HomeMy WebLinkAbout03-245 Recorded Resolution No. 03-245
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
FOR WATER MAIN PURPOSES FROM FOX 2000, L.L.C .
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 Fox 2000, 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 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
2031-G 1 9328
SANDY WEGMAN
RECORDER
KANE COUNTY, IL
This Instrument Prepared RECORDED ON
By and Return After 10/31/2003 11:58AM
Recording to: REC FEE: 31.00
William A. Cogley PAGES: 10
City of Elgin
Legal Department 1�
150 Dexter Court
Elgin, IL 60120-5555
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made and entered into this
1/1*day of Q -. , 2003 , by and between the City of
Elgin, an Illinois municipal corporation, (hereinafter referred
to as the "City" ) , and FOX 2000, L.L.C. , an Illinois limited
liability company(hereinafter referred to as the "Grantor" ) .
WITNESSETH
WHEREAS, Grantor owns the real property located in the
City of Elgin, Illinois, legally described on Exhibits A-i and
A-2 and depicted as 20 foot utility easements on Exhibits B-1
and B-2 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 Exhibits C-i and C-
2 and depicted as 30 foot temporary construction easements on
Exhibits B-1 and B-2 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 easements
in the Easement Premises and temporary construction easements in
the Temporary Easement Premises pursuant to the terms and
conditions of this Easement Agreement.
NOW, THEREFORE, for and in consideration of Forty
Eight Thousand Nine Hundred Dollars ($48, 900) 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,
0
•
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 Temporary Construction Easements in and upon the Temporary
Construction Easement Premises for the purposes of installation
and construction of the aforementioned public utilities,
including but not limited to, a water main in and upon the
Easement Premises. Such Temporary Construction Easements shall
terminate thirty (30) days after the date of final completion of
construction of the Water Main.
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.
8. That the Grantor hereby represents and warrants to
the City it is the fee 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.
- 2 -
•
CITY OF ELGIN, an Illinois FOX 2000, L.L.C. an Illinois
municipal corporation limi -d liabilit co y
By '222,Z2:...e.:,e-r//,/-r !i___ By Cf .
Mayor George Cibula, Jr. , Manager
Attest: Attest:
{� /
City Clerk Secretary
STATE OF ILLINOIS )
SS.
COUNTY OF K A N E
I, the undersigned, a Notary Public, in and for said
County, in the State aforesaid, do hereby certify that Ed
Schock, 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 and purposes therein set forth.
Given under my hand an official seal, this i4M day
of czi , 2003 .
cgait4t. k
Notary Pul3lic
���� •y.+Ei�S+���Si.+y4^nfi.if
f "OFFICIAL SEAL"
SUELLYN LOSCH
Notary Public,State of Illinois
/. My Commission Expires 10127/06 �s
- 3 -
STATE OF ILLINOIS
) SS.
COUNTY OF -21 1 E
I, the undersigned, a Notary Public, in and for said
Cowity, in the, State aforesaid, do hereby certify that
, 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 , 2003 .
(20- ce I .01
Notary Public
F:\Legal Dept\Agreement\Easement-Fox LLC.doc
"OFFICIAL SEAL"
CATHY RADEK
Notary Public, State of Illinois
My Commission Expires 11/21/2004
- 4 -
EXHIBIT
20.00 FOOT UTIUTY EASEMENT
THE NORTHEASTERLY 20.00 FEET, MEASURED PERPENDICULARLY OF THE FOLLOWING
DESCRIBED TRACT:
THAT PART OF THE SOUTHWEST 1/4 OF THE NORTH EAST 1/4 OF SECTION 32, TOWNSHIP 42
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING
AT THE SOUTH WEST CORNER OF SAID NORTH EAST 1/4; THENCE NORTHERLY, ALONG THE
WEST UNE OF SAID NORTH EAST 1/4, A DISTANCE 612.60 FEET TO THE SOUTHERLY RIGHT OF
WAY LINE OF THE NORTH WEST TOLL HIGHWAY; THENCE SOUTHERLY, ALONG SAID SOUTHERLY
