HomeMy WebLinkAbout96-114 Recorded Resolution No. 96-114
RESOLUTION
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN PURPOSES
(James Valenti and Judith A. Valenti)
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 on behalf of the City of Elgin
with James Valenti and Judith A. Valenti for the construction
and maintenance of a water line for the property legally
described as follows :
Permanent Easement
A strip of land 20 . 00 feet wide on that part of
the South half of Section 31, Township 42 North,
Range 8 East of the Third Principal Meridian, Kane
County, Illinois, lying 10 . 00 feet on each side of
the following described line:
Commencing at the Northwest corner of the
Southwest Quarter of the Southeast Quarter of said
Section 31; thence Southerly 310 . 50 feet on an
assumed bearing of South 0 degrees 20 minutes 55
seconds West along the West line of the Southeast
Quarter of said Section 31; thence South 56 degrees
43 minutes 37 seconds East, 164 . 94 feet to the Point
of Beginning; thence Northwesterly, 401 . 88 feet
along a 22 , 961 . 30 foot radius curve, concave
Southwesterly, concentric with and 43 . 00 feet
Northeasterly from the curved center line of Big
Timber Road; the chord of said curve bears north 57
degrees 01 minute 21 seconds West, to the
termination of said line and 20 . 00 foot wide strip
of land.
Said parcel contains 0 . 185 acre, more or less .
Temporary Construction Easement
A strip of land 30 . 00 feet wide on that part of
the South Half of Section 31 , Township 42 North,
Range 8 East of the Third Principal meridian, Kane
County, Illinois, lying 15 . 00 feet on each side of
the following described line:
Commencing at the Northwest corner of the
Southwest Quarter of the Southeast Quarter of said
Section 31; thence Southerly, 280 . 79 feet on an
assumed bearing of South 0 degrees 20 minutes 55
seconds West along the West line of the Southeast
Quarter of said Section 31; thence South 56 degrees
45 minutes 24 seconds East, 193 . 21 feet to the Point
of Beginning; thence Northwesterly, 410 . 04 feet
along a 22 ,986 . 30 foot radius curve, concave
Southwesterly, concentric with and 68 . 00 feet
Northeasterly from the curved center line of Big
Timber Road, the chord of said curve bears North 53
degrees 03 minutes 07 seconds West, to the
termination of said line and 30 . 00 foot wide strip
of land.
Said parcel contains 0 . 282 acres, more or less .
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: April 24, 1996
Adopted: April 24 , 1996
Omnibus Vote: Yeas 7 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
FILED FOR RECORD
KANE COUNTY. ILL.
961( 035782 96 MAY I 5 P?13: 30
RECORDER
GRANT OF EASEMENT
FROM
JAMES VALENTI AND JUDITH A. VALENTI
TO
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CITY OF ELGIN
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After recording return to:
Dolonna Mecum
Elgin City Clerk �.0 Asso
150 Dexter Court l%�
Elgin, IL 60120
€oO
961035782
GRANT OF EASEMENT
THIS INDENTURE, made and entered into this #7S"7'/,‘ day
of /3 p2t. C , 1995, by and between James Valenti and Judith
A. Valenti, in joint tenancy, hereinafter 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 Eight Thousand Three
Hundred and Seventy-Five Dollars ( $8, 375) 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 water line in, upon, over and under the
following described real property in the City of Elgin, County
of Kane, State of Illinois, more particularly described as :
PERMANENT WATER MAIN EASEMENT
A strip of land 20 . 00 feet wide on that part of the South half
of Section 31, Township 42 North, Range 8 East of the Third
Principal Meridian, Kane County, Illinois, lying 10 . 00 feet on
each side of the following described line:
Commencing at the Northwest corner of the Southwest Quarter of
the Southeast Quarter of said Section 31; thence Southerly,
310 .50 feet on an assumed bearing of South 0 degrees 20 min-
utes 55 second West along the West line of the Southeast
Quarter of said Section 31; thence South 56 degrees 43 minutes
37 second East, 164 . 94 feet to the Point of Beginning; thence
Northwesterly, 401 . 88 feet along a 22,961 . 30 foot radius
curve, concave Southwesterly, concentric with and 43 . 00 feet
Northeasterly from the curved center line of Big Timber Road;
the chord of said curve bears North 57 degrees 01 minute 21
seconds West, to the termination of said line and 20 . 00 foot
wide strip of land.
Said parcel contains 0 . 185 acre, more or less .
