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HomeMy WebLinkAbout#5141 Derek Downing RESOLUTION NO 5141 A RESOLUTION APPROVING A TEMPORARY EASEMENT GRANT AND A PERMANENT EASEMENT GRANT WITH DEREK DOWNING FOR PROPERTY LOCATED AT 734 NORTH AVENUE B FOR THE PURPOSE OF SEWER REPAIR AND REPLACEMENT. WHEREAS, a sewer line located in the vicinity of 734 North Avenue B is in need of repair and replacement to be effective; and WHEREAS, it is necessary to reroute new sewer line through private property owned by Derek Downing, located at 734 N. Avenue B; and WHEREAS, in order to install this sewer line, it is necessary for the City to obtain and pay for a temporary easement and a permanent easement from property owner Derek Downing; and WHEREAS, Derek Downing has agreed to said easement grants; and WHEREAS, the City Council of the City of Canton has determined that it is necessary and in the best interests of the City of Canton to enter into a temporary easement grant and a permanent easement grant with Derek Downing to gain access to his property located at 734 N. Avenue B in Canton, as set forth in Exhibit-A"; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. That the easements attached hereto and incorporated herein as Exhibit"A" are hereby approved by the Canton City Council. 2. That the Mayor and the City Clerk of the City of Canton, Illinois are hereby authorized and directed to execute said easements on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois at a regular meeting this 21 day of March, 2018 upon a roll call vote as follows: AYES: Aldermen Justin Nelson, Angela Lingenfelter, Tad Putrich, Angela Hale, Craig West, John Lovell, Chris Jump, Ryan Mayhew NAYS: None ABSENT: None APPROVED: Alle Kent A. McDowell, Mayor ATT Diana Pavley-Rock, City Clerk 8 0 0 1 7 1 2 Tx:4001103 1880019 JAMES I.NELSON COUNTY CLERK&RECORDER FULTON COUNTY, IL RECORDED ON 03/09/2018 11:23 AM RECORDING FEE 68.00 RHSP FEE 9.00 PAGES: 2 The Above Space for Recorder's Use Only EASEMENT GRANT KNOW ALL MEN BY THESE PRESENTS, that the Grantor, Derek Downing, individually, in his own right, of the City of Canton, and the County of Fulton, in the State of Illinois, hereby represent that he is the owner in fee simple of a tract of land situated in the County of Fulton and State of Illinois, described as follows,to-wit: Part of Lot 39 of Old Town Addition in the North 1/2, Section 27, Township 7 North, Range 4 East, of the 4^' Principal Meridian, more particularly described as follows: The North ten (10) feet of even width of Lot 39 in Old Town Addition to the City of Canton, situated in the County of Fulton, in the State of Illinois. Said Permanent Easement contains 1250 square feet, more or less,or 0.029 acres, more or less. P.I.N.tl 09-08-27-206-004 ADDRESS: 734 North Avenue B, Canton, Illinois 61520 The Grantors, in consideration of$250.00, and other good and valuable consideration, paid by the City of Canton, Fulton County, Illinois, a municipal corporation, hereinafter called the Grantee, the receipt and sufficiency of which is hereby acknowledged, do hereby grant, bargain, sell, transfer and convey to the Grantee, its successors and assigns, an easement with the right to erect, construct, install and lay and thereafter use, operate, inspect, repair, maintain, replace and remove a storm sewer and appurtenances for the conveyance of storm water over, under and across the land described above together with the right of ingress and egress over the Grantor's adjacent lands for the purposes for which the above mentioned rights are granted. The Grantor and the Grantee agree that the easement herein granted consists of a perpetual easement of ten (10) feet of even width according to the plat thereof, attached hereto and made a part hereof as Exhibit A. The Grantor and the Grantee agree that said perpetual easement granted hereby shall not be closer than three(3)feet from any existing house, garage,or other permanent building structure. Following construction, the Grantor agree not to place any permanent building or improvement over said perpetual easement area herein provided. The Grantee agrees to finish, grade and seed turfed areas disturbed during construction or maintenance of said storm sewer, to restore any pavements, walks, drives or other improvements to their original condition, to take reasonable precautions to minimize damage to trees and shrubs during construction or maintenance operations of said storm sewer. The consideration recited herein shall constitute payment in full for all damages sustained by the Grantor by reason of the installation of the structures referred to herein and the Grantee will maintain its facilities on such easement in a state of good repair and efficiency so that no unreasonable damages will result from its use to the Grantor's premises. These easements shall be binding on the Grantor and upon their heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, said Grantor has executed this instrument this 2 _ day of February, 2018. )PC2KOc.Jo DEREK DOWNING STATE OF ILLINOIS ) SS. COUNTY OF FULTON I, the undersigned, a Notary Public in and for said County in the State aforesaid,do hereby certify that DEREK DOWNING, individually, in his own right, 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, sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. Given under my hand and notarial seal this day of February, 2018. 