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Home My WebLink About06-288 Resolution No. 06-288 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO GRANT OF EASEMENT WITH MENARD, INC. FOR RELOCATION OF WATERMAIN ON RANDALL ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Amendment to Grant of Easement with Menard, Inc. for relocation of water main on Randall Road, a copy of which is attached hereto. s/Ed Schock Ed Schock, Mayor Presented: December 6, 2006 Adopted: December 6, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk • AMENDMENT TO GRANT OF EASEMENT This Amendment to the Grant of Easement ("Amendment") is made as of this e.TII day of 0 C C, , 2006, by and between MENARD, INC., a Wisconsin corporation located at 4777 Menard Drive, Eau Claire, Wisconsin 54703 (hereinafter referred to as "Grantor") and the City of Elgin, an Illinois municipal corporation(hereinafter referred to as the "City"). RECITALS WHEREAS, Grantor owns Lot 7 of the Replat of Lot 2 of Woodbridge North Commercial Subdivision("Grantor's Property"); WHEREAS, Grantor granted to City a water line and sanitary sewer easement dated July 10, 2000, and filed for record on August 30, 2000, as Document No. 2000K069451 in the records of Kane County, Illinois ("Easement"); and WHEREAS, Grantor and the City agree to amend said Easement to vacate and relocate a portion of the water line easement only affecting Grantor's Property. NOW, THEREFORE, in consideration of one and no/100 dollars ($1.00), the conditions, the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and the City agree to amend the Easement as follows: 1. Definitions. All capitalized terms not defined in this Amendment shall have the same meaning ascribed to those terms in the Easement. 2. Relocation of Easement Area. a. Pages 10-14 of the Easement is hereby replaced with the legal description within Exhibit "A-1" attached hereto and incorporated herein and Page 18 of the Easement is hereby replaced with the depiction contained in Exhibit "A-2" attached hereto and incorporated herein. Any and all references to the water line legal description and depiction within the Easement shall henceforth reference Exhibit "A-1" and Exhibit "A-2" accordingly. This relocation of a portion of the water line easement is made in accordance with section 1 of pages 1 and 2 in the Easement, as amended herein. b. No part of the sanitary sewer line as reflected and described within the Easement will be affected by this Amendment. c. No part of Lots 1-6 to the Replat of Lot 2 of Woodbridge North Commercial Subdivision will be affected by the partial relocation of the water line on Grantor's Property as shown in Exhibits A-1 and A-2 attached hereto and incorporated herein. d. Grantor and City hereby release the description and depiction of the water line easement area described and depicted within the Easement and adopt the new water line easement area as described and depicted within this Amendment. MISCELLANEOUS 1. Relocation of Water Main. All costs relating to the relocation of the water main from the previous easement area shall be the responsibility of the Grantor with the City having no responsibility for the same. Any relocation of the water main shall be pursuant to the plans and specifications approved by the City. 2. Date. This Amendment shall be dated and effective and binding as of the date of its last execution by the parties hereto. 3. Governing Law. This Amendment shall be construed, interpreted and enforced under the laws of Wisconsin. 4. Execution in Counterparts. This Amendment may be executed in several counterparts, each of which may be deemed an original, and all such counterparts together shall constitute one and the same Amendment. 5. Severability. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Amendment is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Amendment. 6. Recording. Following full execution by the Parties, this Amendment shall be recorded in the office of the Register of Deeds for Kane County, Illinois. 7. Amendment. The terms of this Amendment shall supersede and control if and where there is a conflict with the terms, provisions, and exhibits of the Easement and the Amendment; in all other respects, the terms, provisions and exhibits of the Easement shall remain unmodified and in full force and effect. 8. Successors and Assigns. The perpetual easement and all covenants and easements herein shall run with the land and shall inure to the benefit of and be binding upon the parties, their successors and assigns. 9 Notices. Any notice, demand, request or other communication which may or shall be given or served by any Party to this Agreement to all of the other Parties to this Agreement, shall be deemed to have been given or served on the date the same is deposited in the United States Mail, registered or certified, return receipt requested, postage prepaid, sent by facsimile transmission or given to a nationally recognized overnight courier service for next business day delivery and addressed as follows: If to Grantor: Menard, Inc. Attn: Vice President 4777 Menard Drive Eau Claire, WI 54703 Phone: (715) 876-2207 Fax: (715) 876-5960 If to City: City of Elgin Attn: Mayor 150 Dexter Court 60120 Elgin, Illinois Phone: (847) 931-5590 Fax: (847) 931-5610 The above addresses may be changed at any time by the parties by notice given in the manner provided above. Grantor and the City agree that electronically reproduced signatures such as by facsimile transmission are valid for execution or amendment of this Agreement and that electronic transmission/facsimile is an authorized form of notice as that term is used in this Agreement. 