HomeMy WebLinkAbout80-0312 Recorded Kennington Square Easements a
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State of Illinois
County of Kane ss Certificate of City Clerk
City of Elgin
I, Marie Yearman, 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 CERT that the attached is a full,true,and correct copy of
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4.41-46/ 1 �.
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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
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City of Elgin at the said City in the County and State aforesaid this l / day of
. .. , 193 0 2543199...,
City rk.
(SEAL)
2543193"
RESOLUTION
ACCEPTING GRANTS OF TEMPORARY AND PERMANENT EASEMENTS FOR
SANITARY SEWER PURPOSES FOR KENNINGTON SQUARE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby accepts a grant of a temporary easement legally described
as follows:
A 60.0 foot wide easement being 45.0 feet Northerly
of and 15.0 feet Southerly of the following described line;
Commencing at the Southeast corner of said Fractional Sec-
tion 7; thence North 00 degrees 46 minutes East along the
East line of said Fractional Section 7, a distance of 1322.4
feet; thence South 86 degrees 57 minutes West, a distance of
1134.4 feet; thence North 2 degrees 15 minutes East, a
distance of 15006 feet for the place of beginning; thence
North 86 degrees 57 minutes East along said line, a distance
of 60.0 feet for the terminus of said line. Being situated
in Hanover Township, Cook County, Illinois.
for the purpose of enabling Kenneth Kresmery to construct a sanitary sewer
for public purposes, a copy of which is attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that it hereby accepts a grant of permanent
easement, legally described as follows:
A 15,0 foot wide easement over that part of the East
Half of Fractional Section 7, Township 41 North, Range 9
East of the Third Principal Meridian, the center line of which 44
is described as follows: Commencing at the Southeast corner Ca
of said Fractional Section 7; thence North 00 degrees 46 minutes I■►
East along the East line of said Fractional Section 7, a distance CO
of 1322.4 feet; thence South 86 degrees 57 minutes West, a
distance of 1134.4 feet; thence North 2 degrees 15 minutes East,
a distance of 15.06 feet for the place of beginning of the center
line of said 15.0 foot wide easement; thence North 86 degrees 57
minutes East along said center line, a distance of 60.0 feet
for the terminus of the center line of said 15.0 foot wide Sani-
tary Sewer easement, being situated in Hanover Township, Cook
County, Illinois.
for the operation and maintenance of a sanitary sewer, a copy of which is
attached hereto as Exhibit B.
BE IT FURTHER RESOLVED that the City Council is hereby authorized and
directed to cause the grants of easement hereby accepted to be recorded in
the Office of the Recorder of Deeds of Cook County, Illinois.
s/ Richard L. Verbic
Richard L. Verbic, Mayor
Presented: March 12 , 1980
Adopted: March 12 , 1980
Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk
GRANT OF TEMPORARY EASEMENT
In consideration of the sum of one dollar and other
valuable consideration, THE FIRST NATIONAL BANK OF ELGIN, not
personally but as Trustee under Trust No. 2017 dated July 21,
1970, (hereinafter sometimes called the "Grantor" ) , hereby gives
and grants to the CITY OF ELGIN, a municipal corporation of Kane
County, Illinois (hereinafter sometimes called the "City" ) , a
temporary easement (herein called the "Easement" ) to use the
following described real estate (herein called "Real Estate" )
to-wit : A 60. 0 foot wide easement being 45. 0 feet
Northerly ofand15 . 0 feet Southerly
of the following described line; Commencing at the
Southeast corner of said Fractional Section 7;
thence North 00 degrees 46 minutes East along the
East line of said Fraction Section 7 , a distance
of 1322 . 4 feet; thence South 86 degrees 57 minutes
West, a distance of 1134 . 4 feet; thence North 2
degrees 15 minutes East , a distance of 15 . 06 feet
for the place of beginning; thence North 86 degrees
57 minutes East along said line, a distance of
60. 0 feet for the terminus of said line. Being
situated in Hanover Township, Cook County, Illinois;
for the purpose of enabling Kenneth Kresmery, 218 Jounue Avenue,
Elgin, Illinois (hereinafter sometimes called "Kresmery" ) to
construct and install a sanitary sewer beneath the surface of GI
4
said Real Estate, together with manholes and other appurtenances
thereof (herein collectively referred to as the "Sewer Facility" ) Es,
upon and subject, however, to the terms and conditions hereinafter
contained.
1. Kresmery will construct and install the Sewer
Facility lien free and in a good and workmanlike manner, and
with reasonable care, skill and diligence; and upon completion
of construction and installation of the Sewer Facility ,
Kresmery will promptly restore the surface of the Real Estate
together with all shrubs, grass and sod that may be
located thereon, provided, however, that the Kresmery shall not
be required to replace any trees that may have been removed from
the Real Estate in connection with the construction and install-
ation of the Sewer Facility.
