06-288 Resolution No. 06-288
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT TO GRANT OF EASEMENT
WITH MENARD, INC. FOR RELOCATION OF
WATERMAIN ON RANDALL 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 an Amendment to Grant of Easement with Menard, Inc. for relocation of water main on
Randall Road, a copy of which is attached hereto.
s/Ed Schock
Ed Schock, Mayor
Presented: December 6, 2006
Adopted: December 6, 2006
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
•
AMENDMENT TO GRANT OF EASEMENT
This Amendment to the Grant of Easement ("Amendment") is made as of this e.TII day of
0 C C, , 2006, by and between MENARD, INC., a Wisconsin corporation located at 4777
Menard Drive, Eau Claire, Wisconsin 54703 (hereinafter referred to as "Grantor") and the City
of Elgin, an Illinois municipal corporation(hereinafter referred to as the "City").
RECITALS
WHEREAS, Grantor owns Lot 7 of the Replat of Lot 2 of Woodbridge North
Commercial Subdivision("Grantor's Property");
WHEREAS, Grantor granted to City a water line and sanitary sewer easement dated July
10, 2000, and filed for record on August 30, 2000, as Document No. 2000K069451 in the
records of Kane County, Illinois ("Easement"); and
WHEREAS, Grantor and the City agree to amend said Easement to vacate and relocate a
portion of the water line easement only affecting Grantor's Property.
NOW, THEREFORE, in consideration of one and no/100 dollars ($1.00), the conditions,
the mutual covenants and agreements contained herein, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and the
City agree to amend the Easement as follows:
1. Definitions. All capitalized terms not defined in this Amendment shall have the same
meaning ascribed to those terms in the Easement.
2. Relocation of Easement Area.
a. Pages 10-14 of the Easement is hereby replaced with the legal description within
Exhibit "A-1" attached hereto and incorporated herein and Page 18 of the Easement
is hereby replaced with the depiction contained in Exhibit "A-2" attached hereto and
incorporated herein. Any and all references to the water line legal description and
depiction within the Easement shall henceforth reference Exhibit "A-1" and Exhibit
"A-2" accordingly. This relocation of a portion of the water line easement is made in
accordance with section 1 of pages 1 and 2 in the Easement, as amended herein.
b. No part of the sanitary sewer line as reflected and described within the Easement
will be affected by this Amendment.
c. No part of Lots 1-6 to the Replat of Lot 2 of Woodbridge North Commercial
Subdivision will be affected by the partial relocation of the water line on
Grantor's Property as shown in Exhibits A-1 and A-2 attached hereto and
incorporated herein.
d. Grantor and City hereby release the description and depiction of the water line
easement area described and depicted within the Easement and adopt the new
water line easement area as described and depicted within this Amendment.
MISCELLANEOUS
1. Relocation of Water Main. All costs relating to the relocation of the water main from
the previous easement area shall be the responsibility of the Grantor with the City having no
responsibility for the same. Any relocation of the water main shall be pursuant to the plans and
specifications approved by the City.
2. Date. This Amendment shall be dated and effective and binding as of the date of its last
execution by the parties hereto.
3. Governing Law. This Amendment shall be construed, interpreted and enforced under
the laws of Wisconsin.
4. Execution in Counterparts. This Amendment may be executed in several counterparts,
each of which may be deemed an original, and all such counterparts together shall constitute one
and the same Amendment.
5. Severability. If any portion, section, subsection, sentence, clause, paragraph or phrase of
this Amendment is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Amendment.
6. Recording. Following full execution by the Parties, this Amendment shall be recorded
in the office of the Register of Deeds for Kane County, Illinois.
7. Amendment. The terms of this Amendment shall supersede and control if and where
there is a conflict with the terms, provisions, and exhibits of the Easement and the Amendment;
in all other respects, the terms, provisions and exhibits of the Easement shall remain unmodified
and in full force and effect.
8. Successors and Assigns. The perpetual easement and all covenants and easements herein
shall run with the land and shall inure to the benefit of and be binding upon the parties, their
successors and assigns.
9 Notices. Any notice, demand, request or other communication which may or
shall be given or served by any Party to this Agreement to all of the other Parties to this
Agreement, shall be deemed to have been given or served on the date the same is deposited in
the United States Mail, registered or certified, return receipt requested, postage prepaid, sent by
facsimile transmission or given to a nationally recognized overnight courier service for next
business day delivery and addressed as follows:
If to Grantor: Menard, Inc.
Attn: Vice President
4777 Menard Drive
Eau Claire, WI 54703
Phone: (715) 876-2207
Fax: (715) 876-5960
If to City: City of Elgin
Attn: Mayor
150 Dexter Court 60120
Elgin, Illinois
Phone: (847) 931-5590
Fax: (847) 931-5610
The above addresses may be changed at any time by the parties by notice given in the
manner provided above.
Grantor and the City agree that electronically reproduced signatures such as by facsimile
transmission are valid for execution or amendment of this Agreement and that electronic
transmission/facsimile is an authorized form of notice as that term is used in this Agreement.
10. Entire Agreement. This Amendment contains the entire agreement between the Parties
with regard to the subject matter hereof and may be modified or amended only by a written
agreement signed by all of the Parties hereto.
[REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK]
• IN WITNESS WHEREOF, the parties hereto have executed this instrument.
EXECUTED ON: GRANTOR: MENARD, INC., a Wisconsin
co 'oration
By: 1! / &//
Mary Proc aska
Vice President
This 14 day of l/¢� , 2006
STATE OF WISCONSIN )
)ss.