10. Entire Agreement. This Amendment contains the entire agreement between the Parties with regard to the subject matter hereof and may be modified or amended only by a written agreement signed by all of the Parties hereto. [REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK] • IN WITNESS WHEREOF, the parties hereto have executed this instrument. EXECUTED ON: GRANTOR: MENARD, INC., a Wisconsin co 'oration By: 1! / &// Mary Proc aska Vice President This 14 day of l/¢� , 2006 STATE OF WISCONSIN ) )ss. COUNTY OF EAU CLAIRE) On this 1-I day of ,\.,I(511ejA6V1, 2006, before me a Notary Public within and for this County and State, personally appeared Mary Prochaska to me personally known, who, being by me duly sworn did say that he is the Vice President of Menard, Inc., the corporation named in the foregoing instrument, and that this instrument was signed on behalf of the corporation by authority of its Board of Directors and that Mary Prochaska, Vice President acknowledged this instrument to be the free act and deed of Menard, Inc. )1 N ary Public Eau Claire County JLIA M * My Commission expires a( date S, ) I V ',! ..n'\-QV 4 EXECUTED ON: GRANTEE: CITY OF ELGIN, an Illinois municipal corporation This belay of )ecember2006 Ed Schock Its: Mayor Attest: City Clerk STATE OF ::LL7:NOiS ) )ss. COUNTY 03 EANE ) On this _644" day of December , 2006,before me a Notary Public within and for this County and State, personally appeared Ed Schock, Mayor , to me personally know., who, being by me duly sworn did say that he is theyut , named in the foregoing instrument, and that this instrument was signed on behalf of the City of Elgin by authority of its c yitiapcxxxysixxxxDiamersc and that he acknowledged this instrument to be the free act and deed of the - �/ -OFFICIAL,SEAL- , No .• Publi _ County JENNIFER QUINTON My Commission: O%130(68 '.utary Pubic,Mate of Illinois i Ly Coi:.miss,cr)Expires 08/30/08 THIS INSTRUMENT DRAFTED BY AND AFTER RECORDING RETURN TO: Heidi L. Petf:rsor. Corporate Counsel Menard,Inc. Properties D vision 4777 Menard Drive Eau Claire,WI 54703 Phone: (715) 876-2132 Fax: (715) 876-5960 • • EXHIBIT A-1 LEGAL DESCRIPTION OF REVISED WATER LINE EASEMENT AREA Situate in Section 28, Township 41 North, Range 8 East of the Third Principal Meridian, City of Elgin, County of Kane, State of Illinois, and being a water line easement over Lots 4, 5 & 7 of Replat of Lot 2 of Woodbridge Commercial Subdivision as recorded in Document Number 1999K079443 (all references to deeds, microfiche, plats, surveys, etc., refer to the records of the Kane County Recorders Office,unless noted otherwise), said easement being twenty(20) feet in width, ten(10) feet on each side of the herein described centerline, and being more particularly described as follows: Commencing for reference at an iron pin (found) at the southeast corner of said Subdivision; thence along said Subdivision line for the following three (3) courses: 1. South eighty-seven degrees fifty-nine minutes forty-two seconds West(S87° 59'42"W) for eight hundred twenty five and 04/100 feet(825.04'); 2. North forty-six degrees fifty-six minutes six seconds West (N46°56'06"W) for thirty-five and 31/100 feet (35.31'); 3. North one degree fifty-one minutes fifty-three seconds West (NO1° 51'53"W) for two hundred forty and 99/100 feet (240.99')to the TRUE POINT OF BEGINNING of the herein described easement; Thence over Lots 4, 5, & 7 for the following seventeen (17) courses: 1. North eighty-eight degrees eight minutes seven seconds East (N88° 08'07"E) for three hundred forty-nine and 77/100 feet(349.77'); 2. North forty-three degrees eight minutes seven seconds East (N43° 08'07"E) for fourteen and 14/100 feet (14.14'); 3. North one degree fifty-one minutes fifty-three seconds West (N01°51'53"W) for two hundred eighty-seven and 06/100 feet(287.06'); 4. South eighty-eight degrees eight minutes seven seconds West (S88° 08'07"W) for one hundred seventy-three and 54/100 feet (173.54'); 5. North one degree fifty-one minutes fifty-three seconds West (NO1° 51'53"W) for four hundred nineteen and 91/100 feet (419.91')to a point; 6. North eighty-eight degrees six minutes forty-seven seconds East(N88° 06'47"E) for one hundred seventy-three and 54/100 feet (173.54'); 7. North one degree fifty-one minutes fifty-three seconds West(N01°51'53"W) for ninety and 62/100 feet (90.62'); 8. North thirty-three degrees twenty-four minutes fourteen seconds East (N33°24'14"E) for seventy-one and 14/100 feet(71.14'); 9. North eighty-eight degrees eight minutes seven seconds East (N88°08'07"E) for three hundred ninety five and 43/100 feet (395.43'); 10. South one degree fifty-two minutes ten seconds East (S01°52'10"E) for five hundred forty five and 78/100 (545.78'); 11. South thirty-six degrees fifty minutes fifty-three seconds West (S36°50'53"W) for fifty and 26/100 feet (50.26'); 12. South eighty-eight degrees eight minutes seven seconds West (S88°08'07"W) for sixty-five and 52/100 feet (65.52'); 13. South thirty-nine degrees thirty-two minutes forty-two seconds West (S39°32'42"W) for seventy-two and 69/100 feet (72.69'); 14. South eighty-eight degrees eight minutes seven seconds West (S88°08'07"W) for two hundred fifty five and 16/100 feet (255.15'); 15. North one degree fifty-one minutes thirty-nine seconds West(N01°51'39"W) for seventy and 05/100 feet (70.05'); 16. North forty-six degrees thirty-seven minutes fifty-one seconds West (N46°37'51"W), along said centerline for three quarters of a foot(.075'); and 17. South eighty-eight degrees eight minutes seven seconds West(S88°08'07"W) for thirty six and no/100 feet (36.00') and thereby terminate. Ex'/ST/'/6 Wg-rER z./At/,E A-ASENIENT PE/,.' 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