HomeMy WebLinkAbout01-257 Recorded r
Resolution No. 01-257
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A WATER MAIN EASEMENT
FROM AMERICAN STORES PROPERTIES, INC.
(Brandt Drive)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, be and is hereby authorized and
directed to execute a water main easement from American Stores
Properties, Inc . for the property legally described on Exhibit A,
a copy of which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to cause the water main easement to be
recorded in the office of the Recorder of Deeds of Kane County,
Illinois .
s/ Ed Schock
Ed Schock, Mayor
Presented: September 26, 2001
Adopted: September 26, 2001
Omnibus Vote : Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
ffr
•s FILED FOR fRE CORU
KANE COUNTY, ILL.
RECORDING REQUESTED BY AND ZOO I 13 .J 5 2 5 2001 DEC 20 PH 21 145
• WHEN RECORDED RETURN TO:
Dolonna Mecum G
Elgin City Clerk P AP ATTACHED RECORDER
150 Dexter Court
Elgin, IL 60120 c
9700—955 Brandt
Elgin,Illinois
MAP ATTACHED WATER MAIN
EASEMENT
For good and valuable consideration in the amount of Nineteen Thousand Three Hundred
Dollars ($19,300.00),the sufficiency and receipt of which is hereby acknowledged, AMERICAN
A STORES PROPERTIES,INC., a Delaware corporation (Grantor), does hereby grant and convey
unto the CITY OF ELGIN, an Illinois municipal corporation ("Grantee") a non-exclusive
easement in, under, over,upon and across the Easement(described below as Exhibit "A"),for the
1.0 purposes of and in order to construct, reconstruct,modify, supplement,maintain, operate and/or
remove facilities for a water main and to provide service to such facilities.
Said Easement shall consist of a non-exclusive permanent easement together with two
non-exclusive temporary easements to be used during the time of construction of the water main
facilities, all of which are described in Exhibit "A" attached hereto and incorporated herein by
this reference.
SAVE and EXCEPT,HOWEVER, it is expressly understood and agreed that the
Easements are granted "AS IS" subject to all defects, latent or patent, and subject to all licenses
and encumbrances of record or otherwise, and provided further that the Easement is also subject
to the terms of the Easement Addendum attached hereto as Exhibit"B" and incorporated herein
by this reference.
INDEMNITY CLAUSE
Grantee shall indemnify, defend and save harmless the Grantor from any and all claims,
damages,expenses (including, without limitation,reasonable investigative and discovery costs),
liabilities, and judgments on account of injury to persons, loss of life, or damage to property by
reason of the location, construction, installation, and maintenance of the water main in said
Easement Area.
[Signatures on next page.]
((c6Q(J01 K 135525
•
Executed this 07/4 day of df V4..; 2001.
IN WITNESS WHEREOF,
GRANTOR: GRANTEE:
Ame .can Stores Properties, Inc. City of Elgin
a D la are c rporation an Illinois municipal corporation
By t • 1 I' B� — �
Lincoln V. S , Jr. Name: EEO ui t o S c N o c/c
Vice President Its: hi A 7 0
2
1001K 135525
STATE OF IDAHO )
) SS
COUNTY OF ADA )
I, )f,9-,QPE L c.E /4. I -ak(G ft 1 , being a notary public in and for the state and
county aforesaid, do hereby certify that Lincoln V. Sharp,Jr., as the Vice President of
American Stores Properties, Inc., a Delaware corporation, 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 their free and
voluntary act for the uses and purposes therein set forth.
Yi
Given under my hand and notarial seal this /-5- day of________92001.
My Commission expires: /6/-25/4
(S , ' RDELLE M. At_FRIGHT
NOTARY r ID' Ir; �J
STATE OF IDAHO ,e�e,(e— 7/. G .
Notary Public
STATE OF ILLINOIS )
) SS
COUNTY OF 4,04-e )
I, 0 O L O N N/1 A ECU r. , being a notary public in and for the state and
county aforesaid, do hereby certify that ED W A,e 0 Sc//ot/f, as the /77 A p/2
of the City of Elgin, an Illinois municipal corporation, 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 their free and
voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal this R,t/b day of _2001.
My Commission expires: c ..40g D 1 Q D bs
� EAOOFFICIAL SEAL"
DOLONNA MECUM
Notar?ublic,State of Illinois
My Commission Expires 06/20'05 . �` 4^"—
.,%0 .,,. Notary Public
3
20o1 K 135525 3
EXHIBIT "B"
EASEMENT ADDENDUM
Grantor: American Stores Properties, Inc., a Delaware Corporation
Grantee: City of Elgin,an Illinois municipal corporation
Instrument Date:
Anything in this instrument to the contrary notwithstanding, Grantee by recording this instrument and/or
exercising the rights herein granted agrees to the following conditions:
(a) The easement(s) herein granted are subject to all easements and encumbrances of record and
are non-exclusive provided later granted easements shall be subject to Grantee's rights and uses.
