HomeMy WebLinkAbout97-218 Recorded Resolution No. 97-218
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
FOR SANITARY SEWER PURPOSES
( Industrial Developments International, Inc. )
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 an
Easement Agreement for sanitary sewer purposes from Industrial
Developments International, Inc . , for the property legally
described as follows :
That part of the South Half of Section 31,
Township 42 North, Range 8 East of the Third
Principal Meridian, all in Kane County, Illinois,
described as follows :
Commencing at the Northeast corner of the
Southeast Quarter of Section 5, Township 41 North,
Range 8 East of the Third Principal Meridian; thence
North 15 degrees 41 minutes 30 seconds East, 563. 71
feet; thence North 56 degrees 46 minutes 01 seconds
West 161 . 11 feet to an iron pipe found at the
Southeast corner of Lot 2 in Gary Subdivision per
Document Number 1683914 ; thence North 00 degrees 19
minutes 08 seconds East along the East line of said
Lot 2, 189 . 68 feet for a point of beginning and a
curve, said curve being 60 . 00 feet Southwesterly of
and concentric with the center line of Big Timber
Road; thence 287 . 17 feet Northwesterly along said
curve, concave Northeasterly, having a radius of
22, 978 . 30 feet and a chord bearing of North 56
degrees 07 minutes 08 seconds West, a chord distance
of 287 . 17 feet to a point of tangency; thence North
55 degrees 45 minutes 38 seconds West along a line
60 . 00 feet south of and parallel with the center line
of Big Timber Road 298 . 10 feet to the West line of
parcel 3 of Warranty Deed (per Document Number
97K021191) ; thence North 34 degrees 02 minutes 23
seconds East along said line 20 . 00 feet to a line
40. 00 feet South of and parallel with said center
line of Big Timber Road; thence South 55 degrees 45
minutes 38 seconds East along said line 298 . 17 feet
to a point of curvature; thence 273 . 83 feet
Southeasterly along a curve 40 . 00 feet Southwesterly
of and concentric with the center line of said Big
Timber Road, curve concave Northeasterly, having a
radius of 22, 958 . 30 feet and a chord bearing of South
56 degrees 06 minutes 09 seconds East, a chord
distance of 273. 82 feet to the East line of said
Lot 2 ; thence South 00 degrees 19 minutes 08 seconds
West along said line 23 . 91 feet to the point of
beginning, in Kane County, Illinois .
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to cause the Easement Agreement to be
recorded in the office of the Recorder of Deeds of Kane County,
Illinois .
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: August 27 , 1997
Adopted: August 27 , 1997
Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
FILED FOR RECORD
KANE COUNTY.ILL.
97K064394 97SEP 24 PM3: 45
MAP ATTAt' .�,.:a/
EASEMENT AGREEMENT
FROM
INDUSTRIAL DEVELOPMENTS INTERNATIONAL, INC.
TO
CITY OF ELGIN
0
After recording return to:
Dolonna Mecum
Elgin City Clerk
150 Dexter Court
Elgin, IL 60120
.3/ �
91K064394
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT made and entered into this Agryday of
"-UQ U S 'T , 1997, by an between the City of Elgin, an Illinois municipal corporation,
(hereinafter referred to as the "City"), and Industrial Developments International, Inc., a
Delaware corporation(hereinafter referred to as the "Grantor")and
WITNESSETH
WHEREAS, the Grantor owns real property located along Big Timer Road in Kane
County, Illinois; and
NOW, THEREFORE, for and in consideration of the mutual promises, agreements and
undertakings as set forth herein, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1. That Grantor, being the owner of the property referenced herein, does hereby grant to
the City of Elgin, an Illinois municipal corporation, an exclusive ease to install,
construct, operate, maintain, locate, repair or remove a sanitary sewer line in that
parcel of land located on the property of the Grantor, and legally described on Exhibit
A attached hereto and made a part hereof by this reference (hereinafter referred to as
the"Easement Premises").
2. That following the exercise by the City of any easement rights granted herein, the
City shall promptly repair and restore the Easement Premises to the same condition as
existed immediately prior to the existence of such rights as is reasonably practicable
and shall leave the Easement Premises and surrounding premises free from debris.
.97K064394
3. That the City for itself, its agents and independent contractors, hereby agrees to
indemnify and hold Grantor and their successors harmless from all damages or claims
arising as a result of the City's work in the Easement Premises during construction or
during any subsequent maintenance or repair thereof The City further agrees to
indemnify and hold harmless Grantor from any and all liens placed against the
Easement Premises arising from said construction activities.
4. That the Grantor and their successors shall not erect any permanent structures on the
Easement Premises nor undertake any other activities on the Easement Premises
which unreasonably interfere with the City's use of the Easement Premises; provided
that Grantor reserves the right to make such other uses of the surface of the Easement
Premises as Grantor deems necessary or desirable, including, without limitation, the
installation of paving, parking, driveways, streets, curbing, guttering and landscaping.
5. That this agreement constitutes the entire agreement between the parties and is
intended as a complete and exclusive statement of the terms of the parties agreement,
and it supercedes all prior and concurrent promises, representations, proposals,
negotiations, discussions and agreements that may have been made in connection
with the subject matter hereof
6. That this agreement shall be governed by and construed in accordance with the laws
of the state of Illinois.
