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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 1 W t-4Li)v, /L 4O/za ASN: (0) 1.1 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 c.D CD N co V/69 0832 . • • i. 1/1 4.1 ‘ . ill -. ali i k 1 -iv .1 i IN CO �' 4t • ,, . . • , f 4 G & i• 46 4%e011. 4.414fti .tAle4i .e„ I ti N(.., \ tb. it. yr -ta. '4. s''�' ' rIfrI ♦ \ 4 & w 4'' ems• 'w +�' 1 1. E-, ii . , . %- Nriiriit. -, • U ` ~ ,� f Jam. 4• =MOM i1M11o3 DWI 4 AM MO �`►o .s '' •`.. ♦ \\ d' • /4• • •e ♦ 'S. 11 •� — *0111 • 10o1 own or 0141331* 411* •M••— 130 WoeyP� y1i- o % . % N . 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