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Home My WebLink About95-20 Recorded .. Resolution No. 95-20 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT FOR A CULVERT ( Stonegate of Valley Creek Condominiums ) 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 execute and accept a grant of easement for the construction and maintenance of a culvert from Stonegate of Valley Creek Condominium Association over the property legally described as follows : PERMANENT EASEMENT That part of Stonegate of Valley Creek Condominiums , according to the plat recorded as Document No. 92K59663, being part of the West Half of the Northeast Quarter of Section 16 , Township 41 North, Range 8 East of the Third Principal Meridian, City of Elgin, Kane County, Illinois, described as follows : Commencing at the most Southwesterly corner of the Manor Homes of Sandy Creek Condominiums, being condominiums of part of said Northeast Quarter of Section 16 ; thence North 79 degrees 23 minutes 13 seconds West (record bearing) , along the Westerly extension of a Southerly line of said Manor Homes of Sandy Creek Condominiums, 38 . 29 feet to an East line of said Stonegate of Valley Creek Condominiums; thence South 13 degrees 19 minutes 00 seconds East, along said East line, 167 . 09 feet to a line that is 40 . 00 feet Northerly of and parallel with the centerline of Highland Avenue Road and a Point of Beginning; thence Northwesterly, along said parallel line, being along a curve to the right having a radius of 1, 642 . 38 feet and a chord bearing of North 73 degrees 21 minutes 09 seconds West, an arc distance of 48 . 82 feet; thence North 16 degrees 26 minutes 53 seconds East, 40 . 00 feet; thence South 73 degrees 32 minutes 28 seconds East, 25 . 85 feet to a point on the East line of Stonegate of Valley Creek Condominiums ; thence South 13 degrees 19 minutes 00 seconds East along said East line, 46 . 27 feet to the Point of Beginning. 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: February 8, 1995 Adopted: February 8, 1995 Omnibus Vote : Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • GRANT OF EASEMENT THIS INDENTURE, made and entered into this c:QND day of bULarnaoe_, , 1994 , by and between Stonegate of Valley Creek Condominium- Association, a not-for-profit Illinois Corp. , hereinafter referred to as "Grantor", and the CITY OF 7Th ELGIN, a municipal corporation, hereinafter referred to as "City" , Witnesseth: 4a 0 That in and for the, consideration of two thousand -- rn 0 five hundred dollars ($2,500 . 00) and other good and valuable p M consideration the sufficiency of which is hereby acknowl- 0'1 V hl edged, Grantor does hereby grant and convey to the City a iD 3 permanent and exclusive easement for the construction and ZD en A maintenance of a culvert in, upon and over the following described real property in. the City of Elgin, County of Kane, CD CrN 0 M State of Illinois, more particularly described as : Cl'I O h PERMANENT EASEMENT up M t11 Q Q That part of Stonegate of Valley Creek Condomini- CD — ums, according to the plat recorded as Document No. CD a 92K59663, being part of the West Half of the North- M A east Quarter of Section 16 , Township 41 North, GO U Range 8 East of the Third Principal Meridian, City --J of Elgin, Kane County, Illinois, described as fol- 0 l-) lows : ‘b Commencing at the most Southwesterly corner of the Z Manor Homes of Sandy Creek Condominiums, being 1— condominiums of part of said Northeast Quarter of V) Section 16 ; thence North 79 degrees 23 minutes 13 r ke# seconds West (record bearing) , along the Westerly ti, -n .1„ extension of a Southerly line of said Manor Homes , c� of Sandy Creek Condominiums, 38 . 29 feet to an East TV -n line of said Stonegate of Valley Creek Condomini- r(.7. D' < 7 ums; thence South 13 degrees 19 minutes 00 seconds m` -73 =:-_, East, along said East line, 167 . 09 feet to a line P' `• " +t that is 40 . 00 feet Northerly of and parallel with r `; W F=a the centerline of Highland Avenue Road and a Point cl !""G of Beginning; thence Northwesterly, along said t parallel line, being along a curve to the right D having a radius of 1,642 . 38 feet and a chord bear- I ing of North 73 degrees 21 minutes 09 seconds West, an arc distance of 48 . 82 feet; thence North 16 D degrees 26 minutes 53 seconds East, 40 . 00 feet; D thence South 73 degrees 32 minutes 28 seconds East, D 25 . 85 feet to a point on the East line of Stonegate Jof Valley Creek Condominiums; thence South 13 de- grees 19 minutes 00 seconds East along said East line, 46 . 