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Home My WebLink About93-38 Recorded Resolution No. 93-38 RESOLUTION ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT AND PLAT OF EASEMENT FOR SANITARY SEWER PURPOSES (Bartel ' s Farm) 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 Temporary Construction Easement and Plat of Easement for sanitary sewer purposes over the property legally described as follows : A 50 . 00 foot wide City of Elgin temporary construction easement of part of the Northwest quarter of Section 32 and part of the Southwest quarter of Section 29, both in Township 42 North, Range 8 East of the Third Principal Meridian, described as follows : A fifty foot wide temporary construction easement lying northerly, northeasterly and parallel with lands conveyed to Kane County by Parcel No. N-4D-56 . 15 Document No. 1984193 and Parcel No. N-4D-56 . 17 Document No. 1984192 and lying westerly of the East line of the Northwest quarter of the said Northwest quarter of Section 32 and lying easterly of Illinois State Toll Highway Commission Parcel No. N-4D-55 . 8 . Being situated in the City of Elgin, Kane County, Illinois , and containing 1 . 83 acres more or less . BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Plat of Easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois . s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: February 10 , 1993 Adopted: February 10, 1993 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk PILED IN BLUEPRINT OM FILE(l FOR RECORD KANE CO►'JHTY. ILL. STATE OF ILLINOIS 9 3 K 10 5 3 7 93 FEB I AM 10: 45 original SS. r� tt,) . 421 COUNTY OF KANE ) RECORDER TEMPORARY CONSTRUCtTION/EASEMENT FOR SANITARY,SEWER KNOW ALL MEN BY THESE PRESENTS: That the Grantors, BARTEL'S FARMING CORPORATION, a Delaware Corporation, being the owner of the property hereinafter described as the "Subject Premises," in the attached Exhibit "A," and commonly known as the Northeast 23 acres of the Bartel's Farm. (J E. In consideration of the sum of Ten and no/100 ($10.00) Dollars and other good and valuable consideration, in hand paid by the City of Elgin, a municipal corporation --sa organized and existing under the laws of the State of Illinois (hereinafter "City') to Grantor, receipt of which is hereby acknowledged, Grantor hereby grants to said City, a p t, Seventy Foot (70') wide Temporary Construction Easement upon and across the Subject --� _r Premises, for the purpose of providing installation of a new sanitary service line within a CP'. roadway right-of-way adjacent to the temporary easement granted hereunder, said Q0' Iv easement being described in the Plat of Easement prepared by Burnidge & Westphal, Inc. and dated / I q ' / and Exhibit "B" attached hereto. Cb By this Grant of Easement, Grantor hereby grants to the City the right to enter upon said land and to said land use for stockpile storage, at any time within Three Hundred Sixty (360) days from the date of this Agreement, in order to install a new sanitary sewer CJl Lai in the right-of-way adjacent thereto, and to do such other and further acts as are required to install said sanitary sewer line. After the sanitary sewer line, conduits and appurtenances have been installed, the City will restore as nearly as possible, the Subject