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Home My WebLink About98-296 Recorded Resolution No . 98-296 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF AN AMENDMENT TO EASEMENT GRANT FOR FENCING AND LANDSCAPING ( Pulte Home Corporation and Willow Bay Club) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes execution and acceptance of an Amendment to Easement Grant for fencing and landscaping for the property legally described on Exhibit A, attached hereto and made a part hereof . BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Amendment to Easement Grant to be recorded in the office of the Recorder of Deeds of Kane County, Illinois . s/ Robert Gilliam Robert Gilliam, Mayor Pro Tem Presented: December 2 , 1998 Adopted: December 2 , 1998 Omnibus Vote: Yeas 4 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk I• • FILED FOR RECORD K ANE COUNT Y,ILL , • • AMENDMENT TO EASEMENT GRANT 1 g 9 C 000 50 RN '4 PM 4: 00 4~4. 6F.A.,;441.) THIS AMENDMENT TO RECORDER EASEMENT GRANT is made as of the day of December , 1998,by and between PULTE HOME CORPORATION, a Michigan corporation("Pulte") and (The Above Space For Recorder's Use Only) WILLOW BAY CLUB CONDOMINIUM ASSOCIATION, an Illinois not-for-profit corporation (the"Association"; Pulte and the Association are referred to'hereinafter collectively as "Grantor") and the CITY OF ELGIN, a municipal corporation("Grantee"). WHEREAS,the parcel of land legally described in Exhibit A attached hereto (the "Easement Parcel") is the subject of an Easement Grant dated October 2, 1992 and recorded September 2, 1993 as Document Number 93K67567 (the"Easement Grant"); and WHEREAS,a portion of the Easement Parcel constitutes common elements under a Declaration of Condominium Ownership and of Easements,Restrictions and Covenants for Willow Bay Condominium,recorded as Document Number 98K020168 (the"Declaration"), which common elements are subject to administration by the Association on behalf of all unit owners; and WHEREAS,Pulte is the current holder of title to a portion of the Easement Parcel and it is the intention of Pulte to amend the Declaration and to add all or a portion of such property as common elements thereunder; and t.c' WHEREAS, Grantor wishes to amend the Easement Grant to reserve a right to install fencing and landscaping in that portion of the Easement Parcel which is or is intended to become common elements under the Declaration; and WHEREAS, Grantee has agreed to so modify the Easement Grant. NOW, THEREFORE, Grantor and Grantee for and in consideration of the mutual covenants of the parties hereinafter set forth and other good and valuable consideration,hereby agree to amend the Easement Grant as follows: 1. Subject to the terms and conditions hereinafter set forth, Grantor shall be'entitled to install fencing and landscaping in that portion of the Easement Parcel either owned by Pulte or constituting common elements under the Declaration. In addition, Grantor shall Return to: Elgin City Clerk 150 Dexter Court tic603 Elgin, IL 60120 1993 000550 �� o� have a right to maintain, repair and replace such fencing and landscaping, as it deems necessary. 2. Grantor agrees that the installation and maintenance of such fencing and landscaping shall not interfere with the use of the Easement Parcel for its intended purpose as set forth in the Easement Grant. 3. The Association agrees to indemnify and hold Grantee harmless from and against any claims for damages or loss arising from any occurrence, event or accident resulting from Grantor's use of the Easement Parcel as described above, except such loss or damage which is due to the negligence of Grantee, or any of its agents, employees or contractors. 4. Grantor shall be solely responsible for restoring all fences and landscaping improvements located within the Easement Parcel to their former condition if the same are disturbed or altered by Grantee in any manner after completing the construction and installation,repair, replacement or maintenance of the sanitary sewer on the Plat of Easement attached as Exhibit"A"to the Easement Grant. 