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Home My WebLink About01-100 Recorded Resolution No. 01-100 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT FOR SANITARY SEWER PURPOSES FROM WINDSOR DEVELOPMENT CORPORATION (801 N. McLean Boulevard) 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 of easement for sanitary sewer purposes from Windsor Development Corporation, a copy of which is attached hereto, for the property legally described as follows : A 15 . 0 foot wide easement for Sanitary Sewer purposes over part of the West half of Section 10, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows : Beginning at a point on the East line of the Southwest Quarter of said Section 10 that is 70 . 00 feet Northerly of (measured along said East line) the North line of property owned by School District No. U-46; thence South 00 degrees 00 minutes 00 seconds West, a distance of 7 . 93 feet; thence South 71 degrees 03 minutes 24 seconds West, a distance of 101 .23 feet; thence South 68 degrees 24 minutes 33 seconds West, a distance of 192 . 14 feet; thence North 55 degrees 50 minutes 50 seconds West a distance of 276 .44 feet; thence South 51 degrees 44 minutes 35 seconds West, a distance of 115 . 30 feet; thence South 41 degrees 33 minutes, 31 seconds West, a distance of 117 . 56 feet to the Northeasterly line of McLean Boulevard; thence North 28 degrees 01 minutes 57 seconds West, along said northeasterly line a distance of 16 . 00 feet; thence North 41 degrees 33 minutes 31 seconds East, a distance of 113 . 32 feet; thence North 51 degrees 44 minutes 35 seconds East, a distance of 127 . 62 feet; thence South 55 degrees 50 minutes 50 seconds East, a distance of 279 .48 feet; thence North 68 degrees, 24 minutes 33 seconds East, a distance of 184 . 56 feet; thence North 71 degrees 03 minutes 24 seconds east, a distance of 106 . 73 feet; thence South 00 degrees 00 minutes 00 seconds West, along the East line of the Southwest quarter of aforesaid Section 10 a distance of 7 . 93 feet to the point of beginning, in the City of Elgin, Kane County, Illinois and containing 12, 107 . 82 square feet more or less . 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: April 11, 2001 Adopted: April 11, 2001 Omnibus Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk or . FILED FOR RECORD KANE MINTY, ILL. 2001k 059795 2 U1JUN21 AM 9: 30 --.tet_ 60- g-vr,,- . . This Instrument Prepared by `J aand Mail to After Recording: illiam A. Cogley ity of Elgin 150 Dexter Court r Elgin, IL 60120-5555 GRANT OF EASEMENT This Grant of Easement is made and entered into this 2001 27TH day of FEBRUARY , WM by and between WINDSOR DEVELOPMENT CORPORATION, an Illinois corporation (hereinafter referred to as "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 hand paid, the mutual undertakings as contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties 03 hereto agree as follows : J 1 . The Grantor as the owner of the property legally described herein does herebyto the City,grant a permanent 33' and exclusive easement to install, construct, operate, use, 2:V1 maintain, service, upgrade, repair or replace a sanitary sewer line and appurtenances relating thereto in the property hereinafter referred to as the "Easement Premises" and legally described as follows : (V 2001K059795 ir A 15 . 0 foot wide easement for Sanitary Sewer purposes over part of the West half of Section 10 , Township 41 North, Range 8 East of the Third Principal Meridian, described as follows : Beginning at a point on the East line of the Southwest Quarter of said Section 10 that is 70 . 00 feet Northerly of (measured along said East line) the North line of property owned by School District No. U-46 ; thence South 00 degrees 00 minutes 00 seconds West, a distance of 7 . 93 feet; thence South 71 degrees 03 minutes 24 seconds West, a distance of 101 . 23 feet; thence South 68 degrees 24 minutes 33 seconds West, a distance of 192 . 14 feet; thence North 55 degrees 50 minutes 50 seconds West a distance of 276 .44 feet; thence South 51 degrees 44 minutes 35 seconds West, a distance of 115 . 30 feet; thence South 41 degrees 33 minutes, 31 seconds West, a distance of 117 . 56 feet to the Northeasterly line of McLean Boulevard; thence North 28 degrees 01 minutes 57 seconds West, along said northeasterly line a distance of 16 . 00 feet ; thence North 41 degrees 33 minutes 31 seconds East, a distance of 113 . 32 feet ; thence North 51 degrees 44 minutes 35 seconds East, a distance of 127 . 62 . feet; thence South 55 degrees 50 minutes 50 seconds East, a distance of 279 . 48 feet; thence North 68 degrees, 24 minutes 33 seconds East, a distance of 184 . 56 feet; thence North 71 degrees 03 minutes 24 seconds east, a distance of 106 . 73 feet ; thence South 00 degrees 00 minutes 00 seconds West , along the East line of the Southwest quarter of aforesaid Section 10 a distance of 7 . 