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HomeMy WebLinkAbout98-101 Recorded Resolution No. 98-101 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH WISPARK CORPORATION WHEREAS, Wispark Corporation, a Wisconsin Corporation, is the contract purchaser of property along Randall Road; and WHEREAS, Wispark Corporation intends to complete its acquisition of title to said property on or about May 1, 1998; and WHEREAS, upon Wispark Corporation' s acquisition of said property Wispark Corporation and the City of Elgin desire to enter into an easement agreement whereby Wispark Corporation shall grant to the City of Elgin easements for a water main and sanitary sewer line over a portion of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that upon Wispark Corporation providing the Corporation Counsel evidence of its acquisition of the property which includes the proposed easement premises 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 Wispark Corporation for a water main and sanitary sewer line easement, a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the easement to be recorded in the Office of the Recorder of Deeds of Kane County, Illinois . s/ Kevin Kelly Kevin Kelly, Mayor Presented: April 22 , 1998 Adopted: April 22 , 1998 Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk FILED FOR RECORD f °,I COUNTY.ILL. 98K037895 9snr( PM 4: 15 RECORDER Ce�l�recte� EA L W .1 4 . gi R. 'Res. No. q 8- ►01 -Res...- 9B K09$-400 EASEMENT AGREEMENT BETWEEN WISPARK CORPORATION AND THE CITY OF ELGIN 07 Th M u1 `) Z After recording return to: Dolonna Mecum Elgin City Clerk 150 Dexter Court Elgin, IL 60120 t�. ssK037895 EASEMENT AGREEMENT THIS NDENTURE, made and entered into this / ' day of , 1 99Y, by and between WISPARK CORPORATION, a Wisconsin corporation, heina ter referred to as "Grantor" , and the CITY OF ELGIN, a municipal corporation, hereinafter referred to as the "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 municipal water main and 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 : PARCEL ONE : THAT PART TO THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 30; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 30 ; A DISTANCE OF 62 . 67 FEET TO THE WEST RIGHT OF WAY LINE OF RANDALL ROAD FOR A POINT OF BEGINNING; THENCE THE FOLLOWING TWO COURSES ALONG SAID WEST LINE; (1) THENCE SOUTH 00 DEGREES 51 MINUTES 58 SECONDS EAST, 750 . 45 FEET; (2) THENCE SOUTH 00 DEGREES 40 MINUTES 40 SECONDS EAST, 574 . 58 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SAID NORTHEAST QUARTER; THENCE SOUTH 88 DEGREES 40 MINUTES 41 SECONDS WEST ALONG SAID NORTH LINE, 49 . 54 FEET TO A LINE 109 . 50 FEET WESTERLY OF AND PARALLEL WITH THE CENTERLINE OF SAID RANDALL ROAD; THENCE THE FOLLOWING TWO (2) COURSES ALONG SAID PARALLEL LINE; (1) THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 85834 . 17 FEET, A CHORD BEARING OF NORTH 00 DEGREES 40 MINUTES 27 SECONDS WEST, A CHORD LENGTH OF 574 . 97 FEET FOR AN ARC LENGTH OF 574 . 97 FEET TO A POINT OF TANGENCY; (2) THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST 750. 01 FEET TO SAID NORTH LINE OF SECTION 30; THENCE NORTH 88 DEGREES 37 MINUTES 46 SECONDS EAST ALONG SAID NORTH LINE, 49 . 50 FEET TO THE POINT OF BEGINNING; CONTAINING 1 . 50 ACRES, MORE OR LESS . PARCEL TWO : THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 62 . 