HomeMy WebLinkAbout96-118 Recorded AL . ; •
Resolution No. 96-118
RESOLUTION
ACCEPTING A GRANT OF EASEMENT FOR WATER MAIN PURPOSES
(Sherman Health Systems)
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 Sherman Health Systems 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 Southeast Quarter of Section 31, Township 42
North and that part of the Northwest Fractional
Quarter of Section 4 , Township 41 North, all in
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 Southeast corner of the
Southwest Quarter of the Southeast Quarter of said
Section 31; thence northerly, 149 . 07 feet on an
assumed bearing of North 0 degrees 18 minutes 17
seconds East along the East line of said Southwest
Quarter of the Southeast Quarter to the Point of
Beginning; thence South 57 Degrees 58 minutes 31
seconds East, 939 . 06 feet; thence South 32 degrees
01 minutes 30 seconds West, 60 . 00 feet to the center
line of Big Timber Road and the termination of said
line and 20 . 00 foot wide strip of land.
Said parcel contains 0 .459 acre, more or less .
Temporary Construction Easement
A strip of land 20 . 00 feet wide on that part of
the Southeast Quarter of Section 31, Township 42
North, and that part of the Northwest Fractional
Quarter of Section 4 , Township 41 North, all in
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 Southeast corner of the
Southwest quarter of the Southeast Quarter of said
Section 31; thence Northerly, 172 .59 feet on an
assumed bearing of North 0 degrees 18 minutes 17
seconds East along the East line of said Southwest
Quarter of the Southeast Quarter to the Point of
Beginning; thence South 57 degrees 58 minutes 31
seconds East, 971 . 42 feet to the termination of said
line and 20 . 00 foot wide strip of land.
Said parcel contains 0 .445 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 035780 96MAY 15 PM 3: 30
6g24
RECORDER
GRANT OF EASEMENT
FROM
SHERMAN HEALTH SYSTEMS
TO
CITY OF ELGIN
00 bo
r
u
After recording return to:
Dolonna Mecum
Elgin City Clerk , rrvAl
150 Dexter Court J'Y L,o"
Elgin, IL 60120 \ o
0
`%' 96K035780
A .
GRANT OF EASEMENT
THIS INDENTURE, made and entered into this 2ts-17/ day of
,4 /0 / i` L , 1996 , by and between Sherman Health 8ystems,
an Illinois not-for-profit corporation, hereinafter referred
to as "grantor" , and the CITY OF ELGIN, a municipal corpora-
tion, hereinafter referred to as "City" , Witnesseth:
That in and for the consideration of Twenty-One Thousand
Nine Hundred and Fifty Dollars ( $21,951) 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 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 Southeast
Quarter of Section 31, Township 42 North and that part of the
Northwest Fractional Quarter of Section 4, Township 41 North,
all in Range 8 East of the Third Principal Meridian, Kane
County, Illinois, lying 10 . 00 feet on each side of the follow-
ing described line:
Commencing at the Southeast corner of the Southwest Quarter of
the Southeast Quarter of said Section 31; thence northerly,
149 . 07 feet on an assumed bearing of North 0 degrees 18 min-
utes 17 seconds East along the East line of said Southwest
Quarter of the Southeast Quarter to the Point of Beginning;
thence South 57 Degrees 58 minutes 31 seconds East, 939 . 06
feet; thence South 32 degrees 01 minutes 30 seconds West,
60 . 00 feet to the center line of Big Timber Road and the
termination of said line and 20. 00 foot wide strip of land.
Said parcel contains 0 .459 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 County of Kane, State of
Illinois, more particularly described as :
TEMPORARY CONSTRUCTION EASEMENT
A strip of land 20 . 00 feet wide on that part of the Southeast
Quarter of Section 31, Township 42 North, and that part of the
Northwest Fractional Quarter of Section 4, Township 41 North,
all in Range 8 East of the Third Principal Meridian, Kane
County, Illinois, lying 10 . 00 feet on each side of the follow-
ing described line:
Commencing at the Southeast corner of the Southwest quarter of
the Southeast Quarter of said Section 31; thence Northerly,
172 . 59 feet on an assumed bearing of North 0 degrees 18 min-
utes 17 seconds East along the East line of said Southwest
96K035780
Quarter of the Southeast Quarter to the Point of Beginning;
thence South 57 degrees 58 minutes 31 seconds East, 971 .42
feet to the termination of said line and 20 . 00 foot wide strip
of land.
