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06-309 Resolution No. 06-309 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AND RESERVATION OF EASEMENT FOR CITY OWNED PROPERTY NORTH OF PLANK 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 a grant and reservation of easement for the city-owned property north of Plank Road,a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the grant and reservation of easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/Ed Schock Ed Schock, Mayor Presented: December 20, 2006 Adopted: December 20, 2006 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk -33 Resolution No.06-309 RESOLUTION AUTHORIZING EXECUTION OF A GRANT AND RESERVATION OF EASEMENT FOR CITY OWNED PROPERTY NORTH OF PLANK 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 a grant and reservation of easement for the city-owned property north of Plank Road,a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the grant and reservation of easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. Ed Schock, Mayor Presented: December 20, 2006 Adopted: Vote: Yeas Nays: Recorded: Attest: Dolonna Mecum, City Clerk This Instrument Prepared By and Return After Recording to: William A. Cogley City of Elgin Legal Department 150 Dexter Court Elgin, IL 60120-5555 GRANT AND RESERVATION OF EASEMENT THIS GRANT AND RESERVATION OF EASEMENT is made this 20th day of December, 2006, by the CITY OF ELGIN, an Illinois municipal corporation, (hereinafter referred to as the "City"). WITNESSETH: WHEREAS, the City owns certain real estate located north of Plank Road in the City of Elgin, Kane County, Illinois; and WHEREAS, the City is contemplating the sale of a portion of such City owned property and the City has determined that it is in its best interests to grant and reserve unto itself an easement over that portion of the City's property legally described and depicted on the easement exhibit prepared by V-3 Engineers dated December 16, 2005, attached hereto as "A", (such portion of the City's property legally described and depicted on Exhibit "A" attached hereto is hereinafter referred to as the "Easement Premises"). NOW, THEREFORE, the City hereby grants and reserves unto itself the City of Elgin, an Illinois municipal corporation, a permanent and exclusive easement to install, construct, operate, use, maintain, repair, service, upgrade, replace or remove public utilities, including but not limited to, sanitary sewer lines, water mains and/or storm sewers, and appurtenances relating thereto, in, through, under and upon the Easement Premises. No person or entity, including,but not limited to, any successor owners of the property of which the Easement Premises are a part shall construct any buildings or structures nor plant any A trees on the Easement Premises nor undertake any activities which unreasonably interfere with the Easement Premises and the City's intended use thereof. The City may utilize the services of third party contractors, employees or other agents to perform work in the Easement Premises. This Grant and Reservation of Easement shall survive-any sale by the City of the Easement Premises and surrounding property and shall be binding upon all successors and assigns to title to the Easement Premises and shall run with the land. This agreement shall be recorded by the City with the Kane County Recorder. IN WITNESS WHEREOF, the City of Elgin has entered into and executed this Grant and Reservation of Easement on the date and year first written above. CITY OF ELGIN, an Illinois municipal corporation By Mayor Attest: City Clerk STATE OF ILLINOIS ) SS. COUNTY OF K A N E ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Ed Schock, Mayor, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal, this day of , 2006. 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