HomeMy WebLinkAbout95-239 Recorded V
Resolution No. 95-239
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT
FOR A PUBLIC SIDEWALK AT RANDALL ROAD AND SOUTH STREET
(Shell Oil Company)
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 a public sidewalk with
Shell Oil Company, over the property legally described as
follows :
That part of Lot Four in Darlene McDermott ' s
Subdivision, being a Subdivision of part of the
Southwest 1/4 of Section 16, part of the Southeast
1/4 of Section 17 , part of the Northeast 1/4 of
Section 20 and part of the Northwest 1/4 of Section
21, all in Township 41 North, Range 8 East of the
Third Principal Meridian, in the City of Elgin, Kane
County, Illinois, said Plat of Subdivision being
recorded on July 17, 1992 as document #92K51304 in
the Office of the Recorder of Deeds of Kane County,
Illinois, bounded and described as follows :
Beginning at the Southeasterly corner of said Lot
Four; thence North 09°-01 ' -54" East, being an
assumed bearing on the Easterly line of said Lot
Four, a distance of 280 . 60 feet to the Northeasterly
corner of said Lot Four; thence North 80°-58 ' -03"
West on the Northerly line of said Lot Four, a
distance of 5 . 0 feet to the intersection with a line
5 . 0 feet westerly of and parallel with the Easterly
line of said Lot Four; thence South 09°-01 ' -54" West
on a line 5 . 0 feet Westerly of and parallel with the
Easterly line of said Lot Four, a distance of 280 .59
feet to the Southerly line of said Lot Four; thence
South 80°-53 ' -11" East on the Southerly line of said
Lot Four, a distance of 5 . 0 feet to the point of
beginning, all in Kane County, Illinois .
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
r
Presented: November 8, 1995
Adopted: November 8, 1995
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
F to
• •
FILED IN BLUEPRINT BOOK g/ FILED FOR RECORD
KANE COUNTY. ILL.
951077347 95 DEC 19 MIIO: 30
RECO�OER
GRANT OF EASEMENT
FROM
SHELL OIL COMPANY
TO
CITY OF ELGIN
a
v
After recording return to:
Dolonna Mecum
Elgin City Clerk
150 Dexter Court
Elgin, IL 60120
I � ti
5 0773i 7
t t
i r
•
GRANT OF EASEMENT
This Grant of Easement is made this 5- i
day of 1pec.e ,,,../,Q/ , 1995 by and between Shell
Oil Company (Grantor) ; and the City of Elgin,
a municipal corporation (Grantee) .
WHEREAS, Grantor is the owner of certain real estate described
in Exhibit "A" attached hereto, which is hereinafter referred to as
the "Servient Estate" ; and
WHEREAS, Grantee is a municipal corporation operating such
services as are in the public interest; and
WHEREAS, Grantor has agreed to grant certain easements for a
public sidewalk as hereinafter provided for the benefit of the
grantees and the public in the area proposed on Exhibit "B" .
NOW THEREFORE, in consideration of ten dollars ($10) and other
good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follow:
1. Grantor hereby grants to Grantee an easement for the
benefit of Grantee and the public for the following:
a. Ingress and egress over, across and upon the
Servient Estate by means of pedestrian travel by Grantee and
the public;
b. Installing, operating, constructing, or in any other
manner building a public sidewalk or pathway by Grantee;
c. Maintaining, repairing, or otherwise servicing the
property and sidewalk lying within the Servient Estate by
Grantee or by their employees, agents, servants, or licensees.
The maintenance, repair, or other service to the property,
fixtures, and appurtenances lying within the Servient Estate
shall be the sole duty of Grantee;
2 . Grantee hereby agrees to protect, defend, indemnify and
hold Grantor harmless for the following:
a. Any and all claims and demands whatsoever which may
be asserted against Grantor as a result of the installation,
use, construction, or building of a public sidewalk or any
other structure by Grantee or by its employees, agents,
servants, contractors, subcontractors, or licensees;
b. Any and all claims and demands whatsoever which may
be asserted against Grantor as a result of the breach of
Grantee's duty to maintain, repair, or otherwise service the
property, fixtures, and appurtenances lying within the
Servient Estate;
97
3 . Should the property, fixtures, or appurtenances lying
within the Servient Estate continue to exist in a state of
disrepair so as to constitute a hazard to the intended and
permitted users of the Servient Estate, and Grantee, after being
given notice by Grantor, has failed to remedy said condition within
thirty (30) days of said notice, Grantor may repair said condition
and shall be entitled to reimbursement from Grantee for any costs
associated with the repair of the property, fixtures, or
appurtenances. Said reimbursement shall be made within thirty (30)
days of Grantor's submission of invoices for the cost of said
repairs to Grantee;
4 . Exclusive use of the Servient Estate is not hereby
granted and Grantor herebyreserves the right to use the easement
g
premises in any manner it deems appropriate or desirable; provided
such use does not unreasonably interfere with the use of the
easement premises by Grantee or members of the general public.
5. This grant shall be binding upon and inure to the
respective parties' successors, heirs, and assigns.
6. This grant and the rights of the parties hereunder shall
be governed by and interpreted in accordance with the laws of the
State of Illinois.
7 . This easement shall be appurtenant to and deemed a
covenant running with the land.
IN WITNESS WHEREOF the Grantor and Grantees have executed this
Grant on the date first above-written.
CITY OF ELGIN SHELL OIL COMPANY,
By: By:
M.H. Cluck
Its: Mayor Its: District Manager
SHELL OIL PRODUCTS COMPANY
As Agent for
Attested: SHELL OIL COMPANY
914-14/14
City Clerk
9 5 K 0 7 7 3 4 7 _3
STATE OF )
) SS:
COUNTY OF�„Q � )
The within and foregoing instrument was acknowledged before me this
4 day of QT,,,,, s , 19 e1 , by M. H. Cluck,
the District Manager of Shell Oil Products Company, a Delaware corporation,
on behalf of the corporation.
tness m0: . I.I i cial sea
Debra L Olszowka
Notary Public, State of Illinois
DuPage County Notary Public
My Commission Expires 3/17/99
My commission expires:
This document prepared by:
Bartley J. Loethen
Attorney at Law
311 S. Wacker Drive
Chicago, IL 60606-6619 5 K 0 7 7 3 47 V
EXHIBIT A
•
Lot No. 4 of Darlene McDermott's Subdivision, being a Subdivision of
part of the Southwest 1/4 of Section 16, part of the Southeast 1/4
of Section 17, part of the Northeast 1/4 Section 20 and part of the
Northwest 1/4 of Section 21, all in Township 41 North, Range 8 East
of the Third Principal Meridian, in the City of Elgin, Kane County,
Illinois, said Plat of Subdivision being recorded on July 17, 1992
as document I92K51304 in the Office of the Recorder of Deeds of Kane
County, Illinois. •
•
•
•
•
•
•
•
POOR COPY
Recorder Not Responsible
For Reproductions
•
c, 5 0 7 7347
FILED FOR RECORD
IN BLUEPRINT BUU 8 K A N E r C;.`N T Y, i a.
95K077347 95DEC i9 Ail 10: 30
+.4,-?).7. V4:444)
RECORDER