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HomeMy WebLinkAbout80-0331 80--03 3 i = . # PO.rKwood Vi 1 ICKI e. BILL OF SALE 25446 i Z; AND GRANT OF EASEMENT This Bill. of Sale and Grant of Easement is dated lir March 31 , 1980 and is made by LaSalle National Bank, a .' AL national banking association , as Trustee under a Trust Agreement dated January 31 , 1974 and known as Trust No. 45544 ( "LaSalle" ) in favor of the City of Elgin , Kane and Cook County, Illinois, a municipal corporation ( "Elgin" ) . RECITALS A. LaSalle , as the owner of the real estate legally described in Exhibit 1 attached hereto and made a part hereof ( the "Land Parcel" ) and commonly known as Park-- wood Village, Elgin, Illinois ( "Parkwood Village" ) , caused to be recorded a Declaration of Covenants , Conditions and Restrictions of Parkwood Village , dated September 16, 1974 and recorded in the Office of the Recorder of Deeds of Cook County , Illinois on October 3 , 1974 , as Document No . 22866213 , as supplemented by Supplement No. One to Declara- tion of Covenants , Conditions and Restrictions of Parkwood • Village, dated September 16, 1974 and recorded on October 10, - 1974 , as Document No . 22873469, and further supplemented by Supplement No . Two to Declaration of Covenants, Conditions and Restrictions of Parkwood Village , dated October 26, 1976 and recorded on November 3 , 1976 , as Document No. 23696768 and amended by Amendment to Declaration of Covenants, Condi- tions and Restrictions of Parkwood Village , dated November` 30 , 1976 and recorded on November 30, 1976, as Document No. 23731383 ( the "Declaration'' ) . Unless otherwise expressly BETA. ( Io.• Ltr.10) defined in this Bill of Sale and Grant of Easement , the defined terms used herein shall have the meanings provided in the Declaration. B. Subsequent to the recordation of the Declara- tion , LaSalle conveyed to various individual purchasers Lots in Parkwood Village , to be improved with and used and occupied as single family residences. C . LaSalle now desires to convey the ownership interest it retained in and to such water , sanitary sewer and storm sewer lines and facilities presently existing on and serving the Land Parcel. D. In addition to the easements specifically enumerated therein , the Declaration reserves to LaSalle the right to grant such other easements over, under or across the Properties , which , in its discretion, it deems necessary or beneficial. Ei Therefore , in consideration of One and No/100 4 Dollars ( $ 1 . 00) and other good and valuable consideration in hand paid, receipt and sufficiency of which is hereby acknow- ledged, LaSalle hereby: ( 1 ) assigns and transfers to Elgin all of its right , title and interest in and to the following described property: Pipes , manholes , inlets , hydrants , valves and all other property and equipment used in connection with water and sewer utilities located on the Land Parcel as shown on the as-built plans attached hereto and made a part hereof as group Exhibit 2 which consists of as -built plans prepared by W . A . Rakow , number D-23 , 907 , sheet 2 , dated August 24 , 1979, as-built plans prepared by W. A. Rakow , number D-24 , 075 ( revised ) . -2- sheets 2, 3 , 4 , and 5 dated August 24, 1979 and as-built plans prepared by U . S . Shelter , Inc . , revised October 29, 1979 ( the "Plans" ) . All warranties of quality , fitness and merchantability are hereby excluded . Elgin shall not be granted , nor deemed to have accepted , any right , title or interest in and to water or sewer lines located under dwelling units, garages , swimm- ing pools or other structures nor service lines providing service to individual dwelling units. ( 2 ) grants to Elgin pursuant to Article IX, Section 1 of the Declaration , a perpetual easement in favor of Elgin and its successors to operate , reconstruct , maintain , repair and replace any and all presently existing water , sanitary sewer and storm sewer equipment and facilities located on the Land Parcel. Such perpetual easement as is herein granted shall be an easement in gross in favor of Elgin and shall burden the Land Parcel and the covenants, agreements , terms, condi- F� CJ: tions , obligations, rights and interests herein contained or provided for shall be likewise binding upon and shall inure to the benefit of LaSalle , its successors , grantees , lessees and