S3-96 RecordedI
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State of Illinois)
County of Kane )
City of Elgin )
FILED IN BL UTPI�
96 X020!;27
ss.
CERTIFICATE OF CITY CLERK
RECORDER
I, Dolonna Mecum, DO HEREBY CERTIFY that I am the
duly qualified City Clerk of the City of Elgin, in the
Counties of Kane and Cook in the State of Illinois, and that
as such City Clerk I am the keeper and custodian of the files
and records of said City of Elgin and the seal thereof.
I DO FURTHER CERTIFY that the attached is a full,
true, and correct copy of:
ORDINANCE NO. S3-96
AN ORDINANCE VACATING A PORTION OF A
SANITARY SEWER EASEMENT
(Fox Bluff Corporate Center)
passed by the Elgin City Council at its legally convened
meeting held on March 13, 1996.
In Witness Whereof, I have hereunto set my hand and
affixed the corporate seal of the City of Elgin at the said
City in the County and State aforesaid this March 19, 1996.
(SEAL)
This instrument prepared by:
Erwin Jentsch
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120
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Return to:
Dolonna Mecum
Elgin City Clerk
150 Dexter Court
Elgin, IL 60120
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Ordinance No. 53-96
AN ORDINANCE
VACATING A PORTION OF A SANITARY SEWER EASEMENT
(Fox Bluff Corporate Center)
WHEREAS, the public interest will be served by vacating a
portion of a sanitary sewer easement in the City of Elgin,
Kane County, Illinois, as shown in Exhibit "A" attached
hereto; and
WHEREAS, said property is not necessary to serve the
public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS:
Section 1. That a portion of a sanitary sewer easement
in the City of Elgin, Kane County, Illinois, legally described
as follows:
Part of Lots 4 and 5 and part of Bowes Road of
Fox Bluff Corporate Center, being a subdivision of
part of Section 27, Township 41 North, Range 8 East
of the Third Principal Meridian, described as
follows: Commencing at the Southwest corner of said
Lot 4; thence North 88 degrees 17 minutes 46 seconds
East, along the South line of said Lot 4, a distance
of 62.50 feet for the point of beginning; thence
continuing North 88 degrees 17 minutes 46 seconds
East, along the said South line of Lot 4 and the
South line of said Lot 5, a distance of 379.02 feet;
thence North 84 degrees 47 minutes 20 seconds West,
a distance of 166.11 feet to a line that is 20.00
feet North of, measured at right angles, and
parallel with the said South line of Lots 4 and 5;
thence South 88 degrees 17 minutes 46 seconds West,
along said parallel line, a distance of 193.93 feet
to a line hereinafter referred to as Line "A";
thence North 01 degree 09 minutes 16 seconds West,
along said Line "A", a distance of 356.32 feet to
the northerly line of Bowes Road as dedicated;
thence westerly, along said northerly line of Bowes
Road along a curve to the right having a radius of
680.00 feet and a chord bearing of South 75 degrees
35 minutes 24 seconds West, an arc distance of 20.55
feet to a line that is 20.00 feet West of, measured
at right angles, and parallel with aforesaid Line
"A"; thence South 01 degree 09 minutes 16 seconds
East, along said parallel line, a distance of 371.80
feet to the point of beginning. Being situated in
the City of Elgin, Kane County, Illinois.
be and the same is hereby vacated.
a
Section 2. That a certified copy of this ordinance
together with a plat of said vacated right of way be filed
with the Recorder of Deeds of Kane County, Illinois.
Section 3. That this ordinance shall be in full force
and effect from and after its passage in the manner provided
by law.
S1 Kevin Kelly
Kevin Kelly, Mayor
Presented: March 13, 1996
Passed: March 13, 1996
omnibus Vote: Yeas 7 Nays 0
Recorded: March 14, 1996
Published:
Attest:
sl Dolonna Mecum
Dolonna Mecum, City Clerk
gGio2n427
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RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT
FOR SANITARY SEWER PURPOSES
(Fox Bluff Corporate Center)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to
execute an Easement Agreement on behalf of the City of Elgin
with The State Bank of Countryside u/t/a dated June 15, 1990
known as Trust No. 90-689, and The State Bank of Countryside
u/t/a dated June 15, 1990 known as Trust No. 90-690, for
sanitary sewer purposes, for the property legally described as
follows:
PERMANENT EASEMENT
A 30.00 foot wide, as measured at right angles,
City of Elgin easement lying easterly of the West
line of the said Northwest quarter of Section 26,
the center line of said easement described as
follows: Commencing at the Southwest corner of the
said Northwest quarter of Section 26; thence North
00 degrees 54 minutes 05 seconds West, along the
West line of the said Northwest quarter, a distance
of 988.12 feet for the point of beginning of said
center line; thence North 89 degrees 29 minutes 05
seconds East, along said center line, a distance of
1185.00 feet for the terminus of the center line of
said easement. Being situated in Elgin Township,
Kane County, Illinois and containing 0.81 acre more
or less.
