HomeMy WebLinkAbout96-115 Recorded .1
1
Resolution No. 96-115
RESOLUTION
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN PURPOSES
(Kenneth W. Kuecker and Susan J. Kuecker)
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 Kenneth W. Kuecker and Susan J. Kuecker 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 Southwest Quarter of the Southeast Quarter 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 said Southeast Quarter, thence
Southerly, 310 . 50 feet on an assumed bearing of
South 0 degrees 20 minutes 55 seconds West along the
West line of said Southeast Quarter, thence South 56
degrees 43 minutes 37 seconds East, 164 . 94 feet to
the Point of Beginning; thence Southeasterly, 105 . 03
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 South 56
degrees 23 minutes 24 seconds East, to the
termination of said line and 20 . 00 foot wide strip
of land.
Said parcel contains 0 . 048 acre, more or less .
Temporary Construction Easement
A strip of land 30 . 00 feet wide on that part of
the Southwest Quarter of the Southeast Quarter 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 said Southeast Quarter; thence
Southerly, 280 . 79 feet on an assumed bearing of
South 0 degrees 20 minutes 55 seconds West along the
West line of said Southeast Quarter; thence South 56
degrees 45 minutes 24 seconds East, 173 .21 feet to
the Point of Beginning, thence Southeasterly, 105 . 02
feet along a 22 . 986 . 30 foot radius curve, concave
Southwesterly, concentric with and 68,000 feet
Northeasterly from the curved center line of Big
Timber Road, a chord of said curve bears South 56
degrees 24 minutes 36 seconds East, to the
termination of said line and 30 . 00 foot wide strip
of land.
Said parcel contains 0 . 072 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.
96K035781 9 MAY 15 PM 3: 30
Mtn fit. d
U RECORDER
pp GRANT OF EASEMENT
FROM
<-6 KENNETH W. KUECKER AND SUSAN J. KUECKER
7' TO
CITY OF ELGIN
After recording return to:
Dolonna Mecum
Elgin City Clerk 07 dU
150 Dexter Court 1�0
Elgin, IL 60120 p
C` Ei '.2c7Q
.44
GRANT OF EASEMENT
THIS INDENTURE, made and entered into this day of
, 1996 , by and between Kenneth W.
Kuecker and Susan J. Kuecker, his wife, as joint tenants, herein-
after 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 Three
Hundred and Twenty-Five Dollars ( $5, 325) and other good and valu-
able consideration the sufficiency of which is hereby acknowl-
edged, Grantor does hereby grant and convey to the City a perma-
nent and exclusive easement for the construction and maintenance
of a water line in, upon, and under the following described real
property in the County of Kane, State of Illinois, more particu-
larly described as :
PERMANENT EASEMENT
A strip of land 20 . 00 feet wide on that part of the Southwest
Quarter of the Southeast Quarter of Section 31, Township 42 North,
Range 8 East of the Third Principal Meridian, Kane County, Illi-
nois, lying 10 . 00 feet on each side of the following described
line:
Commencing at the Northwest corner of the Southwest Quarter
of said Southeast Quarter, thence Southerly, 310 . 50 feet on an
assumed bearing of South 0 degrees 20 minutes 55 seconds West
along the West line of said Southeast Quarter, thence South 56
degrees 43 minutes 37 seconds East, 164 . 94 feet to the Point of
Beginning; thence Southeasterly, 105 . 03 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 South 56 degrees 23 minutes 24
seconds East, to the termination of said line and 20 . 00 foot wide
strip of land.
Said parcel contains 0 . 048 acre, more or less .
Further, Grantor does hereby grant and convey to the City a
temporary construction easement in, upon and over the following
described real property in the 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 Southwest
Quarter of the Southeast Quarter of Section 31, Township 42 North,
Range 8 East of the Third Principal Meridian, Kane County, Illi-
nois, lying 15 . 00 feet on each side of the following described
line:
Commencing at the Northwest corner of the Southwest Quarter
of said Southeast Quarter; thence Southerly, 280 . 79 feet on an
assumed bearing of South 0 degrees 20 minutes 55 seconds West
6 0 3 5 7 8 II
along the West line of said Southeast Quarter; thence South 56
degrees 45 minutes 24 seconds East, 173 .21 feet to the Point of
Beginning, thence Southeasterly, 105 . 02 feet along a 22 . 986 . 30
foot radius curve, concave Southwesterly, concentric with and
68,000 feet Northeasterly from the curved center line of Big
Timber Road, a chord of said curve bears South 56 degrees 24
minutes 36 seconds East, to the termination of said line and 30 . 00
foot wide strip of land.
Said parcel contains 0 . 072 acres, 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 . This 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 place landscaping upon the ease-
ment. The City shall replace or repair any such pavement or
landscaping damaged by the 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 or any claims arising di-
rectly as a result of the City' s work upon the easement
either during construction of the water main or during main-
tenance or repair of the water main.
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 .
By: 1L- 1,y4 Lu. /C �C
Kenneth W. Kuecker
By: 7/'
usan J. Kue ker
By:
Kevin Kelly, Mayo
Attest: idg414..,".4
Dolonna Mecum, City Clerk
2
6K03578II
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 Sw tf/(,,w rcFokec ,
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.
Giv n uader my hand and official seal, this day of
1996 .
"OFFICIAL SE a
John G. Biesenbe er
', Notary Public,State o Ilinois
':My Commission Expires 10/27/97
Prepared by:
Raymond Moller
City Properties Director
City of Elgin
150 Dexter Court
Elgin, IL 60120
' 6K03578i
1, •
Recur PPOOR COPY
For R per rod ct onssibie
I . ,
s
N /;•I co
Cl
'if,
/
in
r.
rl
II
b
viI
I
RAD. = 22,986.30'
I ' ARC = 173.21'
C.B = S. 56'-45'-24" E.