5. In all other respects the Easement Grant shall remain unmodified and in full force and effect. IN WITNESS WHEREOF, Grantor and Grantee have executed this Amendment to Easement Grant as of the date first above written. GRANTOR: PULTE HOME CORPORATION, a Michigan corporation By: and By: Its Attorneys-in Fact WILLOW BAY CLUB CONDOMINIUM ASSOCIATION, an Illi ois not-for-profit corporatio By: ' At ioti4 Its: 2 1999 0000550 GRANTEE: CITY OF ELGIN, a municipal corporation By: Its: /11i s/6 le 301088102 3 3 1999K00055O STATE OF ILLINOIS ) ) SS. - COUNTY OF a o\ ) I,the undersigned, a Notary Publi and for the County and State aforesaid, DO rE"RBY CE TI Y that n,� ,,\ t�.ti p\[ and ck Vc, .,. who alit personally known to me to be the ttorneys-in-F ct of PU�,TE HOME CORPORATION, a Michigan corporation, and who are personally known to me to the be same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as Attorneys-in-Fact of said corporation, and caused the corporate seal of said corporation to be affixed thereto,pursuant to authority given by the Board of Directors of said corporation, as their free and voluntary act and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this c day o \ 1998. LKL11,ci-- --y ic. .1,..,\ Notary Pu li Commission Expires: Co- \.-0 C� "OFFICIAL SEAL" LOIS FERGUSON Notary Public,State of Illinois My CommissLionEeSO6Il2/OO 4 l 1999r' 000550 STATE OF ILLINOIS ) ) SS COUNTY OFC5;Th,4c ) I,the undersigneck,,a Notpublic in and for said County, in the State aforesaid, DO HEREBY CERTIFY that oQrtv.,C ; a ,personally known to me to be the — of Willow Bay Club Condominium Association, an Illinois not-for-profit corporation, an personally known to me to be the same person whose name is subscribed to the fo oing instrument, appeared before me this day in person and acknowledged that as such y.o` er , signed and delivered the said instrument,pursuant to authority given by the Board of Mangers of said association, as 3- free and voluntary act, and as the free and voluntary act and deed of said association, for the uses and purposes therein set forth. GIVEN under my hand and official seal thii day ol_ E xi 998. 3.1-...o ci�_ . —Z..c. „,. N tary4'ub • My commission expires: CS)---NZ—Cm c- "OFFICIAL SEAL" LOIS FERGUSON Notary Public,State of Illinois My Commission Expires 06/12/00 5 5 lass K000550 STATE OF ILLINOIS ) ) SS COUNTY OF T j Nia. ) I,the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Kevin Kelly ,personally known to me to be the Mayor of the City of Elgin, a municipal corporation, and 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 as such Mayor K. Kelly , signed and delivered the said instrument and caused the corporate seal of said municipal corporation to be affixed thereto,pursuant to authority given by the Council of said municipal corporation, as it'ree and voluntary act, and as the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and official seal this7thday ofDec. , 1998. OFFICIAL SEAL Notary Public 44 DOLONNA MECUM 4 NOTARY PUBLIC, STATE OF ILLINOIS 0 My commission expires: 3//%/a oo/ 41 `►�`Srion res Mar.19,`��I��✓`I1 r 6 1999I000550 . EXHIBIT A A 20 foot wide strip of land for sanitary sewer purposes across part of the East half of the southwest quarter of Section 28, Township 41 North, Range 8 East of the Third Principal Meridian described as follows: Beginning at the east line of Randall Road and the north line of an easement granted to Fox River Water Reclamation District for sanitary sewer purposes by document number 91K21584 and corrected by document number 92K00046; thence north a distance of 1267.66 feet along said line to the south of Bowes Road as dedicated by document number 92K23084 and corrected by document number 93K65081;thence along said south line 20.0 feet; thence south parallel with the east line of Randall Road a distance of 1274.63 feet to the north line of said Fox River Water Reclamation District easement; thence westerly along the north line of said Fox River Water Reclamation District easement a distance of 20.32 feet to the place of beginning, all in the City of Elgin, Kane County, Illinois. PIN: Property Address: Prepared by:gackaittsr Crystal Pruess Bush Gardner, Carton& Douglas 321 North Clark Street Chicago, Illinois 60610 7 30108102.2 1999ti000550