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HomeMy WebLinkAbout97-97 Recorded Resolution No. 97-97 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT FOR A SEWER LINE ON BIG TIMBER ROAD (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 and accept a grant of easement for the construction and maintenance of a sewer line from Knowles Electronics, Inc. , over the property legally described as follows : PERMANENT EASEMENT A 20-FOOT WIDE EASEMENT, 10 FEET ON EACH SIDE OF THE CENTERLINE, LYING AND BEING THAT PART OF THE SOUTH 1/2 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN AND OF SECTIONS 4, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND WHICH CENTERLINE OF SAID EASEMENT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTH EAST 1/4 OF SECTION 5; THENCE EAST ALONG THE QUARTER SECTION LINE 1334 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF SAID SOUTH EAST 1/4; THENCE NORTH 9 DEGREES, 15 MINUTES, 0 SECONDS EAST 733 FEET TO A POINT IN THE NORTH LINE OF SECTION 5 AFORESAID 1 . 87 CHAINS EAST OF THE NORTHEAST CORNER OF THE WEST 1/2 OF THE NORTHEAST FRACTIONAL QUARTER OF SAID SECTION; THENCE NORTH 19 DEGREES, 0 MINUTES, 0 SECONDS EAST 899 . 01 FEET TO THE CENTER LINE OF THE HIGHWAY; THENCE SOUTH 55 DEGREES, 5 MINUTES, 0 SECONDS EAST ALONG THE CENTER LINE OF SAID HIGHWAY TO A POINT OF INTERSECTION WITH THE NORTHEASTERLY EXTENSION OF A LINE DRAWN THROUGH THE SOUTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 31 AND THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 5; THENCE SOUTHWESTERLY ALONG SAID NORTHEASTERLY EXTENSION LINE AND SAID LINE TO A POINT OF INTERSECTION WITH A LINE 50 . 00 FEET SOUTHWESTERLY AND MEASURED PERPENDICULARLY TO SAID CENTERLINE OF BIG TIMBER ROAD, AND THE POINT-OF-BEGINNING OF SAID EASEMENT CENTERLINE; THENCE SOUTHEASTERLY PARALLEL TO SAID ROAD CENTERLINE AND 50 . 00 FEET SOUTHWESTERLY, MEASURED PERPENDICULARLY, FOR A DISTANCE OF 905 FEET, MORE OR LESS; THENCE TURNING AN ANGLE OF 90 DEGREES TO THE RIGHT FOR A DISTANCE OF 50 . 00 FEET TO THE CENTERLINE OF SAID BIG TIMBER ROAD, IN THE TOWNSHIPS OF DUNDEE AND ELGIN, KANE COUNTY, ILLINOIS. SAID EASEMENT CONTAINING 0 .44 ACRES, MORE OR LESS, IN THE TOWNSHIPS OF DUNDEE AND ELGIN, KANE COUNTY, ILLINOIS. TEMPORARY CONSTRUCTION EASEMENT A 40-FOOT WIDE EASEMENT, LYING BETWEEN A LINE 10 FEET SOUTHWESTERLY AND SOUTHEASTERLY, AND A LINE 50 FEET SOUTHWESTERLY AND SOUTHEASTERLY OF THE CENTERLINE OF A PERMANENT EASEMENT, LYING AND BEING THAT PART OF THE SOUTH 1/2 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN AND OF SECTIONS 4, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND WHICH CENTERLINE OF SAID PERMANENT EASEMENT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTH EAST 1/4 OF SECTION 5; THENCE EAST ALONG THE QUARTER SECTION LINE 1334 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF SAID SOUTH EAST 1/4 ; THENCE NORTH 9 DEGREES, 15 MINUTES, 0 SECONDS EAST 733 FEET TO A POINT IN THE NORTH LINE OF SECTION 5 AFORESAID 1 . 87 CHAINS EAST OF THE NORTHEAST CORNER OF THE WEST 1/2 OF THE NORTHEAST FRACTIONAL QUARTER OF SAID SECTION; THENCE NORTH 19 DEGREES, 0 MINUTES, 0 SECONDS EAST 899 . 01 FEET TO THE CENTER LINE OF THE HIGHWAY; THENCE SOUTH 55 DEGREES, 5 MINUTES, 0 SECONDS EAST ALONG THE CENTER LINE OF SAID HIGHWAY TO A POINT OF INTERSECTION WITH THE NORTHEASTERLY EXTENSION OF A LINE DRAWN THROUGH THE SOUTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 31 AND THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 5; THENCE SOUTHWESTERLY ALONG SAID NORTH- EASTERLY EXTENSION LINE AND SAID LINE TO A POINT OF INTERSECTION WITH A LINE 50. 00 FEET SOUTHWESTERLY AND MEASURED PERPENDICULARLY TO SAID CENTERLINE OF BIG TIMBER ROAD, AND THE POINT-OF-BEGINNING OF SAID PERMANENT EASEMENT CENTERLINE; THENCE SOUTHEASTERLY PARALLEL TO SAID ROAD CENTERLINE AND 50. 