91-0911 Bicycle Path Easement Recorded RESOLUTION
AUTHORIZING EXECUTION OF A GRANT OF BICYCLE PATH EASEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to
execute a Grant of Bicycle Path Easement along the property
legally described as follows:
That part of the East half of the Northeast
quarter of Section 14, Township 41 North, Range 8
East of the Third Principal Meridian, described as
4n follows: Commencing at the Southeast corner of
Lot 3 in Block 20 of J.T. Gifford's Plat of Elgin,
` '"' ? ,' � being a subdivision of part of Sections 13 and 14,
`' w ' township and range aforesaid; thence South 56
c degrees 55 minutes 03 seconds West, along the
southerly line of said Lot 3, also being the
'4 northerly line of Lot 4 in said Block 20, a distance
w of 221 . 34 feet for the point of beginning; thence
w•� South 32 degrees 22 minutes 24 seconds East, a
distance of 57.00 feet to a line that is 57 .00 feet,
as measured perpendicular, southerly of and parallel
with the said northerly line of Lot 4; thence South
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parallel line, to the easterly shore line of the Fox
River; thence northerly, along said easterly shore
line, to the southerly right of way line of East
OD Highland Avenue; thence North 62 degrees 29 minutes
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02 seconds East, along said southerly right of way
line, to a line that bears North 32 degrees 22
NC minutes 24 seconds West and passes through the point
of beginning. Thence South 32 degrees 22 minutes 24
ON seconds East, along said line, a distance of 39 .06
feet to the point of beginning, being situated in
the City of Elgin, Kane County, Illinois .
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to cause the Grant of Bicycle Path
Easement to be recorded in the office of the Recorder of Deeds
of Kane County, Illinois .
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: September 11, 1991
Adopted: September 11, 1991
. Vote: Yeas 6 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
GRANT OF BICYCLE PATH EASEMENT
This Grant of Bicycle Path Ease nt (the "Agreement" ) is made
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and entered into this day of -i` 1
___ , 1991 , by and
between AMERICAN NATIONAL BANK OF ELGIN (the "Grantor" ) and the
CITY OF ELGIN, a municipal corporation of the State of Illinois
(the "Grantee" ) : CD
W I T N E S S E T H: [V
WHEREAS, Grantor is the owner of that certain parcel of land
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in the City of Elgin, County of Kane and State of Illinois, CO
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legally described on Exhibit A attached hereto and by this
reference made a part hereof (the "Easement Parcel " ) .
AND WHEREAS, Grantor desires to grant and Grantee desires to
receive, upon and subject to the terms and conditions herein
provided, a perpetual easement over and across the Easement Parcel
for bike path purposes.
NOW, THEREFORE, in consideration of Ten and no/100 Dollars,
the mutual covenants and agreements of the parties hereto and
other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties hereby agree as
follows:
1 . Subject to the terms of this Agreement and to all
covenants, conditions, restrictions and easements of record
together with claims of third parties not of record, Grantor
MD hereby grants, gives and conveys to Grantee, its successors and
C-11 assigns, a perpetual and non-exclusive easement over and across
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W the Easement parcel , for the sole and exclusive purpose of
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providing a bicycle path (the "Bike Path" ) for public use.
2 . Grantee shall , at Grantee' s sole cost and expense,
construct the Bike Path on the Easement Parcel using reasonable
care, skill and diligence. Further, Grantee shall , at Grantee's
sole cost and expense, maintain the Bike Path in good repair and
condition notwithstanding any transfer by Grantee of the rights
granted under this Agreement, unless Grantor first consents to any
transfer by Grantee in which case Grantee shall have no further
maintenance obligation. Grantor shall have no duty to construct
or maintain the Bike Path or contribute toward the cost of the
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construction or maintenance of the Bike Path.
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3. Grantee agrees to indemnify and hold Grantor harmless from �v
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and against any and all claims, suits, damages, costs, loss,
liability or expense resulting from or connected with any
construction or maintenance on the Easement Parcel . Grantee
agrees to indemnify and hold Grantor harmless from and against any
and all liability, claims, suits, damages, costs, loss and expense
arising from the use of the Easement Parcel by a member or members
of the public or otherwise. These indemnification obligations of
Grantee contained in this paragraph 3 shall be binding on Grantee
notwithstanding any transfer by Grantee of the rights granted
under this Agreement, unless Grantor first consents to the
transfer by Grantee in which case Grantee shall have no further
obligation to indemnify and hold Grantor harmless.
