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HomeMy WebLinkAbout93-235 Recorded Resolution No. 93-235 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT FOR A WATER LINE (David Carlino and Colleen Carlino) 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 execute and accept a grant of easement for a water line from David Carlino and Colleen Carlino for the property located along U.S. Route 20 and legally described as follows: Permanent Easement A strip of land 30.00 feet wide on that part of Sections 8 and 17, Township 41 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois, lying 15 . 00 feet on each side of the following described line: Commencing at the Northwest corner of Hidden Hill Subdivision (Document No. 1534098) , being a resubdivision situated in part of said Sections 8 and 17; thence Northwesterly along the Northwesterly extension of the Northeast line of said subdivision, a distance of 15. 09 feet to the Point of Beginning; thence Southwesterly, parallel with the Northwest line of said subdivision, a distance of 2,908. 10 feet, more or less, to the Northeast right-of-way line of U.S. Route 20 and the termination of said line and 30. 00 foot wide strip of land. Said parcel contains 2 .003 acres, more or less . Temporary Construction Easement A strip of land 20.00 feet wide on that part of Sections 8 and 17 , 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 Northwest corner of Hidden Hill Subdivision (Document No. 1534098) , being a resubdivision situated in part of said Sections 8 and 17; thence Northwesterly along the Northwesterly extension of the Northeast line of said subdivision, a distance of 40.23 feet to the Point of Beginning; thence Southwesterly, parallel with the Northwest line of said subdivision, a distance of 2,905. 28 feet, more or less, to the Northeast right-of-way line of U.S. Route 20 and the termination of said line and 20. 00 foot wide strip of land. Said parcel contains 1 . 334 acres, more or less . 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: August 25, 1993 Adopted: August 25, 1993 Omnibus Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk SLED F ( CORO Fes : ; ka ; , ILL. 93K84732 .. OCT 22 Ni CO c r :Ft�..a GRANT OF EASEMENT i,r't,t ,i' HIS INDENTURE, made and entered into this a S T// CD day of HIS INDENTURE, by and between David Carlino and Colleen U� Carlino, hereinafter referred to as "Grantor", and the CITY OF ELGIN, a municipal corporation, hereinafter referred to as N "City", Witnesseth: CD W That in and for the consideration of twenty three uD thousand three hundred dollars ($23,300) and other good and CD valuable consideration the sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey to the City a permanent and exclusive easement for the construction and maintenance of a water line in, upon and over the following described real property in the City of Elgin, County of Kane, State of Illinois, more particularly described as: PERMANENT EASEMENT A strip of land 30.00 feet wide on that part of Sections 8 and 17, Township 41 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois, lying 15.00 feet on each side of the following described line: <6 '~- Commencing at the Northwest corner of Hidden Hill Subdivision (Document No. 1534098) , being a resubdivision situated in part of said Sections 8 and 17; thence Northwest- erly along the Northwesterly extension of the Northeast line of said subdivision, a distance of 15.09 feet to the Point of } - Beginning; thence Southwesterly, parallel with the Northwest Z line of said subdivision, a distance of 2,908. 10 feet, more or less, to the Northeast right-of-way line of U.S. Route 20 and Ji the termination of said line and 30.00 foot wide strip of land. Said parcel contains 2 .003 acres, more or less. Further, Grantor does hereby grant and convey to the City a temporary construction easement in, upon and over the following described real property in the City of Elgin, County of Kane, State of Illinois, more particularly described as: �x- <_ TEMPORARY CONSTRUCTION EASEMENT SOUTH OF THE PERMANENT EASE- MENT C: A strip of land 20.00 feet wide on that part of Sections 8 and 17, 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 Northwest corner of Hidden Hill Subdivision (Document No. 1534098) , being a resubdivision situated in part of said Sections 8 and 17; thence Northwest- erly ( along the Northwesterly extension of the Northeast line )0 of said subdivision, a distance of 40.23 feet to the Point of Beginning; thence Southwesterly, parallel with the Northwest line of said subdivision, a distance of 2,905.28 feet, more or less, to the Northeast right-of-way line of U.S. Route 20 and the termination of said line and 20.00 foot wide strip of CD land. CM Cm Said parcel contains 1.334 acres, more or less. ra (Exhibit A is attached) CD This grant of easement is executed, delivered and is granted upon the following conditions: ca 1. Said temporary construction easement shall expire on December 31, 1994 . 2. The Grantor shall not erect any permanent structure on the permanent easement described herein, provided, however the Grantor has the right to construct a road across the easement and the right to place landscaping upon the easement. The City shall replace or repair any such pavement or landscaping damaged by City to repair or maintain the water main. 3. The City agrees to indemnify the Grantor for any damages to the property within the easement or any claims arising directly as a result of the City's work upon the easement either during construction of the water main or during maintenance or repair of the water main. 4 . The City shall install at the time of the original con- struction of the subject water line, at its expense, a tap on valve(s) to provide service to Grantor's property. The terms and conditions of this permanent and temporary easement shall be binding upon the Grantors and the City, and upon their heirs, executors, successors and assigns. By: 6 ,6.9;0Cef David a ino , By: e '�� Colleen Carlino L4By: , 4147 George/ nDeVoorde, Mayor Attest: / LEC/c4/ Do onna Mecum, City Clerk STATE OF ILLINOIS ) COUNTY OF KANE ) I, the undersigned, a Notary Public, in and for said County, in the iState g�oresaid, DO HEREBY CERTIFY that D/4U[D (*Z t[v' AND CetZ E V OI • 'V, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person, and ac- CDCmthat they signed, sealed and delivered the said Cm instrument as their free and voluntary act, for the uses and v purposes therein set forth. CD Given under my hand and official seal, this 3e) ilo ca day of , 1993. UO •'OFFICIAL SEAL" 41- = 24r/LEONA J. LENART Not ry Pu•,00ric Notary Public, State of IHiiwb My Commission Expires 5/9/97 This document prepared by: Erwin Jentsch Elgin Corporation Counsel 150 Dexter Court ,• Elgin, IL 60120 C_: Return to: Dolonna Mecum Elgin City Clerk 150 Dexter Court Elgin, IL 60120 • K SEEES' C P.O.S. TEMPORARY / CONSTRUCTION EASEMENT e / SOT NORTHEAST _ *3 LINE Of • ny / 4O3 ? SUBDIVISION / , osc00° t. kr At' rr • I / . A Township 11 North,Range / / / 9' Me 00 feet on each e of the d I / ? //1 • NORTHWEST IV L INE OF t Northwesterly w / t SUBDIVISION x of-40.23 feet ID the Point 3 Lor / 18 • CA) .d subdivision,a distinct of o L nite 20 sad the termination /d/.5......7419. 1/Y ?0, 407.C / /etT rif el A� Cb 4 =lion and ii true and correct Nom/ N /Q T HIDDEN HILL SUBDIVISION ire indicated. CENTER LINE TEMPORARY CONSTRUCTION / 4 O j —•A.D.,19573• EASEMENT /* { /OT 3 _ SCALE r : 4OT / /? CENTER LINE WATERMAIN • (OT EASEMENT q ?::t • • OT.// - T\-.. \ T / MOELLER•S \. • SUBDIVISION i •S R T4. eO • PREPARED B1, HAMPTON. LENZIM AND RENNICK 380 SHEPARD DRIVE ELGIN. IWNOIS 60123-7010 .111111.111.1111.111111.1111111.11.1.11.111111..."Exhibit A • LLCORD ILL. • 1. 9 3 K 8 4 7 3 2 2r,, PH it.: 00 • `:1;i:),I.,.4) •