TEMPORARY CONSTRUCTION EASEMENT
A 10.00 foot wide, as measured at right angles,
City of Elgin temporary construction easement lying
easterly of the West line of said Northwest quarter
of Section 26 and lying northerly and southerly of
the above described City of Elgin permanent
easement. Being situated in Elgin Township, Kane
County, Illinois and containing 0.54 acre more or
less.
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to cause the Easement Agreement to be
recorded in the office of the Recorder of Deeds of Kane
County, Illinois.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: September 9, 1992
Adopted: September 9, 1992
Omnibus Vote: Yeas 7 Nays
Recorded:
Attest:
sl Dolonna Mecum
Dolonna Mecum, City Clerk
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FILED FOR RECORD
KANE COLI ,1'. ILL.
93KO8248 93FEB -3 AM 10:00
EASEMENT AGREEMENT
RECORDER
This agreement is made October 6 1992, by and
between the City of Elgin, a municipal corporation (City), and The
State of Countryside u/t/a dated June 15, 1990 known as trust
number 90-689 and State Bank of Countryside u/t/a dated June 15,
1990 known as Trust Number 90-690 (hereinafter referred to
collectively as "Owner").
Owner is the owner of certain real estate ("Owners Property")
located in the County of Kane, State of Illinois, legally described
on Exhibit A which is attached hereto and incorporated herein by
reference, and City is desirous of obtaining an easement on a
portion of the Owners Property which shall be referred to
hereinafter as the "easement premises" and is legally described on
Exhibit B which is attached hereto and incorporated herein by
reference hereto.
The parties have determined that it is in their best interest
for the Owner to grant and the City to accept an easement in and
along the easement premises for underground sanitary sewer
purposes.
Therefore, in consideration of the foregoing, the parties
mutually agree as follows:
1. The Owner hereby grants and conveys to the City a non-
exclusive perpetual easement to survey, construct, operate,
maintain, remove, replace or abandon in place and control an
underground sanitary sewer line, subject to the terms and
Return document to: p�
Dolonna Mecum h%y1
Elgin City Clerk
150 Dexter Court
Elgin, IL 60120
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conditions hereinafter set forth, in, along, and upon the easement
premises, including surface manholes.
2. The easement herein granted shall be exercised and used
in such a manner as not to cause any damage or destruction of any
nature to the adjoining creek and the flow of water therein.
3. City shall obtain all permits required for construction
and installation of the sanitary sewer line; during construction
City agrees to maintain liability insurance in the aggregate amount
of $2,000,000 naming owner as an additional insured; and workers'
compensation insurance covering contractors and subcontractors
employed in such amounts as are prescribed by statute.
4. The City agrees that the use hereby granted shall be
limited exclusively to an underground sanitary sewer line and
underground uses incidental thereto.
5. The City agrees it will indemnify, defend and hold
harmless the Owner from all claims and actions in law and in equity
which may arise out of, or as a consequence of the negligence of
the City, or its authorized contractors, subcontractors, agents,
servants or employees, in maintaining, repairing and utilizing the
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utility facilities.
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G 6. The City agrees that the Owner shall have the right to
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use the easement premises and to grant other nonexclusive easements
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in over, along or upon the easement premises; provided, however,
that any such other use or easements shall be subject to the
easement granted herein and such other use or easements shall not
obstruct the easement granted herein. Owner shall notify the City
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of any future intended uses or other easement grants.
7. City takes this easement subject to all other easements,
covenants, conditions and restrictions of record and shall not
interfere with, obstruct or breach any existing easements,
covenants, conditions and restrictions of record.
8. City agrees that it shall, at its sole cost and expense,
restore the easement premises to its former condition subsequent
to any excavation or use by City or its authorized contractors,
subcontractors, agents, servants or employees.
9. Owner hereby further grants to the City a temporary
construction easement over the real estate described on Exhibit A
which is attached hereto and incorporated herein by this reference
for the purpose of constructing and installing an underground
sanitary sewer in, along and upon the easement premises; such
temporary construction easement shall expire on December 31, 1992.
10. Upon execution of all documents necessary to effect the
grant of easement, City shall pay Owner the sum of $24,000 as
consideration for the grant of easement described.
11.
City
shall not permit
any liens against
Owner's property.
12.
City
agrees that no special
assessment
shall be made and
no special service area shall be created to pay the costs of the
sanitary sewer line and no recapture fees shall be imposed upon
Owner for use of said sanitary sewer.
12. All rights, title and privileges herein granted,
including all benefits and burdens, shall run with the land and
shall be binding upon and inure to the benefit of the parties,
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their respective heirs, executors, administrators, successors,
assigns and legal representatives.
In witness whereof, the parties have executed or have caused
this instrument to be executed by their proper officers duly
authorized to do so.
