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HomeMy WebLinkAbout98-39 Recorded Resolution No. 98-39 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF UTILITY EASEMENT FOR THE AIRLITE STREET SUBDIVISION 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 utility easement for the maintenance of street light facilities over the property legally described as follows : Lot 3 in Airlite Street Subdivision, being a Subdivision of part of the East 1 of the Northeast 4 of Section 16 , Township 41 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded September 15, 1995, as Document 95K54458, in the City of Elgin, Kane County, Illinois ( "Lot 3" ) ; and Lot 2 (except the South 7 feet of Lot 2 ) in Airlite Street Subdivision, being a Subdivision of part of the East i of the Northeast 4 of Section 16 , Township 41 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded September 15, 1995, as Document 95K54458, in the City of Elgin, Kane County, Illinois ( "Lot 2" ) . BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Grant of Utility Easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois . s/ Kevin Kelly Kevin Kelly, Mayor Presented: February 11, 1998 Adopted: February 11, 1998 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk u. —,a FF, : :ARD f. ILL. 98K0I4480 cr, FM 7', {'11 !': 30 GRANT OF UTILITY EASEMENT FROM KELLENBERGER CONSTRUCTION, INC. , AN ILLINOIS CORPORATION, JACK H. STERK AND BONNIE J. STERK TO CITY OF ELGIN J N ‹C After recording return to: Dolonna Mecum Elgin City Clerk o 150 Dexter Court (\• �V Elgin, IL 60120 1 11 I 98K014480 1 of 4 Originals • Grant of Utility Easement THIS GRANT OF UTILITY EASEMENT ("Agreement") is made as of the I L-0-'day of S , 1998,by and between Kellenberger Construction, Inc., an Illinois corporation("Kellenberger"), Jack H. Sterk and Bonnie J. Sterk ("Sterk"), (Kellenberger and Sterk shall hereinafter be collectively referred to as "Grantor"), and the City of Elgin, a municipal corporation, State of Illinois ("Grantee"), WITNESSETH: WHEREAS, Kellenberger is the owner of the following described real estate: Lot 3 in Airlite Street Subdivision, being a Subdivision of part of the East 1/2 of the Northeast 1/4 of Section 16, Township 41 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded September 15, 1995, as Document 95K54458, in the City of Elgin, Kane County, Illinois ("Lot 3") Permanent Index No.: 06-16-276-043 WHEREAS, Sterk is the owner of the following described real estate: Lot 2 (except the South 7 feet of Lot 2) in Airlite Street Subdivision, being a Subdivision of part of the East 1/2 of the Northeast 1/4 of Section 16, Township 41 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded September 15, 1995, as Document 95K54458, in the City of Elgin, Kane County, Illinois ("Lot 2") Permanent Index No.: Part of 06-16-276-044 WHEREAS, there was installed on the southerly boundary line of Lot 3 a street light cable; WHEREAS, Grantor and Grantee desire that an easement be granted for the purpose of maintenance, repair, and replacement of the street light cable. NOW THEREFORE, in consideration of Ten and No/100 Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Grant of Easement. Kellenberger hereby grants to Grantee a perpetual non-exclusive easement on, under, and across the following described real estate: The Southerly 5 feet of Lot 3 in Airlite Street Subdivision,being a Subdivision of 2,- _1- 98 K 1 4 4 1-98K014480 part of the East '/2 of the Northeast 1/4 of Section 16, Township 41 North, Range 8 East of the Third Principal Meridian according to the Plat thereof recorded September 15, 1995 as Document 95K54458 in the City of Elgin, Kane County, Illinois. Permanent Index No.: Part of 06-16-276-043 and Sterk hereby grants to Grantee a perpetual non-exclusive easement on, under, and across the following described real estate: The Northerly 5 feet of Lot 2 (except the South 7 feet of Lot 2) in Airlite Street Subdivision,being a Subdivision of part of the East 1/2 of the Northeast 1/4 of Section 16 Township 41 North Range 8 East of the Third Principal Meridian according to the Plat thereof recorded September 15, 1995 as Document 95K54458 in the City of Elgin, Kane County, Illinois. Permanent Index No.: Part of 06-16-276-044 (The two legal descriptions set forth in this Paragraph 1 shall hereinafter be collectively referred to as the"Easement Premises"), for the purpose of maintenance, repair, and replacement of the street light cable. The Easement Premises are delineated on Exhibit A attached hereto and made a part hereof. 