HomeMy WebLinkAbout07-240 Recorded Resolution No. 07-240
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
FOR UTILITY, ACCESS AND MAINTENANCE PURPOSES
FROM COLUMBINE HOMEOWNERS ASSOCIATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to
execute an easement agreement for utility, access and maintenance purposes from the Columbine
Homeowners Association, 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 26, 2007
Adopted: September 26, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
EXHIBIT A
"COLUMBINE DRIVE DEDICATION"
THAT PART OF LOT 119, COLUMBINE SUBDIVISION, BEING A SUBDIVISION OF PART
OF THE NORTHWEST QUARTER OF SECTION 28,TOWNSHIP 41 NORTH,RANGE 8 EAST,
OF THE THIRD PRINCIPAL MERIDIAN IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS, AS RECORDED OCTOBER 20, 1995, IN DOCUMENT NO. 95K063055,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 119;THENCE N88°49'04"E
230.28 FEET ALONG THE SOUTH LINE OF SAID LOT 119 AND THE NORTH RIGHT-OF-
WAY LINE OF BOWES ROAD/COUNTY HIGHWAY 17 TO THE SOUTHEAST CORNER OF
SAID LOT 119; THENCE N00°55'14"W 1.00 FOOT ALONG THE EAST LINE OF SAID LOT
119 AND THE WESTERLY RIGHT-OF-WAY LINE OF COLUMBINE DRIVE FOR A PLACE
OF BEGINNING;THENCE 183.94 FEET ALONG THE ARC OF A 65.00 FOOT RADIUS NON-
TANGENTIAL CIRCULAR CURVE TO THE RIGHT AND CONCAVE TO THE EAST,WITH A
CENTRAL ANGLE OF 162008'09", HAVING A CHORD WHICH BEARS NO3044'22"E 128.42
FEET TO AFORESAID WESTERLY RIGHT-OF-WAY LINE OF SAID COLUMBINE DRIVE;
THENCE S08036'14"W 63.06 FEET ALONG THE EAST LINE OF SAID LOT 119 AND THE
WESTERLY RIGHT-OF-WAY LINE OF SAID COLUMBINE DRIVE; THENCE S00055014"E
65.81 FEET ALONG THE EAST LINE OF SAID LOT 119 AND THE WESTERLY RIGHT-OF-
WAY LINE OF SAID COLUMBINE DRIVE TO THE PLACE OF BEGINNING,CONTAINING
0.11 ACRES OF LAND, MORE OR LESS.
"SHASTA DAISY DRIVE DEDICATION"
THAT PART OF LOT 119, COLUMBINE SUBDIVISION, BEING A SUBDIVISION OF PART
OF THE NORTHWEST QUARTER OF SECTION 28,TOWNSHIP 41 NORTH,RANGE 8 EAST,
OF THE THIRD PRINCIPAL MERIDIAN IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS, AS RECORDED OCTOBER 20, 1995, IN DOCUMENT NO. 95K063055,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 119;THENCE N8 8049'04"E
3.69 FEET ALONG THE SOUTH LINE OF SAID LOT 119 AND THE NORTH RIGHT-OF-WAY
LINE OF BOWES ROAD/COUNTY HIGHWAY 17 FOR A PLACE OF BEGINNING;THENCE
N43049'29"E 14.14 FEET; THENCE N01°10'06"W 52.72 FEET;THENCE 63.39 FEET ALONG
THE ARC OF A 59.00 FOOT RADIUS CIRCULAR CURVE TO THE RIGHT AND CONCAVE
TO THE SOUTHEAST, WITH A CENTRAL ANGLE OF 61033'20", HAVING A CHORD
WHICH BEARS N29036'33"E 60.38 FEET; THENCE N60°23'12"E 108.71 FEET; THENCE
N00036'20"W 31.99 FEET TO THE SOUTHERN RIGHT-OF-WAY LINE OF RED BARN LANE;
THENCE 14.66 FEET ALONG THE ARC OF A 230.00 FOOT RADIUS NON-TANGENTIAL
CIRCULAR CURVE TO THE LEFT AND CONCAVE TO THE NORTH, WITH A CENTRAL
ANGLE OF 03039'08",HAVING A CHORD WHICH BEARS S89005'41"E 14.66 FEET ALONG
THE NORTH LINE OF SAID LOT 119 AND THE SOUTH RIGHT-OF-WAY LINE OF SAID
RED BARN LANE;THENCE N89°04'46"E 96.00 FEET ALONG THE NORTH LINE OF SAID
LOT 119 AND THE SOUTH RIGHT-OF-WAY OF SAID RED BARN LANE TO THE
NORTHEAST CORNER OF SAID LOT 119; THENCE S00°55'14"E 11.44 FEET ALONG THE
EAST LINE OF SAID LOT 119 AND THE WESTERLY RIGHT-OF-WAY LINE OF
COLUMBINE DRIVE;THENCE S08°36'14"W 30.90 FEET ALONG THE EAST LINE OF SAID
LOT 119 AND THE WESTERLY RIGHT-OF-WAY LINE OF SAID COLUMBINE DRIVE;
THENCE S60021'01"W 195.85 FEET;THENCE SO 1°10'06"E 52.11 FEET;THENCE S46°10'31"E
14.14 FEET TO THE SOUTHERN LINE OF SAID LOT 119;THENCE S88049'04"W 80.00 FEET
ALONG THE SOUTH LINE OF SAID LOT 119 AND THE NORTH RIGHT-OF-WAY LINE OF
SAID BOWES ROAD/COUNTY HIGHWAY 17 TO THE PLACE OF BEGINNING,
CONTAINING 0.43 ACRES OF LAND, MORE OR LESS.
