05-158 Resolution No. 05-158
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT
FOR SANITARY SEWER PURPOSES FROM TOWN AND COUNTRY HOMES
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 a grant of easement for sanitary sewer purposes from Town and Country Homes 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 plat of easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois.
s/Ed Schock
Ed Schock, Mayor
Presented: May 11, 2005
Adopted: May 11, 2005
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
PLAT OF EASEM VT GRANT
• BEING A PART OF.THE SOUTH HALF OF SE AND THE NORTH •
HALF OF SECTION 19, TOWNSHIP N NORTH,-RA 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN, IN KANE COUNTY, ILLINOIS.
H warm•E ///���.PaNT OF
a0.0B [ DCpNMNG
NF COUNTY RECORDER'S RTIFl A
S5.
F MANE)
IUYENT WAS FILED FOR FOR
THE RECORDER'S OFFICE OF KANE COUNTY,ILLINDS,ON THE
VY D< A.D.,20_AT
�4.AND WAS RECORDED IN OUT ENVELOPE N0.
/1\ 6 SCALE:1' 50'
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COUNTY RECORDER
/ � /// \\ \`\ •c "rar iw rweF[[or A[cwml^o[
OWNER'S CERTIFICATE /•/ / \ro X'`y� 'P�Fr ."�^'.Mal
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CERTIFY THAT NATIONAL DEVELOPERS,INC.IS/ARC THE OWNER(S)OF / / d04`y, BAN/TARY B8w8R
TTY DESCRIBED HEREON AND OD(ES)WILLINGLY ACCEPT AND APPROVE HERQBY�O 8r EASLMEMT �' \
f OF EASEMENT AS DESCRIBED HEREON. ORAMTBD \ x6
IlNDS THIS.0,9-KDAY OF / "C TO TMQ CITY O/
/4a`4 ELOIN
ATTEST:
// \ IVI.I l.11r VI run.Itt
NOTARY'S CERTIFICATE
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A NOTARY PUSUC IN
4O COUN1Y IN TIHE STATE AFO�RELSAD,00 HEREBY CERTFY
TO SAME PERSONS.S.WHO E NA I d QP
,Y KNOWN TO ME TO CI THE SAME NT.AS OWNERS.WNOE NAMES 1 1`\ OPIwAT
;RIBED TO TIE E REO AN ACKNOWLE AS HAT T Y SEARED
THIS DAY IN PERSON AND AS THEIR OWN THAT THEY SIGNED PARCEL 5 \\� I /`\ MTAfNMAUWAi[R
IfAACCTS.FOR THE USESANAND PURPOSES THEREIN SEfDFORTH. ) 1 c[uER NOTE
Imo, I V CASEUENi PER OOC.
ER MY HAND AND NOTARIAL SEAL THIS 36NDAy 1 ( I 1`\\ 200rN14155T
.��. -A.D.,ZO u a 1 1 s0 I /a�, x] TEMPORARY CONSTRUCTION EASEMENT TO
FR
TERMINATE I YEAR OM THE RECORDING 1 I, yyal I E% .0 OF THIS PLAT.
i slain
IBUC MY MISSION EkPIRE3�(/ O.f 1 1
:w.sLAL'
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TEMPORARY 1 ER Da.
;;".k yHivaN CITY COUNCIL CERTIFICATE CONSTRUCTION I IOU �e1 1 /
dirwNa18Ail .°. HERESYEGRAMTED 1
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as.
TO THE COT 0P 18 ^I I / 5/1NITARY EASEMENT PROVISIONS
'
KANE) � ELO/N 1 Iz
BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ELGIN,KANE 1 / A NON-EXCLUSIVE PERMANENT EASEMENT RIGHT IS HEREBY RESERVED FOR,
LLIHOIa.THIS_DAY OF A.D,. 1 I I /1 ND GRANTED T0,THE CITY OF ELGIN AND ITS SUCCESSORS AND ASSIGNS
(GRANTEE).OVER,UNDER,AND UPON THE AREAS DESIGNED HEREON AS
1 .1G' / PURPO ES Of THHE CONSTRUCTION.RECONESTRUC ON.REMOVAL REPAIR.
