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Home My WebLink About02-327 Recorded Resolution No. 02-327 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT FOR SEWER PIPELINE PURPOSES FROM THE VILLAGE OF SOUTH ELGIN 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 sewer pipeline purposes from the Village of South Elgin 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 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 25, 2002 Adopted: September 25 , 2002 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk lac• ..-41A1451162411".- U/W4"t1-64 " ; FOR RC ;O ► J tt i'cr 6 5-� 2 2'"�7 QCT j � Ekko FC11� 4 2002K12 GRANT OF EASEMENT TO THE CITY OF ELGIN FOR SEWER PIPELINE PURPOSES aJ 1\O VI I V J After recording return to: Dolonna Mecum Elgin City Clerk 150 Dexter Court Elgin, IL 60120 t 1 GRANT OF EASEMENT TO THE CITY OF ELGIN FOR SEWER PIPELINE PURPOSES THIS GRANT OF EASEMENT is made on F .ry . ICS ,2002 by THE VILLAGE OF SOUTH ELGIN, a municipal corporation, (referred to hereafter as the Grantor) to the City of Elgin an Tllinnic municipal corporation (referred to hereafter as the Grantee). WITNESSETH: WHEREAS, Grantor is the owner of the right of way commonly known as Umbdenstock Road, located within the Village of South Elgin, including the portion of Umdenstock Road which is depicted and legally described on the Plat of Easement attached hereto and made a part hereof as Exhibit A (such portion being hereafter referred to as Grantors Property); WHEREAS, Grantee is desirous of obtaining access to the Grantors Property to construct and install a sewer pipeline, and facilities incidental thereto (but not including any lift or pumping station), under and across the Grantors Property in order to provide for an extension of Grantees sewer system; and WHEREAS,the parties hereto desire that such Grant of Easement be made under the terms and conditions set forth below; NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants an easement to the Grantee, subject to the conditions hereafter set forth, under and across the Grantors Property described above for the uses and purposes set forth below and subject to the following conditions and limitations: Section 1: Grantor grants to Grantee a perpetual easement for the purpose of constructing, installing, inspecting, operating, repairing, maintaining and replacing a sewer pipeline and facilities incident thereto-but not a lift station or any other improvement that shall interfere with the safe and unimpeded conduct of traffic on Umdenstock Road-under and across Grantor's Property,as depicted on the Plat of Easement attached hereto and made a part hereof as Exhibit A. Section 2: The parties agree that all costs involved in the installation and maintenance of the sewer pipeline shall be borne by the Grantee or others as designated by Grantee, but in no event by the Grantor. Section 3: The parties agree that the maintenance of the sewer pipeline shall be the responsibility of the Grantee. Section 4: Grantee agrees that it shall indemnify and hold harmless Grantor from and for any and all claims for damages to real and personal property and injuries to or death suffered by persons by reason of the installation, maintenance, repair, or operation of the sewer pipeline. Section 5: Grantee agrees that it shall, at its sole cost and expense, cause Grantors Property to be restored, consistent with the scheduled improvement of Umbdenstock Road, to at least the condition in which it existed prior to the installation of the sewer pipeline, at such time as the initial construction of the sewer pipeline is completed, and Grantee agrees that it shall remove all debris caused by the installation, maintenance, repair, or operation of the sewer pipeline from Grantors Property. Section 6: This Easement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. This grant of Easement shall be recorded by the Grantee at the Grantee's cost with the Kane County Recorder. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement on the day and year set forth above. GRANTOR: GRANTEE: VILLAGE OF SOUTH ELGIN CITY OF ELGIN By: By:‘--Ze_c_01:_eZZ Village President Mayor ATTEST: _ VC-14-'1"Z M T Village Cl rk . GG ''q,y� City Clerk cc, — APRIL 20 Z 1897 />, ,c) ILL1N •� / Prepared by: Kal Rowen Concord Homes, inc . 1540 E. Dundee Road, Suite 350 Palatine, IL 60074 , WOODBRIDGE SOUTH PHASE EXHIBIT A IV REC. JANUARY 3, 1994 AS DOC. #94K000311 , I\ \ i II 1 352 d30 R I ~--NORTH LINE OF THE SW NORTH UNE LOT 170 44 y`� 1/4 OF SECTION 33-41-8 �i1V.00' POINT OF BEGINNING / N89 50 59 E NORTHEAST CORNER LOT 170 NE CORNER OF THE SW �. o Ai 1/Y Ll .L\.TIVIY .7,3-41—V 1 A LOT 170 0 a0 \\\ 0 I� LEGAL DESCRIPTION: aw jP1 THAT PART OF UMBDENSTOCK ROAD, IN SECTION 33, TOWNSHIP 41 `L N N'/,_n NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED \�Qn/ CN • w 03 AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER J O .\ O`Cf" CV OF LOT 170 IN MULBERRY GROVE — UNIT 2, BEING A SUBDIVISION `l, '\ _ 0 OF PART OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF SAID n1 �� O CO 0 0 SECTION 33, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY QJ ��' Z I 27, 2002 AS DOCUMENT NUMBER 2002K028977; THENCE NORTH 89 �� I/ o DEGREES 50 MINUTES 59 SECONDS EAST ALONG THE EASTERLY Ca JP QC ' 1.....1z EXTENSION OF THE NORTH LINE OF SAID LOT 170, 15.00 FEET TO AN IS)----LK/7(C1- \rL f I g j INTERSECTION WITH A LINE DRAWN 15 FEET EAST OF (AS MEASURED .c � f/ -o PERPENDICULAR TO) AND PARALLEL WITH THE EAST LINE OF SAID LOT \.,/ QC' 1 5 >o 170; THENCE SOUTH 01 DEGREES 04 MINUTES 20 SECONDS WEST �`J C�,�'• O W cc ALONG SAID LAST DESCRIBED PARALLEL LINE, 665.05 FEET TO AN 4J INTERSECTION WITH THE EASTERLY EXTENSION OF THE SOUTH LINE OF P 3 N SAID LOT 170, SAID LAST DESCRIBED SOUTH LINE BEING ALSO THE N i �� o N NORTH LINE OF MONTCLAIR DRIVE, HERETOFORE DEDICATED TO THE w a —, 0 CITY OF ELGIN FOR ROADWAY PURPOSES ACCORDING TO THE r,ix AFOREMENTIONED MULBERRY GROVE — UNIT 2; THENCE NORTH 88 0"' o cw a DEGREES 16 MINUTES 58 SECONDS WEST ALONG SAID EASTERLY w g o a EXTENSION OF THE SOUTH LINE OF LOT 170, 15.00 FEET TO THE z 1— at SOUTHEAST THEREOF; THENCE NORTH 01 DEGREES 04 MINUTES 20 7-11.,9 w o 0 SECONDS EAST ALONG THE EAST LINE OF LOT 170, 664.57 FEET TO [7"' I1 o 0 THE PLACE OF BEGINNING, IN KANE COUNTY, ILLINOIS. n o to W A o = o W LOT 170 oA TooON,.c.F�oO Wit" 2 C•0r PO 8 N£ S LOT 3 Ili (CIS ZCs Ca4 o 2 z 0 w Y C 1 LOT 2 W j o U VJ vQ o 2 0] N E Z TI cnW W 11,2 0 LOT 1 fof °° POOR ORIGINAL �0 D Recorder Not Responsible ► , 1 /SEiBANE SOUTHEAST SOUTH LINE LOT 170L T 170 For Reproductions CTI \___,_Bu11A1N0 /� DATE AUGUST 13,2002 MO NT CL.AIR pR\VE N88-1 600, ORDER NO:022216 PRO].NO:773 SURVEYING u FOR:CONCORD DEVELOPMENT CORPORATIONA-TFW Z PRO]].NAME MULBERRY GROVE MAPPING CcoyrigMOIFN Surveying&Mopping,Inc..2002. AN rights LAND SURVEYING•TOPOC'RAPNIC MAPPMG•CONSTRUCTION LAYOUT rated. Professional Deign Firn Registration 11.4-002793. 847-548-6600 FAX 548-6699