Loading...
HomeMy WebLinkAboutOrdinance #1434ORDINANCE N0. 1434 AN ORDINANCE ACCEPTING DEDICATION OF A PORTION OF 16TH AVENUE AND ACCEPTING AN EASEMENT FOR STORM AND SANITARY SEI~TERS WHEREAS, American Real Estate Holdings, L.P., the owners of the property now occupied by Heilig Myers, formerly occupied by K-Mart on East Chestnut Street in the City of Canton has delivered to the City of Canton a deed dedicating the roadway on the west side of the site and has also delivered an easement for storm and sanitary sewers involving the same general area; and, WHEREAS, it is to the benefit of the people of the City of Canton to have the use and benefit of a public roadway between Chestnut Street and Ash Street known as 16th Avenue and to have storm and sanitary sewer easements in said area; and, WHEREAS, the City provisionally accepted the road dedication in October, 1993. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the City of Canton accepts the dedication by American Real Estate Holdings, L.P., for perpetual use for road purposes, and designates said roadway as 16th Avenue. 2. That the City of Canton accepts the easement for storm and sanitary sewers from American Real Estate Holdings, L.P. 3. That a certified copy of this Ordinance together with an accurate map of the territory described, together with the certificate thereof be recorded with the Recorder of Deeds of Fulton County, Illinois. !~. That this Ordinance 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 this 6th day of September , 1994• AYES: Aldermen Molleck, Phillips, Sarff, Meade, Chapman, NAYS: None. ABSENT: AldermPa~. Coay, Bohler, May, APPRO ED: >? ~~ Donald Edwards, Mayor ATTEST: 9 '` ~ Nan y Whi, s, City Clerk. Document No. County, Illinois on the day of filed for Record in the Land Records office of Fulton , 1994. THIS INDENTURE WITNESSETH, That the Grantor, AMERICAN REAL ESTATE HOLDINGS LIMITED PARTNERSHIP, organized under the laws of the State of Delaware and duly authorized to transact business in the State of Illinois for and in consideration of One Dollaz and other good and valuable consideration, CONVEYS, QUIT CLAIMS and DEDICATES to THE CITY OF CANTON, a~~ Illinois municipal corporation, the following described real estate, to wit: A part of the Northwest Quarter of the Southwest Quarter of Section 25, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, described as follows: The West Fifty (50) feet of a tract of land described as follows: Commencing at the Northeast Corner of said Northwest Quarter; thence bearing S. 0° 06' 39" W., a distance of 1338.78 feet, thence bearing N. 88°03' 19" West, a distance of 797.17 feet to the actual point of beginning being a point on the North line of East Chestnut Street marked by an iron pin; thence bearing N. 88° 03' 19" W., a distance of 334.19 feet along said North line to the Southeast corner of the property heretofore conveyed to Darren Oaks, mazked by an iron pin; thence bearing N. 0° 00' 00" E., a distance of 627.00 feet along said Oaks property dine and beyond to a point mazked by an iron pin; thence bearing S. 90° 00' 00" E., a distance of 334.00 feet to a point mazked by an iron pin; thence bearing S. 0° 00' Q~" W., a distance of 638.34 feet to the point of beginning. IN WITNESS WHEREOF, this dedication deed has been signed on this 28th day of July, 1994 without representation or warranty by or recourse against the Grantor. AMERICAN REAL ESTATE HOLDINGS LIMITED PARTNERSHIP By: American Property Investors, Inc. , its sole general partner By: Martin Hirsch, Vice-President xn29asia STATE OF NEW YORK ) ss.. COUNTY OF WESTCHESTER ) I, the undersigned, a Notary Public in and for said County, in the aforesaid state do hereby certify that Martin Hirsch, the Vice-President of American Property Investors, Inc., the sole general partner of American Real Estate Holdings Limited Partnership, personally appeared before me this day in person and affixed his signature to the foregoing Quit-Claim Deed of Dedication and represented to me that he is authorized to sign on behalf of American Real Estate Holdings Limited Partnership and American Property Investors, Inc., its sole general partner. GEORGE P. WILSON ^ ~ /~ Notary Pty Stole of New Yoh t .