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Home My WebLink About15-44 Corrected y II II IIIIIII :2 0 1 '5 F::o_o 4 1 9 1 , . SANDY !.oEGt•1F-1t--1 RECORDER — KHNE COUNTY, IL State of Illinois) County of Kane) RECCRIIEII: 8/5/2015 11:41 AM City of Elgin ) REC FEE: 47.00 PAGES: 2 Recording Information CERTIFICATE OF CITY CLERK I, Kimberly Dewis, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of: RESOLUTION NO. 15-44 AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT ABROGATION, 30' RIGHT-OF-WAY DEDICATION TO KANE COUNTY AND GRANT OF EASEMENT FOR WATERMAIN, PUBLIC UTILITY AND BIKE PATH PURPOSES FROM ORLEANS RHIL, LP (Stonebrook Subdivision-Over Part of the Southeast Quarter of Section 26-41-7) adopted by the Elgin City Council at its legally convened meeting held on April 8, 2015. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City,!,, ....4 at the said City in the County and State aforesaid this April 21, 2015. icJ;'005 FWMINis . �/`:_ l'WLi 1 i _ :;tip !' Kimberly ewis, City Clerk T` ''. i ; , `;e,, •repared by: Return to: William Cogley Kimberly Dewis Corporation Counsel Elgin City Clerk City of Elgin (� t 150 Dexter Court 150 Dexter Court l• Elgin, IL 60120 Elgin, IL 60120 • V I _l s 1 w. Resolution No.15-44 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A PLAT OF EASEMENT ABROGATION, 30' RIGHT-OF-WAY DEDICATION TO KANE COUNTY AND GRANT OF EASEMENT FOR WATERMAIN, PUBLIC UTILITY AND BIKE PATH PURPOSES FROM ORLEANS RHIL, LP (Stonebrook Subdivision-Over Part of the Southeast Quarter of Section 26-41-7) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a plat of easement abrogation, 30' right-of-way dedication to Kane County and grant of easement for watermain, public utility and bike path purposes from Orleans RHIL, LP 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 plat of easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/David J. Kaptain David J. Kaptain, Mayor Presented: April 8, 2015 Adopted: April 8, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk y 111111111111 00104 CCtJNC Si-iND•;• .iIEGI1A1--a RECORDER - k:.NME COUNTY, IL Sandy Wegman RECORDED: 1/4/2016 09:40 AM Kane County Recorder REC FEE: 51.00 RHSFS FEE: 9.00 719 S Batavia Ave, Bldg C PAGES: 7 Geneva, IL 60134 Recording Cover Page This page added for the purposes of affixing Recording Information Deed Other OCCh A UCC Plat Remarks: 1 (00 KRISCH LAND SURVEYING LLC P.O. Box 929 -Plainfield, Illinois 60544-0929 Phone: (630) 627-5589 / Fax(630)627-5594 SURVEYING - CONSULTING - CONSTRUCTION LAYOUT CERTIFICATE OF CORRECTION I, SEAN T. KRISCH, ILLINOIS PROFESSIONAL LAND SURVEYOR No. 3082, DO HEREBY CERTIFY THAT I HAVE PREPARED the "Final Plat of STONEBROOK Unit No. 1" FILED IN THE KANE COUNTY RECORDER OF DEEDS OFFICE ON MARCH 14, 2008 AS DOCUMENT NUMBER 2008k021964. I FURTHER CERTIFY THAT THE "(Public Utilities & Drainage Easement)" TEXT SHOWN BELOW "PARCEL 30" ON SAID Final Plat of STONEBROOK Unit No. 1 WAS TO BE REVISED DURING THE SUBDIVISION PLAT REVIEW PROCESS AND IS HEREBY CORRECTED TO READ "CITY OF ELGIN EASEMENT". SAID CITY OF ELGIN EASEMENT IS SUBJECT TO THE ATTACHED CITY OF ELGIN EASEMENT PROVISIONS. GIVEN UNDER MY HAND AND SEAL THIS 4th DAY OF JANUARY, A.D. 2016. SEAN T. KRISCH -�..)f' PROFESSIONAL LAND SURVEYOR No. 3082r!St`J PREPARED BY AND RETURN TO: KRISCH LAND SURVEYING, LLC P.O. Box 929 Plainfield, IL 60544-0929 Phone: 630.627.5589 Fax: 630.627.5594 CITY EASEMENT (C.E.) PROVISIONS An exclusive and permanent easement (unless shown hereon as a non-exclusive right, i.e. in common with other Grantees) is hereby reserved for and granted to the City of Elgin, an Illinois municipal corporation, and its successors and assigns for the installation, construction, reconstruction, replacement, alteration, enlargement, operation, inspection, repair, maintenance, relocation, renewal and removal of improvements, facilities and appurtenances, including without limitation any and all manholes, hydrants, pipes, connections and catch basins, to serve these and other lands with