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HomeMy WebLinkAbout92-0812 Sewer Easement N. McLean Recorded 9a-081a awen ., tet N. 1'►le k.e ttxr RESOLUTION ACCEPTING A GRANT OF NONEXCLUSIVE SANITARY SEWER EASEMENT (North McLean Boulevard) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a Grant of Nonexclusive Sanitary Sewer Easement for the property legally described as follows : Part of the Northwest quarter of Section 32 , Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Permanent Easement A City of Elgin permanent easement, described as follows : Commencing at the Southeast corner of said Northwest quarter; thence North 01 degree 51 minutes 04 seconds East, along the East line of said Northwest quarter, a distance of 962 .26 feet to the northeasterly line of Illinois State Toll Highway Commission Parcel No. N-4D-57, as monumented, for the point of beginning; thence North 58 degrees 15 minutes 38 seconds West, along said northeasterly line, a distance of 46 . 14 feet to a line that is 40 . 00 feet, as measured at right angles, westerly of and parallel with the said East line of the Northwest quarter; thence North 01 degree 51 minutes 04 seconds East, along said parallel line, a distance of 935 . 65 feet to a line that is 55 . 25 feet, as measured at right angles, southwesterly of and parallel with a pipeline as field located by the Badger Pipeline Company; thence North 71 degrees 32 minutes 41 seconds West, along said parallel line, a distance of 1337 . 61 feet to the East line of the North half of the Northwest quarter of the said Northwest quarter; thence North 01 degree 51 minutes 58 seconds East, along said East line, a distance of 41 . 74 feet to a line that is 15 .25 feet, as measured at right angles, southwesterly of and parallel with the aforesaid pipeline as field located by the Badger Pipeline Company; thence South 71 degrees 32 minutes 41 seconds East, along said parallel line, a distance of 1379 . 34 feet to the aforesaid East line of the Northwest quarter; thence South 01 degree 51 minutes 04 seconds West, along said East line, a distance of 988 .46 feet to the point of beginning. Being situated in the City of Elgin, Kane County, Illinois, and containing 2 . 13 acres more or less . Temporary Construction Easement A City of Elgin temporary construction easement, described as follows : Commencing at the Southeast corner of said Northwest quarter; thence North 01 degree 51 minutes 04 seconds East, along the East line of said Northwest quarter, a distance of 962 .26 feet to the northeasterly line of Illinois State Toll Highway Commission Parcel No. N-4D-57, as monumented; thence North 58 degrees 15 minutes 38 seconds West, along said northeasterly line, a distance of 46 . 14 feet to a line that is 40 . 00 feet, as measured at right angles, westerly of and parallel with the said East line of the Northwest quarter for the point of beginning; thence North 01 degree 51 minutes 04 seconds East, along said parallel line, a distance of 935 . 65 feet to a line that is 55 .25 feet, as measured at right angles, southwesterly of and parallel with a pipeline as field located by the Badger Pipeline Company; thence North 71 degrees 32 minutes 41 seconds West, along said parallel line, a distance of 1337 . 61 feet to the East line of the North half of the Northwest quarter of the said Northwest quarter; thence South 01 degree 51 minutes 58 seconds West, along said East line, a distance of 41 . 74 feet to a line that is 95 .25 feet, as measured at right angles, southwesterly of and parallel with the aforesaid pipeline; thence South 71 degrees 32 minutes 41 seconds East, along said parallel line, a distance of 1275 .01 feet to a line that is 100 . 00 feet, as measured at right angles, westerly of and parallel with the aforesaid East line of the Northwest quarter; thence South 01 degree 51 minutes 04 seconds West, along said parallel line, a distance of 877 . 32 feet to the aforesaid northeasterly line of the Illinois State Toll Highway Commission Parcel No. N-4D-57; thence South 58 degrees 15 minutes 38 seconds East, along said northeasterly line, a distance of 69 .20 feet to the point of beginning. Being situated in the City of Elgin, Kane County, Illinois and containing 2 .44 acres more or less . BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Grant of Nonexclusive Sanitary Sewer Easement and Plat of Easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois . s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: August 12, 1992 Adopted: August 12, 1992 Omnibus Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk GRANT OF NONEXCLUSIVE SANITARY SEWER EASEMENT 32 NO THIS AGREEMENT is made and entered into this 2nd day of z July , 1992, by and between American National Bank and Trust Company of Chicago, Trustee under Trust Agreement dated E September 15, 1988, and known as Trust No. 1064740-02 0rry-77 ( "Grantor" ) , and City of Elgin, a municipal corporation p ( "Grantee" ) . CM - 2C WITNESSETH: w. WHEREAS, Grantee proposes to construct a sanitary interceptor sewer ( "Interceptor Sewer" ) across and through Grantor's property, located in the City of Elgin, Kane Count 1'0 D� Illinois; and 4a WHEREAS, Grantee requires easements for the placing ofthe , Interceptor Sewer and a temporary working space to so place4he `= Interceptor Sewer. '- `j rn THEREFORE, in consideration of the mutual covenants and Lo promises contained herein, the parties agree as follows: o ro 1. Grantor hereby grants in perpetuity to Grantee a non- exclusive easement for the construction and maintenance CD of the Interceptor Sewer in, over and upon the property cn described on the attached "Plat of Easements" and N further described in the Plat as the "Permanent Easement" . Such easement grant is subject to the C? rights of BADGER PIPE LINE COMPANY, its successors and !V assigns, under the terms of a grant of right of way Z' dated April 15, 19954, and recorded May 6, 1954 (Kane VD County Document No. 749944) to the extent the grant of easement herein overlaps the above right of way grant to BADGER PIPE LINE COMPANY. 