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Home My WebLink About03-285 Recorded Resolution No . 03-285 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT FOR SANITARY SEWER PURPOSES FROM FLETCHER M.O.B . ASSOCIATION, LLC (745 Fletcher Drive) 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 Fletcher M.O.B. Association, LLC 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 grant of easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois . s/ Ed Schock Ed Schock, Mayor Presented: October 22 , 2003 Adopted: October 22 , 2003 Omnibus Vote : Yeas : 6 Nays : 0 Recorded: October 23 , 2003 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk • rJGZi31-< 1 96237 SANDY WEGMAN RECORDER KANE COUNTY, IL RECORDED ON This Instrument Prepared by 11/13/2003 11:1OAM And Mail to After Recording: REC FEE: 25. 00 William A.Cogley PAGES: 3 ( City of Elgin vy 1,50 er Court 0 El�ti , Ili 60120-5555 GRANT Of EASEMENT this Grant of Easement is made and entered into this 2141 day ofA(+y40 Fldchre 1104 2003 by and between LSOc' , an Illinois corporation (hereinafter referred to as "Grantor") and the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as the"City"). WITNESSETH For and in consideration of Ten Dollars ($10.00) in hand paid, the mutual undertakings as contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. The Grantor as the owner of the property legally described herein does hereby grant to the City, a permanent and exclusive easement to install, construct,operate,use, maintain, service,upgrade, repair or replace a sanitary sewer line and appurtenances relating thereto in the property hereinafter referred to as the"Easement Premises"and legally described as follows: F POOR rid ns,',L Fnecorde i�'..F,s e •,,,. �;;: bible For I• r,�,u�ad�s 1� ti • A 10 FOOT WIDE STRIP OF LAND OVER THAT PART OF LOT 405 IN VALLEY CREEK UNIT 9, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 7, 1987 AS DOCUMENT 1859651, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 405; THENCE SOUTH 15 DEGREES 47 MINUTES 29 SECONDS EAST ALONG THE WESTERLY LINE OF SAID LOT 405, SAID LINE ALSO BEING THE EASTERLY RIGHT OF WAY LINE OF FLETCHER DRIVE A DISTANCE OF 97.11 FEET TO THE POINT OF BEGINNING; THENCE NORTH 74 DEGREES 12 MINUTES 31 SECONDS EAST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE A OF 25.00 FEET; THENCE SOUTH 15 DEGREES 47 MINUTES 29 SECONDS EAST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE A DISTANCE OF 10.0 FEET; THENCE SOUTH 74 DEGREES 12 MINUTES 31 SECONDS WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE A DISTANCE OF 25.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 405, SAID POINT ALSO BEING ON SAID EASTERLY RIGHT OF WAY LINE OF FLETCHER DRIVE, THENCE NORTH 15 DEGREES 47 MINUTES 29 SECONDS WEST ALONG SAID WEST LINE OF LOT 405 A DISTANCE OF 10.0 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. 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. That this agreement shall he binding on the parties hereto and their respective successors and assigns and shall run with the land. In Witness Whereof, the Grantor has executed this instrument on the date and year first written above. Its Authorized Representati Attest:A 9n. Title: /•di a cJ- / wy✓ Accepted by the City of Elgin, Illinois this _Q A/0 day of O5/ I._., 2003. CITY OF E I, an-Hl' tkip�iun eai7-.oration By: : �A Mayor Attest: pi , City Cler 2003K G0.0 City of Elgin Agenda Item No. ��rEOEEe E Lt it October 3, 200304J r I G Al01 r1 N olt TO: Mayor and Members of the City Council . FINANCIALLY STABLE CITYLSOVEHNMENT EFFICIENT SERVICE% FROM: David M. Dorgan, City Manager AND QUAUTYlNFRA STFAJCTUPE John M. Loete, Public Works Director SUBJECT: Acceptance of Easement for Public Sanitary Sewer Traversing Property Located at 745 Fletcher Drive PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider the acceptance of an easement agreement with Fletcher M. O. B. Association, LLC for public sanitary sewer traversing property located at 745 Fletcher Drive in Elgin. BACKGROUND Fletcher M.O.B. Association, LLC, is the owner and Kiferbaum Construction is the developer of the property located at 745 Fletcher Drive. The site is located within Valley Creek Subdivision, Unit 9. An easement is necessary for the existing 8" sanitary sewer line must now become public due to the connection of a second service to the line . The acceptance of the easement will allow the City access to the public utilities for maintenance. The proposed public easement is a 10' by 25" area within an existing 25' by 52" private sanitary easement. Exhibit A is a sketch of the dedication for your information. Exhibit B is a copy of the easement document, approved by the City' s Legal Department . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . A Easement Acceptance: 745 Fletcher Drive October 3, 2003 Page 2 c)(6k,... FINANCIAL IMPACT None. The cost of recording will be paid for by Fletcher M.O.B. Association, LLC. winEGAL IMPACT None. ALTERNATIVES 1 . The City Council may accept the easement as recommended. 2 . The City Council may reject the easement . This decision will inhibit Public Works to enter private property to access the sanitary sewer for maintenance. RECOMMENDATION rk It is recommended that the City Council accept this easement agreement and authorizes the Mayor to execute and record the document on behalf of the City. Respectfully submitted for Council consideration. (do] Attachments r t 1 r . \ \ . ..: s,1 _.. 1 .2), , 0 .A, to\ 1 NORTH , �5� E C-- LOS �' SOkYIV t,1NN of �o1� a5 ,,,;.2.„, t PdINT OF COMMENCEMENT " t a t , t EXIS NG 5 FOOT PUBLIC UTILITY -r- EAt' 5'\ E EMENTIN AND SEMCITYENT OF ELG \ \ . y 1 EASEMENT FOR , t � lPUBLIC UTILITIES HEREBY GRANTED o '�,2, �o' t3o EXISTING 25'X 52'SANITARY 8.. t,, SEWER AND WATER POI T OF BEGINNING h ..>: . 0 EASEMENT BY DOC 95K072189 :o ' .t .46 f' SNE t b 0 t 1 t i t EXISTING 15'X 52'WATER AND t SANITARY SEWER • EMENT BY DOC 95K021002 t • ` t t ' ROYAL BOULEVARD 1 r t 11 t t 1 n This Instrument Prepared by And Mail to After Recording: William A.Cogley City of Elgin 150.flex4er Court Eigi ,11160!20-5555 GRANT QF EASEMENT This Grant of Easement is made and entered into this zyall day of AL+y451-- Reic ✓ /4104 2003 by and between isoc, r'►c' , an Illinois corporation (hereinafter referred to as "Grantor")and the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as the"City"). WITNESSETH For and in consideration of Ten Dollars ($l 0.00) in hand paid, the mutual undertakings as contained herein and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree as follows: I. The Grantor as the owner of the property legally described herein does hereby grant to the City,a permanent and exclusive easement to install,construct,operate,use, maintain, service,upgrade,repair or replace a sanitary sewer line and appurtenances relating thereto in the property hereinafter referred to as the"Easement Premises"and legally described as follows: r A 10 FOOT WIDE STRIP OF LAND OVER THAT PART OF LOT 405 IN VALLEY CREEK UNIT 9, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 7, 1987 AS DOCUMENT 1859651, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 405; THENCE SOUTH 15 DEGREES 47 MINUTES 29 SECONDS EAST ALONG THE WESTERLY LINE OF SAID LOT 405, SAID LINE ALSO BEING THE EASTERLY RIGHT OF WAY LINE OF FLETCHER DRIVE A DISTANCE OF 97.11 FEET TO THE POINT OF BEGINNING; THENCE NORTH 74 DEGREES 12 MINUTES 31 SECONDS EAST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE A OF 25.00 FEET; THENCE SOUTH 15 DEGREES 47 MINUTES 29 SECONDS EAST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE A DISTANCE OF 10.0 FEET; THENCE SOUTH 74 DEGREES 12 MINUTES 31 SECONDS WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE A DISTANCE OF 25.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 405, SAID POINT ALSO BEING ON SAID EASTERLY RIGHT OF WAY LINE OF FLETCHER DRIVE, THENCE NORTH 15 DEGREES 47 MINUTES 29 SECONDS WEST ALONG SAID WEST LINE OF LOT 405 A DISTANCE OF 10.0 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. 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. That this agreement shall he binding on the parties hereto and their respective successors and assigns and shall run with the land. In Witness Whereof, the Grantor has executed this instrument on the date and year first written above. zdilL,1111111111111"-- Its Authorized Representati • Attest:Aver i , Title: /,t cc{- Accepted by the City of Elgin, Illinois this day of , 2003_ CITY OF ELGIN, an Illinois municipal corporation By: Mayor Attest: City Clerk r