assigns. The easement granted hereby shall include the right to reasonable ingress and egress for the purposes specified herein . All permanently installed equipment and utilities shall be located underground. Elgin shall not be responsible for any site restoration of the Lots made necessary by -3- Elgin ' s maintenance or repair of such utilities, other than restoration of street and parking lot pavement and sidewalks. LaSalle agrees that Elgin ' s prior written approval shall be required in connection with ( i ) the construction of any permanent structure or building upon the easement granted hereby, and ( ii ) the granting of any additional easements by LaSalle which shall be within 10 feet of any utility line or facility as shown in the Plans. IN WITNESS WHEREOF, LaSalle has executed this Bill of Sale and Grant of Easement on the date first above written. LaSALLE NATIONAL BANK , as Trustee under a Trust Agreement dated January 31 , 1974 and known as Trust No . 45544 , and not . 'ATTEST:/- individually ridgillik V 1 X:I By / / -,1- . _ AtS1STANT Gli l s+ri� via 4w.. T t� fi iNI $ THIS INSTRUMENT PREPARED BY: 1 Robert G. Byron li Goldberg, Kohn, Bell, Black & Rosenbloom, Chartered A. -4 55 East Monroe Street Chicago, Illinois 60603 m vM RIDE R.ATT NED TO '� pD BLADE A PART OF DOCL T. _.. m Z M DATED // UNDER TRUST NO. ,V .5•5 LP,L M e This instrument is executed by LaSALLE NATIONAL SANK, not personally cbut solely as Trustee, as aforesaid, in the exercise of the power and 44 authority conferred upon and vested in it as such Trustee. All the cn a terms- provisions, stipulations, covenants and conditions to be performed ,a 'i4by LaSALLE NATIONAL ANV.. are undertaken by it solely as Trustee,. as ,4 aforesaid, and not individually and all statements herein made are "made on information and belief and are to be construed accordingly, g and no personal liability shall be asserted or be enforceable against t'LaSALLE NATIONAL SANK by reason of any of the terms, provisions,. . ,stipulations, covenants and/or statements contained in this instrument. FORE C 0421 • • ACKNOWLEDGMENT STATE OF ILLINOIS ) ) - SS COUNTY OF C O O K ) UlTa , a Notary Public in and for and residing in said County and State , DO HEREBY CERTIFY THAT Jalapa A. Clark and H. KEGEL' .u.)0iJ%Mt i 164.t.. and of LaSalle National Bank in Chicago personally known to me to be the same persons whose names are subsibed to the foregoing instrument as such EseJs�E ��}'�` ` and CCULu appeared before me this day in person and acknowledged that they signed and delivered said instrument as their own free and voluntary acts and as the free and voluntary act of said bank for the uses and pur- poses therein set forth ; and the said ?zSS.ST�Y'C 93A1i acknowledged that , as custodian of the corporate seal of said bank, did affix said corporate seal to said instrument as own free and voluntary act and as the free and volun- tary act of said bank for the uses and purposes therein set forth. iven nder my hand and notarial_seal this' day of , 1980. cu-- o ary Pu is My omission Expires : ti !S MAIL TO: City of Elgin Legal Department 150 Dexter Court Elgin, IL 60120 EXHIBIT 1 Description of Land Parcel PARKWOOD VILLAGE, UNIT ONE A subdivision of Part of the Northeast Quarter of Section 18 , Township 41 North, Range 9 East of the Third Principal Meridian in the City of Elgin , according to the Plat of said Parkwood Village Unit No . 1 , recorded October 2 , 1974 as Document No. 22865812 in Cook County, Illinois. PARKWOOD VILLAGE, UNIT TWO A subdivision of Part of the Northeast Quarter of Section 18 , Township 41 North , Range 9 East of the Third Principal Meridian in the City of Elgin according to the Plat of said Parkwood Village Unit No . 2, recorded October 2 , 1974 as Document No. 22865813 in Cook County, Illinois. curl PARKWOOD VILLAGE, UNIT FOUR A subdivision of Part of Government Lot 1 of the Northeast Quarter of Section 18, Township 41 North, Range 9 East of the Third Principal Meridian in the City of Elgin according to the Plat of said Parkwood Village Unit No . 4 , recorded November 3 , 1976 as Document No . 23696767 in Cook County, Illinois. SEE PLAT JACKET No. 25446727 REGARDING THIS PLAT -.) OCUMENT. DDcDM HAS BEEN MICROFILMED 25446727 SEE JACKET FILE Na A. MAIL TO: City of Elgin 2 5 4 4 6 7 2 7 Legal Department 150 Dexter Court Elgin, IL 60120 _ r ! ' ' 95 t/ Wd g Aber 08G6