00 FEET SOUTHWESTERLY, MEASURED PERPENDICULARLY, FOR A DISTANCE OF 905 FEET, MORE OR LESS; THENCE TURNING AN ANGLE OF 90 DEGREES TO THE RIGHT FOR A DISTANCE OF 50 . 00 FEET TO THE CENTERLINE OF SAID BIG TIMBER ROAD, IN THE TOWNSHIPS OF DUNDEE AND ELGIN, KANE COUNTY, ILLINOIS. SAID EASEMENT CONTAINING 0 . 44 ACRES, MORE OR LESS, IN THE TOWNSHIPS OF DUNDEE AND ELGIN, 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 • • r if Er} 97K022277 (17 f,Pn -9 PH 1: 45 GRANT OF EASEMENT 00 FROM KNOWLES ELECTRONICS, INC. 4-4 TO CITY OF ELGIN •!l) (g 0 After recording return to: Dolonna Mecum Elgin City Clerk 150 Dexter Court Elgin, IL 60120 0 • .31K022277 . 02/13/97 THU 12:18 FAX 63o 25o 0575 KNOWLES-ITASCA ---. DEFREES-FISKE 0003 • . t , GRANT OF EASEMENT THIS INDENTURE, made and entered into this a-zik day of , 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 Twenty Three Thousand One Hundred Dollars ($23, 100) and other good and valuable consid- eration 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 sewer line in, through, over and under the following de- scribed real property in the County of Kane, State of Illi- nois, more particularly described as: PERMANENT SEWER EASEMENT A 20-FOOT WIDE EASEMENT, 10 FEET ON EACH SIDE OF THE CENTERLINE, LYING AND BEING THAT PART OF THE SOUTH 1/2 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN AND OF SECTIONS 4, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCI- PAL MERIDIAN, AND WHICH CENTERLINE OF SAID EASEMENT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENC- ING AT THE NORTHWEST CORNER OF THE SOUTH EAST 1/4 OF SECTION 5; THENCE EAST ALONG THE QUARTER SECTION LINE 1334 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF SAID SOUTH EAST 1/4; THENCE NORTH 9 DEGREES, 15 MINUTES, 0 SECONDS EAST 733 FEET TO A POINT IN THE NORTH LINE OF SECTION 5 AFORESAID 1 . 87 CHAINS EAST OF THE NORTHEAST CORNER OF THE WEST 1/2 OF THE NORTHEAST FRACTIONAL QUARTER OF SAID SECTION; THENCE NORTH 19 DEGREES, 0 MINUTES, 0 SECONDS EAST 899 . 01 FEET TO THE CENTER LINE OF THE HIGHWAY; THENCE SOUTH 55 DEGREES, 5 MINUTES, 0 SECONDS EAST ALONG THE CENTER LINE OF SAID HIGHWAY TO A POINT OF INTERSEC- TION WITH THE NORTHEASTERLY EXTENSION OF A LINE DRAWN THROUGH THE SOUTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 31 AND THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 5 ; THENCE SOUTHWESTERLY ALONG SAID NORTH- EASTERLY EXTENSION LINE AND SAID LINE TO A POINT OF INTERSECTION WITH A LINE 50 . 00 FEET SOUTHWESTERLY AND MEASURED PERPENDICULARLY TO SAID CENTERLINE OF BIG TIMBER ROAD, AND THE POINT-OF-BEGINNING OF SAID EASEMENT CENTERLINE; THENCE SOUTHEASTERLY PARALLEL TO SAID ROAD CENTERLINE AND 50 . 00 FEET SOUTHWESTER- LY, MEASURED PERPENDICULARLY, FOR A DISTANCE OF 905 FEET, MORE OR LESS; THENCE TURNING AN ANGLE OF 90 DEGREES TO THE RIGHT FOR A DISTANCE OF 50. 00 FEET TO THE CENTERLINE OF SAID BIG TIMBER ROAD, IN THE 91K022277 TOWNSHIPS OF DUNDEE AND ELGIN, KANE COUNTY, ILLI- NOIS. SAID EASEMENT CONTAINING 0 .44 ACRES, MORE OR LESS, IN THE TOWNSHIPS OF DUNDEE AND ELGIN, KANE COUNTY, ILLINOIS. FURTHER, Grantor does hereby grant and convey to the City a temporary construction easement in, under, through and over the following described real property in the County of Kane, State of Illinois, more particularly described as : TEMPORARY CONSTRUCTION EASEMENT A 40-FOOT WIDE EASEMENT, LYING BETWEEN A LINE 10 FEET SOUTHWESTERLY AND SOUTHEASTERLY, AND A LINE 50 FEET SOUTHWESTERLY AND SOUTHEASTERLY OF THE CENTERLINE OF A PERMANENT EASEMENT, LYING AND BEING THAT PART OF THE SOUTH 1/2 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN AND OF SECTIONS 4 , TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND WHICH CENTERLINE OF SAID PERMANENT EASEMENT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF THE SOUTH EAST 1/4 OF SECTION 5; THENCE EAST ALONG THE QUARTER SECTION LINE 1334 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF SAID SOUTH EAST 1/4 ; THENCE NORTH 9 DEGREES, 15 MINUTES, 0 SECONDS EAST 733 FEET TO A POINT IN THE NORTH LINE OF SECTION 5 AFORESAID 1 . 