HomeMy WebLinkAbout93-106 Recorded RESOLUTION ADOPTED ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN ,.,`
PURPOSES (BURNIDGE PROPERTY)
Councilman Fox made a motion, seconded by Councilman Walters, to,
adopt the aforementioned resolution. Yeas : Councilmembers Fox;,:''
Moylan, Walters, and Mayor VanDeVoorde. Nays : Councilmembers
Gilliam and Popple.
Resolution No. 93-106;;
RESOLUTION
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN PURPOSES
(Burnidge Property)
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 Countyy'
Illinois .
s/ George VanDeVoorde
George VanDeVoorde, Mayor .
Presented: April 14 , 1993
Adopted: April 14, 1993
Vote: Yeas 4 Nays 2
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
RESOLUTION ADOPTED AUTHORIZING EXECUTION OF SECOND AMENDMENT
AN AGREEMENT FOR COMMERCIAL DEVELOPMENT WITH CENTER CITY
DEVELOPMENT CORPORATION
Councilwoman Popple made a motion, seconded by Councilman
Gilliam, to adopt the aforementioned resolution. Popple made a
motion, seconded by Councilwoman Yeas: Councilmembers Fox, 4.
Gilliam, Moylan, Popple, Walters, and Mayor VanDeVoorde. Nays, ;<
None. ;p
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•
flLFD FOR RECORD
KANE COUNTY. ILL.
' 9303268 0 93MAY I NI to CO
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EASEMENT AGREEMENT t51.CUR frfrhh,DER/'Y'Y ��Lr�
T S AGREEMENT, made and entered into this 21
day of , 1993, by and between CHARLES H.
BURNIDGE an NAN Y E. BURNIDGE, husband and wife, 2425 Royal
Boulevard, lgin, IL ( "Owners" ) and THE CITY OF ELGIN, ILLI-
NOIS, a municipal corporation, of the Counties of Cook and
Kane, in the State of Illinois ( "City" ) .
RECITALS
A. Owners are the record titleholders of certain
real estate ( "Real Estate" ) described on Exhibit A attached
hereto.
B. The City desires to construct a sixteen ( 16 )
inch high pressure municipal watermain ( "Watermain" ) across a
portion of the Real Estate and, in pursuance of such construc-
tion, has requested a temporary construction easement and a
permanent easement from Olgners . �
C. Owners desire to grant to the City the requested J
temporary construction easement and permanent easement sub-
ject, however, to strict compliance the terms and provi-
sions of this Agreement.
NOW, THEREFORE, in consideration of the mutc4al
covenants contained herein and of other good and valuable
consideration, receipt of which Owners and the City acknowl-
edge, it is hereby agreed as follows :
1 . Owners hereby grant and convey to the City a
permanent easement for the construction and maintenance of a
water line in, upon and over the real property in the City of
Elgin, Kane County, Stace of Illinois, legally described in
Exhibit B attached h^ceto. Further, Owners do hereby grant
and convey to the Ci. y, a temporary construction easement for
a 20 foot temporary construction easement to allow for the
construction of said watermain, in, upon and over the real
property in the City of Elgin, County of Kane, State of Illi-
s,noi legallydescribed in Exhibit C attached hereto. Said
ti
temporary construction easement shall automatically expire on
December 31, 1994 . The permanent easement granted herein
C shall be a nonexclusive easement provided, however, the Owners
shall not erect any permanent structure on the permanent
easement area described herein and shall not conduct any
activities on the permanent easement premises which are incon-
sistent with or which would interfere with the City' s use of
the permanent easement premises . This agreement shall be
recorded by the City at its expense and the terms and condi-
tions of these permanent and temporary easements shall be
1111
binding upon the Owners and the City and upon their heirs, / .
executors, successors and assigns .
2 . The City shall pay Owners for the grant of the
easement across the Temporary Easement Parcel the sum of
$2 , 300 . 00 and for the Permanent Easement Parcel the sum of
$17 ,250 . 00 . Such payments shall be paid at the time of the
execution of the easement document by Owners . In addition,
the City shall reimburse Owners for crop damage or inability
to plant, which is directly attributable to the City' s con-
struction activities for the subject watermain. Monetary
damages for any such crop damage or inability to plant shall
be calculated at $200 . 00 per acre. Finally, the City shall be
responsible for obtaining, at is sole cost and expense, all
surveys, legal descriptions and title reports necessary for
the preparation of and the granting of the easements hereun-
der.