4. Grantee shall , at Grantee's sole expense, repair any
damage to property owned by Grantor by reason of the construction
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or maintenance of the Bike Path , including vegetation , parking
lots and fences.
5 . Grantee represents that the easterly line of the Easement
Parcel is westerly of the existing fence running parallel with the
Easement Parcel .
6 . Grantee further represents that it will take no action
which would either ( a) alter the current existing storm water run
off from Grantor' s property to the east of the Easement Parcel ; or
( b) alter the grade of the Easement Parcel which would allow any
storm water run off to run easterly toward Grantor' s property
easterly of the Easement Parcel .
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7 . Subject to the terms of this Agreement, Grantor reserves xr
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the right to grant access, utility or other easements over, upon,
and under the Easement Parcel as well as the right to use the DO
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Easement Parcel in such a manner as Grantor shall deem proper
provided such use does not interfere with the rights granted under
this Agreement.
8. Grantee shall not permit any lien to stand against the
Easement Parcel for any labor or materials in connection with work
of any character on the Easement Parcel . In the event of any such
lien attaching to the Easement Parcel , Grantee shall immediately
have such lien released and indemnify Grantor for any loss, cost
or liability by reason of said lien.
9 . Grantor and Grantee agree to promptly execute and record
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a Release of Easement if Grantee or the public abandons the use of
the Bike Path for more than one year.
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10. In the event it becomes necessary for Grantor or its
successors and assigns to enforce this Agreement, Grantor or its
successors and assigns shall be entitled to the recovery of any
and all costs and attorney's fees incurred in such enforcement.
11 . All provisions of this Agreement, including the benefits
and burdens, shall run with the land and are binding upon and
inure to the benefit of all parties having or acquiring any right,
title or interest in or to any portion of, or interest or estate
in, the Easement Parcel .
IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the day and year first above written.
GRANTOR:
AMERICAN NATIONA4orAjto.F ELGIN CD
By: 0011.022V
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GRANTEE:
CITY OF EL /I
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This instrument prepared by: Return to:
John L. Losquadro, President Dolonna Mecum
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...., American National Bank Elgin City Clerk
24 East Chicago Street 150 Dexter Court
Elgin, IL 60120 Elgin, IL 60120
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EXHIBIT A
THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 14,
TOWNSHIP 41 NORTH , RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 3
IN BLOCK 20 OF J .T. GIFFORD'S PLAT OF ELGIN, BEING A SUBDIVISION
OF PART OF SECTIONS 13 AND 14, TOWNSHIP AND RANGE AFORESAID;
THENCE SOUTH 56 DEGREES 55 MINUTES 03 SECONDS WEST, ALONG THE
SOUTHERLY LINE OF SAID LOT 3 , ALSO BEING THE NORTHERLY LINE OF LOT
4 IN SAID BLOCK 20, A DISTANCE OF 221 . 34 FEET; THENCE SOUTH 32
DEGREES 22 MINUTES 24 SECONDS EAST, A DISTANCE OF 57 .00 FEET TO A
LINE THAT IS 57 .00 FEET, AS MEASURED PERPENDICULAR, SOUTHERLY OF
AND PARALLEL WITH THE SAID NORTHERLY LINE OF LOT 4 FOR THE POINT
OF BEGINNING; THENCE CONTINUING SOUTH 32 DEGREES 22 MINUTES 24
SECONDS EAST , A DISTANCE OF 130. 98 FEET TO THE NORTHERLY LINE OF
EAST CHICAGO STREET PER DOCUMENT NO. 867708; THENCE SOUTH 62
DEGREES 38 MINUTES 19 SECONDS WEST, ALONG SAID NORTHERLY LINE, TO
THE EASTERLY SHORE LINE OF THE FOX RIVER; THENCE NORTHERLY, ALONG
THE SAID EASTERLY SHORE LINE, TO A LINE THAT IS PARALLEL WITH THE
SAID NORTHERLY LINE OF LOT 4 AND PASSES THROUGH THE POINT OF
BEGINNING; THENCE NORTH 56 DEGREES 55 MINUTES 03 SECONDS EAST,
ALONG SAID PARALLEL LINE, TO THE POINT OF BEGINNING. BEING
SITUATED IN THE CITY OF ELGIN , KANE COUNTY, ILLINOIS.
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