HomeMy WebLinkAbout93-101 Recorded Resolution No. 93-101
RESOLUTION
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN PURPOSES
(Route 20 )
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 authorized and directed to
accept a Grant of Easement for water main purposes for the
property legally described in the Grant of Easement, a copy of
which is attached hereto and made a part hereof by reference .
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to cause the Grant of Easement to be
recorded in the office of the Recorder of Deeds of Kane
County, Illinois .
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: April 14 , 1993
Adopted: April 14 , 1993
Omnibus Vote : Yeas 6 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
FILED FOR RECORD
KANF COUNTY, ILL.
GRANT OF ?;1 93 APR 2 ` 9: ! 5
THIS INDENTURE, made and entered into this '°' =r t of
, 1993 , by and between CHICAGO TITLE & TRUST COMPANY,
not personally but solely as Trustee Under Trust Agreement dated
December 12, 1990 and known as Trust No. 1094359, hereinafter
referred to as "Grantor" , and the CITY OF ELGIN, a municipal
corporation (hereinafter referred to as the "City") ,
Witnesseth:
That in and for the consideration of Eight Thousand Six
Hundred Dollars ($8 , 600. 00) and other good and valuable
consideration, which is hereby acknowledged, Grantor does hereby
grant and convey to the City a permanent easement solely for the
construction, maintenance and repair of an underground water line
in, under and upon the following described real property in the
City of Elgin, County of Kane, State of Illinois, more particularly
described as:
PERMANENT EASEMENT
A 20. 00 foot wide City of Elgin permanent easement (the "Permanent
Easement") in part of the West half of the Northwest quarter of CD
Section 17, Township 41 North, Range 8 East of the third principal Ul
meridian, described as follows: Commencing at the intersection of �D
....: .:.,. ._r line of U. S. Route No. 20 WILII the wcSLCLiy line of the
Northern Illinois Gas Company property, said intersection being the O
northwest corner of Document No. 1063814 ; thence south 29 degrees
56 minutes 55 seconds west, along the westerly line of Document �p
1063814 , a distance of 40. 79 feet to a line that is 40. 00 feet as —
measured perpendicular, southwesterly of and parallel with the said
center line of U.S. Route 20 for the point of beginning; thence
continuing south 29 degrees 56 minutes 55 seconds west, along said
westerly line, a distance of 20.40 feet to a line that is 60. 00
feet, as measured perpendicular, southwesterly of and parallel with
the said center line of U.S. Route 20; thence north 71 degrees 22
minutes 35 seconds west, alongsaidparallel
line, a distance of
948 . 61 feet; thence northwesterly, parallel with the said center
line, being along a curve to the right having a radius of 3334 . 17
feet, tangent to the last described course, an arc distance of
195. 12 feet to the southeasterly line of Document No. 1626704 ;
Ca) thence north 21 degrees 57 minutes 46 seconds east, along said
southeasterly line, a distance of 20. 00 feet to a line that is
N.) 40. 00 feet, as measured radially, southwesterly of and parallel
with the said center line of U.S. Route No. 20 ; thence
co southeasterly, parallel with the said center line, being along a
co curve to the left having a radius of 3314 . 17 feet and a chord
bearing of south 69 degrees 42 minutes 00 seconds east, an arc
distance of 193 . 95 feet; thence south 71 degrees 22 minutes 35
seconds east, tangent to the last described curve and being
parallel with the said center line, a distance of 952 . 61 feet to /
Return to:
Dolonna Mecum, City Clerk
, City of Elgin
I �v Li cb 150 Dexter Court(/ a°'°0
L'l r., n TT
the point of beginning. Being situated in Elgin Township, Kane
County, Illinois and containing 0. 52 acre more or less.
