04-212 ,
JULY, 2007
IN REVIEWING THIS FILE,IT WAS DETERMINED THAT AN EXECUTED COPY
OF THE AGREEMENT LISTED BELOW WAS NEVER RETURNED TO THE
CLERK'S OFFICE.
ALL THAT IS AVAILABLE IS THE ATTACHED DRAFT COPY OF THE
AGREEMENT AND ITS SUPPORTING PAPERWORK.
REFERENCE: RESOLUTION NO. 04-212
PASSED: JULY 28, 2004
SUBJECT: AGREEMENT WITH UNION NATIONAL BANK, AS TRUSTEE, FOR
SANITARY SEWER LINES AND WATER MAIN IMPROVEMENTS
FOR THE OTTER CREEK LIFT STATION AND FAR WEST AREA.
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• WHITE-ORIGINAL CANARY-DUPLICATE 44-900•Duplicate
Resolution No. 04-212
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT TO EASEMENT AGREEMENT
WITH UNION NATIONAL BANK, AS TRUSTEE, FOR SANITARY SEWER LINES
AND WATER MAIN IMPROVEMENTS
(Otter Creek Lift Station and Far West Area)
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 an Amendment to Easement Agreement for sanitary sewer lines and water main
improvements for the Otter Creek Lift Station Force Mains in the Far West Area with Union
National Bank, not personally, but as Trustee under Trust Agreement dated March 10, 1992 and
known as trust number 1395, for the property legally described on Exhibit A, a copy of which is
attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause
the Amendment to Easement Agreement to be recorded in the office of the Recorder of Deeds of
Kane County, Illinois.
s/Robert Gilliam
Robert Gilliam, Mayor Pro Tern
Presented: July 28, 2004
Adopted: July 28, 2004
Omnibus Vote: Yeas: 5 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
i
This Instrument Prepared
by and Return after
Recording to:
William A Cogley
City of Elgin
Legal Department
150 Dexter Court
Elgin, IL 60120
AMENDMENT TO EASEMENT AGREEMENT
This Amendment to Easement Agreement, made and entered into this 2'T/4day of
July, 2004, by and between the CITY OF ELGIN, an Illinois Municipal Corporation ("City")
and UNION NATIONAL BANK, not personally, but as Trustee under Trust Agreement dated
March 10, 1992, known as Trust No. 1395 ("Grantor").
WITNESSETH :
WHEREAS, Grantor and City entered into a certain Easement Agreement
("Agreement") dated June 18, 2001, and recorded August 8, 2001, in the office of the Kane
County Recorder as Document No. 2001K081140; and
WHEREAS, it is necessary to amend the Agreement to reflect the correct legal
description of certain of the easements granted in the Agreement.
NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) in hand paid to
Grantor, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1. The legal description of the "Sewer and Water Main Easement" which runs
along the south boundary of the Grantor's property, is hereby agreed by the parties to be as
follows:
A 50.0 foot-wide strip of land across the Southeast Quarter of
Section 30, Township 41 North, Range 8 East of the Third
Principal Meridian lying northeasterly of and parallel with a line
that is 192.0 feet northeasterly of the center line of the main
track of the former Illinois Central Gulf Railroad Company
(excepting therefrom that part thereof lying westerly of the East
line of Nolan Road as established by Document 1232476) in the
City of Elgin, Kane County, Illinois.
RE/Bangash/Elgin.amd
,
2. The legal description of the "Temporary Construction Easement" which runs
along the north boundary of the Sewer and Water Main Easement described in the foregoing
Paragraph 1 is hereby agreed by the parties to be as follows:
A 50.0 foot-wide strip of land across the Southeast Quarter of
Section 30, Township 41 North, Range 8 East of the Third
Principal Meridian lying northeasterly of and parallel with a line
that is 242.0 feet northeasterly of the center line of the main
track of the former Illinois Central Gulf Railroad Company
(excepting therefrom that part thereof lying westerly of the East
line of Nolan Road as established by Document 1232476) in the
City of Elgin, Kane County, Illinois.
3. In all other respects, the Agreement shall remain in full force and effect as
originally executed and as amended herein.
IN WITNESS WHEREOF, the parties have entered into and executed this
Amendment to Easement Agreement on the date and year first written above.
CITY OF ELGIN, an Illinois municipal UNION NATIONAL BANK,
Corporation as Trustee under Trust Agreement dated March
10, 1992, a known as Trust No. 1395
By: ./- Alt 461t4L. By:
Mayor Trust Officer
Attest: Attest:
City Clerk President
STATE OF ILLINOIS )
COUNTY OF KANE )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY that Ed Schock, Mayor and Dolonna Mecum, City Clerk, personally
known to me to 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
REBangash/Elgin.amd
delivered the said instrument as their free and voluntary act, for the uses and purposes therein
set forth.
Given under my hand and official seal this 2_0 day of July, 2004.
aftA rovo\
Notary Publ U
•
"OFFICIAL SEAL"
STATE OF ILLINOIS )
CHERYL DEARING
Notary Public,State of Illinois i
My Commission Expires 07/23/06 i
COUNTY OF KANE ) ��� - ��, - • • 9
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY that L at i cua v: and Fred L. Shaw personally
known to me to be a Trust Officer and President, respectively, of Union National Bank and
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 their free and voluntary act, and as the free and voluntary act of said bank, for
the uses and purposes therein set forth.
Given under my hand and official seal this ". day of July, 2004.
