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HomeMy WebLinkAbout79-0411 Big Timber/N. McLean Easement bight bet (K.1.1cLo.an 152 VOLUME XXXXIV RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT OF EASEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo I. Nelson, City Manager, be and is hereby authorized and directed to accept a grant of easement on behalf of the City of Elgin over the following legally described property: A 20.0 foot wide Utility Easement over that part of the West half of Fractional Section 3, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Beginning at the Southeast corner of Lot 1 of Big Timber Corner, being a subdivision of part of the West half of said Fractional Section 3; thence Northerly,-along the East line of said Lot 1, a distance of 150.0 feet to the Northeast corner thereof, being also a point on the Easterly right-of-way line of Sleepy Hollow Road; thence Northerly, along said Easterly right-of-way line, a distance of 20.0 feet; thence Easterly parallel with the North line of Lot 1 in said Big Timber Corner and said North line, extended Easterly, a distance of 170.0 feet; thence Southerly, parallel with the East line, extended Northerly of said Lot 1, and parallel with said East line a distance of 170.0 feet to the Northerly right-of-way line of Big Timber Road, being also the South line, extended Easterly of said Lot 1; thence Westerly, along said Northerly right-of-way line, a distance of 20.0 feet to the place of beginning, being situated in Elgin Township, Kane County, Illinois.. Eicepting,:andcresernting to Grantor, its successors and assigns, the right to construct and maintain driveways, side- walks, landscaping, light poles, curbs, parking lot improvements and appurtenances thereto upon and above the surface of the said property, together with the right to change the existing grade of the surface of the above property, in whole or in part, pro- vided that any costs incurred in relocating any utility lines installed or constructed pursuant to this easement, including adjustment of manholes, necessary by reason of any such grading shall be paid by the party performing such grading and Grantee, its successors or assigns, shall not be required to bear any cost in connection thereto. a copy of which is attached hereto and made a part hereof by reference. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: April 11, 1979 Adopted: April 1 1 , 1979 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk EASEMENT AGREEMENT THIS AGREEMENT made and entered into this day of March, 1979, by and between THE FIRST NATIONAL BANK OF ELGIN, as Trustee under Trust No. 2206, dated February 8 , 1972 (Grantor) , of Elgin, Illinois, and the CITY OF ELGIN (Grantee) , a Municipal Corporation duly organized and existing under and by virtue of the Constitution of the State of Illinois, WITNESSET H: Grantor for and in consideration of the sum of One Dollar ($1. 00) and other good and valuable consideration, receipt of which is hereby acknowledged and the further benefits to be delivered by the remaining adjacent real estate owned by Grantor (Adjacent Property) as a result of planned public im- provements, does hereby grant and convey to Grantee an easement for the construction and maintenance of an underground sewer and other underground public utilities (Utilities) (but expressly excluding the right to construct and/or maintain utilities above the surface of the ground, including, but not limited to telephone poles, light poles, pumping facilities or aboveground electrical transmission lines) in, upon and over the following described real estate in the City of Elgin, County of Kane and State of Illinois : A 20. 0 foot wide Utility Easement over that part of the West half of Fractional Section 3, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Beginning at the Southeast corner of Lot 1 of Big Timber Corner, being a subdivision of part of the West half of said Fractional Sec- tion 3; thence Northerly, along the East line of said Lot 1, a distance of 150. 0 feet to the Northeast corner thereof; thence Westerly, along the North line of said Lot 1, a distance of 150. 0 feet to the Northwest corner thereof, being also a point on the Easterly right-of-way line of Sleepy Hollow Road; thence Northerly, along said Easterly right-of-way line, a distance of 20. 0 feet; thence Easterly, parallel with the North line of Lot 1 in said Big Timber Corner and -1- said North line, extended Easterly, a distance of 170. 0 feet; thence Southerly, parallel with the East line, extended Northerly of said Lot 1, and parallel with said East line a distance of 170. 0 feet to the Northerly right-of-way line of Big Timber Road, being also the South line, extended Easterly of said Lot 1; thence Westerly, along said Northerly right-of-way line, a distance of 20. 