I Gµc 2�_`'° Premises to its original condition, including removal of stockpiled material, and grading to the original grade. Further, City shall pay to Grantor, upon signing of the Easement Agreement, a lump sum of Nine Hundred and no/100 ($900.00) Dollars for 1993 and for each subsequent year of this easement. City further agrees to release, hold harmless and to indemnify Grantor from any and all liability arising from or relating to the construction activities contemplated hereunder during the term of this agreement, or arising from claims during the term of this agreement. Upon the expiration of the term of this Temporary Construction Agreement, said agreement, Plat of Easement and any encumbrance relating thereto shall be removed and released from the Subject Premises at no cost to Grantor. IN WITNESS WHEREOF, the parties hereto set their hands and seals this J day of ) , 1993. GRANTOR: BARTEL'S FARMING CORPORATION, a Delaware corporation, 171 By: Walton R. Bartels; President I co 24' Attest: Corinne M. Bartels, Secretary 2 L- ACCEPTED BY THE CITY OF ELGIN: Mayor Attest: C-C-6-14.,4_ A Clerk w CA) This Document Prepared By: c) THE LAW OFFICES OF WARREN E. STROM u; 24 E. Chicago St., Suite 200 v� P.O. Box 1270 Elgin, IL 60121 Phone: (708) 931-9000 c:\agreemen\construc.eas 3 OF 'THAT PART OF THE SOUTHWEST QUARTER OF SECTION 29 AND THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF SECTION 32; THENCE SOUTH 01 DEGREE 52 MINUTES 53 SECONDS WEST, ALONG THE WEST LINE OF SAID NORTHWEST QUARTER OF SECTION 32, A DISTANCE OF 165. 63 FEET TO THE NORTHEASTERLY LINE AS MONUMENTED OF THE ILLINOIS STATE TOLL HIGHWAY COMMISSION PARCEL ND. N-4D-57; THENCE SOUTH 58 DEGREES 15 MINUTES 38 SECONDS EAST , ALONG SAID NORTHEASTERLY LINE AS MONUMENTED, A DISTANCE OF 889. 80 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 03 MINUTES 40 SECONDS EAST , A DISTANCE OF 116.62 FEET TO A NORTHEASTERLY LINE OF THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY PARCEL NO. N-4D-56. 5; THENCE NORTH 34 DEGREES 39 MINUTES 44 SECONDS WEST, ALONG SAID NORTHEASTERLY LINE , A DISTANCE OF 181 . 15 FEET TO AN ANGLE IN SAID PARCEL NO. N-4D-56. 5; THENCE NORTH 15 DEGREES 26 MINUTES 21 SECONDS WEST, ALONG AN EASTERLY LINE OF SAID PARCEL NO. N-4D-56. 5, A DISTANCE OF 180.53 FEET TO AN ANGLE IN SAID PARCEL NO. N-4D-56. 5; THENCE NORTH 04 DEGREES 05 MINUTES 53 SECONDS WEST , ALONG SAID EASTERLY LINE , A DISTANCE OF 182. 49 FEET TO AN ANGLE IN SAID PARCEL NO. N-4D-56.5; THENCE NORTH 13 DEGREES 48 MINUTES 05 SECONDS EAST , ALONG SAID EASTERLY LINE, A DISTANCE OF 189. 70 FEET TO AN ANGLE IN SAID PARCEL NO. N-4D-56.5; THENCE SOUTH 76 DEGREES 11 MINUTES 55 SECONDS EAST , ALONG A SOUTHERLY LINE OF SAID PARCEL NO. N-4D-56. 5, A DISTANCE OF 64. 00 FEET TO A NORTHEASTERLY LINE OF SAID PARCEL NO. N-4D-56. 5; THENCE NORTHWESTERLY, ALONG SAID NORTHEASTERLY LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 332. 00 FEET AND A CHORD BEARING OF NORTH 50 DEGREES 14 MINUTES 24 SECONDS WEST, AN ARC DISTANCE OF 92. 95 FEET TO A POINT OF TANGENT IN SAID PARCEL NO. N-4D-56. 5; THENCE NORTH 58 DEGREES 15 MINUTES 38 SECONDS WEST, ALONG SAID NORTHEASTERLY LINE, TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 100. 62 FEET TO AN ANGLE IN SAID PARCEL NO. N-4D-56. 