HomeMy WebLinkAbout94-244 Recorded Resolution No. 94-244
RESOLUTION •
AUTHORIZING AND ACCEPTING AN AMENDMENT TO GRANT OF EASEMENT
(NBD Bank as Trustee under Trust Number 5008)
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 an extension amending a grant of easement
between NBD Bank, Successor Trustee to Trust Company of
Illinois, as Trustee Under Trust Number 5008 entered into on
June 2 , 1993 for sanitary sewer purposes .
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to cause the amendment to grant of
easement to be recorded in the office of the Recorder of Deeds
of Kane County, Illinois .
s/ Robert Gilliam
Robert Gilliam, Mayor Pro Tem
Presented: August 24 , 1994
Adopted: August 24 , 1994
Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
'FILED FOR RECORD
KANE COUNTY. ILL.
914K078 9 78 !, OCT 21 Phi 1: Or
AMENDMENT TO GRANT OF EASEMENT "-2` " `1)
FCORNR
This Amendment is entered into the 26th day of
August, 1994, to a Grant of Easement entered into on June 2, 1993
(hereinafter referred to as the "Grant of Easement" ) by and
between NBD BANK as Trustee under Trust Number 5008 dated
December 1, 1989 (hereinafter referred to as "Grantor" ) , and the
CITY OF ELGIN (hereinafter referred to as "City" ) ,
WITNESSET H:
1 . A copy of the Grant of Easement is attached hereto
for reference.
2 . The Construction Easement referred to in the
attached Grant of Easement expired on July 3, 1994 and the City
desires an extension for the Construction Easement to December
10
31, 1994 .
7
3 . Grantor and the City agree that the Construction
M Easement referred to in the Grant of Easement is extended to O
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d December 31, 1994 . W
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4 . In consideration of the Grant of Easement, the City 00
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recognizes that the employees of P & K PRODUCTS, CO. , or any -....1
.;. successor thereto by merger, consolidation or otherwise, and the
4
CI owners and any successors thereto to the ownership of the real
co estate of which the Easement described in the Grant of Easement
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"4 is a part shall have the right to park their motor vehicles along
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Fox Lane so long as such parking does not interfere or obstruct
any means of ingress or egress to Fox Lane nor otherwise be
This instrument prepared by: 1 After recording return to:
Theodore N. Schnell, Jr. Dolonna Mecum
Attorney at Law Elgin City Clerk
1250 Larkin Avenue 150 Dexter Court
(; Elgin, IL 60123 Elgin, IL 6020 y
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illegal under City ordinances concerning the parking near the
location of fire hydrants . This right for parking on the right
of way for Fox Lane as described in the preceding sentence shall
be preserved to the parties described in the preceding sentence
notwithstanding the City may, at some future time, have an
ordinance prohibiting parking on Fox Lane.
5 . This right to park in the right of way on Fox Lane
as hereinbefore described shall extend only for any periods
during which construction by the City (or any successor thereto
to an interest in the easement on the property described in the
Grant of Easement) interferes with the parking on the real estate
described in the Grant of Easement.
IN WITNESS WHEREOF, the signatures by representatives
of the City hereby warrant and represent that they are fully
authorized and empowered by the City Council of the City or by
City ordinance or otherwise to execute the Grant of Easement
making the commitment of the City regarding the parking on Fox '=_)
Lane as described in Paragraph 4 and 5 of this Amendment. _="?
NBD BANK, Successor Trustee to
NBD TRUST COMPANY OF ILLINOIS,
as Trustee under Trust Number
5008, dated December�/!;1, 1989 CITY OF ELGIN
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By:
C� 47CA L4611""11
; ,Its TRUST G"-rEc, .Z Its• y' d ie
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cc Aest: = Attest:
By: 14-"A"1"k
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•..... _. s • arU ST G 5 ICE., Its c ; T i I!t
1 j343
This insfrufibnt is executed by NBD BANK,not Individually but solely
as Trustee,as aforesaid.PII the covenants and conditions to be per. 2
formed hereunder by NBD BANK are undertaken by it solely as Trustee, 6
es aforesaid and not individually,and no personal or individual liability
shell be asserted or enforceable against NBD BANK by reason of any of
the.covenants,statements,representations.indemnifications or wart.
"atlas expressed or implied herein contained in this Instrument.
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State of Illinois )
ss .