3 . As additional consideration for the grant of
easements as hereinabove set forth, the City agrees :
A. To install the Watermain, which shall be generi-
cally referred to as the West Pressure Zone Main, within the
Permanent Easement Parcel at no present or future cost or
expense to Owners (Owners shall pay the City' s municipal water
system development impact fee attributable to the Real Estate
in accordance with the provisions of Title Seventeen of the
Elgin Municipal Code) . Upon completion of such installation,
the Construction Easement Parcel and the Permanent Easement
Parcel shall be restored to their condition prior thereto,
including but not limited to top soil replacement but
excluding any crop replacement. Any hydrants or other surface
features of the West Pressure Zone Main shall be extended to
the easterly property line of the Real Estate to facilitate
• continued agricultural use of the Real Estate by the Owners or
their successors in interest therein. As part of the process
of designing the West Pressure Zone Main, the City and the
Owners shall agree upon the location of points (Tee) at which
municipal water mains to be constructed at the time of devel-
.. opment of the Real Estate may be connected to the West Pres-
>= sure Zone Main and Owners or their successors in interest with
respect to the Real Estate may make such connection(s) without
the payment to the City of any fees other than the City' s
a) aforementioned water system development impact fee. The City
shall install twelve ( 12 ) inch stubs at such agreed points of
C connection as part of the construction of the West Pressure
Zone Main. The determination of the location of such points
of connection shall be based upon generally acceptable engi-
neering standards applied consistently throughout the geo-
graphic boundaries of the City. The City warrants to Owners
that any connections to the Watermain for the development of
Real Estate as herein set forth may be accomplished without
the installation of any pressure-regulating devices .
B. To provide written acknowledgment upon the
written request of Valley Creek of Elgin, Inc. and Owners of
the transfer to the Real Estate of the Valley Creek Population
2
Equivalent (P.E . ) all in accordance with Paragraph 4 of a
certain Agreement for Easement attached hereto as Exhibit D;
and
C. To not raise the lack of contiguity of the Real
Estate with the boundaries of the City as a defense to, or
reason to deny, annexation of Real Estate in the event Owners
or their successor(s ) in interest with respect to the Real
Estate make an otherwise proper application for such annexa-
tion in accordance with City ordinances and applicable stat-
utes of the State of Illinois .
4 . This instrument contains the entire agreement
between Owners 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 be charged.
IN WITNESS WHEREOF, Owners and the City have hereun-
to set their hands and seals at Elgin, Kane County, Illinois
on the day and year first above wriltten.
Charles H. Burnidge
ifAdoWe.:4114 .6
NanyE. Burnidge
ATTEST: CITY OF ELGIN
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c.J By:
w Secretary
ry
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Prepared by: Return to:
Raymond Moller City of Elgin
City of Elgin City Clerk
150 Dexter Court 150 Dexter Court
Elgin , IL 60120 Elgin , IL 60120
•
EXHIBIT A
OF THAT PART OF SECTION 8, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST
CORNER OF SAID SECTION 8; THENCE NORTH 89 DEGREES 38 MINUTES 30 SECONDS
WEST, ALONG THE SOUTH LINE OF SAID SECTION 8, A DISTANCE OF 1067.26 FEET
(RECORD BEING NORTH(89 DEGREES F4 MINUTES WEST AND 1065.24 FEET) ; THENCE
