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HomeMy WebLinkAbout0005 Allan recordedArthur R. Allan and Deborah Jenkins Allan 400 East Chicago Street Elgin, Illinois 60120 Project: Chicago Street Rehabilitation Route: Chicago Street (EAU 1321), from Center Street to IL 25 County: Kane Job No: R -55- 001 -97 Parcel: 0005TE P.LN. 06 -13- 183 -013 Section: 12- 00183 -00 -PV 2018KO02753 SANDY WEGMAN RECORDER - KANE COUNTY, IL RECORDED: 1/17/2018 3:42 PM REC FEE: 48.00 PAGES: 5 TEMPORARY CONSTRUCTION EASEMENT Arthur R. Allan and Deborah Jenkins Allan, husband and wife (collectively referred to as the "Grantor "), of the County of Kane and State of Illinois, for and in consideration Seven Hundred Fifty -Three Dollars ($753.00) in hand paid, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby represents that Grantor owns fee simple title to and grants and conveys to the Grantee of Elgin, an Illinois municipal corporation (the "Grantee "), a temporary construction easement for the purpose of sidewalk reconstruction and other highway purposes, on, over, within, under, along, across, and through the following described real estate: SEE ATTACHED LEGAL DESCRIPTION situated in the County of Kane, State of Illinois. The above - described real estate and improvements located thereon are herein referred to as the "Premises." The right, easement, and privilege granted herein shall terminate three (3) years from the date on which construction of the proposed project is commenced on the Premises, or on the completion date of the proposed project, whichever is sooner. Grantor shall have and retain all rights to use and occupy the premises and to access Grantor's remaining property, except as otherwise herein expressly granted; provided, however, that Grantor's use and occupation of the Premises may not interfere with Grantee's use of the Premises for the purposes herein described. Grantor, without limiting the interest above granted and conveyed, acknowledges that upon payment of the agreed consideration, all claims arising out of the above acquisition have been settled, including, without limitation, any diminution of value to the remaining property of the Grantor caused by the opening, improving, and utilization of the premises for highway purposes. This acknowledgement does not waive any claim for trespass or negligence against the Grantee or Grantee's agents which may cause damage to the Grantor's remaining property. This grant shall constitute a covenant, which runs with the land, and shall be binding upon the legal representatives, successors, and assigns of Grantor. That following the exercise by the Grantee of any easement rights granted herein, the Grantee shall promptly repair and restore the Premises to the same condition as existed immediately prior to the existence of such rights as is reasonably practicable, and shall leave the Premises and surrounding premises free from debris. That the Grantee for itself, its agents and independent contractors, hereby agrees to indemnify and hold the Grantor and its successors harmless from third party claims for personal injuries or property damage arising directly as a result of the Grantee's work in the Premises during construction or during any subsequent maintenance or repair thereof. The Grantee further agrees to indemnify and hold harmless the Grantor from any and all liens placed against the Premises arising from said construction activities. That no amendment, revision or modification hereof shall be effective unless it is in writing and signed by all parties hereto. That this Temporary Construction Easement agreement constitutes the entire agreement between the parties and is intended as a complete and exclusive statement of the terms of the parties agreement, and it supersedes all prior and concurrent promises, representations, proposals, negotiations, discussions and agreements that may have been made in connection with the subject matter hereof. That this agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. This agreement may be signed in counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one instrument. That the Grantee may utilize the services of third party contractors, employees or other agents to perform work on the Premises. That the Grantor hereby represents and warrants to the Grantee that it is the fee simple title holder of the Premises and that it has the full power and authority to enter into and make the grant of easement as provided herein. That this agreement shall be recorded by the Grantee at the Grantee's cost with the Kane County Recorder. SIGNATURE PAGE FOLLOWS z Clk+k t CrRAttiCE A R�Ch 'rt) R,s4PVWf 0& CWtA&6 OPMt ' Ct0)36 -C <10C 146 tbGvat sN Ff T of �C�+� �RCt�ts �© GkICA&o tP -� Rh G-o5e � /VS Pot5tt3t� To tbI atiE 6gt � � /tCR a> -ri-W TAW -WPA -r P00a Cu Cb(c POa ECTI A cRhi�« Ft1,5� i�c ES �o R&N-AC6 -�Wc- 5t cwrk�t1 F at wt jtk CrjFFep i�&C—f (N Y� CoNF= Gz0(, A (X,e y A6 PKaR -ro - -r7RC- �'�a�Ec r (s� cL�n� rl�, Mrkiv A�Tart j, IN WITNESS WHEREOF, the parties have entered into and executed this Temporary Construction Easement agreement on this 11 Jk day of 201.. CITY OF ELGIN: 3�z1�i j f MM City Manager Arthur R. Allan Attest: By/ '- City Clerk f f orah Je ki Il r STATE OF t p 7C CS COUNTY OF SS. 1, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Arthur R. Allan arut, personally known to me to be the same persona whose name og� subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that "T signed and delivered the said instrument as .T it free and voluntary act of the uses and purposes therein set forth. k a5 Given under my hand an official seal, this 41-,,- day of , AAi300- f , 201$. DEBORAH J. ALLAN OFFICIAL SEAL (votary Public - State of Illinois My Commission Expires mag128, 20f8 This Instrument Prey by and Return After Recording to: Christopher J. Beck City of Elgin Legal Department 150 Dexter Court Elgin IL 60120 -5555 � �Ij� 4• AGt Notary Public 5'�Z,SC D -1 Aft 5 F 1J -1-6 ARTHUR OFF CTRL SEL oc ALLAN dp i i (�� Notary Public - State of Illinois My Commission Expires 13- May 2e, 2018 IN WITNESS WHEREOF, the parties have entered into and executed this Temporary Construction Easement agreement on this day of 2018. CITY OF ELGIN: OWNER: By: / By: City Manager Arthur R. Allan Attest: — By: City Clerk STATE OF SS. COUNTY OF Deborah Jenkins Allan I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Arthur R. Allan and Deborah Jenkins Allan, are 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 acknowledged that they signed and delivered the said instrument as their free and voluntary act of the uses and purposes therein set forth. Given under my hand an official seal, this day of 2018. This Instrument Prepared by and Return After Recording to: Christopher J. Beck City of Elgin Legal Department 150 Dexter Court Elgin IL 60120 -5555 Notary Public -3- Route: Chicago Street Section: County: Kane Job No.: R- 55- 001 -97 Parcel: 0005TE Station: 110 +58.13 to 111 +26.04 Index No.: 06 -13- 183 -013 That part of Lot 1 in I.S. Bartlett's Subdivision of Out Lots 1 & 2 in Jas. T. Gifford's Addition to Elgin, recorded November 5, 1870 in Book 5, Page 24, being a subdivision of the Northwest Quarter of Section 13, Township 41 North, Range 8 East of the Third Principal Meridian, in Kane County, Illinois, bearings and distances based on the Illinois State Plane Coordinate System East Zone, NAD 83 (2011 adjustment), with a combined factor of 0.99994388 described as follows: Beginning at the southwest corner of said Lot 1; thence North 00 degrees 05 minutes 21 seconds East, along the west line of said Lot 1, 5.00 feet; thence South 89 degrees 45 minutes 10 seconds East, 67.90 feet to the east line of the west 70.50 feet of said Lot 1; thence South 00 degrees 05 minutes 21 seconds West, along said east line, 5.00 feet to the south line of said Lot 1; thence North 89 degrees 45 minutes 10 seconds West, along said south line, 67.90 feet to the point of beginning. Said parcel containing 0.008 acres, (340 square feet), more or less. 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