HomeMy WebLinkAbout92-0909 Fox Bluff Corp Center Recorded . 9a- 5909
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RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
• FOR SANITARY SEWER PURPOSES
(Fox Bluff Corporate Center)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to
execute an Easement Agreement on behalf of the City of Elgin
with The State Bank of Countryside u/t/a dated June 15, 1990
known as Trust No. 90-689, and The State Bank of Countryside
u/t/a dated June 15, 1990 known as Trust No. 90-690, for
sanitary sewer purposes, for the property legally described as
follows:
PERMANENT EASEMENT
A 30. 00 foot wide, as measured at right angles,
City of Elgin easement lying easterly of the West
line of the said Northwest quarter of Section 26,
the center line of said easement described as
follows : Commencing at the Southwest corner of the
said Northwest quarter of Section 26; thence North
00 degrees 54 minutes 05 seconds West, along the
West line of the said Northwest quarter, a distance
of 988. 12 feet for the point of beginning of said
center line; thence North 89 degrees 29 minutes 05
seconds East, along said center line, a distance of
1185. 00 feet for the terminus of the center line of
said easement. Being situated in Elgin Township,
Kane County, Illinois and containing 0. 81 acre more
or less.
TEMPORARY CONSTRUCTION EASEMENT
A 10.00 foot wide, as measured at right angles,
City of Elgin temporary construction easement lying
easterly of the West line of said Northwest quarter
of Section 26 and lying northerly and southerly of
the above described City of Elgin permanent
easement. Being situated in Elgin Township, Kane
County, Illinois and containing 0.54 acre more or
less.
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to cause the Easement Agreement to be
recorded in the office of the Recorder of Deeds of Kane
County, Illinois.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
•
Presented: September 9, 1992
Adopted: September 9, 1992
Omnibus Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
FILED FOR RECORD
KANE COUNTY. ILL.
9 3 K 0 8 2 4 8 93FEB -3 Atti10: 00
EASEMENT AGREEMENTk'
RECORDER
This agreement is made October 6 , 1992 , by and
between the City of Elgin, a municipal corporation (City) , and The
State of Countryside u/t/a dated June 15, 1990 known as trust
number 90-689 and State Bank of Countryside u/t/a dated June 15,
Z 1990 known as Trust Number 90-690 (hereinafter referred to
collectively as "Owner") .
Owner is the owner of certain real estate ("Owners Property")
located in the County of Kane, State of Illinois, legally described
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on Exhibit A which is attached hereto and incorporated herein by Cl)
reference, and City is desirous of obtaining an easement on a €V
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portion of the Owners Property which shall be referred to an
hereinafter as the "easement premises" and is legally described on VJ
Exhibit B which is attached hereto and incorporated herein by
reference hereto.
The parties have determined that it is in their best interest
for the Owner to grant and the City to accept an easement in and
along the easement premises for underground sanitary sewer
purposes.
Therefore, in consideration of the foregoing, the parties
rte. mutually agree as follows:
co 1. The Owner hereby grants and conveys to the City a non-
exclusive perpetual easement to survey, construct, operate,
maintain, remove, replace or abandon in place and control an
underground sanitary sewer line, subject to the terms and
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(_‘/ 1 1
Return document to: ( T
Dolonna Mecum
Elgin City Clerk "\P
150 Dexter Court
Elgin, IL 60120
conditions hereinafter set forth, in, along, and upon the easement
premises, including surface manholes.
2. The easement herein granted shall be exercised and used
in such a manner as not to cause any damage or destruction of any
nature to the adjoining creek and the flow of water therein.
3 . City shall obtain all permits required for construction
and installation of the sanitary sewer line; during construction
City agrees to maintain liability insurance in the aggregate amount
of $2, 000, 000 naming Owner as an additional insured; and workers'
compensation insurance covering contractors and subcontractors
employed in such amounts as are prescribed by statute.
4. The City agrees that the use hereby granted shall be
limited exclusively to an underground sanitary sewer line and
underground uses incidental thereto.
