HomeMy WebLinkAbout95-104 Recorded I f.
Resolution No. 95-104
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT
FOR TEMPORARY AND PERMANENT SEWER EASEMENT WITH
BSS, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City
Clerk, be and are hereby authorized and directed to execute
and accept a grant of easement for temporary and permanent
sewer easement for the property legally described as follows:
Permanent Sanitary Sewer Easement
That part of Lot CLXXIV ( 174) of the County Clerk's
Subdivision of the City of Elgin described as
follows: Commencing at the point of intersection of
the north line of the Southwest Quarter of Section
11, Township 41 North, Range 8 East of the Third
Principal Meridian (Being also the north line of
said Lot) and the center line of Dundee Road (as
originally located) ; thence southerly along said
center line 90.42 feet ( 1. 37 chains) to the south
line of parcel three described in Document 1894917;
thence easterly parallel with the north line of said
Southwest Quarter, being along the south line of
said parcel three to a line drawn concentric with
and 33 .0 feet westerly of the westerly line
(measured radially thereto) of the right of way of
the Regional Transportation Authority (formerly
Chicago, Milwaukee, St. Paul and Pacific Railway) ;
thence northerly along said concentric line, being a
curve to the right having a radius of 3819 .66 feet,
12 .63 feet to a point of tangency; thence northerly
along a line drawn parallel with and 33.0 feet
westerly of said westerly line (measured at right
angles thereto) 5. 33 feet to the northeast corner of
the southerly 20 . 0 feet of said Lot 174 (measured at
right angles to the south line thereof); thence
westerly along the north line of said southerly 20.0
feet forming an angle of 83�17 ' 11" with the last
described course (measured clockwise therefrom)
132 .44 feet for a point of beginning; thence
westerly along a line forming an angle of
177c'20 ' 13" with the last described course
(measured counter-clockwise therefrom) 215.23 feet
to a point that is 30. 0 feet northerly of the south
line of said Lot 174 (measured at right angles
thereto) ; thence northwesterly along a line forming
an angle of 193c13 ' 24" with the last described
course (measured counter-clockwise therefrom) 71. 97
feet to a point on the easterly line of a tract of
land conveyed to the City of Elgin by Document
i
749761 that is 30. 0 feet northerly of the point of
intersection of the north line of said southerly
20 .0 feet with said easterly line; thence southerly
along the easterly line of said tract conveyed to
the City of Elgin 30.0 feet to the northerly line of
said southerly 20. 0 feet; thence easterly along the
north line of said southerly 20 .0 feet forming an
angle of 98'05 '42" with said easterly line
(measured clockwise. therefrom) 280 .0 feet to the
point of beginning, in the City of Elgin, Kane
County, Illinois and containing 0. 055 acre.
Temporary Construction Easement
That part of Lot CLXXIV ( 174) of the County Clerk's
Subdivision of the City of Elgin described as
follows : Commencing at the point of intersection of
the north line of the Southwest Quarter of Section
11, Township 41 North, Range 8 East of the Third
Principal Meridian (being also the north line of
said Lot) and the center line of Dundee Road (as
originally located) ; thence southerly along said
center line 90.42 feet ( 1 .37 chains) to the south
line of parcel three described in Document 1894917;
thence easterly parallel with the north line of said
Southwest Quarter, being along the south line of
said parcel three to a line drawn concentric with
and 33 .0 feet westerly of the westerly line
(measured radially thereto) of the right of way of
the Regional Transportation Authority ( formerly
Chicago, Milwaukee, St. Paul and Pacific Railway) ;
thence northerly along said concentric line, being a
curve to the right having a radius of 3819 . 66 feet,
12. 63 feet to a point of tangency; thence northerly
along a line drawn parallel with and 33 .0 feet
westerly of said westerly line (measured at right
angles thereto) 5 .33 feet to the northeast corner of
the southerly 20.0 feet of said Lot 174 (measured at
right angles to the south line thereof) for a point
of beginning; thence westerly along the north line
of said southerly 20. 0 feet forming an angle of
83'17 ' 11" with the last described course (measured
clockwise therefrom) 132 .44 feet; thence westerly
along a line forming an angle of 177'20 ' 13" with
the last described course (measured counter-clockwise
therefrom) 215.23 feet to a point that is 30 .0 feet
northerly of the south line of said Lot 174
(measured at right angles thereto) ; thence
northwesterly along a line forming an angle of
193'13 ' 24" with the last described course
(measured counter-clockwise therefrom) 71.97 feet to
a point on the easterly line of a tract of land
conveyed to the City of Elgin by Document 749761
that is 30. 0 feet northerly of the point of
4 .