27 feet to the Point of Beginning. (As shown in Attachment A) . ( ) Return to: Dolonna Mecum rP I/ Elgin City Clerk 150 Dexter Court Elgin, IL 60120 This grant of easement is executed, delivered and is granted upon the following conditions : 1 . The Grantor shall not erect any permanent structure on the permanent easement except as provided herein. 2 . The City agrees to indemnify the Grantor for any damages to the property within the easement or any claims aris- ing directly as a result of the City' s work within the easement premises either during construction of the culvert or during maintenance or repair of the culvert . 3 . The City, at its expense, shall clean and maintain the culvert. 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 Stonegate of Valley Creek Condominium Association • B �. /c^� � B �. i� ti GeorgaVanDeVoorde, Mayor Attest: 1�- Dolonna Mecum City Clerk ,' :, • • 11D Cui c CD CiD W -J CD Prepared by Erwin Jentsch Elgin Corporation Counsel 150 Dexter Court Elgin, IL 60120 a� • 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 Cheryl L. Christensen and Becky Sue Zimmerman, being the President and Secretary of Stonegate of Valley Creek Condominium Association, an Illinois Corporation, 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 acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal, this 2nd day of December, 1994 . , ilt./Ct1140 .9(1Cpla".eit- N�btar Public 1 MAUREEN K. KAPPLER 1 NOTARY PUBLIC, STATE OF ILLINOIS 4 My Commission Expires Aug. 16, 1998' ID :Jl CD CO CO —4 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 So1RnaVAPDUIVoorde and , 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 their free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal, this 9th day of February , 199 5 Notar ub " OFFICIAL SEAL " MARY GIFFORT NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 3/6/96 C, Y POOR COPY . Recorder N•etRes tbtff A • for Rep • RIGHT OF WAY ' PLAT • OF HIGHLAND AVENUE AT SANDY . CREEK a pm*fslrct OIa1CRr.co lu foatoeSs Thad Mrt et stoop—mg et valley crest C■Ma■Solos. a000rdlrnqp to the plot tvoaNsj as S.ctawrt Po. 113t3/463, being part at tn. wet Malt of the Portbea. Quarter of tactic* 1t. T.•a.rhip ti North. Neese(i1est et the third trinelpal 1ori Las. City of Clsun. taw. Canty. 1111u.U.. ot as �s�wa • int et Lie stet Seuthusst sly OKaat et the Man A..e M *t Sonar Crest cooAeal.i m..s,� haler 000Lvsinlras •( tart •t said northeast Owrtaf .f Section Jar tines . Mortis`0 hgrsa. Si sLi tau 1) •eoae4 Met (resent begrime), slams Ohs Masterly pstonslcn a4 • souttnrly dime at said Baser Romeo of Sant Crook cundtwlniusa. Uri feet to en toot Summate. Ilea et sale Summate sf Val� .y Crook t4, ia0r 'AIWA Smith 13 { lttim 11 ■tnutaa W saoortts test •Iry said Coat 11P*. 1st.01 teat t••Kim 1s 40.N foot Rarthaf)7.4 lI4 peel s1 With the centerline et d11Llen4 ►veer* ideal see s Paint of IYgl.nlmgl then. Sorcbumatacly. at.af said paseriel lime heist.loot •ewes to the rtt*t Twang a ri44vs at 1.011.1• test end s shM ho•riwq .r efarth 13 d.•r.e. 31 Siestas at .etas. wet. 4* SIC d>staoo. et 411.11 trot tbawcs cards 3d degrees 30 minutes $$ mammas Let. 60.00 teats theaw teeth T3 degrees 13 siestas 31 *.coma tout, Wes toss to a point on the test dine or Stemmata 14 Valley Crah CondostnItmar ti.■mee Ssoth 11 4. v.cs 1/114Ayt4300 seconds DM; •tong salt test rine. 46.11 t■+t to tits Pabst et SsyLieloo. POST $OVUMEST[RLV WNW, or Tme 11I1•o4 moues OF tAMo' item C0n00MnoUW fr r••.j•a . s A. I 4. Akyr titter • STONEGATE Or VALLEY CREEK • CONDOMINIUMS • CCC M0 1I116I147 Rt ORDE0 AWL 04,an • ►A0a01E0 R.OMT•Cc•WAY y RLO LINE r •4;;.. area f•LO' f wl I.Q/sal ••*ef �� •~ ;'. ty l s b .1il Tel— potcariI arrowOATa r rt ti4\ ! .,. .. • .ff. SC' PAt1Ctl 0001 R s 1 gYy. .C: cIt.fia a4• fd4, tra• R 4440 4'1 QVENU f y )U.#f'CL ace% , lr % ST411tGATs 01 MUM Melt COScedieilbli ASSOCEAT1OO / aotDzPa$ . . . . I.11.0 Aces! It Rbahatd L. Rstpton, Profssal.Ral Ititlwte Lana r Ta14) o.sls mut no, o rt� L o r.hy certify that this 111*t of M.y fist vas pesos ends tat DtDCdtTLCM a . 0A00 ACM toy ORS I. true itd correct to the heat of my tlwv1.4it to/ b•li•(. UR 1.0/1 ACAll Olt>ala(Ofts are given IS teat and daetcslA thereof. Solos atl.aysa ledlcet.0. oetad this K.144 .day of IJQuat.e%R.- .160.. sm. �� )p''� MOOED00SH h' /4��` H,VIIC+L LE3c2M�t MS) R£NMC� 300) mill. tf O TVE Ind rum) ■aunt am5t_Yme FILED FOR RECORD KANE COUNTY, ILL. 951( 009370 95FE021 P? 3: 30 RECORDER