CITY OF
BY:
Attest:
Attest:
Attest:
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#3 - 8/18/92
OWNERS:
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No:
, a.,mnicipal corporation
USAN L. JUTZI, Trust Officer
Bank of Countryside u/t/a
e 15, 1990 known as Trust
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JUTZ1. Trust Officer
15, 1990 known as Trust
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EXHIBIT A
OWNER'S PROPERTY ON WHICH EASEMENT IS GRANTED
PARCEL 1
That part of the North half of Section 26, Township 41 North, Range
8 East of the Third Principal meridian, described as follows:
beginning at a concrete monument on the West line of said Section
26, 983.22 feet Southerly of the Northwest corner of said Section
26; thence azimuth 179 degrees 40 minutes 10 seconds (assumed
azimuth 0 degrees 00 minutes 00 seconds North) , along said West
line, 732.23 feet to a concrete monument on the South line of lands
formerly owned by John Cox; thence azimuth 90 degrees 00 minutes
00 seconds along said Cox's South line, 896.23 feet; thence azimuth
0 degrees 00 minutes 00 seconds, 81.00 feet; thence azimuth 375
degrees 34 minutes 08 seconds, 474.85 feet; thence azimuth 0
degrees 00 minutes 00 seconds,,178.122 feet to the South line of
State of Illinois lands; thence azimuth 2.69 degrees 54 minutes 26
seconds along the south line of said state lands, 880.31 feet to
the point of beginnning, in Kane County, Illinois.
PARCEL 2 --
That part of the North half of Section 26, Township 41 North, Range
8 East of the Third Principal Meridian, described as follows:
commencing at a concrete monument on the West line of said Section
26, 983.22 feet southerly of the Northwest corner of said Section
26, thence azimuth 179 degrees 40 minutes 10 seconds (assumed
azimuth 0 degrees 00 minutes 00 seconds North), along said West
line, 732.23 feet to a concrete monument on the South line of lands
formerly owned by John Cox, thence azimuth 90 degrees 00 minutes
00 seconds along said Cox's South line, 896.23 feet for the point
of beginning; thence azimuth 0 degrees 00 minutes 00 seconds, 81.00
feet; thence azimuth 357 degrees 34 minutes 08 seconds, 474.85
feet; thence azimuth 0 degrees 00 minutes 00 seconds, 178.22 feet
to the South line of State of Illinois Lands; thence azimuth 89
degrees 54 minutes 26 seconds, along the south line of said state
lands, 992.14 feet; thence azimuth 180 degrees 00 minutes 00
seconds, 735.25 feet to the South line of said Cox's land; thence
<% azimuth 270 degrees 00 minutes 00 seconds, along said.Cox's South
c� line, 972.00 feet to the point of beginning, in Kane County,
Ilinois.
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R GEIVED 07/22 13:47 1992 AT 31Z3460225 PAGE 6 (PRINTED PAGE 6) 1
Y!! 22-92 WED 13:29 CITY of ELGIN -LEGAL FAX N0, 17089315665 P.06
EXHIBIT B
BurniEdge and Westphal, Inc.
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A PERMANENT CITY Or Ill EABENBNT AND A TEMPORARY CONSTRUCTION RAREMENT
POR PART or THE NORTHWEST QUARTER OF RECTION IS, TOWNSHIP 41 NORTH,
9"GEI i EAST Or THE THIRD PRINCIPAL MERIDIAN, DERCRIBED As YOLLORS4
A 30.00 FOOT NIDE, AS XNASURED AT RIGHT ANGLES, CITY Or ELGIN 23LUM NT
7iYING ZASTNRLY Or TEE WERT LINE 07 THE RAID NORTHWEST Q-UA2T&R OF SECTION
26, MR CENTER LINE bP RAID EABTULUT DESCRIBED AS POTIrOW9, CDMMENCTXCI
AT TER SOUTHRERT CORNER OF TEX RAID NORTHWEST QUARTER OF SECTION 26;
TEZ=S NORTH 00 DEGREES 54 KINUTRS 03 SECONDS WEST, ALONG TEM WEST LINE
Or TETT SAID NORTHWEST QUARTER, A DISTANCE OF 988.12 rEET FOR THE POINT
OF BEGINNING OP RAID CENTER LINZI TXXNCX NORTH $9 DEGREES 29 XINDTES 08
MONDE EAST, ALONG SAID QENTZR LINE, A DIRTXNCY Or 7.185.00 PERT FOR THE
'J'nMINUS Cr THE CINTER LINE OF NAZI) EABEliltil:I. BEING RITUATED IV NZOIN
TOWNSHIP, SANE COUXTY, ILLINOIS AND CONTAINING 0.21 ACRE MORE OR LEER.
ONPOAARY COOSTAUCTION EAr}yKNV`T
X 10.00 700T WIDE, AR MEASURED AT RIGHT ANGLES, CITY OF ELGIN TEHPOVARY
CONSTRUCTION LA ZXZNT LYING EASTERLY OF THE WEST LINT,! Or SAID NORTHWEST
QUARTER Or SECTION 26 AND LYING NORTHERLY AND SOUTHERLY Or TSE AD09E
ERCRIBED CITY OF ELG211 PERMANENT 'EASEMENT. BRING SITUATED IN ALGIN
OWNSEIP, EA,NN COUNTY, ILLINOIS AND CONTAINING 0.54 ACRE MORE OR LIRE.
163 N, Edison Avunue • Elgin, Illinois 60123 . 700.888-2610 . FAX: 708-888-2624
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