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Home My WebLink About80-0122 Wellington Ave 1<80-0( a-a, le�l�n - Ave. 52 VOLUME XLV RESOLUTION AUTHORIZING AN EASEMENT AGREEMENT WITH THE SANITARY DISTRICT OF ELGIN WHEREAS, it is necessary and desirable to establish a roadway at the end of lower Wellington Avenue to facilitate the safe movement of 0 motor vehicles; and WHEREAS, the Sanitary District of Elgin is willing to permit the use of certain property owned by it for such purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Leo I. Nelson, City Manager, and Marie Yearman, City Clerk, are respectively authorized and directed to execute on behalf of the City of Elgin an easement agreement with the Sanitary District of Elgin, a copy of which is attached hereto and made a part hereof by { reference. s/ Richard L. Verbic kichard L. Verbic, Mayor Presented: January 22 1980 Adopted: January 22 1980 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk ORDINANCE PASSED AMENDING THE ZONING ORDINANCE OF THE CITY OF ELGIN TO ADD PLANNED UNIT DEVELOPMENT AS A SPECIAL USE IN THE 0-LIMITED OFFICE DISTRICT Councilman Hill made a motion , seconded by Councilman Kirkland <' to pass the aforementioned ordinance. Yeas : Councilmen Barnes , Gilliam, Hill , Kirkland , Nelson, West and Mayor Verbic . Nays : None. , 4 P , II', ti^ q7 r . 1,1 • p • EASEMENT AGREEMENT WHEREAS , the SANITARY DISTRICT OF ELGIN, a municipal corporation, of Kane and Cook Counties , Illinois , is the owner of the real estate hereinafter described on Exhibit A, which is attached hereto and made a part hereof, and, WHEREAS , the CITY OF ELGIN, a municipal corporation, of Kane and Cook Counties , Illinois , is interested in the use of a portion of the property described on Exhibit A for roadway and turn-around purposes , for its use and the use of persons using "lower Wellington Avenue" ; and WHEREAS , the SANITARY DISTRICT OF ELGIN, is willing to assist the CITY OF ELGIN in such matters , IT IS THEREFORE AGREED THAT: 1. The SANITARY DISTRICT OF ELGIN grants to the CITY OF ELGIN, an easement for roadway and turn-around purposes over that portion of the SANITARY DISTRICT OF ELGIN property described on Exhibit A as is outlined in red on Exhibit B which is attached hereto and made a part hereof. 2 . The CITY OF ELGIN may improve the surface of such area as the CITY OF ELGIN may desire , and may make the area available on a limited or unlimited basis for City use and/or citizens ' use. 3 . This Easement and Agreement shall continue in force, unless terminated by the SANITARY DISTRICT OF ELGIN, following One Hundred Eighty (180) days ' written notice to -1- • the CITY OF ELGIN. 4. The SANITARY DISTRICT OF ELGIN, in principal, agrees to make such real estate available to the CITY OF ELGIN, unless through expansion and improvements or otherwise, the SANITARY DISTRICT OF ELGIN is in need of the space immediately adjacent to its lift station, commonly known as Station 31, in which case, the SANITARY DISTRICT OF ELGIN may improve, expand or otherwise modify Station 31, including using all or a portion of the Easement area. IN WITNESS WHEREOF, this Agreement has been executed by the President and attested by the Clerk of the SANITARY DISTRICT OF ELGIN, following the adoption of a Resolution by the Board of Trustees of said District, on the !S- day of January, 1980. SANITARY DISTRICT OF ELGIN, a municipal corporation Its e/'dent ATTEST: Clerk CI OF GIN m icipal corporation By is ATTEST: is -2- STATE OF ILLINOIS ) )SS. COUNTY OFKANE ) I, the undersigned, a Notary Public , in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that WA/24,44 (. G� .402,, , President and js.choe; r_ Clerk of the SANITARY DISTRICT OF ELGIN, who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Clerk, appeared before me this day in person and severally acknowledged that they signed, sealed and delivered the said instrument of writing of the said corporation for the uses and purposes therein set forth, pursuant to authority given by the Board of Directors of said corporation and caused the corporate seal of said corporation to be thereto attached. Given under my hand and notarial seal this day of , 1980. tary Public STATE OF ILLINOIS ) ) SS. COUNTY OFKANE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that LCJ10 /1/50 KJ ,lit tikiwiC12, and aa rzle L tz.vlkk' , (1 Clerk, who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such(7,I/and_ and Vi I -3- Clerk, appeared before me this day in person and severally acknowledged that they signed, sealed and delivered the said instrument of writing of the said corporation for the uses and purposes therein set forth, pursuant to authority given by the } . ov^,4J( of said corporation and caused the corporate seal of said corporation to be thereto attached. GIVEN under my hand and notarial seal this day of ^ , A. D. 1980. Noy Pub i -4- The south seven ( 7) rods of Lot seven ( 7) of Wm. E. Bent ' s Addition to Elgin, except that portion heretofore conveyed by William Grote et al. to M. J. 