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
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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.
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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
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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
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pavement or landscaping damaged by City to repair or an
maintain the water main. an
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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.
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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
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Attest: r/644,(1,11
Dolonna Mecu , City Clerk
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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.
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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.
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a� . .�. . ..�. .. �� otary Pub is
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Michael Gehrman
Assistant Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120
OtlS98 )? 96
more or less.
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CENTER LINE �� S. �q�,2/ .q 30.00' ti 0
WATERMAIN — \ f
EASEMENT
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0.,,,,....... :----------- - 32 j50
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15' / •
3025,`
15' 20.001
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- 10' '
tii i 10' 66 .
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• CENTER LINE
TEMPORARY
/411.1
CONSTRUCTION
EASEMENT
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30.00'—�
P.O.B. WATERMAIN
EASEMENT
Sig. q2,
f---- 20.00'
539 q2' P.O.B. TEMPORARY
CONSTRUCTION
VEST / EASEMENT
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FILED r 1:J ET: ECORD
KANE COUNTY, ILL.
93K86540 Ti NOV -3 PM 2: 30
RECUDER
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