County of Rene CpO1 )
I, the undersigned, a Notary Public, in and for said
County, in the State aforesaid, DO HEREBY CERTIFY that
t +r'6 W. iii• Dusrl1P4v' r /Trust
Officer of NBD Bank, an Illinois Banking Corporation, and
IAt,ve tfc' /1/, 6rus04 /Trust
Officer/ thereof, personally known to me to be
the same persons whose names are subscribed to the foregoing
instrument as such /Trust Officer and
/Trust Officer/ gt�& ,
respectively, appeared before me this day in person and
acknowledged that they signed and delivered the same instrument
as their own free and voluntary act, and as the free and
voluntary act of said Corporation, for the uses and purposes
therein set forth; and the said ta- /Trust
OfOfficer/As4W‘Aremetacy did also then and there acknowledge
that he/she as custodian of the corporate seal of said
Corporation did affix the said corporate seal of said Corporation
to said instrument as his/her own free and voluntary act, and as
the free and voluntary act of said Corporation, for the uses and
purposes therein set forth.
Given under my hand and official seal, this / 3 Tk
day of Scofe ter , 1994 . /� 0,(-;- ;
��l�l-Glt� C-L' •
Notary Public
SEAL CD
State of Illinois ) LW:MILL
ARIA C. ARIAS QD
s s . ary Psriitic, State of illiaots CO
County of Kane ) ota-trabssto;l Expires 12-21. (:',)
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I, the undersigned, a Notary Public, in and for said CO
County, in the State aforesaid, DO HEREBY CERTIFY that CO
George VanDeVoorde and Q3
Dolonna Mecum ,
personally known to me to be the same persons whose names are
subscribed to the foregoing instrument as such
Mayor and City Clerk ,
respectively, appeared before me this day in person and
LO acknowledged that they signed and delivered the same instrument
as their own free and voluntary act, and as the free and
CD voluntary act of the City of Elgin, for the uses and purposes
".1 therein set forth.
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w Given under my hand and official seal, this 26th
day of August , 1994 .
Notary Public -
3
IOFFICIAL SEAL Y�
NANCY ROLL
NOTARY PUBLIC, STATE OF ILLINOIS
My Commli�Ion ExplreeAwl. .^ p7
FiLED CORD
K".t CC:,;,s
9304 175 I N.1 10 PH 3: IRECOROER
GRANT OF EASEMENT
THIS INDENTURE is made and entered into this 2nd
NBD BANK, SUCCESSOR TRUSTEE TO
day of June , 1993, by and between / NBD
TRUST COMPANY OF ILLINOIS, AS TRUSTEE UNDER TRUST NUMBER 5008,
DATED DECEMBER 1, 1989 , 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 Sixty-Seven
Thousand Dollars ( $67 , 000) , receipt of which is hereby O
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acknowledged, Grantor does hereby grant and convey to City a p
al
permanent easement for the construction and maintenance of a 0
sanitary sewer in, upon and over the following described real N
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property in the City of Elgin, County of Kane, State of
s
Illinois, more particularly described as :
C�� The West 40 . 00 feet, as measured at right
angles, of the said Northeast quarter of Section 32
lying southerly of the southwesterly right of way
line, as monumented, of the Illinois State Toll
Highway. Being situated in the City of Elgin, Kane
County, Illinois and containing 0 . 55 acre more or
less .
41- Further, Grantor does hereby grant and convey to d '
City a temporary construction easement to be used by the 0
Lr, Grantee to facilitate the initial construction of the sanitary CD
' �-c , sewer line on the permanent easement hereinabove described,
Imo' in, upon and over the following described real property in the
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City of Elgin, County of Kane, State of Illinois, more
particularly described as :
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The East 60 . 00 feet, as measured at right
angles, of the West 100 . 00 feet, as measured at
right angles , of the said Northeast quarter of
Section 32 lying southerly of the southwesterly
right of way line, as monumented, of the Illinois
State Toll Highway. Being situated in the City of
Elgin, Kane County, Illinois and containing 0 . 79
acre more or less .
This grant of easement is executed, delivered and is
granted upon the following conditions :
1 . The City hereby releases, holds harmless and
indemnifies Grantor, and Grantor' s assigns and successors,
from any and all claims, suits, causes of action or demands
against Grantor by reason or on account of the construction of
said improvements in said easement.
2 . The City shall restore all grounds, sidewalks,
pavement, ground coverings and other surface improvements to
their condition prior to any excavation hereunder, whether in
the initial installation or any subsequent construction, Op
excavation, maintenance or replacement work on the permanent
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easement herein granted or to a condition conforming to the
terms of the Elgin Municipal Code, if the requirements of said
code are amended prior to or during excavation, maintenance or
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replacement work.
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3 . The City recognizes that the construction
easement and permanent easement are presently improved with a
parking lot drive area and other improvements . It is the
intention of the Grantor and the City that the City will be
obligated to restore the grounds , sidewalks, pavement, ground
Page 2 of 4 5
{.. -rS(.; - -
rr
fr .,,
. - -' coverings and other surface improvements to conform to the
City Codes in effect at any time such improvements are damaged
by the City' s construction, excavation, maintenance or
replacement work on the easements herein granted.