Said parcel contains 0 .445 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 . 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 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 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.
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: ( 444 0 / %
Sherman Health Systems
A/4:::::-. ;; Yle.'‘—
By:
Kevin Kelly, Mayo
By: G7i
Dolonna Mecum, City Clerk
3
96K035780
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
John A. Graham , personally known to me to be the same
persons whose names are subscribed to the foregoing instru-
ment, 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 there-
in set forth.
Given under my hand and official seal, this 13th day of
March , 1996 .
Notar P is
OFFICIAL SEAL
RUTH J. FORRESTER Po
NOTARYr PUBLIC, STATE OF ILLINOIS
®
M Uitlio ml9s �w ryes' �1f'vi1994,0
Prepared by:
Raymond Moller
City Properties Director
City of Elgin
150 Dexter Court
Elgin, IL 60120
96K035780
Recore�o ROPY
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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.
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
•
tit-rtA_AA71:
Authorized Signatory
Providing Title Related Services Since 1847
ORDER NO. : 1410 000417762 KA
/
• • CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
YOUR REFERENCE: BIG TIMBER WATER MAIN PROJECT ORDER NO. : 1410 000417762 KA
EI•HECIIVEDATE: JUNE 20, 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 ElqiECTIVE DATE VESTED IN:
SHERMAN HEALTH SYSTEMS, AN ILLINOIS NOT-FOR-PROFIT CORPORATION
•
4. 'MORTGAGE OR TRUST DEED TO BE INSURED:
NONE
IONWMAM
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A (CONTINUED)
ORDER NO. : 1410 000417762 KA
5. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
•
THAT PART OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH, AND THAT PART OF
THE NORTHWEST FRACTIONAL QUARTER OF SECTION 4, TOWNSHIP 41 NORTH, BOTH IN RANGE 8
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHEAST CORNER OF THE SAID SOUTHEAST 1/4 OF SECTION 31; THENCE NORTH 88 DEGREES
47 MINUTES 45 SECONDS WEST, ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4, A
DISTANCE OF 558.23 FEET TO AN EXISTING IRON STAKE; THENCE SOUTH 02 DEGREES 06
MINUTES 07 SECONDS WEST, A DISTANCE OF 463.27 FEET FOR THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 02 DEGREES 06 MINUTES 07 SECONDS WEST, A DISTANCE OF
472.03 FEET TO A NORTH LINE OF DOUCMENT NO. 1261098 AS MONUMENTED; THENCE NORTH
88 DEGREES 30 MINUTES 53 SECONDS WEST, ALONG SAID MONUMENTED LINE, A DISTANCE OF
8.18 FEET TO AN EXISTING IRON STAKE; THENCE SOUTH 02 DEGREES 03 MINUTES 59
SECONDS WEST, ALONG A WEST LINE OF SAID DOCUMENT NO. 1261098 AS MONUMENTED AND
THE SOUTHERLY EXTENSION THEREOF, A DISTANCE OF 871.27 FEET TO A LINE THAT BEARS
SOUTH 88 DEGREES 51 MINUTES 39 SECONDS WEST FROM A POINT ON THE EAST LINE OF SAID
SOUTHEAST 1/4 THAT IS 1782.69 FEET, AS MEASURED ALONG SAID EAST LINE, SOUTHERLY
OF THE AFORESAID NORTHEAST CORNER OF THE SOUTHEAST 1/4; THENCE NORTH 88 DEGREES
