00-34 Recorded Resolution No. 00-34
RESOLUTION
AUTHORIZING ACCEPTANCE OF A GRANT OF UTILITY EASEMENT FROM
G.E. CAPITAL MODULAR SPACE FOR SANITARY SEWER PURPOSES ALONG
GIFFORD ROAD
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby
authorized and directed to execute and accept a Grant of Utility Easement from G.E.
Capital Modular Space for sanitary sewer purposes in,under and across the property
legally described in Exhibit B of the Grant of Utility Easement, a copy of which is
attached hereto.
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 Cook County, Illinois.
s/Ed Schock
Ed Schock, Mayor
Presented: February 9, 2000
Adopted: February 9, 2000
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
W303:3738
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Cook County Recorder 31.50;
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RETURN TO:
Elgin City Clerk
150 Dexter Court
Elgin, IL 60120
GRANT OF UTILITY EASEMENT
TO CITY OF ELGIN
1425 Gifford Road
GE Capital Modular Space Property
This Grant of Easement is made by G.E. CAPITAL MODULAR SPACE, Division of
Transport International Pool,Inc., a corporation of Pennsylvania, ("Grantor")to the CITY OF
ELGIN, an Illinois municipal corporation and home rule unit,("Grantee") as of April 1, 1999.
WHEREAS, Grantor is the owner of a 24-acre tract of land located at 1425 Gifford Road in
the City of Elgin, which is legally described in Exhibit A hereto, (the "GE Capital Property") and
has installed a sanitary sewer pipeline along the western boundary thereof for the purpose of
connecting said tract of land to the sanitary sewer system owned and operated by the City of Elgin;
and
WHEREAS, Grantor desires to convey, and Grantee desires to accept, an easement over the
western 21 feet of the GE Capital Property, which is legally described in Exhibit B hereto (the
"Easement Area")for the operation,maintenance and replacement of a sanitary sewer pipeline and
other underground utility lines necessary or beneficial for the use and development of the GE Capital
Property.
NOW, THEREFORE, for and in consideration of Grantee's acceptance of ownership and
maintenance responsibility for the sanitary sewer pipeline therein, Grantor does hereby grant a
permanent, non-exclusive easement to Grantee in, under and through the Easement Area for the
construction, operation,maintenance, alteration, and replacement of a sanitary sewer pipeline and
other underground utility lines necessary or beneficial for the use and development of the GE Capital
Property.
The grant of easement herein does not preclude Grantor from improving the easement area
with paved driveways,parking lots,fencing or landscaping materials,provided such improvements
do not damage or burden any pipelines or utility lines therein. In the event Grantee enters the the
Easement Area for the purposes of maintenance or replacement of the pipelines or utility lines
therein, Grantee shall repair any damage caused by Grantee to Grantor's improvements therein.
APR-06-1999 12 29 ANCEL CLINK 3127823958 P.04/08
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The grant of easement herein is permanent,nonexclusive and appurtenant to the GE Capital
Property. All Provisions of this Grant of Easement run with the land of Easement Area and are
binding upon and enure to the heirs, assigns, successors, tenants of representatives of the Grantor
and Grantee.
G.E. CAPITAL MODULAR SPACE, CITY OF ELGIN
Division of Transport International Pool,Inc.
`f B : 1414).11k'
� y By: �
C
Its: \A9 r C_VO Mayor
Att : Attest:
An 21{20,-,....4_ ik-e.,,,,,,,_
Its: I)vv= ' i im,->r S Uti.‘"4-1— Clerk
Notarial Seal
Nina Hasiip.Notary Public
Phoenixviite Born,Chester County
MY Commission Expires April 8,2002
Member,Pennsylvania ASSOciaiion of Notaries
Prepared by:
William Cogley
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120
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NOTARY CERTIFICATE
COMMONWEALTH OF PENNSYLVANIA )
) SS.