5. The City agrees it will indemnify, defend and hold
harmless the Owner from all claims and actions in law and in equity
which may arise out of, or as a consequence of the negligence of
the City, or its authorized contractors, subcontractors, agents,
servants or employees, in maintaining, repairing and utilizing the
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utility facilities.
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6. The City agrees that the Owner shall have the right to
use the easement premises and to grant other nonexclusive easements
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in over, along or upon the easement premises; provided, however,
that any such other use or easements shall be subject to the
easement granted herein and such other use or easements shall not
obstruct the easement granted herein. Owner shall notify the City
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of any future intended uses or other easement grants.
7. City takes this easement subject to all other easements,
covenants, conditions and restrictions of record and shall not
interfere with, obstruct or breach any existing easements,
covenants, conditions and restrictions of record.
8. City agrees that it shall, at its sole cost and expense,
restore the easement premises to its former condition subsequent
to any excavation or use by City or its authorized contractors,
subcontractors, agents, servants or employees.
9 . Owner hereby further grants to the City a temporary
construction easement over the real estate described on Exhibit A
which is attached hereto and incorporated herein by this reference
for the purpose of constructing and installing an underground
sanitary sewer in, along and upon the easement premises; such
temporary construction easement shall expire on December 31, 1992 .
10. Upon execution of all documents necessary to effect the
grant of easement, City shall pay Owner the sum of $24 , 000 as
consideration for the grant of easement described.
11. City shall not permit any liens against Owner' s property.
12. City agrees that no special assessment shall be made and
no special service area shall be created to pay the costs of the
sanitary sewer line and no recapture fees shall be imposed upon
Owner for use of said sanitary sewer.
co 12. All rights, title and privileges herein granted,
including all benefits and burdens, shall run with the land and
shall be binding upon and inure to the benefit of the parties,
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their respective heirs, executors, administrators, successors,
assigns and legal representatives.
In witness whereof, the parties have executed or have caused
this instrument to be executed by their proper officers duly
authorized to do so.
CITY OF ELGIN, a m ,nicipal corporation
$
BY:
• . anage
Attest:
City Clerk
OWNERS: p
s►� Gt�'` �U.A.N L. JUTZI, Trust Officer
' he Stat Bank of Countryside u/t/a
• ted Ju e 15, 1990 known as Trust
No. • e-689
Attest:
T st Officer
The Stat, Bank of Countryside u/t/a/
ated J e 15, 1990 known as Trust
No.--90-690
Attest:
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EXHIBIT A
OWNER'S PROPERTY ON WHICH EASEMENT IS GRANTED
PARCEL 1
That part of the North half of Section 26, Township 41 North, Range
8 East of the Third Principal meridian, described as follows:
beginning at a concrete monument on the West line of said Section
26, 983 . 22 feet Southerly of the Northwest corner of said Section
26; thence azimuth 179 degrees 40 minutes 10 seconds (assumed
azimuth 0 degrees 00 minutes 00 seconds North) , along said West
line, 732 . 23 feet to a concrete monument on the South line of lands
formerly owned by John Cox; thence azimuth 90 degrees 00 minutes
00 seconds along said Cox' s South line, 896. 23 feet; thence azimuth
0 degrees 00 minutes 00 seconds, 81. 00 feet; thence azimuth 375
degrees 34 minutes 08 seconds, 474 . 85 feet; thence azimuth 0
degrees 00 minutes 00 seconds, : 178. 22 feet to the South line of
State of Illinois lands; .thence azimuth 269 degrees 54 minutes 26
seconds along the south line of said state lands, 880. 31 feet to
the point of beginnning, in Kane County, Illinois.