:LOIN,MANE COUNTY, ILLINOIS 4 1 I FOR THE
REPLACEMENT,INSTALLATON AND INSPECTION Of IMPROVEMENTS AND
I / APPURTENANCES.DEEMED NECESSARY BY THE GRANTEE TO SERVE TH EE
ATTEST, O.4„ I 1(^ I AND OTHER LANDS WITH SANITARY SEWER.TOGETHER WITH THE RIGHT OF
MAYOR GITV CL EPK 1 1 \\l1. ACCESS fOR PERSONNEL AND COVIPMENT DEEMED NECESSARY BY THE
BAN/TARY B8w8R 1 1 ) GRANTEE TO ACCOMPLISH SUCH PURPOSES.
6W. .EASSMENT 1 ,// s 441.760'E
1 1.7a' THE GRANTEE IS HEREBY GRANTED ME RIGHT TO ENTER UPON THE
MIATOO ORANTLD /\ PROPERTY FOR THE PURPOSES HEREIN SET FORTH. ALSO HEREBY
TO T eLO/N Y OP 1 // `\ /` f Ip JlOp? W GRANTED IS THE RIGHT TO WT.TRIM.OR REMOVE ANY TREES.SHRUBS 01R
/ OTHER PLANTS WTHIN SAID EASEMENT ARCAS WHICH,IN THE OPINION OF
EASEMENT DESCRIPTION L /497r%0'W THE GRANTEE,INTERFERE WITH THE ABOVE NOTED PURPOSES. NO
50.]4 hW'Y PERMANENT BUILDINGS,STRUCTURES OR OTHER OBSTRUCTIONS SHALL BE
THAT PART OF PARCEL 5 IN REMINGTON AT PROVIDENCE,BEING A SUBDIVISION / ERECIEO OVER SAID AREAS, SAID AREAS MAY BE USED FOR
OF PART OF ME SOUTH HALF OF SECTION 18.AND THE NORM HALF OF LANDSCAPING.FENCING OR OTHER PURPOSE,IF APPROVED BY THE
SURVEYOR'S CERTIFICATE SECTION 19,TOWNSHIP 41 NORTH,RANGE 8 EAST,AND PART OF THE EAST \ J// GRANTEE,IF SUCH USE DOES NOT THEN OR LATER INTERFERE WITH THE
HALF Of SECTION 24,TOWNSHIP 41 NORM,RANGE 7 EAST OF THE THIRD /\ AFOREMENTIONED PURPOSES.
PRINCIPAL MERIDIAN,ACCORDING TO THE PUT THEREOF RECORDED NOVEMBER /
F ILLINOIS) 16,2004 AS DOCUMENT NUMBER 2OO4K146557,IN KANE COUNTY,IWNOIS
SS DESCRIBED AS FOLLOWS:
DU PALE)' BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL 5 IN REMINGTON AT / PREPARED BY:
CERTIFY THAT 1,PETER A.BIAESERW AN ILLINDS PROVIDENCE,THENCE SOUTH 49 DEGREES 27 MINUTES 10 SECONDS CAST /
VAL LAND SURVEYOR.HAWS PREPARED THE PLAT OF ALONG THE NORTHERLY LINE OF SAID PARCEL 640.09 FEET.THENCE SOUTH 08 C E M C O N
T FOR THE PROPERTY DESCRIBED HEREON AND THAT DEGREES 07 MINUTES 11 SECONDS WEST,X0}.86 FEET:THENCE SOUTH 49' // ] '
DEGREES 27 MINUTES 10 SECONDS EAST,41.76 FEET TO THE SOUTHEASTERLY Co .IVn9 E,,I;I .r.,Len6 Surv.yon Y Plomm�
URATELV DERG14 SAID PROPERTY. /
lwE OF SAID PARCEL 5;THENCE SOUTH 40 DECREES 32 MINUTES 50 SECONDS p 2260 wNItA Oc4 OrtM,Sulto 100
NA AND` MIS 16TH DAY OF MARCH,A.D., WEST ALONG SAID SOUTHEASTERLY UNE,30.00 FEET;THENCE NORTH 49 �'l A, Ililnob 60504-9675
OEGREC9 27 MINUTES 10 SECONDS WEST,58.24 FEET;THENCE NORM OB / pH:6X0.162.2100 FAX:6X0.662.2199
OEGPECS 07 MINUTES 11 SECONDS EAST,30X68 FEET;THENCE NORTH SID E-Mall:ce96BC.m.en.FOm W.9.lt.:....e.mwn.eem
B DEGREES 27 MINUTES 10 SECONDS WEST.623.61 FEET TO THE NORTHWESTERLY r
-r Agenda Item No.
