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HomeMy WebLinkAbout97-256 Recorded Resolution No. 97-256 RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT OF EASEMENT FOR UTILITIES, ROADWAY AND A BICYCLE AND PEDESTRIAN PATHWAY (Willow Bay Club, Heartland Meadows Unit 11 ) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a grant of easement for utilities, roadway purposes and a bicycle path and pedestrian pathway for the property legally described on Exhibit A, attached hereto and made a part hereof . 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: October 22 , 1997 Adopted: October 22 , 1997 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk FLED FOR RECORD '� ; tE COUN Y, ILL. GRANT OF 9 7 K 0 7 8 7 4 9 97 'OV 13 PH 4: I5 EASEMENT THIS GRANT OF EASEMENT is If made this 29thday of October , 1997 by PULTE HOME CORPORATION, a Michigan corporation ("Grantor") in favor of the CITY OF ELGIN, ILLINOIS, a municipal corporation, COMMONWEALTH EDISON COMPANY, AMERITECH,NORTHERN ILLINOIS GAS COMPANY, JONES INTERCABLE, INC. and AMERITECH NEW MEDIA, INC. (collectively referred to herein as "Grantee"). (The Above Space For Recorder's Use Only) Grantor is the owner of a parcel of land located in the City of Elgin, Illinois, a municipal corporation, legally described in Exhibit A and depicted in Exhibit B, attached hereto (the "Easement Parcel"). In consideration of Ten Dollars in hand paid and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor makes the following grants: Po 1. Grant for Easements. A. Easement for Utilities 3 Grantor hereby grants and conveys to Grantee and Grantee's respective successors and assigns, a permanent non-exclusive easement to construct, install, reconstruct, operate and maintain all wires, lines, cables, conduits, manholes, catch basins and appurtenances thereto necessary or desirable for the provision of utility services, in, under, along and across the Easement Parcel (inclusive of those portions thereof falling within the areas designated as Parcels A, B and C of"Roadway Easement or Blanket Utility Easement" and "20' Bicycle & Pedestrian Pathway Easement"), except for those portions of the Easement Parcel labeled on Exhibit B as "Exception to Blanket Easement", together with all reasonable rights of ingress and egress across the Easement Parcel necessary for the exercise of the rights herein granted. 0a 97K0787491 .' 1 B. Easement for Roadway Grantor hereby grants and conveys to the City of Elgin and its respective successors and assigns, a permanent non-exclusive easement for ingress and egress for vehicular and pedestrian traffic over, along, upon and across those portions of the Easement Parcel labeled and legally described on Exhibit B as Parcels A, B and C of"Roadway Easement and Blanket Utility Easement," such easement to be for the benefit of the City of Elgin and the general public. C. Easement for Bicycle & Pedestrian Pathway Grantor hereby grants and conveys to the City of Elgin and its successors and assigns, a permanent non-exclusive easement for ingress and egress for bicycle and pedestrian traffic over, along, upon and across that portion of the Easement Parcel labeled and legally described on Exhibit B as "20' Bicycle and Pedestrian Pathway Easement," such easement to be for the benefit of the City of Elgin and the general public. 2. Reservation of Use of Easement Parcel. Grantor expressly reserves the right to use the Easement Parcel for ingress and egress and for any other use that does not unreasonably interfere with Grantee's use of the Easement Parcel, including but not limited to gardens, shrubs, landscaping, hard surfaced driveways, aisles and parking areas. In addition, Grantor reserves the right, at Grantor's expense, at any time following the initial installation of utilities within the Easement Parcel described in Exhibit A attached hereto, to relocate such utilities within the Easement Parcel; provided, however, that such relocation does not cause an interruption of the provision of Grantee's service or increase any costs in connection with the provision of such service; and further provided that the alternative location within the Easement Parcel is acceptable to Grantee. No permanent buildings shall be placed on the Easement Parcel except on those areas labeled on Exhibit B as "Exception to Blanket Easement". 3. Maintenance of Easement Parcel. Grantor shall maintain the Easement Parcel. In particular, Grantor shall trim or, to the extent necessary, remove such trees, roots, bushes and other obstructions from the surface and subsurface of the Easement Parcel which interfere with the operation of the utilities. Any such maintenance or obstruction removal shall be at Grantor's sole expenseiand risk. Grantee shall be responsible for backfilling and grading any trenches excavated in the course of installing, repairing, maintaining and operating the utility systems. 