I CH. = 173.21'
I
I P.O.B.
TEMPORARY
I! CONSTRUCTION
1
EASEMENT
I
C e4,TFR t.1
V 4
/4,F \ I\
\ I \ 30.00'CONSTRUCTION
\
\ \ EASEMENT
� 00'
15.
\ I \
i 5.00'
I /i././
20.00'
PERMAT
RAD. = 22,961.30' �jQ WATER NEN MAIN
IARC = 164.94' \• ' 10.00' ST EASEMENT
C.B. = S. 56'-43'-37" E.
CH. = 164.94' I P.O.B. 10.00'
I WATER MAIN
I
EASEMENT I
410,?
T
�O ti RiCy
t
RAD = 22.961.30' `O OF
I
ARC = 105.03' \ ,kq}
C.B. = S. 56'-23'-24" E.
ICH. = 105.03'
I•
\
5
i9 6K03578ill
•
03 - 3/ — -4so- o a3i h� ��ti Su �.., ,E �,ecker
0
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.
This 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
LifetA-A, -)j--1.#**zr
Authorized Signatory
Providing Title Related Services Since 1847
ORDER NO. : 1410 000417761 KA
ti CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
YOUR REFERENCE: BIG TIMBER WATER MAIN PROJECT ORDER NO. : 1410 000417761 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 CTIVE DATE VESTED IN:
KENNETH W. KUECKER AND SUSAN J. KUECKER, HIS WIFE, AS JOINT TENANTS
4. MORTGAGE OR TRUST DEED TO BE INSURED:
NONE
R2NRCSAI
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A (CONTINUED)
ORDER NO. : 1410 000417761 KA
5, THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
THAT PART OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 42
NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SOUTHEAST 1/4;
THENCE EAST ALONG THE NORTH LINE OF SAID QUARTER QUARTER 352 .9 FEET; THENCE
SOUTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 74 DEGREES 37 MINUTES, MEASURED
FROM WEST TO SOUTH, WITH THE LAST DESCRIBED COURSE, 263 .6 FEET FOR THE POINT OF
BEGINNING; THENCE SOUTHWESTERLY ALONG THE EXTENSION OF THE LAST DESCRIBED COURSE,
THIS LINE HEREINAFTER REFERRED TO AS LINE "A", 268.95 FEET TO THE CENTER LINE OF
BIG TIMBER ROAD, AS NOW CONSTRUCTED; THENCE NORTHWESTERLY ALONG SAID CENTER LINE,
WHICH FORMS AN ANGLE OF 72 DEGREES 07 MINUTES, MEASURED FROM NORTH TO WEST, WITH
THE LAST DESCRIBED COURSE, 105 .08 FEET; THENCE NORTHEASTERLY ALONG A LINE FORMING
AN ANGLE OF 107 DEGREES 53 MINUTES, MEASURED FROM SOUTHEAST TO EAST TO NORTHEAST
WITH SAID CENTER LINE, 236 . 68 FEET TO A LINE DRAWN WESTERLY, AT RIGHT ANGLES WITH
SAID LINE "A", FROM THE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG SAID LINE
100 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART USED FOR
HIGHWAY PURPOSES) , IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS.
RNRLF_GAL
f CHICAGO,TITLE INSURANCE COMPANY
•
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
ORDER NO. : 1410 000417761 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.
F 3 . TAXES FOR THE YEAR 1993 ARE PAYABLE IN 2 INSTALLMENTS.
PERMANENT INDEX NUMBER 03-31-400-003
THE FIRST INSTALLMENT, AMOUNTING TO $749 .51, IS PAID.
THE SECOND INSTALLMENT, AMOUNTING TO $749 .51, IS NOT DELINQUENT BEFORE
SEPTEMBER 2, 1994 .
EXEMPTION: HOMESTEAD LIMITED.
TAXES FOR 1994 NOT YET DUE OR PAYABLE.
G 4 . MORTGAGE DATED DECEMBER 7, 1990 AND RECORDED DECEMBER 21, 1990 AS DOCUMENT NO.
90K66245 MADE BY KUECKER TO FIRST DEPOSIT NATIONAL BANK TO SECURE AN
INDEBTEDNESS IN THE AMOUNT OF $29,500.00.
A 5 . MORTGAGE DATED AUGUST 26, 1977 AND RECORDED SEPTEMBER 20, 1977 AS DOCUMENT NO.
1424245 MADE BY KUECKER TO ELGIN FEDERAL SAVINGS AND LOAN ASSOCIATION TO
SECURE AN INDEBTEDNESS IN THE AMOUNT OF $39,900.00.
B 6. 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 ILCS 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.
C 7 . RIGHTS OF THE PUBLIC, THE STATE OF ILLINOIS AND THE MUNICIPALITY IN AND TO
RNRCB
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B (CONTINUED)
ORDER NO. : 1410 000417761 KA
THAT PART OF THE LAND, IF ANY, TAKEN OR USED FOR ROAD PURPOSES.
D 8. RIGHTS OF WAY FOR DRAINAGE TILES, DITCHES, FEEDERS AND LATERALS, IF ANY.
H 9 . SEWER LINE RECAPTURE CITY OF ELGIN ORDINANCE RECORDED JULY 19, 1993 AS
DOCUMENT 93K53550
10. 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 11. 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
ELGIN, ILLINOIS 60123
DALE TERRY
** END **
RCSCr1DC0 PAGE B 2