HomeMy WebLinkAbout89-0412 Watermain Dedication Recorded 1 9 3 3 8 2
PC71:77.7271:
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
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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 affixea the oTporate Seal of itie.
City of Elgin at the said City in the County and State aforesaid this da'o
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1 9 9 3 38 2 Cl Clerk.
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RESOLUTION
ACCEPTING A DEDICATION OF EXISTING WATERMAIN AND EASEMENT
(North Elgin Industrial Plaza)
BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that it hereby accepts a Dedication of Existing Watermain and Easement from NBD Trust
Company of Illinois, as Trustee under Trust Agreement dated July I, 1988 and known as
Trust Number 2628EG, for the property legally described as follows:
The West 10 feet of Lot I 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 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 Watermain 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
1993382
_Vis ,
DEDICATION OF EXISTING WATERMAIN 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 July 1 , 1988 and know as Trust Number 2628EG ,
(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 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" ) ;
WHEREAS, the Grantor desires to dedicate a perpetual easement
on, over , through, and across a portion of the said Lot 1 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 watermain together with all
appurtenant valves , valve vaults , and hydrants on, over ,
through and across the West ten feet of said Lot 1 , (said
West ten feet of Lot 1 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 facilities for the transmission of
water now located within the Easement Area including but
not limited to water lines , valves , valve vaults , and
hydrants .
THIS DOCUMENT PREPARED BY AND RETURN TO:
Richard M. Panichi
808 Ridgeland
Fox River Grove, Illinois 60021
1993382
2. The Grantor expressly reserves :
i . ) the right to tap into the aforesaid watermain at one
or more locations for water service to Lot 1 , 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
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" ) , to tap into said watermain
for service to said Lot 38 or portions thereof at
one or more locations and maintain any existing
service connections , 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 watermain
or other 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 watermain or
other facitities transferred to the City pursuant to
paragraph 1 , above.
3. The Grantor agrees that no buildings will be constructed over
the Easement Area .
4 . The rights and obligations of the Grantor and the City
hereunder shall inure to the benefit of and be binding upon their
respective successors and assigns , and all terms , conditions , and
covenants herein shall be construed as covenants running with the
land .
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IN WITNESS WHEREOF the parties hereto have executed this
Agreement as of the day and date first above written.
Attest: NBD Trust Company of Illinois ,
under Trust Agreement Number
2628EG as Trustee as aforesaid
c`) • ASSi LCPRESIDENT I •
P-,:..... _... L .0
Attest, City of Elgin _ - H
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By:-j'1 -- -- --- By: �:'`x`14- � _,
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STATE OF ILLINOIS e it < v d -N
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COUNTY OF COOK
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I the undersigned, a Notary Public in and for the County and ' . m
State aforesaid , DO HEREBY CERTIFY that &DaJAQD 3.J1u 0LFg ,
a_ _ __ Vice President of NBD Trust Company of Illinois and
8Gegy Z. &Lr..LLW- u cE_NRN 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 LcJ day of
__� ieeµ , 1989 .
My Commission expires .
•
:._---- :,717,L.,Vc/61-4/11-Thatary Public
IF1 "OFFICIAL ICIAL SEAL"
i JEITNIFER M. SULLIVAN
NOTA N PUBLIC, STATE OF ILLINOIS
$ My Commission Expires 12/22192
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