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Home My WebLink About94-15 Recorded Resolution No. 94-15 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT FOR A SEWER LINE ON BIG TIMBER ROAD (Big Timber 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 for the construction and maintenance of a sewer line from Big Timber Company, over the property legally described as follows : PERMANENT EASEMENT Parcel I : 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 min- utes 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. Parcel II : A 30 . 00 . foot wide City of Elgin easement in part of the East half of fractional Section 4, Township 41 North, Range 8 East of the third principal meridian, described as follows: Commencing at the Southeast corner of Lot 349 of Century Oaks West Unit No. 6, being a subdivision of part of fractional Section 4, Township and Range aforesaid, and being on the Northwesterly line of North Lyle Avenue; thence South 32 degrees 20 minutes 00 seconds West, along said Northwesterly line of North Lyle Avenue, a distance of 552 . 00 feet for the point of beginning; thence North 57 degrees 40 minutes 00 seconds West, perpendicular to the last described course, a distance of 70.00 feet; thence South 32 degrees 20 minutes 00 seconds West, parallel with the said Northwesterly line of North Lyle Avenue, a distance of 30.00 feet to the Northeasterly line of the Sanitary District of Elgin (now known as the Fox River Water Reclamation District) easement per Document No. 1566675; thence South 57 degrees 40 minutes 00 seconds East, along said Northeasterly line, a distance of 70. 00 feet to the said Northwesterly line of North Lyle Avenue; thence North 32 degrees 20 minutes 00 seconds East, along said Northwesterly line, a distance of 30 . 00 feet to the point of beginning. Being situated in the City of Elgin, Kane County, Illinois and containing 0. 04 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 S ' . GRANT OF EASEMENT THIS INDENTURE, made and entered into this 17th day of December , 1993, by and between Jerry L. Hoover, Fred E. Ledebuhr, Roger A. Burnidge and Ralph Tiberi, copartners, doing business as Big Timber Company hereinafter 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 fifty-three thousand sixty-eight dollars and forty cents ($53,068.40) 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 con- struction and maintenance of a sewer line in, upon and over the following described real property in the City of Elgin, QD County of Kane, State of Illinois, more particularly de- scribed as: CD PERMANENT EASEMENT ._._ N Parcel I : -.,J X7 A 45.00 foot wide City of Elgin Easement in part of QD 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 center line of North McLean Boulevard with the Northerly right-of-way line of the Soo Line Railroad ( formerly Chicago Milwaukee, St. Paul 'JO and Pacific Railroad Company) ; thence North 89 degrees 46 � D minutes 09 seconds West, along said Northerly right-of-way =--; ':. : ; line, a distance of 1,319 . 66 feet; thence Westerly, along said "; : Northerly right-of-way line, being along a curve to the. right . having a radius of 5,679 .58 feet, tangent to the last de-A?� scribed course, an arc distance of 126 .29 .feet to the center; , - AJ line of original Big Timber Road; thence North 57 degrees 40S] -,, 1 ' minutes 00 seconds West, along said center line, a distance of j- kg ro 982 .33 feet to the Westerly line of the property formerly z c- owned by Northern Illinois Gas Company per Document Number t 'n 743751; thence North 15 degrees 07 minutes 00 seconds East, along said Westerly line, a distance of 57 .58 feet to the Northwest corner of the Sanitary District of Elgin (now known as the Fox River Water Reclamation District) easement per Document Number 1590210 for the point of beginning; thence up continuing North 15 degrees 07 minutes 00 seconds East, along CrN said Westerly line, a distance of 47 . 11 feet to a line that is '"1r` 45.00 feet, as measured at right angles, Northeasterly of and n parallel with the Northeasterly line of said Sanitary DistrictCD CO of Elgin easement; thence South 57 degrees 40 minutes 00 seconds East, alongsaidparallel line, a distance of 371 . 10 -.; to feet to the Westerly line of Todd Farm Drive per Document oo Number 91K64346; thence South 32 degrees 25 minutes 49 seconds West, along said Westerly line, a distance of 25.06 feet; thence Southwesterly, along said Westerly line, being along a curve to the right having a radius of 35 . 