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HomeMy WebLinkAbout94-296 Recorded Resolution No. 94-296 RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF A WATER MAIN (Safety-Kleen Corp. ) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, be and is hereby authorized and directed to accept a Grant of Easement on behalf of the City of Elgin from Safety-Kleen Corp. for the construction and maintenance of a water main for the property legally described in the Grant of Easement, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 26, 1994 Adopted: October 26 , 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • 9516'718 4 GRANT OF EASEMENT. -P T-J i REC.aRO I H;� • T46666 TRAN 8186 03/13/95 12:3000 . 47043 ' KB *--9 r-- 167 1a4 COOK COUNTY RECORDER 1. Safety-Kleen Corp. , a Wisconsin corporation, (the "Grantor") , being the owner of record of the fee simple title to the real estate described on Exhibit A, attached hereto and expressly made part of this Grant of Easement by this reference ("the Real Estate") , in consideration of the sum of $10. 00 and other good and valuable considerations the sufficiency of which is hereby acknowledged, does hereby grant to the City of Elgin, a municipal corporation of Cook and Kane Counties, Illinois, (the "City") its successors, assigns and licensees: (a) A temporary easement fifty (50) feet in width (the "Temporary Easement") , over, upon, across, through and under the north fifty (50) feet of the east three hundred thirty (330) feet and the north one hundred thirty (130) feet of the east fifty (50) feet measured at right angles to the north and east lines of the Real Estate ("the Temporary Easement Parcel") for the construction and installation of the improvements described hereinbelow. The Temporary Easement shall expire on January 1, 1995, or earlier upon completion of the water service main hereinafter described. _3 (b) A permanent easement appurtenant twenty (20) feet in width (the "Permanent Easement") upon, across, through and under the north twenty (20) feet of the east three hundred (300) feet and the north one hundred (100) feet of the east twenty (20) feet measured at right angles to the north and east lines of the CD Crt real estate ("the Permanent Easement Parcel") . The Temporary and Permanent Easements are depicted on -+ Exhibits B-1 and B-2 attached hereto and expressly made a part of op this Grant of Easement by this reference. 4 2 . The Temporary and Permanent Easements are for the sole purpose of the construction, installation, operation, repair, maintenance, renewal and replacement of a water service main with valve vaults, fire hydrants, and appurtenant structures, equipment and facilities on the Real Estate. The Grantor and City acknowledge that the Village of Bartlett will construct said water main. 3 . The Grantor reserves the right to any surface or subsurface use of the Temporary and Permanent Easement Parcels that does not unreasonably or materially interfere with the permitted use of the Temporary and Permanent Easement Parcels by the City. VILLAGE OF BARTLETt +J IM1L 228 S. MAIN STREET 1 11567re9 4i3;4RTI,EIT, IL 60103-4495 �I� 4 . The City, by accepting this Easement Grant, agrees to be responsible for the maintenance of such water service main and to restore the Real Estate and Grantor's property to the condition in which they existed prior to such construction, repair, maintenance or replacement work, and agrees that the City will defend, indemnify and hold the Grantor harmless from any and all liability arising out of claims for bodily injuries, death or property damage arising out of the acts and omissions of the City and its contractors in connection with the construction, maintenance, repair and replacement of the water service main. 5. The City will not impose any recapture fees on the Real Estate in order to recover costs incurred for this water main improvement. 6. The City agrees that the pipeline utilized for the water main shall be installed at a minimum depth of seven feet from the properly graded surface, measured to the top of said pipeline. 7. In the event this Easement Grant interferes with the operation of Safety-Kleen's business or the development and use of the Real Estate, Safety-Kleen, at its sole expense, reserves the right to relocate the Temporary and Permanent Easement Parcels subject to the consent of the City, which consent shall not be unreasonably withheld. 8 . Nothing herein contained shall be deemed to be a dedication of any portion or proposed use of the Temporary and Permanent Easement Parcels to the general public or for any public purposes whatsoever, it being the intention of the parties that this Grant of Easement shall be strictly limited to and for the purposes herein expressed. 