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HomeMy WebLinkAbout93-283 Recorded Resolution No. 93-283 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT FOR A WATER LINE (LaSalle National Bank, N.A. ) 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 LaSalle National Trust, N.A. , Successor Trustee to LaSalle National Bank, as Trustee. under Trust #45983 and NBD Bank, Trustee under the Last Will and Testament of Sarah D. Barnes, 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 the Southwest Quarter of Section 8, 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 Sections 8 and 17, Township and Range aforesaid; thence South 74 degrees 15 minutes 59 seconds East (assumed bearing) along the Northeast line of said Hidden Hill Subdivision, a distance of 514 .42 feet to the Point of Beginning; thence North 15 degrees 38 minutes and 46 seconds East, a distance of 739 . 68 feet; thence South 74 degrees 21 minutes 40 seconds East, a distance of 327 .50 feet to the termination of said line and 30.00 foot wide strip of land. Said parcel contains 0 . 735 acre, more or less . Temporary Construction Easement A strip of land 20 . 00 feet wide on that part of Southwest Quarter 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 Northwest corner of Hidden Hill Subdivision (Document No. 1534098) , being a resubdivision situated in part of Sections 8 and 17, Township and Range aforesaid; thence South 74 degrees 15 minutes 59 seconds East (assumed bearing) along the Northeast line of said Hidden Hill • Subdivision, a distance of 539 .42 feet to the Point of Beginning; thence North 15 degrees 38 minutes 46 seconds East, a distance of 714 .73 feet; thence South 74 degrees 21 minutes 40 seconds East, a distance of 302 .51 feet to the termination of said line and 20.00 foot wide strip of land. Said parcel contains 0.467 acre, 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: October 27, 1993 Adopted: October 27, 1993 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk FILED ro ~':_CORD KANE t.',M f -. ILL. 9306540 ni4OV -3 PM 2: 30 GRANT OF EASEMENT 1,4, THIS INDENTURE, made and entered ifiEdR Wis 12th day of October , 1993, by and between the LaSalle National Trust, N.A. , Successor Trustee to LaSalle National Bank, as Trustee under Trust #45983 and NBD Bank, Trustee under the Last Will and Testament of Sarah D. Barnes, herein- after referred to as "Grantor" , and the CITY OF ELGIN, a municipal corporation, hereinafter referred to as "City", Witnesseth: That in and for the consideration of eight thousand five hundred dollars ($8,500) and other good and valuable consideration the sufficiency of which is hereby acknowl- edged, 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 the Southwest Quarter of Section 8, 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 Cm situated in part of Sections 8 and 17, Township and Range aforesaid; thence South 74 degrees 15 minutes 59 seconds East CD (assumed bearing) along the Northeast line of said Hidden CO Hill Subdivision, a distance of 514 .42 feet to the Point of cn , Beginning; thence North 15 degrees 38 minutes and 46 seconds va East, a distance of 739.68 feet; thence South 74 degrees 21 minutes 40 seconds East, a distance of 327 . 50 feet to the termination of said line and 30.00 foot wide strip of land. `c Said parcel contains 0.735 acre, more or less. co co Further, Grantor does hereby grant and convey to the City a temporary construction easement in, upon and over cn the following described real property in the City of Elgin, County of Kane, State of Illinois, more particularly de- o scribed as : TEMPORARY CONSTRUCTION EASEMENT SOUTH OF THE PERMANENT EASE- MENT A strip of land 20.00 feet wide on that part of the Southwest Quarter of Section 8, Township 41 North, Range 8 k F T 4- A/ N n , / \ DELOA/A q _rLlt /h!3CUir, O � airy e,onk t�1l• ei i/' or E1-61.0 "'.26- ), JL 60/.20 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 Sections 8 and 17, Township and Range aforesaid; thence South 74 degrees 15 minutes 59 seconds East (assumed bearing) along the Northeast line of said Hidden Hill Subdivision, a distance of 539 .42 feet to the Point of Beginning; thence North 15 degrees 38 minutes 46 seconds East, a distance of 714 .73 feet; thence South 74 degrees 21 minutes 40 seconds East, a distance of 302 .51 feet to the termination of said line and 20 .00 foot wide strip of land. Said parcel contains 0.467 acre, more or less . (Exhibit A is attached) This grant of easement is executed, delivered and is granted upon the following conditions : 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, howev- er 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 CD pavement or landscaping damaged by City to repair or an maintain the water main. an J 3. The City agrees to indemnify the Grantor for any damages to the property within the easement or any claims arising 0 directly as a result of the City's work upon the easement CO either during construction of the water main or duringCD 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 t'3 upon their heirs, executors, successors and assigns. co (n 0 • By: NBD Bank as Trustee Under the Last Will and Feim entSarah D.,JBarnepi By -.0111td /1, A.sistant Vice President By: LaSalle National Trust,N.A. Successor Trustee to LaSalle National Bank as Trustee Under Trust #45983 and not personally BY:i//01 sisnt Secretary By: George WenDeVoorde, Mayor (' if Attest: r/644,(1,11 Dolonna Mecu , City Clerk CD an Cn CD CO hf ,m,nt Ctie,;.1 .:f Tc.;.crir. NATIONAL TRUST, N.A., r. tp:ITtnallr d:5 In the exercise of the pcwvJ: a c'nfitt,a iftri a, 0 vai .,i s mob Trustee. All tie :z.ro.r1L1,41iJ, tad conditions to by 0. . by it soleld a2 TriJatoec as aforcLiaid, and not inqividually and uil st .ents herein lade era !made on intomution end belief and are to be construed accordingly, and no pe.psonal liability shall be asserted or be enforceable against LasALLE RATIONAL TRUST, N.A. by reason of any of the terms, provisions Li- agY0D40,0 ariax stataments Pautainad iz Vats instraM041.1. co ci cn • STATE OF ILLINOIS ) ) COUNTY OF COOK ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Nanc A. Stack, Assistant Secretary o; personally known to me to be 4;a":1 V r's S""` ?.Se names are subscribed to the foregoing instrument, appeared before me this day in person, and ac- knowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal, this 12th day of October , 1993. / a� . .�. . ..�. .. �� otary Pub is CD CJS --_! O CO -.:.1 iV OD 0 U� Michael Gehrman Assistant Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120 OtlS98 )? 96 more or less. 1E' cp CENTER LINE �� S. �q�,2/ .q 30.00' ti 0 WATERMAIN — \ f EASEMENT ira ''' 0.,,,,....... :----------- - 32 j50 i 15' / • 3025,` 15' 20.001 . i - 10' ' tii i 10' 66 . X x H a1 • H (O /v)H Ita . it: • CENTER LINE TEMPORARY /411.1 CONSTRUCTION EASEMENT • 30.00'—� P.O.B. WATERMAIN EASEMENT Sig. q2, f---- 20.00' 539 q2' P.O.B. TEMPORARY CONSTRUCTION VEST / EASEMENT 0 F G� „ 8O9 /p Q A G�t,� `�, _ _ FILED r 1:J ET: ECORD KANE COUNTY, ILL. 93K86540 Ti NOV -3 PM 2: 30 RECUDER . .