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HomeMy WebLinkAbout98-241 Recorded . Resolution No. 98-241 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT FOR A WATER MAIN AND SANITARY SEWER LINE (Galvin Property/Northwest Corporate Park/Wispark) 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 an easement for the construction and maintenance of a water main and sanitary sewer line from the Galvin Family Partners, L. P. over the property legally described on the Easement Agreement attached hereto and made a part hereof . BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Easement Agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois . s/ Kevin Kelly Kevin Kelly, Mayor Presented: September 23, 1998 Adopted: September 23, 1998 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk F 11_E fl FOR RECORD CUUNTY.ILL. 981 098699 980C1 26 PH 4: 15 RECORDER EASEMENT AGREEMENT THIS INDENTURE, made and entered into this 24thday of Sept. , 1998, by and between GALVIN FAMILY PARTNERS, L. P. , hereinafter 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 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 Go SOUTHEAST CORNER OF SAID SECTION 19; THENCE SOUTH 88 DEGREES 37 ri 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 PER DOCUMENT NUMBER 97K066511; THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST ALONG SAID RIGHT OF WAY LINE, 550 . 02 FEET TO THE NORTH LINE OF THE SOUTH 550 FEET OF THE EAST HALF OF SAID W3 SOUTHEAST QUARTER OF SECTION 19 TO THE POINT OF BEGINNING; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, ALONG SAID NORTH LINE, 49 .50 FEET TO A LINE OF 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, 304 . 22 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 98K098699 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, 303 . 78 FEET TO THE POINT OF BEGINNING, CONTAINING 0 . 84 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: 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 PER DOCUMENT NUMBER 97K066511 ; THENCE NORTH 00 DEGREES 51 MINUTES 58 SECONDS WEST ALONG SAID RIGHT OF WAY LINE, 550 . 02 FEET TO THE NORTH LINE OF THE SOUTH 550 FEET OF THE EAST HALF OF SAID SOUTHEAST QUARTER OF SECTION 19; THENCE SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST, ALONG SAID NORTH LINE, 49 . 50 FEET TO A LINE 109 . 50 FEET WESTERLY OF AND PARALLEL WITH THE CENTERLINE OF SAID RANDALL ROAD FOR A POINT OF BEGINNING; THENCE CONTINUING SOUTH 88 DEGREES 37 MINUTES 46 SECONDS WEST ALONG SAID NORTH 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, 304 . 66 FEET TO A POINT OF CURVATURE; (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, 304 . 22 FEET TO THE POINT OF BEGINNING, CONTAINING 0 . 85 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 upon the easement . The City shall replace or 98 K098699 -r repair any such roadway improvements 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 and personal injury or death, in either event caused directly or indirectly by Grantee, its agents, assignees, or independent contractors 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 . 4 . Notwithstanding the provisions hereof with respect to the permanent and exclusive easement described herein, Grantor reserves unto itself, its successors and assigns, the right to install a private storm water transmission line in, upon, over, and under Parcel One described herein, provided that such storm water transmission line shall be installed in such a manner so as to not interfere with the installation and maintenance of the municipal water main and sanitary sewer line referenced herein. 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 IN By: li+ Kevin Kelly, M or ATTEST: ce(--Z-V1-2"-‹ A-(2.-,Ct/c-1-v----- Dolona Mecum, City Clerk GALVIN FAMILY PARTNERS, L. P. BY: 7 �. v-- /FEs General Partner 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 Thomas Galvin, general partner of GALVIN FAMILY PARTNERS, L.P. , personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered the said saK098699 . instrument as his free and voluntary act, for the uses and purposes therein se forth. ,j- Given undery ` and4rl nd official seal this day of August, 1998 .• �r*** LcAN S o pN Xi, OP I 14°P 0'g�3�etes�311 Notary Public M`iCe CONSENT OF CONTRACT PURCHASER WISPARK CORPORATION, contract purchaser of Parcel One and Parcel Two described herein, hereby consents to the execution and recording of the within Easement Agreement . WISPARK CORPORATION By: th �� n ice �rts� STATE OF IL OIS) KEJoSHA COUNTY OF ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT J.P. Franke, Vice President of WISPARK CORPORATION, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered the said instrument as his free and voluntary act, for the uses and purposes therein set forth. Given under my hand and official seal this 1O day of August, 1998 . qaexid Notary Public THIS INSTRUMENT PREPARED BY: Richard L. Heimberg, Esq. Brady & Jensen 2425 Royal Blvd. Elgin, IL 60123 (847) 695-2000 C: galvi.eas TvRN To ; \°-9 e!TY nF EG6/ /fo DEXTER g4.G/N, /G 6o/ad 98 K090099 PLAT OF EASEMENT EXHIBIT "A" ..ii Li Zir :;,W, 4".0i1 12,11:0::."::g:Z;:::**.4, 7". .• .. •17.6"4"-••••33'71 r•S''a"."17.14•It'lla'"••••?..13.11101.3'*••••13.• 5 S cour• . 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REVISIONS . i 300 PARK BOULEVARD - -- ---- GALVIN PROPERTY PROJECT NO 192Q SHEET DATE 05-p-48 ,. - _ EASEMENT PLAT LE 1..1 GO' 1 9 CONSULTIN ENGINEERS (53 IT ASC A. ILLINoIS 60143 - - scA-- ----- ELGIN, ILLINOIS DESIGNED BY 7 ---....-d 0 250-0595 - - - -- DRAWN BY COD .1 , -... - CHECKED BY CO - .1 • i . /".. Oft . , • • N',..o....