HomeMy WebLinkAbout80-1223 Easement Century Oaks West Recorded iL[D xN R1.W-Iri,iih oc.. ,.. &a FILED FOR t,ECORD
KANE COUNTY,li L.
1588887 1981 SEP 23 PM 12! IS
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State of Illinois
County of Kane ss Certificate of City Clerk
City of Elgin
1, 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.
LDO FURTHER CERTIFY that the attached 's a full,true,and correct copy of
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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
City of Elgin at the said City in t' e County and State aforesaid this...49 day of
. 1971
tt Ci Clerk.
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RESOLUTION
AUTHORIZING ACCEPTANCE OF GRANTS OF EASEMENTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Leo Nelson, City Manager, be and is hereby authorized and directed
to accept grants of easement on behalf of the City of Elgin over the
following legally described property:
A. A strip of land located in the Southeast quarter of
Section 32, Township 42 North, Range 8, East of the Third
Principal Meridian falling between the following described
line an&& line running parallel thereto and located 20
feet Northerly thereof; Commencing at the Southwest corner
of the Southeast quarter of said Section 32; thence Northerly
along the West line of said Southeast quarter, a distance of
741.5 feet for the place of beginning; thence North 86
degrees 48 minutes East, a distance of 2,566.41 feet to
the center line of Sleepy Hollow Road, all being situated
in Dundee Township, Kane County, Illinois.
B. A SO foot temporary construction easement: That
part of the Southeast quarter of Section 32, Township 42
North, Range 8 East of the Third Principal Meridian described
as follows: Beginning at the Northwest corner of Lot 83 in
Century Oaks West, Unit No. 2, being a subdivision in part of
said Southeast quarter; thence Westerly along the North line
of said Century Oaks West, Unit No. 2 extended Westerly 25.0
feet; thence Northerly at right angles to said Northerly
line extended, 50.0 feet; thence Easterly parallel with said
Northerly line extended and parallel with said Northerly
line 675.0 feet; thence Southerly at right angles to the
last described course 50.0 feet to the Northerly line of said
Century Oaks West, Unit No. 2; thence Westerly along said
Northerly line 650.0 feet to the place of beginning.
C. A 5 foot wide permanent easement: That part of the
Southeast quarter of Section 32, Township 42 North, Range 8
East of the Third Principal Meridian described as follows:
Commencing at the Northwest corner of Lot 83 in Century Oaks
West, Unit No. 2, a subdivision in part of said Southeast
quarter; thence Westerly along the Northerly line of said
Century Oaks West, Unit No. 2 extended Westerly 25.0 feet;
thence Northerly at right angles to said Northerly line 20.0
feet for the place of beginning; thence continuing Northerly
along the last described course extended, 5.0 feet; thence
Easterly parallel with the Northerly line of Century Oaks
West, Unit No. 2 extended and parallel with the Northerly
line of said Century Oaks West, Unit No. 2, a distance of
675.0 feet; thence Southerly at right angles to the last
described course 5.0 feet; thence Westerly, parallel with
the Northerly line of Century Oaks West, Unit No. 2 and the
co Northerly line of Century Oaks West, Unit No. 2, extended
L) Westerly, a distance of 675.0 feet to the place of beginning.
Being situated in the City of Elgin, Kand-6c unty, Illinois.
a copy of which is attached hereto and made a part hereof by reference.
15888817 s/ Richard L. Verbic
Richard L. Verbic, Mayor
.
Presented: December 23, 1980
Adopted: December 23 , 1980
Vote: Yeas 6 Nays 0
Recorded:
Attest: This Instrument Prepared By:
Erwin Jentsch
s/ Marie Yearman Corporation Counsel
City of Elgin
Marie Yearman, City Clerk 150 Dexter Court
Elgin , Ill . 60120
312-695-6500
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ASSIGNMENT
This assignment made this 5th day of November
1980, from Knowles Electronics, Inc. , a Delaware corporation, duly
authorized to transact business in the State of Illinois, and p,.r—iant
to the terms and provisions of a "Grant of Easement" heretofore recorded
in Kane County, on February 14, 1978 as Document No. 1444403, hereinafter
called "Grantor", to the City of Elgin, a municipal corporation, organized
and existing under the laws of the State of Illinois, 150 Dexter Court,
Elgin, Illinois, hereinafter called "City".
WHEREAS, City desires to construct a storm sewer line to improve
the drainage from Century Oaks West Unit Number Two and Century Oaks Manor
Homes under and through certain premises hereinafter described; and
WHEREAS, the Grantor is willing to assign such right, privilege
and authority it now has under the "Grant of Easement" to the City to
install and maintain storm sewer lines upon the terms and conditions herein
set forth.
NOW, THEREFORE, in consideration of One Dollar ($1.00) receipt
of which ishereby acknowledged, and the covenants and conditions hereinafter
contained, the Grantor hereby assigns and transfers to the City such right,
title and interest it has under a "Grant of Easement" heretofore recorded
in Kane County on February 14, 1978 as Document Number 1444403 to install,
maintain, reconstruct, repair, replace and operate a storm sewer over,
upon, under and across the following described real estate:
A strip of land located in the Southeast quarter of
Section 32, Township 42 North, Range 8, East of the Third
Principal Meridian falling between the following described
line and a line running parallel thereto and located 20
feet Northerly thereof: Commencing at the Southwest corner
of the Southeast quarter of said Section 32; thence Northerly
along the West line of said Southeast quarter, a distance of
741.5 feet for the place of beginning; thence North 86
degrees 48 minutes East, a distance of 2,566.41 feet to
the center line of Sleepy Hollow Road, all being situated
in Dundee Township, Kane County, Illinois.
