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Home My WebLink About94-89 Recorded Resolution No. 94-89 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 Elgin Lumber and Supply Company, Inc., now known as Seigle's Home and Building Centers, Inc., 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 Northern 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; thence South 89 degrees 46 minutes 00 seconds East, along the North line of said Sanitary District easement, a distance of 249.55 feet for the point of beginning; thence continuing South 89 degrees 46 minutes 00 seconds East, along said North line, a distance of 17.40 feet; thence North 34 degrees 54 minutes 41 seconds West, a distance of 12.16 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 Southwesterly, along said parallel line, being along a curve to the right having a radius of 468.34 feet, an arc distance of 14.39 feet to the point of beginning. Being situated in the City of Elgin, Kane County, Illinois and containing 85.95 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 GRANT OF EASEMENT THIS INDENTURE, made and entered into this aS. day of , 1994, by and between Elgin Lumber and Supply Company, Int. , now known as Seigle' s Home and Building Centers, Inc. a corporation of Illinois 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 one hundred »1C forty dollars ($140 . 00) and other good and valuable considera- CD tion the sufficiency of which is hereby acknowledged, Grantor W does hereby grant and convey to the City a permanent and t_n exclusive easement for the construction and maintenance of a oc) sewer line in, upon and over the following described real property in the City of Elgin, County of Kane, State of nois, more particularly described as: cn PERMANENT EASEMENT 3 A City of Elgin easement in part of the Southwest quarter ofti\ fractional Section 3, Township 41 North, Range 8 East of th?: x-et third principal meridian, described as follows; commencing at . the intersection of the center line of North McLean Boulevards rmeta, UP with the Northerly right-of-way line of the Soo Line Railroad" s»,.) '?--n ( formerly Chicago, Milwaukee, St. Paul and Pacific Railroad , °=' Company) ; thence North 89 degrees 46 minutes 09 seconds West-I- =, CD along said Northerly right-of-way line, a distance of 1,042 . 76ti" 7(2 U-, feet to the Southerly extension of an East line of the North-: ':? c) ern Illinois Gas Company property; thence North 00 degrees 40�- ° F=ro minutes 17 seconds West, along said Southerly extension and' . --.r along said East line, a distance of 93 . 06 feet to the North- west corner of the Sanitary District of Elgin (now known as Fox River Water Reclamation District) easement per Document No. 1574874; thence South 89 degrees 46 minutes 00 seconds East, along the North line of said Sanitary District easement, a distance of 249 . 55 feet for the point of beginning; thence continuing South 89 degrees 46 minutes 00 seconds East, along W o said North line, a distance of 17 . 40 feet; thence North 34 u u degrees 54 minutes 41 seconds West, a distance of 12 . 16 feet CO to a line that is 10. 00 feet, as measured radially, Northwest- CEJ X o erly of and parallel with the center line of a spur track; 4-1 alk H thence Southwesterly, along said parallel line, being along a CD • 0curve to the right having a radius of 468 . 34 feet, an arc CO o -4.1 -r1 distance of 14 . 39 feet to the point of beginning. Being VD tnoCSI o Ln situated in the City of Elgin, Kane County, Illinois and — Q w w containing 85. 95 square feet more or less. As shown in . 1LQQjj� Attachment A. +' This grant of easement is executed, delivered and is granted upon the following conditions : +' 1. Grantors shall not erect any permanent structureks ) on a the permanent easement described herein, provided, howev- er, Grantors, their heirs, executors, successors and assigns, shall have the right to construct and maintain � LI) / rail improvements, curbs and gutters, roadways, parking If (b 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 either 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 . Elgin Lumber and Supply Company Inc. , Now Known As Seigle's Home and Building City of Elgin Centers, Inc. By: 40 ✓4-4L By. Geo ./ VanDeVoorde, Mayor Harry J. Seigle, President Attest: DAPI 2_ ;2u-1,- CD CO Dolonna Mecum, City Clerk a G� CD CO Up N uD 7K CD W Cil rJ 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 -AKRy 1. SEIbLE , 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 ypder my hand and official seal, this day of f-40)1- , 19 11. Notary Public , r-.., " OFFICIAL SEAL " KATHERINE A BOGAN VOTARY PUBLIC. STATE OF ILLINOIS MY COMMISSION EXP: 1/5/96 CO GO Prepared By: -� Raymond Moller CD Director of City Properties CO City of Elgin t.1) 150 Dexter Court W Elgin, IL 60120 After recording, return to: Dolonna Mecum ,r- Elgin City Clerk 150 Dexter Court CD Elgin, IL 60120 CO 3 3834 8894 CO. , . j El �� C.) `' 0. <o • 03 LL H ID_ 1 c7 KC • LA- C; CIO cc • _ _ _. 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'163 NORTH EDISON AVENUE FILED FOR RECORD SANE OOHNTY, ILL. 94K035717 ‘1!A tiPP, 29 PM 12: 15 -!k