'Mandelbaum by deed dated December 14, 1901 , recorded in the nf_f_:_; __ of Kane__ 9u1ntvi_ Illino s , _-i,n Book 410_ at pare509., ' Also part of the east fraction of the Southwest Quarter of Section • 24, Tovmship 41 North, Range 8 East of the Third Principal Meridian, - described as follows: Commencing at a point on the easterly bank of Fox River twenty-nine (29) links south of an elm tree marked "A x A" (in the year 1845) about four (4) chains south of the north line of the Southwest Quarter of said Section 24; thence south eighty-nine and one-half (89-1/2) degrees east to the easterly line of the premises conveyed by William Grote et al. to M. J. ;.:andelbaum, by the deed above mentioned, for a place f beginning; thencesouth eighty-nine and one-half (89-1/2) degrees east eD the westerly line of the right-of-way of the Chicago and North Western Railway Company; thence southwesterly along said westerly right-of-way line twelve and nine-hundredths, (12.09) chains; thence north eighty-nine and one-half (89-1/2) degrees west two •(2) rods; thence northerly 'parallel . with the westerly line of said right-of-way four (4) rods; thence north eighty-nine and one-half ( 89-1/2( degrees west fifty-one and one-half (51-1/2)'' feet to the easterly line of the premises conveyed to M. J. L ande lbaum by the deed above mentioned, and thence northerly along the easterly line of said premises to the point of beginning; Excentin therefrom the premises conveyed by William Grote et al. to Charles S. McCormack and S. R. Moore by deed dated November 17, 1906, and recorded in the Recorder' s Office of Zane County, Illinois, in Book__ _ 483 at page 522. EXHIBIT A E � V V N, m k . "�of or �. 0 . l�l � �, � o t. ° m � � om �i N o - m L °O tc) • ii>;_f_/_, f6 r k96°0- 17 �� as °)L/ J El 0 - 6 boo - ) �� W ( . to r • Cr �S` L�� r -U/—�.,Di. // I. r a `1S V`�o. � � S.8 *Ls-/ � ry % '�Fi `- /00 - / r —I 6/,.4 oo �` fin"/S 6°°. ill 1 C\ BOO ' �� • S r „ r �► - • r /�/ // • 2 0 g 7 ... .. • .. .. .. : ..liv0.0,.,:i..,...,?: ..7...i... .,. ..• •.......;,...,.. ........s..0_0__:„7,,,.. ..______„. •• •.. ........ ,,.... . .. • ] 07 • • :1• "t: rn...... oa �00 - LJ0 ‘. , _____...............„ .. .... , ...... in a . v. •ri +2 P1 O • O N U) �. • Record recorded document to : THIS 1 :s l i;:',: :,: ►.:.:,S :,: :D v+ GEI�I ER 7.1 . LYLE C. E11 v'V.l lw ,SS i.. L:L:.�7:1 S . . Olrb Sanitary District of Elgin of „:„Raymond Street& Elgin Avenue / P.O. Box 92 / Elgin, Ill. 60120 t,. January 14, 1980 Telephone 742-2068 Mr. Leo Nelson City Manager City Hall Elgin, IL 60120 In re: Lower Wellington Easement Dear Leo : Enclosed you will find the original and copy of the Easement Agreement from the Sanitary District of Elgin which was approved by Resolution by the Board of Trustees on January 14, 1980 and is submitted to you for approval by the City Council . The executed copy should be retained by you for your files and I would appreciate it if you would return the executed original for recording. Thank you for your cooperation in this matter. Very truly yours , LY E C. BROWN Pji LCB/df TRUSTEES Harold C. Westphal, Jr. President Edwin G. Haas Vice President Jack L. Lawson Treasurer-Clerk OFFICIALS Albin D. Pagorski General Manager Gregory Hergenroeder P.E. District Engineer Lyle C. Brown Attorney (7.,,,,... .),_ . . sanitary District of Elgin ,. Raymond Street & Elgin Avenue / P.O. Box 92 / Elgin, III. 60120 January 14, 1980 , Telephone 742-2068 Mr. Malcolm E. Erickson Assistant Attorney General The Illinois State Toll Highway Authority • East-West Tollway • Oak Brook, IL 60521 In re : Contract GRE-78-804 - Plaza 9 Annexation to Sanitary District of Elgin Dear Mr. Erickson: This will acknowledge receipt of your letter of January 10 , 1980. The Board of Trustees is prepared to accept the annexation of the property and which will be shown as ordinance No. 386 , provided, however, that the sewer line will be an extension of the City lateral lines and will not be within the Sanitary District ' s control . We will , therefore, be unable to prepare a reimbursement ordinance in connection with the annexation ordinance and you should work out a reimbursement of the sewer and city lines with the City of Elgin not from the Sanitary District , Assuming this meets with your approval, we will prepare the annexation ordinance and forward a copy" of same to you for comment. Very truly y s , C22 L C. RO LCB/df TRUSTEES Harold C. Westphal, Jr. President Edwin G. Haas Vice President Jack L. Lawson Treasurer- Clerk OFFICIALS Albin D. Pagorski General Manager Gregory Hergenroeder P.E. District Engineer Lyle C. Brown Attorney