67 FEET TO THE WEST RIGHT OF WAY LINE OF RANDALL ROAD FOR A POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, ALONG SAID SOUTH LINE, 49 . 50 FEET TO A c:Iwv6Jlcccs wis.d.v;.eas 98K037895 LINE 109 . 50 FEET WESTERLY OF AND PARALLEL WITH THE CENTERLINE OF SAID RANDALL ROAD; THENCE THE FOLLOWING TWO (2) COURSES ALONG SAID PARALLEL LINE; (1) THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, 854 . 23 FEET TO A POINT OF CURVATURE; (2) THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 11349 . 66 FEET FOR AN ARC LENGTH OF 432 . 69 FEET TO THE NORTH LINE OF THE SOUTH 1286 . 85 FEET OF THE EAST HALF OF SAID SOUTHEAST QUARTER; THENCE NORTH 88 DEGREES 37 MINUTES 46 SECONDS EAST ALONG SAID NORTH LINE, 49 . 52 FEET TO SAID WEST RIGHT OF WAY LINE OF RANDALL ROAD; THENCE THE FOLLOWING TWO COURSES ALONG SAID WEST LINE; (1) THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 11399 . 16 FEET, A CHORD BEARING OF SOUTH 01 DEGREES 57 MINUTES 17 SECONDS EAST, A CHORD LENGTH OF 433 .10 FEET, FOR AN ARC LENGTH OF 433 . 13 FEET TO A POINT OF TANGENCY, (2) THENCE SOUTH 00 DEGREES 51 MINUTES 58 SECONDS EAST, 853 . 80 FEET TO THE POINT OF BEGINNING, CONTAINING 1.46 ACRES MORE OR LESS . FURTHER, Grantor does hereby grant and convey to the City a temporary construction easement in, upon and over the following described real property in the County of Kane, State of Illinois, more particularly described as : PARCEL THREE: THAT PART OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF SAID- SECTION 30; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 30, A DISTANCE OF 112 . 17 FEET TO A LINE 109 . 50 FEET WESTERLY OF AND PARALLEL WITH THE CENTERLINE OF RANDALL ROAD FOR A POINT OF BEGINNING; THENCE THE FOLLOWING TWO (2) COURSES ALONG SAID PARALLEL LINE; (1) THENCE SOUTH 00 DEGREES 51 MINUTES 58 SECONDS EAST, 750 . 01 FEET TO A POINT OF CURVATURE; (2) THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 85834 . 17 FEET FOR AN ARC LENGTH OF 574 . 97 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SAID NORTHEAST QUARTER; THENCE SOUTH 88 DEGREES 40 MINUTES 41 SECONDS WEST ALONG SAID NORTH LINE, 50 . 01 FEET TO A LINE 159 . 50 FEET WESTERLY OF AND PARALLEL WITH SAID CENTERLINE OF RANDALL ROAD; THENCE THE FOLLOWING TWO (2) COURSES ALONG SAID PARALLEL LINE; (1) THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 85784 . 17 FEET, A CHORD BEARING OF NORTH 00 DEGREES 40 MINUTES 26 SECONDS WEST, A CHORD LENGTH OF 575 . 34 FEET, FOR AN ARC LENGTH OF 575 . 37 FEET TO A POINT OF TANGENCY; THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, 749 . 57 FEET TO SAID NORTH LINE OF SECTION 30, THENCE NORTH 88 DEGREES 37 MINUTES 46 SECONDS EAST, ALONG SAID NORTH LINE, 50 . 00 FEET TO THE POINT OF BEGINNING, CONTAINING 1 . 52 ACRES, MORE OR LESS. c:I wp601docslwisgalvi.eas 98KO378g5 • PARCEL FOUR: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 112 . 17 FEET TO A POINT 109 . 50 FEET WESTERLY OF THE CENTERLINE OF RANDALL ROAD FOR A POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST ALONG SAID SOUTH LINE, 50 . 00 FEET TO A LINE 159 . 50 FEET WESTERLY OF AND PARALLEL WITH THE CENTERLINE OF SAID RANDALL ROAD; THENCE THE FOLLOWING TWO (2) COURSES ALONG SAID PARALLEL LINE; (1) THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, 854 . 67 FEET; (2) THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 11299 . 66 FEET FOR AN ARC LENGTH OF 432 . 25 FEET TO THE NORTH LINE OF THE SOUTH 1286 . 