4 . Grantor, its successors and assigns, shall not
erect any permanent structure over said easement other than
surface coverings and pavements .
5 . The terms and conditions of this permanent and
temporary easement shall be binding upon the Grantors and
City, and upon their heirs, executors, successors and assigns .
Said temporary construction easement shall expire on
July 3 , 1994b
This instrument Is executed.y;._2_B;,;;K,not i^divider❑
es Trustee.as aforesaid,All the covenant NBD BANK, SUCCESSOR TRUSTEE TO formed hereunder by NBD BANK areur,dertakenbyitsolelyasTrustee,r
s and conditions to be pen
NBD Trust Company of Illinois , shall bee asserts not lndividuaily,end no personal or individual liability
e tad or enforceable eCeinst NBD BANK by reason oT any
as Trustee under Trust Number the°ovenants,statements,representationsJndemnificationsorw of
'rifles expressed or implied herein contained in this Instrument.
5008, dated December 1, 1989
rT .'.'� / �. ` - ' EXONERATION
A} 2. v.0 , „�.,�.-�.t .. , , -t'u PROVISION R
Its Assistant Vice:President fABI�11Y OF NBD ESTRICTING
HERETO IS HEREBY BANK ATTACHED
Attest:
PART HEREOF. EXPRESSLY MADE A
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' By .,4kz,..�-r� AJ� z`-c-�
•'Assist y Trust Officer 473
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m STATE OF ILLINOIS ) cD
-..I ) ss
COUNTY OF K A N E ) N
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I , the undersigned, a Notary Public, in and for said
County, in the State aforesaid, DO HEREBY CERTIFY that
Kathleen Lamonica Krochock , Assistant Vice President/, C
QC&'tut o f NBD Tia Sl x A c x>Libitiifk1%)c and
BANK, an Illinois Banking Corporation,
Page 3 of 4
•
•
Shirley K. Bowers
" , Assistant V>4 x't 'PLfWWi'rdcgtiVYTrust
Of ficer/AsatiftbeattxxEkermedsavy thereof, personally known to me to
be the same persons whose names are subscribed to the
foregoing instrument as such Assistant Vice President tuft
'EM 313Utni and Assistant 4x 5xx tc /Trust Of ficer/V18c5IVMtitx
9saaxatacxy, 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 Corporation, for the uses and
purposes therein set forth; and the said Assistant A.Mmmx
BotatstixienitiTrust Of ficenexacts]bedxatxtxxib000tataxxyc did also then and
there acknowledge that ke/she as custodian of the corporate
seal of said Corporation did affix the said corporate seal of
said Corporation to said instrument as 1 /her own free and
voluntary act, and as the free and voluntary act of said
Corporation, for the uses and purposes therein set forth.
Given under my hand and official seal, this 4th
day of June , 1993 .
NotY/12,
u is
uFFICIAL SEAL.
JOYCE M. ARTMAN
N HOfinRY PUBLIC, STATE OF ILLINOIS
4catte4rtoilitrittlort Expires 6119/1995
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OD
Page 4 of 4
•
This instrument is executed by NBD Bank, Successor Trustee to NBD Trust Company of Illinois,
4::•; not individuallybut as Trustee. All the covenants and conditions to be
performed hereunder
fib' by NBD Bank, are undertaken by it as Trustee and not individually,
�•:•
and no personal or
' individual liability shall be asserted or enforceable against NBD Bank, by reason of any of
'r• the covenants, statements, representations, indemnifications or warranties expressed or
implied herein contained in this instrument.
It is also expressly understood and agreed by every person, firm or corporation claiming any
interest under this document that NBD Bank, shall have no liability, contingent or otherwise,
arising out of, or in any way related to, (i) the presence, disposal, release or threatened
release of any hazardous materials on, over, under, from or affecting the property, soil,
water, vegetation, building, personal property, persons or animals thereof;(ii) any personal
injury (including wrongful death) or property damage (real or personal) arising out of or
related to such hazardous materials; (iii) any lawsuit brought or threatened, settlement
reached or government order relating to such hazardous materials, and/or (iv) any violation
of laws, orders, regulations, requirements or demands of government authorities, or any
policies or requirements of the Trustee which are based upon or in any way related to such
hazardous materials including, without limitation, attorneys' and consultants' fees,
investigation and laboratory fees, court costs, and litigation expenses.
In the event of any conflict between the provisions of this exculpatory rider and the
provisions of the document to which it is attached, the provisions of this rider shall
govern.
S/03
•
Crl
FILED FOR RECORD
KANE COUNT Y, ILL,
94078978 '13L. CCT 2 ! PM 1: Cg
G" RECORDER