HomeMy WebLinkAbout01-258 Recorded V
Resolution No. 01-258
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT
FOR WATER MAIN PURPOSES FROM KIMBALL HILL INC.
(Brandt Drive)
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 water main purposes from Kimball Hill Inc . for the
property legally described on Exhibits A and B, a copy of which is
attached hereto.
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 Cook 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
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• 2001—12-03- 1..4 > r?:: : 30
Cook County Recorder
GRANT OF EASEMENT
THIS INDENTURE, made and entered into this =; NO day of
CJC TG,46C1'., , 2001, by and between Kimball Hill Inc . , an
Illinois corporation, hereinafter referred to as "Grantor" , and
the CITY OF ELGIN, Illinois, a municipal corporation, hereinafter
referred to as "City" , Witnesseth:
That in and for the consideration of seven thousand eight
hundred dollars ($7 , 800) and other good and valuable
consideration, the sufficiency of which is hereby acknowledged,
Grantor does hereby grant and convey to the City a permanent
easement for the construction and maintenance of a water line in,
upon and over the following described real property in the City
of Elgin, County of Cook, State of Illinois, more particularly
described as :
PERMANENT EASEMENT NO. 1
A STRIP OF LAND 20 FEET IN WIDTH IN THAT PART OF LOT 2 OF THE
ASSESSOR' S DIVISION OF FRACTIONAL SECTION 6, TOWNSHIP 41 NORTH
RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF
SAID SECTION 6, BEING ALSO THE NORTH LINE OF HANOVER TOWNSHIP,
855 . 86 FEET (AS MEASURED ALONG SAID NORTH LINE) WEST OF THE
NORTHEAST CORNER THEREOF; THENCE SOUTH 1 DEGREE 10 MINUTES 10
SECONDS WEST, ALONG A LINE HEREINAFTER REFERRED TO AS THE WEST
LINE OF LOT 1 IN THE ASSESSOR' S DIVISION OF SECTION 6 AFORESAID,
45 . 10 FEET TO THE POINT OF INTERSECTION WITH THE NORTHERLY
RIGHT—OF—WAY LINE OF THE NORTHERN ILLINOIS TOLL HIGHWAY, PARCEL
N-6A-16, CONVEYED BY DEED DATED AUGUST 28, 1956; THENCE SOUTH 87
DEGREES 39 MINUTES 22 SECONDS WEST, ALONG SAID NORTHERLY LINE,
20 . 04 FEET TO THE POINT OF INTERSECTION WITH A LINE DRAWN 20 . 00
FEET (AS MEASURED PERPENDICULARLY) WEST OF AND PARALLEL WITH THE
WEST LINE OF LOT 1 IN THE ASSESSOR' S DIVISION AFORESAID; THENCE
NORTH 1 DEGREE 10 MINUTES 10 SECONDS EAST, ALONG SAID PARALLEL
LINE, 45 . 08 FEET TO THE POINT OF INTERSECTION WITH THE NORTH LINE
OF FRACTIONAL SECTION 6 AFORESAID; THENCE NORTH 87 DEGREES 36
MINUTES 20 SECONDS EAST, ALONG SAID NORTH LINE, 20 . 04 FEET TO THE
HEREINABOVE DESIGNATED POINT OF BEGINNING, IN COOK COUNTY,
ILLINOIS .
AREA = 903 . 6 SQUARE FEET OR 0 . 0207 ACRES.