2. Use of the Easement Premises. No permanent buildings, structures, trees, or shrubs, shall be constructed, erected, grown, or planted on the Easement Premises which will interfere with the use of the Easement Premises as reserved or granted herein. 3. Repair and Maintenance. Grantee shall perform, at its sole cost and expense, any maintenance, repair, and replacement of said street light cable. 4. Reservations by Grantor. Grantor hereby reserves the right (a) to locate other utilities in the aforesaid Easement Premises subject to the approval of Grantee, which approval shall not be unreasonably withheld; and(b) to use the surface area of the Easement Premises for any purpose whatsoever, other than construction of a building on the Easement Premises, so long as such use does not substantially interfere with Grantee's right to maintain,repair, and replace such street light cable. 5. Release of Easement. In the event Grantee, its successor and assigns, shall abandon or no longer require the use of all or any part of the easement rights herein granted, Grantee shall release such easement rights which Grantee shall no longer require. 6. Binding on Successors. This Agreement shall be binding upon the parties hereto and their respective successor and assigns. ,) -2- 90( 0 I 4480 2-90K0I4480 7. Counterparts. This Agreement may be executed in counterparts and all so executed shall constitute one and the same Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Grantor: Kellenberger Construction, Inc. By: Its President Attest: Its Secretary Subscribed and sworn to before me this j tc-t qday of .3- , 1998 Notary Public 1 OFFICIAL SEAL 1 Jack H. S k 4 DIANA S. LARSON t A;X 4 NOTARY PUBLIC, STATE OF ILLINOIS r 44y Commission Expires Aug. 23, 1998 I*104 Bonnie J. Sterk Subscribed and sworn to before me this boll^ day of , 1998 Notary Public Grantee: OFFICIALAILSEAL DIANCity of Elgin, a municipal corporation NOTARYPUBLIC, STATE OF ILLINOIS It 4 My Commission Expires Aug. 23, 1998 By: 71-4- Its P1-10 r Li -3- 98 KO I 4480 3-s8KOI4480 Attest: Its Subscribed and sworn to before me this 4_tit day of_,..2/Inizedr-,1998 or I OFFICIAL SEAL ' AP No ary Pub c SUELLYN LOSCH NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES:10/27/98 Prepared by and-afteP -r-Paser-elittg-nail-ter. Diana S. Larson 963 Stonehaven Dr. Elgin, IL 60123 -4- se K 0 I 4 4 8 0 . FINAL PLAT A IRL I TE STREET SUB © I V/S , A GjUC-PIS l.IOt-- Off Fid l OF- T1-- F A.'S-1- 1- /JLC OF 7 i- ? G!told lam, TOWN' SNI 41 Nlorz i 1-K, 2( v, s-f cam= TNF_ 1 D I/ J, 1 rJ T H G I T Y Ci= _--./.--6. 1 N, 4_/ I e GoU Nom, 1 L___ I L.., N-1 o 1 c. I Cv e_N_12r- i___. 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Ce CCl(1.a[e m V , acknowledge w 3 L� — V _ I= CA. .t'nz.^ own free an 1 I ,r— " Lj-1..1 r' �'1 L Given under 5 58'OI E v -L ��m S2. S A.D. lac` r, 1 o i 151 _ L 0 T L s� \ ° 2 c' -- — —} \ V. \ POOR CMIQ�NAL Ap+wlsr Not Roca STATE" o= I'- � 5 �, I(DoZ \ Qo nslble COUNTY )F rI V-, - (� ForRB'rroL'Ltep ;18 CITY OF ELO n1188 SZ 41 E \ J�Q EkH Ia CT N sI� K O I 1180 __ A • •(.(OF E�C�ti City of Elgin Agenda Item No. January 16, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Utility Easement Agreements Airlite Street Subdivision PURPOSE The purpose of the memorandum is to provide the Mayor and members of the City Council with information to consider acceptance of an utility easement for Airlite Street Subdivi- sion. BACKGROUND Final engineering plans for the Airlite Street Subdivision were approved April 28, 1995 . The easement agreements are for five feet (5 ' ) on each side of the east-west lot line of lots 2 and 3 in the subject subdivi- sion. The two easements are for a street light cable placed between the lots, which upon acceptance of the subdivision, the easements and street light facilities will become the City' s responsibility for maintenance . The contractor had placed the cable incorrectly, and the developer has chosen to provide these easements rather than relocate the cable. The original easements will not be vacated at this time due to the possibility of future use. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . 0114AINANCIAL IMPACT None. LEGAL IMPACT A None. ALTERNATIVES None. Utility Easement Agreements/Airlite Street Subdivision January 16, 1998 Page 2 RECOMMENDATION It is recommended that the Easement Agreement be accepted by City Council and staff' be directed to prepare the necessary resolution authorizing the execution of the Easement Agree- ment. Respectfully submitted, SIT) David L. Lawry, . Director of Public Works Pas-L— J61ce A. Parker City Manager TD/do Attachment • r