HomeMy WebLinkAboutOrdinances - O-80-228 - 06/02/1980 - AUTHORIZE AGMT FOR RELEASE OF EASEMENTMCHENRY ORDINANCE: 0-80-228
AN ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
MCHENRY, MCHENRY COUNTY, ILLINOIS, as follows:
SECTION 1. It is hereby determined that it is in the
public interest that the City of McHenry enter into the
Agreement For Release of Easement And The Substitution Of
A New Easement In Lieu Thereof, a copy of which is attached
hereto as Exhibit 1.
SECTION 2. The Ma_vor and City Clerk be and they are
hereby authorized and directed to execute the aforesaid
Agreement and to do all things necessary and essential to
carry out the terms of said Agreement.
SECTION 3. This ordinance shall be in full force and
effect upon its passage, approval and publication as by law
required.
PASSED this 2nd. day of June, 1980.
AYES• Nolan, Pepping, Datz, Adams, Wieser, Schooley, Meurer
NAYS: None
ABSENT: Harker
APPROVED this 2nd. day of June, 1980.
•
ATTEST:
City Clerk
AGREEMENT FOR RELEASE OF EAST MT;NT
AND THE SUBSTITUTION OF A NEW EASEMENT IN LIEU THEREOF
This instrument, made this LIA day of
1980, by and between the City of McHenry, "Grantees" and
McHenry State Bank, Trustee under Land Trust No.
and William Neumann and Jean Neumann,
WITNESSETH:
WHEREAS, McHenry State Bank, Trustee under Trust No.
is the legal title holder of the following described parcel
of property:
That part of Lots 1 and 2 in the Northwest Quarter
of Section 2, Township 44 North, Range 8 East
of the Third Principal Meridian, described as
follows: Commencing at the Northwest corner of
Lot 2 in said Northwest Quarter; thence Easterly
along the North line of said Lot 2, a distance
of 817.54 feet to the Easterly right of way line
of State Route No. 31 thence Southerly, along
said Easterly right of way line, a distance of
610.00 feet for the place of beginning; thence
Easterly, at right angles to the last described
course, -a distance of 480.09 feet to the East
line of the West half of Lots 1 and 2; thence
Southerly along said East line,` a distance of
724.13 feet to a point. being 16 feet South
of the South line of said Lot 2; thence Westerly,
along a line being 16 feet South of arid parallel
to said South line, a distance of 460.28 feet
to the Easterly right of way line of State
Route No. 31 aforesaid; thence r4orthcrly alun<j
said Easterly right of way line, a distance of
720.49 feet to the place of beginning, in McHenry
County, Illinois; and,
WHEREAS, William and Jean Neumann are the present
owners in fee simple of the above described property.
WHEREAS, William Neumann and Jean Neumann previously
authorized the Trustee to grant to the City of McHenry and,'
their grantees a thirty (30) foot perpetual right easment
for ingress and egress, along with the rightto lay and
.maintain a roadway over'said easement to serve Knox Park,
all of which was created by an instrument recorded June 4,
1979 as Document No. 769585.
WHEREAS, the City of Mcllenry wishes to release and
relinquish to McHenry State Bank, Trustee under Trust No.
and William Neumann and Jean Neumann, their heirs, administrators,
successors and assigns, all their right, title and interest in
and to the aforementioned easement recorded as Document No.
769583; end,
WHEREAS, in lieu thereof, McHenry State Bank as Trustee
under Trust No. 9 and William Neumann and Jean Neumann
wish to grant to the City of McHenry, State of Illinois,
a perpetual easement for ingress and egress over the above
described parcel of property, which easement is described as
follows:
That part of Lots 1 and 2 in the Northwest Quarter
of Section 2, Township 44 North, Range 8 East of
the Third Principal Meridian, described as follows:
Commencing at the Northwest Corner of Lot 2 in said
Northwest Quarter; thence Easterly along the North
line of said Lot 2, a distance of 817.54 feet to
the Easterly right of way line of State Route No.
31; thence Southerly, along said Easterly right of
way line, a distance of 735 feet to a point for
the place of beginning; thence continuing South on
said Easterly right of way line for a distance of
30 feet to a point; thence Easterly at right angles
to the last described line, at the last described
point, for a distance of 475.41 feet to a point on
the East line of the West half of Lots 1 and 2;
thence North on the East line of the West half of
said Lots 1 and 2 for a distance of 30.01 feet to
a point; thence Westerly for a distance of 476.26
feet to the place of beginning, in McHenry County,
Illinois.
