HomeMy WebLinkAbout93-284 Recorded Resolution No. 93-284
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT
FOR A WATER LINE
(Chicago Title and Trust Company)
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 in substantially the
form attached for a water line from Chicago Title and Trust
Company, as Trustee under Trust No. 53859, for the property
located along U.S. Route 20 and legally described as follows:
Permanent Easement
A City of Elgin permanent easement in part of
the northwest quarter of Section 17, Township 41
North, Range 8 East of the Third Principal Meridian,
described as follows: Commencing at the
intersection of the center line of U. S. Route No. 20
with the easterly line of the Northern Illinois Gas
Company propery, said intersection being the
northeast corner of Document No. 1063814; thence
south 29 degrees 56 minutes 55 seconds west, along
the easterly line of said Document No; 1063814, a
distance of 40. 79 feet to a line that is 40. 00 feet,
as measured perpendicular, southwesterly of and
parallel with the said center line of U.S. Route No.
20 for the point of beginning; thence continuing
south 29 degrees 56 minutes 55 seconds west, along
said easterly line, a distance of 20 .40 feet to a
line that is 60.00 feet, as measured perpendicular,
southwesterly of and parallel with the said center
line of U.S. Route No. 20; thence south 71 degrees
22 minutes 35 seconds east, along said parallel
line, a distance of 965. 37 feet to a southwesterly
right of way line of Federal Aid Route 6 (U.S. Route
20) per plat of dedication document No. 920696;
thence south 24 degrees 58 minutes 45 seconds east,
along said southwesterly right of way line, a
distance of 41.43 feet to a line that is 90 .00 feet,
as measured perpendicular, southwesterly of and
parallel with the said center line of U.S. Route No.
20; thence south 71 degrees 22 minutes 35 seconds
east, along said parallel line, a distance of 468.04
feet to a southeasterly right of way line of said
Federal Aid Route 6 (U.S. Route 20) ; thence north 72
degrees 03 minutes 03 seconds east, along said
southeasterly right of way line, a distance of 30. 11
feet to a southwesterly right of way line of said
Federal Aid Route 6 (U.S. Route 20) ; thence south 71
degrees 06 minutes 41 seconds east, along said
southwesterly right of way line, a distance of
109. 65 feet to a southwesterly right of way line of
said Federal Aid Route 6 (U.S. Route 20) ; thence
south 49 degrees 33 minutes 57 seconds east, along
said southwesterly right of way line, a distance of
46 .93 feet to a line that is 90.00 feet, as measured
perpendicular, southwesterly of and parallel with
the said center line of U.S. Route No. 20; thence
south 71 degrees 22 minutes 35 seconds east, along
said parallel line, a distance of 192 .97 feet to the
northwesterly line of Williamsburg Green Unit No. 1
extended northeasterly, being a subdivision of part
of section 17,township and range aforesaid; thence
north 45 degrees 01 minute 57 seconds east, along
said northeasterly extension, a distance of 55. 83
feet to a line that is 40 .00 feet, as measured
perpendicular, southwesterly of and parallel with
the aforesaid center line of U.S. Route No. 20;
thence north 71 degrees 22 minutes 35 seconds west,
along said parallel line, a distance of 1853. 19 feet
to the point of beginning. Being situated in Elgin
Township, Kane County, Illinois and containing 1. 38
acres more or less .
Temporary Construction Easement
A 30. 00 foot wide City of Elgin • temporary
construction easement in part of the northwest
quarter of Section 17, Township 41 North, Range 8
East of the Third Principal Meridian, described as
follows: Commencing at the intersection of the
center line of U.S. Route No. 20 with the easterly
line of the Northern Illinois Gas Company property,
said intersection being the northeast corner of
Document No. 1063814; thence south 29 degrees 56
minutes 55 seconds west, along the easterly line of
said document No. 1063814, a distance of 61. 19 feet
to a line that is 60.00 feet, as measured
perpendicular, southwesterly of and parallel with
the said center line of U.S. Route No. 20 for the
point of beginning; thence continuing south 29
degrees 56 minutes 55 seconds west, along said
easterly line, a distance of 30.60 feet to a line
that is 90.00 feet, as measured perpendicular,
southwesterly of and parallel with the said center
line of U.S. Route No. 20; thence south 71 degrees
22 minutes 35 seconds east, along said parallel
line, a distance of 999 . 95 feet to the southwesterly
right of way line of Federal Aid Route 6 (U.S. Route
20) per plat of dedication Document No. 920696;
thence north 24 degrees 58 minutes 45 seconds west,
along said southwesterly right of way line, a
distance of 41 .43 feet to a line that is 60. 00 feet,
as measured perpendicular, southwesterly of and
parallel with the said center line of U.S. Route No.