Further, Grantor does hereby grant and convey to the City the
following temporary construction easements for the installation of
an underground water line in, under and upon the following
described real property in the City of Elgin, County of Kane, State
of Illinois, more particularly described as:
TEMPORARY CONSTRUCTION EASEMENT SOUTH OF THE PERMANENT EASEMENT
A 30. 00 foot wide City of Elgin temporary construction easement in
part of the west half of the northwest quarter of Section 17 ,
Township 41 North, Range 8 East of the third principal meridian,
described as follows: Commencing at the intersection of the center
line of U.S. Route No. 20 with the westerly line of the Northern
Illinois Gas Company property, said intersection being the
northwest corner of Document No. 1063814 ; thence south 29 degrees
56 minutes 55 seconds west, along the westerly line of Document
1063814 , a distance of 61 . 19 feet to a line that is 60. 00 feet, as
measured perpendicular, southwesterly of and parallel with the said
center line of U.S. Route 20 for the point of beginning; thence
continuing south 29 degrees 56 minutes 55 seconds west, along said
westerly line, a distance of 30. 60 feet to a line that is 90. 00
feet, as measured perpendicular, southwesterly of and parallel with
the said center line of U.S. Route No. 20; thence north 71 degrees
22 minutes 35 seconds west, along said parallel line, a distance of
942 . 60 feet; thence northwesterly, parallel with the said center
line, being along a curve to the right having a radius of 3364 . 17
feet, tangent to the last described course, an arc distance of
196. 86 feet to the southeasterly line of Document 1626704 ; thence
north 21 degrees 57 minutes 46 seconds east, along said
southeasterly line, a distance of 30. 00 feet to a line that is
60. 00 feet, as measured radially, southwesterly of and parallel
with the said Center line of U.S . Route No. 20; thence
southeasterly, parallel with the said center line; being along a
curve to the left having a radius of 3334 . 17 feet and a chord
bearing of south 69 degrees 42 minutes 00 seconds east, an arc
distance of 195 . 12 feet; thence south 71 degrees 22 minutes 35
seconds east, tangent to the last described curve and being
parallel with the said center line, a distance of 948 . 61 feet to
the point of beginning. Being situated in Elgin Township, Kane
uD County, Illinois and containing 0. 78 acre more or less.
CO
TEMPORARY CONSTRUCTION EASEMENT NORTH OF THE PERMANENT EASEMENT
N
A City of Elgin temporary construction easement in part of the west
half of the northwest quarter of Section 17 , Township 41 North,
L"} Range 8 east of the third principal meridian, described as follows:
Commencing at the intersection of the center line of U.S. Route No.
20 with the westerly line of the Northern Illinois Gas Company
property, said intersection being the northwest corner of Document
2 `�
No. 1063814 ; thence south 29 degrees 56 minutes 55 seconds west,
along the westerly line of Document No. 1063814 , a distance of
35.79 feet to the southwesterly line, as occupied, of U.S. Route
No. 20 for the point of beginning; thence continuing south 29
degrees 56 minutes 55 seconds west, along said westerly line, a
distance of 5. 00 feet to a line that is 40. 00 feet, as measured
perpendicular, southwesterly of and parallel with the said center
line of U.S. Route 20; thence north 71 degrees 22 minutes 35
seconds west, along said parallel line, a distance of 952 . 61 feet;
thence northwesterly, parallel with said center line, being along
a curve to the right having a radius of 3314 . 17 feet, tangent to
the last described course, an arc distance of 193 . 95 feet to the
southeasterly line of Document No. 1626704 ; thence north 21 degrees
57 minutes 46 seconds east, along said southeasterly line, a
distance of 6. 18 feet to the southwesterly line, as occupied, of
U.S. Route No. 20 ; thence southeasterly, along said southwesterly
line, as occupied, of U.S. Route No. 20, to the point of beginning.
Being situated in Elgin Township, Kane County, Illinois and
containing 0. 16 acre more or less.
