HomeMy WebLinkAbout97-250 Recorded Resolution No. 97-250
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
FOR SANITARY SEWER PURPOSES
(Knowles Electronics, 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 Knowles
Electronics, Inc. , for the property legally described as
follows:
Permanent Easement:
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, 213 . 60 feet; thence northwesterly 273 .83 feet
along a curve being 40. 00 feet southwesterly of and
concentric with the centerline of Big Timber Road,
concave northeasterly having a radius of 22 ,958 . 30
feet, a chord bearing of North 56 degrees 06 minutes
08 seconds West, and a chord distance of 273 . 82 feet
to a point of tangency; thence North 55 degrees 45
minutes 38 seconds West along a line 40 . 00 feet
southwesterly of and parallel with the centerline of
Big Timber Road, 187 . 45 feet; thence North 32 degrees
14 minutes 22 seconds East, 40 . 02 feet to the point
of beginning; thence North 55 degrees 45 minutes 38
seconds West along the centerline of Big Timber Road,
20 . 01 feet; thence North 32 degrees 14 minutes 22
seconds East, 33 . 02 feet to the northerly
right-of-way line of Big Timber Road; thence
continuing North 32 degrees 14 minutes 22 seconds
East, 31 . 94 feet; thence South 55 degrees 45 minutes
38 seconds East, parallel with the centerline of Big
Timber Road, 20 . 01 feet; thence South .32 degrees 14
minutes 22 seconds West, 31. 94 feet to said northerly
right-of-way line; thence continuing South 32 degrees
14 minutes 22 seconds West, 33 . 02 feet; to the point
of beginning, in Kane County, Illinois . Area = 1299
square feet or 0 . 029 acres .
BE IT FURTHER RESOLVED that Grantor does hereby grant and
convey to the City a temporary 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:
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 , 213 . 60 feet; thence northwesterly 273. 83 feet
along a curve being 40 . 00 feet southwesterly of and
concentric with the centerline of Big Timber Road,
concave northeasterly having a radius of 22, 958. 30
feet, a chord bearing of North 56 degrees 06 minutes
08 seconds West, and a chord distance of 273 . 82 feet
to a point of tangency; thence North 55 degrees 45
minutes 38 seconds West along a line 40 . 00 feet
southwesterly of and parallel with the centerline of
Big Timber Road, 187 . 45 feet; thence North 32 degrees
14 minutes 22 seconds East, 73 . 04 feet to the
northerly right-of-way line of Big Timber Road for
the point of beginning; thence continuing North 32
degrees 14 minutes 22 seconds East, 31 . 94 feet;
thence North 55 degrees 45 minutes 38 seconds West,
along a line parallel with the centerline of Big
Timber Road 20 . 01 feet; thence South 32 degrees 14
minutes 22 seconds West, 31 . 94 feet to said
right-of-way line; thence North 55 degrees 45 minutes
38 seconds West along said right-of-way line 20 . 01
feet; thence North 32 degrees 14 minutes 22 seconds
East, 51 . 94 feet; thence South 55 degrees 45 minutes
38 seconds East along a line parallel with the
centerline of Big Timber Road, 60 . 04 feet; thence
South 32 degrees 14 minutes 22 seconds West, 51 . 94
to said right-of-way line; thence North 55 degrees 45
minutes 38 seconds West along said right-of-way line,
20 . 01 feet to the point of beginning, in Kane County,
Illinois . Area = 2478 square feet or 0. 057 acres .
•
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: October 8, 1997
Adopted: October 8, 1997
Omnibus Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
, •
FILED FOR RECORD
h,':hECCOiTY.ILL
97K070760 97 OCT 1 7 Flt : ! 5
17.7.
EASEMENT AGREEMENT
FROM
KNOWLES ELECTRONIC, INC.
TO
CITY OF ELGIN
bo
PO
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After recording return to:
Dolonna Mecum
Elgin City Clerk al/
150 Dexter Court
Elgin, IL 60120 KafP
POORcmc,,g!w
Recorder Not R .
TA I For ,
9 7 K 0 7 0 7 6 0
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EASEMENT AGREEMENT
��
x
THIS INDENTURE, made and entered into this day of
, 'prj " t,e, 1997 , by and between Knowles Electronics , Inc. ,
a Delaware Corporation, 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 the mutual promises,
agreements and undertakings as set forth herein, and for
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 sanitary sewer line in,
upon, over and under the following described real property in
the County of Kane, State of Illinois, more particularly
described as
PERMANENT SANITARY SEWER EASEMENT
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 320 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 ,
213 . 60 FEET; THENCE NORTHWESTERLY 273 . 83 FEET ALONG
A CURVE BEING 40 . 00 FEET SOUTHWESTERLY OF AND
CONCENTRIC WITH THE CENTER LINE OF BIG TIMBER ROAD,
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 22 . 958 . 30
FEET, A CHORD BEARING OF NORTH 56 DEGREES 06 MINUTES
08 SECONDS WEST, AND A CHORD DISTANCE OF 273 . 82 FEET
TO A POINT OF TANGENCY; THENCE NORTH 55 DEGREES 45
MINUTES 38 SECONDS WEST ALONG A LINE 40. 00 FEET
SOUTHWESTERLY OF AND PARALLEL WITH THE CENTERLINE OF
BIG TIMBER ROAD, 187 .45 FEET; THENCE NORTH 32
DEGREES 14 MINUTES 22 SECONDS EAST, 40 . 02 FEET TO
THE POINT OF BEGINNING; THENCE NORTH 55 DEGREES 45
MINUTES 38 SECONDS WEST ALONG WITH CENTERLINE OF BIG
TIMBER ROAD, 20. 01 FEET; THENCE NORTH 32 DEGREES 14
MINUTES 22 SECONDS EAST, 3302 FEET TO THE NORTHERLY
RIGHT-OF-WAY LINE OF BIG TIMBER ROAD; THENCE CONTJN-
UING NORTH 32 DEGREES 14 MINUTES 22 SECONDS EAST,
31 . 94 FEET; THENCE SOUTH 55 DEGREES 45 MINUTES 38
SECONDS EAST, PARALLEL WITH THE CENTERLINE OF BIG
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•
TIMBER ROAD, 20 . 01 FEET; THENCE SOUTH 32 DEGREES 14
MINUTES 22 SECONDS WEST, 31. 94 FEET TO SAID NORTHER-
LY RIGHT-OF-WAY LINE; THENCE CONTINUING SOUTH 32
DEGREES 14 MINUTES 22 SECONDS WEST, 33 . 02 FEET; TO
THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS.