AN IN FURTHER consideration of the grant of easement, this Assign-
ment is subject to the following conditions:
1. City agrees to indemnify and save harmless the Grantor from
and against all claims, suits, damages, costs, losses and expenses in any
manner resulting from, arising out of, or connected with the rights granted
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herein. In the event of the bringing of any action, suit or suits, against
Grantor arising out of any such loss, damage, cost or expense, Grantor shall
give written notice to the City of the commk_Icement of such action, suit or
suits.
2. City agrees to prosecute all work upon the premises with
reasonable care, skill and diligence and upon completion thereof will
promptly restore all grounds, roads and sidewalks to their original condi-
tion.
3. Grantor may use the surface of said real estate, it being
understood, however, that such use shall not in any manner interfere with
or damage said storm sewer and Grantor reserves all rights under the "Grant
of Easement" to install and maintain water lines.
4. The rights and obligations of the Grantors and the City
herein shall inure to the benefit of and be binding upon their respective
successors and assigns.
IN WITNESS WHEREOF, the Grantor has caused this instrument to
be executed by the Grantor with the authority of the Board of Directors of
the Grantor.
KNOWLES ELECTRONICS, INC.
By AV `
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Vice President
Attest:) J
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STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
I, the undersigned, a Notary Public, in and for the County and
State aforesaid, do hereby certify that Robert G. Roth personally
known to me to be the Vice President of the KNOWLES ELECTRONICS, INC.
corporation, and John kHupp personally known to me to be the
- - - Secretary of said corporation, and personally known to me to be
the same persons whose names are subscribed to the foregoing instrument,
appeared before me -this day in person and severally acknowledged that as
such Vice President and _ _ Secretary, they signed and delivered
the said instrument as Vice President and - - - Secretary of said
corporation, and caused the corporate seal of said corporation to be affixed
thereto, pursuant to authority, given by the Board of Directors of said
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corporation as their free and voluntary act, and as the free and voluntary act
and deed of said corporation, for the uses and purposes therein set forth.
Given under my hand and official seal, this 5- '0 day of November,
, 1980.
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Aotary is
CommisFion expires .',A41
IN WITNESS WHEREOF, the City of Elgin has accepted the aforesaid
Assignment this day of , 1980.
CI IF ELG N,
By i AAA:hit.
Attest:
City Clerk
STATE OF ILLINOIS )
COUNTY OF KANE )
I, the undersigned, a Notary Public, in and for the County and
State aforesaid, do hereby certify that Leo Nelson, personally known to me
to be the City Manager of the City of Elgin, a municipal corporation, and
Marie Yearman, personally known to me to be the City Clerk of said corpora-
tion, and personally known to me to be the same persons whose names are sub-
scribed to the foregoing instrument, appeared before me this day in person
and severally acknowledged that as such City Manager and City Clerk, they signed
and delivered the said instrument as City Manager and City Clerk of said cor-
poration, and caused the corporate seal of said corporation to be affixed thereto,
pursuant to authority, given by the City Council of said corporation as their
free and voluntary act, and as the free and voluntary act and deed of said
corporation, for the uses and purposes therein set forth.
Given under my hand and official seal, this day of
, 1980.
Commission expires Notary Public
Consent to Assignment
Chicago Title and Trust Company, a corporation, organized under
the laws of the State of Illinois, not individually, but as Trustee under
the terms of a Trust Agreement dated the 24th day of November, 1970, known
as Trust No. 56210, hereby consents that the interest of Knowles Electronics,
Inc. , a Delaware corporation, duly organized to transact business in the
State of Illinois, and pursuant to the terms and provisions of a "Grant of
Easement" heretofore recorded in Kane County on February 14, 1978 as
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Document No. 1444403, be assigned to the City of Elgin, a municipal corpora-
tion, organized and existing under the laws of the State of Illinois, subject
to p11 the conditions and oblivations herein contained.
It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding,
that each and all of the warranties, indemnities, representations, covenants, undertakings and agreements herein made on the part
of the Trustee while in form purporting to be the warranties, indemnities, representations, covenants, undertakings and agreements
of said Trustee are nevertheless each and every one of them, made and intended not as personal warranties, indemnities,
representations, covenants, undertakings and agreements by the Trustee or for the purpose or with the intention of binding said
Trustee 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 said Trustee not in its own right, but solely in the exercise of
the powers conferred upon it as such Trustee; and that no personal liability or personal responsibility is assumed by nor shall at
any time be asserted or enforceable against the Chicago Title and Trust Company or any of the beneficiaries under said Trust
Agreement, on account of this instrument or on account of any warranty, indemnity, representation, covenant, undertaking or
agreement of the said Trustee in this instrument contained, either expressed or implied, all such personal liability, if any, being
expressly waived and released.
FORM 11 R10-71
STATE OF ILLINOIS, SS.
COUNTY OF COOK
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY, that the above named Assistant Vice President and Assistant Secretary of
the CHICAGO TITLE AND TRUST COMPANY, Grantor, personally known to me to be the
same persons whose names are subscribed to the foregoing instrument as such Assistant
Vice President and Assistant Secretary respectively, 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 Company for the uses and purposes
therein set forth; and the said Assistant Secretary then and there acknowledged that said
Assistant Secretary, as custodian of the corporate seal of said Company, caused the corpo-
rate seal of said Company to be affixed to said instrument as said Assistant Secretary's own
free and voluntary act and as the free and voluntary act of said Company for the uses and
purposes therein set forth.
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Given under my hand and Notarial Seal ` 7 " Date
Notary Public
Form 1329
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