91-0925 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
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 .
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 25, 1991
Adopted: September 25, 1991
Vote: Yeas 6 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
4.
GRANT OF BICYCLE PATH EASEMENT
This Grant of Bicycle Path Easement (the "Agreement") is
made and entered into this y�D day of .3EPTEnnTS .2. , 1991, by
and between FIRST FEDERAL OF ELGIN, F.S.A. (the "Grantor" ) and
the CITY OF ELGIN, a municipal corporation of the state of
Illinois (the "Grantee" ) :
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W I T N E S S E T H:
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WHEREAS, Grantor is the owner of that certain parcel of
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land in the City of Elgin, County of Kane and State of Illinois,
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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 conditiO 52'
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herein provided, a perpetual easement over and across the ==4
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Easement Parcel for bike path purposes .
NOW, THEREFORE, in consideration of Ten and no/100
Dollars, the mutual covenants and agreements of the parties a`..1
hereto and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties hereby
agree as follows: 4••0
1. Subject to the terms of this Agreement and to all
covenants, conditions, restrictions and easements of record
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together with claims of third parties not of record, Grantor
+. hereby grants, gives and conveys to Grantee, its successors and
assigns, a perpetual and non-exclusive easement over and across
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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 construction or maintenance of the Bike Path.
3 . Grantee agrees to indemnify and hold Grantor
harmless from 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. no
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Grantee agrees to indemnify and hold Grantor harmless from and
against any and all liability, claims, suits, damages, costs, ',J
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
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hold Grantor harmless.
(xi 4 . Grantee shall, at Grantee's sole expense, repair
OD any damage to property owned by Grantor by reason of the
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construction 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.
7 . Subject to the terms of this Agreement, Grantor
reserves the right to grant access, utility or other easements
over, upon, and under the Easement Parcel as well as the right to
use the Easement Parcel in such a manner as Grantor shall deem
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proper provided such use does not interfere with the rights 'N
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 a Release of Easement if Grantee or the public abandons
the use of the Bike Path for more than one year.
10. In the event it becomes necessary for Grantor or
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its successors and assigns to enforce this Agreement, Grantor or
is 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:
FIRST ' IF ELGIN, F.S.A.
By: : I 440 .
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It- 'st ibE KIT N
ATTEST:
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Its pssism*JT S£ceF - 4 ....1
GRANTEE:
CITY OF ELG N
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ATTEST:
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STATE OF ILLINOIS )
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C O U N T Y O F K A N E )
I, Lao.cbo,rr_ K Lopez_ , a Notary Public in
and for and residing in K G✓Ne County, in the said State
aforesaid, do hereby certify that Sohn S Nertert'cl - ,
President of FrsrSt F-eclerc. l of Els; Fs,4 and `a(net ra Mc.e keys
rmT, Secretary thereof, personally known to me to be the same
persons whose names are subscribed to the foregoing instrument as
such President and Secretary, respectively, appeared before me
this day in person and acknowledged that they signed and
delivered the said instrument as their own free and voluntary
act, and as the free and voluntary act of said Company, for the
uses and purposes therein set forth, and the said Secretary did
also then and there acknowledge that he as custodian of the
corporate seal of said Company did affix the said corporate seal
of said Company to said instrument as his own free and voluntary
act and as the free and voluntary act of said Company for the
uses and purposes therein set forth.
Given under my hand and Notarial seal this S day of
Se fT% , 1991.
OFFICIAL SEAL
bras. o-kC-Jc z 4 BARBARA KAY LOPEZ
Notary Public NOTARY PUBLIC, STATE OF 1LL1N0�
STATE OF ILLINOIS ) M Commic�tow;lr�� 1399
COUNTY OF K A N E )
1, Nancy Roll , a Notary Public in
and for and residing in Kane County, in the said State
aforesaid, do hereby certify that George VanDeVoorde, Mayor ,
VIONEKEditiff of the City of Elgin and Dolonna Mecum, City Clerk b)
, 216XVWEA thereof, personally known to me to be the same "'
persons wwhh 01names areCR led to the foregoing instrument as N.)
such 1X� and respectively, appeared before me
this day in person and acknowledged that they signed and
delivered the said instrument as their own free an. . voluntary
act, and as the free and voluntary act of said a.,r; 40g , fo
uses and purposes therein set forth, and the said 00
also then and there acknojjddledge that he as custodian of the
corporate s . of said Xl �l4 X did affi the said corporate seal
of said ••�,: :• :e�a� to said instrument as lx own free and voluntary
act and as the free and voluntary act of said for the
uses and purposes therein set forth.
u0 Given under my hand and Notarial seal this 13th day of
September , 1991.
Notary • • is OFFICIAL SEAL
tp NANCY ROLL
NOTARY PUBLIC. STATE OF ILLINOIS
cc THIS DOCUMENT WAS PREPARED BY a 'u U ,e 16: XPIRES 8-10-93
Keith A. Spong, BRADY, McQUEEN, MARTIN, COLLINS & JENSEN
2425 Royal Boulevard
Elgin, IL 60123 After recording return to:
Elgin City Clerk
150 Dexter Court
C.O\
Elgin, IL 60120
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 S;'.ID LOT
3, ALSO BEING THE NORTHERLY LINE OF LOT 4 IN SAID BLOCK 20, A DISTANCE
OF 221. 34 FEET FOR THE POINT OF BEGINNING; 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 ; THENCE SOUTH 56 DEGREES 55 MINU" ES 03
SECONDS WEST, ALONG SAID PARALLEL LINE, TO THE EASTERLY SHORE LINT: OF
THE FOX RIVER; THENCE NORTHERLY, ALONG SAID EASTERLY SHORE LINE, TO THE
SOUTHERLY RIGHT OF WAY LINE OF EAST HIGHLAND AVENUE; THENCE NORTH 62
DEGREES 29 MINUTES 02 SECONDS EAST, ALONG SAID SOUTHERLY RIGHT OF WAY
:0 A LINE THAT i3LrRS NOT; i2 LE(;REES 22 MINUTES 74 SECONDS WEST
AND PASSES THROUGH THi POINT OF BEGINNING. THENCE SOUTH 32 DEGREE,: ;.2
MINUTES 24 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.
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