HomeMy WebLinkAbout94-14 Recorded Resolution No. 94-14
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT •
FOR A SEWER LINE ON BIG TIMBER ROAD
(Amcore Bank)
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 the construction
and maintenance of a sewer line from Amcore Bank, N.A. , over
the property legally described as follows :
PERMANENT EASEMENT
A 13. 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 57 degrees
40 minutes 00 seconds West, along said center line, a
distance of 435.21 feet; thence north 32 degrees 20
minutes 00 seconds East, perpendicular to the said center
line of Big Timber Road, a distance of 75. 00. feet to the
Northeast corner of an existing City of Elgin easement
per Document No. 92K73202 for the point of beginning;
thence North 57 degrees 40 minutes 00 seconds West, along
the Northeasterly line of said existing City of Elgin
easement, a distance of 575.48 feet to the Southeasterly
line of North Lyle Avenue, also being the Northwest
corner of said existing City of Elgin easement; thence
North 32 degrees 20 minutes 00 seconds East, along said
Southeasterly line, a distance of 13. 00 feet; thence
South 57 degrees 40 minutes 00 seconds East, parallel
with the said Northeasterly line of the existing City of
Elgin easement, a distance of 575.48 feet to a line that
bears North 32 degrees 20 minutes 00 seconds East from
the point of beginning; thence South 32 degrees 20
minutes 00 seconds West, along said line, a distance of
13.00 feet to the point of beginning. Being situated in
the City of Elgin, Kane County, Illinois and containing
0. 17 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: January 12, 1994
Adopted: January 12, 1994
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
401,
FFIL 139 ;�F RECORD
+ • KANE ,fl!i I Y. ILL.
94K012748 o,. F -7 A4 9: 115
GRANT OF EASEMENT
THIS INDENTURE, made and entered into `-lils (,C
day of 4 , 1993, by and between the Amcore Bank,
N.A. , Rockford, an Illinois Corporation, hereinafter referred
to an "Grantor", and the CITY OF ELGIN, a municipal corpora-
tion, hereinafter referred to as "City", Witnesseth:
That in and for the consideration of fourteen thou-
sand one hundred and nineteen dollars and forty cents
($14, 119 .40) and other good and valuable consideration the Qn
sufficiency of which is hereby acknowledged, Grantor does LD
hereby grant and convey to the City a permanent and exclusive
easement for the construction and maintenance of a sewer line o
in, upon and over the following described real property in CO
the Cit"► of Elgin, County of Kane, State of Illinois, more N
particularly described as: v
PERMANENT EASEMENT
A 13. 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, de-
10 scribed as follows: Commencing at the intersection of the
Westerly line of the former Northern Illinois Gas Company
7 property per Document No. 743751 with the center line of
original Big Timber Road; thence North 57 degrees 40 minutes
3- 00 seconds West, along said center line, a distance of 435. 21
feet; thence north 32 degrees 20 minutes 00 seconds East,
0) perpendicular to the said center line of Big Timber Road, a
distance of 75. 00 feet to the Northeast corner of an existing
City of Elgin easement per Document No. 92K73202 for the
point of beginning; thence North 57 degrees 40 minutes 00
seconds West, along the Northeasterly line of said existing
City of Elgin easement, a distance of 575. 48 feet to the
Southeasterly line of North Lyle Avenue, also being the North-
. cs_ west corner of said existing City of Elgin easement; thence
North 32 degrees 20 minutes 00 seconds East, along said South-
...I:,
outh-
...I easterly line, a distance of 13 .00 feet; thence South 57
CD degrees 40 minutes u0 seconds East, parallel with the said
Northeasterly line of the existing City of Elgin easement, a
tv distance of 575. 48 feet to a line that bears North 32 degrees
-- 20 minutes 00 seconds East from the point of beginning;
thence South 32 degrees 20 minutes 00 seconds West, along
co said line, a distance of 13. 00 feet to the point of begin-
ning. Being situated in the City of Elgin, Kane County,
Illinois and containing 0. 17 acre more or less . As shown in
Attachment A and A-1.
A'1 7 v/'i✓ Yom. L/LI
c,TY A-44-/A1
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This grant of easement is executed, delivered and
is granted upon the following conditions:
1. 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
pavement or landscaping damaged by City to repair or
maintain the sewer line.
2. The City agrees to indemnify the Grantor for any damages
to the property within the easement or any claims aris-
ing directly as a result of the City's work within the
easement premises either during construction of the
sewer line or during maintenance or rPrait of the sewer Cm
line. UD
3. Grantee agrees that Grantor has incurred expenses amount- CD
ing to $2,000.00 as a result of the placement of the CO
sanitary sewer outside an agreed upon easement area. N
CO
The parties hereto further understand and agree that the
consideration of $14, 119 .40 previously referred to in
this agreement includes said prior expenses of grantee
of $2,000. 00 and constitutes full and final payment by
grantee to grantor.
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.
