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HomeMy WebLinkAbout97-96 Recorded • Resolution No. 97-96 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT FOR A SEWER LINE ON BIG TIMBER ROAD ( Ian A. Thomas and Barbara J. Thomas) 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 for the construction and maintenance of a sewer line from Ian A. Thomas and Barbara J. Thomas, over the property legally described as follows : PERMANENT EASEMENT A 20-Foot wide easement, for the purpose of the construction and maintenance of a sewer line, lying and being the southwesterly 20. 00 feet of the northeasterly 60 . 00 feet of the parcel of land described in Document no. 92K90592, recorded December 15, 1992, and which parcel of land is more particularly described as follows : That part of the Southwest quarter of the Southeast quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows : Commencing at an iron stake marking the Northeast corner of the Southeast quarter of Section 5, Township 41 North, Range 8 East of the Third Principal Meridian; thence North 14 degrees 52 minutes 13 seconds East 812 . 51 feet on a line to an iron stake in the center line of Big Timber Road, (said line intersects the South line of the Southeast quarter of Section 31 aforesaid, at a point 133 .98 feet West of the center line of Big Timber Road, as measured along said South line) ; thence North 56 degrees 36 minutes 25 seconds West, 531 . 52 feet to a point in the center line of Big Timber Road for a point of beginning; thence South 27 degrees 00 minutes 00 seconds West 305 . 0 feet; thence North 72 degrees 55 minutes 00 seconds West 112 . 0 feet; thence North 17 degrees 11 minutes 02 seconds East 350. 42 feet to a point in the center line of Big Timber Road; thence South 55 degrees 57 minutes 36 seconds East along said center line 171 . 36 feet to the point of beginning, in the Township of Dundee, Kane County, Illinois . Said easement containing 0 . 08 Acres, more of less, in the Township of Dundee, Kane County, Illinois. TEMPORARY CONSTRUCTION EASEMENT A 40-Foot wide Easement, for the purpose of the construction and maintenance of a sewer line, lying and being the south westerly 40 . 00 feet of the northeasterly 100 . 00 feet of the parcel of land described in Document No. 92K90592, recorded Decem- ber 15, 1992, and which parcel of land is more particularly described as follows : That part of the Southwest quarter of the Southeast quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows : Commencing at an iron stake marking the Northeast corner of the Southeast quarter of Section 5, Township 41 North, Range 8 East of the Third Principal Meridian; thence North 14 degrees 52 minutes 13 seconds East 812 . 51 feet on a line to an iron stake in the center line of Big Timber Road, (said line intersects the South line of the Southeast quarter of Section 31 aforesaid, at a point 133 . 98 feet West of the center line of Big Timber Road, as measured along said South line) ; thence North 56 degrees 36 minutes 25 seconds West, 531 .52 feet to a point in the center line of Big Timber Road for a point of beginning; thence South 27 degrees 00 minutes 00 seconds West 305 . 0 feet; thence North 72 degrees 55 minutes 00 seconds West 112 . 0 feet; thence North 17 degrees 11 minutes 02 seconds East 350 . 42 feet to a point in the center line of Big Timber Road; thence South 55 degrees 57 minutes 36 seconds East along said center line 171 . 36 feet to the point of beginning, in the Township of Dundee, Kane County, Illinois . Said easement containing 0 . 14 acres, more or less, in the Township of Dundee, Kane County, Illinois . 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: March 26, 1997 Adopted: March 26, 1997 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk nLrr RE-7.CORD 9 7 K 0 2 2 2 7 6 pn I: t5 GRANT OF EASEMENT FROM IAN A. THOMAS AND BARBARA J. THOMAS TO CITY OF ELGIN cee %Al After recording return to: Dolonna Mecum Elgin City Clerk 150 Dexter Court 11) Elgin, IL 60120 c i . uK022276 GRANT OF EASEMENT THIS INDENTURE, made and entered into this 2 day of , 1997, by and between Ian A. and Barbara J. Thomas, -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 Four Thousand Dollars ($4 , 000) and other good and valuable consideration the suffi- ciency of which is hereby acknowledged, Grantor does hereby grant and convey to the City a permanent and exclusive ease- ment for the construction and maintenance of a 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 WATER MAIN EASEMENT A 20-Foot wide easement, for the purpose of the construc- tion and maintenance of a sewer line, lying and being the southwesterly 20 . 00 feet of the northeasterly 60 . 