HomeMy WebLinkAbout91-0710 Funk Prop Release Easement Recorded 91-D-► ID
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RESOLUTION
AUTHORIZING EXECUTION OF A RELEASE OF EASEMENT
(Otter Creek)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that it hereby authorizing execution of a Release of
Easement for the property legally described as follows:
An 84 . 0 foot wide permanent drainage easement
over that part of the North East 1/4 of Section 20
and part of the North West 1/4 of Section 21, all in
Township 41 North, Range 8 East of the Third
Principal Meridian, bounded on the South by the
South line of the North East 1/4 of said Section 20,
bounded on the East by the westerly right of way
line of Randall Road by Document No. 1040510
recorded in the Recorder' s Office of Kane County on
February 18, 1965 and lying 37 . 0 feet northwesterly
of and 47 . 0 feet southeasterly of the following
described line:
Commencing at the South East corner of the
North East 1/4 of said Section 20; thence westerly
along the South line of said North East 1/4, a
distance of 898 . 63 feet for the place of beginning;
thence northeasterly along a line which forms an
angle of 118 degrees, 31 minutes, 02 seconds to the
right with the prolongation of the last described
course, a distance of 430 . 07 feet; thence
northeasterly along a line which forms an angle of
16 degrees, 30 minutes, 00 seconds to the right with
the prolongation of the last described course, a
distance of 1750 . 0 feet; thence easterly along a
line which forms an angle of 39 degrees, 30 minutes,
00 seconds to the right with the prolongation of the
last described course, a distance of 26 . 80 feet to a
point on the westerly right of way line of Randall
Road, as aforesaid, that is 1630. 54 feet northerly
of (measured along said westerly right of way line)
the South line of the North West 1/4 of Section 21,
township and range aforesaid, for the terminus of
said line, together with a temporary construction
easement over that part of the North East 1/4 of
said Section 20 and that part of the North West 1/4
of said Section 21, bounded on the South by the
South line of the North East 1/4 of said Section 20,
bounded on the East by the westerly right of way
line of Randall Road by Document No. 1040510
recorded in the Recorder' s Office of Kane County on
February 18, 1965 and lying 57 .0 feet either side
of the following described line:
Commencing at the South East corner of the
North East 1/4 of said Section 20; thence westerly
along the South line of said North East 1/4, a
distance of 898 . 63 feet for the place of beginning;
thence northeasterly along a line which forms an
angle of 118 degrees, 31 minutes, 02 seconds to
the right with the prolongation of the last
described course, a distance of 430 . 07 feet; thence
northeasterly along a line which forms an angle of
16 degrees, 30 minutes, 00 seconds to the right with
the prolongation of the last described course, a
distance of 1750 . 0 feet; thence easterly along a
line which forms an angle of 39 degrees, 30
minutes, 00 seconds to the right with the
prolongation of the last described course, a
distance of 26 . 80 feet to a point on the westerly
right of way line of Randall Road, as aforesaid,
that is 1630 . 54 feet northerly of (measured along
said westerly right of way line) the South line of
the North West 1/4 of Section 21, township and range
aforesaid, for the terminus of said line. Excepting
from said temporary construction easement all that
part falling within the aforedescribed permanent
drainage easement as awarded to the City of Elgin by
Judgment Order of March 13, 1981 in condemnation
case 79 ED 11350 .
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to cause the Release of Easement to be
recorded in the office of the Recorder of Deeds of Kane
County, Illinois .