85 FEET OF THE EAST HALF OF SAID SOUTHEAST QUARTER; THENCE NORTH 88 DEGREES 37 MINUTES 46 SECONDS EAST ALONG SAID NORTH LINE 50 . 02 FEET TO A LINE 109 . 50 FEET WESTERLY OF AND PARALLEL WITH THE CENTERLINE OF RANDALL ROAD; THENCE THE FOLLOWING TWO (2) COURSES ALONG SAID PARALLEL LINE; (1) THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 11349. 66 FEET, A CHORD BEARING OF SOUTH 01 DEGREES 57 MINUTES 30 SECONDS EAST, A CHORD LENGTH OF 432 . 67 FEET, FOR AN ARC LENGTH OF 432 . 69 FEET TO A POINT OF TANGENCY; (2) THENCE SOUTH 00 DEGREES 51 MINUTES 58 SECONDS EAST, 854 . 23 FEET TO THE POINT OF BEGINNING, CONTAINING 1 . 48 ACRES, MORE OR LESS . This grant of easement is executed, delivered, and granted upon the following conditions : 1 . Said temporary construction easement shall expire twelve (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, that Grantor has the right to construct a road across the easement and the right to place landscaping other than trees upon the easement . The City shall replace or repair any such pavement or landscaping damaged by City to repair or maintain the municipal water main or sanitary sewer line . 3 . The City agrees to indemnify 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 municipal water main or sanitary sewer line or during maintenance or repair thereof from time to time . c:Iwp6O docslwisgalvi.eas 98 1(037895 The terms and conditions of the easements granted herein shall be binding upon Grantor and the City, and upon their heirs, executors, successors, and assigns. CITY OF E GIN BY: 75jKevin Kelly, M or ATTEST: ti Dolona Mecum, City Clerk WISPARK CORPORATION, a Wisconsin corporation By: is President V1CC, ATTEST: �-f etary V�L� PRr�+JJJT STATE OF ILLINOIS COUNTY OF KANE I , the undersigned, a Notary Public in and for and residing in Kane County, in the said State aforesaid, do hereby certify that ;„. 6-attE_e�- Lk LPresident of WISPARK CORPORATION, and � K (4e((e,- , •b� f? ' thereof, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Secretary, respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary act of said Corporation, for the uses and purposes therein set forth, and the said Secretary did also then and there acknowledge that he as custodian of the corporate seal of said Corporation to said instrument as his own free and voluntary act and as the free and voluntary act of said Corporation for the uses and purposes therein set forth. Given under my hand and seal this 4- day of 998 . This instrument prepared by: Richard L. Heimberg /b.,.a..A.w�� Attorney at Law OFFICIAL SEA Notar Pub is 2425 Royal Boulevard 4 RICHARD L. HEIMBEfk'' Elgin, IL 60123 NOTARY PUBLIC, STATE OF ILLINOit My Commission Expires July 1, 1998 98K037895 ifl§ • s PLAT OF EASEMENT .ate fg t, z EXHIBIT "A" m m r— Q m Yrw.r t.slawr Rr+Ywr[.Y..t 1111.0 I: :PLOtr aMu r L• u,+R:. LLLL w s VY snz Ma .e1w W wh". r ..e" n w K'rE,Il t....aaG f.:M .-Fr v im.IPg .ar ,K.01 Y.r(,r 1.,K•40.1.6 o rr o .m Ya `AST ' TO I.I.T' ',V"L'`� iKv 'a .11 1 L:.: .LuYmu.iwmr~ 1oMn1MI .o" r o � .. Y o CO r.Yr TUT..L..[Y.r ` n..aur I..., LC✓ . Y Tw. .a •Y 02Ma.ao. Tod L . � o " L �"L'4" Y11a .�P. o.Y AC CAST ACK WOco /"1 }i M n,..>Mi...Lar.,.,,c,.0.acL.a+[w..u. S ,LL,r.is.Lo,'r`.�w,oiL,Li'�K �.aa a seas.p�::Y•°' I �8/ Cr! ET 1 zz i.e ax .1 " Ig pc.Q E it di vi i] : i ka 12 PROPERTY DEED 971(003924 IS Il PROPERTY DEED 97K010339 !Ti r ..• '` L".r r� '1J „Fllj/ ' 31>A),-‘7.