93 feet to the point of beginning, in the City of Elgin, Kane County, Illinois and containing 12 , 107 . 82 square feet more or less . 2 . That Grantor shall not construct any buildings, structures or other physical improvements 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 this agreement shall be binding on the parties hereto and their respective successors and assigns and shall run with the land. 2001059795 • In Witness Whereof,the Grantor has executed this instrument on the date and year first written above. WINDSOR DEVELOPMENT CORPO TIO By: � Its Author' :• 'epresentative Attest: Its: Accepted by the City of Elgin, Illinois this /fix day of 2001. CITY OF ELGIN, an Illinois municipal corporation By: ��_ _ Mayor Attest: 5tegh,v--4Q City Clerk 200K 0 5 9 7 9 5 3 . , STATE OF ILLINOIS ) ) SS COUNTY OF KANE ) I, the undersigned, a Notary Public, in and for said County, in the Jay L. Cope, the _ Pke,,611:1pAjr of Windsor Development Corporation, and jcktj07 P. Zinicteg_i the .Jecri-iarK of Windsor Development Corporation, personally nown to me to be the same persons whose names are subscribed _o 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;e7M-- day of ‘44.tu>.v.4-'aj,.../ , 2.0 0 kil. 9 7 Notary Public 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 of a2.7)./Lif , 2001. 70 / ( , , Nota Public EASEMENT.WD/RAGREE 44a...2,•Ah.Alk.all.46.46.416.Alh.AI,A I k.&., 1 OFFICIAL SEAL P 4 SUELLYN LOSCH t _NOTARY PUBLIC, STATE OF ILLINOIS ,11;140Mrrzisleslon Exi;31r:;Cct:v7, 2002 .r : 2001 K 0 5 9 7 9 5 ,i oF Ez • 0 ,e,,,,,,,, City of Elgin Agenda Item No. e e' ',,, ' ,.• E 1 i ! P iti 1 yg II L „„ 4 . . ii! ; March 16 , 2001 loo Ill 11 qi G a 0 ii di b , HII I I p Eirl ,II! ii di ::c it I 1111 PP TO: Mayor and Members of the City Council ,o10 ' N , ;:41 !i a 1111 ..614. d FINANCIALLY STABLE CITY GOVERNMENT FROM: Joyce A. Parker, City Manager EFFK IENT SERVKES, AND QUALIT Y INFRASTRUCTURE SUBJECT: Easement Acceptance at 801 North McLean Boulevard PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider acceptance of a new easement for sanitary sewer at 801 North McLean Boulevard. BACKGROUND Windsor Development Corporation received rezoning approval from the Elgin City Council for a retirement home project located on the m. above property on December 15, 1999 . Since the rezoning approval, the site design has been finalized. The location of the proposed structure as defined in the site design encroaches into an existing sanitary sewer easement, home to the Tyler Creek Interceptor Sewer. To accommodate the final design, a section of the sewer must be relocated. The developer will start work on the sewer this spring. The developer will be responsible for all costs associated with the relocation of the sewer. Since this sewer is publicly owned and will no longer be located within the existing easement , the City must be granted an easement for the new location. The easement agreement is shown in Exhibit A. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT To ensure the easement is properly recorded, City staff will record the easement with Kane County at City expense and require reimbursement of recording fees at the time of issuing the building permit . The developer will be responsible for all costs to relocate the sewer. em. rill. 801 North McLean Boulevard March 16 , 2001 Page 2 EGAL IMPACT None . ALTERNATIVES NCI RECOMMENDATION It is recommended that City Council accept this easement agreement and allow staff to execute and record the document . R-spectfully submitted, a . /94J-4--------- .7, ce A. Parker City Manager feft Attachment low PROPOSED RELOCATION OF 24" SANITARY SEWER VILLAGE GREEN SUBDIVISION e'' \ \ \ \ \ \ \ \ -' ‘'.-\ \\\ \ J \ /// \\ \\ / / \ \ // t'� \ / r -\ \ \ j \\ ( ��`-� r/ \/ \\ "ROPOSED 20' SANITARY \ SEWER EASEMENT ,.) / <�:/ \ / \ \\ / . / "\ \ // \ \ <' Z / ( \,i .A Y Y r c - \\\ �. \. / \ \ \ / C e(-7 ...s .s ' . \\ \ / EXISTING 20' SANITARY \\ SEWER EASEMENT \\ i \ '\ 7,,i ( \ \' %\ .-.-1; >>cN< V16 LOCATION MAP FOR SANITARY SEWER EASEMENT • ______________ , - Iiiejcstr."01 , 4 £ • a _ vl -00 emk Ro •' Blvd , EAOEME D11------- - . r-- D�woartcn oalc,s - ,_ - Cypr' Is / 0 ) . 11) ., _ _....- Lv i.- i I y . ft Cl • W'�9 -.1 Its 3 Ksk1. t J t 6 r� 211 I I 1 inois Parts I 5~ i �f C E --1 RO 1 ; ,. i r n n rt [l lil C(—`'1:2-- r7) \-- ' ..:_, d August 13 , 2001 TO: Chad Butzow, FROM: Loni Mecum, City Clerk SUBJECT: 801 N. McLean Boulevard (Windsor Development) The Grant of Easement for a sanitary sewer at 801 N. McLean Boulevard was recorded June 21, 2001, as Document No. 2001K059795 . A copy of the recorded easement is attached. The Plat of Dedication was also recorded on June 21, 2001, as Document No. 2001K059796 . If you need a copy of the plat, please pick the mylar up from my office, have it copied, and returned to me as soon as possible . A copy of the receipt for the recording fees totaling $74 . 00 is also attached so that your department may be reimbursed.