HomeMy WebLinkAbout92-1216 Sewer Easement Valley Creek Recorded . 9a- ra«
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RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT FOR EASEMENT AND
PLAT OF EASEMENT FOR SANITARY SEWER PURPOSES
(Valley Creek of Elgin, Inc. )
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum,
City Clerk, be and are hereby respectively authorized and
directed to execute an Agreement for Easement and Plat of
Easement for sanitary sewer purposes with Valley Creek of
Elgin, Inc. for the property legally described as follows :
A 50. 00 foot wide, as measured at right angles,
City of Elgin permanent easement in part of
Section 9, Township 41 North, Range 8 East of the
Third Principal Meridian, lying easterly of the
easterly right of way line, as monumented, of
Randall Road and westerly of the westerly right of
way line of North Lyle Avenue, the center line of
said easement described as follows : Commencing at
the Northwest corner of Lot 451 of Valley Creek Unit
No. 11, being a subdivision of part of said
Section 9, township and range aforesaid; thence
North 10 degrees 27 minutes 26 seconds East, along
said easterly right of way line, a distance of 39 . 76
feet; thence North 24 degrees 41 minutes 03 seconds
East, along said easterly right of way line, a
distance of 179 . 72 feet for the point of beginning
of said center line; thence South 69 degrees 11
minutes 47 seconds East, along said center line, a
distance of 422 . 86 feet; thence North 80 degrees 40
minutes 35 seconds East, along said center line, a
distance of 774 . 49 feet; thence South 69 degrees 13
minutes 32 seconds East, along said center line, a
distance of 364 .70 feet; thence North 76 degrees 35
minutes 24 seconds East, along said center line, a
distance of 323 .74 feet; thence South 75 degrees 08
minutes 34 seconds East, along said center line, a
distance of 530 . 37 feet to the said westerly right
of way line of North Lyle Avenue and the terminus of
said easement center line. Being situated in the
City of Elgin, Kane County, Illinois and containing
2 .77 acres more or less .
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to cause the 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: December 16, 1992
Adopted: December 16, 1992
Omnibus Vote: Yeas 7 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
FILED IN BLUEPRINT BOOK# fa K A td
93X32677 (3i MAYE i r 14. 0 ;
AGREEMENT FOR EASEMENT ,.t . _, l F'
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THIS AGREEMENT, made and entered into this 18T day of
December, 1992 , by and between VALLEY CREEK OF ELGIN, INC. , a
Delaware corporation, having its principal place of business at
574 N. McLean Boulevard, Elgin, Illinois ( "Valley Creek" ) and
THE CITY OF ELGIN, ILLINOIS, a municipal corporation, of the
Counties of Cook and Kane, in the State of Illinois ( "City" ) .
RECITALS
A. Valley Creek is the owner of certain real estate
( "Real Estate" ) depicted on Exhibit A attached hereto.
B. The City desires to construct a 36 inch gravity CD
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flow sanitary interceptor sewer ( "Interceptor" ) across a portion uD
of the Real Estate and, in pursuance of such construction, has CD
requested a permanent easement, however to strict compliance W
with the terms and provisions of this Agreement.
NOW, THEREFORE, in consideration of the mutual
covenants contained herein and of other good and valuable
consideration, receipt of which Valley Creek and the City
c.s.>
acknowledge, it is hereby agreed as follows :
1. Valley Creek agrees to execute such documents
reasonably required by the City for the granting of a 50 foot
permanent easement across that portion of the Real Estate
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Return to:
Elgin City Clerk
City of Elgin
150 Dexter Court 7
6222
Elgin, IL 60120
described on Exhibit A attached hereto ( "Permanent Easement
Parcel" ) . Valley Creek shall review and, if reasonably
satisfactory, execute the easement documents promptly upon
submission thereof by the City and City shall not enter upon any
portion of the Real Estate until such easement documents have
been executed by Valley Creek and delivered to the City.
2 . The City shall pay Valley Creek One hundred
twenty thousand sixty-six and 20/100 dollars ($120,066 .20) for
the execution of the Permanent Easement Parcel. Such payment
shall be made at the time of the execution of the easement
documents by Valley Creek.
3 . As additional consideration for the execution of
the easement documents as hereinabove set forth, the City agrees
to install the interceptor, which shall be generically referred
to as the Big Timber/Tyler Creek Interceptor Sewer, within the
Permanent Easement Parcel at no present or future cost or
expense to Valley Creek. Further, the City agrees that Valley
Creek shall be allowed to connect from time to time to the
U.) Interceptor for the development of the Real Estate without the
payment by Valley Creek of any connection or other fee to the
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City, each such connection to be at manhole locations as
constructed by the City as part of the development of the
Interceptor based on generally acceptable engineering standards
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which the City agrees shall be applied consistently throughout
the geographic boundaries of the City.
