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Home My WebLink About83-0328 Lords Park Manor Easement 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. thI DO FFURRTHIERR CERTIFY that the attached is a full, true,andel correct copy of / f r / 67 /.41.4Azi-z6viaL,--- -,z4i- .. . ...._ tel.. ...//. ? . Co ul I ii CO the'original of which is entrusted to my care for safe keeping. Ir Witri ;Whereof, I have hereunto set my hand and affixed the corporate seal of the Wi City of Elgin at the said City in the County and State aforesaid this .. ../ day of • -h �►�,- .1 , 91.3. Ci Clerk. (SEAL) 26638453 RESOLUTION AUTHORIZING ACCEPTANCE OF VARIOUS WATERMAIN EASEMENTS WHEREAS, the City of Elgin will be constructing a water trans- mission pipe; and WHEREAS, it is necessary and desirable to acquire easements over, across and upon certain real property to facilitate the construction, maintenance and repair of said water transmission pipes; and WHEREAS, the owners of said real property have agreed to grant to the City the necessary easements upon the payment of $300 and other good and valuable consideration. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that the City Manager and City Clerk be and are hereby authorized to execute the attached watermain easement grant and to take those steps necessary to secure and properly record the easements con- veyed therein. s/ William Rauschenberger Ffayor Pro Tem Presented: March 28, 1983 Adopted: March 28 , 1983 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk 04,4i/4'c oi� 7 4, ,_�(__ Cr, C►: GL 4.4 U1 tJ • WATER MAIN EASEMENTS This Indenture, made and entered into this $/ day of 1982, by and between Edward Lyng of 972 North McLean Boulevard, Elgin, Illinois, hereinafter Grantor, and the City of Elgin, a municipal corporation of the State of Illinois, hereinafter referred to as City. WITVESSETH That in and for the consideration of Three Hundred Dollars ($300.00) and other good and valuable consideration, receipt of which is hereby acknowl- edged, Grantor does hereby grant and convey to City the following right of ways and easements in, upon, under, through, across and over the following described property for the purpose of construction, repair, replace, main- taining 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 20.0 Foot Water Main Easement A 20 foot wide permanent easement for watermain purposes along and Southerly of the North property line of property located in the Southwest Quarter of Section 7, Township 41 North., Range 9 East of the Third Principal Meridian, Said property described as follows: beginning at the intersection of the Easterly right-of-way line of Hiawatha Drive with the South line of Lord's Park Manor; thence Southerly, along said Easterly right-of-way line, a distance of 241.0 feet; thence Easterly, along a line parallel to and 400 feet North of the Northerly right-of-way of State Route 58 (Summit St.) as measured along said Easterly right-of-way line of Hiawatha Drive, a distance of 492. 50 feet; thence Northerly, along a line parallel to said Easterly right-of-way line, to the South line of Lord's Park Manor; thence Westerly, along said South line of Lord's Park Manor, to the place of beginning. B) Temporary 10.0 Foot Construction Easement A 10 foot wide temporary construction easement adjacent to and 10 feet South of the South line of the permanent watermain ease- ment along the North line of said described property. Being situated in the City of Elgin; Hanover Township, Cook County, Illinois. The permanent watermain easement contains 0.23 acres, more or less, and the temporary construction easement contains 0.11 acres, more or less. i) Notwithstanding any provision herein to the contrary the temporary 10.0 foot construction easement shall expire on completion of the water main and necessary restoration work, or five years from the date hereof whichever comes first. No zoning, use or building permit application of en owner or successor owner snail oe uelayeu or aeniea oy reason of either W CX temporary or permanent easement. cn CU Page 1 of 3 • ii) The permanent 20.0 foot water main easement shall not be limited by (i) above but shall be a permanent easement and enculibranee running 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, provided, however, except as provided below 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. Parking lots and fences shall be permitted on the easement, and the City shall be responsible for repair or replacement of any damage thereof during construction or maintenance. 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, maintenance or existence 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. The City shall permit owner or successor owner equivalent of three two inch service connections without charge. 4. 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, parking lots and fences, if any. 5. Grantor warrants that he has full right and lawful authority to make the grant hereinabove contained, and promises and agrees to defend the City in its exercise of rights hereunder against any defect in title to the land involved or his right to make the grant hereinabove contained. 6. 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. ti Cn GC Page 2 of 3 Gj IN WITNESS WHEREOF, Grantor has caused his signature to be hereto affixed, GRANTOR, 11 Attest: TY OF ELii , , - Attest: A AA I, Syed Ally, do hereby state that Edward J. Lyng and Jennifer Lyng, personally known to me, subscribed their signatures to the foregoing instrument this 24th day of August, 1982. 00%141111/1/00i, ,0*-114 Subscribed and sworn to before me day of L0 %4 - 1 : - , • 2 z u.1 Nqtary Public '• St ' • 7, 4. t4,.,k,w•o` This Instrument Prepared By: G4 CC Daniel P. Blondin City of Elgin 150 Dexter Court Elgin, IL 60120 695-6500 (7.'4 . cr (JO co:d - t 12--dP Page 3 of 3