improvements, including but not limited to force mains, sanitary sewers, storm sewers, storm drainage, water mains, pedestrian walkways, municipal signage and other municipal or public utility purposes designated by said City, in, across, along, over, under and upon the areas described herein and hereon identified as "City Easement" or "C.E.;" together with the right to install required service connections under the surface of each lot to serve improvements thereon; and together with the right to enter upon the property with such personnel and equipment as may be deemed necessary for all such uses and purposes. No obstruction or structure shall be erected or located, nor shall any trees be planted, over said easement areas, nor shall any other activities be undertaken that unreasonably interfere with the City's intended use thereof, but the same may be used for landscaping, fencing, parking or other purposes if approved in writing by the City of Elgin and if such use does not then or later interfere with the aforementioned purposes. The right is also hereby granted to the City of Elgin to remove any fences, buildings or structures and to cut down, trim or remove any trees, shrubs, bushes, roots or other plantings that interfere with the operation of or access to such facilities in, on, upon, across, under or through said City Easement. The City shall not be responsible for the replacement or repair of any such fences, buildings, structures, trees, turf, gardens, shrubs, landscaping or other improvements removed during the exercise of the herein given rights. Replacement and/or repair of said items shall be the responsibility of the then property owner. Any other public utilities shall be permitted to cross said City Easement at right angles thereto if approved in writing by the City of Elgin and provided that such is done in a manner that does not then or later unreasonably interfere with the City's intended use of the easement areas; however no electrical transformers, switching equipment, junction boxes, or any other such facilities or equipment, shall be erected either above or below ground on said lands due to such crossings. k COMCAST September 22, 2015 Orleans Homes 1834 Walden Office Square, Suite 300 Schaumburg, Illinois 60173 Attn: Rick Zirk Midwest Director of Land Acquisition Re: Vacation of Utility Easement on Parcel 30 of Stonebrook Unit No. 1 Subdivision, Elgin, IL. To Whom It May Concern: This letter serves as acknowledgement that Comcast Cable Communications, Inc. and its affiliates, having no facilities located thereon and anticipating no future need thereof, herein disclaim all rights, title, and interest it may have in and to the Public Utilities & Drainage Easement described as follows: A part of Parcel 30 in Stonebrook Unit No. 1, being a subdivision in Section 26, Township 41 North, Range 7, East of the Third Principal Meridian, according to the Final Plat thereof recorded March 14, 2008 as Document Number 2008K021964 in Kane County, Illinois. This disclaimer is not intended to and shall not in any way affect any easements which Comcast and/or its affiliates have a right to use, except as to the premises hereinabove specifically described. Cordially yours, ��C�44 ,2 /1e44-411 Robert L. Schulter,Jr. Central Division Director of Construction By: Frank Gautier Sr. Right-Of-Way Engineer (630) 600-6348 688 Industrial Drive Elmhurst, IL 60126 www.comcastcorporation.com • 164111111& Nicor Gas`M An AGL Resources Company 1844 Ferry Road Naperville,IL 60563 630 983 8676 phone www nicorgas corn September 4, 2015 Rick Zirk Midwest Director of Land Acquisition Orleans Homes Sent via email: Rick Zirk <rzirk@orleanshomes.com > Subject: Vacation of Easement—Parcel 30 Nicor Atlas Page Reference: NW61264A To Whom It May Concern: This letter is sent in response to your recent inquiry regarding the proposed Vacation of a Certain Public Utility Easement(PUE) within the property described below: Parcel 30 in Stonebrook Unit No. 1, being a subdivision in Section 26, Township 41 North, Range 7, East