HomeMy WebLinkAbout66-1115 Recorded •
(0G2- 1115 PL * atai
tsa
N.
741
WATER LINE EASEMENT
(Made and executed in duplicate)
03
O
THE GRANTOR, ELGIN AIRPORT INN, INC. , of Elgin, Illinois, an
Illinois corporation, for and in consideration of the sum of Ten Dollars ($10.00)
and other good and valuable consideration, in hand paid, HEREBY GRANTS TO
THE CITY OF ELGIN, a municipal corporation of the State of Illinois, and its
successors, a permanent easement and right-of-way, including the perpetual
right to enter upon the real estate hereinafter described at any time that said
City of Elgin may see fit or deem necessary to construct, maintain and repair
an underground water line, main or pipe for the purpose of conveying water over,
across, through and under the lands hereinafter described, together with the
right to excavate and refill ditches and trenches for the location of said water
line, mains , or pipe, and the further right to remove trees, bushes, undergrowth,
and other obstructions interfering with the location, construction, and mainten-
ance of said water line, main or pipe.
The easement and right-of-way granted herein is as follows, to-wit:
"An easement being a strip of land 10.0 feet wide running across
part of the East half of Section 2 , Township 41 North, Range 8
East of the Third Principal Meridian the center line of which is
described as follows: Commencing at the intersection of the
East line of said Section 2 with the Southerly line of a tract of
land conveyed by Roy C. Wauchope and Hazel Wauchope, husband
and wife, to the Northern Illinois Gas Company; thence Westerly
along the Southerly line 18 .23 feet for the place of beginning of
said center line of said 10.0 foot wide strip of land; thence South
00 degrees 26 minutes East, parallel with the East line of said
Section 2 , a distance of 595 .0 feet; thence South 89 degrees 08
minutes West, parallel with the Southerly line of lands conveyed
to the Northern Illinois Gas Company, a distance of 519 .0 feet
for the terminous of said center line of said 10.0 foot wide strip
of land, all of which being situated in the City of Elgin, Kane
County, Illinois .
:423 '� } � 43
•
A plat of said easement has been prepared by HOWARD A. MEADOWS,
Illinois Land Surveyor No. 1478, on September 16, 1966, and a plat of said
easement being hereto attached and made a part hereof and marked as Exhibit "A" .
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In addition to said perpetual 10-foot easement herein conveyed, the
Grantors hereby agree that the Grantee, in the initial installation of said water
401,
line, main, or pipe, may move whatever equipment and machinery that may be
necessary in the construction and installation of said water line, main, or pipe
unto the premises of the Grantors during construction, and said equipment and
machinery may rest upon and be operated from lands adjacent to said ten-foot
perpetual easement granted herein.
This easement is granted upon the express condition that the said
enclosed water line, main or pipe may be constructed and maintained a sufficient
distance beneath the surface of the above-described premises and so constructed
as to permit the Grantors to seed and maintain the surface for lawn or landscaping
purposes; and upon the express condition that in the construction and mainten-
ance of said water line, main or pipe, all damage to the surface land shall be
promptly repaired and replaced in the same condition as when the Grantee entered
upon said premises for such purpose of construction, repair or maintenance.
The expense of any future protective work to be performed by the
Grantee to insure the safety of this facility shall be the expense of the Grantee,
and any future work after the original installation by said grantee shall require
the Grantee upon completion to replace all back-filling material in a neat and
workmanlike manner, and to leave the Grantor's property in a neat, clean and
orderly condition, unless otherwise agreed to in writing by said Grantor.
Grantee shall assume responsibility for, and shall bear and pay,
all costs and expenses of any damages to real or personal property of the
Grantor, its successors or assigns, on account of or arising out of the con- o
gn
struction, operation, maintenance, reconstruction or repairs of the facilities
hereby granted to said Grantee .
In the event that the facilities hereby granted shall be abandoned r
or otherwise be discontinued by the Grantee, this easement and all rights "
VI
and privileges thereunder may be terminated and shall cease upon written
notice given to said Grantee by the Grantor. In the event of such termination,
the Grantee, if requested, by the Grantor will to the extent so requested, shall
at its own cost, risk and expense, remove any and all improvements placed in
the easement space pursuant to this easement and restore such space to the
condition it was in immediately prior to the granting of this easement.
IN WITNESS WHEREOF, the parties hereto have caused this instrument
to be executed by their respective officers thereunto fully authorized as of the
•'1 ;th day of Noverd.;er , A. D. 1966 .
11.
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r ,- , —. ELGIN AIRPORT INN, INC. ,
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I BY: di6(&-el-G� t
`-
. A CcY..�:c, Its President
ecreta y
AGREED AND ACCEPTED THE DAY, M NTH, AND YEAR ABOVE WRITTEN.
CITY OF ELGIN, Elgin, Illinois,
a municipal corporation,
Attest: .
BY: L��i�', , � 'rr�.��J-.
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.i. al i • f iiayor of Elz,in
City C/k
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STATE OF ILLINOIS )
) SS .
COUNTY OF KANE )
Doris l:Descrh , a Notary Public in and for said
County, in the State aforesaid, DO HEREBY CERTIFY that
Clyde L. S al�.s personally known to me to be the Mayor of the
CITY OF ELGIN, a municipal corporation of the State of Illinois, and
iiyrcle E. Spiegler- , personally known to me to be the Clerk of
said municipal corporation, and personally known to me to be the same persons
whose names are subscribed to the foregoing instrument, appeared before me
this day in person and severally acknowledged that as such Mayor and City
Clerk, they signed, sealed and delivered the said instrument, and caused
the seal of said City to be affixed thereof, pursuant to authority given by the
City Council of said municipal corporation as their free and voluntary act,
and as the free and voluntary act and deed of said municipal corporation for
the uses and purposes therein set forth.
GIVEN under my hand and seal this n day of tiovemh J;c.. ,
1966. ' •
C2G-2e: �4• GtJt (:G , Vii' ' O ,e 7:.
Notary Public
My Commission Expires: *
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•
STATE OF ILLINOIS ) Boolti 2373 PAGE 41
) SS.
COUNTY OF KANE )
I, Barbara J. McGuire , a Notary Public in and for said County,
in the State aforesaid, DO HEREBY CERTIFY that ALFRED H. EDWARDS, personally
known to me to be the President of ELGIN AIRPORT INN, INC. , a corporation of
the State of Illinois, and HARRY E . HANLEY, Personally known to me to be the
Secretary of said corporation, and personally known to me to be the same persons
whose names are subscribed to the foregoing instrument, appeared before me this
day in person and severally acknowledged that as such President and Secretary,
they signed and delivered the said instrument, and caused the corporate seal of
said corporation to be affixed thereto, pursuant to authority given by the Board
of Directors of said corporation as their free and voluntary act, and as the free
and voluntary act and deed of said corporation for the uses and purposes therein
set forth.
GIVEN under my hand and seal this day of
•
Notary Public
; `';-My,C i i sion Expires:
' rN
SOtit'6inber 12, 1970
1080344
STATE OF ILLIN$
KANE COUNTY ss.NO
FILED FOR RECORD
NOV 17 1966 -8 NAM
14,10 P!%?_. E. tfr "
RFMROER OF MOS