Exhibit A
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2. This Grant of Temporary Easement shall remain in
full force and effect until November 30 , 1980 . The period
from the date hereof to such date of November 30 , 1980 , shall
herein be referred to as the "Period of Grant . " The expiration
of this Grant of Temporary Easement shall not extinguish the
obligations of Kresmery hereunder, including but not limited
to the obligations set forth in Paragraph 4 hereof.
3 . The Grantor agrees that no buildings shall be con-
structed upon the Real Estate. During the Period of Grant Grantor
shall have and hereby reserves the right to use and permit others
to use the Real Estate for all purposes not inconsistent with
the rights and privileges herein granted to Kresmery.
4 . Kresmery agrees to assume all responsibility for,
and to indemnify and save Grantor harmless from and against, all
loss, cost, damage, expense (including court costs and attorneys
fees) , liens or claims for liens arising from or growing out
of any claim for lien, injury to or death of any person , or
any damage to or loss of any property, including but not limited
to property of the Grantor, and due to or resulting from the con- m
struction and/or installation of. the Sewer Facility or the exer- 0
cise of the rights and privileges herein granted to the City, P.
and as a condition to starting construction of the Sewer Facility
Kresmery shall deposit with Grantor one or more policies of public
liability insurance naming Grantor as an additional insured, in
form satisfactory to Grantor.
5. This Grant of Temporary Easement is executed pursuant
to and in the exercise of the power and authority granted to and
vested in the Grantor by the terms of said deed or deeds in trust
delivered to said Trustee in pursuance of the trust agreement
above mentioned.
IN WITNESS WHEREOF, the Grantor has caused its corporate
seal to be hereto affixed, and has caused its name to be signed to
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•
Rev.
these presents by its Vice President-Trust Officer and attested
by its Assistant Secretary the day and year first above written.
THE FIRST NATIONAL BANK OF ELGIN
as Trustee as aforesaid
By (:)e,)(• •
.' • YYVs
Its Vi: e dent gust Officer
•
It. Assistant ecret .._ �y
STATE OF ILLINOIS )
SS. „,
COUNTY OF K A N E )
I ,
t ;���. - �.� 1�[,( �� _, a NOTARY PUBLIC in and
for said County, in the state afores id, DO HEREBY CERTIFY, that
6a1 k . Vi-c-e President- rust Officer of
THE FIT NATIONAL BANK OF ELGIN -
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Assistant Secretary of said bank, per ona)lly(-knownito me to be the
same persons whose names are subscribed to the foregoing instrument
as such Vice President-Trust Officer and Assistant Secretary res-
pectively, appeared before me this day in person and acknowledged
that they signed and delivered the said instrument as their own
free and voluntary act, and as the free and voluntary act of said
bank, for the uses and purposes therein set forth; and the said
Assistant Secretary did also then and there acknowledge that he ,
as custodian of the corporate seal of said bank, did affix the
said corporate seal of said bank to said instrument as his own
free and voluntary act and as the free and voluntary act of said
bank, for the uses and purposes therein set forth.
GI/VEN under my hand and Notarial Seal this ay
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Notary :h „ i�......e• �- .
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The foregoing Grant of Temporary Easement is hereby
accepted this 12„ day of LAX , 19 E.a
THE CITY OF ELGIN
By (2.4U�Ci' I"C
Its 'P-11•410041.,
ATTEST:
,
Its
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728813
STATE OF ILLINOIS )
SS.
COUNTY OF K A N E )
I , the undersigned, a Notary Public in and for the said
County,, in the Stat aforesaid, DO HER BY CERTIFY, that ; ,,
,. , 1e..b C.c., 4LS19 f� , and �, i'i L?/E y2,9c//1A[l, (,r4, 0 ,e,)7.
of THE CITY OF ELGIN o are personally knob to me to be the same
persons whose names are subscri ed to the foregoing instrument as
such /(, �'4' ,ie__ --ei and D/4,6?4 L..Se. , appeared
before me /this day in persons and severally acknowledged that they
signed, sealed and delivered the said instrument of writing as
their free and voluntary act, and as the free and voluntary act
of the said municipality for the uses and purposes therein set forth,
pursuant to authority given by the City Council of said municipality
and caused the corporate seal of said municipality to be thereto
attached.
GIVEN under my hand and notarial seal this IZ day of
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1930
�Notar-y—Public
Kenneth Kresmery, being first duly sworn, hereby agrees,
in consideration of Grantor executing the foregoing Grant of
Temporary Easement, to accept, carry out and discharge all of his
obligations therein set forth, including but not limited to
. depositing one or more policies of(
(publ ' liability insurance.
''en eth Kresme .
STATE OF ILLINOIS )
SS .
