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Home My WebLink About94-88 Recorded Resolution No. 94-88 RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SEWER LINE (Big Timber Road) 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 accept a Grant of Easement on behalf of the City of Elgin with Mark S. Seigle and Harry J. Seigle for the construction and maintenance of a sewer line for the property legally described as follows: PERMANENT EASEMENT A City of Elgin easement in part of the Southwest quarter of fractional Section 3, 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 and Pacific Railroad Company); thence North 89 degrees 46 minutes 09 seconds West, along said Northerly right-of- way line, a distance of 1,042.76 feet to the Southerly extension of an East line of the North-ern Illinois Gas Company property; thence North 00 degrees 40 minutes 17 seconds West, along said Southerly extension and along said East line, a distance of 93.06 feet to the Northwest corner of the Sanitary District of Elgin(now known as Fox River Water Reclamation District) easement per Document No. 1574874 for the point of beginning; thence South 89 degrees 46 minutes 00 seconds East, along the North line of said Sanitary District easement, a distance of 249.55 feet to a line that is 10.00 feet; as measured radially,Northwesterly of and parallel with the center line of a spur track;thence Northeasterly, along said parallel line, being along a curve to the left having a radius of 468.34 feet and a chord bearing of North 46 degrees 30 minutes 54 seconds East, an arc distance of 14.39 feet; thence North 34 degrees 54 minutes 41 seconds West, a distance of 24.53 feet to a line that is 30.00 feet, as measured perpendicular,North of and parallel with the aforesaid North line of Sanitary District easement; thence North 89 degrees 46 minutes 00 seconds West, along said parallel line, a distance of 246.30 feet to the aforesaid East line of the Northern Illinois Gas Company property;thence South 00 degrees 40 minutes 17 seconds East, along said East line, a distance of 30.00 feet to the point of beginning. Being situated in the City of Elgin, Kane County, Illinois and containing 7,612.76 square feet 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: April 13, 1994 Adopted: April 13, 1994 Omnibus Vote: Yeas 7 Nays 0 Recorded: April 14, 1994 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk 'K GRANT OF EASEMENT TH S INDENTURE, made and entered into this 25 day of ��'� , 1994, by and between Mark S. Seigle and Harry J. Seigle hereinafter referred to as "Grantor" , and the CITY OF ELGIN, a municipal corporation, hereinafter re- ferred to as "City", Witnesseth: That in and for the consideration of twelve thousand LD three hundred fifty dollars ($12 , 350 .00) and other good and .°- valuable consideration the sufficiency of which is hereby a0c acknowledged, Grantor does hereby grant and convey to the City CJ a permanent and exclusive easement for the construction and CO maintenance of a sewer line in, upon and over the following C11 described real property in the City of Elgin, County of Kane, State of Illinois, more particularly described as : CO PERMANENT EASEMENT A City of Elgin easement in part of the Southwest quarter of fractional Section 3, Township 41 North, Range 8 East of the third principal meridian, described as follows; commencing at t\ the intersection of the center line of North McLean Boulevard., -.7 K.41 with the Northerly right-of-way line of the Soo Line Railroad '-. ( formerly Chicago, Milwaukee, St. Paul and Pacific Railroad • c CCompany) ; thence North 89 degrees 46 minutes 09 seconds West, • n-1 along said Northerly right-of-way line, a distance of 1,042 . 76 c70 Lri feet to the Southerly extension of an East line of the North ern Illinois Gas Company property; thence North 00 degrees 4U L4 IN4 co minutes 17 seconds West, along said Southerly extension and F=c) along said East line, a distance of 93 . 