HomeMy WebLinkAbout80-1210 Easement North Elgin Ind Plaza Recorded 717 VOLUME XLV
RESOLUTION
ACCEPTING A RELEASE AND GRANT OF EASEMENT FROM THE
AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO,`
AS TRUSTEE UNDER TRUST AGREEMENT DATED MAY 15, 1979,
AND KNOWN AS TRUST NO. 46702
OVER LOTS 35 AND 36 IN THE NORTH ELGIN INDUSTRIAL PLAZA
WHEREAS, the City of Elgin has heretofore accepted the conveyance of a
certain detention basin in the North Elgin Industrial Plaza; and
WHEREAS, the City of Elgin has heretofore accepted a grant of easement
over Lots 35 and 36 in North Elgin Industrial Plaza for purposes of ingress
and egress; and
WHEREAS, the owners of the property burdened by the easement desire to
abrogate said easement and grant an easement over the roadway system; and
WHEREAS, it is in the best interest of the City of Elgin to accept the -
release and grant of easement tendered by the owners of the property.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, '''
ILLINOIS, that Richard L. Verbic, Mayor, and Marie Yearman, City Clerk, be ;
and are hereby respectively authorized and directed to execute a release and ; +
grant of easement, a copy of which is attached hereto and made a part hereof
by reference, on behalf of the City of Elgin.
s/ Richard L. Verbic
Richard L. Verbic, Mayor
Presented: December 10, 1980
Adopted: December 10 , 1980
x ;.
Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk
•
ORDINANCE PASSED GRANTING A SPECIAL USE
FOR A HELIPORT AT 1500 EXECUTIVE DRIVE
Councilman Hill made a motion, seconded by Councilwoman Nelson
to pass the aforementioned ordinance . Yeas : Councilmen Barnes,
Gilliam, Hill , Kirkland, Nelson, Waters and Mayor Verbic. Nays:.
None.
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1. SLE) FO'F RECORD
• IK ANE CCY, ' u
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( 565913 1931 JAN ) =J
RELEASE AND GRANT OF EASEMENT
CT 'D I r_D S
This Release and Grant of Easement made and entered into as
of this 3th day of 0-OC1-LJ5.I , 1980, by and between American
National Bank and Trust Company of Chicago, as Trustee under
Trust Agreement dated May 15, 1979, and known as Trust No. 46702
("American") and the City of Elgin, a municipal corporation ("City") .
WITNESSET H:
WHEREAS, by document dated February 15, 1979, and recorded
in the Office of the Recorder of Deeds of Kane County, Illinois
on April 24 , 1980 as Document 1501360, CNA Realty Corporation
granted to City a perpetual easement ("Prior Easement") over
Lots 35 and 36 in North Elgin Industrial Plaza, being a subdivi-
sion of parts of Sections 33 and 34, Township 42 North, Range 8
East of the Third Principal Meridian, according to the Plat of
the aforesaid subdivision, recorded on September 17 , 1973, as
Document No. 1278513 in the City of Elgin, Kane County, Illinois
for the purpose of ingress and egress to the Retention Basin as
described in the Prior Easement, to permit the City ingress and f�
egress for repair and maintenance of the Retention Basin; and
WHEREAS, such Prior Easement provided that it would be a
general easement across said lots until said lots are improved
This instrument prepared by: flail To :
Michael D. Miselman City of Elgin
30 N. LaSalle Street Legal Department
Chicago, Illinois 60602 150 Dexter Court
Elgin, Illinois 60120
1565973 ��
at which time the Prior Easement shall be limited as set forth
in the grant of the Prior Easement; and
WHEREAS, American owns Lots 35 and 36 in North Elgin Industrial
Plaza and Lot 2 in the Resubdivision of Lot 37 in North East
Industrial Plaza, except those parts thereof conveyed to City by
deed dated May 19, 1980 and recorded in the Office of the Recorder
of Deeds of Kane County, Illinois as Document No. 1551500; and
WHEREAS, American desires to abrogate the Prior Easement and
City is agreeable to such abrogation, provided that American
grant to City an easement for ingress and egress to and from the
property described in the deed recorded as Document 1551500.
NOW, THEREFORE, for and in consideration of the sum of
Ten and no/100 ($10. 00) Dollars paid by each party to the other,
and other good and valuable considerations, the receipt and
sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. The preambles hereto are hereby made a part hereof.
2. City, for itself, its successors and assigns, hereby
abrogates the Prior Easement and releases and disclaims any and
all rights it may have in and to the Prior Easement.
3. American hereby grants to City and its successors and
assigns a perpetual easement over, along, under and across the
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156597
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property described on Exhibit A attached hereto and made a part
hereof for the purpose of ingress to and egress from the property
described in the deed recorded as Document 1551500.
4. It is expressly understood and agreed, anything herein
to the contrary notwithstanding, that each and all of the repre-
sentations, covenants, undertakings and agreements herein made
on the part of American while in form purporting to be the
representations, covenants, undertakings and agreements of
American are nevertheless each and every one of them, made and
intended not as personal representations, covenants, undertakings
and agreements by American or for the purpose or with the
intention of binding American personally but are made and
intended for the purpose of binding only that portion of
the trust property specifically described herein, and this
instrument is executed and delivered by American not in its
own right, but solely in the exercise of the powers conferred
upon it as trustee as aforesaid; and that no personal liability
or personal responsibility is assumed by nor shall at any time be
asserted or enforceable against the American National Bank and
Trust Company of Chicago or any of the beneficiaries under said
Trust Agreement, on account of this instrument or on account of
any representation, covenant, undertaking or agreement of
American in this instrument contained, either expressed or
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1565571
A
implied, all such personal liability, if any, being expressly
waived and released.
