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HomeMy WebLinkAbout89-0222 Water Tower 101 VOLUME LIV RESOLUTION ACCEPTING A DEED FROM CMD ELGIN ASSOCIATES FOR A WATER TOWER SITE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts the warranty deed of CMD Elgin Associates to the City of Elgin of the property described in Exhibit A, attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to record the warranty deed herein described in the office of the Recorder of Deeds for the County of Kane. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 22, 1989 Adopted: February 22 , 1989 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk RESOLUTION ADOPTED ACCEPTING AN EASEMENT AGREEMENT Councilman Walters made a motion, seconded by Councilwoman Moylan to adopt the aforementioned Resolution. Yeas: Councilmen Fox, Gilliam, Moylan, Popple, Shales, Walters and Mayor VanDeVoorde. Nays: None. CM) CMD CCPPOR=. 'SON Randal J. Selig • Vice President General Counsel March 23, 1989 Ms. Marie Yearman Clerk City of Elgin 150 Dexter Court Elgin, Illinois 61120-5555 Re: Water Tower Dear Ms. Yearman: Enclosed are the following documents for the water tower facility at Westfield Business Park: 1. One (1) original of the Warranty Deed; 2. Two (2) originals of the Easement Agreement; 3. Two (2) originals of the Certificate of Abrogation of Utility Access Easement. Please have each of the documents, except the Warranty Deed, signed by an authorized representative of the City of Elgin, and r4 turn one fully executed copy of each to me as soon as possible. Please hold and do not record the Warranty Deed until I have received the fully executed copies of the other dor uments. Please call me if you have any questions. rPM11 R'ndal J. `-t`"9"' RJS:dfs Enc. Jne First National Plaza Suite 4950 ;h cago.Illinois 60603 12-726-3121 'aX 312-726-9473 Fc^' • WARRANTY DEED THE GRANTOR, CMD ELGIN ASEIOCIATES, a limited partnership created and existing under and by virtue of the laws of the State of Illinois, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, CONVEYS and WARRANTS unto the GRANTEE, CITY OF ELGIN, a municipal corporation located in the County of Kane and State of Illinois, this&Pday of al/laic , 1989, the real estate situated in the City of Elgin, County of Kane and State of Illinois, legally described as follows: ARTICLE I LEGAL DESCRIPTION THAT PART OF LOT 5 OF WESTFIELD BUSINESS PARK, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 31 , TOWNSHIP 42 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 5; THENCE NORTH 01 DEGREE 46. MINUTES 55 SECONDS EAST, ALONG THE WEST LINE OF SAID LOT 5, A DISTANCE OF 210.00 FEET; THENCE SOUTH 88 DEGREES 47 MINUTES 45 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF SAID LOT 5, A DISTANCE OF 197.88 FEET TO A LINE DRAWN PARALLEL TO THE EAST LINE OF SAID LOT 5 FROM A POINT ON THE SOUTH LINE OF SAID LOT 5 THAT IS 200.00 FEET (MEASURED ALONG SAID SOUTH LINE) EASTERLY OF THE SOUTHWEST CORNER OF SAID LOT 5; THENCE SOUTH 01 DEGREE 12 MINUTES 15 SECONDS WEST, ALONG SAID PARALLEL LINE • A DISTANCE OF 209.99 FEET TO THE SOUTH LINE OF SAID LOT 5; THENCE NORTH 88 DEGREES 47 MINUTES 45 SECONDS WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. BEING SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS, THIS INSTRUMENT WAS PREPARED BY: RANDAL J. SELIG CMD CORPORATION PERMANENT INDEX NO. Suite 4950 03-31-278-001 ONE FIRST NATIONAL PLAZA CHICAGO, ILLINOIS 60603 MAIL TO: together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim or demand whatsoever of said Grantor, either in law or in equity, of, in and to the above described real estate, subject, however, to the further provisions of this deed. ARTICLE II MATTERS TO WHICH CONVEYANCE IS SUBJECT This conveyance is made subject to: (1) General real estate taxes and assessments. (2) Covenants, conditions, restrictions and easements of record. (3) Governmental regulations in effect on the date hereof and thereaf ter. (4) Acts done or suffered by Grantee or anyone claiming by, through, under or against it. (5) The real estate shall be used solely for the purpose of installing and operating a water tower facility including pumps, mains and other related improvements. ARTICLE III COVENANTS RUN WITH THE LAND The covenants set forth in Article II hereof are intended to be and shall be construed as covenants running with the subject real estate hereby conveyed and binding upon the parties hereto, their successors, grantees, and assigns, while the owner, owners, and occupants of the subject real estate hereby conveyed, or any part hereof. The covenants herein are not to be construed as personal but as running with the subject real estate. IN WITNESS WHEREOF, said general partner of Grantor has caused its corporate seal to be hereto affixed, and has caused its name to be signed to these presents by 2 its `// C= President, and attested by its Secretary, this 2 P2d day of ”k C li , 1989. CMD ELGIN ASSOCIATES, an Illinois limited partnership By: CMD MIDWEST, INC., Its General Partner .