06 feet to the North-' ' u, r'23 west corner of the Sanitary District of Elgin (now known as� Fox River Water Reclamation District) easement per Document �. No. 1574874 for the point of beginning; thence South 89 de- grees 46 minutes 00 seconds East, along the North line of said Sanitary District easement, a distance of 249 . 55 feet to a line that is 10 .00 feet; as measured radially, Northwesterly of and parallel with the center line of a spur track; thence Po Northeasterly, along said parallel line, being along a curve E o (-Ni to the left having a radius of 468 . 34 feet and a chord bearingCO • o of North 46 degrees 30 minutes 54 seconds East, an arc dis- • 4, a) `° tance of 14 . 39 feet; thence North 34 degrees 54 minutes 41 .�- a seconds West, a distance of 24 . 53 feet to a line that is 30 . 00 roc. xH CD • o . feet, as measured perpendicular, North of and parallel with CO o Q the aforesaid North line of Sanitary District easement; thence 0 C71 North 89 degrees 46 minutes 00 seconds West, along said paral- o w � cn nw lel line, a distance of 246 . 30 feet to the aforesaid East line m of the Northern Illinois Gas Company property; thence South 00 ,6 degrees 40 minutes 17 seconds East, along said East line, a distance of 30. 00 feet to the point of beginning. Being situated in the City of Elgin, Kane County, Illinois and containing 7 ,612 . 76 square feet more or less . As shown in Attachment A. a� This grant of easement is executed, delivered and is granted upon the following conditions: 1 . Grantors shall not erect any permanent strcuture(s) on the permanent easement described herein, provided, howev- er, Grantors, their heirs, executors, successors and assigns, shall have the right to construct and maintain rail improvements, curbs and gutters, roadways, parking lots, monuments, signage, landscaping improvements, exte- rior lighting, and other related improvements, subject to any and all applicable laws and ordinances, upon and across the easement. The City shall replace and/or re- pair any such improvements damaged by the City in the course of repairing or maintaining its sewer line in the easement. 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- ment premises during maintenance or repair of the sewer line. 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 Grantor 'r : 4t-t-A r CO By: BY Georg:1VanDeVoorde, Mayor Harry J. Seig W 47 CD By: Mark S. Seig „ co Cm Attest: Dolonna Mecum, City Clerk i0 CD v.: CD 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 NARAV T.SF1G L-E cutiC MAIPK S SeIGLe , 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 his free and voluntary act, for the uses and purposes therein set forth. Given under my hand and offici 1 seal, this o S day of 0.11-Ci� , 19 c . Notary Public , OFFICIAL SEAL " KATHERINE A BOGAN NOTARY PUBLIC. STA E Cif= ILLINOIS MY COMMISSION EY '; 1/5/96 CD Prepared By: CO Raymond Moller {'`> Director of City Properties City of Elgin Q 150 Dexter Court CO Elgin, IL 60120 tiD After recording, return to: Dolonna Mecum Elgin City Clerk 150 Dexter Court Elgin, IL 60120 w u-i co 3 0834 0898 c u) P s >- ,„. < ,.• • Q 'µ' -• .. , 0z, H �. '�: z •-.e-'. 4) < r • a e3 gy El U LAL E4 • m cr • i - :•-;',-; ki- ----- .- Q It e ti- 2 ° A/Ors: W /�,pcsL Ntrx 2 1,......, 3�� 3 • cire 0,-ELOWA/EAd6MEA/T maw-Is AA/'43gw.�tnrrnsp�O,asMr v p es.ss Sq.Fr. 2 k�'u ` �xs/wACNr Mo. /54544, • kill 'II* /Ro pclL Alo.! cj.✓rE.p z hve r','”q u 2 01, Ot CITairaIfLG/N£43g,1sn/T sAuxe rpwcw/ I t Ti/2.7i SO ir. hi sio- k. 444•4110 34 4~4 44•44,1AAS • A 1 i n /A.Jt'I/"iK QQ o c Rleze,e ,�stv/ .✓ 4I W • e 3-sgsy- . 24—r. —1—''.-c � /Ito —�——-� V V 3' .3115,°,0540W. P. l `...1 nkaPr.✓ [/.✓l oft- q/r row's.? Rnw/a ROI �� NnprML/ML OA. =.rNirw.p✓O/srpKrorOLw44 NeilOW.140 ✓45s»xRi✓tR ' ! Nbrgp.9.fc44AMTI/J�I.OISr?IiCT)L4ssAASIOY 4.Cp.04C, 1.41104S4.415/SWOTS/,3lG T!M/9ER /wSfv?p«i[ mo.�NrNb 9.a .✓Q!ti/J9 W M* 714 � - . . h� Mq prML,pL✓ .ens...*-or i .✓ LIMB ox Soo LIMO .fY/L.fnAO(r/J�41ML P' G✓KAOA, M/W.r##1OO, sr"gal .SMO "IcAr/c.v./L.p044 CA4,$4M✓) SOO LANE 4744/MA/J • i ID ,;UR N GE AND WESTPHAL, INC. 4 0 5 8 x163 NORTH EDISON AVENUE _ 1ELGIN, ILLINOIS 60123 1708) 8138-2610 FILED FOR RECORD KANE COUNTY. ILL 90( 035718 91, APR 2 9 Hi 12: I 5