HomeMy WebLinkAbout92-0122 Metro Easement Recorded Passed: January 22 , 1992 R qa --olaa
Omnibus Vote: Yeas 6 Nays 0 L
Recorded: !`'��"f fly EQSe1�1 f()'I
Published:
'� Attest:
•
s/ Dolonna Mecum
1.. Dolonna Mecum, City Clerk ;1
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PPpPPP ' RESOLUTION ADOPTED AUTHORIZING EXECUTION OF AN EASEMENT GRANT AND
. AGREEMENT FOR STORM WATER AND SANITARY SEWER PURPOSES (METRO
, PROPERTY)
;i Councilwoman Moylan made a motion, seconded by Councilman Fox, to
•, adopt the aforementioned resolution. Yeas : Councilmembers Fox,
y Gilliam, Moylan, Walters, Yearman, and Mayor VanDeVoorde. Nays :
&f, None. ,,.
fs. RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT GRANT AND AGREEMENT
FOR STORM WATER AND SANITARY SEWER PURPOSES
(Metro Property)
jf .,
-t' '. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum, City
} Clerk, are hereby authorized and directed to execute an Easement
Grant and Agreement for storm water and sanitary sewer purposes
kc1 for the property legally described as follows :
Permanent Easement
The South 15 feet: Also the East 15 feet of
the West 55 feet of the South 425 feet, except the
South 15 feet, of the West 500 feet of the East half
of the Southwest quarter of Section 28, Township 41 •
North, Range 8, East of the Third Principal •
et Meridian, in the Township of Elgin, Kane County,
Illinois .
u
it
Construction Easement
11 The South 30 feet: Also the East 30 feet of
) the West 70 feet of the South 425 feet, except the
South 30 feet of the West 500 feet of the East half
of the Southwest quarter of Section 28 , Township 41
k. North, Range 8, East of the Third Principal
Meridian, in the Township of Elgin, Kane County,
°��` Illinois .
VOLUME LVII JANUARY 22, 1992 32
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to cause the Easement Grant and
;`;! Agreement to be recorded in the office of the Recorder of Deeds
of Kane County, Illinois.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: January 22, 1992
Adopted: January 22, 1992
as Omnibus Vote: Yeas 6 Nays 0
Recorded:
Attest:
>`. s/ Dolonna Mecum
Dolonna Mecum, City Clerk
EXECUTION OF AN :EASEMENT GRANT FOR
,�� RESOLUTION �lPTED AUTHORIZING
-: STORM WATER • ' SANITARY SEWER PURPOSES (ANES7'PROPERTY)
Councilwoman Moy1= made a motion, seconded by Councilman Fox, to
adopt the aforement 'oned resolution. Yeas : Councilmembers Fox,
Gilliam, Moylan, Wal -rs, Yearman, and Mayo VanDeVoorde. Nays :
None. `
'ESOLUTION
AUTHORIZING EXEC '.ION OF EASEMENT GRANT
FOR STORM WATER AND SANI ARY SEWER PURPOSES
(Anest • operty)
BE IT RESOLVED BY THE CITY COU IL OF THE CITY OF ELGIN,
ILLINOIS, that George VanDeVoorde, Ma or, and Dolonna Mecum, City
Clerk, be and are hereby au orized an. directed to execute an
Easement Grant between Bil Anest and 01. - Anest, his wife and a'
Peter Anest and Thalia An-st, his wife, to he City of
Elgin, dated November 6, 1991, in conjunctio with the Easement
Agreement attached, between The Zale Group, In. , an Illinois
Corporation, American 'ational Bank & Trust Comp"ny of Chicago, as
Trustee under Trust ' .reement dated September 29 , 989 and known , }
as Trust No. 109526 $4 , and Bill Anest and Peter An- t, dated
November 6, 1991, or storm water and sanitary sewer p• poses for
the property leg. ly described as follows :
Easement One
�.� Commencing at the South Quarter corner of
Section 28 : thence S-89° 39 ' 39"-W, along the South
line of said section, a distance of 565 . 39 feet to
the point of beginning; thence S-89° 39 ' 39"-W,
r`Yo.bN3G )n�fi`gl '7 g KANEE COti'tREu:O L.