~ /~ // , ~- NO, 8003578 a,d;>sed ~, NASSAU couNlr i No Public My commis~i«- Expires AUG 31,1095 THIS DOCUMENT WAS PREPARED BY THE LAW OFFICES OF JAMES J. ELSON, CHARTERED -- 1522 E. Ash St., Canton, IL 61520 Telephone: (309) 647-6622 xnz9as~.I 2 Document No. County, Illinois on the day of filed for Record in the Land Records office of Fulton .1994. EASEMENT FOR STORM & SANITARY SEWERS KNOW ALL MEN BY THESE PRESENTS that Grantor, AMERICAN REAL ESTATE HOLDINGS LIMITED PARTNERSHIP organized under the laws of the State of Delaware and duly authorized to transact business in the State of Illinois, for and in consideration of One Dollar and other good and valuable consideration paid by the City of Canton, Fulton County, Illinois does hereby grant, bargain, sell and convey to said City of Canton, an Illinois municipal corporation, its successors and assigns, Grantee, a perpetual non-exclusive easement to construct, install, operate, inspect, repair, maintain, replace and remove storm sewers and sanitary sewers over, under and across the following land owned by said AMERICAN REAL ESTATE HOLDINGS LIMITED PARTNERSHIP in the City of Canton, Fulton County, State of Illinois and described as shown on Exhibit "A-1 " attached, reserving in said Grantor the right to use the easement for any reason not inconsistent with the grant of this easement. Grantee agrees to repair, grade and seed turfed areas disturbed during construction or maintenance of said sewers, to restore any pavements, walks, drives or other improvements to their original condition and to take reasonable precautions to minimize damage to trees and shrubs during construction operations. The consideration and covenants recited herein shall constitute payment in full for all damages sustained by Grantor by reason of the maintenance, repair and replacement of the structures referred to herein and the Grantee will maintain such easement in a state of good repair and efficiency so that no unreasonable damage will result from its use to Grantor's premises. Grantee shall also maintain, repair and replace any structures referred to herein at Grantee's sole cost and expense. It is mutually agreed that the easement herein granted shall be subject to the following special provisions: None. This Agreement is binding on the parties hereto, their heirs, personal representatives, assigns and successors. IN VV;[TNFSS WHEREOF the said Grantor has caused this easement to be executed by its authorized representative this 28th day of July, 1994. AMERICAN REAL ESTATE HOLDINGS LIMITED PARTNERSHIP By: American Property Investors, Inc., its sole general partner By: Martin Hirsch, Vice-President rrnzmm~.i STATE OF NEW YORK ) ss.. COUNTY OF WESTCHESTER ) I, the undersigned, a Notary Public in and for said County, in the aforesaid state do hereby certify that Martin Hirsch, the Vice-President of American Property Investors, Inc., the sole general partner of American Real Estate Holdings Limited Partnership, personally appeared before me this day in person and affixed his signature to the foregoing Easement for Storm & Sanitary Sewers and represented to me that he is authorized to sign on behalf of American Real Estate Holdings Limited Partnership and American Property Investors, Inc. , it sole general partner. GEORGE P.IMLSON ~~Y Public Stcta of Naw vork NO. IOQ'1578 Q~l1i•d in NASSAU COUNTY MN Commlt~ipn Expres AUG 31. 1095 /, /%;, c._.,- tom- ;. Notary Public THIS DOCUMENT WAS PREPARED BY THE LAW OFFICES OF JAMES J. ELSON, CHARTERED -- 1522 E. Ash St., Canton, IL 61520 Telephone: (309) 647-6622 lvnz9s~~ . i 2 EXHIBIT A-1 LEGAL DESCRIPTION A part of the Northwest Quarter of the Southwest Quarter of Section 25, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, described as follows and bearings are for descriptive purposes only: Commencing at the Northeast Corner of said Northwest Quarter; thence bearing S. 0° 6' 39" W. a distance of 1338.78 ft.; thence bearing N. 88° 3' 19" W. a distance of 1081.36 ft. to a point at the intersection of the North line of East Chestnut Street and the East line of North Svcteenth Avenue and the ACTUAL POINT OF BEGINNING; thence along said East line bearing N. 0° 00' 41" W. a distance 30.19 ft.; thence bearing S. 40° 31' 24" E., a distance of 26.42 ft.; thence bearing S. 88° 3' 19" E. a distance of 42.14 ft.; thence bearing S. 0° 00' 00" E., a distance of 10.69 ft. to said North line; thence bearing N. 88° 3' 19" W., a distance of 59.31 ft. to the Point of Beginning. rroz9sn.