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: July 10, 1991
Adopted: July 10, 1991
Omnibus Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
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91 K39 $O I
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RELEASE OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the CITY OF
ELGIN, a municipal corporation, by GEORGE VANDEVOORDE, its
Mayor, for and in consideration of the sum of one dollar and
for other good and valuable consideration, the receipt of
which is hereby acknowledged by the CITY OF ELGIN, does hereby
release and quit claim to FUNK PROPERTIES, LIMITED, an
Illinois corporation with its principal office in the County
of Kane, State of Illinois, all the right, title and interest
which the city may have acquired by judgment order of
March 13, 1981 of the Circuit Court of Kane County in cause
number 73 ED 11350 for a permanent drainage easement and a
temporary construction easement legally described as follows : CO
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An 84 . 0 foot wide permanent drainage easement
over that part of the North East 1/4 of Section 20 CD
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and part of the North West 1/4 of Section 21, all in
Township 41 North, Range 8 East of the Third
Principal Meridian, bounded on the South by the
South line of the North East 1/4 of said Section 20,
bounded on the East by the westerly right of way
line of Randall Road by Document No. 1040510
recorded in the Recorder' s Office of Kane County on
February 18, 1965 and lying 37 . 0 feet northwesterly
of and 47 . 0 feet southeasterly of the following
described line:
Commencing at the South East corner of the
North East 1/4 of said Section 20; thence westerly
(.0 along the South line of said North East 1/4, a
distance of 898 . 63 feet for the place of beginning;
thence northeasterly along a line which forms an
angle of 118 degrees, 31 minutes, 02 seconds to the
right with the prolongation of the last described
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course, a distance of 430 . 07 feet; thence
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northeasterly along a line which forms an angle of
16 degrees, 30 minutes, 00 seconds to the right with
the prolongation of the last described course, a
distance of 1750 . 0 feet; thence easterly along a
line which forms an angle of 39 degrees, 30 minutes,
00 seconds to the right with the prolongation of the
last described course, a distance of 26 . 80 feet to a
point on the westerly right of way line of Randall
Road, as aforesaid, that is 1630 .54 feet northerly
of (measured along said westerly right of way line)
the South line of the North West 1/4 of Section 21,
township and range aforesaid, for the terminus of
said line, together with a temporary construction
easement over that part of the North East 1/4 of
said Section 20 and that part of the North West 1/4
of said Section 21, bounded on the South by the
South line of the North East 1/4 of said Section 20,
bounded on the East by the westerly right of way
line of Randall Road by Document No. 1040510
recorded in the Recorder' s Office of Kane County on
February 18, 1965 and lying 57 . 0 feet either side
of the following described line:
Commencing at the South East corner of the
North East 1/4 of said Section 20; thence westerly
along the South line of said North East 1/4 , a
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distance of 898 . 63 feet for the place of beginning;
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thence northeasterly along a line which forms an
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angle of 118 degrees, 31 minutes, 02 seconds to
the right with the prolongation of the last
described course, a distance of 430 . 07 feet; thence
northeasterly along a line which forms an angle of CO
16 degrees, 30 minutes, 00 seconds to the right with C,n
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the prolongation of the last described course, a
distance of 1750 . 0 feet; thence easterly along a
line which forms an angle of 39 degrees, 30
minutes, 00 seconds to the right with the
prolongation of the last described course, a
distance of 26 . 80 feet to a point on the westerly
right of way line of Randall Road, as aforesaid,
that is 1630 .54 feet northerly of (measured along
said westerly right of way line) the South line of
the North West 1/4 of Section 21, township and range
aforesaid, for the terminus of said line. Excepting
from said temporary construction easement all that
part falling within the aforedescribed permanent
drainage easement as awarded to the City of Elgin by
Judgment Order of March 13, 1981 in condemnation
case 79 ED 11350 .
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IN WITNESS WHEREOF, the CITY OF ELGIN has executed
this instrument by its Mayor, this llth day of July ,
1991 .
CITY OF ELGIN, a municipal
corporation
By
J�� Cam'
Mayor /�'
Attest:
City Clerk-
-(SEAL)
STATE OF ILLINOIS )
ss
COUNTYOFKANE )
ACKNOWLEDGEMENT
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I , , a Notary Public in and for
and residing in County, in the said State aforesaid, CO
do hereby certify that George VanDeVoorde, Mayor of the City I'4)
of Elgin, and Dolonna Mecum, City Clerk of the City of Elgin,
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personally known to me to be the same persons whose names are
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subscribed to the foregoing instrument as such Mayor and City
Clerk, respectively, appeared before me this day in person and WO
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 City of Elgin, for the uses and
purposes therein set forth, and the said City Clerk did also
then and there acknowledge that she, as custodian of the
corporate seal of said City did affix the said corporate seal
of said City to said instrument as her own free and voluntary
act and as the free and voluntary act of said City for the
uses and purposes therein set forth.
r Given under my hand and Notarial seal this /aX, day
#.4D of , 1991 .
This instrument prepared by: rotary Public
Erwin Jentsch, Corp. Counsel
City of Elgin "OFFICIAL SEAL"
150 Dexter Court Beverly Matovich
Elgin, IL 60120 Notary Public,State of Illinois
My Commission Expires 8/1/94
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