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Home My WebLink About03-182 Recorded f Resolution No. 03-182 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT FOR SANITARY SEWER PURPOSES FROM BAILEY DEVELOPMENT, L.L.C. (Bailey Parcel - Gifford Road) 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 purposes from Bailey Development, L.L.C. 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 plat of easement to be recorded in the office of the Recorder of Deeds of Cook County, Illinois . E: Schock, Mayor Presented: June 25, 2003 Adopted: Vote : Yeas Nays : Recorded: Attest : Dolonna Mecum, City Clerk y 11111111 111 I 11111 0 .. r Eugene"Gene" Moore Fee: $114.00 Cook County Recorder of Deeds t , Date: 08/20/2003 03:15 PM Pg: 0 PLAT -MN MN EN N N 1 NM M I-1 MI NE MN N- . S This Instrument Prepared by and Mail to After Recording: Donald B. Leist City of Elgin-Legal Department 150 Dexter Court Elgin, IL 60120-5555 GRANT OF EASEMENT et This Grant of Easement made and entered into as of this 8th day of January, 2003 by and between BAILEY DEVELOPMENT, L.L.C., an Illinois limited liability corporation (hereinafter referred to as "Grantor") and the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as the "City"). FMN A WITNESSETH PPMP For and in consideration of Ten Dollars ($10.00) in hand paid, the T • tual undertakings as contained herein and other good and valuable consideration, e receipt and sufficiency of which is hereby acknowledged, the parties hereto agree infra, ()flows: 1,4 1. The Grantor as the owner of the property legally described on Exhibit A ("Grantor's Property") does hereby grant to the City of Elgin, a municipal corporation, a permanent and exclusive easement to install, construct, operate, use, maintain, repair or replace a sanitary sewer line and appurtenances relating thereto in a portion of the Grantor's Property as legally described and depicted on the Plat of Easement attached hereto as Exhibit B (hereinafter referred to as the "Easement Premises"). 2. That Grantor shall not construct any buildings, structures or other physical improvements on the Easement Premises nor undertake any other activities which unreasonably interfere with the Easement Premises and the City's intended use thereof. 3. Following the exercise by the City of any easement rights granted herein, the City shall promptly repair and restore the Easement Premises to the same condition as existed immediately prior to the exercise of such rights as are reasonably practicable. RECORDING FEE, /1171 DATE i vle-o34P1ES _ OK BY 4. That this agreement shall be binding on the parties hereto and their respective successors and assigns and shall run with the land. 5. That this agreement shall be recorded by the City at Grantor's cost with the Recorder's Office of the county in which the Easement Premises are located. In Witness Whereof, the Grantor has executed this instrument on the date and year first written above. BAILEY DEVELOPMENT L.L.C., an Illinois limited liability corporation 7 /f By ` _ 7. s Nondorf, Manager Accepted by the City of Elgin, Illinois this y day of 9til , 2003. CITY OF ELGIN, an Illinois municipal corporation By .., ./fr.c.,d' . ayor Attest: P124?'-'€' "12.--e-i-t-k,-- City Clerk 2 STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) I, the undersigned, a Notary Public, in and for said County, in the State of Illinois, James Nondorf, the Manager of Bailey Development, L.L.C., personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. fiee7Given under my hand and official seal, this 2 &day of , 2003. Pi- 71,2„., Notary Public -1'q-7 STATE OF ILLINOIS ) SS '- '')to COUNTY OF KANE ) 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 for the uses and purposes therein set forth. 9u4kGiven under my hand and official seal, this 3'tQ day of , 2003. 0---Lte- 4L-Yagr.LJ "OFFICIAL SEAL" Not Public SUELLYN LOSCH Notary Public, State of Illinois /..1My Commission Expires 10/27106 i �� 1,4`a.`;:Er6--11.144- •-• ' • 4 "OFFICIAL SE• ' D• 41 N• , " UM #286885v4 4Notary - • , - of Illinois .a '.mmission Expires •. 105 7 . 3 EXHIBIT "A" GRANTOR'S PROPERTY LEGAL DESCRIPTION THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION THIRTY, TOWNSHIP FORTY-ONE NORTH, RANGE NINE, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF GIFFORD ROAD (SAID LINE BEING 30.0 FT. EAST OF THE PARALLEL WITH THE CENTER LINE THEREOF); WITH THE SOUTH LINE OF LOT TWO IN THE DIVISION OF SAID SECTION THIRTY (ANTE FIRE RECORDING); THENCE SOUTH 89 DEGREES 04 MINUTES 17 SECONDS EAST, BEING AN ASSUMED BEARING ON THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 723.03 THENCE SOUTH 01 DEGREES 47 MINUTES 37 SECONDS WEST ON A LINE PARALLEL WITH THE EAST LINE OF SAID GIFFORD ROAD, A DISTANCE OF 723.03 FEET; THENCE NORTH 89 DEGREES 04 MINUTES 17 SECONDS WEST ON A LINE PARALLEL WITH THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 723.03 FEET TO THE EAST LINE OF SAID GIFFORD ROAD; THENCE NORTH 01 DEGREES 47 SECONDS 37 MINUTES EAST ON THE EAST LINE OF SAID GIFFORD ROAD, A DISTANCE OF 723.03 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. P.I.N.: 06-30-400-012 y�4 e, 414 June 6, 2003 L 11" ' OP�� Oil �I 111 Oil .Lt N ;0 TO: Mayor and Members of the City Council vi FINANCIALLY STABLE CITYGOVERNMENT EFFICIENT SERVICES. FROM: David M. Dorgan, City Manager AND QUALITY INFRASTRUCTURE Haresh Modi, Civil Engineer SUBJECT: Acceptance of Grant of Easements for Constructing Public Sanitary Sewer Along Gifford Road PURPOSE The purpose of this memorandum is to provide the Mayor and Members of the City Council with information to consider the acceptance of easements for the purpose of constructing and maintaining public sanitary sewer. BACKGROUND Bailey Development, LLC, is the owner and developer of property located approximately 700 feet north of the intersection of Gifford Road and Spaulding Road along the East side of Gifford Road. The property is generally known as Concrete Specialties and is addressed as 1375 Gifford Road. The parcel number for the property is 06-30-400-012 . The First American Bank of Kane County, as a trustee, owns the property immediately south of subject property, with parcel number 06-30-400-011, also generally known as Graber property. The properties are zoned for commercial use . A location map depicting the two parcels is attached as Exhibit A. Currently, Concrete Specialties is served by a septic system as the public sanitary sewer terminates at Spaulding Road or 700 feet to the south. To serve the property with public sewer, the owner of Concrete Specialties will need to extend existing sanitary sewer along Gifford Road up to their property. Concrete Specialties is proposing to install an 8" sanitary sewer in an easement along their Gifford Road frontage and the Graber parcel . The easements are needed so that the developer can construct the sewer and the City can access, maintain, repair and replace completed sanitary sewer. In addition, a 50 feet wide temporary construction easement has been granted along the frontage of the Graber parcel (the Graber parcel is I Gifford Road Sanitary Sewer June 6, 2003 Page 2 undeveloped) . The sewer will also serve the Graber parcel in he future . Staff has received and reviewed executed mylar plats of easements for both properties . Copies of the three easements are attached herein as Exhibit B. Typically, any public sanitary sewer has to be constructed within public right-of-way. However, Gifford Road right-of-way is under Cook County jurisdiction and the county has resisted the location of utilities within their right-of-way. Concrete Specialties will have the easement agreements recorded at Cook County recorder' s office at his expenses . Recording of easements will facilitate acceptance of sanitary sewer by the City for maintenance. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . FINANCIAL IMPACT There is no cost to the City for the easements . All recording fees and costs for easements acquisition will be incurred by Bailey Development, LLC. LEGAL IMPACT None . ALTERNATIVES 1 . Accept the easements . 2 . Reject the easements . RECOMMENDATION It is recommended that the City Council consider acceptance of the temporary and permanent easements and authorize the staff to execute the easement agreements . Respectfully submitted for Council consideration. Attachment