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Home My WebLink About97-304 Recorded Resolution No. 97-304 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR SANITARY SEWER AND WATER MAIN ALONG BIG TIMBER ROAD 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 on behalf of the City of Elgin with the Union National Bank of Elgin, not individually, but as t/u/t 41386 dated 3/12/90, the Union National Bank of Elgin, not individually, but as t/u/t #1385 dated 3/12/90, GS&S Building Partnership and Elgin Labor Temple Association, Inc . for the installation, maintenance, operation, repair, renewal and replacement of a sanitary sewer and water main along Big Timber Road, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: December 17, 1997 Adopted: December 17 , 1997 Omnibus Vote: Yeas 7 Nays 0 At_t est : s/ Dolonna Mecum Dolonna Mecum, City Clerk • i T'.ILL. 98K003152 ► -� r�f t: 15 1,2 EASEMENT AGREEMENT FOR SANITARY SEWER AND WATER MAIN ALONG BIG TIMBER ROAD FROM UNION NATIONAL BANK OF ELGIN, NOT INDIVIDUALLY, BUT AS TRUSTEE UNDER TRUST NO. 1386 DATED 3/12/90, UNION NATIONAL BANK OF ELGIN, NOT INDIVIDUALLY, BUT AS TRUSTEE UNDER TRUST NO. 1385 DATED 3/12/90, G S & S BUILDING PARTNERSHIP, ELGIN LABOR TEMPLE ASSOCIATION AN ILLINOIS NOT-FOR-PROFIT CORPORATION TO 0o CITY OF ELGIN After recording return to: This document prepared by: Dolonna Mecum William A. Cogley Elgin City Clerk City of Elgin /1 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 l9 / i 9eK003152 EASEMENT AGREEMENT I. EASEMENT In consideration of Ten and No/100 Dollars ( $10 . 00 ) and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Union National Bank of Elgin, not indi- vidually, but as Trustee under Trust No . 1386 dated 3/12/90, Union National Bank of Elgin, not individually, but as Trustee under Trust No. 1385 dated 3/12/90, G S & S BUILDING PARTNERSHIP, Elgin Labor Temple Association, an Illinois not-for-profit corpo- ration ( "Grantors" ) does hereby grant, convey and transfer to the CITY OF ELGIN, an Illinois Municipal Corporation, ( "Grantee" ) free and clear of all encumbrances, the following easements: A. A perpetual utility easement over, under and upon the premises legally described as follows: A 20 .0 foot Sanitary Sewer and Water Main Easement over, upon and under that part of the West fractional half of Section 4, Township 41 North, Range 8 East of the Third Principal Merid- ian, described as follows: Commencing at the intersection of the North line of said point being also the Southeast corner of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian; thence South 0 degrees 02 minutes 30 seconds West along the center line of Randall Road, 126 . 58 feet; thence South 89 degrees 57 minutes 04 seconds West, 70 . 0 feet to the West right of way line of Randall Road; thence South 0 degrees 02 minutes 30 seconds West along said right of way line, 65 . 67 feet; thence Southerly along said right of way line, being on a curve to the right having a radius of 11,428 . 07 feet and an arc distance of 400 . 97 feet (the chord of the last described line bearing South 01 degree 02 minutes 49 seconds West, a distance of 400 . 95 feet) ; thence South 60 degrees 55 minutes 47 seconds West along said right of way line, 50 .46 feet to the Northeasterly right of way line of Big Timber Road for the point of beginning; thence North 58 degrees 15 minutes 34 seconds West along said Northeasterly right of way line being 50 . 0 feet Northeasterly of and parallel to the center line of Big Timber Road, 457 .87 feet; thence North 31 degrees 41 minutes 08 seconds East, 20 . 0 feet; thence South 58 degrees 15 minutes 34 seconds East 20.0 feet Northeasterly of and parallel to said Northeasterly right of way line of Big Timber Road, 469 . 06 feet; thence South 60 degrees 55 minutes 47 seconds West along the Wester- ly right of way line of Big Timber Road, 22 . 91 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. and as depicted in the plat attached hereto as Exhibit A and made a part hereof, for the installation, maintenance, operation, repair, renewal and replacement and all related appurtenances of a sanitary sewer and water main. Grantor, its ' successors and assigns shall not erect any permanent structures over said ease- ments other than surface coverings and pavement. CPL."- saK00315a • B. Both the utility easement and the access easement shall run with the land and shall be in favor of the Grantee, its successors and assigns and are granted on the following terms: 1. Term The easement granted hereunder shall be perpetual and commence on the date hereof. 2 . Indemnity of Grantor The Grantee hereby agrees to protect, indemnify, defend and hold harmless the Grantors, their tenants, successors and assigns from any costs, expenses, damages, suits or claims against the Grantors and/or their tenants, successors and assigns and resulting from Grantee's activities upon the easement premises . 3. Restoration Grantee agrees that, upon the completion of any maintenance, repair or replacement of the water main, all disturbed areas will be immediately restored to the original condition. 4. This Agreement shall be binding upon the Grantor and Grantee and any successors and/or assigns and shall run with the land. DATED: (Lay 33 , 1996 UNION NATIONAL BANK of Elgin, not individually, but as t/u/t #1386 dated 3/12/90 �g5ARgFICER 2HThERESANRCAANK 'LIMON BY L .� IOL I.. / / � ATTEST: CC $FE ATTACHEDEXCULPATORY LANGUAGE. UNION NATIONAL BANK of Elgin, not individually, but as t/u/t #1385 dated 3/12/90 BY: \1,c ; .