PERMANENT EASEMENT NO. 2
A STRIP OF LAND 20 FEET IN WIDTH IN THAT PART OF FRACTIONAL
SECTION 6, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL
MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT A POINT
ON THE NORTH LINE OF SAID SECTION 6, BEING ALSO THLATE NORTH LINE OF
After recording return to:
inn Mecum Elgin
City WITH TH
11 $
Elgin Clerk
150 Dexter Court f�
Elgin, IL 60120 } DOCUMErkr
, 1.•
HANOVER TOWNSHIP, 855 . 86 FEET (AS MEASURED ALONG SAID NORTH LINE)
WEST OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH 1 DEGREE 10
MINUTES 10 SECONDS WEST, ALONG A LINE HEREINAFTER REFERRED TO AS
THE WEST LINE OF LOT 1 IN THE ASSESSOR'S DIVISION OF SECTION 6
AFORESAID, 355 . 69 FEET TO THE POINT OF INTERSECTION WITH THE
SOUTH LINE OF LAND CONVEYED TO THE NORTHERN ILLINOIS GAS COMPANY
BY DOCUMENT NUMBER 17588255, RECORDED JULY 6, 1959, SAID
SOUTHERLY LINE BEING A LINE DRAWN 60 . 00 FEET (AS MEASURED
PERPENDICULARLY) SOUTHERLY OF AND PARALLEL WITH THE SOUTHERLY
RIGHT-OF—WAY LINE OF THE NORTHERN ILLINOIS TOLL HIGHWAY PARCEL
N-6A-16 CONVEYED BY DEED DATED AUGUST 28, 1956, SAID POINT BEING
ALSO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED STRIP OF
LAND; THENCE CONTINUING SOUTH 1 DEGREE 10 MINUTES 10 SECONDS
WEST, ALONG SAID WEST LINE, 633 . 42 FEET TO THE POINT OF
INTERSECTION WITH THE EASTERLY EXTENSION OF THE NORTHERLY
TERMINUS OF TOASTMASTER DRIVE AS SHOWN ON PLAT OF DEDICATION
RECORDED NOVEMBER 16, 1990 AS DOCUMENT NUMBER 90562719; THENCE
SOUTH 87 DEGREES 40 MINUTES 27 SECONDS WEST, ALONG SAID EASTERLY
EXTENSION AND NORTHERLY TERMINUS OF TOASTMASTER DRIVE AFORESAID,
20 . 04 FEET TO A POINT ON A LINE DRAWN 20 . 00 FEET (AS MEASURED
PERPENDICULARLY) WEST OF AND PARALLEL WITH THE WEST LINE OF LOT 1
IN THE ASSESSOR' S DIVISION AFORESAID; THENCE NORTH 1 DEGREE 10
MINUTES 10 SECONDS EAST, ALONG SAID PARALLEL LINE, 633 . 42 FEET TO
THE POINT OF INTERSECTION WITH THE SOUTHERLY LINE OF LAND
CONVEYED TO THE NORTHERN ILLINOIS GAS COMPANY BY DOCUMENT NUMBER
17588255, AFORESAID; THENCE NORTH 87 DEGREES 39 MINUTES 22
SECONDS EAST, ALONG SAID SOUTHERLY LINE, 20 . 04 FEET TO THE
HEREINABOVE DESIGNATED POINT OF BEGINNING, IN COOK COUNTY,
ILLINOIS.
AREA = 12, 693 . 7 SQUARE FEET OR 0 . 2914 ACRES.