intersection of the north line of said southerly
20 . 0 feet with said easterly line; thence easterly
419 . 61 feet to a point on a line drawn parallel with
the westerly line of said right of way from the
- point of beginning that is 25 .0 feet northerly of
the point of beginning; thence southerly along said
parallel with 25 .0 feet to the point of beginning,
in the City of Elgin, Kane County, Illinois and
containing 0.206 acre.
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/ Kevin Kelly
Kevin Kelly, Mayor
Presented: May 24, 1995
Adopted: May 24 , 1995
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
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After recording return to:
Dolonna Mecum
Elgin City Clerk
150 Dexter Court .
Elgin, IL 6012010,P
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GRANT OF EASEMENT
THIS INDENTURE, made and entered into this 3 /dr day of
, 1995, by and between BSS, Inc. , an Illinois
Corp. , ereinafter 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 Five Thousand Two
Hundred and Seventy-Five Dollars ($5,275) 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 sanitary sewer in, upon and over and
under the following described real property in the City of
Elgin, County of Kane, State of Illinois, more particularly
described as :
Permanent Sanitary Sewer Easement
That part of Lot CLXXIV ( 174) of the County Clerk' s Subdivi-
sion of the City of Elgin described as follows : Commencing
at the point of intersection of the north line of the South-
west Quarter of Section 11, Township 41 North, Range 8 East
of the Third Principal Meridian (Being also the north line of
said Lot) and the center line of Dundee Road (as originally
located) ; thence southerly along said center line 90 .42 feet
( 1 . 37 chains) to the south line of parcel three described in
Document 1894917 ; thence easterly parallel with the north
line of said Southwest Quarter, being along the south line of
said parcel three to a line drawn concentric with and 33.0
feet westerly of the westerly line (measured radially there-
to) of the right of way of the Regional Transportation Author-
ity ( formerly Chicago, Milwaukee, St. Paul and Pacific Rail-
way) ; thence northerly along said concentric line, being a
curve to the right having a radius of 3819 . 66 feet, 12 . 63
feet to a point of tangency; thence northerly along a line
drawn parallel with and 33 . 0 feet westerly of said westerly
line (measured at right angles thereto) 5. 33 feet to the
D northeast corner of the southerly 20. 0 feet of said Lot 174
cn
DC (measured at right angles to the south line thereof) ; thence
CD westerly along the north line of said southerly 20 . 0 feet
N forming an angle of 83-17 ' 11" with the last described
tp course (measured clockwise therefrom) 132 . 44 feet for a point
tp of beginning; thence westerly along a line forming an angle
of 177-20 ' 13" with the last described course (measured
counter-clockwise therefrom) 215. 23 feet to a point that is
30. 0 feet northerly of the south line of said Lot 174 (mea-
sured at right angles thereto) ; thence northwesterly along a
line forming an angle of 193-13 ' 24" with the last described
course (measured counter-clockwise therefrom) 71. 97 feet to a
point on the easterly line of a tract of land conveyed to the
City of Elgin by Document 749761 that is 30. 0 feet northerly
of the point of intersection of the north line of said south-
erly 20. 0 feet with said easterly line; thence southerly
along the easterly line of said tract conveyed to the City of
Elgin 30 . 0 feet to the northerly line of said southerly 20. 0
feet; thence easterly along the north line of said southerly
20 . 0 feet forming an angle of 98�05 ' 42" with said easterly
line (measured clockwise therefrom) 280. 0 feet to the point
of beginning, in the City of Elgin, Kane County, Illinois and
containing 0 . 055 acre.
