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Home My WebLink About89-1201 Kimball Hill Easement Recorded 9 6 2 2 7 4 6 R89 -gaol • N�II Fri lI sss2274s GRANT OF riAcirmENTR This Grant of Easements is made by KIMBALL HILL, INC., its sole general partner ("Grantor"). RECITALS ,O WHEREAS, the Grantor is the owner of a parcel located In Cook County. • Illinois ("Easement Property") which is described on the attached "Exhibit A". which is made a part hereof: and WHEREAS. the Grantor wishes to grant easements over the Easement Property to the Commonwealth Edison Company, Illinois Bell Telephone Company. Northern Illinois Gas Company. and the City of Elgin, Cook County. Illinois and to any cable television company or companies authorized by the City of Elgin to Install cable television facilities for public utilities. NOW, THEREFORE, in consideration of $10.00 and other good and valuable consideration, the receipt and sufficiency which are hereby acknowledged. the following grants. covenants and restrictions are made: 1. t;rnnt of Easement to Co monwealth Edison Comn y end Ilinois sell Telephone Colony_ A non-exclusive casement for serving the Easement Property with electric and communication systems is hereby reserved for an4 granted to the Commonwealth Edison Company and the Illinois Bell Telephone Company. as grantees. their respective successors and assigns, jointly and 6.4 severally. to install. operate, maintain and remove. from time to time, facilities 10" used in connection with overhead and underground transmission and distribution of electricity and sounds and signals in, over. under. across. along and upon the surface of the Easement Property. together with the right to • e' install required service connections, over and under the surface of each area to serve improvements thereon. or on adjacent lots, the right to cut. trim or remove trees, bushes and roots as may be reasonably required incident to the rights herein granted. and the right to enter upon the areas for all such purposes. Obstructions shall not be placed over grantees' facilities or in. upon. or over the property described in Exhibit A without prior written consent of grantees. After installation of any such facilities. the grade of the areas shall not be altered in a manner so as to interfere with the proper operation and maintenance thereof. 2. Grant of Easement to Northern Illinois Gas Company. A eon- . exclusive easement is hereby reserved for and granted to Northern Illinois Gas Company. its successors and assigns. in the F-'s"meat Property. said easement to be for the installation, maintenance, relocation. renewal and removal of gas n mains .and appurtenances for the purpose of serving all areas shown on the 4 Plat of Subdivision as well as other property whether or not contiguous thereto. No buildings or other structure shall be constructed or erected in any to such easement areas nor shall any other use be made thereof which will interfere with the easements reserved and granted hereby. iv w . S 9 6 2 2 7 4 6 3. (Ir int of Easem .nt t•nt City of Elgin A permanent non-exclusive easement is hereby reserved for and granted to the City of Elgin. Cook County, Illinois (the "City") and to any cable television company or companies authorized by the City to install cable tcicvision facilities within the subdivision ("the Company") and their successors and assigns in. upon, across, under, and through the Easement Property for the purpose of installing. constructing. inspecting, operating, replacing, renewing. altering, enlarging. removing, repairing, and maintaining cable television lines or appurtenances. and without limitation such other installation as may be required to furnish cable television service to adjoining areas and such appurtenances and additions thereto as said City and the Company may deem necessary. together with the right of access across the area set forth in Exhibit A for the necessary men and equipment to do any and all of the above work. The right is also hereby granted to the said City and Company to cut down, trim, or remove any trees, shrubs, or other plants that interfere with the operation of or access