•
COUNTY OF 1 �'r )
I,the undersigned,a Notary PO}'c,in and for the County and Commonwealth aforesaid,DO
RY CERTIFY that VI' / , personally known to me to be the
��EB /of G.E. Capital Modular Space,Division of Transport International Pool, Inc.,
a n d v s N c-t r'i i 7 � �- L ct ,p e r s o n a l l y known to me to be the D I 1 1 1, o bPI h'i3Od SR S. of
said company, and 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 severally acknowledged that
they signed and delivered the said instrument as their free and voluntary act, and as the free and
voluntary act and deed of said company for the uses and purposes therein set forth.
GIVEN under my hand and official seal,this /401 day of , 1999.
1J11/1‘(/ ft-d-
Notary Public
Commission expires ph / o7y
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00303338
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NOTARY CERTIFICATE
STATE OF ILLINOLS )
) SS.
COUNTY OF KANE )
I,the undersigned,a Notary Public,in and for the County and State aforesaid,DO HEREBY
CERTIFY that.ED S CHOCK ,personally known to me to be the Mayor of the City of Elgin, and
DOLONNA MECUM,personally known to me to be the City Clerk of said municipal corporation,
and 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 severally acknowledged that as such President
and Village clerk,they signed and delivered the said instrument and caused the corporate seal of said
municipal corporation to be affixed thereto,pursuant to authority given by the Board of Trustees of
said municipal corporation,as their free and voluntary act,and as the free and voluntary act and deed
of said municipal corporation, for the uses and purposes therein set forth.
a.,4 DO
GIVEN under my hand and official seal,this /11 ti day of u X999:
\LL f/ Notary lic
Commission expires i f 14 Oa- . / ,
OFFICIAL SEAL
SUELLYN LOSCH
NOTARY PUBLIC, STATE OF ILLINOIS
' My Commission Expires Oct. 27, 2002
N.?-ar ., T7 c 7 "W V'
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00303338 -
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EXHIBIT A
That part of Sections 29, 30, 31 and 32, Township 41 North, Range 9 East of the Third Principal
Meridian described as follows: Commencing at the Northwest corner of said Section 32 and running
thence South 01-20-22 East along the West line of said Section 32 a distance of 89.86 feet to the
point of beginning, thence North 90-00-00 East a distance of 211.63 feet, thence North 00-17-53
East along the West line of the property described in Deed recorded October 10, 1997 as Document
Number 97756245,a distance of 710.00 feet to the center line of Spaulding Road,thence South 90-
00-00 West along said center line of Spaulding Road a distance of 1473.00 feet to the Fast line of
Gifford Road,thence South 00-17-50 West along the East line of said Gifford Road a distance of
710.00 feet,thence North 90-00-00 East a distance of 1261.38 feet to the place of beginning,all in
Cook County,Illinois,containing 24.0090 acres,to the center line of Spaulding Road.
GLD1it 1A:\PASEMENT.WPD16220613.000
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EXHIBIT B
A 21.00 foot wide sanitary sewer easement over that part of the East half of the Northeast quarter
of Section 31, Township 41 North, Range 9 East of the Third Principal Meridian described as
follows: Commencing at an existing iron stake at the center line of Gifford and Spaulding Road;
thence North 89 degrees 58 minutes 09 seconds East, along the center line of said Spaulding Road
as monumented, a distance of 33.00 feet to the Easterly right of way line of said Gifford Road for
the point of beginning of said 21.00 foot wide sanitary sewer easement;thence South 00 degrees 13
minutes 56 seconds West, along said Easterly right of way line, a distance of 710.00 feet; thence
North 89 degrees 58 minutes 09 seconds East,parallel with said center line of Spaulding Road, a
distance of 21.00 feet to a line that is 21.00 feet Easterly of(as measured perpendicular to and
parallel to) said Easterly right of way line; thence North 00 degrees 13 minutes 56 seconds East,
along said parallel line, a distance of 710.00 feet to the aforesaid center line of Spaulding Road;
thence South 89 degrees 58 minutes 09 seconds West, a distance of 21.00 feet to the point of
beginning,being situated in the City of Elgin, cook County,Illinois and containing 0,34 acres more
or less.
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TOTAL P.08