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Home My WebLink AboutS13-97 Recorded • • FILED FOR RECORD KANE CCUNTY.ILL. 97K070759 97 OCT 17 Pik 14: 15 177. State of Illinois ) County of Kane ) ss . City of Elgin CERTIFICATE OF CITY CLERK I, Dolonna Mecum, 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 : ORDINANCE NO. S13-97 AN ORDINANCE VACATING AN ACCESS EASEMENT BETWEEN RANDALL ROAD AND CAPITAL STREET oo c6 passed by the Elgin City Council at its legally convened meeting held on October 8, 1997 . rn In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said IBJ City in the County and State aforesaid this October 10, 1997 61<hA,,4 City lerk (SEAL). • This instriihient prepared by: Return to: Erwin Jentsch Dolonna Mecum Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 ( --S) .91K070759 • v Ordinance No. S13-97 AN ORDINANCE VACATING AN ACCESS EASEMENT BETWEEN RANDALL ROAD AND CAPITAL STREET WHEREAS, the public interest will be served by vacating an access easement between Randall Road and Capital Street in the City of Elgin, Kane County, Illinois; and WHEREAS, said property is not necessary to serve the public . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That an access easement located between Randall Road and Capital Street in the City of Elgin, Kane County, Illinois, legally described as follows : Part of the Southeast Quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows : Commencing at the Northeast corner of the said Southeast Quarter of Section 31; thence North 88 degrees 47 minutes 45 seconds West, along the North line of said Southeast Quarter, a distance of 558 .23 feet to an existing iron stake, thence South 02 degrees 06 minutes 07 seconds West, a distance of 935 . 30 feet to a North line of Document No. 1261098, as monumented; thence North 88 degrees 30 minutes 53 seconds West, along said monumented line, a distance of 8 . 18 feet to an existing iron stake; thence South 02 degrees 03 minutes 59 seconds West, along a West line on Document No. 1261098, as monumented and the southerly extension thereof, a distance of 536 . 11 feet for the point of beginning; thence North 88 degrees 51 minutes 39 seconds East, along a line hereinafter referred to as Line "A" , a distance of 577 . 24 feet to a point on the East line of the Southeast Quarter of said Section 31 that is 1447 . 65 feet, as measured along said East line, South of the aforesaid Northeast corner of the Southeast Quarter; thence South 01 degree 41 minutes 39 seconds West along said East line, a distance of 20 . 02 feet, to a line that is 20 . 00 feet, as measured at right angles, southerly of and parallel with aforesaid Line "A" ; thence South 88 degrees 51 minutes 39 seconds West, along said parallel line, a distance of 577 . 37 feet to the aforesaid southerly extension of the West line of Document No. 1261098; thence North 02 degrees 03 minutes 59 seconds East, along said southerly extension, a distance of 20 . 03 feet to the point of 97K070759 beginning. Being situated in Dundee Township, Kane County, Illinois . be and the same is hereby vacated. Section 2 . That a certified copy of this ordinance be filed with the Recorder of Deeds of Kane County, Illinois . Section 3 . That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Kevin Kelly Kevin Kelly, Mayor Presented: October 8, 1997 Passed: October 8, 1997 Omnibus Vote: Yeas 6 Nays 0 Recorded: October 9, 1997 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 3 :97K070759 RELEASE OF EASEMENT THIS RELEASE OF EASEMENT, executed this 17th day of October, 1997, by the CITY OF ELGIN, Illinois, an Illinois municipal corporation ( "Grantee" ) . WITNESSETH: WHEREAS, C & L FARMS, INC. , an Illinois corporation ( "Grantor" ) , is the owner and holder of the legal and equitable title of the following described parcel of real estate in Kane County, Illinois ( "Grantor's Tract" ) : PART OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID SOUTHEAST QUARTER OF SECTION 31; THENCE NORTH 88 DEGREES 47 MINUTES 45 SECONDS WEST, ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 558.23 FEET TO AN EXISTING IRON STAKE, THENCE SOUTH 02 DEGREES 06 MINUTES 07 SECONDS WEST, A DISTANCE OF 935.30 FEET TO A NORTH LINE OF DOCUMENT NO. 1261098, AS MONUMENTED; THENCE NORTH 88 DEGREES 30 MINUTES 53 SECONDS WEST, ALONG SAID MONUMENTED LINE, A DISTANCE OF 8. 18 FEET TO AN EXISTING IRON STAKE; THENCE SOUTH 02 DEGREES 03 MINUTES 59 SECONDS WEST, ALONG A WEST LINE ON DOCUMENT NO. 1261098, AS MONUMENTED AND THE SOUTHERLY EXTENSION THEREOF, A DISTANCE OF 536 . 