IN WITNESS WHEREOF, the undersigned have caused their names
to be signed to these presents on the day and year first above
written.
' AMERICAN NATIONAL BANK AND TRUST
This instrument is executed by AMERICAN NATIONAL BANK AND TRUST COMPANY COMPANY OF CHICAGO
OF CHICAGO, not personally but solely as Trustee, as aforesaid. AI! the covenants
and condtt,-ns to be pelforrnrd hareun:ctvr by At/IRV N ri TI,:''.L BAi K AND as Trustee as afore : i• , and not
TRYST C9tjPAI,Y OF
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CHIC.a" ate n-.r''z:,?n try ii s':e.y
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ani A ;,,,I,'' P,dAU. 'a'_' 1:,''..i:,./ ,•.f: ay,
individually,
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(,'re, .I 'i' . :- ,,,lid„ie-J in this By
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CITY OF ELGIN
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its C (Irk its Mayor
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56697
STATE OF ILLINOIS )
SS
COUNTY OF C O O K
MARIA E. VELEZ , a Notary Public in and for
said County and State, do hereby certify that R: YICEAEG �L�
and SIU B. Racism Second Vice Presideniand NOSTA�MT�W:1l S
respectively, of American National Bank and Tr-'ii. st Company of
Chicago, personally known to me to be the same persons whose names
are subscribed to the foregoing instrument as such Second Vice President
and mmicARTUOKTIVI appeared before me this day in person"ani`---
acknowledged that they signed, sealed and delivered said instru-
ment as their 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 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
h own free and voluntary act, and as the free and voluntary act
of Oki4,Bank for the uses and purposes therein set forth.
3.3.;,•!-1: 6.4' , ' : , er- my hand and Notarial Seal this day of
1980.
tom :
/7( 2(.4_,
{i. -( Notary Public
STATE OF ILLINOIS )
SS
COUNTY OF K A N E
IL. \-.,\r\IN.7\ ��ti _ , a Nota Public in and for
said County and�tate, do hereby certify that
and \s'i\a,,,...,; o. , Mayor and Clerk, respectively,
of the City of lgin, personally known to me to be the same
persons whose names are subscribed to the foregoing instrument
as such Mayor and Clerk appeared before me this day in
person and acknowledged that they signed, sealed and delivered
said instrument as their free and voluntary act, and as the
free and voluntary act of said City, for the uses and purposes
therein set forth; and the said C; { C,l c� l� did also
then and there acknowledge that S he, a custodian of the seal of
said City, did affix the said corporate seal of said City to said
instrument as h -4-own free and voluntary act, and as the free
and voluntary act of said City for the uses and purposes therein
set forth.
GIVEN under my`�t�}ag,�1, and Notarial Seal this \`1 day o �A,,,,�Y��
1980. ,`. L. J�
ro :• �0TAn,�•• �, v
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156597 . ..
EXHIBIT A
Property lying 10 feet on either side of the following described
center line: Beginning at a point in the North line of Lot 35
in North Elgin Industrial Plaza, according to the plat thereof
recorded September 17 , 1973 as Document 1278513 , said point being
83. 00 feet West of the Northeast corner of said Lot 35, thence
South 21° 17 ' 48" East, 40. 78 feet; thence South 30° 00' 00"
East, 18. 48 feet to a point of curvature; thence Southerly
along a curved line, being the arc of a circle convex Easterly,
tangent to the last described course and having a radius of
32. 00 feet, an arc distance of 15. 73 feet to a point of compound
curvature; thence Southwesterly along a curved line, being the arc
of a circle convex Southeasterly, tangent to the last described
curved line and having a radius of 96. 0 feet, an arc distance
of 65. 48 feet; thence South 37° 14 ' 22" West, tangent to the
last described curved line, 91. 96 feet to a point of curvature;
thence Southwesterly along a curved line, being the arc of a
circle convex Southeasterly, tangent to the last described course
and having a radius of 32. 00 feet, an arc distance of 29.47 feet;
thence South 90° 00' 00" West, tangent to the last described
curved line, 219. 02 feet to the terminus of said center line,
in Kane County, Illinois,
together with
Property lying 10 feet on either side of the following described
center line: Beginning at a point in the North line of Lot 36
in North Elgin Industrial Plaza, according to the plat thereof
recorded September 17 , 1973 as Document 1278513 , said point
being 178.50 feet West of the Northeast corner of said Lot
36; thence South 00° 00' 00" West, 216. 00 feet; thence North
90° 00' 00" East, 276. 32 feet; thence South 00° 00' 00" West,
142. 69 feet to a point of curvature; thence Southwesterly along
a curved line, being the arc of a circle convex Southeasterly,
tangent to the last described course and having a radius of
32. 00 feet, an arc distance of 32. 74 feet; thence South 58°
37 ' 12" West, tangent to the last described curved line,
314. 53 feet; thence North 31° 24 ' 48" West, 35. 00 feet to
a point of curvature; thence Northwesterly along a curved
line, being the arc of a circle convex Northeasterly, tangent
to the last described course and having a radius of 35. 00
feet, an arc distance of 41. 98 feet (the chord of which arc
bears North 65° 46 ' 22" West and measures 39. 51 feet) ; thence
North 31° 24 ' 48" West, 35. 00 feet to the terminus of said
center line, in Kane County, Illinois.
.1565971
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