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Home My WebLink About02-261 Resolution No. 02-261 RESOLUTION AUTHORIZING EXECUTION OF A RELEASE OF EASEMENT FOR SANITARY SEWER PURPOSES (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 Release of Easement for sanitary sewer purposes 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 Release of Easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois . s/ Ed Schock Ed Schock, Mayor Presented: July 10 , 2002 Adopted: July 10, 2002 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk r77, LLUi '2 0 0 2 K 0 8 9 9 9 8 2a12 JUL 22 MI II: 3C • DRAFT 4/3/02 RAGREE/EASEMENT.RE3 RECORDER This Instrument Prepared by and Return After Recording to: William A. Cogley Corporation Counsel City of Elgin i150 Dexter Court Elgin IL 60120-5555 RELEASE OF EASEMENT For and in consideration of the sum of Ten Dollars ($10 . 00) , in hand paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Elgin, an Illinois municipal corporation, as the successor in interest to the Fox River Water Reclamation District, formerly known as the Sanitary District of Elgin, Illinois, a municipal corporation of Kane and Cook Counties, State of Illinois, does hereby release all right , title and interest to that certain easement dated May 8 , 1971 , and recorded June 10, 1971 as Document Number 1193488 , originally granted by John C. Friedland and Evelyn N. Friedland to the Sanitary District of Elgin for the property 3 legally described on Exhibit "A" attached hereto and made a part hereof by this reference . It is further stated that this Release of Easement shall not effect , alter, release or abrogate in any fashion the Grant of Easement from the Windsor Development Corporation /7 to the City of Elgin recorded on June 21 , 2001 , as Document Number 2001K059795 . Dated this NA day of AP7 , 2002 CITY OF ELGIN, a municipal corporation BY _ layor Attest : i44hVs"-Q_ City Clerk STATE OF ILLINOIS ) SS . COUNTY OFKANE 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 of the uses and purposes therein set forth. Given under my hand an official seal, this /9'4( 1 day of , , 2002 . 2 /- OFFICIAL SEAL Nowary Punlic SUELLYN LOSCH NOTARY PUBLIC, STATE OF ILLINOIS • My Commission Expires Oct. 27, 2002 x.c—v.v Nt7—ii,r Ntr NiF—k? (9- • • EXHIBIT "A" • A 10.0 FOOT WIDE SANITARY SEWER.EASEMENT (PER DOCUMENT NO. 1193488 AS RECORDED IN THE RECORDERS OFFICE OF KANE COUNTY. ILLINOIS) OVER PART OF THE WEST HALF OF SECTION 10. TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN. THE CENTER UNE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON, E EAST LINE OF THE SOUTHWEST QUARTER.OF SAID SECTION 10 THAT IS 70.0 FEET NORTHERLY OF (MEASURED ALONG SAID EAST'UNE) THE NORTH LINE OIC ROPERTY OWNED BY SCHOOL DISTRICT NO. U-46; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE. WHICH FORMS AN ANGLE OF 70 DEGREES 39 MINUTES MEASURED FROM SOUTH TO WEST WITH THE EAST UNE OF THE SOUTHWEST QUARTER OF SAID SECTION 10;A DISTANCE'OF- 107.63 FEET; THENCE NORTHWESTERLY, ALONG•SAID CENTER UNE, WHICH FORMS AN ANGLE OF 50 DEGREES 03 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE. A DISTANCE OF 147.95 FEET; THENCE NORTHWESIERLY. ALONG SAID CENTER LINE, WHICH FORMS AN ANGLE OF 18 DEGREES 26 MINUTES 30 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 179.80 FEET; THENCE SOUTHWESTERLY, ALONG SAID CENTER.UNE WHICH FORMS AN ANGLE OF 89.DEGREES 58 MINUTES TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE. A DISTANCE • OF•329.20 FEET; THENCE SOUTHWESTERLY. ALONG SAID CENTER UNE. WHICH FORMS AN ANGLE OF 9 DEGREES 38 MINUTES TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 125.10 FEET TO THE EASTERLY RIGHT OF WAY UNE OF WING STREET FOR THE TERMINUS OF THE CENTER UNE OF SAID 10.0'FOOT WIDE SANITARY SEWER EASEMENT, BEING SITUATED IN THE CITY OF ELGIN, KANE COUNTY. IUJNOIS. • • • • • • • POOR ORIGINAL Recorder Not Responsible For Reproductions • 2002K889998 ,0 OF City of Elgin Agenda Item No. h(1 • GLkifp. June 21, 2002 I ' N J 0 5 QUALITY HOUSING TO: Mayor and Members of the City Council FROM: Olufemi Folarin, Interim City Manager SUBJECT: Windsor' s