The URL can be used to link to this page

Home My WebLink About87-0114Maple Ln 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. I DO FURTHER CERTIFY that the attached is a full,true,and correct copy of 4-n .t.±7o vel 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 eaid•City in the County and State aforesaid this 2'3 eg • day of ........`l!+.!11., , 19.87 Ci Clerk. (SEAL) 18.2$240 RESOLUTION AUTHORIZING AN AGREEMENT FOR THE ACQUISITION OF A UTILITY EASEMENT WHEREAS, the City Council has authorized the installation of new street lights at various intersections, including the southwest corner of Maple Lane and Surrey Drive; and WHEREAS, power for this light must be transmitted from a source through certain private property commonly known as 1559 Maple Lane, Elgin, Illinois, to the intersection; and WHEREAS, it is in the public interest that the City of Elgin acquire a utility ease- ment to accomplish said public purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that James J. Cook, City Manager, and Marie Yearman, City Clerk, be and are hereby authorized to execute an agreement for and on behalf of the City of Elgin for the acquisition of a utility easement through the property commonly known as 1559 Maple Lane, Elgin, Kane County, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Pro Tem Presented: January 14, 1987 Adopted: January 14, 1987 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk - . ft_ED FOR RCORD i,:ANE COUNTY.ILL. r Q 1828240 !•' 7 MAR 13 F1 12: 45 (i ' J AGREEMENT ' ' --''.'f r; This Agreement made this _ IS day of cJ A KIO A 2.,1l w , 198Z by and between the CITY OF ELGIN, a municipal corporation (hereinafter called the "City"), and George and Beverly Schueneman (hereinafter called the "Owners"), witnesseth: WHEREAS, Owners are the owners of certain real estate situated in the City of Elgin, County of Kane, State of Illinois, which real estate is legally described on Exhibit A which is attached hereto and incorporated herein by this reference, and which real estate shall be referred to hereinafter as the "Easement Premises"; and WHEREAS, the parties hereto have determined that it is in their best interest for the Owners to grant and the City to accept an easement in and along the Easement Premises for utility purposes. NOW, THEREFORE, in consideration of the foregoing, and of the sum of One Dollar ($1.00) in hand paid by the City of Elgin to the Owners George and Beverly Schueneman, the receipt of which is hereby acknowledged, and other good and valuable considerations, the parties hereto mutually agree as follows: I. The Owners hereby grant and convey to the City a perpetual easement to survey, construct, operate, maintain, test, inspect, repair, remove, replace or abandon in place and control utility facilities, subject to the terms and conditions hereinafter set forth, in, along, and upon the Easement Premises together with all reasonable rights of ingress and egress across adjoining lands owned by the Owners necessary for the exercise of the rights herein granted. 2. The rights of ingress and egress herein granted across the adjoining lands of Owners shall be exercised and used in such a manner as not to cause any damage or destruction of any nature whatsoever to or interruption of the use of the adjoining lands owned by the Owners. j?:.1.,kk ,...__.5 1828240 ''� , r ' 3. The City agrees that the use hereby granted shall be limited exclusively to utility facilities and uses incidental thereto. 4. The City agrees that it will save and hold the Owners harmless from all claims, causes and actions, suits, damages or demands whatsoever in law and in equity which may rise out of, or as a consequence of the negligence of the City, or its authorized agents, servants or employees, in maintaining, repairing and utilizing said utility facilities. 5. The City agrees that Owners shall have the right to grant other non- exclusive easements over, along, or upon the easement premises; provided, however, that any such other easements shall be subject to the easement hereby granted; and provided, further, that the City of Elgin shall have first consented in writing to the terms, nature and location of any such other easements as not interfering with the rights granted hereunder. 6. Owners hereby reserve the right to use the Easement Premises in any manner that will not prevent or interfere with the exercise by the City of the rights granted hereunder; provided, however, that Owners shall not obstruct, or permit to be obstructed, the Easement Premises at any time whatsoever without the express prior written consent of the City. 7. Owners hereby further grant to the City a temporary construction ease- ment over the real estate described herein by this reference for the purpose of con- structing, reconstructing, installing, repairing and maintaining from time to time any and all utility facilities located in, along and upon the Easement Premises. 8. The Owners agree that the City may assign the rights granted to it hereunder to any assignee who demonstrates sufficient competence and gives adequate assurances that any work to be performed pursuant to such assignment shall be conducted in a good and workmanlike manner, and that Owners' interest in the Easement Premises shall be protected to the same extent as hereunder. 2 r= I 8 2 8 2 4 0 9. All rights, title and privileges herein granted, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors, assigns and legal representatives. IN WITNESS WHEREOF, the parties hereto have executed or have caused this instrument to be executed by their proper officers duly authorized to execute the same. Signed this ,17 day of bee _ , I98k CITY OF ELGIN OWNERS / i, By: htAz ii ' %I �ici �, t� L��f iC Ja s J. Coo/ C' y Manger George S uenem. 40, , ..., -- Beverly Schu/eman Attest: r n I tc.A. i, .t" i __.k.&-...L....?„(_}-c_4-vt-11-1, ------ City Clerk This Instrument Prepared By: William A. Cogley Assistant Corporation Counsel City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 (312) 695-6500 3 I82824Q .... •. . r... ........_____________„____;.T. (:,1 ..0� _ . L 1 MAPLEV ._ I . 15. LN. �- , 7 ce i Cc r . . P� :��; 38 O z I; ,..... 1 Q i ,o. W ,q\./ 40 .37 % 1 JSCALE I =100 A permanent 10 foot easement for street light cable through the Westerly half of lot 38 of Maple Manor Unit No.5, being a subdivision in the West Half of Section 15, Township 41 North, Range 8 East of the Third Principal Meridian described more fully as follows: the Easterly 10 feet of the Westerly 15 feet of lot 38 of Maple Manor Unit No.5; being situated in the City of Elgin, Kane County, Illinois and containing 0.011 acres, more or less. Exhibit A 1- I 8 2 8 2 4 0 -I828240