�f T 0 - IHERESA L. HARDY, TRUST OFFICER o UNION NATIONAL BANK ATTEST: u `^� J czr,SEE ATTACHED EXCULPATORY LANGUAGE GS&S BUILDING PARTNERSHIP By: lc f BY: �YtL v,.rr AP;,'�2 2) ELGIN LABOR TEMPLE ASSOCIATION, INC. , an Illinois n`t - .r-profit corporation, CITY OF EGG I / BY: i-c.� / i Ret rn Recorded Document To: 2400 disk Wiliam A Cogley Attest: Sewer 150 Dextergin 1C' r Elgin, IL 68?20-5555 98 K 0 0 3 1 5 2 • EXCULPATORY LANGUAGE It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the warranties, indemnities, representations, covenants, undertakings.,and agreements herein made on the part of the Trustee while in form purporting to be the warranties, indemnities, representations, covenants, undertakings and agreements of said Trustee are nevertheless each and every one of them, made and intended not as personal warranties, indemnities, representations, covenants, undertakings and agreements by the Trustee or for the purpose or with the intention of binding said Trustee personally but are made and intended for the purpose of binding only that portion of the trust property specifically described herein, and this instrument is executed and delivered by said Trustee not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against the Union National Bank and Trust Company of Elgin or any of the beneficiaries under said Trust Agreement, on account of this instrument or on account of any warranty, indemnity, representation, covenant, undertaking or agreement of the said Trustee in this instrument contained, either expressed or implied, all such personal liability, if any, being expressly waived and released. V 98K003152 PLAT OF EASEMENT EXHIBIT "Au SHEET 2 of 2 OF PROPERTY DESCRIBED AS: A 20 .0 foot Sanitary Sewer Easement over, upon and under that part of the West fractional half of Section 4 , Township 41 North, Range 8 East of the Third Principal Meridian, described as follows : Commencing at the intersection of the North line of said Section 4 with the center line of Randall Road, said point being also the Southeast corner of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian; thence South 0 degrees 02 minutes 30 seconds West along the center line of Randall Road, 126 . 58 feet ; thence South 89 degrees 57 minutes 04 seconds West, 70.0 feet to the West right of way line of Randall Road; thence South 0 degrees 02 minutes 30 seconds West along said right of way line , 65 .67 feet ; thence Southerly along said right of way line , being on a curve to the right having a radius of 11 ,428.07 feet and an arc distance of 400. 97 feet ( the chord of the last described line bearing South 01 degree 02 minutes 49 seconds West , a distance of 400 . 95 feet) ; thence South 60 degrees 55 minutes 47 seconds West along said right of way line, 50 .46 feet to the Northeasterly right of way line of Big Timber Road for the point of beginning; thence North 58 degrees 15 minutes 34 seconds West along said Northeasterly right of way line being 50.0 feet Northeasterly of and parallel to the center line of Big Timber Road, 457 . 87 feet; thence North 31 degrees 41 minutes 08 seconds East, 20.0 feet ; thence South 58 degrees 15 minutes 34 seconds East 20. 0 feet Northeasterly of and parallel to said Northeasterly right of way line of Big Timber Road, 469 .06 feet ; thence South 60 degrees 55 minutes 47 seconds West along the Westerly right of way line of Big Timber Road, 22.91 feet to the point of beginning, in the Township of Elgin, Kane County, Illinois. 98K003152 PLAT OF EASEMENT . , . EXHIBIT A SHEET I of 2 N No2TH LINO of s6LTtoKI 4-44-0 -) _- 3 9 o. _ S.S9S?'-04" w. oo0 ' CGAl_E: 1": 100' i0.O 1 V f .O 1 \ � NP 0 0 N T 6 J -,, ( 0 °J 2 o S 0 ,(ri O . < 0 8•�S: \� '' IN 4 0 a 00 = q it o" a r/A/ \\ ,,P, e • a c, (o Coo 2A\xl 961 003152 r ,1 of e1/4,, 4, )(f\ �� ^ City of Elgin Agenda Item No. a 4111. November 21, 1997 TO: Mayor and Members of the City Council FROM: Robert O. Malm, Interim City Manager SUBJECT: Water Main and Sanitary Sewer Easements at 2400 Big Timber Road PURPOSE The purpose of the memorandum is to provide the Mayor and members of the City Council with information to consider acceptance of the subject easements . BACKGROUND In 1988 the Elgin Labor Temple extended sanitary sewer along Big Timber Road from Randall Road to their western property line. They also extended water main into their property from Randall Road. The Labor Temple is granting the City a 20 foot sanitary and water main easement along their southerly property line and a 10 foot water main easement 170 feet from their easterly property line to 'the west. Easements are shown on the attached Exhibit A. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED John Early, Early, Collison, Tousey, Regan Wlodek and Morrow 01,FINANCIAL IMPACT 1 The document recording fee of $30 .00 will be paid for by the City. AilLEGAL IMPACT one. ALTERNATIVES None. r Water Main and Sanitary Sewer Easements/2400 Big Timber Road November 21, 1997 Page 2 RECOMMENDATION It is recommended that the City Council accept the easements and authorize the City Clerk to record the easements with Kane County. Respectfully submitted, ' --2-;.)--‹29---r , _ David L. Lawry, P.E. Di or of Public s i `off, Ro t 0. Maim Inte im City Manager JE/do Attachment r ,_-,-------- ..i.‘0 ." ‘0 cc) \AS °C. rl. '-% Ck • -- 0 ' , AP' r '\tsi• '--Th ••-•r e,c;\ 0 /. 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