WORTH 00 DEGREES 02 MIN TES 50 SECONDS EAST, A DISTANCE OF 877.05 FEET
(RECORD BEING NORTH AND�875.82 FEET) TO THE NORTHEASTERLY CORNER OF LOT
14 IN BLOCK 3 OF THE THIRD ADDITION TO ALMORA HEIGHTS, BEING A
SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION 8 AND PART OF
THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP AND RANGE AFORESAID;
THENCE NORTH 74 DEGREES 06 MINUTES 00 SECONDS WEST, A DISTANCE OF
2112.54 FEET (RECORD BEING NORTH 74 DEGREES 06 MINUTES WEST AND 2114.20
FEET) TO EXISTING IRON STAKE FOR THE POINT OF BEGINNING; THENCE NORTH
74 DEGREESAli
MINUTES 40 SECONDS WEST, A DISTANCE OF 342.50 FEET; THENCE
NORTH 74 DEGREES 10 MINUTES 43 SECONDS WEST, A DISTANCE OF 1231.20 FEET
(RECORD BEING NORTH 74 DEGREES 09 MINUTES 10 SECONDS WEST AND 1231.50
FEET) TO AN EXISTING IRON STAKE;- THENCE NORTH 18 DEGREES 18 MINUTES 01
SECOND EAST, ALONG A MONUMENTED LINE, SAID LINE HEREINAFTER REFERRED TO
AS LINE "A", A DISTANCE OF 2156.22 FEET (RECORD BEING NORTH 18 DEGREES
16 MINUTES 30 SECONDS EAST AND 2159.30 FEET) TO AN EXISTING IRON STAKE,
HEREINAFTER REFERRED TO AS POINT "C"; THENCE NORTH 15 DEGREES 38 MINUTES
10 SECONDS EAST, ALONG A MONUMENTED LINE, SAID LINE HEREINAFTER REFERRED
TO AS LINE "B", A DISTANCE OF 192.92 FEET (RECORD BEING NORTH 15 DEGREES
56 MINUTES EAST AND 193.38 FEET) TO THE CENTER LINE OF HIGHLAND AVENUE
ROAD; THENCE SOUTH 79 DEGREES 54 MINUTES 26 SECONDS EAST, ALONG SAID
CENTER LINE, A DISTANCE OF 194.60 FEET TO AN ANGLE IN SAID CENTER LINE;
THENCE SOUTH 79 DEGREES 33 MINUTES 48 SECONDS LAST, ALONG SAID CENTER
LINE, A DISTANCE OF 251.30 FEET TO AN ANGLE IN SAID CENTER LINE; THENCE
SOUTH 79 DEGREES 03 MINUTES OS SECONDS EAST, ALONG SAID CENTER LINE, A
DISTANCE OF 312.47 FEET TO AN ANGLE IN SAID CENTER LINE; THENCE SOUTH 77
DEGREES 34 MINUTES 22 SECONDS LAST, ALONG SAID CENTER LINE, ADISTANCE
OF 300.00 FEET TO AN ANGLE IN SAID CENTER LINE; THENCE SOUTH 75 DEGREES
34 MINUTES 57 SECONDS EAST, ALONG SAID CENTER LINE, A DISTANCE OF 322.08
PEET TO A MONUMENTED LINE THAT BEARS NORTH 13 DEGREES 22 MINUTES 18
SECONDS EAST AND PASSES THROUGH THE POINT OF BEGINNING; THENCE SOUTH 13
DEGREES 22 MINUTES 18 SECONDS WEST, ALONG SAID MONUMENTED LINE, A
DISTANCE OF 2443.46 FEET (RECORD BEING SOUTH 13 DEGREES 22 MINUTES WEST
AND 2443.70 FEET) TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT
• PART DESCRIBED AS FOLLOWS: COMMENCING AT THE AFORESAID POINT "C"; THENCE
SOUTH 18 DEGREES 18 MINUTES 01 SECOND WEST, ALONG AFORESAID LINE "A", A
DISTANCE OF 40.78 FEET FOR THE :DINT OF BEGINNING OP EXCEPTION; THENCE
NORTH 18 DEGREES 18 MINUTES 01 SECOND EAST, ALONG SAID LINE "A", A
DISTANCE OF 40.78 FEET TO SAID POINT "C"; THENCE NORTH 15 DEGREES 38
MINUTES 10 SECONDS EAST, ALONG AFORESAID LINE "B", A DISTANCE OF 192.92
FEET TO THE CENTER LINE OF AFORESAID HIGHLAND AVENUE ROAD; THENCE SOUTH
117 79 DEGREES 54 MINUTES 26 SECONDS EAST, ALONG SAID CENTER LINE, A
(.J - DISTANCE OF 194.60 FEET TO AN ANGLE IN SAID CENTER LINE; THENCE SOUTH 79
DEGREES 33 MINUTES 48 SECONDS EAST, ALONG SAID CENTER LINE, A DISTANCE
OF 251.30 FEET TO A MONUMENTED LINE; THENCE SOUTH 11 DEGREES 15 MINUTES
SS SECONDS WEST, ALONG SAID MONUMENTED LINE, A DISTANCE OF 226.84 FEET
N (RECORD BEING SOUTH 11 DEGREES 30 MINUTES WEST AND 226.84 FEET) TO AN
CD EXISTING IRON STARE; THENCE NORTH 80 DEGREES 24 MINUTES 31 SECONDS WEST,
CO A DISTANCE OF 465.73 FEET (RECORD BEING NORTH 80 DEGREES 10 MINUTES 50
CD SECONDS WEST AND 467.73 FEET) TO THE POINT OF BEGINNING OF EXCEPTION.
ALL BEING SITUATED IN ELGIN TOWNSHIP, KANE COUNTY, ILLINOIS AND
- CONTAINING 78.81 ACRES MORE OR LESS.
