HomeMy WebLinkAbout06-309 Resolution No. 06-309
RESOLUTION
AUTHORIZING EXECUTION OF A GRANT AND RESERVATION OF EASEMENT
FOR CITY OWNED PROPERTY NORTH OF PLANK 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 a grant and reservation of easement for the city-owned property north of Plank Road,a copy
of which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause
the grant and reservation of easement to be recorded in the office of the Recorder of Deeds of Kane
County, Illinois.
s/Ed Schock
Ed Schock, Mayor
Presented: December 20, 2006
Adopted: December 20, 2006
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
-33
Resolution No.06-309
RESOLUTION
AUTHORIZING EXECUTION OF A GRANT AND RESERVATION OF EASEMENT
FOR CITY OWNED PROPERTY NORTH OF PLANK 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 a grant and reservation of easement for the city-owned property north of Plank Road,a copy
of which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause
the grant and reservation of easement to be recorded in the office of the Recorder of Deeds of Kane
County, Illinois.
Ed Schock, Mayor
Presented: December 20, 2006
Adopted:
Vote: Yeas Nays:
Recorded:
Attest:
Dolonna Mecum, City Clerk
This Instrument Prepared
By and Return After
Recording to:
William A. Cogley
City of Elgin
Legal Department
150 Dexter Court
Elgin, IL 60120-5555
GRANT AND RESERVATION OF EASEMENT
THIS GRANT AND RESERVATION OF EASEMENT is made this 20th day of
December, 2006, by the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter
referred to as the "City").
WITNESSETH:
WHEREAS, the City owns certain real estate located north of Plank Road in the City of
Elgin, Kane County, Illinois; and
WHEREAS, the City is contemplating the sale of a portion of such City owned property
and the City has determined that it is in its best interests to grant and reserve unto itself an
easement over that portion of the City's property legally described and depicted on the easement
exhibit prepared by V-3 Engineers dated December 16, 2005, attached hereto as "A", (such
portion of the City's property legally described and depicted on Exhibit "A" attached hereto is
hereinafter referred to as the "Easement Premises").
NOW, THEREFORE, the City hereby grants and reserves unto itself the City of Elgin,
an Illinois municipal corporation, a permanent and exclusive easement to install, construct,
operate, use, maintain, repair, service, upgrade, replace or remove public utilities, including but
not limited to, sanitary sewer lines, water mains and/or storm sewers, and appurtenances relating
thereto, in, through, under and upon the Easement Premises.
No person or entity, including,but not limited to, any successor owners of the property of
which the Easement Premises are a part shall construct any buildings or structures nor plant any
A
trees on the Easement Premises nor undertake any activities which unreasonably interfere with
the Easement Premises and the City's intended use thereof.
The City may utilize the services of third party contractors, employees or other agents to
perform work in the Easement Premises.
This Grant and Reservation of Easement shall survive-any sale by the City of the
Easement Premises and surrounding property and shall be binding upon all successors and
assigns to title to the Easement Premises and shall run with the land. This agreement shall be
recorded by the City with the Kane County Recorder.
IN WITNESS WHEREOF, the City of Elgin has entered into and executed this Grant and
Reservation of Easement on the date and year first written above.
CITY OF ELGIN, an Illinois
municipal corporation
By
Mayor
Attest:
City Clerk
STATE OF ILLINOIS )
SS.
COUNTY OF K A N E )
I, the undersigned, a Notary Public, in and for said County, in the State aforesaid,
do hereby certify that Ed Schock, Mayor, 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 he signed and delivered the said instrument as his free and voluntary act of
the uses and purposes therein set forth.
Given under my hand an official seal, this day of ,
2006.
Notary Public
FALegal Dept\Agreement\Easement-Grant&Reservation-CityProperty-N Plank Rd.doc
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