COUNTY OF K A N E )
I , the undersigned, a Notary Public in and for said
County and State aforesaid do hereby certify that Kenneth Kresmery
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 the said
instrument as his free and voluntary act, for the uses and purposes
therein set forth.
CZ
GIVEN under my hand and notarial seal this 27111 day of E"4
1979.
Notary Public
This instrument was prepared by:
William W. Brady
Brady, McQueen, Martin, Callahan & Collins
80 Fountain Square Plaza
Elgin, IL 60120
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Kresmery Grant of Easement
Revised 12/13/79
•
GRANT OF EASEMENT
For the consideration hereinafter described, THE FIRST
NATIONAL BANK OF ELGIN, not personally but as Trustee under Trust
No. 2017 dated July 21, 1970 , (hereinafter sometimes called the
"Grantor" ) , hereby gives and grants to the CITY OF ELGIN , a muni-
cipal corporation of Kane County, Illinois (hereinafter sometimes
called the "City" ) a perpetual but non-exclusive easement (herein
called the "Easement" ) to use the following described real estate
(herein called "Real Estate" ) to-wit:
A 15. 0 foot wide easement over that part
of the East Half of Fractional Section 7 ,
Township 41 North, Range 9 East of the Third
Principal Meridian, the center line of which
is described as follows : Commencing at the
Southeast corner of said Fractional Section 7 ;
thence North 00 degrees 46 minutes East
along the East line of said Fractional Section
7 , a distance of 1322. 4 feet; thence South
86 degrees 57 minutes West, a distance of 1134 . 4tA
feet; thence North 2 degrees 15 minutes East, a
distance of 15. 06 feet for the place of
beginning of the center line of said 15 . 0 N
foot wide easement; thence North 86
degrees 57 minutes East along said center
line , a distance of 60 . 0 feet for the ter .41
-
minus of the center line of said 15 . 0 foot
wide Sanitary Sewer easement, being sit-
uated in Hanover Township, Cook County , Illinois ,
for the purpose of enabling the City to use , operate , maintain ,
and repair a sanitary sewer beneath the surface of said Real Estate ,
together with manholes and other appurtenances thereof (herein
collectively referred to as the "Sewer Facility" ) , upon and subject ,
however , to the terms and conditions hereinafter contained.
The Easement herein granted is granted to and accepted
by the City upon and subject to the following terms and conditions :
1. The Grantor agrees that no buildings shall be con-
structed upon the Real Estate. The Grantor shall have and hereby
reserves the right to use and permit others to use the Real Estate
for all purposes not inconsistent with the rights and privileges
herein granted to the City. The City agrees to assume all respon-
sibility for, and to indemnify and save Grantor harmless from and
Exhibit B
•
against, all loss, cost, damage, expense (including court costs
and attorneys ' fees) , liens or claims for liens arising from or
growing out of any claim for lien, injury to or death of any
person, or any damage to or loss of any property, including but
not limited to property of the Grantor, and due to or resulting
from the operation, maintenance, use or existence of the Sewer
Facility or the exercise of the rights and privileges herein
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granted to the City.
2. Grantor, and its grantees, successors and assigns , ,
shall have and hereby reserve the right to relocate all or any
part of the Sewer Facility at its sole cost and expense, provided
that the relocation of the Sewer Facility shall not impair the
service provided by the Sewer Facility, and provided further that
the Grantor, or its grantees, successors and assigns, shall grant
or shall obtain for the City all easements necessary to construct,
install, maintain, use or operate the Sewer Facility as relocated.
3. Construction of the Sewer Facility and any relocation
thereof shall be in accordance with applicable statutes , ordinances
and regulations.
4 . The City acknowledges and agrees that in considera-
tion of the grant of the Easement and the rights and privileges herein
contained and granted to the City, Grantor and its grantees ,
successors and assigns , shall have the right to make connections
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to and with the Sewer Facility for the purpose of obtaining W
sanitary sewer service to all or any part of the real estate
of the Grantor described in Exhibit A attached hereto and by '1
this reference thereto hereby incorporated and made a part hereof,
and the city acknowledges and agrees that such connections to and
with the Sewer Facility may be made without any payment whatsoever
to the City.
5. This Grant of Easement is executed pursuant to and in
the exercise of the power and authority granted to and vested
in the Grantor by the terms of said deed or deeds in trust delivered
to said Trustee in pursuance of the trust agreement above mentioned.
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IN WITNESS WHEREOF, the Grantor has caused its corporate
seal to be hereto affixed, and has caused its name to be signed to
these presents by its Vice President-Trust Officer and attested
by its Assistant Secretary the day and year first above written.