~ 3 Document No. filed for Record in the Land Records office of Fulton County, Illinois on the day of , 1994. NON-EXCLUSIVE MUNICIPAL WATER EASEMENT THIS INDENTURE WTTNESSETH, That the Grantor, AMERICAN REAL ESTATE HOLDINGS LIMITED PARTNERSHIP, organized under the laws of the State of Delaware and duly authorized to transact business in the State of Illinois for and in consideration of One Dollar and other good and valuable consideration, CONVEYS and QUIT CLAIMS to BIG CREEK ENTERPRISES, INC., an Illinois corporation, a non-exclusive easement for municipal water service, including rights to tap on existing service and to maintain same, but with repair of all damage, in the following described real estate, to wit: Fifteen feet (15') of even width on the North Side of the following described real estate: A part of the Northwest Quarter of the Southwest Quarter of Section 25, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, described as follows: Commencing at the Northeast Corner of said Northwest Quarter; thence bearing S. 0° 06' 39" W. , a distance of 1338.78 feet, thence bearing N. 88 ° 03' 19" West, a distance of 797.17 feet to the actual point of beginning being a point on the North line of East Chestnut Street marked by an iron pin; thence bearing N. 88° 03' 19" W., a distance of 284.19 feet along said North line to a point 50.0 feet from the Southeast corner of the property heretofore conveyed to Darren Oaks, marked by an iron pin; thence bearing N. 0° 00' 00" W. a distance of 628.36 feet parallel to said Oaks property line and beyond to a point marked by an iron pin; thence bearing S. 90° 00' 00" E., a distance of 284.00 feet to a point marked by an iron pin; thence bearing S. 0° 00' 00" E., a distance of 638.34 feet to the point of beginning. IN V~-~ITNESS WHEREOF, this Grant of Non-Exclusive Easement has been signed on this 28th day of July, 1994 without representation or warranty by or recourse against the Grantor. AMERICAN REAL ESTATE HOLDINGS LIMITED PARTNERSHIP By: American Property Investors, Inc. , its sole general partner By: /~~n~- Martin Hirsch, Vice-President rroz9a~.i STATE OF NEW YORK ) ss.. COUNTY OF WESTCHESTER ) I, the undersigned, a Notary Public in and for said County, in the aforesaid state do hereby certify that Martin Hirsch, the Vice-President of American Property Investors, Inc., the sole general partner of American Real Estate Holdings Limited Partnership, personally appeared before me this day in person and affixed his signature to the foregoing Grant of Non- exclusive Easement and represented to me that he is authorized to sign on behalf of American Real Estate Holdings Limited Partnership. ~ ~~, /° 1' `l ~{~ , G ~ ~~' Notary Public GEORGE P. WILSON Notary PubAc Stale of New York NO. A9iQ3578 SEAL a<,ali~ed r, NasSnu couNn- My Cornmbs(on Expire AUG 31.1996 THIS DOCUMENT WAS PREPARED BY THE LAW OFFICES OF JAMES J. ELSON, CHARTERED -- 1522 E. Ash St., Canton, IL 61520 Telephone: (309) 647-6622 rroz9s~. i 2 .~ ORDINANCE N0. 1434 AN ORDINANCE ACCEPTING DEDICATION OF A PORTION OF 16TH AVENIIE AND ACCEPTING AN EASE FOR STORM AND SANITARY SEWEft3 WHEREAS, American Real Estate Holdings, L.P., the owners of the property now occupied by Heilig Myers, formerly occupied by R-Mart on East Chestnut Street in the City of Canton has delivered to the City of Canton a deed dedicating the roadway on the west side of the site and has also delivered an easement for storm and sanitary sewers involving the same general area; and, WHEREAS, it is to the benefit of the people of the City of Canton to have the use and benefit of a public roadway between Chestnut Street and Ash Street known as 16th Avenue and to have storm and sanitary sewer easements in said area; and, WHEREAS, the City provisionally accepted the road dedication in October, 1993. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the City of Canton accepts the dedication by American Real Estate Holdings, L.P., for perpetual use for road purposes, and designates said roadway as 16th Avenue. 2. That the City of Canton accepts the easement for storm and sanitary sewers from American Real Estate Holdings, L.P. 3. That a certified copy of this Ordinance together with an accurate map of the territory described, together with the certificate thereof be recorded with the Recorder of Deeds of Fulton County, Illinois. ~~.~ P ~ ~. v4~ 3 Q. ~~ C E_R T I F I C A T E STATE OF ILLINOIS, ) CITY OF CANTON, ) SS. COUNTY OF FULTON. ) I, Nancy Whites, City County of Fulton and State as the City Clerk of the records, minutes, ordinance: of said City, and that the of Clerk of the City of Canton, in the of Illinois, do hereby certify that City of Canton, I am the keeper of and other books, records and papers foregoing is a true and correct copy OP~INANCE N0, 1434 AN ORDINANCE ACCEPTING DEDICATION OF A PORTION OF 16TH AVENUE AND ACCEPTING AN EASE<1Ei~TT FOR S~RT~ AND SANITARY SEf~1EPS adopted by the City Council of said City and approved by the Mayor thereof on the 6th day of September 19 94 WITNESS my hand and the Corporate Seal of the City of Canton, Illinois this 14th day of September 1994 `~~~ f"h~~yt ~ha.te"s ) , City Clerk . r .ae ~ wrs 1v ~ i~ , ~ ~' 'J " 4., n s, ~ S E ~ ~ °L~.), U~P 3 P~, 3~ 4. That this Ordinance 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 this 6th day of September , 1994• AYES: Aldermen.Molleck, Phillips, Sarff, Meade, Chapman. NAYS: ~e• ABSENT: Aldermen Coay, Bohler, May. ATTEST: '~ ~ '_~ i~ Nan y Whi s, City Clerk. .? U 0 Z a,. NZ ~~ h •~ r ~~~ ~ ~ ~~ i9 ''"'' o g ~ Y- 1- n J W , O Vu ~~ ~ LLer~~ O~~ p~p ~ ~ o W~i• G Za ~ 3 u.l u~v c' '~ w of ~ ~ r_ =F~aT ~ w m ~ W =~ -~ a~~ ~ ~ ~ ~ 1aJ W ~ ~ iOy~C~ G 0 ~ ~ , ~ C~ , f,~, ~W \~ . ; ° J~~ ~ W~~'',~ i ,ib~ Za ,`W S Fp~~C Gi• ~ ~ Bid ~1~' ~-,<ao Z W C~ ~p 6 ~~ I ~, ~~ W- 8~ ~O Z~ ~~L~~ 8i ~; - - O G: r 3 0 ~~ ~~~ ~~~ ~ r ~ ~ l ,~ ~~~. an~nr ri~i HLaoN~-- ,oo•~z~ `M,~~.oo.o•n S O i C W _~ P N ~~ W m p~~' J d0 Z~ ~~ W 0 W _ p ~., ~ ~~ ° J~ Y O .U Y Y W 2 C O V '- in O J O Y O - C C C ; y« Y Z O .. d V «= Z O m Ya O C .L.Z Y~ V t V ~ «Yj r `tj O m 7 +i O C C O° V C N Ly ~« ~ N O S ~ K i!1 m 8 c ~ oC ° 0~.[ om«~5z°« 000 0] i m ,' o t` 1 J1 ~' Y• C Z m y° ~- 7 U Y Ip1 7 N ~ v V W O N Q~ Y ° m r ~ ~ «« ° 4^cp o~^ o" o^ O oar z'y- } ~ rn Z m o ~ c o 0 o nn~ ~ iv °+~ o Z °: r°• o i i i o p N E Ll..~ C VI VI ~ C ~ « O Q C O O ~O V /UUO. O 0 0~ O 1. 1 ~ j L ~ Z O O Or p[ ~ ~ C P [ J ~ O r •U O YF• n U` O Yj Y O u •~. ~, O C R IJ 10 Q a ~< u ~Y O A a[ Y O' O Z U !i V~ r~ J O ~K % .A r ~ TPV O«^OWy PN^O^ 1,y ~h0 VZO) W Y W W W W V1 ~ O Cp G• V v~ ~ O V i~ ~/~• C Q u K ~ I I o K .i' ] ~° c o o °o p o u o V I o] ~ .5 p ' C C L O O Y Y n Y ~ W r N C O Q III LVI N Z w L - V r n c] O ~ Y Y O y 1: _> O; ~~ .- C Y N W A 3 q O L n P Y V7 ~ L Z G Y OI O L D- C < ] ~/~1 ~.~ ~C o ~ 1 OO yN Y~ ] A y e O.L. D O O . O ~• ~ V d ~ O I O Y L U° O Cl P Y: W G b W~ Vi • I I W ~~,C O.CNn"MOUNOZ ~~ ~~H pY u O F ~ ~ ~ PLO o ~ O Y POO ~' 03M~31~~ NMVN~I Z I I I N J Y y~ m L O' L '~ •~ p. ° N c~ o n Z ~ i o .: n ~^ n ~ o•~ u. n o uP u• u~ .U O Y O u Y u Y O V _ O yy N~ O ~ O .~ '~L. n .t: D« o n O~ Si 500'08'39"W 1339.7- ~ _ 3~ ~~~~~~QQQQQQ ~ y~j N A > C '_ = GJ 7U ~ N ~ b~eoa ~~ ~ P YY u Y o o ~ ~ coon o~~N I Y ~ <<~o C C ] u 0 0 o Y 2 2 N N I _~ I ei o ~~ ~ '1 N o i 0~ 1~1 p'!~m `~ o I2 1 Y 1 h N f~ N J ; n zI 0 1 1 I p` M J = ~; W W W ' I h 1 (A ~ • N p O ; n o a I ~. Z i u i g n o o OS'LI 7 _ n °~ C p o i i g g N g m A i i_ I ~ V ~ Z = ~ I ~ O ti ~r",~ ~ tl~ 11..~lIOJIJ 1iV~litS i ( ~ ..' - - - , ~, ~ u ~s~I~ ~~~e~Tl~,U~iENT F! FOR ~tx ~ •:.~ ~~I; I I DAY OF --- ~~ ,'.~ o ~' I m a ~ I ° ~`~T O'CLOCK ~,~, ;, ` •nuanV 439 L 4i~oN ~ ~~Oc~o~bED !N VOL..Y.