Further, Grantor does hereby grant and convey to the City a
temporary construction easement in, upon and over the following
described real property in the City of Elgin, County of Cook,
State of Illinois, more particularly described as :
TEMPORARY EASEMENT NO. 1 (EXHIBIT -A) :
A STRIP OF LAND 30 FEET IN WIDTH IN THAT PART OF LOT 2 OF THE
ASSESSOR' S DIVISION OF FRACTIONAL SECTION 6, TOWNSHIP 41 NORTH,
RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND
DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF
SAID SECTION 6, BEING ALSO THE NORTH LINE OF HANOVER TOWNSHIP,
855 . 86 FEET (AS MEASURED ALONG SAID NORTH LINE) WEST OF THE
NORTHEAST CORNER THEREOF; THENCE SOUTH 87 DEGREES 36 MINUTES 20
SECONDS WEST, ALONG SAID NORTH LINE, 20 . 04 FEET TO THE POINT OF
INTERSECTION WITH A LINE DRAWN 20 . 00 FEET (AS MEASURED
PERPENDICULARLY) WEST OF AND PARALLEL WITH THE WEST LINE OF LOT 1
IN THE ASSESSOR' S DIVISION AFORESAID, SAID POINT BEING THE POINT
0011134640 p.,ge 3 ut '
7
OF BEGINNING OF ,THE FOLLOWING DESCRIBED STRIP OF LAND; THENCE
SOUTH 1 DEGREE 10 MINUTES 10 SECONDS WEST, ALONG A LINE DRAWN
20 . 00 FEET (AS MEASURED PERPENDICULARLY) WEST OF AND PARALLEL
WITH THE WEST LINE OF LOT 1 IN THE ASSESSOR S DIVISION OF SECTION
6 AFORESAID, 45 . 08 FEET TO THE POINT OF INTERSECTION WITH THE
NORTHERLY RIGHT—OF—WAY LINE OF THE NORTHERN ILLINOIS TOLL
HIGHWAY, PARCEL N-6A— 16, CONVEYED BY DEED DATED AUGUST 28 , 1956;
THENCE SOUTH 87 DEGREES 39 MINUTES 22 SECONDS WEST, ALONG SAID
NORTHERLY LINE, 30 . 06 FEET TO THE POINT OF INTERSECTION WITH A
LINE DRAWN 50 . 00 FEET (AS MEASURED PERPENDICULARLY) WEST OF AND
PARALLEL WITH THE WEST LINE OF LOT 1 IN THE ASSESSOR' S DIVISION
AFORESAID— THENCE NORTH 1 DEGREE 10 MINUTES 10 SECONDS EAST,
ALONG SAID PARALLEL LINE, 45 . 06 FEET TO THE POINT OF INTERSECTION
WITH THE NORTH LINE OF FRACTIONAL SECTION 6 AFORESAID— THENCE
NORTH 87 DEGREES 36 MINUTES 20 SECONDS EAST, ALONG SAID NORTH
LINE, 30 . 06 FEET TO THE HEREINABOVE DESIGNATED POINT OF
BEGINNING, IN COOK COUNTY, ILLINOIS .
AREA = 1, 354 . 8 SQUARE FEET OR 0 . 0311 ACRES .
TEMPORARY EASEMENT NO. 2 (EXHIBIT —B) :
A STRIP OF LAND 30 FEET IN WIDTH IN THAT PART OF FRACTIONAL
SECTION 6, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL
MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT A POINT
ON THE NORTH LINE OF SAID SECTION 6 , BEING ALSO THE NORTH LINE OF
HANOVER TOWNSHIP, 855 . 86 FEET (AS MEASURED ALONG SAID NORTH LINE)
WEST OF THE NORTHEAST CORNER THEREOF; THENCE SOUTH 1 DEGREE 10
MINUTES 10 SECONDS WEST, ALONG A LINE HEREINAFTER REFERRED TO AS
THE WEST LINE OF LOT 1 IN THE ASSESSOR' S DIVISION OF SECTION 6
AFORESAID, 355 . 69 FEET TO THE POINT OF INTERSECTION WITH THE
SOUTHERLY LINE OF LAND CONVEYED TO THE NORTHERN ILLINOIS GAS
COMPANY BY DOCUMENT NUMBER 17588255, RECORDED JULY 6, 1959 , SAID
SOUTHERLY LINE BEING A LINE DRAWN 60 . 00 FEET (AS MEASURED
PERPENDICULARLY) SOUTHERLY OF AND PARALLEL WITH THE SOUTHERLY
RIGHT—OF—WAY LINE OF THE NORTHERN ILLINOIS TOLL HIGHWAY; THENCE
SOUTH 87 DEGREES 39 MINUTES 22 SECONDS WEST, ALONG SAID SOUTHERLY
LINE, 20 . 04 FEET TO THE POINT OF INTERSECTION WITH A LINE DRAWN
20 . 00 FEET (AS MEASURED PERPENDICULARLY) WEST OF AND PARALLEL