9 . Safety-Kleen shall not be liable to the City or its contractors for any injury, loss or damage occurring on or about the Temporary and Permanent Easement Parcels relating to their exercise of rights granted by this Easement. Except as otherwise provided herein, it is expressly understood and agreed that Grantor makes no representation, warranty or guaranty of any kind, nature or description whatsoever with respect to the Temporary and Permanent Easement Parcels or any structure or material located in, on or at the Temporary and Permanent Easement Parcels. a4 a� V on Aa 0367re9 2 • f } / J 10. The terms, conditions and provisions hereof shall run with the Real Estate and extend to and be binding upon the heirs, executors, administrators, successors, assigns, tenants and personal representatives of the parties hereto and this Agreement may not be assigned by either party without the other party's prior written consent. CITY OF .ELGIN SAFETY-RLEEN ORP. y'By:: �(/ B : G��✓ fJZ P siden !� By: NA W‘WitaviSil r� o Secretary Dated: 10. 6A, o., I/ 9� Dated: 9t1 6 / 7 y Subscribed 4..nd sworn to before Subscribed and sworn to before me s ��i /day of me this (o day of �(� ‘ , 199 , 199 j/ 19"--P0-4---kvs4 /044.4 X'4e2-6ifio-- Notary Notary OFFICIAL SEAL r 4 OFFICIAL SEAL DOLONNA MECUM I ' DORCAS S. KROLOPP NOTARY PUBLIC, STATE OF ILLINOIS I NOTARY PUBLIC, STATE OF ILLINOIS I 4 My Commission Expires Mar. 19, 1997) 4 My Commission Expires April 15, 1997) This document was prepared by Brent L. Amato c/o Safety-Rleen Corp., 1000 North Randall Road, Elgin, IL 60123-7857 irh C11 CIS ►P 0367re9 3 •S'{ 1!i/tl parfpar+ i► Gecr,on 20, cLunsnip 41 uort-h, Range 9 East the Third 'Principal Meridian,descri bed as?ollow5 Commencing at a po,nr in me center line U 5 Route 20 where rate East line the West '/2 cTthe Southwest 1/4 0 said Section 20 crosses said center line , thence Southeasterly along said center line,52 4 ' et to the Easterly line 'a tract o} land conveyed to R.,blic Service Company Northern Illinois rim,. Commonweairn Edison Company : oy Document U° 9542306 _ tnence )hrrner.1 axing said Easters line, 114 22 T-eet- to an angle in said Easter-:.) line ,nence tJortneasrer;y a,3n9 said Easterly line,76 e� 'lee; to the .lortheriy line a tract o land dedicated' r highway purposes by Doc ument tJ° 17993033 ) thence Southeasterly along said Northerly lIr 41.56 et to a line 40 3 Tee+ Easterly (measured at r lit an les thereto),and parallel with The Easterly line lands conveyed b bocument kJ9 9542306 or the place a beg inning, Thence tforth 0Z. 44' 50' East, along said parallel l,ne,1726.82get to the 6outhherly line Lot C in Section 20 , according to the pla{ sled with the Commissioners Re port in Parts ion in Case U4 19700 in the Circuit Court o Cook County, Illinois , thence South 84.42'-0 ' East,alon9 said Southerly line and aloe said Southerly line extended, 1563 43 et to the Westerl ngh of way line o the Elgin , Joliet and Eastern Railway > thence South 07' iY6' 36" West,along said Westerly right•off-way line, 2084 95 et to a point in the Northerly line o lands dedicated for highway purposes b Document 85031807 , thence orth 76'13-34- West, said Uortherly line, 200.3i eet to a point in the Northerly line d lan s dedicateT U- or highway purposes by Chcument Us 11209688', It,ence Uorth77'-07'-4-8" West along said Northerly line, 323.12 'ee-4-; Thence North 02' 4-4'- 20- East, 30 48 5).et to a point in The 11or4harl line lands dedicated 'or- hig`jw hay urposes by Document U° 23932825; thence North 77'07' 48- West, along said Uor therly line , 139.12 }�e ; thence North -19'• 15.-48' West,along said Northerly line, 99 ql et ; thence I`lor-th 76.- 15•s 48" West-, along said Northerly line , 87'73 wet; thence North 00' 25 -25' East, 178 26 et , +hence Nort-h 84' 5I'-54" West, 64 90 thence Sooth 05'• 20'•06" West-, 75 14'et to a point in said Northerly line a lands dedicated hi3hway g .sori9oses by Document 17993033) thence Uor+h 71'- 47' 13" West, along said Northerly line, 508.90 Feet to the place beginnin9,in the Ci-}i , Cook County , Illinois. 0 4, 34)-c.—014 -1 " LAT OF ASEM NT 9516718• © I I MIDLAND IND STRIAL PARK PER DOC 22922298 REC. DE 2, 1974 • SHERW•OD OAKS U T NO. 5 • ! ROBIN HOOD LN.I_---__I 0 o1 •• I . Naiii L I 20 FT. PERPETUAL EASEMENT ----- 1 ; w 30 FT. TEMPORARY EASEMEN j o U f� Co -. / - a SAFETY-KLEEN CORP. T aI i OAKRIDGE OM ERCIAL PARK/ PE' DOC. 8559121 2I lb j RE•. NOV j 28, 1988 / �tjn / j / / 1 w �� w'o' . j I / r o j / _ - / 1 I I / I I 1 I II Fr7 EXHIBIT B- y �!/ /OI-V7 J 1 . ! N. • . . ..• • if !! i 1 i , 95167184 I J i i I 1 I . I / I I i I 1 ; 1 -NEW 161 D.I. WATERMAIN I / :, / i VRT OF PROJECT --- : i• ..A. 0+4.5 --- - - ----=•-77"-J1Riitl—g---_----------.. L_ ji . i , 12" DJ. WAT4RMilN ..,- , 1 ! --- _____ --- .....-__t_1-7/• 12" VALVE i i : 1 • , i po,,,Jrn OF ElfreAra.Ar;6 : I T- H 16- VALVE & 5' VAULT I ' /, 7 r 80 LF. 30- SIEEL 1 - / CASING PIPE g 1 .1 0 I(' ii 11 'ROSSING DATA , ,aro- u-v i i I • CARRIER PIPE CASING PIPE - I. I 1 WATER ill 1 CARRIER PIPE -j i r t 17.40" 43.35 i i i if DUCTILE IRON WELDED STEEL 1 i/ • ii , 0.43" 0.625" MIN. • / i I 45 , 4 ' r 1 GASKET,SLIP JOINT WELDED I I I,f ,. TAR COAT NONE • r-16 v4LVE & 5' JACK/HAND EXC. i 1 . • BOTH ENDS ca• r! l, ,k, - ---,r .":77-.-:4 -(t• I a ' , ze, ,I! I, \ • . N/A 14 ,' 5.5 MEN. _. \ • 4j; . --- -4 _. \; 3UPPOR1S SEE DETAIL SH ",!,J!EEr 7 / '51 . / : ,' • ••,.. ._______./;1.:(