HomeMy WebLinkAbout89-0222 Westfield Business ParkI
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103 VOLUME LIV
RESOLUTION
AUTHORIZING EXECUTION OF A CERTIFICATE OF ABROGATION
OF UTILITY ACCESS EASEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that George VanDeVoorde, Mayor, and Marie Yearman, City Clerk, be and are hereby
authorized and directed to execute a Certificate of Abrogation of Utility Access
Easement on behalf of the City of Elgin for property located in the Westfield Business
Park, a copy of which is attached hereto and made a part hereof by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: February 22, 1989
Adopted: February 22 , 1989
Vote: Yeas 7 Nays 0
Recorded:
Attest:
I
c/ Marie Yearman
Marie Yearman, City Clerk
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CERTIFICATE OF ABROGATION OF UTILITY ACCESS EASEMENT
WHEREAS , C2D ELGIN ASSOCIATES , LTD . , an Illinois
limited partnership ( "C2D" ) , the then-owner of record, did cause
a Plat of Subdivision of Westfield Business Park to be recorded
on September 9 , 1988 , as Document No . 1931202 ( "Plat" ) ; and
WHEREAS , FRINK DENTAL SUPPLY COMPANY, PROFIT SHARING
PLAN & TRUST ( "Frink" ) is the owner of the real estate legally
described as :
Lots 7 and 8 of Westfield Business Park, in the City of
Elgin, Kane County, Illinois ; and
WHEREAS, CXD is the owner of the real estate legally
described as :
Lots 1-6 , both inclusive, and Lots 9-21, both
inclusive, of Westfield Business Park, in the City of
Elgin, Kane County, Illinois ; and
WHEREAS , the Plat contains reference to a "Utility
Access Easement to the City of Elgin" (the "Plat Easement" )
across the following described real estate :
The West ten ( 10 ) feet of Lot 4 and the East ten ( 10)
feet of Lot 5 of Westfield Business Park, in the City
of Elgin, Kane County, Illinois ; and
WHEREAS, CND, the then owner of record, did cause an
Easement Agreement ( "New Easement" ) to be recorded on
, 1989 , in the office of the Recorder of Kane County, Illinois ,
as Document No. ; and
WHEREAS, it is the intention of the City of Elgin
( "City" ) and C2D that the New Easement shall supersede the Plat
Easement and that, therefore, the Plat Easement shall be removed
from the public record; and
WHEREAS , the City has held all hearings required by
applicable laws and ordinances for the abrogation of the Plat
Easement .
NOW, THEREFORE , for and in consideration of the
premises and of good and valuable consideration, receipt of which
is hereby acknowledged, the City and the above-described parties ,
as owners of all of the real estate contained in the Plat, hereby
certify that the Plat Easement is hereby abrogated and annulled,
it being the intention of the City and said parties that there be
no further reference to the Plat Easement as shown and configured
on the Plat, it being the intention thereof that the New Easement
shall supersede the Plat Easement and shall act as and in place
of the Plat Easement.
IN WITNESS WHEREOF, the City and the undersigned owners
have caused this instrument to be executed effective this
Day of , 1989 .
CITY OF ELGIN, ILLINOIS
By
ATTEST: Mayor
By
City Clerk
CM.D ELGIN ASSOCIATES , LTD. ,
an Illinois limited partnership
CMD MIDWEST, INC . , General Partner
By
ATTEST:
By
FRINR DENTAL SUPPLY COMPANY,
PROFIT SHARING PLAN & TRUST
By
ATTEST:
By
2
STATE OF ILLINOIS )
SS
COUNTY OF BANE
, A Notary Public in
and for said County and State aforesaid, DO HEREBY CERTIFY,
that , Mayor, and
City Clerk of the City of Elgin, who are personally known to me
to be the same persons whose names are subscribed in the
foregoing instrument as such Mayor and City Clerk, appeared
before me this day in person and severally acknowledged that they
signed, sealed and delivered the said instrument of writing as
their free and voluntary act, and as the free and voluntary act
of the City of Elgin for the uses and purposes therein set forth
pursuant to the authority given by the City Council of the City
of Elgin and caused the corporate seal of said City of Elgin to
be thereto attached.
GIVEN, under my hand and notarial seal this day
of , 1989 .
Notary Public
My commission expires :
STATE OF ILLINOIS )
SS
COUNTY OF
I , , a Notary Public in and
for and residing in the said county in the state aforesaid, do
hereby certify that , personally known
by me to be the of CMD MIDWEST, INC. ,
and personally known by me to be the
of CMD MIDWEST, INC . , whose names are
subscribed to the foregoing instrument, appeared before me this
day in person and severally acknowledged that as such
and , they signed and
delivered said instrument of writing as and
of said corporation, and caused the seal
of said corporation to be affixed thereto pursuant to authority
given by the Board of Directors of said corporation as their free
and voluntary act, and as the free and voluntary act and deed of
said corporation for the uses and purposes thereon set forth.
GIVEN under my hand and notarial seal this day
of , 1989 .
Notary Public
My Commission Expires :
3
STATE OF ILLINOIS )
SS
COUNTY OF
I , a Notary Public in and
for and residing in the said county in the state aforesaid, do
hereby certify that , personally known by
me to be the Trustee of FRINR DENTAL SUPPLY COMPANY, PROFIT
SHARING PLAN & TRUST whose name is subscribed to the foregoing
instrument, appeared before me this day in person and
acknowledged that as such Trustee signed and delivered said
instrument of writing as such Trustee as his free and voluntary
act for the uses and purposes thereon set forth.
GIVEN under my hand and notarial seal this day of
, 1989 .
Notary Public
THIS INSTRUMENT PREPARED BY:
Richard L. Heimberg
80 Fountain Square Plaza
Elgin, IL 60120
4
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: City Manager
DATE : February 15 , 1989
SUBJECT: ACCEPTANCE OF DEED AND EASEMENT FOR WATER TOWER SITE IN
WESTFIELD BUSINESS PARK
PURPOSE :
This memorandum will provide the Mayor and Council with information to
consider in accepting a warranty deed and easement agreement from CMD
Development for a water tower site to be located in Westfield Business
Park.
BACKGROUND :
On May 25 , 1988 , the City Council passed an ordinance annexing
property known as Westfield Business Park. As part of this annexation
agreement, the developer agreed to convey by deed to the City a parcel
of real estate for a water storage facility and appropriate easements .
The attached documents provide for this transfer.
Access to the proposed tower site is provided through the attached
easement, making the previous easement east of this pr .e, ty
unnecessary. 0A-0o o/ti,®, c� , 9 li, ' p�
FINANCIAL IMPACT: /
In consideration of the sum of $10 . 00 and other good and valuable
considerations , the property will be transferred to the City of Elgin.
RECOMMENDATION :
It is recommended that the Council authorize acceptance of the
attached deed and easement and abrogation of the easement east of the
tower site (also attached) and direct staff to proceed with the
necessary documentation.
ity Man g r
JJC:LED: jk mem3021404 5150/89-2
Attachments
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