WITH THE WEST LINE OF LOT 1 IN THE ASSESSOR ' S DIVISION AFORESAID,
SAID POINT BEING ALSO THE POINT OF BEGINNING OF THE FOLLOWING
DESCRIBED STRIP OF LAND; THENCE SOUTH 1 DEGREE 10 MINUTES 10
SECONDS WEST, ALONG SAID PARALLEL LINE, 633 . 42 FEET TO THE POINT
OF INTERSECTION WITH THE NORTHERLY TERMINUS OF TOASTMASTER DRIVE
AS SHOWN ON PLAT OF DEDICATION RECORDED NOVEMBER 16, 1990, AS
DOCUMENT NUMBER 90562719; THENCE SOUTH 87 DEGREES 40 MINUTES 27
SECONDS WEST, ALONG SAID NORTHERLY TERMINUS OF TOASTMASTER DRIVE
AFORESAID, 30 . 06 FEET TO A POINT ON A LINE DRAWN 50 . 00 FEET (AS
MEASURED PERPENDICULARLY) WEST OF AND PARALLEL WITH THE WEST LINE
OF LOT 1 IN THE ASSESSOR' S DIVISION AFORESAID; THENCE NORTH 1
0011134640 Page 4 of 7
DEGREE 10 MINUTFS 10 SECONDS EAST, ALONG SAID PARALLEL LINE,
633,. 42 FEET TO THE POINT OF INTERSECTION WITH THE SOUTHERLY LINE
OF LAND CONVEYED TO THE NORTHERN ILLINOIS GAS COMPANY BY DOCUMENT
NUMBER 17588255, AFORESAID; THENCE NORTH 87 DEGREES 39 MINUTES 22
SECONDS EAST, ALONG SAID SOUTHERLY LINE, 30 . 06 FEET TO THE
HEREINABOVE DESIGNATED POINT OF BEGINNING, IN COOK COUNTY,
ILLINOIS.
AREA = 19, 040 . 6 SQUARE FEET OR 0 . 4371 ACRES.
This grant of easement is executed, delivered and is granted
upon the following conditions :
1. The Grantor shall not erect any permanent structure on the
permanent easement described herein, provided, however the
Grantor has the right to construct a road across the
easement and the right to place landscaping upon the
easement and the City agrees to rebuild the road and replace
the landscaping at the City' s cost in the event that the
road and landscaping must torn up for repair or maintenance
of the water main.
2 . The City agrees to indemnify the Grantor for any damages to
the property within the easement or any claims arising
directly as a result of the City' s work upon the easement
either during construction of the water main or during
maintenance or repair of the water main.
3 . The City acknowledges that the easement is located within
the required setback and will not reduce the buildable area
of Grantor' s land.
The terms and conditions of this permanent and temporary
easement shall be binding upon the Grantors and the City, and
upon their eirs, executors, successors and assigns .
Sal. - %n.r ry ea ent shall expire on 7YC 's 2002 .
By: ( " e( /1
mball Hill I ic'l /rz&-75 rio4new n iec. /goive-ST
___4g5get±5—,
By:
Ed Schock, Mayor
Attest: -c-u.-Y,--
Dolonna Mecum, City Clerk
, ) WITH THIS ;.
^i DOCUM1
STATE OF ILLINOIS' )
)
COUNTY OF COOK
I, the undersigned, a Notary Public, in and for said County,
in the State of aforesaid, DO HEREBY CERTIFY that Ed Schock
and Dolonna Mecum , personally known to me to be the
same persons whose names are described to the foregoing
instrument, appeared before me this day in person, and
acknowledged that they signed, sealed and delivered the said
instrument as their free and voluntary act, for the use and
purpose therein set forth.
Given under my hand and official seal, this 2nd
day of October , 2001 .
.a..e►"w.w.wAK, ,.- 'A A " Notary PublAp
OFFICIAL SEAL
SUELLYN LOSCH
NOTARY PUBLIC, STATE OF ILLINOIS
My Commission Expires Oct. 27, 2002
vY 111r`r®oNIF V67 NiOr�
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