92, 10973 92_ FEB 19 PM12: 45
RECORDER
EASEMENT GRANT
AND
AGREEMENT
This is an easement grant and agreement and a covenant running
with the land, made between Metro Utility Co. , an Illinois corporation
(herein referred to as "Metro") and American National Bank and Trust
Company of Chicago, as trustee under trust agreement dated September
29, 1989, and known as trust number 109526-04 (herein referred to as
"ANB") , and the City of Elgin, a municipal corporation ("Elgin") . The
following recitals are an integral part of this document.
A. Metro is the owner of a tract of land hereafter referred
to as "Parcel 1" . Parcel 1 is legally described on Exhibit "A" .
CD
B. Parcel 2 is owned by ANB and is legally described on Exhibit J
"B" which is attached hereto and made a part hereof. -4
C. Parcels 1 and 2 are both within the jurisdictional limits CD
of Elgin.
D. The purpose of this document is to create easements and the N
necessary covenants and agreements for construction, installation,
maintenance and repair of storm water sewer lines in order to drain
storm water from Parcel 2 to a storm water sewer line located within
the right-of-way for Randall Road adjacent to Parcel 1. The storm
water sewer lines are necessary for the development of Parcel 2 into
single and multiple family residential uses.
E. A drain tile presently exists crossing Parcel 1 to service
Parcel 2 . The easements hereby created exist independently of the
easements previously created for drain tile. The existing drain tile
shall not be removed from Parcel 1; however, said drain tile shall not
be used by ANB after construction of the storm water sewer lines
contemplated herein, and the existing easements shall be abandoned by
ANB at that time.
Now, therefore, incorporating by reference the above recitals,
Metro grants to ANB and Elgin the easements hereinafter set forth and
covenant with each other according to the covenants hereinafter set
forth.
1. The survey hereto attached as Exhibit "C" (the "Survey")
depicts and describes a fifteen (15) foot wide easement for storm
water sewer, characterized as "Storm Sewer Easement" (the "Easement") .
4E0 Said easement is hereby granted by Metro as a perpetual easement
appurtenant to Parcel 2 . The legal description of said easement is
attached hereto and made a part hereof of Exhibit "D" . ANB, Elgin and
'AEL - RWR/jm111291. 001
DCLCNNA MECUf , CITY CLERK
CITY OF ELGIN cc
150 DEXTER CT p1 �3� c (4 ( ) /
ELGIN, IL 60120 ° " 1;
,1Ltt t ll : r r} i (` g ` 3 a .9-0
their successors and assigns, shall have the perpetual right to
install, use, maintain, replace and repair storm sewer lines installed
within said Easement area.
2 . A temporary construction easement, (the "Construction
Easement") thirty (30) feet in width as designated on the Survey and
legally described on Exhibit "E" , attached hereto and made a part
hereof, is hereby granted by Metro. ANB and Elgin shall have the
right to park, store, use and operate construction equipment and
machinery and all necessary tools, equipment, pipes and conduits upon
the Construction Easement. Personnel of Elgin or any beneficiary of
ANB and any agent, contractor, employee or subcontractor of Elgin or
the beneficiary of ANB shall be permitted access to the Construction
Easement. This temporary Construction Easement shall expire one (1)
year from the date of this Easement Grant and Agreement. (The
Easement and Construction Easement shall be collectively referred to
herein as the "Sewer Easements") .
3 . With respect to each Sewer Easement created hereby, the
user thereof shall enjoy all incidental rights, including, without
limitation, the right to install necessary or convenient facilities,
all without undue inconvenience to the fee owner. Said facilities
include cables, conduits, braces, guys, anchors, drain pipes,
facilities redirecting drainage, and other facilities whether similar
to or different from those herein described, which may temporarily be
necessary for the construction of the storm water sewer. The user
shall have the right to cut, trim or remove trees, bushes and roots
as may be reasonably required incident to the rights herein given, and
the right to enter upon the property for all such purposes.
Obstructions shall not be placed over grantees ' facilities or in, upon
or over said designated easements without the prior written consent
of grantees. After installation of any such facilities, the grade of
the subdivision property shall not be altered in a manner so as to
interfere with the proper operation and maintenance thereof. All
installations shall be underground or on the surface but not overhead.
No permanent buildings or other structures are to be erected or
maintained upon said easements, but the owner or owners of any portion
of Parcel 1, shall take their title subject to the rights of ANB,
Elgin and their successors and assigns.