THE FIRST NATIONAL BANK OF ELGIN
as Trustee as aforesaid
Its Vi?ce,'" sident-Trust Officer
,vim.`
sfi . ''•a
is Assistant Se iet '
STATE OF ILLINOISt r � � ;
A �
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COUNTY OF K A N E ) '�l'i : : .``•�
I , =\- r ArtV,, i` , i-- 1 111ci� , a NOTARY PUBLIC in
and for said County_,, in the state afor said, DO HEREBY CERTIFY,
that a k_ y , ; _L -,1(1 V-i- e-President-Trus Off ' cer
of THE FIRST NATIONAL BANK OF ELGIN (-.if'C,1 � @„ . ',--)1(111-
Assistant Secretary of said bank, personal' known to me to be the
same persons whose names are subscribed to the foregoing instrument
as such Vice President-Trust Officer and Assistant Secretary res-
pectively, appeared before me this day in person and acknowledged
that they signed and delivered the said instrument as their own
free and voluntary act, and as the free and voluntary act of said
bank, for the uses and purposes therein set forth; and the said
Assistant Secretary did also then and there acknowledge that he,
as custodian of the corporate seal of said bank, did affix the
said corporate seal of said bank to said instrument as his own
free and voluntary act and as the free and voluntary act of said
bank, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this, .. {-+oE� ,`,
, i t k ) I (LL t' , 1979. z. : -
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Notary Pu`blic's•, ,"! •F••`4K 4$
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The foregoing Grant of Easement is hereby accepted
this 1,
(�� day of q , 19
THE CITY OF ELGIN
By )(16444147 /Z: C/.GA.f ,
Its 0),74447401.0
ATTEST:
Its 0.� 7 0 ..e SL O )
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728812
STATE OF ILLINOIS )
SS .
COUNTY OF K A N E )
I, the undersigned, a Notary Public in and for the said
County, in the State aforesaid, DO B
HER Y CERTIFY, that f / ,- 4
1,.•i1 �e_. , 6''-G/7 � andi.e./.9g/6- ff fP�. l 11
of THE CITY" OF ELGIN who are personally known to me to be the same
persons whose names are subscribed to the foregoing instrument as
such L/ 00 President and ef �,l.;,ey , S e-tary, appeared
before me this day in person and everally acknowledged that they
signed, sealed and delivered the said instrument of writing as
their free and voluntary act, and as the free and voluntary act
of the said municipality for the uses and purposes therein set forth,
pursuant to authority given by the City Council of said municipality
and caused the corporate seal of said municipality to be thereto
attached.
GIVEN under my hand and notarial seal this � L,— day of
i� eL �� , 199
Notary-Public
ER
tt
This instrument was prepared by:
William W. Brady
Brady, McQueen, Martin, Callahan & Collins
80 Fountain Square Plaza
Elgin, IL 60120
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Grant of Easement - Exhibit A
(Kresmery)
EXHIBIT A TO GRANT OF EASEMENT FROM THE FIRST
NATIONAL BANK OF ELGIN NOT PERSONALLY BUT AS
TRUSTEE UNDER TRUST NO. 2017 DATED JULY 21, 1970
TO CITY OF ELGIN, A MUNICIPAL CORPORATION OF
KANE COUNTY, ILLINOIS
That part of the East half of fractional Section 7 ,
Township 41 North, Range 9 , East of the Third Principal
Meridian, described as follows : Commencing at the
South East corner of said fractional Section 7 , thence
North 0 degrees, 46 minutes East along the East line of
said fractional Section 7 , 1322 . 4 feet, thence South
86 degrees, 57 minutes West, 530. 5 feet for a point of
beginning, thence South 86 degrees, 57 minutes West 603 . 9
feet, thence North 2 degrees, 15 minutes East, 2792. 5
feet to a point in the center line of the highway, thence
South 89 degrees, 36 minutes East along said center line
529. 0 feet, thence South 0 degrees, 46 minutes West,
parallel to the East line of said fractional Section 7 ,
2754. 0 feet to the point of beginning, in Hanover Town-
ship, Cook County, Illinois , except for that part of
the east 1/2 of fractional Section 7 , Township 41
North, Range 9 east of the Third Principal Meridian
described as follows : Commencing at the South East
corner of said fractional Section 7 ; thence North 0
degrees 46 minutes East along the East line of said
fractional Section 7 , 1322. 4 feet; thence South 86
degrees 57 minutes West, 530. 5 feet for a point of begin-
ning; thence South 86 degrees 57 minutes West 603. 9 feet;
thence North 2 degrees 15 minutes East, 1115. 26 feet;
thence North 86 degrees 57 minutes East, a distance
of 574. 28 feet to a part on a line that bears South
1 degree 21 minutes 01 seconds West, a distance of
1112. 62 feet to the place of beginning, excepting
therefrom the Westerly 60. 0 feet thereof (as measured
at right angles) .
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