HomeMy WebLinkAbout03-183 Recorded Resolution No. 03-183
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT
FOR SANITARY SEWER PURPOSES FROM FIRST AMERICAN BANK
(Graber 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 First American
Bank, not personally, but solely as successor trustee to First
American Bank of Kane County, as Trustee under Trust Agreement
Dated December 21, 1988 and Known as Trust No . K88-055 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 .
Ed Schock, Mayor
Presented: June 25 , 2003
Adopted:
Vote : Yeas Nays :
Recorded:
Attest :
Dolonna Mecum, City Clerk
111
IIII''1I JI l'I �. Fill IN
r r rrr a
Eugene"Gene" Moore Fee: $118.00
Gook County Recorder of Deeds
Date:08120/2003 03:18 PM Pg: 0
pLAT
03A / f �
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1300
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
This Grant of Easement made and entered into as of this 8th day of
January, 2003 by and between First American Bank, not personally, but solely as
successor trustee to First American Bank of Kane County, as Trustee under
Trust Agreement dated December 21, 1988 and known as Trust No. K88-055
(hereinafter referred to as "Grantor") and the City of Elgin, an Illinois municipal
orporation(hereinafter referred to as the "City").
F WITNESSETH
Pit, P For and in consideration of Ten Dollars ($10.00) in hand paid, the
"r /mutual undertakings as contained herein and other good and valuable consideration,
�r v the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree
MIs follows:
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
RECURDJNG FEE r
DATE 6/270.a ES
OK BY
•
the same condition as existed immediately prior to the exercise of such rights as are
reasonably practicable.
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.
Exoneration provision restricting any liability FIRST AMERICAN BANK, not
of First American Bank attached hereto is personally, but solely as successor
expressly made a part hereof. Trustee to First American Bank of
Kane County, under Trust Agreement
dated December 21, 1988, as Trust No.
a� V „I. ,�J ,►p K88-055
Atte t ��-I'll.�y'"
By: _ _____
Its:
Accepted by the City of Elgin, Illinois this 34 day of
, 2003.
CITY OF ELGIN, an Illinois municipal ,
corporation
Byi„_...e.
ayor
Attest:
I.--40.41)1,ir-,A) /1(,--e _AA4-1—_
City Clerk
2
•
STATE OF ILLINOIS )
E t j} ` OR ATE NOTARY
> SS ATTACHE°' HERETO
COUNTY OF )
I, ,e undersigned, a Notary Public, in .+ d for said County, in the
State of Illinois, a • hereby certify that , the
First American Bank - Trustee, personally known to me
to be the same person •.se name is s :scribed to the foregoing instrument,
appeared before me this day •. person d acknowledged that he/she signed and
delivered the said instrument as • / er free and voluntary act for the uses and
purposes therein set forth.
Given unde my hand and •fficial seal, this day of
, 200..
Notary Public
STATE OF ILLINOIS )
) SS
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.
Given under my hand and official seal, this a,s_ day of
.(A,07
, 2003.
1 �e�
Not Public
•�. .,• .-•%4:''VWFA4A.
"OFFICIAL SEAL"
SUELLYN LOSCH
Notary Public, State of Illinois
l My Commission Expires 10/27106 !•4,
• N.'r�r . .,.4,-414,W,•464-f.".."-'1.44.06n
#295697v1
3
STATE OF ILLINOIS )
) SS:
COUNTY OF KANE )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY
CERTIFY THAT JOSEPH J.DIVITTORIO personally known to me to be a Vice President of First
American Bank, an Illinois banking corporation, and MARILYN J. BLACK, personally known to
me to be an Assistant Vice President of First American Bank,and 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 severally acknowledged that as Vice President and Assistant Vice President said
corporation they signed the foregoing instrument of their own free and voluntary act and caused the
corporate seal of said corporation to be affixed thereto,pursuant to authority,given by the Board of
Directors of said corporation as their free and voluntary act,and as the free and voluntary act of said
corporation, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal, this 6TH day of March, 2003.
i . .
Notary Public
ONCI LUAL
JUMP Ma
NOMWISINUC•IMIN Q LOOM
waOr ON :014,411
Exculpation of Trustee
It is expressly understood and agreed by and between the parties hereto,
anything herein to the contrary notwithstanding,that each and all of the warranties,
indemnities, representations, covenants, undertakings and agreements herein made
on the part of the Trustee,while in form purporting to be the warranties,indemnities,
representations, covenants,undertakings and agreements of First American Bank as
said Trustee, are nevertheless each and every one of them,made and intended not as
personal warranties, indemnities, representations, covenants, undertakings and
agreements by First American Bank or any of its directors, officers, employees, or
shareholders or for the purpose or with the intention of binding First American Bank
or any of its directors,officers, employees,or shareholders personally but are made
and intended for the purpose of binding only that portion of the trust property
specifically described herein, and this instrument is executed and delivered by First
American Bank not in its own right,but solely in the exercise of the powers conferred
upon it as such Trustee, and no personal liability or personal responsibility is
assumed by nor shall at any time be asserted or enforceable by any person against
First American Bank or any of its directors, officers, employees, or shareholders on
account of this instrument or on account of any warranty,indemnity,representation,
covenant, undertaking or agreement of the Trustee in this instrument, all such
personal liability, if any, being expressly waived and released and any recovery
therefor being limited to the property hereby conveyed and the enforcement of
remedies under the documents and instruments creating, securing, or otherwise
governing the obligations secured by this instrument;provided howeverthis clause
shall not impair the enforceability or adversely affect the availability of any rights that
may otherwise be available to Mortgagee or the obligations.of any co-signer,
endorser, or guarantor of the obligations secured by this instrument; and provided
further,that the foregoing limitations on personal liability shall not impair the validity
of the indebtedness secured by Mortgagee's collateral or the lien or security interest
on the collateral or the right of Mortgagee as mortgagee or secured party to foreclose
and/or enforce rights against the collateral after default by the Mortgagor.Subject to
the foregoing,the warranties,indemnities,representations,covenants,undertakings
and agreements herein made on the part of the Trustee are made for the sole benefit
of Mortgagee, and no other person or persons, other that Mortgagee's successors or
permitted assigns, shall have any benefits, rights, or remedies by reason of such
warranties, indemnities, representations, covenants, undertakings and agreements
herein made on the part of the Trustee. Nothing herein shall be deemed to be a
waiver of any right which Mortgagee may have under sections 506(a),506(b), 1111(b)
or any other provision of the Bankruptcy Reform Act of 1978, as at any time
amended or reinstated, to file a claim for the full amount of the debt owing to
Mortgagee in the event Mortgagor or its beneficiary should become the subject of a
petition for bankruptcy or reorganization or to require that all collateral shall continue
to secure all of the indebtedness owing to Mortgagee in accordance with the
documents and instruments creating,securing,or otherwise governing the obligations
secured by this instrument.
F:\TRUST Shared Files\Trustdoc\LANDTRST EXCULPTNLTR
EXHIBIT "A"
GRANTOR'S PROPERTY LEGAL DESCRIPTION
THAT PART OF THE EAST HALF OF THE SOUTH EAST QUARTER OF SECTION
30, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL
MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A RAILROAD SPIKE IN
CONCRETE (SAID RAILROAD SPIKE BEING ON THE EAST LINE OF SAID
SOUTH EAST QUARTER 112.22 FEET SOUTH OF THE INTERSECTION OF SAID
EAST LINE WITH THE SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO,
MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY); THENCE
SOUTH 0 DEGREES ALONG THE EAST LINE OF SAID SOUTH EAST QUARTER,
1182.07 FEET TO THE CENTER LINE OF SPAULDING ROAD; THENCE NORTH
88 DEGREES 28 MINUTES 06 SECONDS WEST ALONG SAID CENTER LINE
1273.35 FEET TO THE CENTER LINE OF GIFFORD ROAD; THENCE NORTH 01
DEGREE 47 MINUTES 34 SECONDS EAST ALONG SAID CENTER LINE 1168.49
FEET; THENCE SOUTH 89 DEGREES 33 MINUTES 23 SECONDS EAST 1236.38
FEET TO A POINT 10.31 FEET NORTH OF THE POINT OF BEGINNING (AS
MEASURED ALONG SAID EAST LINE OF SOUTH EAST QUARTER); THENCE
SOUTH 0 DEGREES ALONG SAID EAST LINE 10.31 FEET TO THE POINT OF
BEGINNING, IN COOK COUNTY, ILLINOIS LESS AND EXCEPT THE
FOLLOWING:
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.: 06-30-400-011
. PLAT OF EASEMENT
FOR SANITARY SEWER
OVER
• t1E EAst mpp FEI'F a tNE TAi81 70.00 FEET a ThAT PART a 7NE FW4EIK OfiOlEEO PROP9ITY
1{ U1K AOAACEM w nE olron��1a[r aFaao eaw �q wy� }� [A
J Q DE 9M0 K W7 0411 004* MEEYgIBm PART:F01.L S 001ID AT SE M032(011Q140F R
yA[0_lOTT IlE OF i}pp IIOAD(21Art.!:
04 lK/910]040 fffT GfF Of MO PARM18'lIM D[f3111N1 I![
' 0YJM!1lalt Wf01103 srSITIO 1I5£400T MI OFNrJ100 0141*1011111 INE V LF0 LOT
•
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2*�IDE OT x7010 8120110 0) DI TAN Cr 47DECREES ~ES
READ A SAM Ip�NCR1141 2.A NII 200RES IEEE am I�MLLEL
WIT=
T 10 INE VEST
2*22 00A2 NORM Et D CIES R 0101$s7 NUM EAST
OBTPACE OE OI
WE EAST UNE OF SM WORD ROAD A DISTANCE Or 72103 FEET 70 1E POINT OT E OVEONO.ALL N COON
MM.ADM
•
GRAPHIC SCALE
_ ia POINT OF BEGINNING
(N Tan Sarni LNE CF LOT 2 N THE DM101 CF SEC.20-.1-E(ANIE ME RECOR0N0)
2 loth-Foo n •
�O f PER 0®RECdIDED AS DDG Na%2N395
11 , (S N04•Ir E 723.03•ASAOE)PER 00G,03.00201500)
4-1-3,x-
-XX-47.7.,V514, 1
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L 7.F1 7 4 u�,J{ "I.f
k . -'.�,} $1'T.' z$r'"1 i ` 20.00.20�SANITARY SEWER EASEMENT
,. 3 >ra .„ ,. s ,, r 2'� 1
F,� -}th- tM 1 q rrih^'`ti-°�"v�i ?r � HEREBY GRANTED
44
I 'i '�u,'F s k t 1 4 �+,9 yjD TO THE ar OF ELGIN
4,1,-;,-0, 4' �-0 ax '� P
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LOCATION MAP I
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N.T.S.
. .....) . I IRE EMXIEL TO SOWN URE OF LOT E
/N AE RMVP)USOI. OF SEC.304I1-0 E2
/ THE FENR2YN')PER DOC.NO.%2001505
`U //J 01 007N'1r 0 72107 PFR DOG NO 96201500)
00.00'
30.00'
APPARENT R.0.1.OFFORO RD
± GRADER PARCEL
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APPARENT RAIL SPA100R10 ROAD
1
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�CFNTEMRfE 7f 002L0016 P0.
• SPAULDING ROAD
•
Concrete Specialities
EXHIBIT B
1 of 3
J
PLAT • OF EASEMENT -
. FOR SANITARY SEWER
VAT PANT a x MI HI!a 110 60u1RFAfT a1M 70I a 7CCa0N 70.MM.N IIDIIK RUQ I a
la DM NaK7rM.Calan 0 OWNED AS MOM 1 ialita AT x O Cr
4140010 ROAD T101 x CDIluI1t a WOOD d4161Y 30.00 Male 373)=Pa
. OISPAA132DppDK MAO�70I/AA0Pala ON A 111E 30.30/3033 WO .I NO MUNCH I x/1D11ONK Or111(9010117 laNNW
•
4 . OMA IANE M fST EAST ►MWR MO
$l 10I Vela 1[a fA070 1111 301/11101a 4Y1 OpSpAAO1qq II MICE 0 A Pali
41.040 SND FAMAS.UNE 10 113 CFNRNIIE a SND 4AUDSO ROAO1 arm IIESH1LY AIWO x Cd1UUC
Or 3100 4AISDIO ROAD TO TIC PORT OF IEca11010.II COOK COMM WW1
I
GRAPHIC SCALE •
�. 500YM UNE a LOT 2 N 710E MISR*a SEG 30-44-I(ANTE FIRE RECORDING).ivionigi ! . PER DEW RECORDED AS DOC.N0.1620150/
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_--'--�(IN MI) -Th (s 6911.12-E 723.03'ASSUMED PER 000.N0.00261510)
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LOCATION MAP SOWN APROPERTYO9Rt.-SCRIBED w�500
9ET.3. / ///
1 (5 69M'12•W 72103 G PER BONO.96201595)
_I30.011 --III 20' SANITARY SEWER EASEMENT
I i -HEREBY GRANTED
TO THE CITY OF ELGIN
i
GRABER PARCEL
H Saar
1I.1,„ 0_0
'II'''•11 1
_ 1 ' I dl APPARENT RAW.4A0LpN 8010
•
1 pf
.50.., OI\ I ., �.CDYIFAL5IE OF SPAULDNG RD.
POINT OF BEGNNING SPAULDNG ROAD
OINT OP COMMENCEMENT -
Graber Property -
Permanent
EXHIBIT B
2 of
Chy
pg0/F'MlC
)N. . , . 1.41/4' z
ANY
lg N
SOUTH LINE OF LOT 2 IN THE DIVISION OF SEC. 30-41-9 N
cc
0 1236.38'
723.03' 483.34'
10.31'--7'.
30.01'
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N o QOELC Y E1 CEL N
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2.4 LL Q N
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723.03' o
in
60_00' o
30.00' 50' TEMPORARY CONSTRUCTION EASEMENT Z
I HEREBY GRANTED
1-
0
Q
w
• GRABER PARCEL
, 1 \ ,
•
' 50.00' of -oI
t �---
0.1 0.1
80.00' APPARENT R.O.W. SPAULDING ROAD (cFc:3i r9
1273.35'
SPAULDING ROAD - I -
•
CONCRETE SPECIALTIES ELGIN, ILLINOIS EASEMENT EXHIBIT
Graber Property -
Temporary
EXHIBIT B
3 of 3
•
EXHIBIT 'B'
PLAT OF EASEMENT
FOR SANITARY SEWER
OVER
RIOT PART OF ITE EAST HALF OF DTE SOUTHEAST QUARTER OF SECDON 30,TOTAISHIP Al NORTH,RANGE 9 EAST OF
RIE THIRD PRINCIPAL MERIAIN.DESCRIBED AS FOLCONS:BEGINNING AT THE INTERSECTION CF THE CENTERLINE OF
SPAULDING ROAD'RUH THE IENTEFL'IIE OF 0EFORD ROAD:THENCE EASTERLY 50.00 FEET ALING SAID CORER UNE OF
SPAT/LUNG ROAD TO A POINT 11 A UNE 50.00 FEET EAST OF AND PARNLD_TO THE CE0100I.NE OF SAID 66'FOSO
ROAD;TIERCE NORTHERLY ALONG SAID PARALLEL UNE TO THE 50010 LONE OF PROPERTY DESCRIED IN DEED
RECORDED AFAR_5,1998 AS DOCUMENT NUMBER 95261596.THENCE EASTERLY ALONG SAID SOUTH uNE TO A POINT
ON A UNE 70.00 FEET EAST OF AND PARALLEL TO THE CENT/CRUZ OF SAD GIFFOR0 ROAD.THENCE SOUTHER_Y
AWING SAID PARALLEL UNE TO TINE CENTERLINE OF SAID SPAULDING ROAD;THENCE NESTERLY ALONG THE CE TEWIIE
CF SND SPAOLDITTO ROAD TO THE PIAT OF BEGINNDIG,RI COON COUNTY,'ALAIES.
N
II
GRAPHIC SCALE
SWIH UNE Oi LOT 2 N THE C'RSlE1 GF SEC 30-41-9(ANTE FIRE RECORDING)
I�-� °a "° PER ILIAD RECORCFD AS DOC NO 95261596
(DI FEET) I IS 89E4'17'E 723.03'ASSUMED PER DUO NO 562615961
1 Inch..100 IL
30.00_
�+,4l nl Jr: • P
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:GOTH UAlOCATION MAP r/� NE OF PROPENT1'DECCREEL/ DEED
N.T.S. / RECORDED APRIL A.1996 AS DOC.NO 96261596
/ i ;II 8900'17'W 723 U3'PET'OUC NO 96761595)
II
60 CO'
30 DO' I I 20' SANITARY SEWER EASEMENT
I HEREBY GRANTED
TO THE CITY OF ELGIN
E I
1.
GRABER PARCEL
i I _ I 7000'
i II
1 21 0.00,
1- $I APPARDJII R OM SPAULDING ROAD
: II ^I
1
g Doo 1
-CET.T'WLN1E OF SPAULDING R0.
I
.I
ki
� \--POINT OF BEGINNING SPAULDING ROAD
$ POINT OF COMMENCEMENT
1.
is
a
J •
GENERAL.N01F$
i I SITS SJRVEY IS SUBJECT TO MATTERS OF TITLE N'HICH UAE GE
RESEALED BY A CURRENT RILE REPORT
d 2 DISTN.CES ARE MARKED R1 FEET ANL DECIMAL PLACES THEREOF.
FA 3 110 004013111:HALL is ASSUMED DT SCALE MEASUREMENT HEREON
♦.THERE MOO BE ADDITIONAL TERMS,PVAER5 PRONOUNS ANT
JN:TATDIIS CONTAINED IN AN ABSTRACT GLEE.LOCAL ORDINANCES.
i DEEDS,TRUSTS.COVENANTS OR OTHER INSTRUMENTS CF RECORD
5.C0'APAPE ALL POINTS BEFORE DALALSG ON SAME AND IMLIEIATELr
REPORT MY DISCREPANCIES