HomeMy WebLinkAbout00-261 Recorded Resolution No. 00-261
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT
FOR SANITARY SEWER PURPOSES
(Hunters Ridge Apartments)
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 sanitary sewer purposes for
the property legally described in the Grant of Easement, a
copy of which is attached hereto and made a part hereof by
reference.
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: November 29, 2000
Adopted: November 29, 2000
Omnibus Vote : Yeas 6 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
. . . FILED FOR R[CORD
K 4.N:r' Cr1t i�` .. :_L.
2000K 101372 77 DEE H r;1 l: 45.
MAP ATTACHED6.1..„4_,,;_ Gaerw..........7
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This Instrument Prepared by RECORDERJ
and Mail to After Recording:
William A. Cogley
City of Elgin
150 Dexter Court I��
Elgin, IL 60120-5555-27
�-1
GRANT OF EASEMENT
This Grant of Easement made and entered into this
(SY day of OCCE il'l K3 ce, 2000- Ey and between MREF II
PROPERTY III , L.L.C. , a Missouri limited liability company,
authorized to do business within the State of Illinois
(hereinafter referred to as the "Grantor" ) and the CITY OF
ELGIN, an Illinois municipal corporation (hereinafter referred
to as the "City" ) .
WITNESSETH
, For and in consideration of Ten Dollars ($10 . 00) in
0 hand paid, the mutual undertakings as contained herein, and
QJ
other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties
hereto agree as follows :
1 . The Grantor as the owner of the property legally
described herein does hereby grant to the City of Elgin, a
municipal corporation, a permanent and exclusive easement to
install , construct , operate, use, maintain, repair, service,
upgrade or replace a sanitary sewer line and appurtenances
relating thereto in the property hereinafter referred to as _
the "Easement Premises" and legally described and depicted on
the Plat of Easement prepared by Landmark Engineering Group
I � p�/
POOR ORIGINS -21-\ I
2 000 K I 0 I 0 7 2 v�e�der Not Responstk,ir.
For G eprodUctinnc
•
dated September 7, 2000, said Plat of Easement being attached
hereto and made a part hereof as Exhibit A.
2 . That Grantor shall not construct any buildings,
structures or other physical improvements on the Easement
Premises . The Grantor shall also not plant any trees on the
Easement Premises nor undertake any other activities which
unreasonably interfere with the Easement Premises and the
City' s intended use thereof .
3 . That the initial sanitary sewer improvements to
be located within the Easement Premises shall be constructed
and installed by the Grantor at its cost and in accordance
with the final engineering plans therefore as approved by the
City.
4 . That the easement rights granted herein to the
City includes the right of the City and its agents, at all
reasonable times , of ingress and egress to and from the
Easement Premises across the Grantor ' s adjacent property, and
the right to use a reasonable portion of the real estate owned
by the Grantor adjacent to the Easement Premises during the
performance of any maintenance or other work permitted
pursuant to this Grant of Easement . Upon the completion of
any maintenance or any reconstruction work performed by the
City in the Easement Premises, the City, at its expense, shall
promptly restore all areas disturbed by the City to
substantially the same condition as existed prior to the
maintenance or reconstruction work.
5 . That this instrument shall be governed by and
construed according to the laws of the State of Illinois and
2000 I 0 I 3 7 2
may not be altered, amended, revised, revoked or terminated
except by a duly recorded instrument duly executed by the City
and by the then record title owner (s) of the Easement Premises .
6 . That this instrument and the provisions herein
shall be binding upon and shall insure to the benefit of the
parties hereto and their respective successors, heirs and
assigns, and shall be deemed a covenant running with the land.
7 . That the Grantor hereby represents and warrants
to the City that it is the fee simple title holder of the
Easement Premises and that it has the full power and authority
to enter into and make the Grant of Easement as provided
herein.
IN WITNESS WHEREOF, the Grantor has executed this
instrument on the date and year first written above .
GRANTOR:
MREF II PROPERTY III, L.L. C. ,
a Missouri limited liability Company
By: Michelson Real Estate Fund, II , L.L.C . ,
a Missouri limited liability company, Its Manager
By: MREF Investors II , L.L.C. ,
a Missouri limited li b ' lity company, Its Manager
By: Mie e± on. A3 , Inc . ,
a Missouri corporati.n,4e -s Sole
Member and Manager . " ' - • f C ,
v,� �r � � L• � rv�'r
By: ,- Vtv
Print : Brute_ V M;�
Title : l9;« rr&r Litt
STATE OF MISSOURI )
SS .
