HomeMy WebLinkAbout98-95 Recorded Resolution No. 98-95
RESOLUTION
ACCEPTING A GRANT OF EASEMENT
FROM SCHOOL DISTRICT U-46 FOR A STORM SEWER
( Illinois Park School)
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 accept a
Grant of Easement for a storm sewer for the property legally
described in the Grant of 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 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: April 22 , 1998
Adopted: April 22 , 1998
Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
r '
Mr ATTACHED FILED FOR RECORD
lsAHE COUNTY.ILL.
STATE OF ILLINOIS ) 19 9 9 K 118 517 1999 DEC 16 PH 2: 30
SS •
• COUNTY OF KANE ) ``,► .4, 1.77
RECORDER
GRANT OF EASEMENT TO THE
CITY OF ELGIN FOR A STORM SEWER
Grantor, School District U-46 of Elgin, Illinois, for and in consideration of$10.00 in hand
paid and other good and valuable consideration,hereby grants a perpetual easement to the Grantee,
the City of Elgin in Kane County, Illinois, for the purpose of operating, maintaining, servicing,
upgrading, and/or replacing a storm sewer under a tract of land situated in the County of Kane and
State of Illinois described as follows:
A 15 foot wide City of Elgin Easement-over that part of the Southeast Quarter of
Section 10, Township 41 North, Range 8 East of the Third Principal Meridian the
center line of said easement described as follows: commencing at the intersection of
the West line of said Southeast Quarter with the center line of Wing Street, extended
Westerly;thence South 71 degrees 28 minutes 54 seconds East, along said Westerly
extension and the center line of Wing Street, a distance of 457.88 feet for the point
of beginning of the center line of said 15.00 foot wide easement; thence North 09
degrees 26 minutes 12 seconds East, along said center line, a distance of 50.58 feet;
thence North 47 degrees 58 minutes 30 seconds West, along said center line, a
distance of 229.24 feet;thence North 18 degrees 31 minutes 06 seconds East, along
said center line, a distance of 198.24 feet; thence North 28 degrees 16 minutes 56
seconds West, along said center line, a distance of 135.61 feet for the terminus of
said center line of a 15.00 foot wide City of Elgin Easement, being situated in the
City of Elgin, Kane County, Illinois and containing 0.21 acre more or less.
A Plat of Easement dated June 6, 1997 is hereby attached and incorporated into this
Grant of Easement as Exhibit A.
PIN: 06-10-401-001
Construction of the initial storm sewer in the above described easement shall be undertaken and
completed by Grantor School District 46 of Elgin, Illinois. Grantee, by its acceptance of this
easement, hereby agrees and covenants as follows: (1)to protect, indemnify and hold harmless the
O°
0
19 99K 118517
Grantor,its successors, assigns,grantees, and contract purchasers from any liability, claim, demand,
loss and/or expense incurred by any of the foregoing as a result of the operation, maintenance,
service,upgrading and/or replacement of the storm sewer line; and(2)to restore the easement area,
including,but not limited to, sidewalks, driveways,lawns, shrubs,and plantings(trees to be replaced
with seedling trees) in the event the easement area is disturbed, destroyed or damaged by the
operation, maintenance, service, upgrading and/or replacement of the storm sewer line. Such
restoration shall be to a condition at least equivalent to the condition of the easement area
immediately before the disturbance, destruction or damage. Grantor shall not construct any
permanent structures nor plant any trees on the easement premises nor otherwise undertake any
activities which shall unreasonably interfere with the Grantee's intended use of the easement
premises. No buildings or permanent structures of any kind may be erected on the easement
premises by the Grantor or Grantee without the prior written permission of the other.
This easement, and all the terms and conditions hereof, shall run with the land and be binding
upon and inure to the benefit of the legal representatives, successors, grantees and assigns of the
Grantor and Grantee.
IN WITNESS WHEREOF,the Grantor has executed this Grant of Easement on this� 4 day
of 199Tp
T.41School District U-46
President
67:
Attest:
ecretary
2 68937.1
1999 K 115 517
•
STATE OF ILLINOIS )
SS
COUNTY OF KANE )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY THAT Sandra Ann Angelo and Richard P. Maj ka personally
known to me to be the same persons whose names are subscribed to the foregoing instrument,
appeared before me this 13th day of December , 1999, in person, and acknowledged that
they signed and delivered the said instrument as their free and voluntary act, and as the free and
voluntary act of School District U-46, for the uses and purposes therein set forth.
Subscribed and Sworn to before me this 13 day of December , 1999
OFFICIAL SEAL �� a,, /-
DEBRA A KARGER Notary Public
PIOT.AAY PUBLIC,STATE OF ILLINOIS
MY COMMISSION EXPIRES:10/28/03
3 68937.1
1999 K 118 5 17
ACCEPTED by the City of Elgin this 1441,
day of_fr* c(. , 199q
Title "1-1
ATTEST:
1/ / I
Title: / C-eg t. /
STATE OF ILLINOIS )
SS
COUNTY OF KANE )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY THAT Kevin Kelly and Dolonna Mecum
personally known to me to be the same persons whose names are subscribed to the foregoing
instrument, appeared before me this 12th day of March , 1959, in person, and
acknowledged that they signed and delivered said instrument as their free and voluntary act, and as
the free and voluntary act of the City of Elgin, for the uses and purposes therein set forth.
Subscribed and Sworn to before me this 12thday of March , 1999
5-4J
N tary ublic
THIS INSTRUMENT PREPARED BY 411.4 __IIIJ
AND RETURN TO: rAk(IFFICIAL SEAL
John L. Wren SUELLYN LOSCH
FRANCZEK SULLIVAN P.C. 4 NOTARY PUBLIC, STATE OF ILLINOIS
300 South Wacker Drive My Commission Expires Oct. 27,2002
Suite 3400 � N'IrIIIrW"I11/111"IF
Chicago, Illinois 60606-6785
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