City of Elgin Amcore Bank N.A. , Rockford
By: '
91i48�; _ •
Geor VanDeVoorde, Mayor
CD
-- Attest: k(..0--it �l� ca'n--- Attes : 1 w '
L
Dolonna Mecum, City Clerk
co
t°L'd iuiiii
P .
STATE OF ILLINOIS )
tawNE444-4 )
COUNTY OF KANE )
I, the undersigned, a Notary Public, in and for said
County, in the State aforesaid, DO HEREBY CERTIFY that
JAm E 5 _ LiJA-f , personally known to me to be
the same persons whose 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 `D
purposes therein set forth. an
n
Given under my hand and official seal, this /S-7"
day of ,Q� /r1 /k, , 1993 .
CO
up
Za}t.,6 a/te a. =
Notary Public
EARA A.'11PPAY
NOTARY FU .UC STATE;OF ILLINOIS
tY COMMISSION EXP. APE.15. 993
Prepared By:
Raymond Moller
Director of City Properties
4.0 City of Elgin
150 Dexter Court
Elgin, IL 60120
N After recording, return to:
Dolonna Mecum
47- Elgin City Clerk
Co 150 Dexter Court
Elgin, IL 60120
3
1
STATE OF ILLINOIS )
COUNTY OF KANE )
I, the undersigned, a Notary Public, in and for said
County, in the State aforesaid, DO HEREBY CERTIFY that
(3, V,q /O 6Yoo20 E `Y D , /11 tC )n-i , personally known to me to be
the same persons whose 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 1 .4 :
day of ��� , 1990311.4 --.I
cn
Cm
co
GJ
Notary Publi
1 OFFICIAL SEAL
4 NANCY ROLL
INOTARY PUBLIC, STATE OF ILLINOIS
My CAmmiiolon Exxirpo Sun. 10, 107
Prepared By:
Raymond Moller
Director of City Pro*;erties
City of Elgin
up 150 Dexter Court
Elgin, IL 60120
CD
' _ After recording, return to:
N' Dolonna Mecum
�" Elgin City Clerk
150 Dexter Court
cc
Elgin, IL 60120
ATTACHMENT A
J
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 OWNERS THEREOF, A 13.00 FOOT WIDE CITY OF ELGIN EASEMENT
IN PART OF THE SOUTHEAST QUARTER OF FRACTIONAL SECTION 4, TOWNSHIP 41
NORTH, RANGE 6 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 57
DEGREES 40 MINUTES 00 SECONDS WEST, ALONG SAID CENTER LINE, A DISTANCE
OF 435.21 FEET; THENCE NORTH 32 DEGREES 20 MINUTES 00 SECONDS EAST,
PERPENDICULAR TO THE SAID CENTER LINE OF BIG TIMBER ROAD, A DISTANCE OF
75.00 FEET TO THE NORTHEAST CORNER OF AN EXISTING CITY OF ELGIN EASEMENT
PER DOCUMENT NO. 92K73202 FOR THE POINT OF BEGINNING; THENCE NORTH 57
DEGREES 40 MINUTES 00 SECONDS WEST, ALONG THE NORTHEASTERLY LINE OF SAID
EXISTING CITY OF ELGIN EASEMENT, A DISTANCE OF 575.48 FEET TO THE
SOUTHEASTERLY LINE OF NORTH LYLE AVENUE, ALSO BEING THE NORTHWEST CORNER
OF THE SAID EXISTING CITY OF ELGIN EASEMENT; THENCE NORTH 32 DEGREES 20
MINUTES 00 SECONDS EAST, ALONG SAID SOUTHEASTERLY LINE, A DISTANCE OF
13.00 FEET; THENCE SOUTH 57 DEGREES 40 MINUTES 00 SECONDS EAST, PARALLEL
WITH THE SAID NORTHEASTERLY LINE OF THE EXISTING CITY OF ELGIN EASEMENT,
A DISTANCE OF 575.48 FEET TO A LINE THAT BEARS NORTH 32 DEGREES 20
MINUTES 00 SECONDS EAST FORM THE POINT OF BEGINNING; THENCE SOUTH 32
DEGREES 20 MINUTES 00 SECONDS WEST, ALONG SAID LINE, A DISTANCE OF 13. 00
FEET TO THE POINT OF BEGINNING. BEING SITUATED IN THE CITY OF ELGIN,
KANE COUNTY, ILLINOIS AND CONTAINING 0. 17 ACRE MORE OR LESS.
I FURTHER CERTIFY THAT THE PLAT HEREON DRAWN CORRECTLY REPRESENTS SAID
EASEMENT AND THAT ALL DIMENSIONS ARE GIVEN IN FEET AND DECIMAL PARTS
THEREOF.
DATED AT ELGIN, ILLINOIS THIS 18TH DAY OF MAY, A.D. 1993 . —..!
OrN
BURNIDGE AND WESTPHAL, INC. uD
CO
INOIS RE �
GISTE PROFESSIONAL CO
LAND SURVEYOR NO. 035-002518
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