\,,,,:‘,,,;,...,—m,.,.",e. « <_«� ��1����1. «� zrr i' S t r u.Ls .`a".s 4:w'.."`.." S i { 5.,, .o r.rw, S% a i 74.{+µOMt-R006--t __- _s. am___ __-__ x:: L V. e . • ;.: ,,:.. COWHEY GUDMUNDSON LEDER, LTD. REVISIONS GALVIN PROPERTY PROJECT NO. �° s/1EETE s 300 PARK BOULEVARD LH. a.y. _ DATE 12-99-11 ITASCA. ILLINOIS 60143 • _ ` •— EASEMENT PLAT 1 CONSULTING ENGINEERS (630) 250-9595 =_ _ _ ELGIN, ILLINOIS SCALE BY BY ' 10° DRAWN BY COR 1 CNECKEO BY_CO I' LED FOR RECORD tC c CCIUNTY,ILL. 98K098700 98OCT 26 PM 4: IS RECORDER EASEMENT AGREEMENT THIS INDENTURE, made and entered into this 2e day of June, 1998 , by and between WISPARK CORPORATION, a Wisconsin corporation, hereinafter referred to as "Grantor" , and the CITY OF ELGIN, a municipal corporation, hereinafter referred to as the "City" , Witnesseth: That this Agreement is intended to supercede and amend in its entirey a certain Easement Agreement executed by and between Grantor and Grantee dated May 1, 1998, and recorded in the Office of the Kane County Recorder on May 4, 1998 , as Document No. 98K037895 . 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 00 maintenance of a municipal water main and 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 : vo PARCEL ONE: THOSE PARTS OF THE NORTHEAST QUARTER OF SECTION 30, AND THE SOUTHEAST QUARTER OF SECTION 19 ALL IN TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 30 ; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 30 , A DISTANCE OF 62 . 67 FEET TO THE WEST RIGHT OF WAY LINE OF RANDALL ROAD PER DOCUMENT NUMBER 97K066511 FOR A POINT OF BEGINNING; THENCE THE FOLLOWING TWO COURSES ALONG SAID WEST LINE; (1) THENCE SOUTH 00 DEGREES 51 MINUTES 58 SECONDS EAST, 750 .45 FEET; (2) THENCE SOUTH 00 DEGREES 40 MINUTES 40 SECONDS EAST, 574 . 58 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SAID NORTHEAST 0 , `u 98K098700 QUARTER; THENCE SOUTH 88 DEGREES 40 MINUTES 41 SECONDS WEST ALONG SAID NORTH LINE, 49 . 54 FEET TO A LINE 109 . 50 FEET WESTERLY OF AND PARALLEL WITH THE CENTERLINE OF SAID RANDALL ROAD; THENCE THE FOLLOWING THREE (3) COURSES ALONG SAID PARALLEL LINE; (1) THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 85834 . 17 FEET, A CHORD BEARING OF NORTH 00 DEGREES 40 MINUTES 27 SECONDS WEST, A CHORD LENGTH OF 574 . 97 FEET FOR AN ARC LENGTH OF 574 . 97 FEET TO A POINT OF TANGENCY; (2) THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, 750 . 01 FEET TO SAID NORTH LINE OF SECTION 30 ; (3) THENCE CONTINUING 00 DEGREES 51 MINUTES 58 SECONDS WEST, 550 . 02 FEET TO THE NORTH LINE OF THE SOUTH 550 FEET OF THE EAST HALF OF SAID SOUTHEAST QUARTER OF SECTION 19 ; THENCE NORTH 88 DEGREES 37 MINUTES 46 SECONDS EAST ALONG SAID NORTH LINE; 49 . 50 FEET TO SAID WEST RIGHT OF WAY LINE OF RANDALL ROAD; THENCE SOUTH 00 DEGREES 51 MINUTES 58 SECONDS EAST ALONG SAID WEST RIGHT OF WAY LINE, 550 . 02 FEET TO THE POINT OF BEGINNING, CONTAINING 2 . 13 ACRES, MORE OR LESS . FURTHER, Grantor does hereby grant and convey to the City a temporary construction easement in, upon and over the following described real property in the County of Kane, State of Illinois, more particularly described as : PARCEL TWO: THOSE PARTS OF THE NORTHEAST QUARTER OF SECTION 30 , AND THE SOUTHEAST QUARTER OF SECTION 19 ALL IN TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 30 ; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 30 , A DISTANCE OF 112 . 17 FEET TO A LINE 109 . 