71.04 VV Notattablic This instrument prepared by and return to: CURTIS S. LANE Canton City Attorney OFFICIAL SEAL 2 N. Main Street LAUREN SHEETS Canton, Illinois 61520 NOTARY PUBLIC-STATE OF ILLINOIS Telephone: (309) 647-2738 MV COMMISSION EXPIRES09/l7t18 Facsimile: (309) 647-2348 2 1 1111 11111 11111 111 1 1 Tx:4001103 1880018 ]AMES I.NELSON COUNTY CLERK&RECORDER FULTON COUNTY,IL RECORDED ON 03/09/2016 11:23 AM RECORDING FEE 68.00 RHSP FEE 9.00 PAGES: 2 The Above Space for Recorder's Use Only TEMPORARY EASEMENT GRANT KNOW ALL MEN BY THESE PRESENTS, that the Grantor, Derek Downing, individually, in his own right, of the City of Canton, and the County of Fulton, in the State of Illinois, hereby represent that he is the owner in fee simple of a tract of land situated in the County of Fulton and State of Illinois, described as follows,to-wit: Part of Lot 39 of Old Town Addition in the North 1/2, Section 27, Township 7 North, Range 4 East, of the 46 Principal Meridian, more particularly described as follows: The South ten (10) feet of even width of the north twenty (20) feet of even width of Lot 39 in Old Town Addition to the City of Canton, situated in the County of Fulton, in the State of Illinois. Said Temporary Easement contains 1250 square feet,more or less,or 0.029 acres,more or less. P.I.N. # 09-08-27-206-004 ADDRESS: 734 North Avenue B, Canton, Illinois 61520 The Grantors, in consideration of$1.00,being One Dollar($1.00),and other good and valuable consideration,paid by the City of Canton, Fulton County, Illinois,a municipal corporation,hereinafter called the Grantee,the receipt and sufficiency of which is hereby acknowledged,do hereby temporarily grant, bargain, sell, transfer and convey to the Grantee, its successors and assigns, an easement with the right to erect,construct, install and lay and thereafter use,operate, inspect,repair,maintain,replace and remove a storm sewer and appurtenances for the conveyance of storm water over,under and across the land described above together with the right of ingress and egress over the Grantor's adjacent lands for the purposes for which the above mentioned rights are granted. Said Temporary Easement shall be in existence from the commencement of the construction and relocation of a storm sewer near Avenue B north of Myrtle Street and shall continue until said construction is completed. Upon completion of the construction the temporary easement shall expire and terminate. The Grantor and the Grantee agree the temporary easement herein granted consists of a temporary construction easement of ten (10) feet of even width according to the plat thereof, attached hereto and made a part hereof as Exhibit A. The Grantor and the Grantee agree that said temporary easement granted hereby shall not be closer than three(3) feet from any existing house, garage, or other permanent building structure. The Grantee agrees to finish, grade and seed turfed areas disturbed during construction or maintenance of said water main, to restore any pavements, walks, drives or other improvements to their original condition,to take reasonable precautions to minimize damage to trees and shrubs during construction or maintenance operations of said storm sewer. The consideration recited herein shall constitute payment in full for all damages sustained by the Grantor by reason of the installation of the structures referred to herein and the Grantee will maintain its facilities on such easement in a state of good repair and efficiency so that no unreasonable damages will result from its use to the Grantor's premises. This temporary easement shall be binding on the Grantor and upon their heirs, personal representatives, successors and assigns until the construction as detailed herein is fully completed. IN WITNESS WHEREOF, said Grantor has executed this instrument this aP.J4.., day of February, 2018. yi tl�)CDCO JA O) DEREK DOWNING STATE OF ILLINOIS ) SS. COUNTY OF FULTON I, the undersigned, a Notary Public in and for said County in the State aforesaid, do hereby certify that DEREK DOWNING, individually, in his own right,personally known tome 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, sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. p Given under my hand and notarial seal this:A I day "�oo'f�'February, 2018. / Notary This instrument prepared by and return to: OFFICIAL SEAL CURTIS S. LANE LAUREN SHEETS CanNOTARY PUBLIC-STATE OF ILLINOIS N. S Attorney MY COMMISSION EXPIRES:09n7119 2 2 N. Main Street Canton, Illinois 61520 Telephone: (309)647-2738 Facsimile: (309) 647-2348 2