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Home My WebLink About01-259 Recorded • Resolution No . 01-259 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT FOR WATER MAIN PURPOSES FROM MAX MCGRAW WILDLIFE FOUNDATION (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 Max McGraw Wildlife Foundation 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 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 FILED FOR RECORD �cox04 KANE COIN . ` - t. d JL2001 K 135526 20U1 DEC 20 PM 2= 45 • RLCO'DL^ Sandy Wegman Kane County Recorder 719 S Batavia Ave, Bldg C Geneva, IL 60134 630-232-5935 MAP ATTACHED Recording Cover Page This page added for the purpose of affixing Recording Information. Deed g Other UCC Plat 6 PY Remarks I- A 0 u 1 SCE jz,C‘e y C uLsA- Fs .e.. ll _ C)r, t � n CO "I* z1lcS26 GRANT OF EASEMENT THIS INDENTURE, made and entered into this :�,i1.'t1> day of O C- 7 0 L,C-/� , 2001, by and between Max McGraw Wildlife Foundation, 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 Twenty Two thousand dollars ($22 , 000) and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, Grantor does hereby grant and convey to the City a permanent easement for the construction and maintenance of a water line in, through and under the following described real property in the City of Elgin, County of Kane, State of Illinois, more particularly described as : PERMANENT EASEMENT NO. 1 - Exhibit "A" : A STRIP OF LAND 20 FEET IN WIDTH IN THE SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 36 AFORESAID, THENCE NORTH 2 DEGREES 23 MINUTES 40 SECONDS WEST, ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 36, A DISTANCE OF 66 . 00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED STRIP OF LAND; THENCE NORTH 87 DEGREES 36 MINUTES 20 SECONDS EAST, ALONG A LINE DRAWN 66 . 00 FEET (AS MEASURED PERPENDICULARLY) NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 36 AFORESAID, 652 . 24 FEET; THENCE SOUTH 1 DEGREE 10 MINUTES 10 SECONDS WEST, 66 . 13 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 36 AFORESAID; THENCE SOUTH 87 DEGREES 36 MINUTES 20 SECONDS WEST, ALONG SAID SOUTH LINE, 20 . 04 FEET; THENCE NORTH 1 DEGREE 10 MINUTES 10 SECONDS EAST, 46 . 09 FEET TO A POINT ON A LINE DRAWN 46 . 00 FEET (AS MEASURED PERPENDICULARLY) NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 36 AFORESAID; THENCE SOUTH 87 DEGREES 36 MINUTES 20 SECONDS WEST, ALONG SAID PARALLEL LINE, 630 . 95 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST 1/4 OF SECTION 36 AFORESAID; THENCE NORTH 2 DEGREES 23 MINUTES 40 SECONDS WEST, ALONG SAID WEST LINE, BEING A LINE DRAWN PERPENDICULAR TO THE LAST DESCRIBED LINE, 20 . 00 FEET TO THE HEREINABOVE DESIGNATED POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. AREA = 13 , 954 . 1 SQUARE FEET OR 0 . 3203 ACRES. PERMANENT EASEMENT NO. 2 - Exhibit "B" : Pave 1 of 5 After recording return to: Dolonna Mecum Elgin City Clerk 0'' 150 Dexter Court Elgin, IL 60120 2001 K 1 35526 A STRIP OF LAND 20 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 TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED STRIP OF LAND; 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; THENCE SOUTH 2 DEGREES 01 MINUTES 51 SECONDS EAST, 20 . 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, 1714 . 48 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 36 AFORESAID; THENCE NORTH 2 DEGREE 23 MINUTES 40 SECONDS WEST, ALONG SAID EAST LINE, BEING A LINE DRAWN PERPENDICULAR TO THE LAST DESCRIBED LINE, 20 . 00 FEET TO THE HEREINABOVE DESIGNATED POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. AREA = 34, 288 . 4 SQUARE FEET OR 0 . 7872 ACRES. Further, Grantor does hereby grant and convey to the City a temporary construction easement in, under and through the following described real property in the City of Elgin, County of Kane, State of Illinois, more particularly described as : TEMPORARY EASEMENT NO. 1 - Exhibit "A" : A STRIP OF LAND 30 FEET IN WIDTH IN THE SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 36 AFORESAID, THENCE NORTH 2 DEGREES 23 MINUTES 40 SECONDS WEST, ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 36, A DISTANCE OF 46 . 