�. City of Elgin
A. fill S�
in!!
April 22, 2005
TO: Mayor and Members of the City Council
. FINANCIALLY STABLE CITY GOVEFPJMENT
EFFIC IENTSERVICES;:
AND CfU4UT Y.INFRASTRUCTURE
FROM: Olufemi Folarin, City Manager
John M. Loete, Public Works erector
SUBJECT: Acceptance of Sanitary Sewer Easement by Town and Country Homes in
Providence Subdivision
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider the acceptance of a public sanitary sewer easement at Town and Country
Homes.
RECOMMENDATION
•
It is recommended that the City Council accept the Plat of Easement grant and authorize staff to
execute the necessary documents.
BACKGROUND
Town and Country Homes, dba National Developers, is the owner and developer of Providence
Subdivision located on U.S. Route20,just east of Nesler Road. The subdivision includes single
family attached and detached homes. It also includes a parcel set aside for a future school site
for School District 301 and a future park site. The proposed easement is located along the
northeastern edge of the school site parcel. Attached as exhibit A is a map depicting the school
site parcel and exhibit B is the plat of easement grant executed by the owner.
The proposed easement is necessary to extend Otter Creek Interceptor Sewer (publicly owned
and maintained) from its current terminus at Water Road to Nesler Road. The sewer to be
located in the subject easement will serve several proposed subdivisions in the area including
Tall Oaks by Wyndham Deerpoint Homes, West Point Gardens by West Point Builders,
Highland Woods by Crown Development and Pingree Creek by Sho-Deen Homes.
Since it is for the benefit of multiple developments, it must be dedicated to the City. The
acceptance of the easement will allow for construction access and for maintenance of the public
• improvement. Town and Country has agreed to grant an easement even though the sewer
extension does not serve them.
Acceptance of Easement by Town and Country Homes
• April 22, 2005
Page.2
COMMUNITY GROUPSANTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
There are no costs to the City for acquiring the easement. A cost for recording the document of
$50 will be paid by the City and reimbursed by the developer. The expense will be charged to
the General Fund, Engineering Division budget, account number 010-3311-752.32-05, "Legal
Recording Fees" where there is currently $500.00 budgeted and $384.00 available.
LEGAL IMPACT
WWVINone.
ALTERNATIVES
1. Accept the grant of easement for the sanitary sewer.
• 2. Do not accept the grant of easement for the sanitary sewer. This may delay approval of
other developments planning to be served by a public gravity sanitary sewer.
Respectfully submitted for Council consideration.
(do)
Attachments
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•
EXHIBIT A
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EXHIBIT B
PLAT OF EASEMENT
FOR
SANITARY SEWER
THROUGH TOWN AND COUNTRY
� HOMES PROPERTY
• PLAT OF EASEM T GRANT
BEING A PART OF,THE SOUTH HALF OF SE AND THE NORTH '•
HALF OF SECTION 19, TOWNSHIP 41 NORTH, RAN 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN THE CITY OF ELGIN, IN KANE COUNTY, ILLINOIS.