87 CHAINS EAST OF THE NORTHEAST CORNER OF THE WEST 1/2 OF THE NORTHEAST FRACTIONAL QUARTER OF SAID SECTION; THENCE NORTH 19 DEGREES, 0 MINUTES, 0 SECONDS EAST 899 . 01 FEET TO THE CENTER LINE OF THE HIGHWAY; THENCE SOUTH 55 DEGREES, 5 MINUTES, 0 SECONDS EAST ALONG THE CENTER LINE OF SAID HIGHWAY TO A POINT OF INTERSEC- TION WITH THE NORTHEASTERLY EXTENSION OF A LINE DRAWN THROUGH THE SOUTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 31 AND THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 5 ; THENCE SOUTHWESTERLY ALONG SAID NORTH- EASTERLY EXTENSION LINE AND SAID LINE TO A POINT OF INTERSECTION WITH A LINE 50 . 00 FEET SOUTHWESTERLY AND MEASURED PERPENDICULARLY TO SAID CENTERLINE OF BIG TIMBER ROAD, AND THE POINT-OF-BEGINNING OF SAID PERMANENT EASEMENT CENTERLINE; THENCE SOUTHEASTERLY PARALLEL TO SAID ROAD CENTERLINE AND 50. 00 FEET SOUTHWESTERLY, MEASURED PERPENDICULARLY, FOR A DISTANCE OF 905 FEET, MORE OR LESS; THENCE TURNING AN ANGLE OF 90 DEGREES TO THE RIGHT FOR A DISTANCE OF 50 . 00 FEET TO THE CENTERLINE OF SAID BIG TIMBER 3 ROAD, IN THE TOWNSHIPS OF DUNDEE AND ELGIN, KANE COUNTY, ILLINOIS . 97K022277 SAID EASEMENT CONTAINING 0 .94 ACRES, MORE OR LESS, IN THE TOWNSHIPS OF DUNDEE AND ELGIN, KANE COUNTY, ILLINOIS. This grant of easement is executed, delivered and is granted upon the following conditions: 1. Said temporary construction easement shall expire June 30, 1998 . 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 sewer line. 3 . The City agrees to indemnify the Grantor for any damages to the property within the easement or any claims arising 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. 4. The City, its employees and agents, during construction and operation of the sewer line shall take all measures necessary to preserve all trees with a trunk diameter two (2) feet or greater, measured at breast height, located within an area which has as its boundaries the centerline of Big Timber Road, a line one hundred (100) feet south of and parallel to the center line of Big Timber Road and the easterly and westerly boundaries of the permanent easement. 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: Knowles Electronics, Inc. BY: ;4/// Kevin Kelly Attest: ce8614,./aL Dolonna Mecum, City Clerk )14 :s7K022277 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 le-O r cJ d 1 _ rko nA o S c C , 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 S day of 1tY1cow cA , 1997 . "OFFICIAL ..SEAL' . DEBBIE L. WOJCIEC1110%y-' 'nbI i Notary Public NOTARY PUBLIC, STATE OF My Commission Expires Q10%.' I Prepared by: Erwin Jentsch Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120 97K022277 z Yr' %LI: - I:0 % ii 4/ Ali.... -.' % . ,,, .J P aLS".' . .. b.4 7.t._4 At. . / , --N•4••: -.s.,...1 , 1_ 4 4., A. Vl$COCd,�0T t t2�� L ®c�eNopc�d . , % ,, ,-., ck.k ? i/ I 4 . .`*► rgilt-N . ,Q;t',,. &, 4. .„(5 , k, rz, -0,,, .40. 44 , . „„, . 3 1 - ts ''t,11 V.* si tt. 4 - tF‘ !AI 4,4 — 7t, _ c.,s h. t% , Will* 4 0°-444, r-- t/ / 4 i, ,91� 0?12'' ' i . -...,...1•100( z, :.:. to : : - Z . ...:-..ze- (Z, . E;-.4 61,t 4** -,„. ri 101.4_ . S**'s 4 * %IR _ *.t ' Ik* ' '\. ** . PSR COPY Recorder sponsible ' For Reproductions e. i -41/ i P9 /7. .44,1/47:\SP.,,,(Z1, 0� qi" M1 4, i 0gp i .4,,b.0 Air �� ,,, t, ,,„, . -44F 8eilti ,a `QS9�6 .. / , - LP° i 11 \ g N _ L'''''- . Alkah f---- To-f, r? 91 t022217 FILED Frfifi LPCORD h,nk!'iL 97K022277 97 APR -9 FM 1: 45 -7-,adeA. 977 C f?