STATE OP ILLINOIS)
COUNTY OF LANE )IB
THIS IS TO CERTIFY THAT I HAVE SURVEYED THE ABOVE
DESCRIBED PROPERTY AND THAT THE PLAT HEREON DRAWN CORRECTLY REPRESENTS
SAID SURVEY AND THAT TO MY KNOWLEDGE ALL ENCROACHMENTS ARE SHOWN.
BURNIDGE AND
WEESTPHAL, INC.
ILL OI8 REGISTERED PROFESSIONAL
• LAND SURVEYOR NO. 035-002518
DECEMBER 18, 1991 1
E%BIBIT B
TEMPORARY CONSTRUCTION EASEMENT
A strip of land 20.00 feet wide on that part of Section 8, Township 41 North, Range 8
East of the Third Principal Meridian, Kane County, Illinois, lying 10.00 feet on each side of the
following described line:
Commencing at the Southeast corner of said Section 8; thence North 89 degrees 38
minutes 30 seconds West (assumed bearing) along the South line of said Section 8, a distance
of 1,067.26 feet; thence North 0 degrees 02 minutes 50 seconds East, a distance of 877.05 feet;
thence North 74 degrees 06 minutes 00 seconds West, a distance of 2,112.54 feet; thence North
74 degrees 21 minutes 40 seconds West, a distance of 40.03 feet to the Point of Beginning;
thence North 13 degrees 22 minutes 18 seconds Fact, a distance of 2,442.61 feet to the
centerline of Highland Avenue Road and the termination of said line and 20.00 foot wide strip
of land.
Said parcel contains 1.122 acres, more or less.
Prepared by:
Hampton, Lenzini and Renwick, Inc.
380 Shepard Drive
Elgin, Illinois 60123-7010
(708) 697-6700
Account No. 2-05-1181(f)
ffiIBIT C
PERMANENT WATER MAIN EASEMENT
A strip of land 30.00 feet wide on that part of Section 8, Township 41 North, Range 8
Fast of the Third Principal Meridian, Kane County, Illinois, lying 15.00 feet on each side of the
following described line:
Commencing at the Southeast corner of said Section 8; thence North 89 degrees 38
minutes 30 seconds West (assumed bearing) along the South line of said Section 8, a distance
of 1,067.26 feet; thence North 0 degrees 02 minutes 50 seconds East, a distance of 877.05 feet;
thence North 74 degrees 06 minutes 00 seconds West, a distance of 2,112.54 feet; thence North
74 degrees 21 minutes 40 seconds West, a distance of 15.01 feet to the Point of Beginning;
thence North 13 degrees 22 minutes 18 seconds East, a distance of 2,443.14 feet to the
centerline of Highland Avenue Road and the termination of said line and 30.00 foot wide strip
of land.
Said parcel contains 1.683 acres, more or less.
Se
ry
co
Prepared by:
Hampton, Lenzini and Renwick, Inc.
380 Shepard Drive
Elgin, Illinois 60123-7010
(708) 697-6700
Account No. 2-05-1181(0
EXHIBIT D
AGREEMENT FOR EASEMENT
THIS AGREEMENT, made and entered into this 1811 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
flow sanitary interceptor sewer ( "Interceptor") across a portion
of the Real Estate and, in pursuance of such construction, has
requested a permanent easement, however to strict compliance
co with the terms and provisions of this Agreement.
NOW, THEREFORE, in consideration of the mutual
�1)
co
o covenants contained herein and of other good and valuable
consideration, receipt of which Valley Creek and the City
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
-1-
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
1.0
CO expense to Valley Creek. Further, the City agrees that Valley
CA) Creek shall be allowed to connect from time to time to the
tom.:
c3.' Interceptor for the development of the Real Estate without the
CD
CD payment by Valley Creek of any connection or other fee to the
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
_2_
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
c )
entire Valley Creek project and that the Valley Creek P.E. is a
w
property right belonging to Valley Creek which may be
transferred by Valley Creek to parcels of real estate outside
0
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
-3-
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
be charged.
IN WITNESS WHEREOF, Valley Creek and the City have
hereunto set their hands and seals at Elgin, Kane County,
Illinois on the day and year first above written.
i
-4-
,
VALLEY ,
ATTEST: CCRREEEK OF LGIN, INC.
By:.J���/!
f6.71.
A6 ?-1-t- -iewfp_
Secretary
CITY OF LGIN
y• --liT7e—
ATTEST:
Ji-fic-ei/t--4 /14v.....„...
City Clerk
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FILED FOR RECORD
KANL COUN(Y. ILL.
93K32680 93MAY I PM to GO
RECORDER