4 . All such installation shall be done so as to cause a minimum
of inconvenience to the fee owner.
5. All Sewer Easements may be used by employees, agents,
contractors, beneficiaries, licensees and others having an interest
in Parcel 2 .
6. As to the dominant tenements, all Sewer Easements hereby
created are appurtenant to any land that may hereafter come into
common ownership with the dominant tenements hereby created. "Common
ownership" includes not only ownership but the acquisition of any
interest that may have useful and reasonable occasion to utilize,
2 RWR/jm111291. 001
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7 ( � {
subject to the limitations set forth herein, these Easements,
including, without limitation, leasehold estates, rights under
installment contracts and easement rights.
7 . Said Storm Sewer Easements are also appurtenant to any land
that may hereafter come into common ownership with Parcel 2 aforesaid
and that is contiguous to Parcel 2 . An area physically separated from
Parcel 2 but having access thereto by means of public ways or private
easements, rights or licenses is deemed to be contiguous to Parcel 2 .
8 . Should ANB so desire, ANB may apply forthwith for a title
insurance policy insuring the Storm Sewer Easements hereby granted
and Metro shall make available for inspection by the title company
any evidence of title in its possession.
9 . Metro ' s address is 143 South Lincolnway, North Aurora,
Illinois 60542 ; and ANB' s address is c/o The Zale Group, 100
Lexington, Buffalo Grove, IL 60089 ; and Elgin's address is 150 Dexter
Court, Elgin, IL, 60120. Any party shall lodge written notice of
change of address with the other. All notices shall be sent by U.S.
mail, postage paid, to the addresses provided for in this paragraph
and shall be deemed given when placed in the mail. The affidavit of
the person depositing the notice in the U.S. Postal Service receptacle
shall be evidence of such mailing.
10. The Storm Sewer Easements hereby created run in favor of
any division that may be made of Parcel 2 , whether by conveyance,
lease or any other instrument whatever.
11. It is contemplated that Parcel 2 may be developed and
divided so that use of the Storm Sewer Easements will increase over
time. This shall not be deemed an unlawful increase of burden but
in no case shall the use of the Storm Sewer Easement interfere with
the use or development of Parcel 1 by Metro or its agents or assigns.
12 . Vehicles using such Storm Sewer Easements to service or
repair the dominant or servient tenements may park for reasonable
periods for repair purposes, but for no other purposes.
13 . It is understood that the installation, maintenance, or
repair of installations in the Storm Sewer Easement area may, at
times, require temporary use of reasonable areas of adjoining land,
such as for the parking of needed equipment. This is a right incident
to the Easement where used reasonably.
14 . Real estate taxes upon the Storm Sewer Easement area shall
be paid by the fee owner.
15. The Easement rights include the right to make additions to
the original facilities, including those larger in size than the
original facilities, to replace, maintain and repair them, to move
them to any place within the Easement area, and to have reasonable
3 RWR/jm111291. 001
c1 R L: 1 1
access for all such purposes. Such replacement, maintenance and
repair however shall not interfere with the use of the property by
Metro or assigns.
Plans for the original installation and any additions or
modifications thereafter shall be approved by Metro provided however
that Metro shall review any plans within seven (7) days after receipt
and shall make any suggestions or comments within that time. The
approval of any design or plans shall not be unreasonably withheld.
16. It is intended that all Sewer Easements be non-exclusive
and Metro may tap into any facility installed by ANB, subject to the
review and approval of the City Engineer whose approval or disapproval
shall be based upon generally accepted engineering design standards.
Reviews shall be made within reasonable time limits and approval shall
not be unreasonably denied.
The granting of storm sewer easements shall not make them
exclusive to ANB for the use of Storm Sewers and the easements may
be available for other uses and purposes i.e. electric, gas,
telephone, cable TV, etc. provided however that such use shall not
interfere with use by ANB for storm sewer easements.
17 . This instrument must not be construed as warranting the
title to Parcel 1. It is subject to existing taxes, mortgages,
leases, easements and all other encumbrances.
18 . The designation Metro, Elgin and ANB includes their
successors and assigns and the beneficiaries of any trust holding
title to either parcel . All rights conferred hereby on any party
hereto run in favor of any and all beneficiaries of any trust holding
title to or any interest in any part of the Metro or ANB premises.