to said lines, in, on. upon, across, under, or through said casements. No permanent hui!aings or t,ccs shall be placed on said easements. but some may be u3ed for gardens, shrubs, landscaping, and other purposes that do not then or later interfere with the aforesaid uses and rights. Such facilities shall generally be located underground. and die use of said easements shall not conflict or interfere with public improvements and any conflicts in use shall be subject to resolution and approval by the City. A permanent, non-exclusive casement is hereby reserved_for and granted to the City, and to its successors and assigns. in. upon. across, over, under, and through the Easement Property for the purpose of Installing, constructing. inspecting, operating, replacing. renewing, altering, enlarging. removing, repairing, cleaning, maintaining sanitary sewers, storm sewers, watermains, and any and all manholes. hydrants, pipes, connections. catch basins. buffalo boxes, and without limitation, such other installation as may be required to furnish water, sanitary sewer, storm water storage to the adjoining areas and such appurtenances and additions thereto as said City may deem necessary, together with the right of access across the easements granted herein for the necessary personnel and equipment to any and all .the above work. The right is also hereby granted to do any or all of the above work. The right is also, hereby grantedto said City to cut down,-trim. or remove any trees, shrubs, or other plants that interfere with the operation of or access to such facilities, in, on, upon, across, under, or through said easements. but some may cr be used for gardens,- shrubs, landscaping, or other purposes that do not then or La later interfere with the aforesaid uses and rights. provided, however, that cr. such use of said easements shall not conflict or interfere with the public T� improvements and any conflicts in use shall be subject to the approval of the City. 3.5 Condition of Property. Upon completion of construction or maintenance of the utilities provided herein, the grantees of the easements hereunder will replace all back filling material and surfacing material in a neat and workmanlike manner and leave the Easement Property in a neat, clean and orderly condition, including the restoration of top soil to its original depth and restoration of the ground to its original elevation, including reseeding or resedding, which will restore the Easement Property to substantially the same condition existing prior to commencement of construction or maintenance operations. F 8 9 6 2 2 7 4 b • 4. All easements herein described are non-exclusive and easements appurtenant. running with the land:' they shall at all times inure to the benefit of and be binding on the undersigned. all its grantees and respective successors. and assignees. as perpetually in force and effect. IN WITNESS WHEREOF, this Grant of Easement has been duly executed on December 1. 1989. KIMBALL HILL, INC. • Larry D. Johannesca Senior Vice President Kimball Hill, Inc. ATIESI: A • • cl�1�7i1u� t Barbara O. Cooley, Secre • to • 8 9 6 2 2 7 4 6 • STATE OF ILLINOIS ) • COUNTYOF� ) SS L John R. Nywcidc, Notary Public in and for raid County. In the Statg1 atbresaid DO HEREBY CERTIFY that Larry Johannesen. Vice President and /4`/Ictil +a- talk•? , Secretary of KIMBALL Hill, Inc.. personally known to me to be the same persons whose names are- subscribed to the foregoing instrument as Senior Vice President and Secretary. respectively. appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said corporation for the purposes therein set forth. • GIVEN under my hand and Notarial Seal this December 1. 1989. 