HomeMy WebLinkAboutResolution #0971RESOLUTION N0. ~_
A RESOLUTION APPROVING AN EASEMENT FROM FREEMAN UNITED COAL MINING CO
WHEREAS, the Canton City Council has determined that it is necessary
and in the best interest of the City of Canton to acquire a certain
easement from Freeman United Coal Mining Company, all as more particularily
set forth in Exhibit A hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CANTON, Fulton County, Illinois, as follows:
1. That that certain easement, Exhibit A hereto, to be received
by the City of Canton, as Grantee, from Freeman United Coal Mining
Company, as Grantor, as more particularily detailed by Exhibit A
hereto attached and herein incorporated by reference, is hereby
approved and accepted by the City of Canton.
2. That the Mayor and City Clerk are hereby authorized and
directed to execute and accept the same 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, Fulton County, Illinois and approval by the Mayor thereof.
PASSED by the City Council of the City of Canton, Fulton County,
Illinois at a regular meeting this _~~ day of November
1982, upon a roll call vote as follows:
AYES: Aldermen Kovachevich, Hammond, Savill, Sarff, Grant, Carl, Larsen,
Horr.
NAYS: None.
ABSENT: None.
APPROVED:
~J
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onald E. Edwards, Mayor.
ATTEST:
an y Whi s, City Clerk.
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8147A SS 10-18-82
ACCEPTANCE OF EASEMENT
The City of Canton accepts the Easement grant for installation
and maintenance of a storm sewer and by virtue of such acceptance,
the City of Canton agrees to perform all of the covenants and
obligations on the part of the City of Canton to be kept and
performed in accordance with the Easement to which this Acceptance
f -
is attached. Not in limitation of the covenant contained in the
attached Easement that "Freeman United Coal Mining Company (and the
corporate entity of which it is a division, to-wit Material Service
Corporation, a Delaware corporation, successors and assigns] not be
held responsible for any damage caused by the storm sewer drainage",
the City of Canton agrees to defend, indemnify and hold Gzantor,
Material Service Corporation, and its officers, employees and
agents, and its successors and assigns harmless from and. against any
and all claims and liabilities of whatsoever kind or nature and from
any and all losses, damage, injury or death, and against. any and all
consequent costs and expenses, including reasonable attorneys' fees,
arising, in whole or in part, from, or in connection with,
installation or maintenance of the storm sewer.
Dated this ~~~-day of ~ ~-~„~~,~ ~ 1982.
THE CITY OF CANTON, a municipal corporation..
By:
ATTEST:
By : ''
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STATE OF ILLINOIS)
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COUNTY OF
I, Catherine Emans a Notary Public in and for
said County, in the State aforesaid, do hereby certify that
Donald E. Edwards personally known to me to bn the
Mayor of the CITY OF CA'.vi0~~, a municipal corporation, and
Nancy Whites personally known to me to be the
Clerk of the ('ity of said corporation, and
personnaly known to me to be the same persons whose names are
subscribed to the foregoing instrument as such
and respectively, appeared before me this
day in person and acknowledged that they signed and delivered
the said instrument as their own free and voluntary act and as
the free and voluntary act of said corporation, for the uses and
purposes therein set forth; and the said Ci t,y C1 erk
then and there acknowledged that he, as custodian of the corporate
seal of said corporation, did affix the corporate seal of said
corporation to said instru3-~ent as his own free and voluntary act
and as the free and voluntary act of said corporation for the
uses and purposes therein set forth.
GIVEN under my hand and notarial seal this
November
19 82,
16th day of
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Notary Public
My commission expires / ~ - / ~- ~ 3
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F ~ C~'MF'Alm
THE GRANTOR, Freeman United Coal Mining Company, of Chicago,
Illinois, in consideration of good and valuable consideration and the
. covenants and conditions of this agreement, do hereby grant and con-
vey to the City of Canton, a municipal corporation in the State of
Illinois, an easement to go over, across and upon the following des-
cribed tract of land, for the purpose of installation and maintenance
of a storm sewer to be erected underneath the ground on the hereinafter
described easement, which tract of land is described as follows, to-wit:
A right-of-way or easement to construct and maintain
a fifteen inch (15") storm sewer, with the necessary
appurtenances, across, over and under the following
described real estate, to-wit:
A part of the Southeast Quarter of Section Thirty-
Five (35), Township Seven (7) North, Range Four (4)
East of the Fourth Principal Meridian, described as
follows: Beginning at a point on the South R.O.W.
line of Sam Scott Street where the same intersects
with a line 5 feet East and parallel to .the Center-
line of South Seventh Avenue extended, in the City
of Canton, Illinois and running thence South a dis-
tance not to exceed 100 feet.