FURTHER, Grantor does hereby grant and convey to the City
a temporary construction easement in, upon and over the fol-
lowing described real property in the City of Elgin, County of
Kane, State of Illinois, more particularly described as :
TEMPORARY CONSTRUCTION EASEMENT
A strip of land 30 . 00 feet wide on that part of the South Half
of Section 31, Township 42 North, Range 8 East of the Third
Principal meridian, Kane County, Illinois, lying 15 . 00 feet on
each side of the following described line:
6 035782
;
Commencing at the Northwest corner of the Southwest Quarter of
the Southeast Quarter of said Section 31; thence Southerly,
280 . 79 feet on an assumed bearing of South 0 degrees 20 min-
utes 55 seconds West along the West line of the Southeast
Quarter of said Section 31; thence South 56 degrees 45 minutes
24 seconds East, 173 .21 feet to the Point of Beginning; thence
Northwesterly, 410 . 04 feet along a 22,986 . 30 foot radius
curve, concave Southwesterly, concentric with and 68 . 00 feet
Northeasterly from the curved center line of Big Timber Road,
the chord of said curve bears North 53 degrees 03 minutes 07
seconds West, to the termination of said line and 30 . 00 foot
wide strip of land.
Said parcel contains 0 .282 acre, more or less .
This grant of easement is executed, delivered and is
granted upon the following conditions :
1 . Said temporary construction easement shall expire twelve
( 12) months following the beginning of construction.
2 . The Grantor shall not erect any permanent structure on
the permanent and exclusive easement described herein,
provided, however, the Grantor has the right to construct
a road across the easement and the right to place land-
scaping upon the easement. The City shall replace or
repair any such pavement or landscaping damaged by City
to repair or maintain the water main.
3 . The City agrees to indemnify the Grantor for any damages
to the property within the easement of any claims arising
directly as a result of the City' s work upon the easement
either during construction of the water main or during
maintenance or repair of the water main.
4 . The City shall install at the time of the original con-
structionof e ,subject water line at its expense, an 8
inch tap '3 u to provide service to the grantor' s
property. The City shall not be required to provide
water services to the grantor' s property until the sub-
ject property is annexed to the City of Elgin, and as
otherwise provided by law.
5 . The City recognizes that the temporary construction
easement granted herein overlaps with certain buildings
and structures currently located on the Grantor' s proper-
ty and agrees that its use of the easements granted
herein shall be accomplished in such a manner so as to
avoid (a) physical contact with, and (b) interference
with the use of, such buildings and structures .
The terms and conditions of this permanent and temporary
easement shall be binding upon the Grantors and the City, and
upon their heirs, executors, successors and assigns .
9 6 K 0 3 5 7 8 2
•
By: C •
Jam s A.. Valenti
By: e
ith A. Valenti
11
By:
Kevin Kelly
Attest: ` 1 -
Dolonna Mecum, City Clerk
4'
�� 6035782
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
James C. Valenti and Judith A. Valenti are
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 4
day of , 1996 .
OFFICIAL SEAL 1
10
4 DONNA LAMKIN Notary Public
4 NOTARY PUBLIC, STATE OF ILLINOIS P
4 My Commission Expires Sept, 9, 1400
Ir'� >►
` �'`I`r"�`�►iwIt►w 4 yr
Prepared by:
Raymond Moller
City Properties Director
City of Elgin
150 Dexter Court
Elgin, IL 60120
7 J
3 Oyi.� 5J
\ I
•
CENTER LINE
\ WATER MAIN \
EASEMENT RAD = 22,986.30'
N t ,_ \ ARC - 410.04'
\� C B. = N. 53'-03'-07" W.
'P/ CH. - 410 04'
l�
N. Ck 0I0"
4 4 y 30.00' O
4R CA, TEMPORARY .IN
</4,4 \ \ 4 CONSTRUCTION
EASEMENT
\ \
• N. , \ N.
\Lb[!
/0 RAD. - 22,986.30'
ARC - 173.21'
\ r 1 C.B. - S. 56'-45'-24" E.
\ ' BARN CH. - 173.21'
`' 4 •�
m /fie , ��,, sto
• 0 0 20.00'
O Q,O PERMANENT 000 °
n 0 N. ///---15.00' C..0
t;..)fC ti WATER MAIN \ 10.00'
EASEMENT - \
fzoo 1 \
o z \ \ "-,,.:5.00'
0 ,-cr I . bo \ P.O.B.