5; THENCE NORTH 52 DEGREES 33 MINUTES 00 SECONDS WEST, ALONG SAID NORTHEASTERLY LINE, A DISTANCE OF 100. 50 FEET TO AN ANGLE IN SAID PARCEL NO. N-4D-56. 5; THENCE NORTH 58 DEGREES 15 MINUTES 38 SECONDS WEST, ALONG SAID NORTHEASTERLY LINE, A DISTANCE OF 500. 00 FEET TO AN ANGLE IN SAID PARCEL NO. N-4D-56. 5; THENCE SOUTH 31 DEGREES 44 MINUTES 22 SECONDS WEST, ALONG A NORTHWESTERLY LINE OF SAID PARCEL NO. N-4D-56. 5, A DISTANCE OF 47.53 FEET TO THE EASTERLY LINE OF THE ILLINOIS STATE TOLL HIGHWAY COMMISSION PARCEL NO. N-4D-55. 8; THENCE NORTH 02 DEGREES 26 MINUTES 38 SECONDS WEST, ALONG SAID EASTERLY LINE, A DISTANCE OF 231 . 01 FEET TO AN ANGLE IN SAID PARCEL NO. N-4D-55. 8; THENCE NORTH 21 DEGREES 23 MINUTES 38 SECONDS WEST , ALONG A NORTHEASTERLY LINE OF SAID PARCEL NO. N-4D-55.8, A DISTANCE OF 150. 11 FEET TO THE EASTERLY RIGHT OF WAY LINE OF RANDALL ROAD; THENCE NORTH 01 DEGREE 57 MINUTES 52 SECONDS EAST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 2. 97 FEET TO THE SOUTH LINE AS MONUMENTED OF WALNUT HILL OF SLEEPY HOLLOW, BEING A SUBDIVISION OF PART OF SECTION 29, TOWNSHIP AND RANGE AFORESAID; THENCE "`)SOUTH 88 DEGREES 18 MINUTES 52 SECONDS EAST, ALONG SAID SOUTH LINE AS `MONUMENTED, A DISTANCE OF 1293.48 FEET TO THE NORTHWEST CORNER AS MONUMENTED OF HICKORY "HOLLOW, BEING A SUBDIVISION OF PART OF THE SOUTH CC3HALF OF SECTION 29, TOWNSHIP AND RANGE AFORESAID; THENCE SOUTH 02 W DEGREES 14 MINUTES.. 19 SECONDS WEST, A DISTANCE OF 809. 76 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SAID NORTHWEST QUARTER OF SECTION 32; THENCE SOUTH 01 DEGREE 51 MINUTES 58 SECONDS WEST, ALONG THE EAST LINE OF THE SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, A DISTANCE OF 663. 08 FEET TO THE SOUTHEAST CORNER OF THE NORTH HALF OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE NORTH 88 DEGREES 13 MINUTES 57 SECONDS WEST, ALONG THE SOUTH LINE OF THE SAID NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 457. 38 FEET TO THE AFORESAID NORTHEASTERLY LINE AS MONUMENTED OF PARCEL NO. N-4D-57; THENCE NORTH 58 DEGREES 15 MINUTES 38 SECONDS WEST, ALONG SAID NORTHEASTERLY LINE AS MONUMENTED, A DISTANCE OF 107. 06 FEET TO THE POINT OF BEGINNING. E;chip1t A STATE OF ILLINOIS) COUNTY OF KANE ) SS THIS IS TO CERTIFY THAT I, JOHN T. BURNIDGE, AN ILLINOIS REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE AND COUNTY AFORESAID, HAVE PLATTED FOR THE OWNER THEREOF, A 70. 00 FOOT WIDE CITY OF ELGIN TEMPORARY CONSTRUCTION EASEMENT OF PART OF THE NORTHWEST QUARTER OF SECTION 32 AND PART OF THE SOUTHWEST QUARTER OF SECTION 29, BOTH IN TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: A SEVENTY FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT LYING NORTHERLY, NORTHEASTERLY AND PARALLEL WITH LANDS CONVEYED TO KANE COUNTY BY PARCEL NO. N-4D-56. 15 DOCUMENT NO. 1984193 AND PARCEL NO. N-4D-56 . 17 DOCUMENT NO. 1984192 AND LYING WESTERLY OF THE EAST LINE OF THE NORTHWEST QUARTER OF THE SAID NORTHWEST QUARTER OF SECTION 32 AND LYING EASTERLY OF ILLINOIS STATE TOLL HIGHWAY COMMISSION PARCEL NO. N-4D-55 . 8 . BEING SITUATED IN THE CITY OF ELGIN, KANE COUNTY ILLINOIS, AND CONTAINING 1. 83 ACRES MORE OR LESS. CO Exhibit -7t, FILED FOR RECORD tI.EDiNBi.L�EF'r�INT BOOK# KANE COUNTY, ILL. 93K 10537 F BI6 AMT. 45 �� ,.. •gin E� a ,,,. 1 RECORDER