Temporary Construction Easement
Grantor does hereby grant and convey to the City a temporary
construction easement for the construction and installation
of a sanitary sewer in, under, over and upon the following de-
scribed real property in the City of Elgin, County of Kane,
State of Illinois, which temporary construction easement
shall expire December 31, 1995, and more particularly de-
scribed as :
That part of Lot CLXXIV ( 174) of the County Clerk' s Subdivi-
sion of the City of Elgin described as follows : Commencing at
the point of intersection of the north line of the Southwest
Quarter of Section 11, Township 41 North, Range 8 East of the
Third Principal Meridian (being also the north line of said
Lot) and the center line of Dundee Road (as originally locat-
ed) ; thence southerly along said center line 90 .42 feet ( 1 . 37
chains) to the south line of parcel three described in Docu-
ment 1894917 ; thence easterly parallel with the north line of
said Southwest Quarter, being along the south line of said
parcel three to a line drawn concentric with and 33 . 0 feet
westerly of the westerly line (measured radially thereto) of
the right of way of the Regional Transportation Authority
( formerly Chicago, Milwaukee, St. Paul and Pacific Railway) ;
thence northerly along said concentric line, being a curve to
the right having a radius of 3819 . 66 feet, 12 . 63 feet to a
point of tangency; thence northerly along a line drawn paral-
lel with and 33 . 0 feet westerly of said westerly line (mea-
sured at right angles thereto) 5 . 33 feet to the northeast
corner of the southerly 20 . 0 feet of said Lot 174 (measured
at right angles to the south line thereof) for a point of
beginning; thence westerly along the north line of said south-
erly 20 . 0 feet forming an angle of 83` 17 ' 11" with the last
uD described course (measured clockwise therefrom) 132 . 44 feet;
thence westerly along a line forming an angle of 177`320 ' 13"
C3 with the last described course (measured counter-clockwise
tV therefrom) 215. 23 feet to a point that is 30. 0 feet northerly
OD of the south line of said Lot 174 (measured at right angles
u0 thereto) ; thence northwesterly along a line forming an angle
of 193c13 ' 24" with the last described course (measured
.�' counter-clockwise therefrom) 71. 97 feet to a point on the
easterly line of a tract of land conveyed to the City of
Elgin by Document 749761 that is 30. 0 feet northerly of the
point of intersection of the north line of said southerly
20 . 0 feet with said easterly line; thence easterly 419 . 61
feet to a point on a line drawn parallel with the westerly
line of said right of way from the point of beginning that is
2 3
25 . 0 feet northerly of the point of beginning; thence souther-
ly along said parallel with 25. 0 feet to the point of begin-
ning, in the City of Elgin, Kane County, Illinois and contain-
ing 0. 206 acre.
The Grantor is the owner of real estate described on Exhibit
"A" attached hereto and such real estate shall hereinafter be
referred to as "Grantor' s Property" . Grantor has been in-
formed that Grantor' s Property was once the location of a
City dump and there could be hazardous materials under the
surface of Grantor' s Property. Consequently, the Grantor is
unwilling to grant the easements herein contained without
having certain assurances from the City regarding hazardous
materials that may be located on Grantor' s Property.
The grant of the easements herein contained, is therefore
executed, delivered and is granted upon the following condi-
tions:
1 . The Grantor shall not erect any permanent structure on
the Permanent Sanitary Sewer Easement nor the Temporary
Construction Easement. In the event that there are
permanent structures including access ways for ingress
and egress to Grantor' s Property, blacktopped or other
surfaced drives and entrance ways or any other structure
whatsoever on the Permanent Sanitary Sewer Easement or
the Temporary Construction Easement, Grantor shall be
permitted to maintain or replace such structures, and
the City shall repair, restore and reconstruct any of
such structures that may be damaged or destroyed by the
City in the installation, repair or replacement of any
sewer line or other City work that may be performed on
the Permanent Sanitary Sewer Easement or the Temporary
Construction Easement. The indemnification hereinafter
set forth in Paragraph 2 hereof shall be applicable to
this Paragraph.
2 . The City agrees to indemnify the Grantor for any damages
to the Grantor' s Property in, over, under and upon the
Permanent Sanitary Sewer Easement or the Temporary Con-
00 struction Easement or against any claims arising direct-
ly as a result of the City' s work within the easement
Q premises either during construction of the sanitary
PO sewer or during maintenance or repair of the sanitary
00 sewer.
