HomeMy WebLinkAbout95-91 Resolution No. 95-91
RESOLUTION
AUTHORIZING EXECUTION OF A RELEASE OF EASEMENT
( 75 South Grove Avenue, a/k/a 75 South Riverside Drive)
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 a
Release of Easement for the property legally described as
follows :
The Westerly 34 .48 feet of the Southerly 13
Feet of Lot 11 in Block 21 of the Original Town of
Elgin, on the East Side of the Fox River, in the
City of Elgin, Kane County, Illinois
a copy of which is attached hereto and made a part hereof by
reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: May 10, 1995
Adopted: May 11, 1995
Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
RELEASE OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the City of
Elgin, a municipal corporation, by Kevin Kelly, its Mayor, for
and in consideration of the sum of ten dollars and for other
good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged by the City of Elgin, does
hereby release and quit claim to Rollie L. Bray, all the
right, title and interest which the City may have in a portion
of a Public Walkway Easement, namely, a Grant of Public
Walkway Easement between Jerome M. Roth and Harold T. Seigle,
as grantors, and the City of Elgin, as grantee, dated August
14, 1974, and recorded September 24, 1974 as Document 1309716,
which portion being released hereby is described as follows:
The Westerly 34.48 feet of the Southerly 13
Feet of Lot 11 in Block 21 of the Original Town of
Elgin, on the East Side of the Fox River, in the
City of Elgin, Kane County, Illinois.
IN WITNESS WHEREOF, the CITY OF ELGIN has executed
this instrument by its Mayor, this 11th day of May
1995.
CITY OF ELGIN, a municipal
corporation
Byu.s-� /`4
Mayor
Attest:
,›OLC-4.~-
City Clerk
L•
STATE OF ILLINOIS )
ss
COUNTYOFKANE )
ACKNOWLEDGEMENT
I, Suellyn Losch , a Notary Public in and for
and residing in Kane County, in the said State aforesaid,
do hereby certify that Kevin Kelly, Mayor of the City of
Elgin, and Dolonna Mecum, City Clerk of the City of Elgin,
personally known to me to be the same persons whose names are
subscribed to the foregoing instrument as such Mayor and City
Clerk, 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 City of Elgin, for the uses and
purposes therein set forth, and the said City Clerk did also
then and there acknowledge that she, as custodian of the
corporate seal of said City did affix the said corporate seal
of said City to said instrument as her own free and voluntary
act and as the free and voluntary act of said City for the
uses and purposes therein set forth.
Given under my hand and Notarial seal this h day
of May , 1995.
N " ary Public
,Yw
OFFICIAL SEAL
SUELLYN LOSCH
NOTARY PUBLIC,STATE OF ILLINOIS
MY COMMISSION EXP RES:1O/27/98
•
rak ��� Agenda Item No: 3 (
P ate
April 25, 1995
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Release of Easement - 75 South Grove Avenue
(a/k/a 75 South Riverside Drive)
PURPOSE
To obtain council approval to execute a release of an ease-
ment which the City holds over a section of the rear of the
premises at 75 South Grove Avenue (a/k/a 75 South Riverside
Drive) .
BACKGROUND
- ;A, grant of public walkway easement was granted to Jerome M.
- . Roth and Harold T. Seigle in August of 1974. The current
olkier of the property, Rollie Bray, desires to remove a plant-
. er 'on the easement to install an elevator. The City no long-
er -requires said easement.
.._-COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
None.
LEGAL IMPACT
None.
r
RECOMMENDATION •
It is recommended that the council authorize execution of the
release of easement.
Respectfully submitted,
E n W.• Jentsch
Co ation Counsel
. 47142.1
Richard B. Helwig
City Manager
EWJ/MRG/mg
•r
•
r
•
DONALD J. WEAVER. P.C.
ATTORNEY AT LAW
76 MARKET STREET
SUITE 1
ELGIN. ILLINOIS 00123-6041
(700) 888-8276
March 28, 1995
•
Mr. Michael Gehrman
Asst. Corp. Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120 •
RE: City easement on property of Rollie L. Bray
Dear Mr. Gehrman:
I represent Mr. Bray who desires that the City either release its easement or
authorize the removal of a planter erected by the City on its easement at the
rear of the premises commonly known as 75 S. Grove St., Elgin, IL (sometimes
known as 75 S. Riverside). I enclose a copy of title policy showing the exis-
tence of the easement under recorded doc. no. 1309716 and a copy of a plat of
survey for Lot 11 which shows its location. Tr.: - •.-i11 obstruct the
entrance to an elevator Bray intends to in,' corner. of his building.
Please.determine which course of action is prccrable to the City and advise me.
Mr.-Bray is willing to remove the planter if it will expedite action.
Thank you fot your cooperation.
Sincerely� yours,
(
DOnald J. Weaver .
DJWRsc
Encl
r
•
RELEASE OF EASEMENT -
KNOW ALL MEN BY THESE PRESENTS, that the City of
Elgin, a municipal corporation, by Kevin Kelly, its Mayor, for
and in consideration of the sum of ten dollars and for other
good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged by the City of Elgin, does
hereby release and quit claim to Rollie L. Bray, all the
right, title and interest which the City may have in a portion
of a Public Walkway Easement, namely, a Grant of Public
Walkway Easement between Jerome M. Roth and Harold T. Seigle,
as grantors, and the City of Elgin, as grantee, dated August
14, 1974, and recorded September 24, 1974 as Document 1309716,
which portion being released hereby is described as follows:
The Westerly 34.48 feet of the Southerly 13
Feet of Lot 11 in Block 21 of the Original Town of
Elgin, on the East Side of the Fox River, in the
City of Elgin, Kane County, Illinois.
IN WITNESS WHEREOF, the CITY OF ELGIN has executed
this instrument by its Mayor, this day of
1995.
CITY OF ELGIN, a municipal
corporation
•
•
By
.Mayor
Attest:
City Clerk
STATE OF ILLINOIS )
) ss
COUNTY OF KANE )
ACKNOWLEDGEMENT
I, , a Notary Public in and for
and residing in County, in the said State aforesaid,
. . do hereby . certify that Kevin Kelly, Mayor of the City of
Elgin, and Dolonna Mecum, City Clerk' of the City of Elgin,
personally known to me to be the same persons whose names are
subscribed to the foregoing instrument as such Mayor and City .
Clerk, 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 City of Elgin, for the uses and
purposes therein set forth, and the said City Clerk did also
then and there acknowledge that she, as custodian of the
corporate seal of said City did affix the said corporate seal.
of said City to said instrument as her own free and voluntary
act and as the free and voluntary act of said City for the
uses and purposes . therein set forth.
Given under my hand and Notarial seal this day
of , 1995.
Notary Public
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