HomeMy WebLinkAbout95-101 Recorded Resolution No. 95-101
RESOLUTION
ACCEPTING A DECLARATION OF EASEMENT FOR ACCESS
(Capital Street)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that it hereby accepts a Declaration of Easement for
access for the property legally described as follows :
Part of the Southeast Quarter of Section 31,
Township 42 North, Range 8 East of the Third
Principal Meridian, described as follows :
Commencing at the Northeast corner of the said
Southeast Quarter of Section 31; thence North 88
Degrees 47 Minutes 45 Seconds West, along the North
line of said Southeast Quarter, a distance of 558. 23
feet to an existing iron stake, thence South 02
Degrees 06 Minutes 07 Seconds West, a distance of
935 . 30 feet to a North line of Document No. 1261098,
as monumented; thence North 88 Degrees 30 Minutes 53
Seconds West, along said monumented line, a distance
of 8 . 18 feet to an existing iron stake; thence South
02 Degrees 03 Minutes 59 Seconds West, along a West
line on Document No. 1261098, as monumented and the
Southerly extension thereof, a distance of 536 . 11
feet for the point of beginning; thence North 88
Degrees 51 Minutes 39 Seconds East, along a line
hereinafter referred to as Line "A" , a distance of
577 .24 feet to a point on the East line of the
Southeast Quarter of said Section 31 that is 1447 . 65
feet, as measured along said East line, South of the
aforesaid Northeast corner of the Southeast Quarter;
thence South 01 Degree 41 Minutes 39 Seconds West
along said East line, a distance of 20 . 02 feet, to
a line that is 20 . 00 feet, as measured at right
angles, Southerly of and parallel with aforesaid
Line "A" ; thence South 88 Degrees 51 Minutes 39
Seconds West, along said parallel line, a distance
of 577 . 37 feet to the aforesaid Southerly extension
of the West line of Document No. 1261098; thence
North 02 Degrees 03 Minutes 59 Seconds East, along
said Southerly extension, a distance of 20 . 03 feet
to the point of beginning. Being situated in Dundee
Township, Kane County, Illinois .
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to cause the Declaration of Easement
to be recorded in the office of the Recorder of Deeds of Kane
County, Illinois .
s/ Kevin Kelly
Kevin Kelly, Mayor
1
Presented: May 10, 1995
Adopted: May 10, 1995
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
FILED FL RECORD
95K43479 I SSJUU 2 7 F_; 14: 00
RECO[ DEI
DECLARATION OF EASEMENT
FROM
C & L FARMS, INC.
TO
CITY OF ELGIN
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After recording return to:
Dolonna Mecum
Elgin City Clerk
150 Dexter Court
Elgin, IL 60120 (6, 00 /
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DECLARATION OF EASEMENT
THIS DECLARATION OF EASEMENT, executed this 1-04' day of
February, 1995, by C & L FARMS, INC. , an Illinois corporation
( "Grantor" ) ,
WITNESSET H:
WHEREAS, Grantor is the owner and holder of the legal
and equitable title of the following described parcel of real
estate in Kane County, Illinois ( "Grantor's Tract" ) :
Part of the Southeast Quarter of Section 31,
Township 42 North, Range 8 East of the Third
Principal Meridian, described as follows:
commencing at the Northeast corner of the
said Southeast Quarter of Section 31; thence
North 88 Degrees 47 Minutes 45 Seconds West,
along the North line of said Southeast
Quarter, a distance of 558. 23 feet to an
existing iron stake, thence South 02 Degrees
06 Minutes 07 Seconds West, a distance of
935 . 30 feet to a North line of Document No.