This Instrument Prepared
By and Return After
Recording to: 2007K 1 06077
William A. Cogley
City of ElginSANDYWEGMAN
Legal Department "� RECORDER - KANE COUNTY, IL
150 Dexter Court RECORDED: 18/19/2807 1:15 PN
27.
Elgin, IL 60120-5555 FEC RA S. 6N
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is made and entered into this day of
ktrga s; , 2007, by and between the CITY OF ELGIN, an Illinois municipal corporation,
(hereinafter referred to as the "City"), and the COLUMBINE HOMEOWNERS
ASSOCIATION, an Illinois not-for-profit corporation, organized and existing under the laws of
the State of Illinois (hereinafter referred to as the"Grantor").
WITNESSETH:
WHEREAS, the Grantor owns certain real property located in the Columbine
Subdivision, located north of Bowes Road and west of Randall Road in Elgin, Kane County,
Illinois; and
WHEREAS, the parties have determined that it is in their best interests for Grantor to
grant to the City easements over those portions of Grantor's property legally described herein.
NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) 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 (except for existing drainage, detention and access
easements) easement to install, construct, operate, use, maintain, repair, service, upgrade, replace
or remove sanitary sewer lines and/or water mains, and appurtenances relating thereto, in,
through, under and upon the north 30 feet of Lot 117 in the Columbine Subdivision, such portion
of Grantor's property being legally described in Exhibit A attached hereto (such portion of
Grantor's property being legally described in Exhibit A attached hereto is hereinafter referred to
as the "Public Utility Easement Premises").
2. That Grantor does hereby further grant to the City permanent and non-exclusive
easements in, through, under and upon those portions of Grantor's property legally described in
Exhibit B attached hereto allowing access over and use of said portions of Grantor's property for
the purposes of maintaining or repairing the detention facility on portions of Lot 119 and the
landscaping thereon and the detention facility and the connecting storm sewer on Lot 117 in the
Columbine Subdivision (the Public Utility Easement Premises and the portions of Grantor's
property referred to in this Section 2 are hereinafter collectively referred to as the "Easement
Premises").
3. That the Grantor shall not construct any buildings or structures nor plant any trees
on the Public Utility Easement Premises nor undertake any other activities which unreasonably
interfere with the Public Utility Easement Premises and the City's intended use thereof.
4. That following the exercise by the City of the easement rights granted herein for
the Public Utility Easement Premises, 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.
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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 grants 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 COLUMBINE HOMEOWNERS
municipal corporation ASSOC TION `
By B
d c oc , Mayor Its:
Attest: Attest: ^
City Clerk Its:
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 WatPub
y o 2007.
c
"OFFICIAL SEAL"
KATHRYN J. SEAL"
Notary Public,State of Illinois
My Commission Expires 1012/2010
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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 VY 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.
A* 'o f.A P. ke r aL Afi o A9cxr
Given under my hand an official seal, this day of — ) 2007.
gym, "OFFICIAL SEAL" Notary Public
s� THOMAS M HARTWELL
�a COMAASSION EXPIRES 07/25/09
F:\Legal Dept\Agreement\Easement-ColumbineSub-BowesRandall-Exhibit D.doc
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EXHIBIT A
Legal Description of Public Utility Easement Premises
The north 30 feet of Lot 117 in the Columbine Subdivision, being a subdivision of part of the
Northwest Quarter of Section 28, Township 41 North, Range 8 East of the Third Principal
Meridian in the-City of Elgin, Kane County, Illinois, recorded on October 20, 1995, as Document
No. 95K063055.