50 FEET WESTERLY OF AND PARALLEL WITH THE CENTERLINE OF RANDALL ROAD FOR A POINT OF BEGINNING; THENCE THE FOLLOWING TWO (2) COURSES ALONG SAID PARALLEL LINE; (1) THENCE SOUTH 00 DEGREES 51 MINUTES 58 SECONDS EAST, 750 . 01 FEET TO A POINT OF CURVATURE; (2) THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 85834 . 17 FEET FOR AN ARC LENGTH OF 574 . 97 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SAID NORTHEAST QUARTER; THENCE SOUTH 88 DEGREES 40 MINUTES 41 SECONDS WEST ALONG SAID NORTH LINE, 50 . 01 FEET TO A LINE 159 . 50 FEET WESTERLY OF AND PARALLEL WITH SAID CENTERLINE OF RANDALL ROAD; THENCE THE FOLLOWING THREE (3) COURSES ALONG SAID PARALLEL LINE; (1) THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 85784 . 17 FEET, A CHORD BEARING OF NORTH 00 DEGREES 40 MINUTES 26 SECONDS WEST, A CHORD LENGTH OF 575 . 37 FEET, FOR AN ARC LENGTH OF 575 . 37 FEET TO A POINT OF TANGENCY, ; THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, 749 . 57 FEET TO SAID NORTH LINE OF SECTION 30 ; (3) THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST, 550 . 02 FEET TO THE NORTH LINE OF THE SOUTH 550 FEET OF THE EAST HALF OF SAID SOUTHEAST QUARTER OF SECTION 19; THENCE NORTH 88 DEGREES 37 MINUTES 46 SECONDS EAST ALONG SAID NORTH LINE, 50 . 00 FEET TO SAID 109 . 50 FOOT PARALLEL LINE; THENCE SOUTH 00 DEGREES 51 MINUTES 58 SECONDS EAST, 550 . 02 FEET TO THE POINT OF BEGINNING, CONTAINING 2 . 15 ACRES MORE OR LESS. 98K098100 This grant of easement is executed, delivered, and granted upon the following conditions : 1 . Said temporary construction easement shall expire twelve (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, that Grantor has the right to construct a road across the easement and the right to place landscaping upon the easement . The City shall replace or repair any such pavement or landscaping damaged by City to repair or maintain the municipal water main or sanitary sewer line. 3 . The City agrees to indemnify 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 municipal water main or sanitary sewer line or during maintenance or repair thereof from time to time . The terms and conditions of the easements granted herein shall be binding upon Grantor and the City, and upon their heirs, executors, successors, and assigns . CITY OF ELGIN BY: c�i -- Kevin Kelly, May ATTEST: D lona Mecum, City Clerk WISPARK CORPORATION, a Wisconsin corporation By. J. P. o io- Vice President ATTEST: 7fig4.4_ „V..'s L.k. c.✓ Vice President 98K090700 STATE OF ) COUNTY OF -KANE Js3ha W I, the undersigned, a Notary Public in and for and residing in K4ne County, in the said State aforesaid, do hereby certify that J. P. Franke, Vice President, of WISPARK CORPORATION, and John Heller, Vice President thereof, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Vice Presidents, respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary act of said corporation, for the uses and purposes therein set forth, and the said Vice President did also then and there acknowledge that he as custodian of the corporate seal of said Corporation to said instrument as his own free and voluntary act and as the free and voluntary act of said Corporation for the uses and purposes therein set forth. Given under my hand and official seal this 11) day of June, 1998 . Not lic THIS INSTRUMENT PREPARED BY: Richard L. Heimberg, Esq. 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