7. That the City shall not assign this agreement or any interest herein or any rights
hereunder without the prior written consent of Grantor.
8. That this agreement shall be binding on the parties hereto, their successors and
permitted assigns.
97K064394
•
9. That this agreement shall be recorded by the City at the City's cost with Kane County
Recorder.
IN WITNESS WHEREOF, the parties have entered into and executed the Easement Agreement
on the date and year first written above.
CITY OF ELGIN, an Illinois INDUSTRIAL DEVELOPMENTS
municipal corporation INTERNATIONAL I.• "
a Delaware co a '►
By By Aide//
Mayor (/
�'a G
Attest: Attest:
i204-14,0-‹ 1 t, 1-, :--
017%?/A
`
•
City Clerk
OMIEL L WEBB
ASSISTANT SECRETARY
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 Kevin Kelly, Mayor, personally known to me to be the same person whose
name is subscribed to the foregoing instrument, appeared before me this day in person and
acknowledged that he signed
and delivered the said instrument as his free and voluntary act of the uses and purposes therein
set forth.
Given under my hand an official seal,this cY1 day of 4,6/ri, , 1997.
LLft( V �1e�}
Notary Public
OFFICIAL SEAL
SUELLYN LOSCH
NOTARY PUBLIC,STATE OF ILLINOIS
MY COMMISSION EXPIRES:1O/27PMS
97K064394
•
STATE O —
COUNTY OE Y° -- `�
I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do
hereby certify that ,4-11,�0.,'60' axeir. , }-,t,g`, ,,,.# , is personally known to me to be
the same person whose ithme is subscribed4O the foregoing instrument, appeared before me this
day in person and acknowledged that he signed and delivered the said instrument as his free and
voluntary act of the uses and purposes therein set forth.
Given under my hand an official seal, this rjt day of ,
1997.
4114114. Air
1)0 • I -
MY 'nl 1 b�jN =
6 1'F
This Instrument Prepared by MARCH �'@1`; � '. . .
and return to: • '
John Benson
Industrial Developments International, Inc.
One Lincoln Centre
Suite 1060
Oakbrook Terrace, IL 60181
v
97K064394
0 OF 40
(0 -3)
OG z City of Elgin Agenda Item No.
ay ,iq
n
August 21, 1997
TO: Mayor and Members of the City Council
FROM: Robert 0. Malm, Interim City Manager
SUBJECT: Big Timber Road Sewer Extension Easement -
IDI Development
PURPOSE
The purpose of this memorandum is to present to the Mayor and
members of the City Council an easement agreement with Indus-
trial Development International for the extension of the Big
Timber Road sewer line to the IDI project site.
BACKGROUND
In order to extend the Big Timber sewer line to serve the
epw eastern 57 acres of the IDI site, permanent sewer line ease-
ments must be secured. The line is currently under construc-
tion and is being installed on the south side of Big Timber
Road. All the necessary easements are in place except for the
three parcels that had been occupied by the Wilharm family
homes . IDI now owns the property and has demolished the
homes. IDI is granting the easements at no cost to the City.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
All affected property owners will be consulted.
FINANCIAL IMPACT
None.
LEGAL IMPACT
441 None.
ALTERNATIVES
None.
F
Big Timber Road/IDI Development
Page Two
RECOMMENDATION
Authorize staff to accept sewer line easement from Industrial
Development International.
Respectfully submitted,
Ir c/'66
Raymond H. Moller
Director of Business Services
and Properties
S-464:
David L. Lawry, P.E
•
I11
' - .or of Public ks - -
overt O. Ma m
In erim City Manager
RHM/skg
Attachment
•
ow
E
» A99
LEGAL DESCRIPTION:
THAT PART OF THE SOUTH HALF OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST
OF THE THIRD PRINCIPAL MERIDIAN, ALL IN KANE COUNTY, ILLINOIS, DESCRIBED AS
FOLLOWS.-
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION
5, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN;
THENCE NORTH 15 DEGREES 41 MINUTES 30 SECONDS EAST, 563.71 FEET;
THENCE NORTH 56- DEGREES 46 MINUTES 01 SECONDS WEST, 161.11 FEET TO AN IRON PIPE
FOUND AT THE SOUTHEAST CORNER OF LOT 2 IN GARY SUBDIVISION PER DOCUMENT
NUMBER 1683914:
THENCE NORTH 00 DEGREES 19 MINUTES 08 SECONDS EAST ALONG THE EAST LINE- OF
SAID LOT 2, 189.68 FEET FOR A POINT OF BEGINNING AND A CURVE, SAID CURVE BEING
60.00 FEET SOUTHWESTERLY OF AND CONCENTRIC WITH THE CENTER LINE OF BIG
TIMBER ROAD;
THENCE 287.17 FEET NORTHWESTERLY ALONG SAID CURVE, CONCAVE NORTHEASTERLY,
HAVING A RADIUS OF 22,978.30 FEET AND A CHORD BEARING OF NORTH 56 DEGREES 07
MINUTES 08 SECONDS WEST, A CHORD DISTANCE OF 287.17 FEET TO A POINT OF
TANGENCY;
THENCE NORTH 55 DEGREES 45 MINUTES 38 SECONDS WEST ALONG A LINE 60.00 FEET
SOUTH OF AND PARA1 J L WITH THE CENTER LINE OF BIG TIMBER ROAD 298.10 FEET TO
THE WEST LINE OF PARCEL 3 OF WARRANTY DEED (PER DOCUMENT NUMBER 97K021191);
THENCE NORTH 34 DEGREES 02 MINUTES 23 SECONDS EAST ALONG SAID LINE 20.00 FEET
TO A LINE 40.00 FEET SOUTH OF AND PARALLEL WITH SAID CENTER LINE OF BIG TIMBER
ROAD;
THENCE SOUTH 55 DEGREES 45 MINUTES 38 SECONDS EAST ALONG SAID LINE 298.17 FEET
TO A POINT OF CURVATURE•
THENCE 273.83 FEET SOUTHEASTERLY ALONG A CURVE 40.00 FEET SOUTHWESTERLY OF
AND CONCENTRIC WITH THE CENTER LINE OF SAID BIG TIMBER ROAD, CURVE CONCAVE
NORTHEASTERLY, HAVING A RADIUS OF 22,958.30 FEET AND A CHORD BEARING((OF
SOUTH,'56 DEGREES 06 MINUTES 09 SECONDS EAST, A CHORD DISTANCE OF 273.82 FEET TO-
THE EAST LINE OF SAID LOT 2;
THENCE SOUTH 00 DEGREES 19 MINUTES 08 SECONDS WEST ALONG SAID LINE 23.91 FEET
TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS.
I .
Heretofore Dedicated
per Doc. 376208
line Bearing Distance
LI S 55°45'38" E 298.17'
1,2 A' 34'02;2.37E 20.00
Z' C• L3 S 00'19 08' if N 23.91"
L4 N 00'1908 E 39.47
,, L5 S 55'45,36", E 50.66'
C' Curve Radius Length Chord Bearins Chord Distance
\
y `'\.) CV1 22,978.30' 287.17' A56'07'08" W 287.17'�yj'7.5:2? N3 CV2 22,958.30' 27383' S 56'06'09" E 273.82'
s d• 6CV3 22„918.30' 247.13' S 56'04'11" E 247.12'
j , '6•
."y; �
o,
o``a',Oti1� \ •' 1 0;��,o (171.36),
Q c�';`c \— !•2 171.,26'
°` P cr S55°45'38"E
ce cs ,0 .I, j�?„ \ -&,.,•,(S55'57.36-E),
n P ,,
Ce ' p” r 4- s.I6 - o a
c •
. •h `. .ems"
/ 00' Je, SOS o'10. �� -6:i6 a6
o Lr
I\ c\i C ; CO43P^orP \ o
o F
o� / / 70'��f s C ' �9J9 �- o�� N4i oc C116 e ' lKe
J t\ �� p� G' �`�, 0.0°� 7Js G ai !i• 0 R SPg�,. .ke. . ,
\, i ��Oi 6� c 2J �� °�°a��`` �c°° nA V. 0 F,.1"• SPS 01 r
l / rt)' ' o•" -----%P2 0.<1.c. F °o Ana F°09� f°•,n6 Ilne &
,-\ --20' Easement for C 2 ?y / F° °n
Found 1.P A°`. Ingress & Egress 8ek
2'
/ ,. s Dedicated
at cors .c Doc 1683914 P B.----- W / eroc. 582006
(112.00') ft°e Gary Subdivision
112.18' S f- , - - / Permit to 1.B.T "only applies to that part
c^9 s4s Doc. 1663914 2 CO_.0 "y •9' , .p of Fractional Sec. 4 that lies in Big Timber
/�°44 10'E .1,9 �s3•. .j9' '��o �, �,� Rd. per Doc. 929149
(A'72°55'DD`NJ �i� o>" e i
South line of Sec 31-42-84' S6)J S PIN 03-31-400-008 `�9sd�o
(Dundee Township) t 2O jB. C - .)
— — ` � 5 4 — \ ..`, Heretofore Dedicated
(Elgin Township) Ke (133. 6'
North line of Sec 5-41-8 ''S7?.) PIA' 06-04-100-001 / per Doc 582005
Northeast Corner of 'PSC S line oft SE 1/4 'P,
OC Section 5-41-8 •
"'6. 1 4(5- Section 31 <�`,j?yi
C .4,7,5_70?) (-Found 1.P. .69 o• •\.
Fourd I.P. t ' ' !'- 0.38' W & 8.02' A'.
C at cor '5. •Q1'' of the SE cor. of the W. 1/2 '"� Found R.R Spike at P.T
• /�bSG`5" of the SE 1/4 of Sec 31-42-8 "—Found P.X Nail with
washer 0.04 N.
G Found IP
2.56' E. &
PIN 06-05-200-005C. on line N-S
PIA' 06-04-100-007
(Undivided Farm Land)