(b) All lines, equipment and their related components and supports placed within the described
easement area(s) by Grantee, or Grantee's agents or contractors, pursuant to this instrument ("Grantee's
Property") shall remain the property of Grantee.
(c) Grantor and its successors and assigns retain the right to full use of the surface of the described
easement area(s) except where Grantee has placed Grantee's Property, provided, however, Grantor will
not erect any building or major structure within the described easement area(s).
(d) Grantee shall at all times safely operate and maintain Grantee's Property within the described
easement area(s) and shall promptly repair and restore to its prior condition any paving, parking lot
striping or other improvements, except planters, light standards, buildings and other major structures,
existing within the described easement area(s) which are disturbed by the construction or maintenance of
Grantee's Property by Grantee,or Grantee's agents or contractors.
(e) Grantee shall not in the exercise of the within easement(s) unreasonably interfere or obstruct
Grantor, or Grantor's agents or contractors, in the location or construction of any buildings located in the
area adjoining the described easement area(s), or unreasonably interfere with any business of Grantor.
Grantee agrees that it shall not block or impair access to any loading dock on Grantor's property Monday
through Saturday that if any such work performed by Grantee will block or impair access to any loading
dock that such work shall be performed on a Sunday.
(f) The Easement is granted in an "As Is"condition with all faults, including both latent and patent
defects.
(g) After recording this instrument, Grantee shall provide Grantor with the date and instrument
number of recording.
4
20G1K 135525
C VTEMP\3346-PE6-71014.doc
06/11/01
1
PERMANENT EASEMENT:
A STRIP OF LAND 20 FEET IN WIDTH IN THE SOUTHWEST V4 OF SECTION 36,TOWNSHIP 42
NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,BOUNDED AND DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST V4 OF SECTION 36
AFORESAID,THENCE NORTH 2 DEGREES 23 MINUTES 40 SECONDS WEST,ALONG THE EAST
LINE OF THE SOUTHWEST V4 OF SAID SECTION 36,A DISTANCE OF 66.00 FEET;THENCE
SOUTH 87 DEGREES 36 MINUTES 20 SECONDS WEST,ALONG A LINE DRAWN 66.00 FEET(AS
MEASURED PERPENDICULARLY)NORTH OF AND PARALLEL WITH THE SOUTH LINE OF
THE SOUTHWEST 1/4 OF SECTION 36 AFORESAID, 1714.35 FEET TO A POINT ON THE EAST
LINE OF A 66 FOOT WIDE EASEMENT FOR INGRESS AND EGRESS RECORDED JUNE 3, 1958,
AS DOCUMENT NUMBER 862835,(SAID EAST LINE HEREINAFTER REFERRED TO AS LINE
"A"),SAID POINT BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED STRIP
OF LAND;
THENCE CONTINUING SOUTH 87 DEGREES 36 MINUTES 20 SECONDS WEST,ALONG SAID
PARALLEL LINE,46.00 FEET TO A POINT ON A LINE DRAWN 46.00 FEET(AS MEASURED
PERPENDICULARLY)WEST OF AND PARALLEL WITH LINE"A"AFORESAID;THENCE
NORTH 2 DEGREES 01 MINUTES 51 SECONDS WEST,ALONG SAID PARALLEL LINE,580.15
FEET TO THE NORTHERLY LINE OF THE 66 FOOT WIDE EASEMENT AFORESAID;THENCE
NORTH 84 DEGREES 31 MINUTES 17 SECONDS WEST,ALONG SAID NORTHERLY LINE,20.17
FEET TO A POINT ON A LINE DRAWN 66.00 FEET(AS MEASURED PERPENDICULARLY)WEST
OF AND PARALLEL WITH LINE"A"AFORESAID;THENCE SOUTH 2 DEGREES 01 MINUTES 51
SECONDS EAST,ALONG SAID PARALLEL LINE,BEING ALSO THE WEST LINE (AND ITS
NORTHERLY EXTENSION)OF THE 66 FOOT WIDE EASEMENT AFORESAID,602.92 FEET TO A
POINT ON A LINE DRAWN 46.00 FEET(AS MEASURED PERPENDICULARLY)NORTH OF AND
PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST V4 OF SECTION 36 AFORESAID;
THENCE NORTH 87 DEGREES 36 MINUTES 20 SECONDS EAST,ALONG SAID PARALLEL LINE,
66.00 FEET TO A POINT ON LINE"A"AFORESAID;THENCE NORTH 2 DEGREE 01 MINUTES 51
SECONDS WEST,ALONG SAID LINE"A",20.00 FEET TO THE HEREINABOVE DESIGNATED
POINT OF BEGINNING,IN KANE COUNTY,ILLINOIS.
AREA= 12,950.8 SQUARE FEET OR 0.2973 ACRES.