51 MINUTES 39 SECTION EAST, ALONG SAID LINE, A DISTANCE OF 579.42 FEET TO THE
SAID POINT ON THE EAST LINE OF THE SOUTHEAST 1/4 THAT IS 1782.69 FEET SOUTHERLY
OF THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4; THENCE SOUTH 01 DEGREES 41 MINUTES
39 SECONDS WEST, ALONG SAID EAST LINE, A DISTANCE OF 870.78 FEET TO THE SOUTHEAST
CORNER OF SAID SOUTHEAST 1/4 OF SECTION 31; THENCE NORTH 88 DEGREES 35 MINUTES 34
SECONDS WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4, ALSO BEING THE NORTH
LINE OF AFORESAID SECTION 4, A DISTANCE OF 70.00 FEET TO THE NORTHWEST CORNER OF
LAND_CONVEYED TO THE COUNTY OF KANE BY QUIT CLAIM DEED RECORDED APRIL 3, 1978 AS
DOCUMENT 1450702; THENCE SOUTH 01 DEGREES 41 MINUTES 39 SECONDS WEST, ALONG THE
WEST LINE OF SAID LAND CONVEYED BY DOCUMENT NO. 1450702, A DISTANCE OF 121.26
FEET TO THE SOUTHWEST CORNER THEREOF, ALSO BEING A POINT ON THE NORTH PROPERTY
LINE OF THE AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO, TRUST NO. 77704;
THENCE NORTH 88 DEGREES 18 MINUTES 21 SECONDS WEST; ALONG SAID NORTH LINE, A
DISTANCE OF 286.85 FEET TO THE NORTHWEST CORNER OF SAID AMERICAN NATIONAL BANK
AND TRUST COMPANY OF CHICAGO, TRUST NO. 77704; THENCE SOUTH 33 DEGREES 27 MINUTES
17 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID AMERICAN NATIONAL BANK AND TRUST
COMPANY OF CHICAGO, TRUST NO. 77704 AND THE SOUTHWESTERLY EXTENSION THEREOF, A
DISTANCE OF 376.25 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF OF BIG TIMBER
ROAD; THENCE NORTH .56 DEGREES 32 MINUTES 43 SECONDS WEST, ALONG SAID
SOUTHWESTERLY RIGHT OF WAY LINE, A DISTANCE OF 603.71 FEET; THENCE NORTHWESTERLY
ALONG SAID SOUTHWESTERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 22951.30 FEET AND BEING TANGENT TO.THE LAST DESCRIBED COURSE,
AN ARC DISTANCE OF 299 .08 FEET TO THE WEST LINE OF THE SOUTHEAST 1/4 OF THE
AFORESAID SOUTHEAST 1/4 OF SECTION 31; THENCE NORTH 01 DEGREES 44 MINUTES 17
SECONDS EAST, ALONG' SAID WEST LINE, A DISTANCE OF 1282.45 FEET TO THE SOUTHEAST
CORNER OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 31; THENCE NORTH
88 DEGREES 41 MINUTES 39 SECONDS WEST, ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4
OF SOUTHEAST 1/4 OF SECTION 31, A DISTANCE OF 395.00 FEET; THENCE NORTH 03
DEGREES 23 MINUTES 00 SECONDS EAST, A DISTANCE OF 870.70 FEET TO A LINE THAT
BEARS NORTH 88 DEGREES 18 MINUTES 23 SECONDS WEST FROM THE POINT OF BEGINNING;
THENCE SOUTH 88 DEGREES 18 MINUTES 23 SECONDS EAST, ALONG SAID LINE, A DISTANCE
OF 1128.31 FEET TO THE POINT OF BEGINNING, (EXCEPT PART LYING SOUTH OF CENTER
LINE OF BIG TIMBER ROAD) , IN DUNDEE TOWNSHIP AND ELGIN TOWNSHIP, KANE COUNTY,
mous-one
MTD Dnf.F M,7D n7/,C/Q4 1 7 .77-7,
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDUT.E A (CONTINUED)
ORDER NO. : 1410 000417762 KA
FICSCHAl PAGE A 3
MTD lZ •77-94,
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDUI.R B
ORDER NO. : 1410 000417762 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.
T 3 . TAXES FOR THE YEAR 1993 ARE PAYABLE IN 2 INSTALLMENTS.