Notary Public
"OFFICIAL SEAL"
KATHLEEN A. HICKEY
Notary Public state of Illinois 4'
My Commiss, -.x2 us 03/19105
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RE/Bangash/Elgin.amd
C., :� § City of Elgin
Agenda Item No.
- i 1 t --` E 0 !
I1
I o,en Fit
G 'E"1 'g. : I1
I r11 - j101
Ti .
July 9, 2004 x 1 x.=
FINANCIALLY STABLE CITY GOVERNMENT
EFFICIENT SERVICES.
AND QUALITY INFRASTRUCTURE
TO: Mayor and Members of the City Council
FROM: David M. Dorgan, City Manager
Plifit9---
William A. Cogley, Corporation Counsel
SUBJECT: Amendment to Easement Agreement Relating to Otter Creek Sewer and Water
Easements Over the Bangash Parcel
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
rinformation regarding a necessary amendment to an easement agreement.
RECOMMENDATION
It is recommended that the City Council approve the proposed amendment to easement
agreement.
BACKGROUND
In June of 2001 the City and the owners of several parcels located west of Randall Road and
South of Bowes Road entered into easement agreements granting to the City certain easements
necessary for the construction of the Otter Creek Lift Station. One of these easement agreements
was over the so-called Bangash property.
As part of current engineering efforts for the development of the Bangash property, a new
surveyor has discovered an error by the surveyor who prepared the legal descriptions for the
easement agreement over the Bangash property. Attached is a proposed amendment to the
easement agreement over the Bangash parcel which would provide for the correct legal
description of the permanent and temporary easements. The record owner of the Bangash parcel
is Union National Bank as Trustee.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
rk None.
•
V
Amendment to Easement Agreement Relating to Otter Creek Sewer
eilliak and Water Easements Over the Bangash Parcel
July 9, 2004
Page 2
91(FINANCIAL IMPACT
None.
LEGAL IMPACT
VAKA/n amendment to the easement agreement is necessary to correctly identify the easement
premises.
ALTERNATIVES
None.
Respectfully submitted for Council consideration.
mg
elik
This Instrument Prepared DPP'1'
by and Return after
Recording to:
William A Cogley
City of Elgin
Legal Department
150 Dexter Court
Elgin, IL 60120
AMENDMENT TO EASEMENT AGREEMENT
This Amendment to Easement Agreement, made and entered into this day of
, 2004, by and between the CITY OF ELGIN, an Illinois Municipal Corporation
("City") and UNION NATIONAL BANK, not personally, but as Trustee under Trust
Agreement dated March 10, 1992, known as Trust No. 1395 ("Grantor").
WITNESSETH :
WHEREAS, Grantor and City entered into a certain Easement Agreement
("Agreement") dated June 18, 2001, and recorded August 8, 2001, in the office of the Kane
County Recorder as Document No. 2001K081140; and
WHEREAS, it is necessary to amend the Agreement to reflect the correct legal
description of certain of the easements granted in the Agreement.
NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) in hand paid to
Grantor, and other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties hereto agree as follows:
1. The legal description of the "Sewer and Water Main Easement" which runs
along the south boundary of the Grantor's property, is hereby agreed by the parties to-be as
follows:
• A 50.0 foot-wide strip of land across the Southeast Quarter of
Section 30, Township 41 North, Range 8 East of the Third
Principal Meridian lying northeasterly of and parallel with a line
that is 192.0 feet northeasterly of the center line of the main
track of the former Illinois Central Gulf Railroad Company
(excepting therefrom that part thereof lying westerly of the East
line of Nolan Road as established by Document 1232476) in the
City of Elgin, Kane County, Illinois.
RE/Bangash/Elgin.amd
2. The legal description of the "Temporary Construction Easement" which runs
along the north boundary of the Sewer and Water Main Easement described in the foregoing
Paragraph I is hereby agreed by the parties to be as follows:
A 50.0 foot-wide strip of land across the Southeast Quarter of
Section 30, Township 41 North, Range 8 East of the Third
Principal Meridian lying northeasterly of and parallel with a line
that is 242.0 feet northeasterly of the center line of the main
track of the former Illinois Central Gulf Railroad Company
(excepting therefrom that part thereof lying westerly of the East
line of Nolan Road as established by Document 1232476) in the
City of Elgin, Kane County, Illinois.
3. In all other respects, the Agreement shall remain in full force and effect as
originally executed and as amended herein.
IN WITNESS WHEREOF, the parties have entered into and executed this
Amendment to Easement Agreement on the date and year first written above.
CITY OF ELGIN, an Illinois municipal UNION NATIONAL BANK, _
Corporation as Trustee under Trust Agreement dated March
10, 1992, and known as Trust No. 1395
By: By:
Mayor Trust Officer
Attest: Attest:
•
City Clerk President
STATE OF ILLINOIS )
COUNTY OF KANE ) •
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY that Ed Schock, Mayor and Dolonna Mecum, City Clerk, personally
known to me to 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 their free and voluntary act, for the uses and purposes therein
set forth.
RE/i3angash/Elgin.amd
Given under my hand and official seal this day of , 2004.
Notary Public
STATE OF ILLINOIS )
COUNTY OF KANE )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY that and Fred L. Shaw personally
known to me to be a Trust Officer and President, respectively, of Union National Bank and
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 their free and voluntary act, and as the free and voluntary act of said bank, for
the uses and purposes therein set forth.
Given under my hand and official seal this day of , 2004.
Notary Public
rm.
REBangash/Elgin.amd