RIGHT OF WAY UNE, WHICH FORMS AN ANGLE OF 59 DEGREES, 58 MINUTES, 0 SECOND MEASURED -
COUNTER CLOCKWISE FROM THE WEST UNE OF SAID NORTH EAST 1/4, A DISTANCE OF 1017.29
FEET; THENCE SOUTHERLY, PARALLEL WITH THE WEST UNE OF SAID NORTH EAST 1/4, A
DISTANCE OF 104.47 FEET TO THE SOUTH LINE OF SAID NORTH EAST 1/4; THENCE WESTERLY,
ALONG SAID SOUTH UNE, 880.85 FEET TO THE POINT OF BEGINNING; IN KANE COUNTY, ILLINOIS
CONTAINS 20,345 S.F OR 0.47 ACRES
P.I.N. 03-32-200-017
ALVORD, BURDICK & HOWSON
ENGINEERS CHICAGO
SEPTEMBER 17, 2002
EXHIBIT
20.00 FOOT UTILITY EASEMENT
THE NORTHEASTERLY 20.00 FEET(MEASURED PERPINDICULARLY) OF THE FOLLOWING
DESCRIBED TRACT:
THAT PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP
42 NORTH. RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN. DESCRIBED AS FOLLOWS:
• COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHEAST 1/4; THENCE NORTHERLY,
ALONG THE WEST UNE OF SAID NORTHEAST 1/4, A DISTANCE OF 612.60 FEET TO THE
SOUTHERLY RIGHT OF WAY LINE OF THE NORTHWEST TOLL HIGHWAY; THENCE SOUTHEASTERLY,
ALONG SAID SOUTHERLY RIGHT OF WAY UNE, WHICH FORMS AN ANGLE OF 59 DEGREES,
58 MINUTES, 0 SECONDS MEASURED COUNTER-CLOCKWISE FROM THE WEST UNE OF SAID
NORTHEAST 1/4, A DISTANCE OF 1017.29 FEET FOR THE POINT OF BEGINNING; THENCE
SOUTHERLY, PARALLEL WITH THE WEST UNE OF SAID NORTHEAST. 1/4, A DISTANCE OF
104.47 FEET TO THE SOUTH UNE OF SAID NORTHEAST.1/4; THENCE EASTERLY ALONG SAID
SOUTH•UNE TO THE SOUTHERLY RIGHT OF WAY LINE OFTHE NORTHWEST TOLL HIGHWAY;
THENCE NORTHWESTERLY ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING; IN
KANE COUNTY, ILLINOIS
CONTAINS 3721 S.F. OR 0.0854 ACRE
P.I.N. 03-32-200-016 '
•
ALVORD, BURDICK & HOWSON
ENGINEERS CHICAGO
SEPTEMBER 17, 2002
EXHIBIT
•
wil y •��!!!!!!!!I'' y S STq
h.
59 1111111 %... 4eve!I ! o<
<W !!—i
Z '�Oz. 4'07,
yc
S@ 30.0 FOOT TEMPORARY 1!111 `+— �`cfbet4'�l•)y
N� !CONSTRUCTION EASEMENT lir �_� �9y — 34.65
i!!!�
-
20.0 FOOT UTILITY EASEMENT— 1i11�__ 23.1'
l (!1!!r!!—�//.. —598'00'
P 1017.29 !!ilpj���. ?
1017.29 —. it1 \ kins,
\\:".. 880.85' DEED - 181.10'
SOUTH LINE OF SW 1/4 OF NE 1/4 SEC 32-42-8
104.47' DEED
P.O.B. SWX OF NW 1/4 UNE DRAWN PARALLEL
SEC 32-42-8 WITH THE WEST UNE
OF THE NE 1/4
SEC 32-42-8
P.I.N. 03-32-200-017
ALVORD, BURDICK & HOWSON
ENGINEERS CHICAGO
- SEPTEMBER 17, 2002
1
. •
EXHIBIT
•
•
/40A,
'Yrs-
1-414%
..Seto
Ntro 414%
bi 4,
caS
ot-
• 14, -v" 4)-
- •c4lbri 4.14- 34.65'
6 :II 23.1'
P.O.B.
5958s0Cr •
880.85DEED . fi
SOUTH LINE OF SW 1/4 OF NE 1/4 SEC 32-42-8 181.10'
LINE
P.O.C. SWX OF NE- 1/4 DRAIIEWNYIESPTARALLUNEEL
SEC 32-42-8 OF THE NE 1/4
SEC 32-42-8
93.55'-
30.0 FOOT TEMPORARY
• CONSTRUCTION EASEMENT—
_ 162.90'-
20.0 FOOT UTILITY EASEMENT—
KIK 03-32-200-016
ALVORD, BURDI •,, "
ENGINEERS CHICAGO
SEPTEMBER 17, 2002
. EXHIBIT
30.00 FOOT TEMPORARY EASEMENT
THE SOUTHWESTERLY 30.00 FEET (EXCEPT ANY PART OF THE EXISTING BUILDING LYING
SAID 30.00 FEET) OF THE NORTHEASTERLY 50.00 FEET (BOTH MEASURED PERPENDICULARLY)
DESCRIBED AS FOLLOWS:
•
THAT PART OF THE SOUTHWEST 1,/4 OF THE NORTH EAST 1/4 OF SECTION 32, TOWNSHIP 42
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING
AT THE SOUTH WEST CORNER OF SAID NORTH EAST 1/4; THENCE NORTHERLY, ALONG THE
WEST LINE OF SAID NORTH EAST 1/4, A DISTANCE OF 612.60 FEET TO THE SOUTHERLY RIGHT
OF WAY UNE OF THE NORTH WEST TOLL HIGHWAY; THENCE SOUTHERLY, ALONG SAID SOUTHERLY
RIGHT OF WAY LINE, WHICH FORMS AN ANGLE OF 59 DEGREES, 58 MINUTES, 0 SECONDS
MEASURED COUNTER CLOCKWISE FROM THE WEST LINE OF SAID NORTH EAST 1/4, A DISTANCE
OF 1017.29 FEET; THENCE SOUTHERLY, PARALLEL WITH THE WEST LINE OF SAID NORTH EAST
1/4, A DISTANCE OF 104.47 FEET TO THE SOUTH LINEOF SAID NORTH EAST 1/4; THENCE
WESTERLY, ALONG SAID SOUTH.UNE, 880.85 FEET TO THE POINT OF BEGINNING; IN KANE
COUNTY, ILLINOIS
CONTAINS 30,518 S.F OR 0.70 ACRES
P.I.N. 03-32-200-017
rj'
•
t.