20; thence north 71 degrees 22 minutes 35 seconds
west, along said parallel line, a distance of 965.37
feet to the point of beginning. Being situated in
Elgin Township, Kane County, Illinois and containing
0 . 67 acre more of 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
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GRANT OF EASEME
, THIS INDENTURE, made and entered into this ; 'f
day of AJ 0lbf r , 1993, by and between Chicago Title
and Trust Company, as Trustee under Trust No. 53859, 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 seven thousand
five hundred and fifty dollars ($7,550) and other good and
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
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A City of Elgin permanent easement in part of the northwest .j
quarter of Section 17, Township 41 North, Range 8 East of the iV
Third Principal Meridian, described as follows : Commencing at 1'.)
y0 the intersection of the center line of U. S. Route No. 20 with
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the easterly line of the Northern Illinois Gas Company proper-
ty, said intersection being the northeast corner of Document
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No. 1063814 ; thence south 29 degrees 56 minutes 55 seconds N
west, along the easterly line of said Document No; 1063814, a
distance of 40 . 79 feet to a line that is 40 . 00 feet, as mea-
sured perpendicular, southwesterly of and parallel with the
said center line of U.S. Route No. 20 for the point of begin-
ning; thence continuing south 29 degrees 56 minutes 55 seconds
west, along said easterly line, a distance of 20 .40 feet to a
line that is 60. 00 feet, as measured perpendicular, southwest-
erly of and parallel with the said center line of U.S . Route
No. 20; thence south 71 degrees 22 minutes 35 seconds east,
along said parallel line, a distance of 965 . 37 feet to a
southwesterly right of way line of Federal Aid Route 6 (U.S .
Route 20) per plat of dedication document No. 920696 ; thence
south 24 degrees 58 minutes 45 seconds east, along said south-
westerly right of way line, a distance of 41 .43 feet to a line
that is 90 . 00 feet, as measured perpendicular, southwesterly
of and parallel with the said center line of U.S . Route No.
20; thence south 71 degrees 22 minutes 35 seconds east, along
c, said parallel line, a distance of 468 . 04 feet to a southeast-
-4 - erly right of way line of said Federal Aid Route 6 (U.S . Route
t - 20) ; thence north 72 degrees 03 minutes 03 seconds east, along
said southeasterly right of way line, a distance of 30 . 11 feet
to a southwesterly right of way line of said Federal Aid Route
6 (U.S. Route 20) ; thence south 71 degrees 06 minutes 41
seconds east, along said southwesterly right of way line, a
distance of 109 . 65 feet to a southwesterly right of way line
of said Federal Aid Route 6 (U.S . Route 20) ; thence south 49
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degrees 33 minutes 57 seconds east, along said southwesterly
right of way line, a distance of 46 . 93 feet to a line that is
90 . 00 feet, as measured perpendicular, southwesterly of and
parallel with the said center line of U.S. Route No. 20;
thence south 71 degrees 22 minutes 35 seconds east, along said
parallel line, a distance of 192 . 97 feet to the northwesterly
line of Williamsburg Green Unit No. 1 extended northeasterly,
being a subdivision of part of section 17,township and range
aforesaid; thence north 45 degrees 01 minute 57 seconds east,
along said northeasterly extension, a distance of 55 . 83 feet
to a line that is 40 . 00 feet, as measured perpendicular,
southwesterly of and parallel with the aforesaid center line
of U. S. Route No. 20; thence north 71 degrees 22 minutes 35
seconds west, along said parallel line, a distance of 1853 . 19
feet to the point of beginning. Being situated in Elgin
Township, Kane County, Illinois and containing 1 . 38 acres more
or less. (See Attachment A. )
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 :
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TEMPORARY CONSTRUCTION EASEMENT SOUTH OF THE PERMANENT EASE-
MENT tV
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A 30 . 00 foot wide City of Elgin temporary construction ease-
ment in part of the northwest quarter of Section 17 , Township CD
