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Home My WebLink About04-38 Recorded Resolution No. 04-38 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT AND VACATION OF AN EASEMENT FOR STORM SEWER PURPOSES WITH 790 S. McLEAN LLC 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 and vacation of an easement for storm sewer purposes with 790 S. McLean 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 Easement Agreement and vacation of an easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/Ed Schock Ed Schock, Mayor Presented: February 25, 2004 Adopted: February 25, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk r 12) 4I 12,1 .E3 1 ATT AC SANDY WEGMAN RECORDER KANE COUNTY, IL EASEMENT AGREEMENT RECORDED ON 03/23/2004 09:20AM REC FEE: 43.00 PAGES: 7 THIS AGREEMENT, made and entered into this d,S"ik day of , 2001, by and between City of Elgin, an Illinois Municipal Corporation, 150 Dexter Court, Elgin, Illinois (hereinafter referred to as the "City"), and 790 S. McLean LLC, an Illinois Limited Liability Company, 800 South McLean Blvd., Elgin, Illinois (hereinafter referred to as "Grantor"). WITNESSETH: WHEREAS, Grantor is the owner of certain property (the "Property") located in the City of Elgin, County of Kane, State of Illinois, legally described as follows: SEE ATTACHED LEGAL DESCRIPTION, EXHIBIT A PIN: 06-27-101-012 (applies to this parcel and other land) Common Address: 790 South McLean Boulevard, Elgin, Illinois WHEREAS, there exists on said Property a certain easement for a storm sewer (the "Original Easement Premises"), described in a "Grant of Easement by Resolution of the City of Elgin" recorded December 13, 1988 as Document No. 1947651, over and across the Northerly 20 feet, and running north-south through the middle of Grantor's parcel, as more particularly described in said Grant of Easement. WHEREAS, Grantor now desires to construct a building on said Property, and as a result thereof, it will be necessary and advisable to remove and re-locate the Original Easement to a new location on the Property, by granting a new easement (the "New Easement Premises"), as depicted on a "Grant of Easement" dated May 27, 2003, a copy of which is attached hereto and incorporated herein by this reference, and legally described as follows: 1 n A 10 foot wide storm sewer easement over that part of the Northwest Quarter of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian, the center line of said 10 foot wide easement described as follows: commencing at the Northwest corner of said Section 27; thence North 89 degrees 49 minutes 55 seconds East along the North line of said Section 27, a distance of 1293.18 feet to the Northeast corner of College Green Unit 2 according to the plat thereof recorded August 12, 1988 as Document 1926239; thence continuing North 89 degrees 49 minutes 55 seconds East along said North line a distance of 245.27 feet for the point of beginning of said Center line of a 10 foot wide storm sewer easement; thence South 04 degrees 13 minutes 31 seconds East, along said center line, a distance of 182.62 feet; thence South 28 degrees 15 minutes 43 seconds East, along said center line, a distance of 85.71 feet to the Northerly right of way line of College Green Drive for the terminus of said center line, being situated in the City of Elgin, Kane County, Illinois and containing 2,683.47 square feet, more or less. WHEREAS, the parties have determined that it is in their mutual best interests for Grantor to grant, and for the City to accept, the New Easement Premises pursuant to the terms and conditions of easement as set forth in this Agreement. NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, AND OTHER GOOD AND VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. Grantor hereby grants and conveys to the City as a permanent and exclusive easement to install, construct, operate, use, maintain, repair, service, upgrade, replace or remove a storm sewer improvement, and appurtenances related to such improvement, in, along, and upon the New Easement Premises as described in this Agreement. 