This shall be deemed a covenant running with the land binding on the
parties and their successors and assigns, including trust
beneficiaries so that both benefit and burden shall run with the land.
19 . After installation, maintenance or any change or repair of
the storm water sewer is complete, the beneficiaries of ANB shall
restore the surface of the Storm Sewer Easements to the same condition
as shall exist prior to commencement of construction with the
exception of any surface facilities required for the storm water
sewers. Metro shall be responsible for maintenance of the surface of
the Easement area after ANB' s beneficiaries return the Easement area
to its condition prior to commencement of construction.
20. Upon completion of construction of the Storm Water Sewer
by ANB or its successors and assigns and its inspection by Elgin for
compliance with plans, specifications and workmanship and completion
of a one (1) year maintenance warranty, Elgin shall assume all
responsibility for the maintenance, repair and replacement of the
storm water sewers located within the Easement.
4 RWR/jm111291. 001
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IN WITNESS WHEREOF the parties hereto have hereunto set their
hands and seals this /l' '` day of , 1991.
METRO UTILITY CO.
ATTES : ,?
Byi/e/ret/L,,Jell_ () ZZL
Secretary resident
AMERICAN NATIONAL BANK AND TRUST
COMPANY OF CHICAGO, as Trustee
under Trust Agreement dated
September 29, 1989, and known as
Trust Number 10 26-04, and not
ATTEST* personal
//(//",__
By
As-.istan Secr= ary Vice esident
CITY OF ELGIN, a municipal
corporation
ATTEST:
r
. k-1'1,0-12 By tee/// ',L
Clerk of the City of Elgin Mayor 7
This instrument is executed by the undersigned Land Trustee,not personally but solely as
Trustee in the exercise of the power and authority conferred upon and vested in it as such
Trustee. It is expressly understood and agreed that all of the warranties, indemnities,
representations,covenants,undertakings and agreements herein made on the part of the
Trustee are undertaken by it solely in its capacity as Trustee and not personally.No personal
or(psjond lily is assumed by or shall at any time be asserted or
elk Cble against. (f9.i, on account of any warranty,indemnity,representation,
Covenant.undertef?ng or agr of the Trustee in this instrument.
This instrumetn 'prepared by:
Richard W. Rappold
. Attorney at Law 5 RWR/jm101491. 001
30 N. LaSalle'', ,Suite 2400
Chicago, IL ,r60602
92 K ( 0973
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
I Kristie E. P�,^,ittl , a Notary Public, in and for
and residing in said County, in the State of aforesaid, do hereby
certify that J. MIrpAFT. Fdkl -A.ly , Assistant Vice President of AMERICAN
NATIONAL BANK AND TRUST COMPANY OF CHICAGO, and Gregory S. Kaspr7ytt
, Assistant Secretary of said Bank, personally known to me to be the
same persons whose names are subscribed to the foregoing instrument as
such Assistant Vice President and Assistant 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 Bank, as Trustees as
aforesaid, for the uses and purposes therein set forth; and the said
Assistant Secretary then and there acknowledged that said Assistant
Secretary, as custodian of the corporate seal of said Bank, did affix
the corporate seal of said Bank, for the uses and purposes therein set
forth.
OCT 1 " !;.
Given under my hand and Notarial Seal, this day of _
, A.D. 1991.
-1Q C. , aA1.-,a5 )
OFFICIAL SEAL" Notary Public
KRISTIE E. PACITTI
l f
(NOTARIAL EA °tary Public, State of Illinois
Commission Expires 7/9/95
6 RWR/jm101491 . 001 /
(
'� 2rt i 6J 7 3
STATE OF ILLINOIS )
SS.
COUNTY OF ,_.- CC )
I, J.C,e,,,, c.L) 2. C...), , a Notary Public, in and for and
residing in said Ginty, in the State of aforesaid, do hereby certify
that `7/a_, ),,-7 7(1, r Pres,.dent of METRO UTILITY CO. , an Illinois
Corporation, and --�� z -j,? , ,)7. /a2,,C . , Secretary of said Corporation,
personally known to me to be the same persons whose names are
subscribed to the foregoing instrument as such 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, as officers as aforesaid, for the uses and purposes
therein set forth.
b'
Given under my hand and Notarial Seal, this �' day of _
0e2��42 '_� A. D. 1991.