The location of said proposed storm sewer is approxi-
mately as shown on the attached plat; said attached
plat of the land and the proposed location of said
sewer being expressly made a part of this agreement.
and the condition of said grant of an easement is that the Grantor in
no way guarantees the free-flow of the storm sewer, nor does he
guarantee that the body of water which could be formed by the storm
sewer flow would not become full of silt or water to where it no longer
will drain off the storm sewer flow as planned. The Grantor, however,
does agree that he will not do any overt act in the nature of changing
the existing condition so as to block or obstruct the normal flow of
water through the planned storm sewer.
It is agreed that the Grantor shall be paid reasonable damages for
any injury to crops or property occurring during the construction, main-
tenance and operation of said storm sewer.
It is further agreed that the City of Canton shall have the right to
enter onto said. premises adjacent to the storm sewer for the purpose of
constructing said storm sewer, as aforesaid, and shall have the right to
enter onto said premises at all times to repair and maintain said storm
sewer, making good, nevertheless, at its own expense, all damages or
disturbances which may be caused to said land or any crops thereon.
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It is further agreed that the City of canton does hereby specifi-
cally agree that the sewer outlet will be so constructed as not to
.damage any of the property over and through which the sewer or outlet
is constructed and that said outlet will be properly maintained so as
to exclude and prevent farm animals from entering said outlet or being
injured thereby.
It is further agreed that the City of Canton agrees to remove the
fence of the Grantor now along the South line of Sam Scott Street, and
along the North line of above described real estate, and place and re-
build said fence along the South line of the above described property,
without any expense to the Grantor, which is a part of consideration for
this grant.
It is further agreed that the Freeman United Coal Mining Company not
be held responsible for any damage caused by the storm sewer drainage.
It is further agreed that the City of Canton continue to provide and
maintain the same overflow ditch from the 6th Avenue storm sewer to the
State~Highway R.O.W. as was agreed to in the Easement of August 16, 1963
executed for the City of Canton by William A. Brooks, a predecessor in
title to the property.
WITNESSETH our hands and seals this 19th day of October ,
1982.
FREEMAN UNITED COAL MINING COMPANY
BY:
TITLE: /I~~J
ATTEST:
Corporate Officer.
STATE OF ILLINOIS)
COUNTY OF C 0 0 K)
I,
SS
Roma McEwen
a Notary Public in and for
the said County, in the State aforesaid, do hereby certify that
LUCIAN A. LINCOLN , personally known to me to be the
President of FREEMAN UNITED COAL MINING COMPANY, a Delaware
coY~n+?ratzon, and GERALD~RATNER personally known to
me ±o be the Assistant Secr~t_ary of said corporation, and
personally known to me to be the same persons whose names are
subscribed to the foregoing instrument as such
President and Assistant Secretary, respectively, appeared
before me this day in person and acknowledged that they signed
and delivered the said instrument as their own free and voluntary
act and as the free and voluntary act of said corporation, for
the uses and purposes therein set forth; and the said Assistant
Secretary then and there acknowledged that he, as custodian of the
corporate seal of said corporation, did affix the corporate seal
of said corporation to said instrument as his own free and
voluntary act and as the free and voluntary act of said corporation
for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this 19th day of
October,
19 82.
Notary Public
My commission expires September 17, 1985
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8147A SS 10-18-82
ACCEPTANCE OF EASEMENT
The City of Canton accepts the Easement grant for installation
and maintenance of a storm sewer and by virtue of such acceptance,
the City of Canton agrees to perform all of the covenants and
obligations on the part of the City of Canton to be kept and
performed in accordance with the Easement to which this Acceptance
is attached. Not in limitation of the covenant contained in the
attached Easement that "Freeman United Coal Mining Company [and the
corporate entity of which it is a division, to-wit Material Service
Corporation, a Delaware corporation, successors and assigns) not be
held responsible for any damage caused by the storm sewer drainage",
the City of Canton agrees to defend, indemnify and hold Grantor,
Material Service Corporation, and its officers, employees and
agents, and its successors and assigns harmless from and against any
and all claims and liabilities of whatsoever kind or nature and from
any and all losses, damage, injury or death, and against any and all
consequent costs and expenses, including reasonable attorneys' fees,
arising, in whole or in part, from, or in connection with,
installation or maintenance of the storm sewer.
Dated this ~~'day of vri 1982.
ATT
sy:
THE CITY OF CANTON, a municipal corporation
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F.AC~'MF~Tm
THE GRANTOR, Freeman United Coal Mining Company, of Chicago,
Illinois, in consideration of good and valuable consideration. and the
covenants and conditions of this agreement, do hereby grant and con-
vey to the City of Canton, a municipal corporation in the State of_
Illinois, an easement to go over, across and upon the following des
cribed tract of land, for the purpose of installation and maintenance
of a storm sewer to be erected underneath the ground on the hereinafter
described easement, which tract of land is described as follows, to-wit:
A right-of-way or easement to construct and maintain
a fifteen inch (15") storm sewer, with the necessary
appurtenances, across, over and under the following
described real estate, to-wit:
A part of the Southeast Quarter of Section Thixty-
Five (35), Township Seven (7) North, Range Four (9)
East of the Fourth Principal Meridian, described as
follows: Beginning at a point on the South R.O.W..
line of Sam Scott Street where the same intersects
with a line 5 feet East and parallel to .the Center-
line of South Seventh Avenue extended, in the. City
of Canton, Illinois and running thence South a dis-
tance not to exceed 100 feet.
