HomeMy WebLinkAbout75-0312 Easement First National Bank 1-6- 0314.01 EQSeMer r
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RESOLUTION
ACCEPTING A GRANT OF EASEMENT OF INGRESS AND EGRESS FROM
THE FIRST NATIONAL BANK OF ELGIN AS TRUSTEE UNDER TRUST NO. 1831
WHEREAS, the City of Elgin desires to maintain, repair, improve,
clean and dredge a certain creek bed adjoining the western boundary of
property hereinafter described; and
WHEREAS, the City of Elgin requires an easement over said land for
the purposes described; and
WHEREAS, the First National Bank of Elgin as Trustee under Trust
Agreement dated October 1, 1968 and known as Trust No. 1831, has tendered
a grant of perpetual easement for said purposes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS that it hereby accepts the grant of easement made
December 20, 1974 from the First National Bank of Elgin as Trustee under
Trust Agreement dated October 1, 1968 and known as Trust No. 1831 to the
City of Elgin conveying a perpetual easement of ingress and egress over
the property described as follows:
The Westerly 25 feet of a parcel of property described
as Lot 9, 10 and 12 Lord's Park Terrace, being a subdivision
of part of Lot 16 of the County Clerk's Subdivision in the
Southwest quarter of Section 18, Township 41 North, Range 9,
East of the Third Principal Meridian, according to the plat
thereof recorded on July 16, 1965 as Document No. 19529213,
City of Elgin, Hanover Township, Cook County, Illinois; and
also, that part of Lot 11 in Lord's Park Terrace aforesaid,
described as follows: commencing at the Northwest corner of
Lot 9 in said subdivision for a point of beginning; thence
Southerly along the Westerly line of said Lot 9, 30.0 feet to
an angle point in said line; thence southerly along the West-
erly lines of Lots 9 and 12 a distance of 125.62 feet to the
Southwest corner of said Lot 12 (being also the Southeast
corner of Lot 11 in said subdivision) ; thence Northwesterly
along the Southerly line of said Lot 11, a distance of 14.85
feet; thence Northerly along a line parallel with the West-
erly line of said Lot 12 and said line extended, 150.58 feet
to a point lying 16.4 feet West (as measured on the North line
of Lot 9 extended) from the Northwest corner of said Lot 9;
thence East along the said North line extended, 16.4 feet to
the point of beginning, in the City of Elgin, Cook County,
Illinois.
s/ W. E. Rauschenberger
W. E. Rauschenberger, Mayor
Presented: March 12, 1975
Adopted: March 12, 1975
Vote: Yeas 7 Nays 0
Recorded: March 12, 1975
Attest:
s/ Margaret A. G U nk
Margaret A. Glink, City Clerk
CERTIFICATE OF CITY CLERK
STATE OF ILLINOIS )
COUNTIES OF KANE AND COOK ) SS •
CITY OF ELGIN )
I, Margaret A. Glink, DO HEREBY CERTIFY that I am the City Clerk
of the City of Elgin, 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 ACCEPTING A GRANT OF EASEMENT OF INGRESS AND
EGRESS FROM THE FIRST NATIONAL BANK OF ELGIN AS TRUSTEE
• UNDER TRUST NO. 1831"
the original of which is entrusted to my care for safe keeping.
In Witness Whereof, I have hereunto set my hand and affixed the
corporate seal of the City of Elgin at the said City in the Counties
and State aforesaid this 19th day of March , 1975 .
5ee-/
, ?irCity Clerk
(SEAL)
t
GRANT OF PUBLIC WALKWAY EASEMENT
The Grantor, First National Bank of Elgin, as Trustcc of Trust
Number 1779, being the owner of the property hereinafter described, and in
consideration of the sum of Ten Dollars ($10.00) , receipt of which is hereby ac-
knowledged, other good and valuable consideration and the mutual promises and
conditions set out herein, do hereby grant and convey to the City of Elgin, a
municipal corporation of Illinois, its successors and assigns, as grantee, a
perpetual easement for the purpose of constructing, using and maintaining a
public walkway easement over and across the property located in Elgin, Kane
County, Illinois, described as follows (the easement parcel) and subject to the
enumerated covenants and conditions set out below:
That part of the Southeast Quarter of Section 14, Township 41
North, Range 8 East of the Third Principal Meridian described as
follows: The Westerly 7 fect of the Southerly 22 feet of Lot 8,
Block 21; Also the Westerly 7 feet of the Northerly 22 feet of Lot 9,
Block 21 of J. T. Gifford's Plat of the City of Elgin. Being
situated in Elgin Township, Kane County, Illinois.
1. As long as this easement grant remains in effect, it shall be the
sole duty and responsibility of the City of Elgin to maintain in safe condition
and good repair the public walkway to be constructed on the easement parcel, and
the City of Elgin shall indemnify, hold harmless, and defend the Grantor or his
transferees, heirs, successors, or assigns frau any and all liability or claims
resulting front the City of Elgin's use of the easement parcel or the failure of
the City of Elgin to properly maintain and repair said public walkway.
2. It is understood and agreed by the Grantor and Grantee hereunder
that this grant is to be considered an easement in gross and further that the
easement granted hereby shall be used by the City of Elgin for the sole purposes
of constructing, using and maintaining a public walkway. In the event the
City of Elgin should cease or fail to construct, maintain or enjoy the easement
parcel for the purposes herein set forth, then the easement granted hereby shall
terminate; provided that written notice and a reasonable opportunity to cure any
defect have been given.
3. It is further understood and agreed by the parties hereto that this
grant of easement shall be terminated and declared null and void as to all or part
of the easement parcel in the event Grantor desires to commence construction of a
building or other i_morovement upon the easement parcel. The grant and use of said
easement shall not interfere in any way with access by the tenants and occupants of
the buildings to and from Riverside Drive at the westerly end of the property for
unloading and loading purposes.
4. It is further agreed that this grant of easement shall enure to the
benefit of and be binding on the heirs, successors, and assigns of the parties.
I
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5. In the event that the easement granted hereby shall terminate or
be terminated pursuant to the provisions of paragraph 2 or 3 of this grant, the
City of Elgin covenants and agrees to execute and deliver a release in recordable
form as may be necessary or required to evidence such termination of record.
For convenience such instrument of release may run to "the owner or owners and
parties interested" in the Easement Parcel.
IN WITNESS WHEREOF, THE GRANTOR sets his hand hereto this 18th day of
March , 1975.E
Randle E. Johnson, Trust Officer
STATE OF ILLINOIS )
COUNTY OF KANE )
I, the undersigned, a Notary Public in and for the said County and
State aforesaid, do hereby certify that Randle E. Johnson, 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, sealed
and delivered this instrument as his free and voluntary act for the uses and
purposes thereon set forth.
Given under my hand and notarial seal this 18th day of March
1975.
1 L - 6t
Nota bl'c
AGREED AND ACCEPTED this f,f
18th day of March , 1975:
CITY OF ELGIN, KANE COUNTY, ILLINOIS
By
Leo I. Nelson, City Manager
Attest:
City Clerk
This document prepared by:
Russell H. Boothe
City of Elgin
150 Dexter Court
Elgin, IL 60120
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