( President ATTEST: / By: `�:..ZO a/ retary STATE OF ILLINOIS ) SS COUNTY OF COOK ) I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HERE/3,y CERTIFY, that C'-%/T L-1'%4,'c- 1A ,/,"4,&.7-1._ L , i"c' President, and K.94,D11 L T, Se L I 6— , Secretary of the said CMD MIDWEST, INC., who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such 1, C C President and Secretary, appeared before me this day in person and acknowledged that they signed, sealed, and delivered said instrument as their free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this 2*ctilay of M4 Rei-( , 1989. a : r",...- -. :....1._..--2/../ - ' Notary Pub Allillillilligr My Commission expires: A "OFFICIAL SEAL" DOROTHY F. SCHULTZ Notary Public. State of Illinois My Commission Expires April 5,1989 • 3 EXHIBIT A COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS 1. The real estate shall be used solely for the purpose of installing and operating a water tower facility including pumps, mains and other related improvements in accordance with plans and specifications approved in writing by Grantor, its successors or assigns. No improvements may be made to the real estate without the prior written consent of Grantor, its successors or assigns. Notwithstanding the foregoing, the real estate may be improved without the prior written consent of Grantee with (a) underground water mains and electrical lines which are necessary for the operation of a water tower facility on the real estate, and which are installed and shall at all times be maintained at least thirty inches (30") below the existing grade of the real estate (except for valves and vaults which are necessary for the operation and maintenance of such mains and lines which may be installed and maintained at or below the existing grade of the Easement Property), (b) a single pedestal spheroid water tower constructed in accordance with the basic design attached hereto as Exhibit A-1, and (c) a fence installed for the purpose of protecting the water tower facility no part of which is located in any of the Easement Areas (as hereinafter defined). 2. Grantor hereby expressly reserves, and the real estate is hereby expressly made subject to, an exclusive, irrevocable and perpetual easement for the benefit of Grantor, its successors and assigns, in, over and across those portions of the real estate ("Easement Areas") located between the north boundary of the real estate and a line parallel to and ten (10) feet south of the north boundary of the real estate, and between the east boundary of the real estate and a line parallel to and ten (10) feet west of the east boundary of the real estate, for the sole purpose of installing, replacing and maintaining landscaping in a manner determined by Grantor, its successors or assigns, in their sole discretion. 3. Grantee shall not remove any trees, shrubs or other plantation located in the Easement Areas except as shall be necessary in order to install and maintain the water tower facility thereon. EXHIBIT B GRANTEE PROPERTY THAT PART OF LOT 5 OF WESTFIELD BUSINESS PARK, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 31 , TOWNSHIP 42 NORTH, RANGE 0 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT SI THENCE NORTH 01 DEGREE 46 MINUTES 55 SECONDS EAST, ALONG THE WEST LINE OF SAID LOT 5, A DISTANCE OF 210.00 FEET; THENCE SOUTH 9S DEGREES 47 MINUTES 45 SECONDS EAST, PARALLEL WITH THE NORTH LINE OF SAID LOT 5, A DISTANCE OF 197.66 FEET TO A LINE DRAWN PARALLEL TO THE EAST LINE OF SAID LOT 5 FROM A POINT ON THE SOUTH LINE OF RAID LOT 5 THAT IS 200.00 FEET (MEASURED ALONG SAID SOUTH LINE) EASTERLY OF THE SOUTHWEST CORNER OF SAID LOT 51 THENCE SOUTH 01 DEGREE 12 MINUTES 15 SECONDS WEST, ALONG SAID PARALLEL LINE,• A DISTANCE OF 209.99 FEET TO THE SOUTH LINE OF SAID LOT S; THENCE NORTH SS DEGREES 47 MINUTES 45 SECONDS WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING. BEING SITUATED IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.