PERMANENT INDEX NUMBER 03-31-400-031
THE FIRST INSTALLMENT, AMOUNTING TO $277.73, IS PAID.
THE SECOND INSTALLMENT, AMOUNTING TO $277.73, IS NOT DELINQUENT BEFORE
SEPTEMBER 2, 1994 .
TAXES FOR 1994 NOT YET DUE OR PAYABLE.
TAXES FOR THE YEAR 1993 ARE PAYABLE IN 2 INSTALLMENTS.
PERMANENT INDEX NUMBER 06-04-100-009
THE FIRST INSTALLMENT, AMOUNTING TO $4 .57, IS PAID.
THE SECOND INSTALLMENT, AMOUNTING TO $4 .57, IS NOT DELINQUENT BEFORE SEPTEMBER
2, 1994 .
TAXES FOR 1994 NOT YET DUE OR PAYABLE.
A 4 . WE SHOULD BE FURNISHED A CERTIFIED COPY OF THE DIRECTORS' RESOLUTIONS
AUTHORIZING THE CONVEYANCE OR MORTGAGE TO BE INSURED. SAID RESOLUTIONS SHOULD
EVIDENCE THE CORPORATE AUTHORITY OF THE PARTY EXECUTING SAID CONVEYANCE OR
MORTGAGE. IF THEY DO NOT, THEN A CERTIFIED COPY OF THE CORPORATE BY-LAWS
SHOULD ALSO BE FURNISHED.
NOTE: IN THE EVENT THE CONVEYANCE OR MORTGAGE COMPRISES A SALE OR ENCUMBRANCE
OF ALL, OR SUBSTANTIALLY ALL, OF THE ASSETS OF THE CORPORATION, WE SHOULD ALSO
BE FURNISHED A CERTIFIED COPY OF THE SHAREHOLDERS' MEMBERS RESOLUTION
AUTHORIZING SAID CONVEYANCE OR MORTGAGE. THIS COMMITMENT IS SUBJECT TO SUCH
FURTHER EXCEPTIONS, IF ANY, AS MAY THEN BE DEEMED NECESSARY AFTER OUR REVIEW
OF THESE MATERIALS.
B 5. NOTE: THE LEGAL DESCRIPTION SHOWN IN SCHEDULE A DESCRIBES EITHER UNSUBDIVIDED
RNRCBI
MJP PAGE B1 MJP 07/26/94 13 :27 :38
.
CHICAGO TITLE INSURANCE COMPANY
•
COMMITMENT FOR 'TITLE INSURANCE
SCHEDULE B (CONTINUED)
ORDER NO. : 1410 000417762 KA
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 6. RIGHTS OF THE PUBLIC, THE STATE OF ILLINOIS, COUNTY OF KANE AND THE
MUNICIPALITY IN AND TO THAT PART OF THE LAND TAKEN OR USED BIG TIMBER OR
RANDALL ROADS.
D 7 . RIGHTS OF WAY FOR DRAINAGE TILES, DITCHES, FEEDERS AND LATERALS, IF ANY.
INCLUDING DITCH AND SWALE ALONG FAR WESTERLY LINE SHOWN ON SURVEY OF BURNIDGE
AND WESTPHAL, BW92-349 .
F 8. RIGHTS OF THE PUBLIC AND OF THE PEOPLE OF THE STATE OF ILLINOIS IN AND TO THAT
PART OF THE LAND DEDICATED FOR PUBLIC HIGHWAY BY DEDICATION DATED NOVEMBER 13,
1946 AND RECORDED DECEMBER 12, 1946 AS DOCUMENT 570168 FROM MARSHALL M.
SHERMAN AND HERRIETT R. SHERMAN TO THE PEOPLE TO STATE OF ILLINOIS.
F t9. GRANT FROM SIDNEY G. BURNIDGE AND OTHERS TO NORTHERN ILLINOIS GAS COMPANY
RECORDED OCTOBER 20, 1970 AS DOCUMENT 1176162 FOR UTILITY PURPOSES "IN, UPON,
UNDER, ALONG AND ACROSS THE WESTERLY 1/2 OF RANDALL ROAD" .