4. Grantor. ,97K078749 .r The term "Grantor" as used in this Grant of Easement means only the owner or owners of the Easement Parcel at the then current time so that in the event of any assignment, conveyance or other transfer, once or successively, of the Easement Parcel, Grantor shall be entirely freed and relieved of all covenants and obligations of Grantor hereunder occurring and accruing after such assignment, conveyance or other transfer, and Grantee agrees to look to the assignee, grantee or other transferee with respect thereto. Upon the recording of a Declaration of Condominium affecting the Easement Parcel, the "Association" therein described shall become responsible for the performance of Grantor's covenants and obligations hereunder. 5. Binding Effect: Covenants Run With Land. The easements, reservations, covenants, conditions, restrictions, burdens, uses, privileges and charges created under this Grant of Easement shall exist at all times hereafter amongst, and be binding upon all parties having or acquiring any right, title or interest in or to any portion of, or interest or estate in, the Easement Parcel and each of the foregoing shall run with the land. 6. Warranty of Title. Grantor represents and warrants to Grantee that Grantor has good and defeasible fee simple title to the Easement Parcel, and has authority to grant the easement provided herein. IN WITNESS WHEREOF, Grantor has executed this document as of the 29th day of October , 1997. PULTE HOME CORPORATION By: . s A) AedLh- Its: Attorneys-in-F ct This Instrument Was Prepared By: RETURN TO AFTER RECORDING: Crystal Pruess Bush Dolonna Mecum Gardner, Carton& Douglas Elgin City Clerk 321 North Clark Street 150 Dexter Court Suite 3400 Elgin, IL 60120 Chicago, Illinois 60610 cz 1' .!" _ 97K078749 f • STATE OF ILLINOIS ) ) SS. COUNTY OF Cook ) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that Orest Chryniwsky and W. Michael Rhoads who are personally known to me to be the Attorneys-in-Fact of PULTE HOME CORPORATION, a Michigan corporation, and who are personally known to me to the be same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as Attorneys-in-Fact of said corporation, pursuant to authority given by the Board of Directors of said corporation, as their free and voluntary act and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this 29th day of October , 1997. 1 otary Public Commission Expire • "OFFICIAL SEAL" JANICE HALLOWELL,Notary Public McHenry County,State of Illinois My Commission Expires 06/03/2000 97K078749 . t EXHIBIT A Legal Description That part of the East Half of the Southwest Quarter and the West Half of the Southeast Quarter of Section 28, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Commencing at the Southeast corner of the Southwest Quarter of said Section 28; thence South 89 degrees 34 minutes 04 seconds West along the South line of said Southwest Quarter, 820.27 feet to a point 500.0 feet East of the Southwest corner of the East Half of said Southwest Quarter; thence North 00 degrees 07 minutes 10 seconds East, parallel with the West line of the East Half of said Southwest Quarter, 520.00 feet to a point for a place of beginning; thence South 89 degrees 34 minutes 04 seconds West, parallel with the South line of said Southwest Quarter, 458.00 feet of the East line of Randall Road; thence North 00 degrees 03 minutes 55 seconds East along said East Line, 1561.21 feet to a line 550.0 feet South of and parallel with the North line of said Southwest Quarter; thence North 89 degrees 52 minutes 33 seconds East along said parallel line, 889.49 feet to a line 930.0 feet East of and parallel with the West line of the East Half of said Southwest Quarter; thence Southwesterly along a curved line convex Southeasterly and having a radius of 315.00 feet, an arc distance of 201.72 feet to a point of tangency (the chord of said arc bears South 18 degrees 27 minutes 53 seconds West, 198.29 feet); thence South 36 degrees 48 minutes 36 seconds West along a line tangent to said last described curved line at said last described point, 326.64 feet to a point of curvature; thence Southwesterly along a curved line convex Northwesterly, having a radius of 1035.00 feet and being tangent to said last described line at said last described point, an arc distance of 739.53 feet to a point of tangency (the chord of said arc bears South 16 degrees 20 minutes 26 seconds West, 723.89 feet); thence South 04 degrees 07 minutes 44 seconds East along a line tangent to said last described curved line at said last described point, 264.47 feet to a point of curvature; thence Southeasterly along a curved line convex Southwesterly, having a radius of 335.00 feet and being tangent to said last described line at said last described point, an arc distance of 131.94 feet to a point of tangency (the chord of said arc bears South 15 degrees 24 minutes 43 seconds East, 131.09 feet); thence South 26 degrees 41 minutes 42 seconds East along a line tangent to said last described curved line at said last described point, 11.36 feet; thence South 63 degrees 18 minutes 18 seconds West, 33.67 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. PIN: 06-28-300-018 Property Address: Vacant land south of Bowes Road 97K078749 300858 t 0.2