1261098, as monumented; thence North 88
Degrees 30 Minutes 53 seconds West, along
said monumented line, a distance of 8 . 18 feet
to an existing iron stake; thence South 02
Degrees 03 Minutes 59 Seconds West, along a
UD
cJi West line on Document No. 1261098, as
__ monumented and the Southerly extension
CD thereof, a distance of 536. 11 feet for the
point of beginning; thence North 88 Degrees
51 Minutes 39 Seconds East, along a line
-.J hereinafter referred to as line "A" , a
OD distance of 577 .24 feet to a point on the
___.. East line of the Southeast Quarter of said
Section 31 that is 1447 .65 feet, as measured
along said East line, South of the aforesaid
Northeast corner of the Southeast Quarter;
thence South 01 Degree 41 Minutes 39 Seconds
West along said East line, a distance of
20. 02 feet, to a line that is 20. 00 feet, as
measured at right angles, Southerly of and
parallel with aforesaid Line "A" ; thence
South 88 Degrees 51 Minutes 39 Seconds West,
along said parallel line, a distance of
1
577 . 37 feet to the aforesaid Southerly
extension of the West line of Document No.
1261098; thence North 02 Degrees 03 Minutes
59 Seconds East, along said Southerly
extension, a distance of 20.03 feet to the
point of beginning. Being situated in Dundee
Township, Kane County, Illinois.
WHEREAS, Grantor desires to grant to The City of Elgin,
an Illinois municipal corporation ( "Grantee" ) , a non-exclusive
easement for ingress and egress across Grantor's Tract to and
from a section of Capital Street heretofore dedicated to the
City.
NOW, THEREFORE, for and in consideration of the
premises and of other good and valuable consideration, receipt of
which is hereby acknowledged by Grantor, Grantor hereby agrees
and declares as follows:
1. A non-exclusive easement is hereby granted and
declared for the benefit of Grantee across the Grantor's Tract
for ingress and egress to and from the section of Capital Street
dedicated to Grantee pursuant to a certain Plat of Dedication for
Public Street recorded ,juNE , 7 , 1995, as Document No.
YSlCo37y 2 •
2 . Grantee acknowledges and agrees that the existence
of the easement granted herein shall in no way impair the use of
cD Grantor's Tract for the planting or harvesting of crops and
CJi
Grantee shall use its best efforts in exercising its rights
0
(JO granted hereunder to avoid damaging any crops growing on or near
•�,i the Grantor's Tract.
CD
2
•
3 . The easement hereby declared across the Grantor's
Tract shall be perpetual, shall run with the land, and shall be
specifically binding upon and inure to the benefit of all of the
owners, mortgagees, occupants, heirs, legal representatives,
devisees, grantees, successors, and assigns from time to time of
any part or all of Grantor's Tract and Grantee from time to time;
provided, however, that the easement granted herein shall be
deemed to have automatically terminated upon the dedication of
a public right-of-way, whether or not partially or totally
located within the Grantor's Tract, which shall provide access
from Randall Road to the section of Capital Street referred to in
Paragraph 1 hereof.
IN WITNESS WHEREOF, Grantor has executed this
Declaration of Easement on the day and year first above written.
ATTEST: C & L FARMS, INC.
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By: /;24 a211),6442,
Secretary / Std4
(Seal)
ACKNOWLEDGEMENT
STATE OF ILLINOIS
SS
COUNTY OF KANE
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G!7 I, the undersigned, a Notary Public in and for and
residing in Kane County, in the said State aforesaid, do hereby
O certify that ROGER A BURNIDGE, President of C & L FARMS, INC. ,
W and WILLIAM F. BURNIDGE, Secretary thereof, personally known to
me to be the same persons whose names are subscribed to the
foregoing instrument as such President and Secretary,
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
3
there acknowledge that he as custodian of the corporate seal of
said Corporation did affix the said corporate seal of said
Corporation to said instrument as his 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 Notarial 1 this ZZ--I day of
teLvrt,e4v1 , 199 . '
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�I►�I►4►4\���. ..4\I► j;
OFFICIAL SEAL
4 RICHARD L. HEIMBER L - 41.1_�
NOTARY PUBLIC, STATE OF ILLINOIS rty,
Notar Public
My Commission Expires July 1, 1998 ,
Irrwwwwww.r.-irly.p.-
THIS INSTRUMENT PREPARED BY:
Richard L. Heimberg
Brady, McQueen, Martin, Collins & Jensen
2425 Royal Boulevard
Elgin, Illinois 60123
(708) 695-2000
c&ldoe.doe 2/22/95
CA
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FILED FIR RECORD
KAHU tH. Y. ILL.
951034791 95 JUN 27 PM 1 : 00
RECOAER-
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