HomeMy WebLinkAbout80-0617 Easement- Garden Quarter Assn. Recorded • : FILED
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.prII�L.p!,!.•'_SAL4_ AND GRANT OF EASEMENT
THIS BILL OF SALE AND GRANT OF EASEMENT Made this 17th day of
June , 1980 , between THE CITY OF ELGIN , a municipal corporation ,
incorporated under the laws of the State of Illinois , hereinafter
referred to as " Elgin" , and GARDEN QUARTER I ASSOCIATION , an Illinois
not- for-profit corporation , hereinafter referred to as "Grantor" ;
WITNESSETH :
WHEREAS , Grantor is a homeowner ' s association and owner of
certain real estate situated within the Elgin Garden Quarter Development
legally described in Exhibit "A" , attached hereto and incorporated as
a part of this document , hereinafter referred to as the "Land Parcel " ,
and is the owner of sewers , water lines and water mains together with
appurtenances thereto , in , over , across , under and through the real
estate described herein ; and
WHEREAS , Grantor has the authority to grant an easement to any
public agency or authority including Elgin pursuant to paragraph 1 (b) ,
Easements of Use and Enjoyment , of Article IV , Easements and Property
Rights in Common Area , of a certain document entitled "Declaration of
Covenants , Conditions and Restrictions of Garden Quarter I Association" ,
hereinafter referred to as the "Declaration" , dated June 21 , 1971 and
recorded in the Office of the Recorder of Deeds of Kane County ,
Illinois on June 21 , 1971 as Document No . 1194625 ; and
WHEREAS Grantor has recorded an instrument entitled "Consent to
Grant of Easement to City of Elgin" on May 15 , 1980 as Document No.
1543380 in the Office of the Recorder of Deeds of Kane County ,
Illinois , which instrument was signed by members of Garden Quarter I
Association entitled to cast two-thirds (2/3rds ) of the votes of the
membership agreeing to this Grant of Easement , as required in paragraph
1 (b) Easements of Use and Enjoyment of Article IV , Easements ,
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and Property Rights in Common Area , of the Declaration , which Document
No. 1543320 is incorporated by reference as a part of this Grant of
Easement ; and
WHEREAS , Grantor desires to transfer its interest in the sewers ,
water lines and water mains together with appurtenances thereto and grant
an easement in , over , across , under and through the Land Parcel and has
followed the procedures established by Elgin ; and
WHEREAS , Elgin is willing to accept such improvements and
easement and provide maintenance;
NOW , THEREFORE , IN CONSIDERATION OF THE RECITALS STATED HEREIN
AND ONE DOLLAR ($1 .00 ) IN HAND PAID BY THE CITY TO GRANTOR , THE
RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED , AND OTHER GOOD AND VALUABLE
CONSIDERATIONS , THE PARTIES HEREBY AGREE AS FOLLOWS :
1 . Grantor hereby assigns , transfers , and sells to Elgin , all
of its right , title and interest in and to sewers , water lines and
water mains , together with appurtenances thereto , located in , over ,
across , under and through the Land Parcel . All warranties of quality,
fitness and merchantability are hereby excluded . Grantor does not
grant to Elgin any right , title or interest in and to water or sewer
lines located under dwelling units , garages , swimming pools or other
structures , nor service lines providing service to individual dwelling
units .
2 . Grantor grants , releases , assigns , sets over, sells and quit
claims unto Elgin a perpetual right-of-way or easement forever, over,
and across the Land Parcel for the purpose of operating , reconstructing ,
maintaining , repairing and replacing any and all presently existing
water, sanitary sewer and storm sewer equipment and facilities located
on the Land Parcel .
3 . The perpetual easement granted herein shall be an easement
in gross in favor of Elgin and shall burden the Land Parcel and the
covenants, agreements , terms , conditions , obligations , rights and
interests herein contained or provided for shall be likewise binding
upon and shall inure to the benefit of Grantor, its successors ,
grantees , lessees and assigns .