(AFFECTS PART IN SECTION 31)
G 10. BY INSTRUMENT RECORDED MAY 22, 1974 AS DOCUMENT 1298986, THE KANE COUNTY BOARD
OF SUPERVISOR'S INDICATED RANDALL ROAD IS A FREEWAY, AND LIMITED ACCESS
THERETO.
H 11. RIGHTS OF THE PUBLIC AND OF THE PEOPLE OF THE STATE OF ILLINOIS IN AND TO THAT
PART OF THE LAND DEDICATED FOR PUBLIC HIGHWAY BY DEDICATION DATED MARCH 19,
1947 AND RECORDED MAY 31, 1947 AS DOCUMENT 582006 PROM MARSHALL M. SHERMAN AND
HARRIET R. SHERMAN TO THE PEOPLE OF THE STATE OF ILLINOIS.
I 12. AN ORDINANCE ALLOCATING COST OF CERTAIN WATER SYSTEM INPROVEMENTS TO
BENEFITTED PROPERTIES BY CITY OF ELGIN RECORDED SEPTEMBER 23, 1981 AS DOCUMENT
1588881 .
J 13. AGREEMENT DATED JUNE 22, 1987 AND RECORDED AUGUST 10, 1987 AS DOCUMENT 1859928
MADE BY AND BETWEEN THE ELGIN LABOR TEMPLE ASSOCIATION, INC. AND THE SANITARY
DISTRICT OF ELGIN RELATING TO RECAPTURE OF EXPENSES OF CONSTRUCTION OF THE BIG
TIMBER ROAD PHASE III INTERCEPTOR AND OTHER MATTERS.
K 14. AGREEMENT DATED JULY 8, 1985 AND RECORDED JULY 29, 1987 AS DOCUMENT 1856935
MADE BY AND BETWEEN ELGIN LUMBER & SUPPLY COMPANY, INC. AND THE SANITARY
DISTRICT OF ELGIN RELATING TO RECAPTURE OF EXPENSES OF CONSTRUCTION OF THE BIG
TIMBER ROAD PHASE I INTERCEPTOR AND OTHER MA'i"i'hRS.
L 15. AGREEMENT DATED MARCH 30, 1982 AND RECORDED JURY 29, 1987 AS DOCUMENT 1856936
MADE BY AND BETWEEN BRIDGEPORT/HARIG PRODUCTS, BRIDGEPORT MACHINES DIVIDION OF
TEXTRON, AND THE SANITARY DISTRICT OF ELGIN RELATING TO RECAPTURE OF COSTS OF
CONSTRUCTION OF THE BIG TIMBER ROAD PHASE I INTERCEPTOR AND OTHER MATTERS.
RCSC11IC0 PAGE B 2
•
CHICAGO TITLE INSURANCE COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDUT.R B (CONTINUED)
ORDER NO. : 1410 000417762 KA
D 16. RIGHTS OF THE ILLINOIS BELL TELEPHONE COMPANY TO FACILITIES AS DISCLOSED BY
LETTER DATED JULY 23, 1993 FROM H. M. MOELLER OF THE ILLINOIS BELL TELEPHONE
COMPANY.
(AFFECTS PART IN RANDALL ROAD ONLY)
P 17. RIGHTS OF THE COMMONWEALTH EDISON COMPANY TO FACILITIES AS DISCLOSED BY LETTER
DATED AUGUST 24, 1993 FROM RONALD RUFFIE OF THE COMMONWEALTH EDISON COMPANY.
(AFFECTS PARTS IN RANDALL ROAD AND IN BIG TIMBER ROAD ONLY)
Q 18. ORDINANCE OF CITY OF ELGIN RECORDED JULY 19, 1993 AS DOCUMENT 93K53550 AS TO
ALLOCATION OF COST OF SANITARY SEWER IMPROVEMENTS.
(AFFECTS LAND AND OTHER PROPERTY)
R 19 . MEMO OF AGREEMENT RECORDED AUGUST 9, 1993 AS DOCUMENT 93K59714 MADE BY C&L
FARMS, INC. , SELLER AND SHERMAN HEALTH SYSTEMS, PURCHASER, AS TO RIGHTS IN
LAND DESCRIBED ON THIS DOCUMENT.
