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HomeMy WebLinkAbout00-142 Recorded Resolution No. 00-142 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF .EASEMENT FOR A STORM SEWER FROM GARY R. CLAUSEN AND KAY CLAUSEN (530 Glenwood Trail) 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 and accept a grant of easement for the construction and maintenance of a storm sewer from Gary R. Clausen and Kay Clausen, over the property legally described as follows : The westerly 15 feet, as measured along the west line of that portion of Lot 1 in Glenwood Subdivision in the Southeast Quarter of Section 1, Township 41 North, Range 8 East of the Third Principal Meridian, described as follow: Beginning at the Northeast corner of said lot; thence South along the East line of said lot 135 . 6 feet to the Northerly line of Glenwood Trail ; thence Westerly along said Northerly line 88 . 5 feet; thence Northerly 132 . 9 feet to a point on the North line of said Lot 88 . 5 feet West of the Northeast corner thereof; thence East along said North line 88 . 5 feet to the point of beginning, 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 Easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois . s/ Ed Schock Ed Schock, Mayor Presented: May 24, 2000 Adopted: May 24, 2000 Omnibus Vote : Yeas 4 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk • 4 . ;L.r r) F C,? RECORD THIS INSTRUMENT 2000K0t346L 1E0 JUN -- I h1111: 30 PREPARED BY SIMMOIMOSit Willard B. Widerberg - rl Attorney at Law 225 North McLean Boulevard RECORDER Elgin, Illinois 60123 847-742-7155 GRANT OF EASEMENT This Indenture, made and entered into this , h-YA day of 41U, 2000, by and between GARY R. CLAUSEN and KAY CLAUSEN (hereinafter referred to as the "Grantors") and the CITY OF ELGIN, an Illinois municipal corporation, 150 Dexter Court, Elgin, Illinois 60120 (hereinafter referred to as the "City") . WITNESSETH: WHEREAS, that for and in consideration of the sum of Ten Dollars ($10. 00) in hand paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantors do hereby grant and convey to the City a permanent and exclusive easement for the construction, alteration, maintenance and repair of a storm sewer and all appurtenances thereto, in, upon and over the following described real property in the City of Elgin, Kane County, State of Illinois (hereinafter referred to as "the Easement Premises") and legally described as follows: The westerly 15 feet, as measured along the west .J line of that portion of Lot 1 in Glenwood Subdivision C.► in the Southeast Quarter of Section 1, Township 41 North, Range 8 East of the Third Principal Meridian, Return to: at Elgin City Clerk 1 150 Dexter Court Elgin, IL 60120 (5'.x;? 2000 KU 3464 • described as follows: Beginning at the Northeast corner of said lot; thence South along the East line of said lot 135. 6 feet to the Northerly line of Glenwood Trail; thence Westerly along said Northerly line 88 . 5 feet; thence Northerly 132 . 9 feet to a point on the North line of said Lot 88. 5 feet West of the Northeast corner thereof; thence East along said North line 88 .5 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. Permanent Index No. Part of 06-01-452-007 Address: a portion of 530 Glenwood Trail, Elgin, Illinois 60120. That this Grant of Easement is executed, delivered and granted upon the following conditions: 1. That Grantors shall not erect any buildings or any permanent structures on the Easement Premises described herein. 2 . That the City, in conjunction with the original construction of the storm sewer through the Easement Premises, shall relocate the drainage path that currently runs through the middle of Grantors' adjacent vacant property. Grantors do hereby further grant and convey to the City a temporary construction easement in, upon and over such adjacent property for the purposes of relocating and re-routing the drainage path of Grantors ' adjacent property. 3 . That the City agrees to indemnify and hold Grantors harmless for any damages or claims arising directly as a result of the City' s work within the Easement Premises either during construction or during any maintenance or repair. 2 2000K043464 4. That the terms of this Grant of Easement shall run with the land and shall be binding upon the Grantors and the City, and upon their heirs, executors, successors and assigns. IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first above written. CITY OF ELGIN, a municipalpacorporation By: 6��r'�e.eZ - '( L ' C li � � , ED SCHOCK, MAYOR ARY R. 1.CLAUSEN ATTEST: e. ,,, i !„".L.,,.„,,,, A�j� ,, _ KAY CT USEN eS/474 ) i/ DOLONNA MECUM, 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 GARY R. CLAUSEN and KAY CLAUSEN, personally known to me to be the 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 free and voluntary act, for the uses and purposes therein set forth. Given under my hand and ,pfficial seal, this /C)f4 day of March, 2000. f :40>00‘11'•-1 No 'ary Publir.....,,,,. ...,....