4 . The City and Valley Creek acknowledge that the
Real Estate is zoned MFR Multiple Family Residence District
pursuant to the comprehensive amendment to the Zoning Ordinance
of the City of Elgin adopted July 22, 1992, and effective August
2, 1992 . The City acknowledges that eh MFR Multiple Family
Residence District is substantially more restrictive than zoning
classification of the Real Estate under the prior zoning
ordinance and, more particularly, the density allowed to be
developed on the Real Estate has been reduced from approximately
eighteen ( 18) units per acre to approximately eight and one-half
(8-1/2) units per acre. The City also acknowledges that Valley
Creek had previously paid for and reserved Ten Thousand
( 10,000) population equivalents ( "Valley Creek P.E. " ) based
upon the prior eighteen ( 18) units per acre density in the
entire Valley Creek project and that the Valley Creek P.E. is a
property right belonging to Valley Creek which may be
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transferred by Valley Creek to parcels of real estate outside
of the original Valley Creek parcel whose sanitary sewage may
flow into the City' s sanitary sewer system, whether or not
through the Interceptor; provided, however, that the Valley
Creek P.E. available for transfer as aforesaid shall be reduced
by the population equivalence" similarly computed from the
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actual development of the entire Valley Creek project. Any
such transfer of portions of the Valley Creek P.E. shall be
reported in writing to the City but shall not be subject to
prior approval of the City.
5 . The easements, rights and privileges to be
granted as herein provided shall be non-exclusive, and Valley
Creek specifically reserves the right unto itself to make use of
the Permanent Easement Parcel not inconsistent with the rights
of the City as set forth in the easement document.
6 . The easement to be granted as herein set forth
shall bind and enure to the benefit of the respective parties,
their successors and assigns .
7 . This instrument contains the entire agreement
between Valley Creek and the City relating to the rights herein
to be granted and the obligations herein to be assumed. Any
oral representations or modifications concerning this instrument
shall be of no force and effect. Any modification of this
Agreement must be in writing and must be signed by the party to
('J be charged.
IN WITNESS WHEREOF, Valley Creek and the City have
4 hereunto set their hands and seals at Elgin, Kane County,
Illinois on the day and year first above written.
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VALLEY ,,CREEK OF F,LGIN, INC.
By•`a�G�`�
4fr4"/
ATTEST:
•
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• . '+'Secretary
CITY OF ELGIN
By:
;7 ATTEST:
fitta,„
City Clerk
This instrument prepared by:
Raymond Moller
City of Elgin
150 Dexter Court
Elgin, IL 60120
tom°
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H..CORD
FILED IN BLUEPRINT BOOK 4 Sio KANE
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9 3 K 3 2 6 7 7 (::1 MAY II PH 4: 00
in IE II
INi'
Agenda Item No.4e '
9
1tD�'
November 24, 1992
MEMORANDUM
TO: Mayor and Members of the City Council
FROM: City Manager
SUBJECT: Big Timber/Tyler Creek Interceptor Sewer
Valley Creek Easement
PURPOSE: This memorandum will provide the Mayor and Council
with information to consider the acceptance of the subject
easement.
BACKGROUND: As part of the construction of the Big
Timber/Tyler Creek Interceptor Sewer it is necessary to cross
property owned by Valley Creek of Elgin, Inc.
The proposed route is north of and parallel to Tyler Creek and
extends from Lyle Avenue to the right-of-way of Randall Road.
This route is in the area north of the area already developed by
Valley Creek of Elgin, Inc. , and is currently vacant. The plat
attached accurately depicts the location of the proposed
easement.
This easement will allow for the continuation of the interceptor
sewer to the connection manhole structure being constructed by
Safety Kleen.
FINANCIAL IMPACT: The cost of the property as negotiated by
the staff was $2 .00 per square foot. The cost of the permanent
easement is valued at 50% or $1.00 per square foot the area of
the easement is 120, 661. 2 square feet or $120,661. 20 based on
the prevailing method of compensation for this type of
easement. The cost could be charged to the 1991 General
Obligation Bond Project Fund (391-997-9921) .
Mayor and Members
of the City Council
November 24, 1992
Page 2 •
RECOMMENDATION: It is recommended that the City Council
authorize the Mayor and City Clerk to sign the easement for the
Big Timber/Tyler Creek Interceptor Sewer. It is further
recommended that the City Council authorize the payment of
$120,661.20 for the subject easement.
A copy of the-easement is attached for your consideration.
La ry L. '4e>>, City Manager
Attachments
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