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HomeMy WebLinkAbout02-388 Recorded Resolution No. 02-388 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT FOR SANITARY SEWER AND WATER MAIN PURPOSES FROM THE STATE OF ILLINOIS 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 and accept a grant of easement for sanitary sewer and water main purposes from the State of Illinois 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 easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois . s/ Ed Schock Ed Schock, Mayor Presented: December 18, 2002 Adopted: December 18, 2002 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk • - . ' FILED FOR RECORD ' ¶!(J HE CCUNIY. 'i.'_. 2003x 0 16483 2!fP, JAN 29 A`3 9: 15 EASEMENT 1i_ -) Prepared by and 1, , . RETURN DOCUMENT TO: William A. Cogley (NAME) City of Elgin (ADDRESS) - • ' 150 Dexter Court Elgin, IL 60120-5555 (RECORDERS USE ONLY) EASEMENT 1. I,Michael S. Schwartz, the Director of the Department of Central Management Services, acting on behalf of the People of the State of Illinois, and pursuant to the authority vested in me by Section 7 of the"State Property Control Act" do hereby grant and convey to the City of Elgin, '9 the Grantee, subject to the terms of this Grant, a perpetual and temporary construction easement as shown on Exhibit"A"with the right to erect, construct, install, and lay, and thereafter use, \.) '3 operate, inspect, repair,maintain, replace and remove sanitary sewer lines and water main 2. 2 improvements, and other appurtenances relating to the same, in, over, upon, under and across a certain parcel of land commonly known as the Elgin Mental Health Center property. 2. The Grantee shall have the right of ingress and egress over the subject premises for the purpose of constructing and maintaining said utility. 3. Grantee agrees to promptly repair and restore the premises to the same condition as existed immediately prior to the existence of such rights as is reasonably practicable and shall leave the premises free from debris. 4. Grantee agrees not to convey or assign this easement without the prior written consent of the Director of the Department of Central Management Services. 5. Grantee agrees to abide by any rules or orders affecting its use of this easement or subject premises which may be reasonably promulgated from time to time by the Department of Human Services. 6. In the event Grantee abandons the easement granted herein, or should said easement terminate for any other reason, Grantee shall restore the servient tenement as nearly as may be possible to the pre-existing condition. � nn \`b • PAGE TWO Easement granted to City of Elgin 7. In the event Grantee fails to comply with any term or condition of provision of this grant of easement, or in the event there is nonuse of the easement for a consecutive two (2) year period, the easement granted herein shall terminate and all right, title and interest of the Grantee herein to the servient tenement, excepting only the duty to restore as hereinabove provided, shall be extinguished IN WITNESS WHEREOF, I have placed ; hand and seal this instrument on the date indicated bell/ / 0/70-1, Mic ,- S. Schwartz r ' Date Director Department of Central Management Services - SEAL - .44,44.4444•040.•:••:-:•••:•44.:49.41 STATE OF ILLINOIS ) OFFICIAL SEAL CONSTANCE J. DISHON ) SS NOTARY PUBLIC, STATE OF ILLINOIS COUNTY OF SANGAMON) MY GAMMON EXPIRES 7.20.2005 +10444.ids****>i'+b+l'+k******** I, L15-1,0� C e �l „�. , a notary public in and for the said county do hereby certify that Michael S. Schwartz,Director of the Department of Central Management Services, appeared before me and acknowledged that he subscribed the foregoing instrument in his official capacity and with full authority to do so. Given under my hand and official seal this //4. day of %) A ,, }s. ( Lr / - LJJ Notary Public This instrument prepared by State of Illinois, Department of Central Management Services, Bureau of Property Management, 710 Stratton Office Building, Springfield, Illinois 62706. This transaction is exempt under the provision of Paragraph(e), Section 4, of the Real Estate Transfer Tax Act. APPROVED BY: epartment of Human Services Secretary l ate Accepted by the City of Elgin By: • Ed chock, Mayor Attest: City Clerk EXHIBIT A 30 FOOT SANITARY SEWER AND WATER MAIN EASEMENT THAT PART OF THE NORTH 1/40F SECTION 26, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTI-I LINE OF SAID SECTION 26, SAID POINT BEING 1,889.97 FEET EASTERLY OF THE NORTHWEST CORNER OF SAID SECTION 26; THENCE SOUTH 00 DEGREES 18 MINUTES 31 SECONDS EAST, 956.30 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 18 MINUTES 31 SECONDS EAST, 30.00 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 26 SECONDS EAST, 2,078.64 FEET TO THE CENTERLINE OF ILLINOIS STATE ROUTE 31; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT,HAVING A RADIUS OF 911.71 FEET,HAVING A CHORD BEARING OF NORTH 32 DEGREES 00 MINUTES 28 SECONDS EAST, AND HAVING AN ARC LENGTH OF 35.42 FEET;THENCE SOUTH 89 DEGREES 54 MINUTES 26 SECONDS WEST, 2,097.57 FEET TO THE. POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. TEMPORARY CONSTRUCTION EASEMENT THAT PART OF THE NORTH V2 OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF SAID SECTION 26, SAID POINT BEING 1,889.97 FEET EASTERLY OF THE NORTHWEST CORNER OF SAID SECTION 26; THENCE SOUTH 00 DEGREES 18 MINUTES 31 SECONDS EAST, 945.25 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 48 MINUTES 17 SECONDS EAST, 1,656.68 FEET; THENCE NORTH 00 DEGREES 05 MINUTES 34 SECONDS WEST, 35.99 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 26 SECONDS EAST, 468.86 FEET TO THE CENTERLNE OF ILLINOIS STATE ROUTE 31; THENCE SOUTHWESTERLY ALONG A CURVE TO THE RIGHT,HAVING A RADIUS OF 911.74 FEET,HAVING A CHORD BEARING OF SOUTH 29 DEGREES S MINUTES 43 SECONDS WEST, AND HAVING AN ARC LENGTH OF 57.28 FEET; THENCE SOUTH 89 DEGREES 54 MINUTES 26 SECONDS WEST, 2,097.57 FEET; THENCE NORTH 00 DEGREES 18 MINUTES 31 SECONDS WEST, 11.05 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. roon 11t3ccirder Not Responsible For Reproductions 2003K016483