„..,,4„c "OFFICIAL SEAL" JANICE L.SAMPSON 0. Notary Public,State of Illinois 4i My Commission Expires 09;19103 3 3 200oK043464 • STATE OF ILLINOIS ) SS COUNTY OF K A N E I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that before me this day in person appeared Ed Schock, personally known to me to be the Mayor of the City of Elgin, an Illinois municipal corporation, and Dolonna Mecum, personally known by me to be the City Clerk of said municipal corporation, and each severally acknowledged that they signed and delivered the foregoing instrument in their respective capacities herein set forth and caused to be affixed thereto the seal of said municipal corporation pursuant to the authority given by the City Council of said municipal corporation as the free and voluntary act of said municipal corporation as their own free and voluntary act, for the uses and purposes therein set forth. K�Given under my hand and notarial seal this r2j day of , 2000. >fueart_ L/ 57- Notary Publi OFFICIAL SEAL SUELLYN LOSCH NOTARY PUBLIC, STATE OF ILLINOIS 4 My Commission Expires Oct. 27, 2002 Ns' ®'ice"vT ne7 sr- 4 .4 Li 2000KQ43464 .4 OF 6-4 Agenda Item No. City of Elgin g May 10, 2000 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Acceptance of Easement for Public Storm Sewer on 530 Glenwood Trail PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the acceptance of an easement agreement. BACKGROUND The storm water runoff in the residential area just south of Trout Park and west of Dundee Avenue naturally drains to the west into a heavily wooded ravine area. Prior to the Area III project, storm water from Oakhill Road and Glenwood Avenue would surface and flow west onto Glenwood Trail. Once on Glenwood Trail, the runoff would flow across private property causing flood damage in severe storms, and erosion in a ravine located at 530 Glenwood Trail. Some of the surface flow drained to an existing field tile which in turn drained to the bottom of the ravine. This field tile was in poor condition. In 1998 the City completed construction of the Area III project and with this project the City corrected the poor drainage of the area west of Dundee Avenue just north of Coleman School. The original intent was to consolidate the storm water runoff from Glenwood Avenue, Oakhill Road and Trout Park Boulevard to a ravine in Trout Park. As stated above Glenwood and Oakhill drained to a ravine off of Glenwood Trail, therefore, only Trout Park Boulevard drained to the ravine in Trout Park. By consolidating the runoff, staff felt the erosion. and flooding issues could be controlled if not eliminated. This plan was blocked by the Illinois Nature Preserve Commission, which apparently maintains the ravine in Trout Park. Their reasoning for denial was based on the fact that a portion of the runoff did not naturally drain to the ravine and the additional ... ell° Storm Sewer Easement/530 Glenwood Trail May 10, 2000 Page 2 flow would be a detriment to the ravine. In order to keep the Area III project moving, the City staff quickly revised the plans to route the storm water runoff from Glenwood and Oakhill back to the ravine off of Glenwood Trail. Unfortunately the City did not have access to the ravine and did not have time to pursue an easement for said access . The Area III storm sewer serving Glenwood and Oakhill was connected to the existing field tile that crossed the private properties and eventually discharged into the ravine. In poor condition to start with, the tile failed altogether shortly after we connected our storm sewer. The erosion continues to be a problem at 530 Glenwood Trail. The acceptance of the easement will allow the City the ability to access the ravine on 530 Glenwood Trail . With the easement in place, staff could construct a storm sewer to replace the field tile. By routing the storm sewer to the bottom of the ravine, the erosion issue could be resolved. The storm sewer would begin where the Area III storm sewer stopped (tied into the field tile) , route around the area of erosion and discharge at the bottom of the elm- ravine. The corrosive energy of storm water runoff would be lost in a special manhole on Glenwood Trail and from this manhole the storm sewer would be sized such that the velocity (and corrosiveness) would be minimal. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The cost to obtain and record the easement is approximately $30 . 00. Construction of the storm sewer is not budgeted in the City' s five year plan. If constructed in 2001, the cost is estimated at $25, 000 . These funds will be requested as part of the upcoming year' s budget process . The acceptance of the easement does not commit the City to construct the storm sewer. \011//LEGAL IMPACT None. r Storm Sewer Easement/530 Glenwood Trail May 10, 2000 Page 3 ALTERNATIVES None. RECODNDATION It is recommended that City Council authorize the execution of the easement agreement. Re •ectfully submitt , Ae, 6/2 . J 'ce A ��sParker City Manager JE:do Attachments --roRM �EWeR . EA NT 1M1t?I Zow - It r r i ,,c,..5.-- . it ..--'' r V r . SurFsTeci- / ' / ?foc7RN " I . i 4. (5' 5-roRM 5G IEi� SEMF.�iT / If' .� P 1- s1 2 .O S0 ," Ail P I . 1 IICgIt © II"I, • a(� 4-001 T ` 1 h O 1 n A 1, cso ? 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