The location of said proposed storm sewer is approxi-
mately as shown on the attached plat; said attached
plat of the land and the proposed location of said
sewer being expressly made a part of this agreement.
and the condition of said grant of are easement is that the Grantor in
no way guarantees the free-flow of the storm sewer, nor does he
guarantee that the body of water which could be formed by the storm
sewer flow would not become full of silt or water to where it no longer
will drain off the storm sewer flow as planned. The Grantor, however,
does agree that he will not do any overt act in the nature of changing
the existing condition so as to block or obstruct the normal flow of
water through the planned storm sewer.
It is agreed that the Grantor shall be paid reasonable damages for
any injury to crops or property occurring during the construction, main-
tenance and operation of said storm sewer. _
It is further agreed that the City. of Canton shall have the right to
enter or„o said premises adjacent to the storm sewer for the purpose of
constructing said storm sewer, as aforesaid, and shall have the right to_
enter onto said premises at all times to repair and maintain said storm
sewer, making good, nevertheless, at its own expense, all damages or
disturbances which may be caused to said land or any crops thereon.
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It is further agreed that the City of iCanton does herehy specifi-
cally agree that the sewer outlet will be so constructed as not to
.damage any of the property over and through which the sewer or outlet
is constructed and that said outlet Will be properly maintained so as
to exclude and prevent farm animals from entering said outlet or being
injured thereby. '
It is further agreed that the City of Canton agrees to remove the
fence of the Grantor now along the South line of Sam Scott Street, and
along the North line of above described real estate, and place and re-
build said fence along the South line of the above described property,
without any expense to the Grantor, which is a part of consideration far
this grant.
It is further agreed that the Freeman United Coal Mining Company not.
be held responsible for any damage caused by the storm sewer drainage.
It is further agreed that the City of Canton continue to provide and
maintain the same overflow ditch from the 6th Avenue storm sewer to the
State 'Highway R.O.W. as was agreed to in the Easement of August 16, 1963
executed for the City of Canton by PTilliam A. Brooks, a predecessor in .
title to the property.
WITNESSETH our hands and seals this 19th day of October ,
1982.
FREEMAN UNITED COAL MINING COMPANY
BY : ~'~
TITLE: ~/J
ATTEST:
Corporate Officer.
v,.. - T y.
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STATE OF ILLINOIS)
)
COUNTY OF C O O K)
I,
SS
Roma McEwen
a Notary Public in and for
the said County, in the State aforesaid, do hereby certify that
LUCIAN A. LINCOLN
personally known to me to be the
President of FREEMA~S U~:ITED COAL MINING COMPANY, a Delaware
co~-r~~rt-~tlon, and GERALD RATNER
personally known to
me to be the Assistant- Secre:-ary of said corporation, and
personally known to me to be the same persons whose names are
subscribed to the foregoing instrument as such
President and Assistant Secretary, respectively, appeared
before me this day in person and acknowledged that they signed
and delivered the said instrument as their own free and voluntary
act and as the free and voluntary act of said corporation, for
the uses and purposes therein set forth; and the said Assistant
Secretary then and there acknowledged that he, as custodian of the.
corporate seal of said corporation, did affix the corporate seal '
of said corporation to said instrument as his own free and
voluntary act and as the free and voluntary act of said corporation
for the uses and purposes therein set forth.
GIVEN under my hand and r_otarial seal this 19th day of
October, ~ 19 82
C
7~'
Notary Public
hiy commission expires Seote:~.ber 17, 1985
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STATE OF ILLINOIS)
SS
COUNTY OF
I,
a Notary Public in and for
said County, in the State aforesaid, do hereby certify that
personally known to me to be the
of the CITY OF CANTON, a municipal corporation, and
of the
personally known to me to be the
of said corporation, and
personnaly known to me to be the same persons whose names are
subscribed to the foregoing instrument as such
and
respectively, appeared before me this
day in person and acknowledged that they signed and delivered
the said instrument as their own free and voluntary act and as
the free and voluntary act of said corporation, for the uses and
purposes therein set forth; and the said
then and there acknowledged that he, as custodian of the corporate
seal of said corporation, did affix the corporate seal of said
corporation to said instrument as his own free and voluntary act
and as the free and voluntary act of said corporation for the
uses and purposes therein set forth.
GIVEN under my hand and notarial seal this day of
19
Notary Public
My commission expires
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