00 feet, tangent to the last described course, an arc distance of 21.23 feet to the said Northeasterly line of the Sanitary District of Elgin easement; thence North 57 degrees 40 minutes 00 seconds West, along said Northeasterly line, a distance of 350.83 feet to j is-D 4>L-A ren c," rS UJ 'I) t J 97TH 6Ni M /71 the point of beginning. Being situated in the City of Elgin, Kane County, Illinois and containing 0.37 acre more or less . As shown in Attachment A. Parcel II: A 30.00 foot wide City of Elgin easement in part of the East half of fractional Section 4, Township 41 North, Range 8 East of the third principal meridian, described as follows: Commencing at the Southeast corner of Lot 349 of Century Oaks West Unit No. 6, being a subdivision of part of fractional Section 4, Township and Range aforesaid, and being on the Northwesterly line of North Lyle Avenue; thence South 32 degrees 20 minutes 00 seconds West, along said Northwester- ly line of North Lyle Avenue, a distance of 552 .00 feet for the point of beginning; thence North 57 degrees 40 minutes 00 seconds West, perpendicular to the last described course, a distance of 70.00 feet; thence South 32 degrees 20 minutes 00 seconds West, parallel with the said Northwesterly line of North Lyle Avenue, a distance of 30.00 feet to the Northeast- erly line of the Sanitary District of Elgin (now known as the Fox River Water Reclamation District) easement per Document No. 1566675; thence South 57 degrees 40 minutes 00 seconds East, along said Northeasterly line, a distance of 70.00 feet to the said Northwesterly line of North Lyle Avenue; thence North 32 degrees 20 minutes 00 seconds East, along said North- westerly line, a distance of 30.00 feet to the point of begin- ning. Being situated in the City of Elgin, Kane County, Illinois and containing 0. 04 acre more or less. (As shown in Attachment B) —.3 This grant of easement is executed, delivered and is On granted upon the following conditions: up 1. The Grantor shall not erect any permanent structure on the CO permanent easement described herein, provided, however the CO 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 water main. 2 . The City agrees to indemnify the Grantor for any damages to the property within the easement or any claims arising directly as a result of the City's work within the ease- up ment premises either during construction of the water main 47- or during maintenance or repair of the water main. CD 3. Grantee agrees that Grantor has incurred expenses amount- ing to $8,000. 00 as a result of the placement of the sanitary sewer outside an agreed upon easement area. The parties hereto further understand and agree that the consideration of $53,068.40 previously referred to in this agreement includes said prior expenses of grantee of $8,000.00 and constitutes full and final payment by grant- ee 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 Big Timber Company By: /A-ABy.. • Geor VanDeVoorde, Mayor Je ry L. Hoover, Co-Partner By: F ed E. Ledebuhr, Co-Partner By: r �E' f I 4,e./2-z-4,gg A. Burnidge, ner By• Ralph Ti""ri, Co-Partner Attest: 7/1./w<2 Dolonna Mecum, City Clerk Cn (JD CD CO CA) C.n L C) r'J 3 STATE OF ILLINOIS ) COUNTY OF KANE ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, DO HEREBY CERTIFY thatRalph Tiberi, Jerry L. Hoover, Fred E. Ledebuhr, Roger A. Burridge , 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 `2J day of 17 mbehr , 1993 . i 4s A, �jl C'TU "clFFIt'[AL SEAL" Nuo. blic MARGARET C. HORTON Notary Public,State of iJiinois My Commission Expires 7/27/97 Prepared By: Raymond Moller Director of City Properties City of Elgin ZD 150 Dexter Court -..1 Elgin, IL 60120 Cn 40 After recording, return to: CO Dolonna Mecum Elgin City Clerk Cn 150 Dexter Court Elgin, IL 60120 • cp r ) {.O I ) .\- \.. 1, c)-1. 6.9 "t31 i 14: . I .\--1 \ may., ' YI I .si , -I 4(,,, -----. 8 i f • 1/4) ...-- -----.. e' ...------"".--- 741""rftivvr4, 4%,. ..vrilik. 0— •ti 4 we. „0,40, ''�'r+�e... i `, I' . ' / ...,,,,7/........., 7 t i . le 1 t � 1 4 1.• i N • Z . 1t jAlt + x i A Iri# 0�Q4 �►h'' Itielfil : . • 4 . to 1 / #1 17 • .Lill / 1 / $ ....1 1 k itit - i A 1 . . .• .. • : b I 1041•010,10000hr✓ j� IMO 11~073119 . ..1 tIP • • � f ' . cIV•• e t . . / • 74 . . 1 0769 0838 P:)(,,,-( ADiy . 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