00 feet of the parcel of land described in Document no. 92K90592 , recorded December 15, 1992 , and which parcel of land is more particularly described as follows : That part of the Southwest quarter of the Southeast quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows : Commencing at an iron stake marking the Northeast corner of the Southeast quarter of Sec- tion 5, Township 41 North, Range 8 East of the Third Principal Meridian; thence North 14 degrees 52 minutes 13 seconds East 812 . 51 feet on a line to an iron stake in the center line of Big Timber Road, (said line intersects the South line of the Southeast quarter of Section 31 aforesaid, at a point 133 . 98 feet West of the center line of Big Timber Road, as measured along said South line) ; thence North 56 degrees 36 minutes 25 seconds West, 531 . 52 feet to a point in the center line of Big Timber Road for a point of beginning; thence South 27 degrees 00 minutes 00 seconds West 305 . 0 feet; thence North 72 degrees 55 minutes 00 seconds West 112 . 0 feet; thence North 17 degrees 11 minutes 02 seconds East 350 . 42 feet to a point in the center line of Big Timber Road; thence South 55 degrees 57 minutes 36 seconds East along said center line 171 . 36 feet to the point of beginning, in the Township of Dundee, Kane County, Illinois . Said easement containing 0 . 08 Acres , more of less, in the Township of Dundee, Kane County, Illinois. 91K022276 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 : TEMPORARY CONSTRUCTION EASEMENT A 40-Foot wide Easement, for the purpose of the construction and maintenance of a sewer line, lying and being the south westerly 40 . 00 feet of the northeasterly 100 . 00 feet of the parcel of land described in Document No. 92K90592, recorded Decem- ber 15, 1992, and which parcel of land is more particularly described as follows : That part of the Southwest quarter of the Southeast quarter of Section 31, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows : Commencing at an iron stake marking the Northeast corner of the Southeast quarter of Sec- tion 5, Township 41 North, Range 8 East of the Third Principal Meridian; thence North 14 degrees 52 minutes 13 seconds East 812 . 51 feet on a line to an iron stake in the center line of Big Timber Road, (said line intersects the South line of the Southeast quarter of Section 31 aforesaid, at a point 133 . 98 feet West of the center line of Big Timber Road, as measured along said South line) ; thence North 56 degrees 36 minutes 25 seconds West, 531 . 52 feet to a point in the center line of Big Timber Road for a point of beginning; thence South 27 degrees 00 minutes 00 seconds West 305 . 0 feet; thence North 72 degrees 55 minutes 00 seconds West 112 . 0 feet; thence North 17 degrees 11 minutes 02 seconds East 350. 42 feet to a point in the center line of Big Timber Road; thence South 55 degrees 57 minutes 36 seconds East along said center line 171 . 36 feet to the point of beginning, in the Township of Dundee, Kane County, Illinois. Said easement containing 0 . 14 acres, more or less, in the Township of Dundee, Kane County, Illinois . 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 con- `7 struct a road across the easement and the right to place landscaping upon the easement. The City shall replace . .97K022276 or repair any such pavement or landscaping damaged by City to repair or maintain the sewer line. 3 . The City agrees to indemnify the Grantor for any damages to the property within the easement of any claims aris- ing directly as a result of the City' s work upon the easement either during construction of the sewer line or during maintenance or repair of the sewer line. 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: //H�'_r� BY: Ian A. Thomas Barbara J. Thomas r BY: Gam""1 Kevin Kelly Attest: 9-44A-1,4 /441-e„a4.--- Dolonna Mecum, City Clerk 97K022276 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 74(J A 7 /),' 0 , 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 xj i day of , 1997 . (44- / •t y Pusl'c "OFFICIAL SEAL" MARIA LUISA S. GOLDBERG Notary Public, State of Illinois My Commission Expires 6123/97 Prepared by: Erwin Jentsch Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120 .97K022276 POOR COPY Recorder Not Responsible For Reproductions �� NDN ` � N N. N N N. N N NN N N N N N N N 0‘ -1 \\\\ - �Jr \ ` c. r i . _ . ` '�e,- 11-1.,11!* / • 11 ii 'lit 4I4 / tNN 14 4114i, y / / . ..._ , / . Q / 3a ft = rx / d)- - //im, ri; / ii b � _ , 3 .a....- 0 -2-1------... z - („) g1k0ai6 fi z 0 K LTi�O'd X500 TSS 0�9 i. .97 O2Zt �Nd3H '8 HOadi' Z7:L© 966t-LZ-nON Nuv- (-i b VJ(.4J Jt-11-Uri 6. YtJ ttJ H t1HIt5 O.:,6 .:=D1 GG,7J t'.1=/1 ' Z 7 ' 5 . / &74 V / //} ffi 0 POOR COPY // 0 i•g IT 1 Recorder Not Responsible / W _. For Reproductions // § � / tlkea / / 7 (EI* E .4,¢ - I '"147`� OMi 1.19 .Nr R - 1 - \ \ • N . _ N , . . . . N . . . . N. . . N . N N N N N . NN N N N NN N N N. N. N -\�� N N. �, 7 9: ;9 .1(0.22276 FILED FOR FOLCORD I' • CLUN Y. ILL. 97K022276 97 APR -9 PM 1: 45 REC0f;:tiLl