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HomeMy WebLinkAbout82-0609 W.J. Dennis Recorded • WATER MAIN EASEMENTS This Indenture, made and entered into this 9th day of June, 1982, by and between W. J. Dennis and Co. of 1111 Davis Road, Elgin, Illinois, hereinafter Grantor, and the City of Elgin, a municipal corporation of the State of Illinois, hereinafter referred to as City. WITNESSETH That in and for the consideration of one dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, Grantor does hereby grant and convey to City the following easements in, upon, across Cn and over the following described property for the purpose of construction, repair, N replace, maintaining and utilizing of a water transmission pipe and necessary appurtenances thereto. The property upon and over which the easements herein are granted and the type of easement granted are described as follows: A) Permanent 15.0 Foot Water Main Easement A 15 foot easement for Water main purposes through lot 21 of the First Addition to Miller Davis Research and Industrial Center being a subdivision of part of the Southwest Quarter of Section 33, Township 42 North, Range 8 East of the Third Principal Meridian described as follows: commencing at the Northeast corner of said lot 21 being the intersection of the East line of the Southwest Quarter of said Section 33 with the South line of Davis Rd. ; thence West along South line of Davis Rd. said South line also being the North line of said lot 21, a distance of 5.0 feet for the place of beginning; thence South, along a line parallel with the East line of said Southwest quarter, a distance of 367.46 feet to the South line of said lot 21; thence West, along said South lot line, a distance of 117.0 feet; thence North, along a line parallel with and 122.0 feet equidistant to the East line of said Southwest quarter, for a distance of 15.0 feet; thence East, along a line parallel with and 15.0 feet equidistant to the South line of said lot 21, a distance of 102.0 feet; thence North, along a line parallel with and 20.0 feet equidistant to the East line of said Southwest quarter, a distance of 352.46 feet to the North line of said lot 21; thence East, along said North lot line, a distance of 15.0 feet to the place of beginning. Being situated in the City of Elgin, Dundee Township, Kane County, Illinois and containing 0.162 acres, more or less. B) Temporary 10.0 Foot Construction Easement A 10.0 foot temporary construction easement in lot 21 of the First Addition to Miller Davis Research and Industrial Center being a subdivision of part of the Southwest Quarter of Section 33, Township 42 North, Range 8 East of the Third Principal Meridian described as follows: commencing at the North- east corner of said lot 21 being the intersection of the East line of the Southwest Quarter of said Section 33 with the South line of Davis Road; thence West, along the South line of Davis Road said South line also being the North line of lot 21, a distance of 20.0 feet for the place of beginning; thence South, along a line parallel with and 20.0 feet equidistant to the East line of said Southwest quarter, a distance of 352.46 feet; thence West, along a line parallel with and 15.0 feet equidistant to the South line of said lot 21, a distance of 102.0 feet; thence North, along a line parallel with and 122.0 feet equidistant to the East line of said Southwest quarter, a distance of 10.0 feet; thence East, along a line parallel with and 25.0 feet equidistant to the South line of said lot 21, a distance of 92.0 feet; thence North, along a line parallel with and 30.0 feet equidistant to the East line of said Southwest quarter, a distance of 342.46 feet to the North line of said lot 21; thence East, along the said North lot line, a distance of 10.0 feet to the place of beginning. Being situated in the City of Elgin, Dundee Township, Kane County, Illinois and containing 0.102 acres, more or less. //II 1615273 i) Notwithstanding any provision herein to the contrary this temporary 10.() foot construction easement shall expire on TANG 30 ii) The permanent 15.0 foot water main easement shall not be limited by (i) above but shall be a permanent easement and encumbrance run- ning with the land in perpetuity. This grant of easements is executed and granted upon the following conditions: 1. The Grantor shall have the undisturbed use of the ground herein- above described insofar as such use does not interfere with the rights herein granted to the City, except the Grantor shall not erect or place any building, or plant any tree on the above-described permanent easement, and the City shun not be liable for damages occasioned by their removal when done to protect it, facilities. 2. City shall at all thnes prosecute all work upon the premises with reasonable care, skill and diligence and shall indemnify and save halo- less Grantor from and against all claims, suits, damages, costs, losses and expenses resulting from or connected with construction or maintenance of the water transmission pipe to be constructed upon this easement. 3. City shall at City's expense, maintain said water main in good repair. • 4. Except as provided herein, City shall repair any damage to the property of Grantor casued by City, its agents or employees in constructing or maintenance of the water transmission pipe, including vegetation and fenicu: , if any. 5. Grantor warrants that he has full right and lawful authority to make the grant hereinabove contained. 6. Each and every one of tie benefits and burdens of this a ,reemcr.- shall inure to and be binding upon the respective legal representatives, heir: , executors, administrators , successors and assigns of the parties hereto. IN WITNESS WHEREOF, Grantor has caused to be hereto affixed, and : has caused its name to be signed W. J. Dennis & Company -� Bye H. C. Dennis, President Attest: Page 2 of 2 This instrument prepared by Attorney Dan Blondin 150 Dexter Ct. Flain. 111 . 60120 1 6 1 52 73 WATER MAIN EASEMENT WITH FILED FOR RECORD W. J . DENNIS & CO. KANECOUNTVJ_ 1982 AUG 30 AM ID 30 (7-- a- PIE[1 C ? r/ s 1.) so....efe_.. C & / FILED FOR RECORD KANE CODUUtY.ILL 1 6 1 5273 1982 AUG 30 AM10c30 TC-RUEt? OF' DEEDS 97)