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4 . 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 Elgin ' s maintenance or repair of such utilities , other than
restoration of street and parking lot pavement and sidewalks .
5 . Grantor agrees that no structure or building shall be construc-
ted upon this easement without the express written approval of Elgin .
6 . Grantor and its successors , assigns , transferees and grantees
may give to any public or other utility , rights to install and maintain
equipment for utility services in the Land Parcel , where the same is
not in conflict with rights granted to Elgin , provided that such other
utilities first obtain consent and approval of the construction and
location of such utilities within the Land Parcel from Elgin .
IN WITNESS WHEREOF , the parties have set their hands and seals
the date first above wri tten .
GARDEN QUARTER I ASSOCIATION ,
an Illinois not-for-profit
corporation ,
Grantor
By :
President
Attest :
/ 63z1.(A, t,
. Secretioy`
1547492 -3-
•
STATE OF ILLINOIS
) SS
COUNTY OF KANE )
I , the undersigned , a Notary Public in and for said County and
State aforesaid , DO HEREBY CERTIFY That Charles S . Forsythe and
Dorothy [3rust , President and Secretary , respectively , of Garden Quarter
I Association , an Illinois not-for-profit corporation , personally known
to me to be the same persons whose names are subscribed to the foregoing
instrument as such President and Secretary appeared before me this day
in person and acknowledged that they signed and delivered said instru-
ment as their own free and voluntary act and as the free and voluntary
act of said corporation for the uses and purposes therein set forth ;
and the said Secretary acknowledged that she , as custodian of the
corporate seal of said corporation , did affix said corporate seal to
said instrument as her own free and voluntary act and as the free and
voluntary act of said corporation for the uses and purposes therein
set forth .
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Given under my hand and notarial seal this AU day of A
1980 .
(jeel
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No ary Publ ' c
THE TY OF ELGIN , a
�, ( '
'rte . muni pal c rporat ' • n , I1
i �.
Elgi ►'
By : 'J
Attest:
City Clerk
STATE OF ILLINOIS
) SS
COUNTY OF KANE )
I , the undersigned , a Notary Public in and for said County and
State aforesaid , DO HEREBY CERTIFY That Leo Nelson, City Manager and
Marie Yearman and City Clerk , respectively ,
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of The City of Elgin , a municipal corporation , personally known
to me to be the same persons whose names are subscribed to the foregoing
instrument as such City Manager and City Clerk appeared before me this
day in person and acknowledged that they signed and delivered said instru-
ment as their own free and voluntary act and as the free and voluntary
act of said corporation for the uses and purposes therein set forth ;
and the said City Clerk acknowledged that she , as custodian of the
corporate seal of said corporation , did affix said corporate seal to
said instrument as her own free and voluntary act and as the free and
voluntary act of said corporation for the uses and purposes therein
set forth .
Given under my hand and notarial seal this 17th day of June
1980 .
Notary Pub ic
THIS DOCUMENT WAS PREPARED BY :
Daniel A. Weiler
Gromer , Abbott , Wittenstrom & Strom
•
Attorneys at Law
Suite 300 Elgin National Bank Building
P . O . Box 904 , • ,
Elgin , Illinois 60120 „.-...... •
312/741-6700
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EXHIBIT "A"
LOTS A-36 AND B-34 , OF THE SUBDIVISION OF LOTS A & B OF
LADD ' S ELGIN GARDEN QUARTER ; IN THE CITY OF ELGIN , KANE
COUNTY , ILLINOIS ;
LOT F-43 OF THE SUBDIVISION OF LOT F OF LADD ' S ELGIN
GARDEN QUARTER; IN THE CITY OF ELGIN , KANE COUNTY , ILLINOIS ;
LOT G-44 OF THE SUBDIVISION OF LOT G OF LADD ' S ELGIN GARDEN
QUARTER ; IN THE CITY OF ELGIN , KANE COUNTY , ILLINOIS .
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SCE.310
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