4- 3 . The City agrees to pay for the cost of removal and dis-
. '- posal of any white goods ( for example, refrigerators,
ranges and others appliances) and other non-hazardous
junk and debris at the site of the easements described
herein (also commonly known as SA-MH1) , including all
trucking and hauling costs; permit fees; dumping charg-
es; and all costs necessary to comply with Federal,
State and local regulations regarding hauling and dispos-
3
ing of non-hazardous materials . City shall not be re-
quired to remove any barrels located on the aforemen-
tioned site, however.
4 . The term "Hazardous Materials" shall mean any substance,
material, waste, gas or particulate matter which is
regulated by any local governmental authority, the State
of Illinois, or the United States government, including
but not limited to, any material or substance which is
(i) defined as a "hazardous waste, " "hazardous materi-
al, " "hazardous substance, " "extremely hazardous waste, "
or "restricted hazardous waste" under any provision of
Illinois law; (ii) petroleum; (iii) asbestos; (iv) poly-
chlorinated biphenyl; (v) radioactive material; (vi)
designated as a hazardous substance pursuant to Section
311 of the Clean Water Act, 33 U.S.C. Sec. 1251 et seq.
( 33 U. S.C. Sec. 1317) ; (vii) defined as a "hazardous
waste" pursuant to Section 1004 of the Resource Conserva-
tion and Recovery Act, 42 U.S.C. Sec. 6901 et seq. (421
U.S.C. Sec. 6903) , or (viii) defined as a "hazardous
substance" pursuant to Section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act,
42 U.S.C. Sec. 9601 et seq. (42 U.S.C. Sec. 9601) . The
City shall hold harmless and indemnify Grantor for and
against any costs incurred by Grantor to pay for the
cost of any required disposal or clean-up of any Hazard-
ous Materials which are discovered below the surface of
the site of the Permanent Sanitary Sewer Easement or the
Temporary Construction Easement described herein (also
commonly known as SA-MH1) by City during construction of
the aforementioned sanitary sewer or any repair or main-
tenance that the City performs on the Permanent Sanitary
Sewer Easement property at any time after the date of
this Grant of Easement. The City' s indemnification and
responsibilities under this Paragraph shall extend to
the disposal or clean-up of any Hazardous Materials
which may otherwise be required of the Grantor. The
Grantor has no knowledge of the Grantor' s Property con-
taining any Hazardous Materials; however, in the event
UD that the City' s installation of the sewer or subsequent
maintenance discloses Hazardous Materials on the Perma-
nent Sanitary Sewer Easement or Temporary Construction
CD Easement, the City' s responsibility for indemnification,
disposal or clean-up of Hazardous Materials shall also
UD
uD extend beyond the property described in the Permanent
tD
Sanitary Sewer Easement and Temporary Construction Ease-
,� ment, and shall extend to all of Grantor' s Property
regarding whatever clean-up or Hazardous Material remov-
al may be required by any Federal, State or local laws
or regulations, it being understood by the Grantor and
the City that any violations of such laws, rules and
regulations would become known only because of the
City' s construction and maintenance on the Permanent
4
Sanitary Sewer Easement or Temporary Construction Ease-
ment.
5 . In order to resolve a boundary dispute with the owner of
property to the south of Grantor' s Property, the Gran-
tor, for consideration, may be transferring the south 20
feet of Grantor' s Property to the Owner of the Property
lying immediately south and adjacent to Grantor' s Proper-
ty. For all purposes of this Grant of Easement, the
City' s indemnification shall apply to the south 20 feet
of Grantor' s Property even though such property may have
been conveyed by Grantor prior to the effective date of
this Grant of Easement.
The terms and conditions of this Permanent Sanitary Sewer
Easement and Temporary Construction Easement shall be binding
upon the Grantors and the City, and upon their heirs, execu-
tors, successors and assigns .
City of Elgin BSS, Inc .
BY: BY:
Mayor BSS, Inc.
Attest: i694,4„,42_ Attest:
Dolonna Mecuth
City Clerk
QD
tin
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QD This document prepared by:
Erwin Jentsch
,�- Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120
5
STATE OF ILLINOIS )
SS
COUNTYOFKANE )
I, the undersigned, a Notary Public, in and for said County,
in the State aforesaid, DO HEREBY CERTIFY that Gerald
R. Seagren & John S . Shales , being President and Secretary of BSS,
Inc. , an Illinois Corporation, personally known to me to be
the same persons whose names are subscribed to and the forego-
ing instrument, appeared before me this day in person, and
acknowledged that they signed, sealed and delivered the said
instrument as their free and voluntary act, for the uses and
purposes therein set forth.
n7f
GiveRA nder my hand an official seal, this ! / day of
1 11G _cq , 1995 .