- ALVORD, BURDICK & HOWSON
ENGINEERS CHICAGO
SEPTEMBER 17, 2002
•
EXHIBIT
30.00 FOOT TEMPORARY CONSTRUCTION EASEMENT
THE SOUTHWESTERLY 30.00 FEET OF THE NORTHEASTERLY 50.00 FEET, ALL MEASURED
PERPENDICULARLY, OF THE FOLLOWING DESCRIBED TRACT:
THAT PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP
42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHEAST 1/4; THENCE NORTHERLY,
ALONG THE WEST LINE OF SAID NORTHEAST 1/4, A DISTANCE OF 612.60 FEET TO THE
SOUTHERLY RIGHT OF WAY UNE OF THE NORTHWEST TOLL HIGHWAY; THENCE SOUTHEASTERLY,
ALONG SAID SOUTHERLY RIGHT OF WAY LINE. WHICH FORMS AN ANGLE OF 59 DEGREES,
58 MINUTES, 0 SECONDS MEASURED COUNTER-CLOCKWISE FROM THE WEST UNE OF SAID
NORTHEAST 1/4, A DISTANCE OF 1017.29 FEET FOR THE POINT OF BEGINNING; THENCE
SOUTHERLY, PARA!!FL WITH THE WEST UNE OF SAID NORTHEAST 1/4, A DISTANCE OF
104.47 FEET TO THE SOUTH LINE OF SAID NORTHEAST 1/4; THENCE EASTERLY ALONG SAID
SOUTH LINE TO THE SOUTHERLY RIGHT OF WAY UNE OF THE NORTHWEST TOLL HIGHWAY;
THENCE NORTHWESTERLY ALONG SAID SOUTHERLY LINE TO THE.POINT OF BEGINNING; IN
KANE COUNTY, ILLINOIS -
CONTAINS 3846 S.F. OR 0.0883 ACRE
P.I.N. 03-32-200-016
•
•
ALVORD, BURDICK & HOWSON
• ENGINEERS CHICAGO
SEPTEMBER 17, 2002
2003KIg1208
I �
,cy OF F�C
Agenda Item No.
- City of Elgin
or!' 0
August 22, 2003 G r-0
I
N
TO: Mayor and Members of the City Cou ci kt� �..
FINANCIALLY STABLE CITY GOVERNMENT
EFFICIENT SERVICES,
R 1/ AND OUAUTY INFRASTRUCTURE
FROM: David M. Dorgan, City Manager rl
Larry E. Deibert, Director of he Water Department
SUBJECT: Acquisition of Water Main Easement with Fox 2000 LLC.
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider
authorizing the purchase of a water main easement with Fox 2000
LLC.
BACKGROUND
rft.
At the Committee of the Whole Meeting on May 22, 2002, the City
Council authorized an agreement between the City of Elgin and
Alvord Burdick & Howson to provide engineering services in
connection with water main projects which includes the design
for the Fox Lane Water Transmission Main Project . This 20-inch
transmission main will begin at the recently completed Fox Lane
Booster Station and proceed approximately 4 , 500 feet west to
Randall Road at the intersection with I-90 . This water main was
recommended in the West Booster District Water Master Plan
Update of 2000 .
The attached easement agreement with Fox 2000 LLC provides for
the acquisition of a portion of their property to construct a
20-inch water main. An appraisal for this easement was
conducted by Neil Steffens & Assoc. , Ltd. The cost for the
purchase of both the permanent and temporary construction
easement is $48, 900 which has been accepted by Fox 2000 LLC.
►- -
ACQUISITION OF WATER MAIN EASEMENT
August 22, 2003
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Fox 2000 LLC
\ FINANCIAL IMPACT
The cost for the easement is $48, 900 . Due to the fact that the
Fox Lane Pumping Station project came in under budget by
approximately $465, 000, money is available in that project
account for the purchase of this easement . Sufficient funds are
available within the Water portion of the 2002 General
Obligation Bond Sale, under Fox Lane Booster Pump, account
number 382-4000-795 . 92-41 ($900, 000 budgeted, $433, 210
available) , project number 409546 .
LEGAL IMPACT
None.
rALTERNATIVES
1 . The Council may accept the easement agreement and authorize
the payment .
2 . The Council may choose not to enter into this agreement .
RECOMMENDATION
It is recommended that the City Council accept the easement
agreement with Fox 2000 LLC. and authorize the payment of
$48, 900 . 00 for this easement .
Respectfully submitted for Council consideration.
DMD:LED:PLB
Attachment