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HomeMy WebLinkAbout83-0110 New York Life Easements Recorded State of Illinois County of Kane ss Certificate of City Clerk City of Elgin I, 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. I DO FURTHER CERTIFY that the attached is a full,true,and correct copy of Resolution accepting grant of easements, C't Ti 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 the County and State aforesaid this 1 1 t h day of January , v 83 • Citoi,Clerk. (SEAL) 26638452 RESOLUTION ACCEPTING GRANT OF EASEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a grant of permanent and temporary easements from the New York Life Insurance Company for the construction, repair, replacement, maintenance and utilization of a water transmission pipe and necessary appurtenances thereto, a copy of which is attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Council is hereby authorized and directed to cause the grant of easements hereby accepted to be recorded in the office of the Recorder of Deeds of Cook County, Illinois. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: January 10, 1983 Adopted: January 10, 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk W//5- lnisrk'vMFNr 7RP-P9-RE/P J3 co U1 - L ° 3 • WATER MAIN EASEMENTS dir This Indenture, made and entered into this ij day of j:WN 1982, by and between New York Life Insurance Company of 51 Madison Avenue, New York, New York 10010, 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 and over the following described property for the purpose of construction, repair, replace, maintaining and utilizing of a water trans- mission 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 20 Foot Water Main Easement A 20 foot permanent watermain easement in the Southwest Quarter of Section 7, Township 41 North, Range 9 East of the Third Principal 'Meridian scribe. follows: 1. of tern ct; de�.,��✓�..i as "vilOk,: Beginning at the point intersection Jew.1.l vii of the West line of the Southeast Quarter of the Southwest Quarter of said Section 7 with the South line of Lord's Park Manor; thence East along said South line a distance of 401.45 feet, more or less; thence Southerly, along a line parallel with the West line of the Southeast Qiinrter of the Southwest Quarter of said Section 7, a distance of 20.0 feet; thence Westerly, along a line parallel with the South line of Lord's Park Manor, a distance of 653.67 feet, more or less; thence Northerly, along a line parallel with the West line of the Southeast Quarter of the Southwest Quarter of said Section 7, a distance of 20.0 feet to the South line of Lord's Park Manor; thence Easterly, along said South line of Lord's Park Manor, a distance of t; 252.22 feet, more or less, to the place of beginning. Being situated Cr: in the City of Elgin, Hanover Township, Cook County, Illinois and containing 0.300 acres, more or less. Ca CO B) Temporary 10 Foot Construction Easement CA A 10.0 foot temporary construction easement adjacent to and parallel with the South line of the aforedescribed permanent water- main easement and containing 0.150 acres, more or less. i) Notwithstanding any provision herein to the contrary this temporary 10.0 foot construction easement shall expire upon completion of said watermain and any necessary restoration work. ii) The permanent 20.0 foot water main easement shall not be limited by (i) above but shall be a permanent easement and encumbrance running with the land in perpetuity. Page 1 of 2 • This grant of easements is executed and granted upon the following conditions: 1. The Grantor shall not erect or place any building, or plant any tree on the above-described permanent easement, and the City shall not be liable for damages occasioned by their removal when done to protect its facilities. 2. City shall at all times prosecute all work upon the premises with reasonable care, skill and diligence and shall indemnify and save harm- 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. Except as provided herein, City shall repair any damage to the property of Grantor caused by City, its agents or employees in constructing or maintenance of the water transmission pipe, including vegetation and fences, if any. 4. Grantor warrants that he has full right and lawful authority to make the grant hereinabove contained. 5. Each and every one of the benefits and burdens of this agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties hereto. IN WITNESS WHEREOF, Grantor has caused i 4,2., to be hereto affixed, and has caused its name to be signed % ��,.uz- l�ew, Life ork Irsurance C©,mpaor ' ASSISTANT VI f 'RESI ?'T Atte lel: J. McKillop •t�•;s L./y / 2/7-1A/ 11.1 ! ---a65Ts ant Eecretaa ter'" %MO ilk McClell.prFi Page 2 of 2 C' G) Ct G'1 This instrument prepared by Dan Blondin, Attorney for the City of Elgin, 150 Dexter Ct. , Elgin, Ill . 60120 • • ..I Cn (Yl°11447Es1)/77MM 1*.7 , mow- GRANT OF EASEMENT FROM NEW YORK LIFE INSURANCE FOR WATER TRANS . PIPE . RECORDED : 6- 10-83 DOCUMENT: 26638452 C" i7 . , .. tte to c. • f ' I c- ,