0 feet to the place of beginning, being situated in Elgin Township, Kane County, Il- linois (Real Estate) . Excepting and reserving to Grantor, its successors and assigns, the right to construct and maintain driveways, sidewalks, land- scaping, light poles, curbs, parking lot improvements and appurtenances thereto upon and above the surface of the said prop- erty, together with the right to change the existing grade of the surface of the above property, in whole or in part, pro- vided that any costs incurred in relocating any utility lines installed or constructed pursuant to this easement, including adjust- ment of manholes, necessary by reason of any such grading shall be paid by the party per- forming such grading and Grantee, its suc- cessors or assigns, shall not be required to bear any cost in connection thereto. A plat of easement herein granted is attached hereto and made a part hereof as Exhibit "A" . This Agreement is executed and delivered upon the following terms and conditions, to wit: 1. Except as provided in Paragraph 3 of this Ease- ment Agreement, Grantor, its heirs and assigns, hereby release Grantee, its agents and employees, assigns and successors from any and all liability to Grantor for damage to the Adjacent Property resulting from this conveyance and the construction and maintenance of the Utilities, unless resulting from the failure of Grantee, its agents and employees, assigns and successors, to at all times prosecute all work upon the Real Estate with reasonable care, skill and diligence or failure of Grantee to comply with its obligations hereunder. 2. Grantor agrees that no buildings will be constructed over the Real Estate. 3. Grantee agrees at all times hereafter to indemnify and hold Grantor harmless against any loss or liability to third -2- parties arising from the execution of this Easement Agreement and the construction and maintenance of the Utilities and to make adequate provision for the safety and convenience of all prsons using the Real Estate and the Adjacent Property and the other improvements and facilities in such areas. 4. Grantee shall replace or restore the Real Estate and any improvements to the condition in which they were prior to the installation, construction and/or any maintenance of the Utilities, except for the restoration of such trees, shrubs and plants as may have to be removed in connection with any such installation and/or maintenance of the Utilities prior to the date that Grantor completes the improvement of the Real Estate and the Adjacent Property for driveway and parking pur- poses. 5. Grantee shall from the date of this Easement Agree- ment be solely and exclusively responsible for all repairs, main- tenance and replacements necessary to keep the Utilities in good operating order, including, if applicable at some later date, installation of a new sanitary sewer line over the Real Estate. Any leak or similar defect in the Utilities shall be promptly repaired by Grantee, at Grantee ' s sole expense, upon Grantee ' s receiving notice thereof. 6. At the time of development of the Adjacent Property Grantee agrees to permit Grantor to connect to the Utilities for the benefit of the Adjacent Property free of charge for hook-in fees, service charges, utilities taxes or any other similar expense or assessment. 7. This Easement Agreement shall be specifically binding upon and shall inure to the benefit of all of the owners, mortgagees, occupants, heirs, legal representatives, devisees, -3- grantees, grantors, successors and assigns from time to time of the parties to this Easement Agreement. IN WITNESS WHEREOF, this Easement Agreement has been duly executed by the parties hereto on the day and year first above written. THE FIRST NATIONAL BANK OF ELGIN, a National Banking Association, not personally but as Trustee under Trust Agreement dated February 8, 1972 and known as Trust Number 2206 Bye ATTEST: �, ,r ; 40 TRUST OFFICER rr' 1/61d Com' ASS'T SECRETARY6I CITY OF ELGIN, a Municipal Corp ra io if cd By ��� ATTEST: f� 13,..- 4,.......) �'j STATE OF ILLINOIS ) ) SS. COUNTY OF KANE ) I, the undersigned, a Notary Public in and for ,said C©unty,,; n the State aforesaid, DO HEREBY CERTIFY THAT , Cc .-z ri, `-J , personally known to me to be the TU Fi2.. ..TNATIONAL BANK OF ELGIN, a corporation, 11 • c ,�; t^4_,,,. ti -- , personally known to me to be t'- -cretary of said rpotion 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 Officers, they signed and delivered the said instrument as such Officers of said corporation 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 Notarial Seal, this / 3 day of '22/44,,, -- , 1979. . .d02, 4:_,2 �. o ary lis STATE OF ILLINOIS ) SS. COUNTY OF KANE ) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that ,„ 4 ;e,'j '1 personally known to me to be the Mayor of the CITY OF ELGIN, a municipal orporation, and ,,,Ka,,`p)arsonally known to me to be the , ►, Seere#ary of aid corporation, and personally known to me to •e the same persons whose names -4- - %.r are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Mayor and c�,. ,C.s,,,L Seeretary, , they signed and delivered the said instrumbnt as Mayor and ,, 1 of said corporation, and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority, given by the Co Lof 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 official seal, this 'IQ day ofAANcl, � � , 1979. Notaryblic -5-