COUNTY OF EAU CLAIRE)
On this 1-I day of ,\.,I(511ejA6V1, 2006, before me a Notary Public within and for this
County and State, personally appeared Mary Prochaska to me personally known, who, being by
me duly sworn did say that he is the Vice President of Menard, Inc., the corporation named in the
foregoing instrument, and that this instrument was signed on behalf of the corporation by
authority of its Board of Directors and that Mary Prochaska, Vice President acknowledged this
instrument to be the free act and deed of Menard, Inc.
)1
N ary Public Eau Claire County
JLIA M * My Commission expires a( date S, )
I
V
',! ..n'\-QV 4
EXECUTED ON: GRANTEE: CITY OF ELGIN, an Illinois
municipal corporation
This belay of )ecember2006
Ed Schock
Its: Mayor
Attest:
City Clerk
STATE OF ::LL7:NOiS )
)ss.
COUNTY 03 EANE )
On this _644" day of December , 2006,before me a Notary Public within and for this
County and State, personally appeared Ed Schock, Mayor , to me personally know., who,
being by me duly sworn did say that he is theyut ,
named in the foregoing instrument, and that this instrument was signed on behalf of the City of
Elgin by authority of its c yitiapcxxxysixxxxDiamersc and that
he acknowledged this instrument to be the free act and deed of the
- �/
-OFFICIAL,SEAL- , No .• Publi _ County
JENNIFER QUINTON My Commission: O%130(68
'.utary Pubic,Mate of Illinois
i
Ly Coi:.miss,cr)Expires 08/30/08
THIS INSTRUMENT DRAFTED BY AND
AFTER RECORDING RETURN TO:
Heidi L. Petf:rsor.
Corporate Counsel
Menard,Inc.
Properties D vision
4777 Menard Drive
Eau Claire,WI 54703
Phone: (715) 876-2132
Fax: (715) 876-5960
•
• EXHIBIT A-1
LEGAL DESCRIPTION OF REVISED WATER LINE EASEMENT AREA
Situate in Section 28, Township 41 North, Range 8 East of the Third Principal Meridian, City of
Elgin, County of Kane, State of Illinois, and being a water line easement over Lots 4, 5 & 7 of
Replat of Lot 2 of Woodbridge Commercial Subdivision as recorded in Document Number
1999K079443 (all references to deeds, microfiche, plats, surveys, etc., refer to the records of the
Kane County Recorders Office,unless noted otherwise), said easement being twenty(20) feet in
width, ten(10) feet on each side of the herein described centerline, and being more particularly
described as follows:
Commencing for reference at an iron pin (found) at the southeast corner of said
Subdivision;
thence along said Subdivision line for the following three (3) courses:
1. South eighty-seven degrees fifty-nine minutes forty-two seconds West(S87°
59'42"W) for eight hundred twenty five and 04/100 feet(825.04');
2. North forty-six degrees fifty-six minutes six seconds West (N46°56'06"W) for
thirty-five and 31/100 feet (35.31');
3. North one degree fifty-one minutes fifty-three seconds West (NO1° 51'53"W) for
two hundred forty and 99/100 feet (240.99')to the TRUE POINT OF
BEGINNING of the herein described easement;
Thence over Lots 4, 5, & 7 for the following seventeen (17) courses:
1. North eighty-eight degrees eight minutes seven seconds East (N88° 08'07"E) for
three hundred forty-nine and 77/100 feet(349.77');
2. North forty-three degrees eight minutes seven seconds East (N43° 08'07"E) for
fourteen and 14/100 feet (14.14');
3. North one degree fifty-one minutes fifty-three seconds West (N01°51'53"W) for
two hundred eighty-seven and 06/100 feet(287.06');
4. South eighty-eight degrees eight minutes seven seconds West (S88° 08'07"W) for
one hundred seventy-three and 54/100 feet (173.54');
5. North one degree fifty-one minutes fifty-three seconds West (NO1° 51'53"W) for
four hundred nineteen and 91/100 feet (419.91')to a point;
6. North eighty-eight degrees six minutes forty-seven seconds East(N88° 06'47"E)
for one hundred seventy-three and 54/100 feet (173.54');
7. North one degree fifty-one minutes fifty-three seconds West(N01°51'53"W) for
ninety and 62/100 feet (90.62');
8. North thirty-three degrees twenty-four minutes fourteen seconds East
(N33°24'14"E) for seventy-one and 14/100 feet(71.14');
9. North eighty-eight degrees eight minutes seven seconds East (N88°08'07"E) for
three hundred ninety five and 43/100 feet (395.43');
10. South one degree fifty-two minutes ten seconds East (S01°52'10"E) for five
hundred forty five and 78/100 (545.78');
11. South thirty-six degrees fifty minutes fifty-three seconds West (S36°50'53"W) for
fifty and 26/100 feet (50.26');
12. South eighty-eight degrees eight minutes seven seconds West (S88°08'07"W) for
sixty-five and 52/100 feet (65.52');
13. South thirty-nine degrees thirty-two minutes forty-two seconds West
(S39°32'42"W) for seventy-two and 69/100 feet (72.69');
14. South eighty-eight degrees eight minutes seven seconds West (S88°08'07"W) for
two hundred fifty five and 16/100 feet (255.15');
15. North one degree fifty-one minutes thirty-nine seconds West(N01°51'39"W) for
seventy and 05/100 feet (70.05');
16. North forty-six degrees thirty-seven minutes fifty-one seconds West
(N46°37'51"W), along said centerline for three quarters of a foot(.075'); and
17. South eighty-eight degrees eight minutes seven seconds West(S88°08'07"W) for
thirty six and no/100 feet (36.00') and thereby terminate.
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