2 . Grantor hereby further grants to the Grantee a temporary working space consisting of the property described in the attached "Plat of Easements" and further described in the Plat as a "Temporary Construction Easement" . 3. Grantor and Grantee agree that all costs involved in the construction of the Interceptor Sewer shall be borne by the Grantee, and Grantor shall only be responsible for such costs or fees as are specified in the terms and provisions of the Annexation Agreement dated June 26, 1991, by and between the City of Elgin and American National Bank and Trust Company of Chicago, Trustee under Trust Agreement dated September 15, 1988, and known as Trust No. 106474-02 . e-' '4) fit\ Y N 1q3 9 2 K 5 9 0 0 6 � ' (l 1 tO 4 . Grantee agrees that the construction of the Interceptor Sewer will be performed in a workmanlike manner and in substantial conformance with the designs and specifications of the Interceptor Sewer prepared by the consulting engineer. 5. Grantee agrees that it shall solely be responsible for the maintenance and operation of the Interceptor Sewer. 6 . Grantee agrees that it shall indemnify Grantor from any and all claims for any damage to real and personal property and injuries to or death suffered by persons by reason of the construction, repair, maintenance, or operation by Grantee of the Interceptor Sewer within the limits of the subject property. 7 . Grantee agrees that it shall remove all surplus excavation and other spoil from the subject property. 8. Grantee and Grantor agree that nothing contained herein shall limit Grantor's right to regrade the soil over the easement, or pave or otherwise surface the easement for Grantor's use for roads or parking. 9 . Grantor agrees that it shall not construct, erect, grow or place any permanent buildings, structures, trees or shrubs within the easement area, except that Grantor shall have the right to install and maintain a paved parking surface, including sidewalks, curbs and roadways, over the easement area. Except for unpermitted obstructions upon the easements conveyed herein, the City of Elgin shall repair or replace any damage caused to Grantors' property as a result of the installation, repair or replacement of any public utility by the City of Elgin so that said property is in substantially the same condition and state as it was before said work was undertaken. 10. Grantee and Grantor agree that nothing contained herein shall limit Grantor's right to use the area contained within the easement for purposes of water detention, provided that such detention shall not be utilized where the water so detained would come into contact 2 92K59006 with the manholes placed along or in the Permanent Easement. IN WITNESS WHEREOF, Grantor has set its hands and seal to this Grant of Easement, this 2nd day of July 1992 . American National Bank and Trust Company of Chicago, not personally, but solely as Trustee under a Trust Agreement dated September 15, 1988, and known as Trust No. 106474-02 By: Its: ;WO VI(E- 147•16V. Attest: Grec-y •n - B y: 6072 rvoot000tew as._ Its: ! /tss 56747 tad'el"'*/116.-2Pvlokti c13'18/1a6.,kuTb?warTac°P:' tn5V1.M3nt 6 81.9%trie Poe( '1V4° 1%coBc,lak . \.‘e oeraso '• 3 oeole ‘‘' 40'144,"• —sed - 4)-ofc'31`) < ' es161;too Vni 01-3 146(31\,;Irloc,,,-;,2;it 243c3,..ris'n8 °-ro'3194 ;f Ce'atira 3V." agri3,3m5 State of of Illinois ) ) ss: County of Cook I, the undersigned, a Notary Public in and for said County and State aforesaid, do hereby certify that Peter H. 7oliszMtni as Second Vice President of American National Bank and Trust Company of Chicago, not personally, but solely as Trustee under a Trust Agreement dated September 15 1988, and known as Trust No. 106474-Q2, And GregOry g. Kasprzykas ASSISTANT SEC SECrCLIJRT personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such rres!APnt and ASSISTANT SECRETARY respectively, appeared before me this day in person and acknowledged that they signed and delivered said instrument as their own free and voluntary act and as the free and voluntary act of said baAysA9T4ahammes and purposes therein set forth, and the said did also then and there acknowledged that he/she, as custodian of the corporate seal of said bank, did affix the said corporate seal of said bank to said 3 4 2 IA5 9006 instrument as his/her free and voluntary act and the free and voluntary act of said bank, for the uses and purposes therein set forth. m 0 2, VI ql GIVEN under my hand and notarial seal this day day of , 1992 . )11 (k(C0 - Nota 'SiKOS PPA ot MINIS state. ,9a tiotar4 . Entre% CornmssIon PREPARED BY: Raymond F. Dalton, Jr. RITT & DALTON, P.C. 1130 North McLean Blvd. Elgin, IL 60123 client disk 06/24/92 a:grant.jae 4 9 2 5 9 0 0 6 171 FILED FOR RECORD FILED BUJEiail!IIT BOOK KANE CC1-,i NI Y. ILL. 92K59006 AUG 1 9 PH 9: 30 C-1^,f `.:•"/".