~ PAT __~' I I PROPOSED f5' UTILITY EASEMENT S.90.00'00' E, 334.00' ~.PPROXIMATE LOCATION OF EXISTIN~a BUILDIN[s 50' 0 0 N 3 ~' M W 0 0 0 t/f ~ ~ o ~ 0 2 Q H' ~~ PROPOSED 50' RIGHT OF WAY SEE ATTACHED EASEMENT PLAT FOR MORE pETAJIS ~- - - P0.8. N. 88'03' 19' W, 334.19' N. 88' OS' 19`W ~ ~' ~ EAST CHESTN uT STREET 1JOTE ~ BEARlN65 ARE FOR DESCRIPTIVE p1,iRpOSES ONLY. NORTHEAST CORNIER, NORiN1KE~T QUARTER, SOUTHWEST OLIARTER, 3EOT10N 25,TONINSHIP 7 NOi RANbE 4 EAST OF THE 4~ P M. ~' a~ ao m m 3 ~o 'a O SCALE 1'=100' '~;~,! t LLB ~. ~l. ILLINOIS REGISTERED tAND SURVEYOR N0. 1836 I HEREBY STATE THAT ?HE PlA7 HEREON DRAWN IS A TRLLE AWD CORRECT REPRESENTATION OF 7HE PIODPERTY DESC(tIBED ON THE A~l'ACHED DOCUMENTS TO THE BEST OF RMATION, KNO lED6E AND BELIEF. -~ W ' ANNE '~' ~s °~ 1~T" AVENUE RIGHT OF 1NAY ~ Proia~a na1 UTl L1TY EASEMENT PLAT Surveyor Canton PREPAREb BY ~ CITY OF CANTOIJ ~y 210 EAST CHESTNUT STREET T~ „~ .. ~\~ C1J~iTON,I11,tN01S t,15Z0 ~A?E =Nov. 19, 1991 i DRAVYN SY~ Tl S. ~T , i - • . C I LINE TABLE I ~ I I • No. Direction Length I L 1 N00'00' 41 "W 30.19 ~ •~ ~ LZ S40'31'24"E 26.42 ~' ~ L3 S88'03't 9"E 42.14 L4 S00'00'00"E 10.69 'o, ~ O \ S9 ~ ~ ~ • ~ Z :-~ \~ h~ 7.50 L3 o -~- ,jv_ ~ .~ P.O.B. . N88'03' 19"W 59.31 - -10"-SAN - ~ +~ -- - 10"-SAN - - -ir- N88'03' 19"W ~aet Che9tnut Street Northeast Corner, Northwest Quarter, Southwest Quarter, Section 25 ~ o 0 to rn ,w m ~~ w .w ~~ Iv `~ .36 Notes: Bearings ore for dexriptive purposes only. Distances on in fast and decimals of a foot. LEGEND Easement Boundary Line - - 15"-ST - Existing Storm Sewer - -10"-SAN - Existing Sanitary Sewer O Existing Manhole - Street Line EASEMENT DESCRIPTION FOR STORM AND SANITARY SEWERS ~'~ W ' AN~F~o No. 1836 y Professional Land Surveyor Canton ~_ A port of the Northwest Quarter of the Southwest Quarter of Section 25, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, described as follows and bearings are for descriptive purposes only: Commencing at the Northeast Corner of said Northwest Quarter; thence bearing S.0'06'39"W., a distance bf 1338.78 ft.; thence bearing N.88'03' 19"W., o distance 1081.36 ft. to a point at the intersection of the North line of East Chestnut Street and the East line of North Sixteenth Avenue and the ACTUAL POINT OF BEGINNING; thence along said East line bearing N.0'00'41 "W., o distance of 30.19 ft.; thence bearing S.40'31'24"E., a distance 26.42 ft.; thence bearing 5.88'03'19"E., a distance of 42.14 ft.; thence bearing S.0'00'00"E., a distance of 10.69 ft. to said North line; thence bearing N.88'03' 19"W., a distance of 59.31 ft. to the Point of Beginning. EASEMENT PLAT A part of the Northwest Quarter of the o ~ Southwest Quarter of Section 25, Y Township 7 North, Range 4 East of the w Fourth Principal Meridian, Fulton County, Illinois U ANDERSON ENGINEERING CONSULTANTS LTD. v 10-1/2 EAST ELM STREET ~ ~ ~ CANTON,ILLINOIS 61520 ///~ TELEPHONE (309) 647-7831 z a SCALE DATE JOB NO. 0 1 " = 20' Sept. 17, 1991 3380 ~ ~ BOOK 1319 Pa~E ~, ~~ '+ ~- 655x1 Document No. filed for Record in the Land Records office of Fulton County, Illinois on the day of c , 199 ~ =19 a m EASEMENT FOR STORM & SANITARY SEWERS KNOW ALL MEN BY THESE PRESENTS that Grantor, AMERICAN REAL ESTATE HOLDINGS LIMITED PARTNERSHIP organized under the laws of the State of Delawaze and duly authorized to transact business in the State of Illinois, for and in consideration of One Dollaz and other good and valuable consideration paid by the City of Canton, Fulton County, Illinois does hereby grant, bazgain, sell and convey to said City of Canton, an Illinois municipal corporation, its successors and assigns, Grantee, a perpetual non-exclusive easement to construct, install, operate, inspect, repair, maintain, replace and remove storm sewers and sanitary sewers over, under and across the following land owned by said AMERICAN REAL ESTATE HOLDINGS LIMITED PARTNERSHIP in the City of Canton, Fulton County, State of Illinois and described as shown on Exhibit "A-1" attached, reserving in said Grantor the right to use the easement for any reason not inconsistent with the grant of this easement. Grantee agrees to repair, grade and seed turfed azeas disturbed during construction or maintenance of said sewers, to restore any pavements, walks, drives or other improvements to their original condition and to take reasonable precautions to minimize damage