11 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 51 MINUTES 39 SECONDS EAST, ALONG A LINE HEREINAFTER REFERRED TO AS LINE "A" , A DISTANCE OF 577 .24 TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 31 THAT IS 1447 .65 FEET, AS MEASURED ALONG SAID EAST LINE, SOUTH OF THE AFORESAID NORTHEAST CORNER OF THE SOUTHEAST QUARTER; THENCE SOUTH 01 DEGREES 41 MINUTES 39 SECONDS WEST ALONG SAID EAST LINE, A DISTANCE OF 20.02 FEET, TO A LINE THAT IS 20 FEET, AS MEASURED AT RIGHT ANGLES, SOUTHERLY OF AND PARALLEL WITH AFORESAID LINE "A" ; THENCE SOUTH 88 DEGREES 51 MINUTES 39 SECONDS WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 577 .37 FEET TO THE AFORESAID SOUTHERLY EXTENSION OF THE WEST LINE OF DOCUMENT NO. 1261098; THENCE NORTH 02 DEGREES 03 MINUTES 59 SECONDS EAST, ALONG SAID SOUTHERLY EXTENSION, A DISTANCE OF 20.03 FEET TO THE POINT OF BEGINNING. BEING SITUATED IN DUNDEE TOWNSHIP, KANE COUNTY, ILLINOIS. WHEREAS, on the 22nd day of February, 1995, Grantor granted to Grantee a non-exclusive easement for the benefit of Grantee across the Grantor's Tract pursuant to a Declaration of Easement recorded June 27, 1995 as Document No. 95K034791 ( "Easement" ) . WHEREAS, as the Easement is no longer necessary to serve the public, pursuant to City of Elgin Ordinance No. S13-97, Grantee desires to release and vacate the Easement across the Grantor's Tract. NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged by Grantee, Grantee hereby agrees and declares that the Easement be and the same is released and vacated. IN WITNESS WHEREOF, Grantee has executed this Release of Easement on the day and year first above written. THE CITY OF ELGIN, ILLINOIS, an Illinois Municipal Corporation By: �� (Seal) Attest: 1 1 / Ac%: ACKNOWLEDGEMENT STATE OF ILLINOIS )SS COUNTY OF KANE I, the undersigned, a Notary Public in and for and residing in Kane County, in the said State aforesaid, do hereby certify that Kevin Kelly Mayor , and Dolonna Mecum, City Clerk , of the City of Elgin, Illinois, and Illinois municipal corporation, personally known to me to be 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 own free and voluntary act, and as the free and voluntary act of said municipal corporation, for the uses and purposes therein set forth, and that they as custodians of the municipal corporate seal of said municipal corporation did affix the said municipal corporate seal to said instrument as their own free and voluntary act and as the free and voluntary act of said municipal corporation for the uses and purposes therein set forth. Given under my hand and Notarial seal this 17th day of October, 1997 . Jd ! Nary Public THIS INSTRUMENT PREPARED BY: Brian L. Heimberg Brady & Jensen 2425 Royal Boulevard OFFICIAL SEAL Elgin, IL 60123 SUELLYN LOSCH (8 4 7 ) 695-2000 NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES:10/27/98 BLH:C.\C&LEASE.RLS LAW OFFICES BRADY 8 JENSEN • WAYNE M.JENSEN 2425 ROYAL BOULEVARD WILLIAM W. BRADY(1914-1989) RICHARD L.HEIMBERC ROGER K.FRANDSEN ELGIN. ILLINOIS 60123 *ATTORNEY-AT-LAW AND RONALD E. RASMUSSEN ALFRED Y. KIRKLAND.JR. TELEPHONE 847-695-2000 CERTIFIED PUBLIC ACCOUNTANT GLEN T. DOBOSZ' FAX 847-695-3243 MICHAEL C. DEUTSCH* ADDRESS CORRESPONDENCE TO: JANE CRADDOCK RYAN P.O.BOX 807 KEITH A.SPONG ELGIN. ILLINOIS 60121-0807 MARIOS N.KARAYANNIS FRED J. BEER October 14 , 1997 BRIAN L HEIMBERC City of Elgin 150 Dexter Court Elgin, IL 60120 Attention: Loni Mecum, City Clerk Dear Loni : Enclosed is a Release of Easement which I would appreciate your having executed and returned to me for recording. This document refers to the Declaration of Easement, whereas Ordinance S13-97 does not . Thus, even with the recording of the Ordinance the Easement will remain of record without the enclosure . Please have this executed and returned to me at your earliest convenience . Very ," 'uly, %' 7/040,4 gi .1 47,..... Richard L. Heinaberg, for BRADY & JENSEN LAW OFFICES RLH/dj a Enclosure October 17 , 1997 Bud: Release of Easement is enclosed per your request. Xl;),,,, /4Q...-C-41-1-- dja\rlh\city.ltr 1 OF Et . r 9` . , Agenda Item No. iv- J,,f, ,,.. City of Elgin 0 °/?l rE D 0$~ September 17, 1997 TO: Mayor and Members of the City Council FROM: Robert O. Malm, Interim City Manager SUBJECT: Vacation of the Capital Street Right-of-Way Access Easement PURPOSE The purpose of the memorandum is to provide the Mayor and members of the City Council with information to consider the vacation of an access easement for Capital Street. BACKGROUND In May 1995, the City accepted the dedication of Capital Street right-of-way from Sherman Hospital . The dedication included an access easement from Randall Road to the dedicated ril- right-of-way. In April 1997, the City accepted the dedication of Holmes Road right-of-way between the Capital Street right-of-way and Randall Road. This second dedication eliminated the need for the access easement dedicated with Capital Street in 1995 . Please refer to Exhibit A. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT None. tirI 'att fic 'vOst. win be paid by C & `.4 Faring. LEGAL IMPACT None. ALTERNATIVES None. rk Vacation of the Capital Street September 17 , 1997 Page 2 rk RECOMMENDATION It is recommended that the City Council vacate the access easement and authorize the City Manager to execute said documents and return them to C & L Farms for recording. Respectfully submitted, �. David L. Lawry, P. . Director of Public W rks / Robe , t O. Maim Interim City Manager JE/do Attachment 41 .. r- • W CCI- ?%H BUSINESS 00,,, WEg_ I cL _ a . 0 • a 0 cr I. C8L FARMS • FOX LANE 70 it to r W CC . . Lu W 1N cn 0_ 0 -0PUBLIC R.O.W. Z a. O r < 0 FW- a Q I—. O [L CC a APRIL 1997 ROW DEDICATION a Q . {..�t'�IE'S RDD. �j . 20' ACCESS EASEMENT J X K cn DEDICATED MAY 1995 a PROPOSED FOR VACATION 2 • 4 NO SCALE �,..�_�--.. rib' , EXHIBIT A SEPTEMBER 1997