HomeMy WebLinkAbout88-1116 Andersen Release of Easement Recorded F8-- 11 r6 Andersen
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RESOLUTION
AUTHORIZING EXECUTION OF A RELEASE OF EASEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that James J. Cook, City Manager, be and is hereby authorized and directed to execute a
Release of Easement on behalf of the City of Elgin with Howard Bruce Andersen and
Marilyn C. Andersen for an easement over a portion of Lots 144 and 430 in Valley Creek
Unit No. 5, a copy of which is attached hereto and mode a part hereof by reference.
George VanDeVoorde, Mayor
Presented: November 16, 1988
Adopted:
Vote: Yeas Nays
Recorded:
Attest:
Marie Yearman, City Clerk
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RELEASE OF EASEMENT
THIS Release of Easement made and entered into this 8th day of
December, 1988 , by and between HOWARD BRUCE ANDERSEN AND MARILYN C .
ANDERSEN, his wife, (hereinafter called Andersen) and The CITY OF
ELGIN, an Illinois Municipal Corporation, (hereinafter called City) .
W I T N E S S T H :
WHEREAS , Andersen is the legal title owner of that property
legally described on Exhibit A and commonly known as 655 Alice Place ,
Elgin, Illinois and;
WHEREAS , City has been previously granted an easement , as
evidenced on the respective Plats of Valley Creek Unit No . 5 and Unit
No . 10, and recorded with the Kane County Recorder ' s Office, over the
northerly five feet of Lot 144 and the southerly five feet of Lot 430 ,
and;
WHEREAS , the parties wish to extinguish said easements on Lots
144 and 430 in return for which Andersen will grant to City a new
easement as evidenced on the survey of Gerald L . Heinz fates
dated August 3 , 1988 , and attached hereto as Exhibit A.
NOW, THEREFORE, in consideration of the premises and covenants
contained herein, it is agreed as follows between the parties :
City, their successors , assigns and transferees , hereby and
forever release , quitclaim, waive, and discharge to Andersen, their
heirs, and assigns the Easement previously granted with the intent
that said Easement may be forever extinguished, and that Andersen,
their heirs , and assigns shall hereafter have and enjoy the said
premises so granted free and absolutely discharged from said Easement .
IN WITNESS WHEREOF, this Release of Easement is executed on the
date hereof above stated.
CITY OF ELGIN 9/.4.4.442
Howard Bruce Andersen
Marilyn C . Andersen
Prepared by and return to :
James M. Bolz
Attorney at Law
100 South First Street
West Dundee, IL 60118
EXHIBIT A
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PLAT OF SURVEY
'ROPERTY DESCRIBED AS Lot 144 le VAllry Crwt Dell ha. S. is tM City a1 Gila. 4e•C•wty, 1111.o1.; sad also That part•1 Let 4)0 of Valley Crock
Dal. G. 10, Glad••uhdl.l.l.e of part el 5.ctlo.T. Twwhlp Al North, Lap I Gat•l the Teltd I'rlaciy.l P•rldl.e, 1T1.0 Santhorly•t. 1l.•w.<ril•d.•
1a11ose& Lollenisi at the Southw.t.rly terser of u/d Lot 430; tM.<a South 12 d•I )S.1set..00••coed.Loot. •d1.t..c•of 112.1)Gat t..halal e.
Lae Port►...<.r1T 11.e of salt Lot 410 that le 11.44 Get. .a ea•w,•d.1o.S maid N•rth ly 11e.. North.••t.r1y of the most L•tarly tom,et said Ul
A10 for the tar.l.e•.I said d••crih•d 11.., baled eltu•to4 1.the City of llji.. Lose Cowty. I11l.ola. .
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STATE or ILLINOIS) SS
CUDNTT Of LANE 1
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the above d•.<rl►•d property and that the plat har.ea drawn cerr.ctly repr..•nt..old
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GERALD L. HEINZ & ASSOCIATES
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EXHIBIT Al
Legal Description
Lot 144 in Valley Creek Unit No. 5, in the City of Elgin, Kane County,
Illinois; and also That part of Lot 430 of Valley Creek Unit No. 10, being a
subdivision of part of Section 9, Township 41 North, Range 8 East of the
Third Principal Meridian, lying Southerly of a line described as follows:
Beginning at the Southwesterly corner of said Lot 430; thence South 87
degrees 35 minutes 00 seconds East, a distance of 122.33 feet to a point on
the Northeasterly line of said Lot 30 that is 15.64 feet, as measured along
said Northeasterly line, Northwesterly of the most Easterly corner of said
Lot 430 for the terminus of said described line, being situated in the City
of Elgin, Kane County, Illinois.