF BEGINNING, BEING SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. E3 i kS3 C' 00 C.C: