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Home My WebLink About03-244 Recorded Resolution No. 03-244 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR WATER MAIN PURPOSES FROM AMCORE INVESTMENT GROUP, NA, TRUST 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 an easement agreement for water main purposes from Amcore Investment Group, NA, Trust No. 98-12995 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 agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois . s/ Ed Schock Ed Schock, Mayor Presented: September 10, 2003 Adopted: September 10, 2003 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk • 2rai2031{ I. 932CD7 SANDY WEGMAN RECORDER KANE COUNTY, IL RECORD ON 10/31/2003ED11:58AM This Instrument Prepared By and Return After REC FEE: 29.00 PAGES: 8 Recording to: William A. Cogley City of Elgin Legal Department 150 Dexter Court Elgin, IL 60120-5555 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made and entered into this MY", day of .. ?7)_a_, _, 2003 , by and between the City of Elgin, an Illinois municipal corporation, (hereinafter referred to as the "City") , and Amcore Investment Group, NA, Trust No. 98-12995, an Illinois corporation, (hereinafter referred to as the "Grantor" ) . WITNESSETH WHEREAS, Grantor owns the real property located in the City of Elgin, Illinois, legally described on Exhibit A and depicted as 20 foot utility easement on Exhibit B, attached hereto (such property hereinafter collectively referred to as the "Easement Premises" ) ; and WHEREAS, Grantor owns the real property located in the City of Elgin, Illinois, legally described on Exhibit C, POOR ORIGINAL Recorder Not Responsible For Reproductions attached hereto (such property hereinafter collectively referred to as the "Temporary Easement Premises" ) ; and WHEREAS, the parties have determined that it is in their best interests for Grantor to grant to the City an easement in the Easement Premises and a temporary construction easement in the Temporary Easement Premises pursuant to the terms and conditions of this Easement Agreement . NOW, THEREFORE, for and in consideration of Twelve Thousand Eight Hundred and No/100ths Dollars ($12 , 800 . 00) in hand paid to Grantor, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That Grantor hereby grants and conveys to the City of Elgin, an Illinois municipal corporation, a permanent and exclusive easement to install, construct, operate, use, maintain, repair, service, upgrade, replace or remove public utilities, including but not limited to a water main, and appurtenances relating thereto, in, through, under and upon the Easement Premises . 2 . That Grantor hereby also grants and conveys to the City a Temporary Construction Easement in and upon the Temporary Construction Easement Premises for the purposes of installation and construction of the aforementioned public utilities, - 2 - IL including but not limited to a water main in and upon the Easement Premises . Such Temporary Construction Easement shall terminate six (6) months after the date of final completion of the subject utilities, including but not limited to a water main and appurtenances relating thereto. 3 . That the 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 . 4 . That 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 conditions as existed immediately prior to the exercise of such rights as are reasonably practicable. 5 . That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all of the parties hereto. 6 . That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois . 7 . That it is understood and agreed that the City may utilize the services of third party contractors, employees or other agents to perform work in the Easement Premises . - 3 - 8 . That the Grantor hereby represents and warrants to w, the City it is the tee simple title holder of the Easement Premises and that it has the full power and authority to enter into and make the grant of easement as provided herein. 9. That this agreement shall be binding on the parties hereto, their successors and permitted assigns and shall run with the land. 10 . That this agreement shall be recorded by the City at the City' s cost with the Kane County Recorder. IN WITNESS WHEREOF, the parties have entered into and executed this Easement Agreement on the date and year first written above. CITY OF ELGIN, an Illinois AMCORE INVESTMENT GROUP, municipal corporation NA, TRUST By By _2Z) Mayor \ tt,,.,President c Attest: Atte City Clerk STATE OF ILLINOIS SS. COUNTY OF K A N E I, the undersigned, a Notary Public, in and for saidEd County, in the State aforesaid, do hereby certify that - 4 - Schack, Mayor, 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 of the uses arid purposes therein set forth. Given under my hand an official seal , this JJ day of y illip , 2003 . cgu -b - Notary Publ c c,� ��y-�s��ss��.•-ems "OFFICIAL SEAL" SUELLYN LOSCH Notary Public,State of Illinois STATE OF I Lh(INOI S My Commission Expires 10/27/06 UO l n it ,cyj ) S S. �ivFifi4fiFr�sEiF►§ti4fi �i > COUNTY OF -K A I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that a6n V nea7 '. $ 14d,en ,jenL President, is 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 of the uses and purposes therein set forth. Given under my hand an official seal, this ( / day of __ � usi 2003 . _ CA124A/ Notary Pug. is F:\Legal Dept\Agreement\Easement-Amcore•doc "OFFICIAL SEAL" CHERYL L. HENSON Notary Public, State of Illinois My Commission Expires 9/01/03 i • - 5 - • {' ' I • EXHIBIT 20.00 FOOT UTILITY EASEMENT • THAT PART OF THE NW 1/4 OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE 3RD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 7 IN BLOCK 16 IN SADLER'S ADDITION TO ELGIN, BEING A SUBDIVISION IN THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KANE COUNTY, ILLINOIS ACCORDING TO THE PLOT THEREOF RECORDED 111 MARCH 14, 1892 AS DOCUMENT NO. 44248; THENCE WESTERLY, ALONG THE WESTERLY EXTENSION OF THE SOUTHERLY UNE OR SAID LOT 7 TO THE WESTERLY LINE OF NORTH STATE STREET; SAID POINT OF INTERSECTION BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED STRIP OF LAND; THENCE SOUTHERLY, ALONG THE WESTERLY UNE OF NORTH STATE STREET, 165.16 FEET TO THE POINT OF INTERSECTION WITH THE NORTH UNE OF THESOUTH 6.0 CHAINS (396.00 FEET) OF SAID NW1/4 OF SECTION 11; THENCE WEST, ALONG SAID NORTH LINE, 20.92 FEET TO THE POINT OF INTERSECTION WITH A UNE DRAWN 20.00 FEET WESTERLY OF AND PARALLEL WITH THE AFORESAID WESTERLY UNE OF NORTH STATE STREET; THENCE NORTHERLY, ALONG SAID • PARALLEL UNE, 170.87 FEET TO THE POINT OF INTERSECTION WITH THE AFORESAID WESTERLY 111;:i • EXTENSION OF THE SOUTHERLY UNE OF LOT 7; THENCE EASTERLY, ALONG SAID WESTERLY EXTENSION, 20.00 FEET TO THEHEREIN ABOVE DESCRIBED POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. CONTAINS 3360 S.F. OR 0.0771 ACRES P.I.N. 06-011-101-002 .4. PI :ct ALVORD, BURDICK & HOWSON ENGINEERS CHICAGO SEPTEMBER 17, 2002 F' --4) ft 'SY- EXHIBIT . . t- r [L - 20.00' y y P.O.B. Q 7 �kEQ`(oH of. �f01' co - - LOT - Iss)tj ��Cr o Z o . :.- 16 Q � .. LOT 7 5 ` `' 30.00 F007 TEMPORARY `z P.0.8. CONSTRUCTION EASEMENT I F EASEMENOT UTILITY `��, RAZ/fR q -:;! jNUE f 79.43' --T/`` 16516' 170.87 /. LOT 6 BLOCK 17 31.38'—I / 0 20.92' \ SOUTH 6.0 CHAINS o NORTH LINE OF THE (396.00') OF THE NW 1/4 SEC 11-41-8 CO r� '� 11- 2 SOUTH UNE OF THE NW 1/4 OF SECTION 11.T41N, R8E ALVORD, BURDICK & HOWSON ENGINEERS CHICAGO SEPTEMBER 17, 2002 r `" i • . 1 i , on EXHIBIT 30.00 FOOT TEMPORARY CONSTRUCTION EASEMENT THAT PART OF THE NW 1/4 OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE 3RD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 7 IN BLOCK 16 IN SADLER'S ADDITION TO ELGIN, BEING A SUBDIVISION IN THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KANE COUNTY, ILLINOIS ACCORDING TO THE PLOT " THEREOF RECORDED MARCH 14, 1892 AS DOCUMENT NO. 44248; THENCE WESTERLY, ALONG THE WESTERLY EXTENSION OF THE SOUTHERLY LINE OR SAID LOT 7 TO THE POINT OF U INTERSECTION WITH A LINE DRAWN 20.00 FEET WESTERLY OF AND PARALLEL WITH THE . WESTERLY LINE OF NORTH STATE STREET; SAID POINT OF INTERSECTION BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED STRIP OF LAND: THENCE SOUTHERLY, ALONG SAID PARALLEL LINE, A DISTANCE OF 170.87 FEET TO THE POINT OF INTERSECTION WITH THE NORTH LINE OF THE SOUTH 6.0 CHAINS (396.00 FEET) OF SAID NW1/4 OF SECTION 11; THENCE WEST, ALONG SAID NORTH LINE, 31.38 FEET TO THE POINT OF INTERSECTION WITH A LINE DRAWN 50.00 FEET WESTERLY OF AND PARALLEL WITH THE AFORESAID WESTERLY ins, LINE OF NORTH STATE STREET; THENCE NORTHERLY, ALONG SAID PARALLEL LINE, 179.43 FEET TO THE POINT OF INTERSECTION WITH THE AFORESAID WESTERLY EXTENSION OF THE SOUTHERLY LINE OF LOT 7; THENCE EASTERLY, ALONG SAID WESTERLY EXTENSION, 30.01 FEET TO THE HEREIN ABOVE DESCRIBED POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. CONTAINS 5254 S.F. OR 0.1206 ACRES P.I.N. 06-011-101-002 I k i a A ` - - i •iii "- � ., ALVORD, BURDICK Sc HOWSON ENGINEERS CHICAGO is SEPTEMBER 17, 2002 F VI I 2003KI93207