HomeMy WebLinkAboutR63-0430 Friedland Water Easement 111111r
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WATER LINE EASEMENT ,47/
THE GRANTORS, EVELYN O. FRIEDLAND and JOHN C. FRIEDLANb,
her husband, of the City of Elgin, County of Kane and State of Illinois, for and
in consideration of the sum of Ten Dollars ($10. 00) and other good and
valuable consideration, in hand paid, HEREBY GRANT TO THE CITY OF
ELGIN, a municipal corporation, of the State of Illinois, and its successors,
a pemanent easement and right-of-way, including the perpetual right to
enter upon the real estate hereinafter described at any time that the said
City of Elgin may see fit or deem necessary and construct, maintain and
repair an underground water line, main, or pipe for the purpose of con-
veying water over, across, through and under the lands hereinafter described, --
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together with the right to excavate and refill ditches and trenches for the CO
location of said water line, mains, or pipe and the further right to remove
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trees, bushes, undergrowth and other obstructions interfering with the CO
location, construction, and maintenance of said water line, main, or pipe.
The easement and right-of-way granted herein covers a strip of land
ten feet in width over and across part of the East half of Section 18, Town-
ship 41 North, Range 8 East of the Third Principal Meridian in the City of
Elgin, Cook County, Illinois, and is more particularly described as follows:
A 10. 0 foot wide easement, being in part of the East half
of Section 18, Township 41 North, Range 8 East of the
Third Principal Meridian, the center line of which is
described as follows: Commencing at the intersection of
the center line of Willard Avenue extended Northerly with the
Northerly right of way line of Chicago Street; thence
Northwesterly along said Northerly right of way line a
distance of 11 feet more or less to a point on a line that
is 10. 0 feet West of and parallel with the center line
extended Northerly of Willard Avenue as aforesaid for the
place of beginning of the center line of said 10 foot wide
easement; thence Northerly along said parallel line a
distance of 625 feet more or less to the Southerly right of
way line of Park Avenue for the terminous of said center
line of said 10 foot wide easement. Being situated in the
City of Elgin, Hanover Township, Cook County, Illinois.
A plat of said easement prepared by W. A. Rakow & Associates
dated April 17, 1963, is attached hereto and made a part hereof as
Exhibit A .
.
In addition to said perpetual 10 foot easement herein conveyed, the
Grantors hereby agree that the Grantee in the initial installation of said
water line, main, or pipe, may move whatever equipment and machinery
that may be necessary in the construction and installation of said water line,
main, or pipe unto the premises of the Grantors during construction, and
said equipment and machinery may rest upon and be operated from lands
adjacent to said ten foot perpetual easement herein granted.
This easement is granted upon the express condition that said enclosed
water line, main, or pipe be constructed and maintained a sufficient dis-
tance beneath the surface of the above described premises and so constructed
as to permit the Grantors to seed and maintain the surface for lawn or garden
purposes; and to use, maintain and improve the said surface for public or
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private street or highway purposes; and upon the express condition that in the CO
construction and maintenance of said water line, main, or pipe, all damage
to the surface land shall be promptly repaired and replaced in the same
condition as when the Grantee entered upon said premises for such purposes
of construction, repair or maintenance.
Dated this day of April, 1963.
Evelyn 0, Friedland
Jo C. Friedland
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STATE OF ILLINOIS )
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COUNTY OF K A N E )
I, the undersigned, a Notary Public in and for said County and State
aforesaid, do hereby certify that Evelyn O. Friedland and John G. Friedland,
her husband, personally known to me to be the same persons whose
names are subscribed to the foregoing instrument appeared before me this
day in person and acknowledged that they signed, sealed and delivered the
said instrument as and for their free and voluntary act for the uses and pur-
poses therein set forth. Given under my hand and notarial seal this 30
oar$f, ril, 1963.
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Notary Public CX3
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F Hedlund
A GREEMENT
WHEREAS, John C. Friedland and Evelyn N. Friedland have
granted to and delivered to the City of Elgin as of the present date, a
certain easement for a water main, said easement being legally described
as follows, to-wit:
A 10. 0 foot wide easement, being in part of the East half
of Section 18, Township 41 North, Range 8 East of the
Third Principal Meridian, the center line of which is
described as follows: Commencing at the intersection of
the center line of Willard Avenue extended Northerly with
the Northerly right of way line of Chicago Street; thence
Northwesterly along said Northerly right of way line a
distance of 11 feet more or less to a point on a line that
is 10. 0 feet West of and parallel with the center line
extended Northerly of Willard Avenue as aforesaid for
the place of beginning of the center line of said 10 foot
wide easement; thence Northerly along said parallel line
a distance of 625 feet more or less to the Southerly
right of way line of Park Avenue for the terminous of
said center line of said 10 foot wide easement. Being
situated in the City of Elgin, Hanover Township, Cook
County, Illinois.
and
WHEREAS, it is necessary for the City of Elgin as a part of its
major East side water main improvement program to install a twelve inch
water main on Willard Avenue extended, which is a part of the real estate
owned by the said John C. Friedland and Evelyn N. Friedland proposed
to be subdivided as Lord's Park Terrace, and
WHEREAS, there are approximately twelve hundred and fifty-five
front feet of property along said portion of Willard Avenue extended upon
which the proposed water main shall be constructed, but the said Grantors
have already extended at their own expense water into several parcels of
the property adjacent thereto, and
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WHEREAS, the said Grantors should not be required to pay for the
installation of water main servicing those portions of their property already
having water available.
NOW, THEREFORE, it is hereby agreed by the City of Elgin that
in consideration of the granting of the above described easement for water
main, the City:
1. Shall charge the Grantors, their heirs, successors, or assigns,
for 535 front feet of property in Willard Avenue at the rate of $4. 25 per
front foot, when said property is connected to the water main to be con-
structed.
2. If the water service to the property at the Northeast corner of
Willard Avenue and Chicago Street is taken from the Chicago Street main,
the charge by the City to this property to hook on will be 190 feet at $4. 75
in lieu of 290 feet on Willard Avenue at $4. 25.
3. The 630 feet of additional property on Chicago Street shall be
charged $4. 75 per front foot as it hooks on to the existing water main and
the 685 front feet of property on Park Avenue shall be charged at $4. 25
per front foot as it hooks on to said water main.
4. That a plat showing the portions of the grantors' property to
be charged for water hook-ons and those portions not to be charged, in
accordance with the above paragraphs, is attached hereto and made a
part hereof as Exhibit "A".
Dated this / ' day of July, 1963.
CITY OF ELGIN
By 6-\
ATTEST: City Manager
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City Clerk