13-65 Resolution No. 13-65
RESOLUTION
AUTHORIZING EXECUTION OF AND GRANTING A TEMPORARY
CONSTRUCTION EASEMENT IN FAVOR OF THE COUNTY OF KANE
(Randall Road over Sandy Creek Culvert 11)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and
directed to execute a temporary construction easement granting a temporary construction easement to
the County of Kane over certain property owned by the City of Elgin for the purpose of replacing a
highway culvert located on the eastern side of Randall Road over Sandy Creek, a copy of which is
attached hereto.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: April 10, 2013
Adopted: April 10, 2013
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
Name: City of Elgin
"Route: Randall Road over Sandy Creek
Culvert 11
Section: 10-00413-00-BR
Project Parcel No. 001TE
RECORDER'S USE
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE WITNESSETH that the City of Elgin, a municipal corporation, whose
address is 150 Dexter Court, Elgin, Illinois 60120, for and in consideration of Ten Dollars ($10.00) in
hand paid, the receipt of which is hereby acknowledged, by these presents grants a non-exclusive and
temporary right, easement and privilege unto the County of Kane, 719 South Batavia Avenue, Geneva,
Illinois, to enter upon the following described land for the use of the County of Kane for the purpose of
highway culvert construction, including grading among other things.
A parcel of land located in the Northwest Quarter of Section 16, Township 41 North; Range 8 East of the Third
Principal Meridian, Kane County, Illinois bounded and described as follows:
Beginning at the southwest corner of Lot 25 in the Oaks Club, being a subdivision in part of the west half of said
Northwest Quarter, according to the plat of said Oaks Club, recorded September 11, 1990 as Document
90K48070; said southwest corner being also common with the northeast corner of the parcel of land conveyed to
the Illinois Department of Transportation by quit claim deed recorded of July 24, 1984 as Document 1688686;
thence South 00 degree, 11 minutes, 10 seconds East (this course and all hereinafter described courses with
respect to the Illinois State Plane Coordinate Svstem, East Zone, 1983 North American Datum) along the
easterly line of said parcel conveyed by Document 1688686, said easterly line being also the easterly line of
Randall Road, a distance of 59.64 feet; thence North 89 degrees, 48 minutes, 50 seconds East along a line
perpendicular to said east line, a distance of 25.00 feet; thence North 00 degrees, 11 minutes, 10 seconds West
along a line parallel with said east line of Randall Road, a distance of 58.18 feet to an intersection with the
southerly line of lot 25 in said Oaks Club Subdivision; thence North 86 degrees, 51 minutes, 10 seconds West
along said southerly line of lot 25, a distance of 25.04 feet to the point of beginning, in Kane County, Illinois.
Said parcel contains 0.034 acres, more or less.
Permanent Index Number: 06-16-101-018 (part of)
Return To: Prepared Br
Right of Way Coordinator J.Patrick Jaeger
Kane County Division of Transportation Attorney at Law
41w011 Burlington Road P.O.Box 485
St.Charles,IL 60175 Geneva.IL 60134
The non-exclusive right, easement and privilege granted unto the County of Kane, shall terminate in
three years from the date of execution hereof or upon completion of the proposed improvement, whichever
occurs first.
The Grantor City of Elgin hereby waives any and all diminution in the value of the remainder of the
Grantor's property (damage to the remainder) that may accrue to the Grantor resulting from or because of the
temporary easement granted hereunder. The County of Kane for itself, its agents and independent contractors,
hereby agrees to indemnify and hold the City of Elgin harmless from any and all third-party claims arising as a
result of the County of Kane's or its contractor's work in the temporary easement premises. The County of Kane
further agrees to indemnify and hold harmless the City of Elgin from any and all liens placed upon the
temporary easement premises arising from said construction activities. The County of Kane shall also cause its
contractor(s) to name the Grantor City of Elgin as additional insured on the County of Kane's contractor's
commercial liability policy for the duration of the improvement.
The County of Kane further covenants and agrees that upon completion of the improvement, the tract of
land described herein shall be returned to a condition equal to or better than that which existed prior to the
commencement of the road grading.
IN WITNESS WHEREOF, the Grantor has set its hand and seal this 10th day of April 2013.
City of Elgin
By:
David J. Kaj5ialin
Its:
Mayor
Attest:
Kimberly A. Dewi
Title: City Clerk
State of Illinois
County of Kane) ss
I, the undersigned; a Notary Public in and for said County and State; do hereby certify that David J.
Kaptain and Kimberly A. Dewis, as Mayor and City Clerk, of the City of Elgin, personally known to me to be
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.
ilk
Given under my hand and official seal this day of 2013.
10 JENNIFER QUINTON
OFFICIAL SEAL
Notary Public,State of Illinois to Public
My Commission Expires
January 10,2016
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