2. Grantor shall not construct any buildings, structures, or other physical improvements on the New Easement Premises, nor undertake any other activities on the Property which unreasonably interfere with the New Easement Premises. 3. A portion of the Original Easement Premises shall be and is hereby vacated, as more particularly described in the Plat of Vacation, prepared by Landmark Engineering, Inc., Job No. 02-03-690, a copy of which is attached hereto and incorporated herein by this reference. The legal description of the portion of the Original Easement Premises so vacated is as follows: That part of the Northwest Quarter of Section 27, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest Corner of said Section 27, thence North 89 degrees 49 minutes, 55 seconds East along the North line of said Section 27, a distance of 1293.18 feet to 2 „r the Northeast corner of College Green Unit 2, according to the Plat thereof recorded August 12, 1988 as Document Number 1926239; thence continuing North 89 degrees 49 minutes 55 seconds East along said North line a distance of 250.28 feet for the point of beginning; thence North 89 degrees 49 minutes 55 seconds East along said North line of the Northwest Quarter, a distance of 84.28 feet; thence South 07 degrees 00 minutes 00 seconds West, a distance of 259.76 feet; thence North 28 degrees 15 minutes 43 seconds West, a distance of 17.32 feet; thence North 07 degrees 00 minutes 00 seconds East a distance of 221.07 feet to a point 20.00 feet Southerly of the aforesaid North line of the Northwest Quarter; thence South 89 degrees 49 minutes 55 seconds West, on a line 20.00 feet Southerly of and parallel with the North line of said Section 27, a distance of 70.27 feet; thence North 04 degrees 13 minutes 31 seconds West, a distance of 20.05 feet to the point of beginning, being situated in the City of Elgin, Kane County, Illinois and containing 3,933.98 square feet, more or less. 4. As a condition of the City's agreement as expressed herein, Grantor shall at its sole expense promptly remove and re-locate to the New Easement Premises any and all storm sewer improvements currently lying within the Original Easement Premises. 5. Following the exercise by the City of any of the easement rights granted in this Agreement, the City shall promptly repair and restore the New Easement Premises to the same condition as existed immediately prior to the exercise of such rights as is nearly practicable. 6. No amendment, revision, or modification of this Agreement shall be effective unless it is in writing and duly approved and signed by all of the parties hereto. 7. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 8. It is understood and agreed that the City may, in the exercise of its easement rights under this Agreement, utilize the services of third party contractors, employees, or other agents to perform work in the New Easement Premises. 9. This Agreement shall be binding upon, and inure to the benefit of, the parties, and their respective successors and permitted assigns, and shall run with the land. 10. This Agreement shall be recorded in the Office of the Kane County Recorder by Grantor at its expense. IN WITNESS WHEREOF, the parties have entered into and executed this Easement 3 Agreement on the date and year first above written at Elgin, Kane County, Illinois. CITY OF ELGIN 790 S. McLEAN LLC & iMBy: r :�� By: /01 Mayor Member ATTEST: Subscribed and sworn to before me this k-day of d,,�` , 2004. City Clerk Notary Public _ \81, 4)Ek Art KRISTEN M CARDINALE Notary PUrilC. State of II!Ir101S r,- ,.,,qs,c F_ r,-s 01x'30106 ra Prepared by: Return to: Mark Schuster Delonna Mecum Schnell, Bozos, Freeman, Kramer, City Clerk Schuster& Vanek City of Elgin 1250 Larkin Avenue #100 150 Dexter Court Elgin, IL 60123 Elgin, IL 60120 4 EXHIBIT "A" LEGAL DESCRIPTION: THAT PART OF THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIP_'-T MERIDIANI, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 27; THENCE NORTH 89 DEGREES 49 MINUTES 55 SECONDS EAST ALONG THE NORTH LINE OF SAID SECTION 27, A DISTANCE OF 1293 . 18 FEET TO THE NORTHEAST CORNER OF COLLEGE GREEN UNIT 2 ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 12, 1988 AS DOCUMENT 1926239 FOR THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 45 MINUTES 55 SECONDS EAST ALONG SAID NORTH LINE A DIST NCE OF 574 . 