Village Green-Release of Easement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the acceptance of a "Quit Claim Deed and Easement Assignment" from the Fox River Water Reclamation District in Favor of the City Of Elgin, and a "Release of Easement" from the City Of Elgin to Windsor Development corporation. BACKGROUND Windsor Development Corporation (WDC) is the current owner and developer of the "Village Green-Elgin" , a senior citizen housing project on 801 N. McLean. In order to build the project, a section of an existing sanitary sewer across the property had to be relocated (see exhibit A for a site map showing the relocated sanitary sewer) . WDC provided a sanitary sewer easement to the City of Elgin, recorded on June 21, 2001, to facilitate access for maintenance of the relocated sanitary sewer. Due to the restrictions that an easement places upon the use of the land, WDC requests that the City of Elgin release the original easement recorded on June 10, 1971 (see exhibit B for location) . This document was between John C. Friedland and Evelyn N Friedland as Grantor and dedicated to the Sanitary District of Elgin, now known as the Fox River Water Reclamation District (FRWRD) . The City of Elgin took over ' ownership and maintenance responsibilities (in 1991) of the sanitary sewer interceptor across the property in question. FRWRD does not object to providing a quit claim and easement assignment to the City of Elgin, giving the City the rights over the Friedland' s Easement . With WDC' s updated rsanitary easement to cover the sanitary sewer interceptor routing, the original easement is no longer necessary. Attached as Exhibit . . erb. Windsor' s Village Green-Release of Easement June 21, 2002 Page 2 C is the "Quit Claim Deed and Easement Assignment" and as Exhibit D is the "Release of Easement" documents. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Fox River Water Reclamation District Windsor Development Corporation 71 ..FINANCIAL IMPACT The plat will be returned to Windsor Development Corporation for proper recording at Kane County. Windsor will provide recording information to the City in conjunction with their occupancy permit . There will be no cost to the City. LEGAL IMPACT kliWNone. eft ALTERNATIVES 1. Accept the "Quit Claim Deed and Easement Assignment" and the "Release of Easement" as presented. 2 . Accept the "Quit Claim Deed and Easement Assignment" but do not accept the "Release of Easement" . This alternative will create a burden on WDC since the easement is in conflict with the proposed building at 801 N. McLean. 3 . Do not accept the "Quit Claim Deed and Easement Assignment" without which the City of Elgin can not process the "Release of Easement" . This alternative will create a burden on WDC since the easement is in conflict with the proposed building on site. RECOMMENDATION It is recommended that the City Council approve the acceptance of "Quit Claim Deed and Easement Assignment" from Fox River Water Reclamation District, and the "Release of Easement" to WDC and authorize the Mayor to execute. Respectfully submitted, eft tlis , Olufemi Fs 'az-in '' 'Ibas...""• Interim Ci'yaer OS do Attachments m '7_ s. or ni . — roar »w • Exhibit A eft 0,- • . .. a �� ,• \a in m Relocated SanitarySewer \ ,� And .3-111•.4 ` Alik, * ® `. � Proposed BuildingLayout t1/4 't A . '''� Y 2 .ot,a a 1r 1110.764.10 7,14.arr 1000 GAL ' TOR , ww76z11 CREASE PROP. 24 LF-6" D.I.P. Vim SAN. SEWER 0 1.00X,4, • PROP. 8' INV. r.. 0• _ ELEV.•785.00 ,- 8` ' ELEV..785.00 11/ 5.-"SC:114:# • 7610 1 76sso 4- a ,,t . ,4:#- „..00.-Vit -- "- et? - ''' : : . 11041 IaLv...7SS.74 __to jomiAvireol,, '„ 0 , u fM L 24.doABANiDO► 8• NV %*_ SEE SHEET 8 FOR OEiA Y (73.PM 1011-M. W AP' 11M2:141NrK �•�wt �.—^� e N. ' ISII IA% 41) .' . . . VI ,O �` for a>sµ1.778.0 wrra arc w.na-Ao Allik*OS.. el MS '. 0 / ,1 ,m pe \. .. • 40 t... i .7 PROP. 8`-45 BEND e,2 Wj THRUST BLOCK ' 0 4:1 / ..0 .. • \ .- . ..i0 %RED END SECTION EX' waiverMANHOLE /1� •781.00 RIM ELEY..781.30 /,V 24.51V. INV, E4EV..770.75 i(/ SHOT ROCK AT EMD Z+•NE. INV. 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