of the Third Principal Meridian, according to the plat thereof Recorded March 14, 2008 as Document Number 2008K021964, in Kane County, Illinois. Based on the information provided,Nicor Gas has no gas main installed in Parcel 30, nor foresees any future use to said easement as established by Stonebrook Unit No. 1, as recorded under Document No. 2008K021964 and within the property described above, and therefore has no objection to the proposed vacation of said easement. "Nicor Gas hereby waives any and all rights or interest in the parcel described herein." Notify JULIE at 1-800-892-0123 at least 48 hours prior to commencing construction activities. Nicor Gas may have gas service pipes providing gas services to the described property. The gas service pipes are neither covered by recorded easements nor are their locations mapped. Ver truly rs, //) David A. Vidmar Land Management Agent Land Services Department • RELEASE OF EASEMENT For good and valuable consideration,the receipt of which is hereby acknowledged,Illinois Bell Telephone Company dba AT&T Illinois,an Illinois corporation,hereby releases to the owner(s)of record,all of it's right,title and interest in: Parcel 30 in Stonebrook Unit no. 1,being a subdivision in Section 26,Township 41 North,Range 7 East of the Third FOR RECORDERS USE ONLY Principal Meridian,according to the plat thereof recorded March 14,2008,as Document Number 2008K021964,in Kane County,Illinois. This disclaimer is not intended to and shall not in any way affect the utility easements set forth within the property or upon the aforesaid Plat of Subdivision,if applicable,except as to the premises hereinbefore specifically described. IN WITNESS WHEREOF, Illinois Telephone. Cotr�any dba AT&T Illinois,an Illinois corporation has caused this release to be duly executed this f f' day of A.D.2015. THIS INSTRUMENT IS VOID UNLESS RECORDED ON THE PUBLIC RECORDS WITHIN 90 DAYS AFTER THE ABOVE DATE. at&t Right f Way Ma er STATE OF Illinois ) I v)SS COUNTY OF .J )) I, 11,r0.v\d: M R.arc r ,a No Public in and for said County in the State aforesaid, DO HEREBY CERTIFY THAT personally known to me to be the Right of Way Manager ,of Ill inois Bell Telephone Company dba AT&T Illinois,an Illinois corporation,also known to be the person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such Right of Way Manager he/she signed and delivered the said instrument as the free and voluntary act of said Corporation,under authority of general administrative practices approved by the President. Given under my hand and notarial seal,this I 14'- day of 1 • A.D. 2015. My Commission Expires: 1 (SEAL) , NOTARY PUBLIC OFFICIAL SEAL BRANDI M.BUTENSCHOEN THIS INSTRUMENT PREPARED BY: Notary Public-State of Illinois Debra J.Leetzow My Commission Expires Nov 02,201 5) Right of Way Manager AT&T Illinois 222 W.Jackson Street Woodstock,Illinois 60098 . • ! • CoITEcI Commonwealth Edison Company www.exeloncorp.com 3 Lincoln Center Oakbrook Terrace,I160181 December 14th, 2015 Re: Certificate of Correction Stonebrook Subdivision Part Two—Parcel 30 To Whom It May Concern: In regard to a certain public utility easement within the property described below: Parcel 30 in Stonebrook Unit No. 1, being a subdivision in Section 26, Township 41 North, Range 7, East of the Third Principal Meridian, according to the plat thereof Recorded March 14, 2008 as Document Number 2008K021964, in Kane County, Illinois. Commonwealth Edison hereby waives any and all rights or interest in the parcel described herein; provided, however, that Commonwealth Edison retains any and all rights for the placement of electrical facilities perpendicular to the aforementioned parcel, including, but not limited to, electrical facilities currently existing as of the date of this waiver. The relocation of facilities will be done by Grantees at cost of the Grantor/Lot Owner, upon written request. Print Name: 4.N- A Signature: ,/ Gv( 4 C40 Title: (.6C1,\ t-c ' (Q,L.4- 1 Commonwealth Edison Date: lq k l Sincerely, Mark Cozzi Real Estate Specialist 630.576-6530