97 FEET TO THE WESTERLY RIGHT OF WAY LINE OF MCLEAN BLVD. , AS DEDICATED BY DOCUMENT 1926240; THENCE SOUTHERLY ALONG SLID WESTERLY LINE ALONG A CURVE TO THE LEFT WHOSE RADIUS IS 34,427 . 50 FEET AN ARC DISTANCE OF 277 .95 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF COLLEGE GREEN DRIVE AS DEDICATED BY . DOCUMENT 1926240; THENCE NORTH 84 DEGREES 05 MINUTES 31 SECONDS WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 119. 08 FEET TO THE POINT OF CURVE; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT OF WAY LINE ALONG A CURVE TO THE LEFT WHOSE RADIUS IS 1056 . 0 FEET AN ARC DISTANCE OF 364 . 67 FEET TO THE EASTERLY LINE OF SAID COLLEGE GREEN UNIT 2; THENCE NORTH 12 DEGREES 38 MINUTES 43 SECONDS WEST ALONG SAID EASTERLY LINE A DISTANCE OF 294 . 70 FEET TO THE POINT OF BEGINNING EXCEPTING THAT PART OF THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPHL MERIDIANI, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST 1/4; THENCE ON AN ASSUMED BEARING OF NORTH 83 DEGREES 58 MINUTES 50 SECONDS EAST, ALONG THE NORTH LINE OF SAID NORTHWEST 1/4, 1868 .45 FEET TO THE WESTERLY RIGHT OF WAY LINE OF MCLEAN BOULEVARD, ACCORDING TO THE PLAT OF DEDICATION RECORDED AS DOCUMENT NO. 1926240; THENCE SOUTHERLY 232 . 95 FEET ALONG SAID RIGHT OF WAY LINE, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 34, 427 . 50 FEET AND A CHORD BEARING SOUTH 00 DEGREES 23 MINUTES 27 SECONDS WEST, 232 . 95 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY, 45 . 00 FEET ALONG SAID RIGHT OF WAY LINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 34, 427 . 50 FEET AND A CHORD BEARING SOUTH 00 DEGREES 09 MINUTES 34 SECONDS WEST, 45 . 00 FEET TO THE NORTH RIGHT OF WAY LINE OF COLLEGE GREEN DRIVE; THENCE SOUTH 89 DEGREES 50 MINUTES 55 SECONDS WEST ALONG THE NORTH RIGHT OF WAY LINE OF COLLEGE GREEN DRIVE, 45 . 00 FEET; THENCE NORTH 45 DEGREES 00 MINUTES 15 SECONDS EAST, 63 . 81 FEET TO THE POINT OF BEGINNING) IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . POOR ORIGINAL 2OO K 0 3 4 8 5 I corder Not Responsible For Reproductions a- E �` • c� L iti p 110 February 6, 2004 <i��i !,..101� I I Ira i ;14 FINANCIALLY STABLE CITY[GOVERNMENT TO: Mayor and Members of the City Council EF FIC IENT SERVIC F S. AND OI.IALITY INFRASTRUCT,JRE FROM: David M. Dorgan, City Manager John M. Loete, Public Works Director SUBJECT: Easement Agreement and Easement Vacation for Storm Sewer at 790 South McLean Boulevard 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 and vacation of an easement with 790 S. McLean LLC, for storm sewer traversing the property at 790 South McLean Boulevard. RECOMMENDATION It is recommended that the City Council accept this easement agreement and easement vacation and authorize the Mayor to execute and record the document on behalf of the City. BACKGROUND 790 S. McLean LLC, is constructing new commercial buildings at 790 South McLean Boulevard. To develop the property as proposed, it is necessary to remove and relocate the existing public storm sewer. This easement agreement is necessary to allow the City access to the re-located storm sewer for maintenance. The easement vacation returns the old sewer alignment to the status of unrestricted property. Attached is a location map. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT There will be a $50 recording fee associated with the acceptance of the easement agreement. The recording fee will initially be charged against the Engineering Division's Legal Recording Fees, account number 010-3311-752.32-05, and then reimbursed by 790 S. McLean LLC to Easement Agreement for Storm Sewer at 790 S. McLean Blvd. February 6, 2004 Page 2 recoup the costs. Engineering staff will follow up with the developer to collect the funds. The 2004 budget for this account is $200 and approximately$150 remains available. LEGAL IMPACT None ALTERNATIVES 1. Accept the easement as presented. 2. Reject the easement. This decision would make it impossible to access the storm sewer for maintenance. Respectfully submitted for Council consideration. do Attachments