0 L ?. I/� 1 \ \ TEMPORARY
w V CONSTRUCTION
RAD. = 22,961.30' �A \ 1. EASEMENT
ARC - 401.88' ' { I
C B. = N 57'-01'-21' W I
NN
CH. = 401.87 P O B
1 WATER MAIN
EASEMENT
I \ \
I N. \
I
I, Dale A. Terry, Professional Illinois Land Surveyor, \ ~ \
hereby certify that this Easement Plot was prepared under RAD - 30' \ l O direction and is true and correct to the best of my knowledge and ARC - 22.961164 1' \
of C.B = S 56'-43'-37" E /�
Dimensions are given in feet and decimals thereof unless in iicoled CH. = 164.94' \ <„J
erwiae
' rd this l day of SEP1'ohgeg A n Io94
•
a 3 - 3i - 3co - oiG
3 - 31 - q0-1) — °20 (-7- Vv/P� �
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Chicago Title Insurance Company
113 SOUTH THIRD STREET, GENEVA, IL 60134
REFER INQUIRIES TO:
(708)232-2750
COMMITMENT FOR TITLE INSURANCE
CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, for a
valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule
A,in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered
hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor,
all subject to the provisions of Schedules A and B and to the Conditions and Stipulations which are hereby
incorporated by reference and are made a part of the Commitment.
Tlis Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy
or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the
issuance of this Commitment or by subsequent endorsement.
This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and
obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or
policies committed for such shall issue, whichever first occurs, provided that the failure to issue such policy or
policies is not the fault of the Company.
This commitment shall not be valid or binding until signed by an authorized signatory.
CHICAGO TITLE INSURANCE COMPANY
lacrikik-AA-?1 • .0"4--1-4"zi-
Authorized Signatory
Providing Title Related Services Since 1847
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
YOUR REFERENCE: BIG TIMBER WATER MAIN PROJECT ORDER NO. : 1410 000417759 KA
EFFECTIVE DATE: JUNE 15, 1994
1. POLICY OR POLICIES TO BE ISSUED:
OWNER'S POLICY: ALTA OWNERS 1992
AMOUNT: $10,000.00
PROPOSED INSURED: CITY OF ELGIN
2. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS COMMITMENT
AND COVERED HEREIN IS A FEE SIMPLE UNLESS OTHERWISE NOTED.
3. TITLE TO SAID ESTATE OR INTEREST IN SAID LAND IS AT THE EFFECTIVE DATE VESTED IN:
JAMES VALENTI AND JUDITH A. VALENTI, IN JOINT TENANCY
4. MORTGAGE OR TRUST DEED TO BE INSURED:
NONE
•
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A (CONTINUED)
ORDER NO. : 1410 000417759 KA
5. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
THAT PART OF THE SOUTH 1/2 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8, EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER
OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 31; THENCE EAST ALONG
THE NORTH LINE OF SAID SOUTHWEST 1/4 OF SOUTHEAST 1/4, 352 .9 FEET TO AN OLD FENCE
LINE; THENCE SOUTHWESTERLY ALONG THE SAID OLD FENCE LINE FORMING AN ANGLE OF 74
DEGREES, 37 MINUTES, 0 SECONDS FROM WEST TO SOUTH WITH THE LAST DESCRIBED LINE
263 .6 FEET, TO THE NORTHEASTERLY CORNER OF A TRACT OF LAND RECORDED OCTOBER 23,
1963 AS DOCUMENT 1011395; THENCE NORTHWESTERLY ALONG THE NORTHERLY LINE OF SAID
TRACT AT RIGHT ANGLES WITH THE LAST DESCRIBED LINE 100.0 FEET; THENCE
SOUTHWESTERLY ALONG THE WESTERLY LINE OF SAID TRACT OF LAND, AT RIGHT ANGLES WITH
THE LAST DESCRIBED LINE 236.68 FEET TO THE CENTER LINE OF BIG TIMBER ROAD (AS
PRESENTLY DEDICATED AND CONSTRUCTED) ; THENCE NORTHWESTERLY ALONG THE SAID CENTER
LINE OF BIG TIMBER ROAD, 386.97 FEET; THENCE NORTH PARALLEL WITH THE EAST LINE OF
THE SOUTHWEST 1/4 OF SAID SECTION 31, 498 .86 FEET; THENCE EAST PARALLEL WITH THE
SOUTH LINE OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 31, 200.0
FEET TO A POINT ON THE SAID EAST LINE OF THE SOUTHWEST 1/4 OF SECTION 31 THAT IS
255.29 FEET NORTH (AS MEASURED ON SAID EAST LINE) FROM THE POINT OF BEGINNING;
THENCE SOUTH ALONG SAID EAST LINE 255.29 FEET TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS.
