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HomeMy WebLinkAbout93-236 Recorded Resolution No. 93-236 RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SEWER LINE (Tyler Creek/Big Timber Road) 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 on behalf of the City of Elgin with The Evangelical Free Church of Elgin for the construction and maintenance of a sewer line 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: August 25, 1993 Adopted: August 25, 1993 Omnibus Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • KANF ILL. 93K8it73I 2' p t;. ov GRANT OF EASEMENT S INDENTURE, made and entered into this ;S day of 'IHJu- y; 1993, by and between the Elgin Evangelical Free Church, hereinafter referred to as "Grantor" , and the CITY OF ELGIN, a municipal corporation, hereinafter referred to as "City" , Witnesseth: CM Cm That in and for the consideration of thirty four �V thousand nine hundred dollars ($34,900) and other good and valuable consideration the sufficiency of which is hereby ca acknowledged, Grantor does hereby grant and convey to the City CO . a permanent and exclusive easement for the construction and Cm maintenance of a sewer 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 40. 00 foot wide City of Elgin easement in part of the Southeast quarter of fractional Section 4, Township 41 North, Range 8 East of the third principal meridian, described as follows : Commencing at the intersection of the Westerly line of the former Northern Illinois Gas Company property per Document No. 743751 with the center line of original Big Timber Road; thence North 15 degrees 07 minutes 00 seconds East, along said Westerly line, a distance of 55 .49 feet to the Northeast corner of the Sanitary District of Elgin (now known as the Fox River Water Reclamation District) easement per Document No. 1566675 for the point of beginning; thence North 57 degrees 40 minutes 00 seconds West, along the North- -- easterly line of said Sanitary District easement, a distance of 418. 79 feet; thence North 32 degrees 20 minutes 00 seconds East, right angles to the last described course, a distance of 7 40. 00 feet; thence South 57 degrees 40 minutes 00 seconds East, parallel with the said Northeasterly line, a distance of 406 . 39 feet to the said Westerly line of Document No. 743751; thence South 15 degrees 07 minutes 00 seconds West, along said Westerly line, a distance of 41 . 88 feet to the point of begin- ning. Being situated in the City of Elgin, Kane County, Illinois and containing 0 . 37 acre more or less . (Exhibit A is attached. ) This grant of easement is executed, delivered and is c: granted upon the following conditions : 1 . 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 sewer line. L,( /_ v/ v � r AO 17S 2. 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 sewer line or during maintenance or repair of the sewer line. The terms and conditions of this permanent easement shall be binding upon the Grantors and the City, and upon their heirs, executors, successors and assigns. By: ca} iAsm. Ke th Carlson, Board Chairman co • The Evangelical Free Church --.1 By: �' Geor a �Voorde, Mayor /‘, 1 Attest: / Ct,42-- Dolonna Mecum, it Clerk STATE OF ILLINOIS ) ) COUNTY OF KANE ) I, the undersigned, a Notary Public, in and for said Coty, in the State aforesaid, DO HEREBY CERTIFY that CD et /• �',p��.sd,� , personally known to me to beCN t e same persons whose names are subscribed to the foregoing CN instrument, appeared before me this day in person, and ac- N.) knowledged that they signed, sealed and delivered the said CD instrument as their free and voluntary act, for the uses and purposes therein set forth. // ` (A) Given }finder my hand and official seal, this CO day of �7` v' , 1993 . \9 /JJ i" ..,,,,____/„...„ OFFICIAL SEAL ,/ Notary Public /',„ b OONN JONSWOLD t NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 12/ 7,95 This document prepared by: Erwin Jentsch Elgin Corporation Counsel 150 Dexter Court Elgin, IL 60120 C:..) Return to: CD Dolonna Mecum Elgin City Clerk 150 Dexter Court co Elgin, IL 60120 0 f&6 2 0309 --D- - ct,. a. .w • t' T Af� 40 �Jss-'1",s- -9)..ate P<� "`�,'� \ \ 1i h:;4' ti� .Q i U NJ 7 ��� e9o.� e ry� n\ 9s,rC P �9ica e iiii c -�• eP • ,; a3F�� ' O 9 W it. €4-e 6c�'�s b b sc4Le: l-=6n' • HEn/spnNs rN FEET 4*'O /2EctmooLs BURNIDGE AND • 4 THIS PLAT OF EASEMENT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE 163 NORTH EDI COMMITMENT, THEREFORE OTHER EASEMENTS WERE NOT SHOWN. ELGIN, ILLINOIS �. . . • (708) 888-26100 V 9.-.4- /39-¢ .+' . P Hari F H LE:CORD KAHF 'Ll-..-'":1 ! 1", ILL. 9 3 K 8 it 7 3 1 1- OCT 23 Fii 14: 00 4