to trees and shrubs during construction operations. The consideration and covenants recited herein shall constitute payment in full for all damages sustained by Grantor by reason of the maintenance, repair and replacement of the structures referred to herein and the Grantee will maintain such easement in a state of good repair and efficiency so that no unreasonable damage will result from its use to Grantor's premises. Grantee shall also maintain, repair and replace any structures referred to herein at Grantee's sole cost and expense. It is mutually agreed that the easement herein granted shall be subject to the following special provisions: None. This Agreement is binding on the parties hereto, their heirs, personal representatives, assigns and successors. IN WITNESS WHEREOF the said Grantor has caused this easement to be executed by its authorized representative this 28th day of July, 1994. AMERICAN REAL ESTATE HOLDINGS LIMITED PARTNERSHIP By: American Property Investors, Inc., its sole general partner :,:; By: , ; \~ ~~, i~ Martin Hirsch, Vice-President. ' '~ ,`. ci ~ ~%~ ,~' ~ CJ ,.• n _ C,~- ~~~~ c,'~ , . ND29871.1 . ~ .,.,, BOaK 13 ~ 9 PAGE ~ 5 STATE OF NEW YORK ) ss.. COUNTY OF WESTCHESTER ) I, the undersigned, a Notary Public in and for said County, in the aforesaid state do hereby certify that Martin Hirsch, the Vice-President of American Property Investors, Inc., the sole general partner of American Real Estate Holdings Limited Partnership, personally appeared before me this day in person and affixed his signature to the foregoing Easement for Storm & Sanitary Sewers and represented to me that he is authorized to sign on behalf of American Real Estate Holdings Limited Partnership and American Property Investors, Inc., it sole, general partner. ,, , ~_4 .~ ~~~.: GEOtt6E P. UMLSON 9 c.a ~~ No. ~4 a sie ~'" vOf 1t Notary Public ' ck~alaa ~ w~ss~u couN1Y MY Canmiaston Expires AUG 31. 1995 ., . .i,_ . THIS DOCUMENT WAS PREPARED BY THE LAW OFFICES OF JAMES J. ELSON, CHARTERED -- 1522 E. Ash St., Canton, IL 61520 Telephone: (309) 647-6622 a, ~5~ 7U~ 7't~lt~ctlan Exempt LTncter Iztovielons of t'ar. (.e..). Sec. 4 IJ'JiliB~i ~i ~ xnz9a~i.i 2 r .r aoo~ 1319 Pao s s E IBIT A-1 LEGAL DESCRIPTION A part of the Northwest Quarter of the Southwest Quarter of Section 25, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, described as follows and bearings are for descriptive purposes only: Commencing at the Northeast Corner of said Northwest Quarter; thence bearing S. 0° 6' 39" W, a distance of 1338.78 ft.; thence bearing N. 88° 3' 19" W. a distance of 1081.36 ft. to a point at the intersection of the North line of East Chestnut Street and the East line of North Sixteenth Avenue and the ACTUAL POINT OF BEGINNING; thence along said East line bearing N. 0° 00' 41" W. a distance 30.19 ft.; thence bearing S. 40° 31' 24" E., a distance of 26.42 ft.; thence bearing S. 88° 3' 19" E. a distance of 42.14 ft.; thence bearing S. 0° 00' 00" E., a distance of 10.69 ft. to said North line; thence bearing N. 88° 3' 19" W., a distance of 59.31 ft. to the Point of Beginning. xnz9a~i.i 3 '' 8D01( ~ 31 ~ PAGE ~~'~ y5 - 65552 Document No. filed for Record in the -Land Records office of Fulton County, Illinois on the day of , 199.x, ~' :d (~ a n~ u~ ~ 3~9 P~, ~~ ~a ~ ~~ THIS INDENTURE WTTNESSETH, That the Grantor, AMERICAN REAL ESTATE HOLDINGS LIMITED PARTNERSHIP, organized under the laws of the State of Delaware and duly authorized to transact business in the State of Illinois for and in consideration of One Dollar and other good and valuable consideration, CONVEYS, QUIT CLAIMS and DEDICATES to THE CITY OF CANTON, an Illinois municipal corporation, the following described real estate, to wit: A part of the Northwest Quarter of the Southwest Quarter of Section 25, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, described as follows: The West Fifty (50) feet of a tract of land described as follows: Commencing at the Northeast Corner of said Northwest Quarter; thence bearing S. 0° 06' 39" W., a distance of 1338.78 feet, thence bearing N. 88°03' 19" West, a distance of 797.17 feet to the actual point of beginning being