'OFFICIAL aiAL' - John NYvilldil S . Nobly Mk, Saba of llSlaats Cook Coady. Illinoisdf6- 44'4." My Cbmmltsian Expires 11/16/93 Notary Public This instrument was prepared by and mall to after recording: John R. Nyweide HILL VAN SANTEN. STEADMAN&SIMPSON.P.C. 7000 Sears Tower Chicago. Illinois 60606 312-876.0200 =fp Tax I.D. No. 06.07-314-013 Property Iocated at: Vacant Property, adjacent to Shady Oaks Lana Elgin. Illinois r ) • EXHIBIT A Legal Description of Easement Property THAT PART OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 4, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 7 WITH THE WESTERLY LINE OF SHADY OAKS DRIVE IN COBBLER'S CROSSING UNIT 2, BEING A SUBDIVISION IN THE SOUTH 1/2 OF SAID SECTION 7, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 22, 1989 AS DOCUMENT NO. 89126888, SAID POINT BEING ALSO THE MOST SOUTHERLY SOUTHEAST CORNER OF LOT I IN SAID COBBLER'S CROSSING UNIT 2; THE FOLLOWING FOUR COURSES ARE ALONG THE WESTERLY LINE OF SAID SHADY OAKS DRIVE; THENCE SOUTHERLY ALONG A CURVED LINE CONVEX WESTERLY AND HAVING A RADIUS OF 370.00 FEET, AN ARC DISTANCE OF 126.57 FEET TO A POINT OF TANGENCY IN SAID LINE (THE CHORD OF SAID ARC BEARS SOUTH 02 DEGREES 48 MINUTES 59 SECONDS EAST, 125.96 FEET); THENCE SOUTH 12 DEGREES 36 MINUTES 59 SECONDS EAST ALONG A LINE TANGENT TO SAID LAST DESCRIBED CURVED LINE AT SAID LAST DESCRIBED POINT, 199.20 FEET TO A POINT OF CURVATURE IN SAID LINE; THENCE SOUTHERLY ALONG A CURVED LINE CONVEX EASTERLY, HAVING A RADIUS OF 500.00 FEET AND BEING TANGENT TO SAID LAST DESCRIBED LINE AT SAID LAST DESCRIBED POINT, AN ARC DISTANCE OF 104.62 FEET TO A POINT OF TANGENCY IN SAID LINE (THE CHORD OF SAID ARC BEARS SOUTH 06 DEGREES 37 MINUTES 19 SECONDS EAST, 104.43 FEET); THENCE SOUTH 00 DEGREES 37 MINUTES 39 SECONDS EAST ALONG A LINE TANGENT TO SAID LAST DESCRIBED CURVED LINE AT SAID LAST DESCRIBED POINT, 19.72 FEET TO A POINT 283.00 FEET, AS MEASURED ALONG THE WESTERLY LINE OF SAID SHADY OAKS DRIVE, NORTH OF THE INTERSECTION OF SAID WESTERLY LINE WITH THE NORTH LINE OF STATE ROUTE 58; THENCE NORTH 70 DEGREES 26 MINUTES 53 SECONDS WEST, 15.98 FEET TO AN INTERSECTION WITH A LINE 15.00 FEET, AS MEASURED AT RIGHT ANGLES, WEST OF AND PARALLEL WITH THE WEST LINE OF SAID SHADY OAKS DRIVE; THE FOLLOWING FOUR COURSES ARE ALONG A LINE 15.00 FEET, AS MEASURED AT RIGHT ANGLES OR RADIALLY, WESTERLY OF AND PARALLEL WITH OR CONCENTRIC WITH THE WESTERLY LINE OF SAID SHADY OAKS DRIVE; THENCE NORTH 00 DEGREES 37 MINUTES 39 SECONDS WEST, 14.21 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY ALONG A CURVED LINE CONVEX EASTERLY, HAVING A RADIUS OF 485.00 FEET AND BEING TANGENT TO SAID LAST DESCRIBED LINE AT SAID LAST DESCRIBED POINT, AN ARC DISTANCE OF 101.48 FEET TO A POINT OF TANGENCY (THE CHORD OF SAID ARC BEARS NORTH 06 DEGREES 37 MINUTES 19 SECONDS WEST, 101.30 FEET); THENCE NORTH 12 DEGREES 36 MINUTES 59 . • SECONDS WEST ALONG A LINE TANGENT TO SAID LAST DESCRIBED CURVED LINE AT SAID LAST DESCRIBED POINT, 199.20 FEET TO A POINT OF CURVATURE; THENCE (t NORTHERLY ALONG A CURVED LINE CONVEX WESTERLY, HAVING A RADIUS OF 385.00 t.0 FEET AND BEING TANGENT TO SAID LAST DESCRIBED LINE AT SAID LAST DESCRIBED c_ POINT, AN ARC DISTANCE OF 129.10 FEET TO THE NORTH LINE OF THE SOUTHWEST 1.•44 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 7 (THE CHORD OF SAID ARC BEARS NORTH 03 DEGREES 00 MINUTES 36 SECONDS WEST, 128.50 FEET); THENCE NORTH 87 DEGREES 07 MINUTES 45 SECONDS EAST ALONG SAID LAST DESCRIBED NORTH LINE, C; 15.22 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS. ....... . . . . . . . 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H�?.'' `.JJER EASEMENT K I M B 4 L L 4 l l I E1t?in Agenda Item No . p September 17 , 1990 MEMORANDUM TO: Manyor and Members of the City Council FROM: City Manager SUBJECT: Grant of Easement - Sanitary Sewer at Shady Oaks Drive and Summit Street PURPOSE: This memorandum will provide the Mayor and Council with information to consider the approval of the subject ease- ment. BACKGROUND: The construction of a sanitary sewer on the proper- ty formerly known as Cobblers Crossing Unit 6 and currently under development by First National Bank of Elgin and Hamilton Partners will become a public sewer. Kimball Hill has provided a fifteen (15) foot easement which will allow the City to maintain the sewer . Kimball Hill has already recorded the Grant of Easement with Cook County, a copy of which is attached. Also attached is a sketch of the location. FINANCIAL IMPACT: None. RECOMMENDATION: It is recommended that the Council accept the Grant of Easement. ( (tA "Lti ry L. Rost, City Manager Attachments