' N 40JI' E PUNT 01
' JO.Otl OEUNNIHC '
PARCEL 1 31 N
NE COUNTY RECORDER'S CERTIFICATE �• pp� \// \ \
SS / \
F KANE) /• / \\
IVMENT WAS FILED FOR FOR \\\ \ 30
THE RECORDER'S OFFICE OF KANE COU Ntt,ILLINOIS.ON TIE \ ••)S
1Y a< A.O.,x0_AT / _ \ \ \\\ 70 21 0
AND WAS RECORDED IN PLAT ENVELOPE NO. /• \ \\ IQ�
/1\ \ \ B SCALE:1•DSO'
COVNtt RECORDER � \\\ \\ Y
`\ \\\ ou rcl,Tq rvso[u a rccaAOlKO[
OWNER'S CERTIFICATE
CERTIFY MAT NATIONAL DEVELOPERS,INC.IS/ARE ME OWNER(S)OF / j `'AT�`en SANEASa BMTWER\\ f>,•2 �
TTY DESCRIBED HEREON AND DO(ES)WILLINGLY ACCEPT AND APPROVE / 4-0�. MERSEY GRANTEE w\\ \\\\ xe
[OF EASEMENT AS DESCRIBED HEREON.
ILLINOIS N15,ZQµroAV OF /' /// _ TO THE CITY OP \\ \ LEOEND ELGIN
A.D..ZOy��a"T-``T--�R����•���
A1TESi:
/ ILI4.1 till.LI ury AIR[
NOTARYS CERTIFICATE
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ILLINOIS) / / P(uINOTCN T PROVDLNCf I Hr „4
°DuPs�e SS / PER DUG \ \\ \\\\' .-1-L,"F
n LoZ'T"AL
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A NOTARY PUBLIC IN
;AID COU Ntt IN TIE STATE AFORESAID.DO HEREBY CERTIFY
IBC..,...] APED / I I `b P
.Y KNOW TO ME TO BE TIE SAME PER S WHOSE NAMES I 1 Q TEW$*wG xx
.PIBM TO TIE FOREGOING INSTRUMENT,AS OWNERS.APPEARED
THIS DAY IN PERSON AND ACKNOWLEDGED NAT THEY SIGNED PARCEL 5 `\� j \\ SAORMWATER
FRED THE SAID INSTRUMENT AS THEIR OW FREE AND I CEMENT
I V EASEMENT PER D.C. � S
ACTS FOR TIE USES AND PURPOSES THEREIN SET FORK. top• I 1 1\\\ x00HN146m)
ER HAND AND NOTARIAL SEAL NI$L5`DAY OF
+ MY -A.D.,20 H! 1 1 TEMPORARY CONSTRUCTON EASEMENT TO
1 1 1O\ TERMINATE I YEAR FROM THE RECORDING
I �) I OF NIS PLAT.
1 18 I I A$,EM.Try )
1BLIC MY C MISSION EXPIRES, �d- 1 (a( F
fP IDOL,
1 ' 200ANI.553//
aN.SiAC rervoRARr
Ik° �NI CITY COUNCIL CERTIFICATE CO`MBMEMT N HEREBY GRANTED �eeWj j /
WILL.-El To THE CITY or I jE' �1 I i/ SANITARY EASEMENT PROVISIONS
ss.
' KANEI BLO/M
BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ELGIN. KANE I 1 A NON-EXCLUSIVE PERMANENT EASEMENT RIGHT IS HEREBY RESERVED FOR,
LLINO15,THIS_DAY OF A.D.. 1
1 AND GRANTED T0,TIE CITY OF ELGIN AND ITS SUCCESSORS AND ASSIGN$
(GRANTEE),OVER,UNDER,AND UPON TIE AREAS DESIGNED HEREON AS
Jo' PURPOSES OF TIRE CONSTR CTON.RECONSTRUCTDN,REMOVAL EP AIR,
ANJARY ELGIN, KANE COUNTY, ILLINOIS 4 1 ( / I
REPLACEMENT,INSTALLATION AND INSPECTION OF IMPROVEMENTS AND
I I / APPURTENANCES,DEEMED NECESSARY BY ME GRANTEE,TO SERVE THESE
ATTCST� 1 1 C AND OTHER LANDS WIN SANITARY SEWER.TOGETHER WITH TIE RIGHT OF
MAYOR CITY CLERK I 1 ♦\(L �y ACCESS FOR PERSONNEL AND EQUIPMENT DEEMED NECESSARY BY THE
SANITARY SEWER 1 I 7 \ °49z71o•E GRANTEE TO ACCOMPLISH SUCH PURPOSES.