00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED STRIP OF LAND; THENCE NORTH 87 DEGREES 36 MINUTES 20 SECONDS EAST, ALONG A LINE DRAWN 46 . 00 FEET (AS MEASURED PERPENDICULARLY) NORTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 36 AFORESAID, 630 . 95 FEET; THENCE SOUTH 1 DEGREE 10 MINUTES 10 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED LINE, 46 . 09 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 36 AFORESAID- THENCE SOUTH 87 DEGREES 36 MINUTES 20 SECONDS WEST, ALONG SAID SOUTH LINE, 30 . 06 FEET; THENCE NORTH 1 DEGREE 10 MINUTES 10 SECONDS EAST, 16 . 03 Page 2 of 5 2001 K 135526 FEET TO THE POINT OF INTERSECTION WITH A LINE DRAWN 16 . 00 FEET (AS MEASURED PERPENDICULARLY) NORTHERLY OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 36 AFORESAID- THENCE SOUTH 87 DEGREES 36 MINUTES 20 SECONDS WEST, ALONG SAID PARALLEL LINE, 599 . 02 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST 1/4 OF SECTION 36 AFORESAID; THENCE NORTH 2 DEGREES 23 MINUTES 40 SECONDS WEST, ALONG SAID WEST LINE, 30 . 00 FEET TO THE HEREINABOVE DESIGNATED POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. AREA = 19, 381 . 5 SQUARE FEET OR 0 . 4449 ACRES. TEMPORARY EASEMENT NO. 2 - Exhibit "B" : 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 46 . 00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED STRIP OF LAND; 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; 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 EAST, ALONG SAID PARALLEL LINE, 1714 . 67 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 36 AFORESAID; THENCE NORTH 2 DEGREE 23 MINUTES 40 SECONDS WEST, ALONG SAID EAST LINE, BEING A LINE DRAWN PERPENDICULAR TO THE LAST DESCRIBED LINE, 30 . 00 FEET TO THE HEREINABOVE DESIGNATED POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS . AREA = 51, 437 . 3 SQUARE FEET OR 1 . 1808 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 any such road and any Page 3 of 5 a?1.1t1 ! K 135526 such landscaping are damaged as result of repair or maintenance of the water main provided for herein. 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. 4 . The City shall install a 2-inch tap within the easements provided for herein, which tap shall be installed at City's expense concurrent with the construction of the water line provided herein. 5 . If any damage occurs to the Brandt Drive roadway, adjacent property, or to the chain-link fence along the north side of the road, the City shall restore any such damaged property to its original condition. 6 . The temporary easements provided for herein shall expire on September 18, 2002 . The terms and conditions of this permanent and temporary easement shall be binding upon the Grantors and the City, and upon their heirs, executors, successors and assigns . Said temporary easement shall expire on Ak gus4— " , 2002 . V" ByMa: x McGraw Wildlife Foundati n By: Ed Schock, Mayor Attest: $V4hht • Dolonna Mecum, City Clerk Page 4 of 5 2001K 135526 • STATE OF ILLINOIS COUNTY OF -VOOK / a n e..) I, �t�thffrc� being a Notary Public, in and for said/ fp unt�', in he ate f aforesaid, DO HEREBY CERTIFY that d Pl1I t -�J �1 d-e�c-�— , personally known to me to be the same person whose name is (described to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act, for the use and purpose therein set forth. Given under my hand and official seal, this �c day of , 2001. My Commission expires: V/-2 // O 3 (S "OFFICIAL SEAL" SHARRON L.MONTGOMERY Notary Public, State of Illinois My Commission Expires 04/21!03 Sel-44'"(—A /- Notary Public STATE OF ILLINOIS COUNTY OF f'n6K ) I, Suellyn Losch , being 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 person whose name is described to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered the said instrument as his 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. My Commission expires: O p "L (SEAL) . ,_•, Ar ,gym,.n � .a.„a,, I r� OFFICIAL SEAL 1,14 ( �SI'41 SUELLYN LOSCH Not ry Public NOTARY PUBLIC. STATE OF ILLINOIS My Commission Expires Oct. 27, 2002 kv Page 5 of 5 2001 K 135526 ‘,;