PARCEL 2
That part of the North half of Section 26, Township 41 North, Range
8 East of the Third Principal Meridian, described as follows:
commencing at a concrete monument on the West line of said Section
26, 983 .22 feet southerly of the Northwest corner of said Section
26, thence azimuth 179 degrees 40 minutes 10 seconds (assumed
azimuth 0 degrees 00 minutes 00 seconds North) , along said West
line, 732. 23 feet to a concrete monument on the South line of lands
formerly owned by John Cox, thence azimuth 90 degrees 00 minutes
00 seconds along said Cox' s South line, 896.23 feet for the point
of beginning; thence azimuth 0 degrees 00 minutes 00 seconds, 81. 00
feet; thence azimuth 357 degrees 34 minutes 08 seconds, 474 . 85
feet; thence azimuth 0 degrees 00 minutes 00 seconds, 178 . 22 feet
to the South line of State of Illinois Lands; thence azimuth 89
degrees 54 minutes 26 seconds, along the south line of said state
lands, 992 . 14 feet; thence azimuth 180 degrees 00 minutes 00
seconds, 735.25 feet to the South line of said Cox' s land; thence
azimuth 270 degrees 00 minutes 00 seconds, along said Cox' s South
co line, 972 . 00 feet to the point of beginning, in Kane County,
=�= Ilinois. •
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1,R4CEIVED 07/22 13:47 1992 AT 3123468225 PAGE 6 (PRINTED PAGE 6) ]
JUL-22-92 WED 13:29 CITY of ELGIN-LEGAL FAX NO. 17089315665 P. 06
EXHIBIT B
Buxnidge and Westphal, Inc.
Professional Land$u vayo4
•
;E11!J$ENT IABT 07' 70lt ELU ? Q RPoRAT17 ctwrn
A PERMANENT CITY OF ELaXN IMONXBNT AND A rBXPOPAfY comsTRtJCTIOx RASENXNT
FOR PART O! TEE NORTRWEBT QUARTER OF SECTION 24, TOWNSHIP 41 NORTH,
*Axon S EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS
aRx . ElfT
A 30.00 FOOT AZDII, AS )(RAMMED AT RIGHT ANGLES, CITY OP ILOIN EASEMENT
XTINO EASTERLY OF THE HEST LIN! OF THE RAID NORTHWEST QUARTER OF SECTION
26, THE CENTER Lass Op SAID oasoxoNT DESCR DED As PO/.Lows: COO( NCING
AT TN SOUTHWEST CORM OF THE SAID NORTHWEST QUARTER OF ORATION 26;
THHN 1 MOSTR 00 DEGREES S4 MINUTES 0S SECONDS PERT, ALONG TRN WEST LINE
OF THE SAID NORTHWEST QUARTER, A DISTANCE OF 888.12 FEET POR TUE POINT
OF BEOIERINO O!' SAID CH1 TE LIEN; TE* cls NORTH S, OEGRBES Is MINUTES OE '
SECONDS BAST, ALONG SAID CENTRE LIN'Z, A DI61'AI4CE OF 1105.00 FEST FOR TN!
TERMINUS OF 'TEE CENTER LINE OP SAID EASEMENT. BEING SITUATED IN ELGIN
TOWNSHIP, ZANE COUNTY, ILLINOIS AND CONTAINING 0.11 ACRE NOES OR LESS.
sasPQRMY cOlt$TRUcTIOW ZA
* 10.00 TOOT WIDE, U )(EAUVR!D AT RIGHT ANGLER, CITY or ILCIN TzuvOAAAY
CONSTRUCTION EASEMENT LYING EASTERLY OF THE WEST LIEN O? SAID NORTHWEST
QUARTER Ot SECTION 26 AND LYING NoRTHERLY AND SOUTHERLY OP THE ABO?!
DESCRXEED CITY OF ELGIN PERMANENT EASEMENT. BEING SITUATED IN ELGIN
ORbIBSIP, ZAN! COUNTY, ILLINOIS AND CONTAINING 0.14 ACRE MORE OR LISS.
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163 N. Edison Avenue • EICin,IIHnols 60123 • 708.888-2610 • FAX 708-888-2629
ZOd etc) Sl S9 SS9 2IC LC:9C LI-LL-)!SL
FILED FOR i-d:CORD
KANE COUNTY, ILL.
93K08248 93 FEB -3 HO:AI 5
RECORDER