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EXHIBIT B
Lot 117 in the Columbine Subdivision being a subdivision of part of the Northwest Quarter of
Section 28, Township 41 North, Range 8 East of the Third Principal Meridian in the City of
Elgin, Kane County, Illinois, recorded on October 20, 1995, as Document No, 95KO63055 and
Lot 119 in the Columbine Subdivision being a subdivision of part of the Northwest Quarter of
Section 28, Township 41 North, Range 8 East of the Third Principal Meridian in the City of
Elgin, Kane County, Illinois, recorded on October 20, 1995, as Document No. 95KO63055
excepting therefrom the following described property: those portions previously conveyed and
dedicated to the City of Elgin described as follows:
9� OL 1'
OFF LOT 111,, COLLUIOWE SUOOIV4SION, 9E94C A SUBDIVISION OF PART OF THE NORTHWEST IQUARTER OF SECTION 28, TOWNSHIP 41
NOM, R#NW 6 EAST, OF 1HE 110I011D Pft$WAL WOWAN IN THE CITY OF ELGIN, KANE COUNTY, IUJ OIS, AS RECORDED OCTOBER 20,
1914, IN DOCUMENT NO. VW063035, DESCM 0 AS FOLLOWS:
COMMDiCmiG AT THE SOU7HWST COft" OF SND LOT 119; THENCE NB8'49'04'E 230.28 FEET ALON THE SOUTH LINE OF SAID LOT 119
AND 1HE NORTH RIGHT-OF-WAY LW OF DOMES ROAD/COUNTY HIGHWAY 17 TO THE SOUTHEAST C R OF SAID LOT 119; THENCE
N00'WI4'W 1.00 FOOT ALOM6 7HE EAST LIME OF SAID LOT 119 AND THE WESTERLY RIGHT-OF-WAY JW OF COLUMBINE DRIVE FOR A
UNUM W MMMM THENCE 153.94 FEET ALONG THE ARC OF A 65.00 FOOT RADIUS NON-TANGEN AL CPO" CURVE T'0 THE RIGHT
AND COMCAVE TO THE EAST, WITH A CENWAL ANGLE OF 162'08'09', HAVING A CHORD WENCH BEARS NO3'44'22E 128.42 FEET TO
AFORESAND WESTERLY RK;HT-OF-WAY LINE OF SND COLUMBINE DRIVE; THENCE SW36-14-W 63.06 T ALONG THE EAST LINE OF SAID LOT
119 AND THE WESTERLY RIGHT-OF-WAY LINE OF SAID COLUMBINE DRIVE; THENCE SOO'55'14'E 63.51 7EET ALONG THE EAST UNE OF SAID
LOT 111 AND THE WESTERLY FOCHT-OF-WAY LINE OF SAID COLUMMW DRIVE TO THE PLACE OF , CONTANNING 0.11 ACRES OF
LAND, MORE OR LESS.
'OUIMA *ANY OW 110M 1E1'
1MAT PART OF LOT 119, COL.UM SUBDIVISION, KING A SUBDIVISION OF PART OF THE NORTHWEST(QUARTER OF SECTION 28, TDYINSHF 41
NORTH, RANGE 8 EAST, OF 7W THIRD PRINCIPAL MERNOIAN IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, AS RECORDED OCTOBER 20,
1995. IN DOCUMENT NO. "KM3055, DESCRIBED AS FOLLOWS:
COMMIENCMG AT THE SOUTHWEST. CORNER OF SAID LOT 11% THENCE Na8'49'04'E 3.69 FEET ALONG iK SOUTH UNE OF SAID LOT 119 AND
THE NORTH RICHT-OF-WAY LINE OF POWES ROAD/COUNTY HIGHWAY 17 FOR A PLACE OF 8E6R151i0; THENCE N43"49'29-E 14.14 FEET;
1iNE?ICF N01'10'05'W 5272 FEET; 114E7NCE 63.39 FEET ALONG THE ARC OF A 50.00 FOOT RADIUS CIR CURVE TO THE RIGHT AND
COIICAVE TO THE SOUTHEAST, 1N1U1 A CENTRAL ANGLE OF 61'33 20', HAVING A CHORD WHICH BEARS N29'36'33E 60.38 FEET; THENCE
N00'23'1T'E 106 71 FEET; TTNEINCE NNYD'J6'20'W 31.99 FEET TO THE SOUTHERN RIGHT-OF-WAY UNE RED BARN LANE THENCE 14.66
FEET ALONG THE ARC OF A 230.00 FOOT RADIUS MON-TANGENTIAL CIRCULAR CURVE TO THE LEFT CONCAVE TO THE NORTH, WITH A
CENTRAL ANGLE OF 0331'08'. HAVING A OHM WHICH SEARS S81'OS'41'E 14.66 FEET ALONG THE 7H LUNE OF SAID LOT 119 AND THE
SOUTH RIGHT-OF WAY LN4f OF SAIp RED 6AM1 IANE THENCE N89'04'46'E 96.00 FEET ALONG THE TH LNNE OF SAID LOT 119 AND THE
SOUTH RIGHT--OF-WAY OF SAID RED SARI LINE TO THE NORTHEAST CORNER OF SAID LOT 119; SW55'14'E 11.44 FEET ALONG THE
EAST LINE OF SAID LOT 119 AND THE WE37ERLY RIGHT-OF-WAY LINE OF COLUMBINE DRIVE; THENCE 36'14'W 30.90 FEET ALONG THE
EAST LINE OF SAID LOT 119 ANMD THE WESTERLY RIGHT-OF-WAY LINE OF SAID COLUMMNE DRIVE; SW21-DI-W 195.85 FEET; THENCE
501'10'06'E 52.11 FEET; THENCE S46'10'31',E 14.14 FEET TO THE SOUTHERN UNE OF SAID LOT 119; Saa'49'04'W 90.00 FEET ALONG
TUE SOUTH LINE OF SAID LOT 110 AND THE NORTH RIGHT-OF-WAY LINE OF SAID BOWES ROAD/COON HIGHWAY 17 TO THE PLACE OF
OEGINNING, CONTAMNNG 0.43 ACRES OF LAND. MORE OR LESS.
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