�� 2-C..;+_L;2. , Ci :�Gu^..)
Notary Public
(NOTARIAL SEAL)
"OFFICE c
2/10/93
7 RWR/jm101491. 001
92 ; 0973
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STATE OF ILLINOIS )
SS.
COUNTY OF KANE )
I, Beverly Matovich , a Notary Public, in and for and
residing in said County, in the State of aforesaid, do hereby certify
that George VanDeVoorde , Mayor of the CITY OF ELGIN, an Illinois
municipal Corporation, and Dolonna Mecum , Clerk of said
municipal Corporation, personally known to me to be the same persons
whose names are subscribed to the foregoing instrument as such Mayor
and Clerk, 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 municipal corporation, as officers as aforesaid, for the uses and
purposes therein set forth with the full power and authority granted
to them to enter this Agreement by the members of the City Council of
the City of Elgin.
Given under my hand and Notarial Seal, this 23rd day of _
January , A.D. 1999.
tary Public
(NOTARIAL SEAL)
((1 "OFFICIAL SEAL"
i Beverly Matovich
Notary Public,State of Illinois
My Commission Expires 8/1/94
8 RWR/jm101491. 001
92K 1 0973
EXHIBIT A
PARCH, 1
METRO UTILITY PROPERTY
PIN 06-28-300-004
DESCRIBED AS FOLLOWS:
THE SOUTH 520 FEET OF THE WEST 500 FEET OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 41 NORTH, RANGE 8,
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF ELGIN,
KANE COUNTY, ILLINOIS.
2Tr i 0973
EXHTRIT B
LEGAL DESCRIPTION
THAT PART_ OF THE NORTH HALF OF SECTION 33, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST
CORNER OF SAID SECTION 33; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SECTION, A''
DISTANCE OF 1605.78 FEET TO THE NORTHEAST CORNER OF LAND CONVEYED BY DEED DATED
SEPTEMBER 18, 1900 AND RECORDED DECEMBER 10, 1900 IN BOOK 404, PAGE 422, AS
DOCUMENT 48033 FOR THE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ALONG THE
NORTH LINE OF SAID SECTION 33, A DISTANCE OF 1035.92 FEET TO THE NORTHEAST CORNER
OF THE NORTHWEST QUARTER OF SAID SECTION 33; THENCE EASTERLY ALONG THE NORTH LINE
OF THE NORTHEAST QUARTER OF SAID SECTION 33, A DISTANCE OF 990 FEET TO THE
NORTHEAST CORNER OF THE WEST 60 RODS OF SAID NORTHEAST QUARTER; THENCE SOUTHERLY
ALONG THE EAST LINE OF THE WEST 60 RODS OF SAID NORTHEAST QUARTER A DISTANCE OF
2661 .9 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE WESTERLY ALONG THE SOUTH LINE
OF SAID NORTHEAST QUARTER, A DISTANCE OF 990 FEET TO THE SOUTHWEST CORNER THEREOF;
THENCE WESTERLY ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 33,
A DISTANCE OF 2073.34 FEET TO A POINT 577.5 FEET EAST OF, AS MEASURED ALONG SAID
SOUTH LINE TO SOUTHWEST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTHERLY
PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1216.28 FEET
TO THE CENTER LINE OF HOPPS ROAD; THENCE EASTERLY ALONG SAID CENTER LINE, A
DISTANCE OF 1044.78 FEET; THENCE NORTHERLY, A DISTANCE OF 1438.05 FEET TO THE
PLACE OF BEGINNING, IN THE TOWNSHIP OF ELGIN, (EXCEPT THAT PART THEREOF FALLING
WITHIN RANDALL ROAD AS DEDICATED PER DOCUMENT NUMBER 828719, RECORDED FEBRUARY 26,
1957 AND FILED IN BOOK 1831 ON PAGE 29, PLAT FILED IN BLUEPRINT BOOK NO. 28), IN
KANE COUNTY, ILLINOIS.
EXHIBIT D -
PERMANENT EASEMENT:
THE SOUTH 15 FEET; ALSO THE EAST 15 FEET OF THE WEST 55 FEET OF
THE SOUTH 425 FEET, EXCEPT THE SOUTH 15 FEET, OF THE WEST 500
FEET OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 28,
TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS.
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