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Home My WebLink About94-90 Recorded Resolution No. 94-90 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 Jay L. Cope for the construction and maintenance of a sewer line for the property legally described as follows: PERMANENT EASEMENT A 40.00 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 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 1,319.66 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 described course, an arc distance of 126.29 feet to the center line of original Big Timber Road; thence North 57 degrees, 40 minutes, 00 seconds West, along said center line, a distance of 431.39 feet to the West line of the property conveyed to Kane County, Illinois per Document No. 91K66848;thence North 00 degrees, 40 minutes, 17 seconds West, along said West line, a distance of 65.58 feet to the Northeasterly line of the Sanitary District of Elgin(now known as the Fox River Water Reclamation District) easement per Document No. 1590210 for the point of beginning;thence North 57 degrees, 40 minutes, 00 seconds West, along said Northeasterly line, a distance of 108.87 feet to the Easterly line of Todd Farm Drive per Document No. 91K64346; thence Northerly, along said Easterly line of Todd Farm Drive, being along a curve to the right having a radius of 35.00 feet and a chord bearing of North 14 degrees, 57 minutes, 25 seconds East, an arc distance of 21.35 feet; thence North 32 degrees, 25 minutes, 50 seconds East, along said Easterly line of Todd Farm Drive, tangent to the last described curve, a distance of 19.94 feet to a line that is 40.00 feet, as measured at right angles,Northeasterly of and parallel with the said Northeasterly line of the Sanitary District of Elgin easement; thence South 57 degrees, 40 minutes, 00 seconds East, along said parallel line, a distance of 89.14 feet to the said West line of property conveyed to Kane County, Illinois per Document No. 91K66848; thence South 00 degrees, 40 minutes, 17 seconds East, along aforesaid West line, a distance of 47.70 feet to the point of beginning. Being situated in the City of Elgin, Kane County, Illinois and containing 0.09 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: 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 FILED FOR RECORD KANE C . HT Y. ILL. 941( 035716 fPR 21 FM !2: 15 dfi tIF GRANT OF EASEMENT THIS INDENTURE, made and entered into this 16TH day of MARCH, 1994, by and between JAY L. COPE, 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 six thousand three hundred fifty dollars ( $6, 350 . 00 ) 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 construction and maintenance of a sewer line in, upon and over the following described real property in the City of Elgin, County of Kane, State of Illinois, more particularly described as : PERMANENT EASEMENT A 40 . 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 center line of North McLean Boulevard with the Northerly right of way line of the Soo Line Railroad CO (formerly Chicago, Milwaukee, St. Paul and Pacific Rail- W road Company) ; thence North 89 degrees, 46 minutes, 09 7 seconds West, along said Northerly right of way line, a CD distance of 1, 319 . 66 feet; thence Westerly, along said CO Northerly right of way line, being along a curve to the right having a radius of 5, 679 . 58 feet, tangent to the CM CM last described course, an arc distance of 126 .29 feet to the center line of original Big Timber Road; thence North 57 degrees, 40 minutes, 00 seconds West, along said center line, a distance of 431 . 39 feet to the West line of the uD property conveyed to Kane County, Illinois per Document ,�- No. 91K66848; thence North 00 degrees, 40 minutes, 17 seconds West, along said West line, a distance of 65 .58 CD feet to the Northeasterly line of the Sanitary District co of Elgin (now known as the Fox River Water Reclamation U1 District) easement per Document No. 1590210 for the point of beginning; thence North 57 degrees, 40 minutes, 00 seconds West, along said Northeasterly line, a rn distance of 108 . 87 feet to the Easterly line of Todd Farm Drive per Document No. 91K64346; thence Northerly, along said Easterly line of Todd Farm Drive, being along a curve to the right having a radius of 35 . 00 feet and Return to: Dolonna Mecum Elgin City Clerk 150 Dexter Court 0, >/ Elgin, IL 60120 /6!, c() a chord bearing of North 14 degrees, 57 minutes, 25 seconds East, an arc distance of 21 . 35 feet; thence North 32 degrees, 25 minutes, 50 seconds East, along said Easterly line of Todd Farm Drive, tangent to the last described curve, a distance of 19 . 94 feet to a line that is 40 . 00 feet, as measured at right angles, Northeasterly of and parallel with the said Northeasterly line of the Sanitary District of Elgin easement; thence South 57 degrees, 40 minutes, 00 seconds East, along said parallel line, a distance of 89 . 14 feet to the said West line of property conveyed to Kane County, Illinois per Document No. 91K66848; thence South 00 degrees, 40 minutes, 17 seconds East, along aforesaid West line, a distance of 47 . 70 feet to the point of beginning. Being situated in the City of Elgin, Kane County, Illinois and containing 0. 09 acre more or less . As shown in Attachment A. This grant of easement is executed, delivered and is granted upon the following conditions : 1 . The Grantor shall not erect any permanent structure on CO the permanent easement described herein, provided, W however, the Grantor has the right to construct xr improvements across the easement, (the improvements as shown on the Plat of Proposed Improvements for `_ CO Windsor' s Commerce Center dated July 27, 1993 1993) and place landscaping upon said easement. The CO City shall replace or repair any such improvement or "� landscaping damaged by the City repairing or maintain- ing the sewer line. In addition, the City agrees that a permanent identification sign may be placed upon the easement and that grantor shall be responsible for same, but, the City will exercise caution not to damage said sign. LAD 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 G work within the easement 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 7/ By: 41, ce) By:, � :� .l' -,— GeorgelaanDeVoorde, Mayor 43-ay/t. ope Attest: ..4' -&-h--- Dolonna Mecum, City Clerk CD CO C+J Co co co Lia CD - �J 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 .TAy L. CcpE , personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he 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 official seal, this 16th day of March, 1994 . (1,7a"4_, ?;,77.AII*27— Notary Public Prepared By: •"sAX,el"" 41...011b,AA." Raymond Moller OFFICIAL SEA Director of City Properties KAREN M. SKON City of Elgin NOTARY PUBLIC, STATE 150 Dexter Court 44VV4*We Elgin, IL 60120 CD CO After recording, return to: Dolonna Mecum GJ xr Elgin City Clerk 150 Dexter Court CD Elgin, IL 60120 CO Co CA L( C3 ts.? • • I vr2AC N2 A tm -4e ht AZ t lc Q' trc . f 4 � ! Cty ik 4 � Cv, E pitY ,te h '''-'1-->•. - 3v �v3z I •41.• ,� • ln��r e a C',44:7"0. 33S v t+ C e. \\\\"4;;CC:)..(j):11Cr) -.77. 34� e 'h �%1 C , lG. r ra�� 4:Ceota. 4" -F,.. '''.-Ai.' . c3 -24r 4":"-:::::-.4:41"4- .0,4:342. •P' 'C :s2 �9"' -0rs ".... is: MAC° tkii ilOw- ?ASV" 04 :rej itt lae91G6 10 • '"P40.00 00.. . hor ****"....."----,../ c.r h- Ac FILED FOR RECORD KANE COUNTY. ILL. 94K035716 R 29 PM 12: 1 5 ,I^ 4t) ' •