AREA = 1299 SQ. FT. OR 0 . 029 ACRES .
FURTHER, Grantor does hereby grant and convey to the City a
temporary construction easement in, upon and over the follow-
ing described real property in the County of Kane, State of
Illinois, more particularly described as :
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 ,
213 . 60 FEET; THENCE NORTHWESTERLY 273 . 83 FEET ALONG
A CURVE, BEING 40. 00 FEET SOUTHWESTERLY OF AND
CONCENTRIC WITH THE CENTERLINE OF BIG TIMBER ROAD,
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 22, 958 . 30
FEET, A CHORD BEARING OF NORTH 56 DEGREES 06 MINUTES
08 SECONDS WEST, AND A CHORD DISTANCE OF 273 . 82 FEET
TO A POINT OF TANGENCY; THENCE NORTH 55 DEGREES 45
MINUTES 38 SECONDS WEST ALONG A LINE 40.00 FEET
SOUTHWESTERLY OF AND PARALLEL WITH THE CENTERLINE OF
BIG TIMBER ROAD, 187 . 45 FEET; THENCE NORTH 32
DEGREES 14 MINUTES 22 SECONDS EAST, 73 . 04 FEET TO
THE NORTHERLY RIGHT-OF-WAY OF BIG TIMBER ROAD FOR
THE POINT OF BEGINNING; THENCE CONTINUING NORTH 32
DEGREES 14 MINUTES 22 SECONDS EAST, 31 . 94 FEET;
THENCE NORTH 55 DEGREES 45 MINUTES 38 SECONDS WEST,
ALONG A LINE PARALLEL WITH THE CENTERLINE OF BIG
TIMBER ROAD 20 . 01 FEET; THENCE SOUTH '32 DEGREES 14
MINUTES 22 SECONDS WEST, 31 . 94 FEET TO SAID RIGHT-
OF-WAY LINE; THENCE NORTH 55 DEGREES 45 MINUTES 38
SECONDS WEST ALONG SAID RIGHT-OF-WAY LINE 20 . 01
FEET; THENCE NORTH 32 DEGREES 14 MINUTES 22 SECONDS
EAST, 51 .94 FEET; THENCE SOUTH 55 DEGREES 45 MINUTES
38 SECONDS EAST ALONG A LINE PARALLEL WITH THE
CENTERLINE OF BIG TIMBER ROAD, 60 . 04 FEET; THENCE
SOUTH 32 DEGREES 14 MINUTES 22 SECONDS WEST, 51 . 94
TO SAID RIGHT-OF-WAY LINE; THENCE NORTH 55 DEGREES
45 MINUTES 38 SECONDS WEST ALONG SAID RIGHT-OF-WAY
LINE, 20. 01 FEET TO THE POINT OF BEGINNING, IN KANE
3
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COUNTY, ILLINOIS. AREA 2478 SQ. FT. OR 0. 057
ACRES .
This grant of easement is executed, delivered and is granted
upon the following conditions :
1 . Said temporary construction easement shall expire 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 sanitary sewer.
3 . That the parties understand and agree that the Easement
Premises are currently being farmed by a lessee of
Grantor. The City agrees to pay Grantor the lost rent
which would have otherwise been received by Grantor for
the farm season commencing October 8, 1997 , with respect
to the Easement Premises at the rate of Ninety Dollars
( $90 . 00) per acre.
4 _ The City agrees to indemnify the Grantor for any damages
to the property within the easement as a result of any
claims arising directly as a result of the City' s work
upon the easement premises either during construction of
the sanitary sewer line or during maintenance or repair
of the sanitary sewer.
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 .
KNOWLES ELECTRONICS, INC . CITY OF EL IN
BY: l(J BY:
ITS /' t/,;� '�yt,a_— KEVIN KELLY
e_O0 i L r
At test:L ocr�.�bo�;_s Attest: kU —
Dolonna Mecum, City Clerk
97 K 0 7 0 7 6 0 09/16/97 TUE 14:12 [TX/RX NO 7588]
SEP-16-97 TUE 14: 15 CITY OF ELGIN/CITY MGR. FAX NO. 18479315610 P. 05
STATE OF ILLINOIS
COUNTY OF KANE )
I, the undersigned, a Notary Public, in and fo said County,
in the State aforesaid, DO HERESY CERTIFY THAT v�llo.id /1
, personally known to me to be the
—Lisame pe sons whose names are subscribed to the foregoing
instrument, appeared before me this day in person, and ac-
knowledged 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 c�4 -= - day of
�1__...�, 1997 _
� A _ c � OFFICIAL DEBBIEIIEiiOWzvT
Notary Public NOTARY PUBLIC SIAtE
OF ILLIN
M CoMmission Exp ros
0'/09,
This document prepared by:
Erwin Jentsch
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120
5
97K070760
09/16/97 TUE 14:12 [TX/RX NO 7588]
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