a point on the North line of East Chestnut Street marked by an iron pin; thence bearing N. 88° 03' 19" W., a distance of 334.19 feet along said North line to the Southeast corner of the property heretofore conveyed to Darren Oaks, marked by an iron pin; thence bearing N. 0° 00' 00" E., a distance of 627.00 feet along said Oaks property line and beyond to a point marked by an iron pin; thence bearing S. 90° 00' 00" E., a distance of 334.00 feet to a point marked by an iron pin; thence bearing S. 0° 00' Q~" W., a distance of 638.34 feet to the point of beginning. IN WITNESS WHEREOF, this dedication deed has been signed on this 28th day of July, 1994 without representation or warranty by or recourse against the Grantor. AMERICAN REAL ESTATE HOLDINGS LIMITED PARTNERSHIP By: American Property Investors, Inc., its sole general partner By: ~~'~ Martin Hirsch, Vice-President rroz9sst.1 ,,ei+717;ar10 ~~ i, ~<J . h SCI ~. ~ ~ , O .`~ l ~ ~~ il ~. , ;',;,. ~i ~ ~ BOOK ~ 319 PAGE E 8 '`~ STATE OF NEW YORK ss.. COUNTY OF WESTCHESTER ) I, the undersigned, a Notary Public in and for said County, in the aforesaid state do hereby certify that Martin Hirsch, the Vice-President of American Property Investors, Inc., the sole general partner of American Real Estate Holdings Limited Partnership, personally appeared before me this day in person and affixed his signature to the foregoing Quit-Claim Deed of Dedication and represented to me that he is authorized to sign on behalf of American Real Estate Holdings Limited Partnership and American Property Investors, Inc., its sole general .tt urr~• r: t° •• gE~r,,,.,. .~ ~ ; ~. FZ ~ ~ ,T 6EOR~E P. WILSON r .. Notary Pty Stote of New Yoh (~ : r= a NO.4903579 ~" ~• - ~,~;;~ ;~ w~ssAU couNN No Public . ~ ' ` C mission Expires AUG 31,1996 .. '; .'` MY om `,. ;,`~ ,~~ ,,~,~ THIS DOCUMENT WAS PREPARED BY THE LAW OFFICES OF JAMES J. ELSON, CHARTERED -- 1522 E. Ash St., Canton, IL 61520 Telephone: (309) 647-6622 ~' ~/ ~; a t osa~ ~o,ddosra of Par. ~. e..:X, sec. 4 ti Yo1 Bohm Tsan~t~c Tir<s Ate. ND29851.1 2 t ~'` a BOOK ~ 319 PAGE ~ ~ Document No. ~'~ 65Sv~ filed for Record in the Land Records office of Fulton Con ,Illinois n the day of , 199 ~ ~ ~ a n, NON-EXCLUSIVE MUNICIPAL WATER EASEMENT THIS INDENTURE WITNESSETH, That the Grantor, AMERICAN REAL ESTATE HOLDINGS LIMITED PARTNERSHIP, organized under the laws of the State of Delaware and duly authorized to transact business in the State of Illinois for and in consideration of One Dollaz and other good and valuable consideration, CONVEYS and QUIT CLAIMS to BIG CREEK ENTERPRISES, INC., an Illinois corporation, a non-exclusive easement for municipal water service, including rights to tap on existing service and to maintain same, but with repair of all damage, in the following described real estate, to wit: Fifteen feet (15') of even width on the North Side of the following described real estate: A part of the Northwest Quarter of the Southwest Quarter of Section 25, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, described as follows: Commencing at the Northeast Corner of said Northwest Quarter; thence bearing S. 0° 06' 39" W., a distance of 1338.78 feet, thence bearing N. 88° 03' 19" West, a distance of 797.17 feet to the actual point of beginning being a point on the North line of East Chestnut Street mazked by an iron pin; thence bearing N. 88° 03' 19" W., a distance of 284.19 feet along said North line to a point 50.0 feet from the Southeast corner of the property heretofore conveyed to Darren Oaks, marked by an iron pin; thence bearing N. 0° 00' 00" W. a distance of 628.36 feet parallel to said Oaks property line and beyond to a point marked by an iron pin; thence bearing S. 90° 00' 00" E., a distance of 284.00 feet to a point marked by an iron pin; thence bearing S. 0° 00' 00" E., a distance of 638.34 feet to the point of beginning. IN WITNESS WHEREOF, this Grant of Non-Exclusive Easement has been signed on this 28th day of July, 1994 without representation or warranty by or recourse against the Grantor. AMERICAN REAL ESTATE HOLDINGS LIMITED PARTNERSHIP By: American Property Investors, Inc. , its sole general paztner Y