5 20. NOTE: LAND PART OF FOX RIVER WATER RECLAMATION DISTRICT PER ORDINANCE RECORDED
AUG. 25, 1993 AS DOCUMENT 93K64683
D 21. CITY OF ELGIN ORDINANCE RECORDED JULY 19, 1993 AS DOCUMENT 93K53550 AS TO
RECAPTURE OF SEWER LINE.
M 22 . 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.
N 23 . REFER INQUIRES 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 **
RCSCHICO PAGE B 3
m-n M,TP 07/2g/94 13 .27•RR
03 — 3/- 4:ccrz, - oz7 ___,L -,
•
•
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,
ail 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
tketk.", .
Authorized Signatory
Providing Title Related Services Since 1847
ORDER NO. : 1410 000417763 KA
am�rrc r•w t`W n7/97/94 1 4 .41 -59
• • CHICAGO TITLE INSURANCE COMPANY
• RESIDENTIAL COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
OUR REFERENCE: BIG TIMBER WATER MAIN PROJECT ORDER NO. : 1410 000417763 KA
E114ECTIVE DATE: JUNE 20, 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 EIHHHECTIVE DATE VESTED IN:
SHERMAN HEALTH SYSTEMS, AN ILLINOIS NOT-FOR-PROFIT CORPORATION
4. MORTGAGE OR TRUST DEED TO BE INSURED:
NONE
ZCSCHAI
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CHICAGO TITLE INSURANCE COMPANY
RESIDENTIAL COMMITMENT FOR TITLE INSURANCE
SCHEDULE A (CONTINUED)
ORDER NO. : 1410 000417763 KA
S. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
THAT PART 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 NORTHEAST
CORNER OF THE SAID SOUTHEAST 1/4 OF SECTION 31; THENCE NORTH 88 DEGREES 47
MINUTES 45 SECONDS WEST, ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4, A DISTANCE
OF 558.23 FEET TO AN EXISTING IRON STAKE FOR THE POINT OF BEGINNING; THENCE SOUTH
02 DEGREES 06 MINUTES 07 SECONDS WEST, A DISTANCE OF 463.27 FEET; THENCE NORTH 88
DEGREES 18 MINUTES 23 SECONDS WEST 1128.31 FEET; THENCE SOUTH 03 DEGREES 23
MINUTES 00 SECONDS WEST 870.70 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST
1/4 OF SAID SOUTHEAST 1/4 THAT IS 395 FEET WEST OF THE SOUTHEAST CORNER OF SAID
NORTHWEST 1/4 OF THE SOUTHEAST 1/4; THENCE NORTH 88 DEGREES 41 MINUTES 39 SECONDS
WEST ALONG SAID SOUTH LINE 925 FEET TO THE WEST LINE OF SAID SOUTHEAST 1/4;
THENCE WEST ALONG SAID WEST LINE TO THE NORTHWEST CORNER OF SAID SOUTHEAST 1/4;
THENCE EAST ALONG SAID NORTH LINE TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF
DUNDEE, KANE COUNTY, ILLINOIS.
tRLEG L
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• CHICAGO TITLE INSURANCE COMPANY
RESIDENTIAL COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
ORDER NO. : 1410 000417763 KA
1. WE SHOULD BE FURNISHED A PROPERLY EXECUTED ALTA STATEMENT AND,
UNLESS THE LAND INSURED IS A CONDOMINIUM UNIT, A SURVEY IF
AVAILABLE. MATTERS DISCLOSED BY THE ABOVE DOCUMENTATION WILL BE
SHOWN SPECIFICALLY.
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.
A 3. TAXES FOR THE YEAR 1993 ARE PAYABLE IN 2 INSTALLMENTS.
PERMANENT INDEX NUMBER b3-31-400-029-0000
THE FIRST INSTALLMENT, AMOUNTING TO $135.41, IS PAID.