41 North, Range 8 East of the Third Principal Meridian, de- —'
scribed as follows : Commencing at the intersection of the
center line of U.S . Route No. 20 with the easterly line of the W
Northern Illinois Gas Company property, said intersection
being the northeast corner of Document No. 1063814; thence
south 29 degrees 56 minutes 55 seconds west, along the easter-
ly line of said document No. 1063814, a distance of 61 . 19 feet
to a line that is 60 . 00 feet, as measured perpendicular,
southwesterly of and parallel with the said center line of
U.S . Route No. 20 for the point of beginning; thence continu-
ing south 29 degrees 56 minutes 55 seconds west, along said
easterly line, a distance of 30 . 60 feet to a line that is
90 .00 feet, as measured perpendicular, southwesterly of and
parallel with the said center line of U.S . Route No. 20;
thence south 71 degrees 22 minutes 35 seconds east, along said
parallel line, a distance of 999 . 95 feet to the southwesterly
right of way line of Federal Aid Route 6 (U.S . Route 20) per
plat of dedication Document No. 920696; thence north 24 de-
grees 58 minutes 45 seconds west, along said southwesterly
right of way line, a distance of 41 . 43 feet to a line that is
60 . 00 feet, as measured perpendicular, southwesterly of and
parallel with the said center line of U.S . Route No. 20;
thence north 71 degrees 22 minutes 35 seconds west, along said
parallel line, a distance of 965 . 37 feet to the point of
beginning. Being situated in Elgin Township, Kane County,
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Illinois and containing 0 . 67 acre more of less . (See Attach-
ment A. )
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 and exclusive easement described herein,
provided, however the Grantor has the right to construct
a road across the easement and the right to place land-
scaping upon the easement. The City shall replace or
repair any such pavement or landscaping damaged by City
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to repair or maintain the water main.
3 . The City agrees to indemnify the Grantor for any damages N
to the property within the easement or any claims arising
directly as a result of the City' s work upon the easement 0
either during construction of the water main or during
maintenance or repair of the water main. N
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 .
Al / Vic
Asst.
By: r_t
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Chicago Ti a and Trust Company
As Trustee Unde ,'rust No. 53859
4,,b4401,4a„
By:
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Geor,/ VanDeVoorde, Mayor
Attest: ( �(L'tity /;2i :
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Dolonna Mecum, City Clerk
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STATE OF ILLINOIS, SS.
COUNTY OF COOK
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY, that the above named Assistant Vice President and Assistant Secretary of
the CHICAGO TITLE AND TRUST COMPANY, Grantor, personally known to me to be the
same persons whose names are subscribed to the foregoing instrument as such Assistant
Vice President and Assistant Secretary respectively, appeared before me this day in person
and acknowledged that they signed and delivered the said instrument as their own free and
voluntary act and as the free and voluntary act of said Company for the uses and purposes
therein set forth; and the said Assistant Secretary then and there acknowledged that said
Assistant Secretary, as custodian of the corporate seal of said Company, caused the corpo-
rate seal of said Company to be affixed to said instrument as said Assistant Secretary's own
free and voluntary act and as the free and voluntary act of said Company for the uses and
purposes therein set forth.
Given under my hand and Notarial Seal Date "`"
"OFFICIAL SEAL"
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Ora L. Dawson N
Notary Public,State of Illinois `,'/
My Commission Expires 2/1/96 i /('& ,\ / '
Notary Public —
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Form 1329
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Prepared by:
Erwin Jentsch
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120
After recording, return to:
Dolonna Mecum
Elgin City Clerk
150 Dexter Court
Elgin, IL 60120
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