Ki r r,� _� / . � vim.„.,; .-
Notary Public
" OFFICIAL SEAL "
DARLENE M. BARRER
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 6/8/96
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STATE OF ILLINOIS
SS
COUNTY OF KANE
I, the undersigned, a Notary Public, in and for said County,
in the State aforesaid, DO HEREBY CERTIFY that Kevin Kelly
and Dolonna Mecum, personally known to me to be the same
persons whose names are subscribed to the foregoing instru-
ment, appeared before me this day in person, and acknowledged
that they signed, sealed and delivered the said instrument as
their free and voluntary act, for the uses and purposes there-
in set forth.
Given under my hand an official seal, this 3/ Q± day of
May, 1995 .
Notary Pub .is
OFFICIAL SEAL "
MARY GIFFORT
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 3/6/96
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LEGAL DESCRIPTION:
PARCEL ONE: LOTS 7, 8, 9, 10, 11 AND 12 IN BLOCK XVII OF
SADLER' S ADDITION TO ELGIN AND THE NORTHERLY 1/2 OF VACATED
LEE PLACE LYING SOUTHERLY OF AND ADJOINING SAID BLOCK XVII,
IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS.
PARCEL TWO: BLOCK XX (EXCEPT THAT PART CONVEYED TO THE CITY
OF ELGIN BY DEED DATED JUNE 19, 1953 AND RECORDED MAY 4, 1954
IN BOOK 1676, PAGE 539 AS DOCUMENT 749761) OF SADLER'S ADDI-
TION TO ELGIN, AND THE SOUTHERLY 1/2 OF VACATED LEE PLACE
LYING NORTHERLY OF AND ADJOINING THE FOREGOING TRACT; IN THE
CITY OF ELGIN, KANE COUNTY, ILLINOIS.
PARCEL THREE: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 11,
TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDI-
AN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSEC-
TION OF THE NORTH LINE OF SAID SOUTHWEST 1/4 WITH THE CENTER
LINE OF THE DUNDEE ROAD AS ORIGINALLY LOCATED; THENCE SOUTH
16 DEGREES EAST ALONG SAID ORIGINAL CENTER LINE, 90 . 42 FEET;
THENCE SOUTH 88 DEGREES, 15 MINUTES, 0 SECONDS EAST PARALLEL
WITH THE NORTH LINE OF SAID SOUTHWEST 1/4 TO A LINE DRAWN
PARALLEL WITH AND 33 FEET WESTERLY OF, MEASURED AT RIGHT
ANGLES THERETO, THE WESTERLY LINE OF THE RIGHT OF WAY OF THE
CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY
(FORMERLY THE CHICAGO AND PACIFIC RAILROAD COMPANY) ; THENCE
NORTHEASTERLY ALONG SAID PARALLEL LINE TO THE NORTH LINE OF
SAID QUARTER SECTION; THENCE NORTH 88 DEGREES, 15 MINUTES, 0
SECONDS WEST ALONG SAID NORTH LINE TO THE POINT OF BEGINNING;
(EXCEPT THAT PART LYING WESTERLY OF THE EASTERLY LINE OF A
TRACT OF LAND CONVEYED TO THE CITY OF ELGIN BY DEED DATED
JUNE 19, 1953 AND RECORDED MAY 4 , 1954 IN BOOK 1676, PAGE
539, AS DOCUMENT 749761) ; IN THE CITY OF ELGIN, KANE COUNTY,
ILLINOIS.
PARCEL FOUR: THAT PART OF ETHELWYN STREET LYING SOUTH OF THE
NORTH LINE EXTENDED EAST OF LOT 12 IN BLOCK 17 OF SADLER' S
U0 ADDITION TO ELGIN AND NORTH OF THE SOUTH LINE EXTENDED EAST
C7i OF BLOCK 20 IN SAID SADLER' S ADDITION TO ELGIN, IN THE CITY
7C OF ELGIN, KANE COUNTY, ILLINOIS.
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EXHIBIT "A"
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