The aforesaid temporary construction easements are
collectively referred to herein as the "Temporary Easements. " The
aforesaid Permanent Easement and Temporary Easements are
collectively referred to herein as the "Easements. "
This grant of easement is executed, delivered and is granted
upon the following conditions:
1. Reservations by Grantor. Grantor hereby reserves the
right (a) to locate other utilities in the aforesaid
Easement area, subject to the approval of the City, which
approval shall not be unreasonably withheld; (b) to
construct a road across the Easements, to use the surface
area of the Easements for vehicular parking, vehicular
and pedestrian traffic and the right to place landscaping
upon the Easements and to use the surface area of the
aforesaid Easements for any purpose whatsoever in
compliance with all applicable zoning and building codes,
other than the construction of a building or other
permanent structure on the easement area, so long as such
use does not substantially interfere with the City's
right to install, maintain, and repair such underground
water main. The City agrees to rebuild the road, replace
to the landscaping and replace any other improvements
W permitted by this agreement at the City ' s cost in the
event that said improvements must be torn up for repair
N or maintenance of the water main; and (c) to tap and
coconnect into such underground water main, from time to
co time after annexation.
2 . Indemnity. The City agrees to indemnify, defend and hold
harmless Grantor and its beneficiaries from and against
3
any and all claims, liability, loss, injury, damages,
demands, liens, penalties, fines, interest, costs and
expenses (including reasonable attorneys' fees) for
injury to person or death or property damage arising as
a result of the activities of the City, its agents and
employees upon the Easements including, without
limitation, during construction, maintenance or repair of
the water main.
3 . Tap-On Valves. The City agrees to install at the time of
the original construction of the subject water line, at
its expense, a tap on valve(s) sufficient to provide
service to at least 800 units upon Grantor' s property,
legally described in Exhibit "A" attached hereto
("Grantor's Property") .
4 . City' s Acknowledgements. The City acknowledges that the
easement is located within the required setback and will
not reduce the buildable area or permitted density of
Grantor's Property.
5. No Lien. The City shall not permit any lien to stand
against the Easements, the Grantor' s Property or any
improvements thereon for any labor or materials in
connection with work of any character performed or
claimed to have been performed on the Easements or the
Grantor's Property at the direction or sufferance of any
member of the City. In the event of any such lien
attaching to the Easements, the Grantor' s Property or any
improvements thereon, the City shall immediately have
such lien released.
6. Installation, Repair and Maintenance. The City shall
perform, at its sole cost and expense, any installation,
maintenance, repair and replacement of said underground
water main and the City shall perform such installation,
maintenance and repair as expeditiously as possible so as
to minimize interference with the use of Grantor' s
Property, including the flow of pedestrian and vehicular
traffic, and the City shall restore the area of such
Easements to a condition as good as or better than that
which existed prior to such installation, maintenance and
{
repair.
7. Successors and Assigns. The terms and conditions of this
Grant of Easement shall be binding upon the Grantor and
the City, and upon their heirs, executors, successors and
assigns.
8. Notices. All notices and other communications given
pursuant to this Agreement shall be in writing and shall
be deemed properly served if delivered on the first day
4
following delivery to an overnight courier service or on
the third day after deposit in the U.S. mail as
registered or certified mail , return receipt requested,
postage prepaid, as follows:
If to Grantor: Toru Komiyama
c/o Sugar, Friedberg & Felsenthal
30 N. LaSalle Street, Suite 2600
Chicago, IL 60602
Attention: Douglas J. Antonio, Esq.
If to the City: Elgin City Clerk
City of E]..g..in
150 Dexter Court
Elgin . IL 60120
Addressees and addresses may be changed by the parties by
notice given in accordance with the provisions hereof.
9 . Transfer by Grantor. Upon any transfer or conveyance of
the Easements or Grantor' s Property by Grantor, the
transferor shall be released from any liability under
this Agreement relative to the real estate so transferred
or conveyed, and the transferee shall be bound by and
deemed to have assumed the obligations of Grantor arising
after the date of such transfer or conveyance.