Aga VA c)(I) ) L)
2oul I35525
TEMPORARY EASEMENT NO. 1:
A STRIP OF LAND 30 FEET IN WIDTH IN THE SOUTHWEST 1/4 OF SECTION 36, TOWNSHIP 42 NORTH, RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 36 AFORESAID, THENCE NORTH 2 DEGREES 23
MINUTES 40 SECONDS WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 36, A
DISTANCE OF 66.00 FEET;THENCE SOUTH 87 DEGREES 36 MINUTES 20 SECONDS WEST,ALONG A LINE DRAWN
66.00 FEET (AS MEASURED PERPENDICULARLY) NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE
SOUTHWEST 1/4 OF SECTION 36 AFORESAID, 1714.35 FEET TO A POINT ON THE EAST LINE OF A 66 FOOT WIDE
EASEMENT FOR INGRESS AND EGRESS RECORDED JUNE 3, 1958, AS DOCUMENT NUMBER 862835, (SAID EAST
LINE HEREINAFTER REFERRED TO AS LINE "A-); THENCE CONTINUING SOUTH 87 DEGREES 36 MINUTES 20
SECONDS WEST, ALONG SAID PARALLEL LINE, 46.00 FEET TO A POINT ON A LINE DRAWN 46.00 FEET (AS
MEASURED PERPENDICULARLY) WEST OF AND PARALLEL WITH LINE "A"AFORESAID, SAID POINT BEING THE
POINT OF BEGINNING OF THE FOLLOWING DESCRIBED STRIP OF LAND; THENCE NORTH 2 DEGREES 01
MINUTES 51 SECONDS WEST, ALONG SAID PARALLEL LINE, 580.15 FEET TO THE NORTHERLY LINE OF THE 66
FOOT WIDE EASEMENT AFORESAID;THENCE SOUTH 84 DEGREES 31 MINUTES 17 SECONDS EAST,ALONG SA►D
NORTHERLY LINE, 30.26 FEET TO A POINT ON A LINE DRAWN 16.00 FEET(AS MEASURED PERPENDICULARLY)
WEST OF AND PARALLEL WITH LINE "A" AFORESAID; THENCE SOUTH 2 DEGREES 01 MINUTES 51 SECONDS
EAST, ALONG SAID PARALLEL LINE, 576.01 FEET TO A POINT ON A LINE DRAWN 66.00 FEET (AS MEASURED
PERPENDICULARLY) NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION
36 AFORESAID- THENCE SOUTH 87 DEGREES 36 MINUTES 20 SECONDS WEST, ALONG SAID PARALLEL LINE,
30.00 FEET TO THE HEREINABOVE DESIGNATED POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS.
AREA = 17,342.5 SQUARE FEETOR0.3981 ACRES.
17014.DW G
Age` ILA 0 ( / i �/o
200 K 1 35525
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C:,TEMP\3346-TE6B-71014.doc
• 06/11/01
1
TEMPORARY EASEMENT NO.2:
A STRIP OF LAND 30 FEET IN WIDTH IN THE SOUTHWEST V4 OF SECTION 36,TOWNSHIP 42
NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,BOUNDED AND DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST'A OF SECTION 36
AFORESAID,THENCE NORTH 2 DEGREES 23 MINUTES 40 SECONDS WEST,ALONG THE EAST
LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 36,A DISTANCE OF 46.00 FEET;THENCE
SOUTH 87 DEGREES 36 MINUTES 20 SECONDS WEST,ALONG A LINE DRAWN 46.00 FEET(AS
MEASURED PERPENDICULARLY)NORTH OF AND PARALLEL WITH THE SOUTH LINE OF
THE SOUTHWEST 1/4 OF SECTION 36 AFORESAID, 1714.48 FEET TO A POINT ON THE EAST
LINE OF A 66 FOOT WIDE EASEMENT FOR INGRESS AND EGRESS RECORDED JUNE 3, 1958,
AS DOCUMENT NUMBER 862835,SAID POINT BEING THE POINT OF BEGINNING OF THE
FOLLOWING DESCRIBED STRIP OF LAND;
THENCE SOUTH 2 DEGREES 01 MINUTES 51 SECONDS EAST,30.00 FEET TO A POINT ON A
LINE DRAWN 16.00 FEET(AS MEASURED PERPENDICULARLY)NORTH OF AND PARALLEL
WITH THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 36 AFORESAID;THENCE SOUTH
87 DEGREES 36 MINUTES 20 SECONDS WEST,ALONG SAID PARALLEL LINE,66.00 FEET TO A
POINT ON THE WEST LINE OF THE 66 FOOT WIDE EASEMENT AFORESAID;THENCE NORTH
2 DEGREES 01 MINUTES 51 SECONDS WEST,ALONG SAID WEST LINE,30.00 FEET TO A
POINT ON A LINE DRAWN 46.00 FEET(AS MEASURED PERPENDICULARLY) NORTH OF AND
PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SECTION 36 AFORESAID;
THENCE NORTH 87 DEGREES 36 MINUTES 20 SECONDS EAST,ALONG SAID PARALLEL LINE,
66.00 FEET TO THE HEREINABOVE DESIGNATED POINT OF BEGINNING,IN KANE COUNTY,
ILLINOIS.
AREA= 1,980.0 SQUARE FEET OR 0.0455 ACRES.
Al : 0(0 II O\/
2OO K ! 35525