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
ORDER NO. : 1410 000417759 KA
1. IF EXTENDED COVERAGE OVER THE FIVE GENERAL EXCEPTIONS IS
REQUESTED, WE SHOULD BE FURNISHED THE FOLLOWING:
A. A CURRENT ALTA/ACSM OR ILLINOIS LAND TITLE SURVEY CERTIFIED TO
CHICAGO TITLE INSURANCE COMPANY;
B. A PROPERLY EXECUTED ALTA STATEMENT;
C. UTILITY LETTERS FROM THE MUNICIPALITY OR COUNTY (IF
UNINCORPORATED) , LOCAL GAS, ELECTRIC AND TELEPHONE COMPANIES
AND IF APPLICABLE, THE LOCAL CABLE TELEVISION COMPANY AND WESTERN UNION.
MATTERS DISCLOSED BY THE ABOVE DOCUMENTATION WILL BE SHOWN
SPECIFICALLY.
NOTE: THERE WILL BE AN ADDITIONAL CHARGE FOR THIS COVERAGE.
2. NOTE FOR INFORMATION: THE COVERAGE AFFORDED BY THIS COMMITMENT AND
ANY POLICY ISSUED PURSUANT HERETO SHALL NOT COMMENCE PRIOR TO THE
DATE ON WHICH ALL CHARGES PROPERLY BILLED BY THE COMPANY HAVE BEEN
FULLY PAID.
B 3 . TAXES FOR THE YEAR 1993, AMOUNTING TO $15.84, ARE PAID OF RECORD.
PERMANENT INDEX NUMBER: l3-31-400-020
TAXES FOR 1994 NOT YET DUE OR PAYABLE.
TAXES FOR THE YEAR 1993, AMOUNTING TO $187.24 ARE PAID OF RECORD.
PERMANENT INDEX NUMBER:13-31-300-016
TAXES FOR 1994 NOT YET DUE OR PAYABLE.
£ 4 . NOTE: THE LEGAL DESCRIPTION SHOWN IN SCHEDULE A DESCRIBES EITHER UNSUBDIVIDED
LAND OR A PORTION OF SUBDIVIDED LAND. IF ANY CONVEYANCE OF THE LAND IS EXEMPT
FROM THE OPERATION OF THE PROVISIONS OF THE PLAT ACT (765 ILLS 205/1 (A) ET
SEQ.) , SUCH DEED MAY NEED TO BE ACCOMPANIED BY A PLAT ACT AFFIDAVIT. IF ANY
PROPOSED DEED IS NOT EXEMPT, COMPLIANCE SHOULD BE HAD WITH THE PROVISIONS OF
THE PLAT ACT.
B 5. RIGHTS OF THE PUBLIC, THE STATE OF ILLINOIS, COUNTY OF KANE AND THE
MUNICIPALITY IN AND TO THAT PART OF THE LAND, IF ANY, TAKEN OR USED FOR ROAD
PURPOSES AS ORIGINALLY CONSTITUTED AND BY DEDICATION DOCUMENT 376208.
F 6. RIGHTS OF WAY FOR DRAINAGE TILES, DITCHES, FEEDERS AND LATERALS, IF ANY.
D 7. RIGHTS OF THE PUBLIC AND OF THE STATE 'OF ILLINOIS IN AND TO THAT PART OF THE
LAND DEDICATED FOR PUBLIC HIGHWAY BY DEDICATION DATED MARCH 17, 1949 AND
RECORDED MARCH 2, 1949, AS DOCUMENT 623237, MADE BY RUDOLPH SCHICK AND SUSIE
E. SCHICK, TO PEOPLE OF THE STATE OF ILLINOIS.
G 8. CITY OF ELGIN ORDINANCE RECORDED JULY 19, 1993 AS DOCUMENT 93K53550 AS TO
SEWER LINE, RECAPTURE AGREEMENT SEE DOCUMENT FOR REQUIREMENTS AND TERMS.
•
CHICAGO TITLE INSIURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B (CONTINUED)
ORDER NO. : 1410 000417759 KA
9. INFORMATIONAL NOTE:
TO SCHEDULE CLOSINGS IN THE AURORA OR YORKVILLE OFFICES, PLEASE CALL:
(708) 892-3775.
TO SCHEDULE CLOSINGS IN THE ST. CHARLES OR GENEVA OFFICES, PLEASE CALL:
(708)584-9566.
TO SCHEDULE CLOSINGS IN THE ELGIN OFFICE, PLEASE CALL: (708) 622-7700.
FOR CLOSING INFORMATION/FIGURES, PLEASE CALL THE SCHEDULING OFFICE.
J 10. REFER INQUIRIES REGARDING THIS COMMITMENT TO DAVID NELSON AT GENEVA, KANE
COUNTY OFFICE: (708)232-2750.
COPIES OF THE COMMITMENT HAVE BEEN SENT TO:
HAMPTON LENZINI & RENWICK
380 SHEPARD DRIVE
ELCI;7, ILLINOIS 60123
DAL'?, TERRY
** END **