THE SECOND INSTALLMENT, AMOUNTING TO $135.41, IS NOT DELINQUENT BEFORE
SEPTEMBER 2, 1994 .
TAXES FOR 1994 NOT YET DUE OR PAYABLE.
•
B 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 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.
N 5. THE RECORDING OF ANY DEED, OTHER INSTRUMENT OF CONVEYANCE OF THE LAND, OR
ASSIGNMENT OF THE BENEFICIAL INTEREST UNDER A LAND TRUST MAY BE SUBJECT TO
REAL ESTATE TRANSFER TAXES LEVIED BY THE CITY OF ELGIN AND IS SUBJECT TO PRIOR
APPROVAL BY THE DIRECTOR OF FINANCE. PAYMENT OF ANY OUTSTANDING SUMS OF MONEY
DUE THE CITY, FREEDOM FROM VIOLATION OF MUNICIPAL ORDINANCES, AS WELL AS
PAYMENT TO DATE OF WATER/SEWER BILLS ARE REQUIRED TO OBTAIN STAMPS. IN THE
ABSENCE OF STAMPS OR EXEMPTION, THE RECORDER OF DEEDS IS REQUIRED BY STATE LAW
TO REFUSE TO RECORD THE INSTRUMENT OF CONVEYANCE OR ASSIGNMENT.
0 6. LIEN IN FAVOR OF THE CITY OF ELGIN TO WHICH THE LAND WILL BECOME SUBJECT IN
THE EVENT THAT A DEED OF CONVEYANCE THEREOF OR AN ASSIGNMENT OF THE BENEFICIAL
INTEREST THEREIN IS RECORDED WITHOUT HAVING AFFIXED THERETO THE REVENUE STAMPS
REQUIRED BY ORDINANCE NO. G18-94, EFFECTIVE JULY 1, 1994.
[ 7. 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.
D 8. RIGHTS OF WAY FOR DRAINAGE TILES,. DITCHES, FEEDERS AND LATERALS, IF ANY.
F 9. AN ORDINANCE ALLOCATING COST OF CERTAIN WATER SYSTEM IMPROVEMENTS TO
BENEFITTED PROPERTIES BY CITY OF ELGIN RECORDED SEPTEMBER 23, 1981 AS DOCUMENT
15881381.
•
G 10. MEMO OF AGREEMENT FOR OPTION MADE BY C & L FARMS INC. TO CMI) ELGIN ASSOCIATES,
AN ILLINOIS LIMITED PARTNERSHIP, OPTIONEE RECORDED MARCH 5, 1991 AS DOCUMENT
91K09734
(AFFECTS PART OF THE LAND IN SOUTH EAST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH,
•
Rc CU8i
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' CHICAGO TITLE INSURANCE COMPANY
RESIDENTIAL COMMITMENT FOR TITLE INSURANCE
SCHEDULE B (CONTINUED)
ORDER NO. : 1410 000417763 KA
RANGE 8) .
H 11. MEMO OF AGREEMENT RECORDED AUGUST 9, 1993 AS DOCUMENT 93K59714 MADE BY C&L
FARMS AND SHERMAN HEALTH SYSTEMS, SEE DOCUMENT FOR DETAILS.
I 12. ANNEXATION TO FOX RIVER WATER RECLAMATION DISTRICT RECORDED AUGUST 25, 1993 AS
DOCUMENT 93K64683.
J 13. NOTWITHSTANDING THE INSURING PROVISIONS OR ANY OTHER PROVISION CONTAINED
HEREIN, .THE COMPANY DOES NOT INSURE AGAINST LOSS OR DAMAGE CAUSED BY A LACK OF
A RIGHT OF ACCESS TO AND FROM THE LAND.
K 14. ORDINANCE #T3-93 ALLOCATING THE COST OF CERTAIN SANITARY SEWER IMPROVEMENTS TO
BENEFITTED PROPERTIES BY CITY OF ELGIN RECORDED JULY 19, 1993 AS DOCUMENT
93K53550.
L 15. 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.
M 16. REFER INQUIRIES REGARDING THIS COMMITMENT TO CINDA WIERSEMA 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
•
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