WHEREAS, the City of McHenry, and their grantees, in
consideration of the release of the aforementioned easement
and the grant of the new easement obtained herein, and of other
good and valuable consideration, receipt of which is hereby
acknowledged, the parties hereto agree as follows:
1. Grantor, City of McHenry, hereby releases to McHenry
State Bank, as Trustee under Trust No. 9 and William and
Jean Neumann the easement described in Document No. 769585,
it being the intention of all parties to this agreement to
terminate this easement.
2. McHenry State Bank, as Trustee under Trust No. 9
and William and Jean Neumann grant to the City of McHenry, their
grantees, successors and assigns, perpetual easement for ingress
and egress.over
That part of Lots 1 and 2 in the Northwest Quarter
of Section 2, Township 44 North, Range 8 East of
the Third Principal Meridian, described as follows:
Commencing at the Northwest Corner of Lot 2 in said
Northwest Quarter; thence Easterly along the North
line of said Lot 2, a distance of 817.54 feet toy
the Easterly right of way line of State Route No.
31; thence Southerly, along said Easterly right of
way line, a distance of 735 feet to a point for
the place of beginning; thence continuing South on
said Easterly right of way line for a distance of
30 feet to a point; thence Easterly at right angles
to the last described line, at the last described
point, for a distance of 475.41 feet to a point on
the East line of the West half of Lots 1 and 2;
thence North on the East line of the West half of
said Lots 1 and 2 for a distance of 30.01 feet to
a point; thence Westerly for a distance of 476.26
feet to the place of beginning, in McHenry County,
Illinois,
including the right to lay and maintain a roadway thereon to the property
awned by the City and contiguous to the property herein first described
for the benefit of the Grantees, their successors, heirs and
assigns.
3. Said easement is given for the sole purpose of ingress
and egress and it is agreed and understood that it is not to be
construed as an easement'given to the exclusion of McHenry State
Bank as Trustee under Trust No. 9 and William and Jean
Neumann, their heirs and assigns or to others later granted
a similar right.
4. The party of the second part, convenants with the party
of the first part, their heirs and assigns to at all times
maintain and make necessary repairs, at their own expense, should
the roadway require the same for the proper upkeep and maintenance.
ATTEST:
City Clerk
•
MCHENRY STATE BANK, TRUSTEE UNDER
TRUST NO. 9
IA
-3-
WILLIAM. NEU1_'+[ANN
JEAN NEUMANN
STATE OF ILLINOIS )
) SS.
COUNTY OF McHENRY )
I, the undersigned, a Notary Public in and for the County and
State aforesaid, DO HEREBY CERTIFY that JOSEPH B. STANEK and
BARBARA E. GILPIN, personally known to me to the be the Mayor
and City Clerk, respectively, of the CITY OF McHENRY, and
personally known to me to be the same persons whose names are
subscribed to the foregoing instrument, appeared before me this
day in person and severally acknowledged that they signed and
delivered said instrument as such Mayor and City Clerk of said
Corporation, and caused the Corporate Seal of said Corporation
to be affixed thereto pursuant to the authority, given by the
City Council of said corporation as their free and voluntary act,
and as the free and voluntary act and deed of said Corporation,
for the uses and purposes therein set forth.
My commission expires:
STATE OF ILLINOIS
SS.
COUNTY OF McHENRY
a
I, the undersigned, a Notary Public in and for the County
and State aforesaid, DO HEREBY CERTIFY that TOM BOLGER, President
of the McHenry State Bank, personally known to me to be the
same person whose name is subscribed to the toregoing instrument,
appeared before me this day in person and severally acknowledged
that he signed and delivered said instrument as Trustee under
Trust No. , for the uses and purposes therein set forth.
My commission expires:
STATE OF ILLINOIS )
SS.
COUNTY OF McHENRY )
I, the undersigned, a Notary Public in and for the County
and State aforesaid, DO HEREBY CERTIFY that WILLIAM NEUMANN and
JEAN NEUMANN, personally known to me to be the same persons
whose names are subscribed to the foregoing instrument, appeared
before me this day in person and severally acknowledged that
they signed and delivered said instrument, as their free and
voluntary act for the uses and purposes therein set forth.
My commission expires:
-4-