HomeMy WebLinkAbout89-0412 Sewer Line Dedication Recorded I 9 3 8
State of Illinois
County of Kane as Certificate of City Clerk
City of Elgin
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
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the original of which is entrusted to my care for safe keeping.
In Witness Whereof,I have hereunto set my hand and affucedt the corporate seal of the
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City of Elgin at the said City in the County and State aforesaid this v-• day of
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Lf)(sEAL) I 9 9 3 3 8 ity Clerk. I (7S41
RESOLUTION
ACCEPTING A DEDICATION OF EXISTING SEWER LINE AND EASEMENT
(North Elgin Industrial Plaza)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby accepts a Dedication of Existing Sewer Line and Easement from NBD
Trust Company of Illinois, as Trustee under Trust Agreement dated April I, 1988 and
known as Trust Number 26I2EG, for the property legally described as follows:
The East IO feet of Lot 38 in North Elgin Industrial Plaza, being a
subdivision of part of Sections 33 and 34, Township 42 North, Range 8 East
of the Third Principal Meridian, according to the Plat aforesaid Subdivision
thereof, recorded on September 17, 1973 as Document 1278513, in the City
of Elgin, Kane County, Illinois.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed
to cause the Dedication of Existing Sewer Line and Easement hereby accepted to be
recorded in the office of the Recorder of Deeds of Kane County, Illinois.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: April 12, 1989
Adopted: April 12 , 1989
Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk
This document prepared by:
Attorney Erwin Jentsch
City of Elgin
150 Dexter Ct .
Elgin, Ill. 60120
695-6500
1993381 •
acas-
DEDICATION OF EXISTING SEWER LINE AND EASEMENT
This INDENTURE , is made and entered into as of the fifteenth
day of March 1989 by and between NBD Trust Company of Illinois ,
not personally, but solely as Trustee under a certain Trust
Agreement dated April 1 , 1988 and know as Trust Number 2612EG,
(hereinafter the "Grantor" ) ; and, the City of Elgin, a municipal
corporation of the State of Illinois , (hereinafter referred to as
the "City" ) .
WHEREAS, the Grantor holds legal title to the following
property:
Lot 38 in North Elgin Industrial Plaza, being a
subdivision of part of Sections 33 and 34 , Township 42
North, Range 8 East of the Third Principal Meridian,
according to the Plat of aforesaid Subdivision thereof ,
recorded on September 17 , 1973 as Document 1278513 , in
the City of Elgin, Kane County, Illinois , (said property
being hereinafter referred to as "Lot 38" ) ;
WHEREAS, the Grantor desires to dedicate a perpetual easement
on, over , through, and across a portion of the said Lot 38 to the
City on the terms and conditions set forth below and the City
desires to accept said easement .
NOW THEREFORE, in consideration of ten dollars and for other
good and valuable considerations the parties hereby agree as
follows :
1 . The Grantor hereby dedicates to the City , a perpetual easement
for the operation, maintenance, repair , replacement , inspection,
and use of a certain existing sanitary sewer line together with
all appurtenant manholes and other related facilities on, over ,
through and across the East ten feet of said Lot 38 , (said East
ten feet of Lot 38 being hereinafter referred to as the "Easement
Area" ) , subject to the terms , conditions , and reservations set
forth below. The Grantor also dedicates , assigns , transfers and
sets over unto the City all of the existing sewer line , manholes ,
and other appurtenant facilities now located within the Easement
Area.
THIS DOCUMENT PREPARED BY AND RETURN TO:
Richard M. Panichi
808 Ridgeland
Fox River Grove, Illinois 60021
1993381
2. The Grantor expressly reserves :
i . ) the right to tap into the aforesaid sewer line at one
or more locations for sanitary sewer service to Lot 38 ,
and to maintain any existing connection or tap provided
that any such tap shall be made strictly in accordance
with applicable ordinances or regulations of the City ;
ii . ) the right to allow the owner or owners of Lot 1 in
the resubdivision of Lot 37 in North Elgin Industrial
Plaza , being a subdivision of part of Sections 33 and
34, Township 42 North, Range 8 East of the Third
Principal Meridian, according to the Plat of aforesaid
Subdivision thereof, recorded on September 17 , 1973 as
Document 1278513 , in the City of Elgin, Kane County ,
Illinois , (said property being hereinafter referred to
as "Lot 1" ) ; to tap into said sewer line for service to
said Lot 1 or portions thereof at one or more locations
providing that all of such taps or connections shall be
made strictly is accordance with any applicable
ordinances or regulations of the City ;
iii . ) the right to use the surface of the Easement
Area , it being understood , however , that such use shall
not in any manner interfere with or damage the sewer
line and appurtenant facilities transferred to the City
pursuant to paragraph 1 , above; and ,
iv. ) the right to construct and maintain or permit
others to construct and maintain additional utilities
and or utility lines within the Easement Area provided
same do not interfere with or damage the sewer line and
appurtenant facilities transferred to the City pursuant
to paragraph 1 , above.
3. The Grantor agrees that no buildings will be constructed over
the Easement Area .
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IN WITNESS WHEREOF the parties hereto have executed this
Agreement as of the day and date first above written.
Atte§t: NBD Trust Company of Illinois ,
• under Trust Agreement Number
2628EG as Trustee as aforesaid
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By
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Attest : City of Elgin = Q d ; y. -4
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STATE OF ILLINOIS a
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COUNTY OF COOK �,
I the undersigned , a Notary Public in and for the County and
State aforesaid , DO HEREBY CERTIFY that EDibli400 S.lYIu pc.FC ,
a_ __ Vice President of NBD Trust Company of Illinois and
__�6�LC�( 7• 41i411L�{ asst' icEP4, N of NBD Trust Company
of Illinois whose names are subscribed to the foregoing
instrument, appeared before me this day in person and
acknowledged that they did sign, seal and deliver the same for
the purposes contained therein, as their free and voluntary act
and as the free and voluntary act of the said NBD Trust Company
of Illinois acting in its capacity as Trustee under its Trust
Number 2628EG.
Given under my hand and official seal this LStt day of
__��eCµ , 1989 .
My Commission expires .
6/c7-7) �'
�1 �- GW; it�ry Public
"OFFICIAL SEAL"
JENNIFER M SULLIVAN
NOTARY PUP' 'C. SPITE - l'.! • •
My Comm'ssi • r,'9:r,s 1^r"1n7
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