Martin Hirsch, Vice-Presid'e` t~t~ ~~ `~ ~=~ :_ ., ~, . ~ Y\ r ~ ~• p <<,~ t'-' ~ ~7 ~,`l Mph f'1' ~J ~ ~ J ~LIOV~.l - .. .. BOOK 131 ~ PAGE "j ., STATE OF NEW YORK COUNTY OF WESTCHESTER ss.. I, the undersigned, a Notary Public in and for said County, in the aforesaid state do hereby certify that Martin Hirsch, the Vice-President of American Property Investors, Inc., the sole general partner of American Real Estate Holdings Limited Partnership, personally appeared before me this day in person and affixed his signature to the foregoing Grant of Non- exclusive Easement and represented to me that he is authorized to sign on behalf of American Real Estate Holdings Limited Partnership. ~ I' ~--- . ~,, .,. Notary Public . /`~ `' GEORGE P. WILSON ~ 1' : Notary Public Stale of New York ~ N0.4903678 SE~~ ?; ~ Glualitied h NASSAU cOUN1Y .: ~ My Cornmk~sion Expires AU6 31,1996 .+`. THIS DOCUMENT WAS PREPARED BY THE LAW OFFICES OF JAMES J. ELSON, CHARTERED -- 1522 E. Ash St., Canton, IL 61520 _ ^~ -Telephone: (309) 647-6622 ~~ or Parma ~. (.~'...)'~ Sec. 4 of ,Bd Fs~ T,,~~ Tsx Aq, xn29a~.i 2 PROP05ED - . f5' UTILITY EASEME~1~ S.90.00'00' E, 334.00' i~ e--I Y 0 o. i i ~1 ~i 0 0 50' O N 3 t i g ~ o ~ 0 i e ~~ amt ~ ~.PPROXIMATE LOCATION OF EXISTINCs BUILDINCz PROPOSED So' RIGHT OF WAY 3EE ATTAvCHED EASEMENT PLAT FOR MORE DETAILS P0.6. ``- - \ 1~1.88'03'IQ'YV, 334.19' N.88.O~i9•W~ l9' ~~ EAST CHESTN uT S1f BEET 1JOTE ~ BEARlN63 ARE FOR DESCR-PTiVE PURPOSES ONLY. NORTHEAST .CORNIER, NORTNIKEST OitlARTER . SOUTHIlVEST (;tl1ARTER, SECTION 25,TOoVIfNSH1P 7 N01 RANbE a EJ~T OF THE 4'~ P M. co efD 3 0 0 SCALE I'=100' I HEREBY STATE THAT THE .PLAT HEREON DRAWN iS A TRl1E AND CORRECT REPRESENTATION OF THE PROPERTY DESCRI6ED ON THE ATTACHED DOCUMENTS TO THE BEST ~ ,- ~"! OF MSG---tMFORMATION, K1J0 IEDbE AJ~ID BELIEF IlLIN01S REbISTERED LAND sURYEYOR NO. 1836 -~AN~F,~p No. 1836 ti Professional lan0 Surveyor Canton 11.E-~ II~T" AVENUE RIGHT OF WAY '~ UTl LITY EASEMENT PLAT PREPARED 8Y ~ CITY OF C~NT01J 210 EAST CHESTNUT STREET C1~N'TON.IlL1N01S (.1520 DAZE ~ NOV. 19, 1991 DRAWN 8Y~ T.I.S. ~Z w c~ c !'~ t-i x 0 0 m , ~ I i ~ i C LINE TABLE I I No. Direction Length ~ I L1 N00'00'4t"W 30.19 ~- . ~ L2 S40'31'24"E 26.42 ~ ~ L3 S88'03' 19"E 42.14 L4 S00'00'00"E 10.69 ~O. I I t \ ~ O \ ~ Z -' ~1~~ 7.50 ~ ~ - - - - - o -A _ - - - - - - P.0.8. N88'03' 19"W 59.31 -10"-SAN - ~ - 10"-SAN - - -~ N88'03' 19"W ~ ~ east Che9tnut Stredt Northeast Corner, Northeest Quarter, ' Southwest Quarter, Section 25 ~ ~ 0 o t 0 o- ,w n I£ w ,w ~ ao I~ I __._ b Notes: Baoringa ore for oexriVtiva puryoasa o~1y. Dietoneaa an in fast and dacimala of o foot. LEGEND Easement Boundary Line - - 15"-ST - Existing Storm Sewer - -10"-SAN - Existing Sanitary Sewer QO Existing Manhole - - - Street Line EASEMENT pESCRIPT10N FOR STORM AND SANITARY SEWERS A part of the Northwest Quarter of the Southwest Quarter of Section 25, Township 7 North, Range 4 East of the Fourth Principol Meridian, Fulton County, Illinois, described ds follows and Deorirags ire for descriptive purposes only: Commencing of the Northeast Corner of said Northwest Quarter; ;hence Dearing S.0'06'39"W., o distance of 1338.78 ft.: thence bearing N.88'03' 19"W., o distance 1081.36 ft. too point at the intersection of the North line of East Chestnut Street and the East line of North Sixteenth Avenue and the ACTUAL POINT OF BEGINNING; thence along paid East line beoring N.0'00'41 "W., o distance of 30.19 ft.; thence Dearing 5.40'3t'24"E., a distance 26.42 ft.; thence bearing 5.88'03'19"E., d distance of 42.t4 ft.: thence beoring S.0'00'00"E., o distonce of 10.69 ft. to said North line; - ~_ thence bearing N.88'03'19"W., a distonce of 59.31 ft. to the Point of Beginning. ~i"'"".~N~E'$f' os No. 1836 Professional Land Surveyor Canton ~_ t: EASEMENT PLAT A port of the Northwest Quarter of the o ~ Southwest Ouortsr of Section 25, x Township 7 North, Range 4 East of the w Fourth Principol Meridian. Fulton County. Illinois U ANDERSON ENGINEERING CONSULTANTS ~"D. v = 10- t /2 EAST ELM STREET ~ ~ rL CANTON,IL~INOIS 6t 520 ~ ///~ 'ELEPHONE (309) 647- 783 ~ z < SCALE pATc „OB 'V0. s - = ZO' Seot. ' '. ~ 99' .3380