BASEMENT I 41.76' ME GRANTEE IS HEREBY GRANTED THE RIGHT TO ENTER UPON THE
HEREBY GRANTED I PROPERTY FOR ME PURPOSES HERON SET FORTH, ALSO HEREBY
TO THE CITY OP / \ / S 4072.50•W GRANTED IS ME RIGHT TO CUT,TRIM,OR REMOVE ANY TREES,SHRUBS OR
ELO/M i // \ /`'JD.Op' OTHER PLANTS WMIN SAID EASEMENT AREAS WHICH,IN ME ORNION OF
EASEMENT DESCRIPTION A9srto•w ME GRANTEE.INTERFERE WIN ME ABOVE NOTED PURPOSES. NO
-24' yd" PERMANENT BUILDINGS,STRUCTURES OR OTHER OBSTRUCTIONS SHALL BE
NAT PART OF PARCEL 7 IN REMINGTON AT PROVIDENCE,BEING A SUBDIVSION / ERECTED OVER SAID AREAS. SAID AREAS MAY BE USED FOR
OF PART OF ME SOUTH HALF OF SECONN 18.AND ME NORTH HALF OF j LANDSCAPING,FENCINO,OR OTHER PURPOSE,IF APPROVED BY ME
SURVEYOR'S CERTIFICATE SECTION 19,TOWNSHIP 41 NORTH,RANGE 8 EAST,AND PART OF ME EAST \ ./ GRANTEE,IF SUCH USE DOES NOT THEN OR LATER INTERFERE WITH ME
HALF OF SECTION 24,TOWNSHIP 41 NORM.RANCE 7 EAST OF THE THIRD /\ AFOREMENTIONED PURPOSES.
PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER /
F ILLINOIS) 16.2004 AS DOCUMENT NUMBER 30041(146557,IN KANE COUNTY.ILLINOIS
GS AS FOLLOWS:
OU PACE) BEGINNING AT ME NORTHWESTERLY CORNER OF PARCEL 8 IN RNINGTON AT % PREPARED BY,
CERTIFY NAT I,PETER A.BLAESER,AN ILLINOIS PROVIDENCE;THENCE SOUTH 49 DEGREES 27 MINUTES 10 SECONDS EAST CEM�ON Ltd,
AL LAND SURVEYOR,HAVE PREPARED NE PLAT OF ALONG ME NORTHERLY LINE OF SAID PARCEL 640.09 FEET;THENCE SOUTH 08
DEGREES 07 MINUTES 11 SECONDS WEST,30],66 FEET:THENCE SOUTH 49
�UIATELY FOR ME PROPERTY DESCRIBED HEREON AND NA1 / 9 °
DEGREES 27 MINUTES 10 SECONDS EAST,41.76 FEET TO ME SOUTHEASTERLY CPn4ullinp Enpinun,LRntl S—,YOU 4 P-T-m
DEPICTS SAID PROPp2TY. /LINE OF SAID PARCEL 5:MENGE SOUTH 40 DEGREES 32 MINUTES SO SECONDS 2260 WN14 OcK CIrcIR,Wt4 100
NA AND" NIS 16TH DAY OF MARCH,A.D., WEST ALONG SAID SOUTHEASTERLY LINE.30.00 FEET.MENGE NORM 40 A—,IIIInoM 60504-°675
DEGREES 27 MINUTES 10 SECONDS WEST,58.24 FEET;THENCE NORTH OB PH:6]0.862.x100 FAX:DEGREES 07 MINUTES 11 SECONDS EAST,303M FEET:THENCE NORM 4D // E -----
DECREES 27 MINUTES 10 SECONDS WEST,623.61 FEET TO ME NORTHWESTERLY � _,_. ___.__ _,_,,,.,_ _,,,__,.,___„_