10. Land Trustee' s Exculpation. It is expressly agreed by
the parties hereto, notwithstanding anything herein to
the contrary, that each and all of the representations,
covenants, undertakings and agreements herein made on the
part of Grantor are each and every one of them made and
intended, not as personal representations, covenants,
undertakings and agreements by Grantor or for the purpose
or with the intention of binding Grantor personally, but
are made and intended for the purpose only of subjecting
the title holding interest and the trust estate under
said Trust No. 1094359 to the terms of this Agreement and
for no other purposes whatsoever, and in case of default
hereunder by Grantor, the City shall look solely to the
title holding interest and the trust estate under said
Trust No. 1094359 and this Agreement is executed and
delivered by Grantor not in its own right, but solely in
the exercise of the powers conferred upon it as such
Trustee; that Grantor shall have no personal liability
c"' hereunder to perform any covenant, either express or
r\_> implied, herein contained and no liability or duty shall
rest upon Grantor to sequester the trust estate or the
0.; rents, issues and profits arising therefrom, or the
proceeds arising from any sale or other disposition
thereof; and that no personal liability or personal
responsibility of any sort is assumed by, or shall at any
time be asserted or enforceable against Grantor,
5
individually or personally, but only as Trustee under the
provisions of the Trust Agreement aforesaid or against
any of the beneficiaries under the Trust Agreement
described above, on account of this instrument or on
account of any representation, covenant, undertaking or
agreement of Grantor in this Agreement contained, either
express or implied, all such personal liability, if any,
being expressly waived and released by the City and by
all persons claiming by, through or under the City.
11. Release of Easement. In the event the City, its
successors and assigns, shall abandon or no longer
require the use of all or any part of the easement rights
herein granted, the part no longer required shall
automatically revert to grantor, and the City shall
release such easement rights which the City shall no
longer require.
12 . Expiration of Temporary Easements. The Temporary
Easements shall expire on December 31, 1994 .
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first above written.
u
GRANTOR: c,
CHICAGO TITLE & TRUST COMPANY, not
personally but solely as Trustee
under Trust Agreement dated
December 12 , 1990 and known as
Trust No. 1094359
Otl
"/' /
Its: 14#64 -F`
0110
THE CITY OF ELGIN
By: ��uc%�� )`2"%� '(i
Geor VanDeVoorde, Mayor
W
7
Attest: i1/1C-I `� 74-QX4-1-7
N.) Dolonna Mect3m, City Clerk
--ems
This instrument prepared by:
Douglas J . Antonio
Attorney at Law 6
30 N. LaSalle Street , Suite 2600
Chicago, IL 60602
STATE OF ILLINOIS )
ss.
COUNTY OF KANE )
I, the undersigned, a Notary Public, in and for said Co my
in the State aforesaid, DO HEREBY CERTIFY that ( J2by-,N, t,W .Q_ Iohna
personally known to me to be the same persons hose names areifWA4-""
subscribed to the foregoing instrument, appeared before me this day
in person, and acknowledged that they signed, sealed and delivered
the said instrument as their free and voluntary act, for the uses
and purposes therein set forth. ��11
Given under my hand and official seal, this a_J day of
Q p,ut , 1993 .
Lyy�,2
Notary Puic
" OFFICIAL SEAL
MARY GIFFORT
NOTARY PUBLIC. STATE OF ILLINOIS
MY COMMISSION EXPIRES 3/6/96
W
IN)
W
W
7
STATE OF ILLINOIS, SS.
COUNTY OF COOK }
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY, that the above named Assistant Vice President and Assistant Secretary of
the CHICAGO TITLE AND TRUST COMPANY, Grantor, 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 Company 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 Company, caused the corpo-
rate seal of said Company to be affixed to said instrument as said Assistant Secretary's own
free and voluntary act and as the free and voluntary act of said Company for the uses and
purposes therein set forth.