COUNTY OF ST. LOUIS )
On this, -1/7 day of � 'V
V 1"U�"' , 2000 , before me
appeared '�+CyM V �,CV� Seg ue, to me personally known, w o being
J
by me duly sworn, did say that he is the .t c, Pfi�tii,'
of Michelson Asset Management , Inc . , a Missouri corporation,
' which is the Sole Member and Manager of MREF Management II ,
2000 I 0 13 7 2
L.L. C. , a Missouri limited liability company, which is the
Manager of MREF Investors II , L.L. C. , a Missouri limited
liability company, which is the Manager of Michelson Real
Estate Fund II , L.L.C. , a Delaware limited liability company,
and that said instrument was signed in behalf of said
companies and corporation by authority of and duly authorized
by their respective Members, Managers and Board of Directors;
and saidWucp 07,cJ4�3Nacknowledged said instrument to be the
free act and deed of said companies and corporation.
IN WITNESS WHEREOF, I have hereu to set my hand and
affixed my official seal in the County a d State -foresaid,
the da and -- .bove written. /
HAROLD L- y
Notary Public Notarry
Seal
STATE OF MISSOURI
ST.Louts COUNTY Notary P u g"
MY COMMISSION EXP.AUG.18,2004_._
CONSENT OF MORTGAGEE
The undersigned legal holder and owner of
Multi-Family Mortgage, Assignment of Rents and Security
Agreement dated June 9, 1999, recorded as Document No .
in Book at Page of the Real Estate Records
of Kane County, Illinois, hereby consents to the foregoing
Sewer Easement, and hereby subordinates said Mortgage thereto .
FANNIE MAE
By: 6,
44,
Printed Nam 1 t,n r11¢, L.
Title : '�Jir- Mf `'i tsr(p- Dore )
Address :
3900 Wisconsin Avenue, N.W.
Washington, DC 20016-2892
Attention: Multifamily Activities
Telephone : (202) 752-7000
STATE OF
1(97e.Lc.A. o F c„oLulll4 SS
COUNTY OF )
On this day of 611.4,0 , 2000 , before me
appeared , to me personally known, who being by
me duly sworn, did say that he/she is the
of FANNIE MAE, and that said instrument was signed in behalf
of said corporation, by authority of its Board of Directors,
and said acknowledged said instrument to be the
free act and deed of said corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and affixed my official seal in the County and State
aforesaid, the day and year first above written.
,// L.0 (2), ?
Notary Public
3 Commission
�pion expires October 31,200120 0 K 101
Accepted by the City of Elgin, Illinois this /ST- day
of .Q t3t-/a 2000 .
CITY OF ELGIN, an Illinois
municipal corporation
/
By - -, /_ � .� _
Mayor
Attest :
City Clerk
STATE OF ILLINOIS )
SS
COUNTY OF KANE )
I , the undersigned, a Notary Public, in and for said
County, in the State aforesaid, do hereby certify that Ed
Schock, Mayor of the City of Elgin, and Dolonna Mecum, City
Clerk of the City of Elgin, 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 official seal , this /. -/- day
of (�'�� �k � � , 2000 .
/
m .lf ,_"
Nota y Pu i c
OFFICIAL SEAL
C'
HS�U�ELYNDraft 9/26/00 4
Aoki_ "'
.1NOTARY PUBLIC, STATE OF ILLINOIS
\,11 mission Expires Oct. 27, 2002
2000PiI0I372
° a '- # City of Elgin Agenda Item No. f.:)
E Tl ''
L ' � ,
November 1, 2000 G k. - �r1;
1 ' . -7•!
TO: Mayor and Members of the City Council NEIGHBORHOOD VITALITY
FROM: Joyce A. Parker, City Manager
SUBJECT: Acceptance of Easement for Public Sanitary Sewer at
Hunters Ridge Apartments - 1009 Big Timber Road
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
eThe owners of the Hunters Ridge Apartments submitted building plans
for the construction of a club house within their complex. Several
underground utilities had to be relocated to accommodate the
construction of the club house . One of the utilities is the City' s
sanitary sewer which was located in an easement on the property.
The sanitary sewer has been relocated and, therefore, the easement
to house the sewer also had to be relocated. The attached easement
agreement permits the City access to its sanitary sewer.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
0:IA—
FINANCIAL IMPACT
The cost to record the easement is approximately $30 . 00, which will
be aid from the Engineering Division within the General Fund.
ujp/r4
GAL IMPACT
None.
ALTERNATIVES
rft. None.
/
Sanitary Sewer Easement/1009 Big Timber Road
November 1, 2000
Page 2
RECOMMENDATION
Itis recommended that City Council authorize the execution of the
easement agreement .
Res•ectfully submitted,
AK a
J/ce Al. Parker
City Manager
JE: do
Attachment