Given under my hand and Notarial Seal Date APR 0 9 1993
,/
Notary Public
Form 1329
"OFFICIAL SEAL"
Lynda S. Barrie
Notary Public, State of Illinois
My Commission Expires 4/2/94 R
UZI
W
fU •
W
•
EXHIBIT A
LEGAL DESCRIPTION OF
GRANTOR'S PROPERTY
PARCEL ONE :
THAT PART OF THE WEST 1/2 OF SECTION 17 AND THAT PART OF THE EAST 1/2
OF SECTION 18. TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL
MERIDIAN. DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 522.72 FEET WEST
AND 19. 80 FEET NORTH OF THE SOUTH EAST CORNER OF THE SOUTH EAST 1/4 OF
SAID SECTION 16; THENCE NORTH 48 DEGREES, 58 MINUTES, 56 SECONDS WEST
598.62 FEET; THENCE NORTH 21 DEGREES, 05 MINUTES, 49 SECONDS EAST
3259. 70 FEET TO THE SOUTHERLY LINE OF U. S, ROUTE 20; THENCE SOUTH 72
DEGREES. 04 MINUTES, 18 SECONDS EAST ALONG SA 'D SOUTHERLY LINE 0:46.63
FEET TO A LINE CR:WN WORTH 2E DEGREES, 54 MINUTES. 20 SECO':OS EAST
FROM THE POINT OF EEGINNIN3; THENCE SOUTH 28 DEGREES. 54 MINUTES, 20
SECONDS WEST 38;4.45 FEET TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF
ELGIN, KANE COUNTY, ILLINOIS.
PARCEL TWO:
THAT PART OF THE SOUTH EAST 1/4 OF SECTION 18: THAT PART OF THE NORTH
EAST 1/4 OF SECTION 19. AND THAT PART OF THE NORTH WEST 1/4 OF SECTION
20, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH WEST CORNER OF AFORESAID
NORTH WEST 1/4; THENCE EAST ALONG THE NORTH LINE OF SAID QUARTER,
531 .30 FEET; THEE SOUTH 44 DEGREES. 15 MINUTES, 0 SECONDS WEST
590. 53 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 48 DEGREES. 56
MINUTES. 56 SECONDS WEST , 15E5. 5 FEET, THENCE SOUTH 35 DEGREES, 0
MINUTES, 0 SECONDS WEST 1340.94 FEET ; THENCE SOUTH 50 DEGREES, 44
MINUTES. 59 SECONDS EAST 747.99 FEET; THENCE SOUTH 0 DEGREES, 05
MINUTES. 49 SECONDS EAST 303. 60 FEET TO THE SOUTH WEST CORNER OF THE
NORTH; EAST 1/4 OF SAID NORTH EAST 1/4 OF SECTION 19; THENCE NORTH 89
DEGREES, 58 MINUTES, 20 SECONDS EAST ALONG THE SOUTH LINE OF SAID
QUARTER 0Ut.F,TER 1325.98 FEET TO THE EAST LINE OF SAID NORTH EAST 1/4 OF
SECTION 1S; THENCE NORTH 0 DEGREES. 02 MINUTES. 51 SECONDS EAST ALONG
SAID EAST LINE 800.81 FEET TO A LINE DRAWN SOUTH 44 DEGREES, 15
MINUTES, 0 SECONDS WEST FROM THE POINT OF BEGINNING: THENCE NORTH 44
DEGREES, 15 MINUTES, 0 SECONDS EAST 63. 88 FEET TO THE POINT OF
BEGINNING, 1N THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS.
C..)
v?
-,; Commonly Known As: 37 West 925 Route 20, Elgin, Illinois
Permanent Tax Identification Nos. : 06-16-400-006
06-17-400-006
06-18-200-011
06-17-100-011
06-19-200-004
06-20-100-008
FILED FOR RECORD
KANE COUNTY, ILL.
93K27337 93 APR 26 AM 9! 15
102 6- e...;441
RECORDER