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Home My WebLink About0015 Mapes recordedDonald L. Mapes, Trustee Ann L. Mapes, Trustee 472 -74 East Chicago Street Elgin, Illinois 60120 Project: Chicago Street Rehabilitation Route: Chicago Street (FAU 1321), from Center Street to IL 25 County: Kane Job No: R -55- 001 -97 Parcel: 0015TE P.I.N. 06 -13- 260 -011 Section: 12- 00183 -00 -PV 2018KO02768 SANDY WEGMAN RECORDER - KANE COUNTY, IL RECORDED: 1/17/2015 3:50 PM REC FEE: 47.00 PAGES: 4 TEMPORARY CONSTRUCTION EASEMENT Donald L. Mapes, not personally but as Trustee under the provisions of a certain Trust Agreement dated July 1, 1998 and known as the Donald L. Mapes Trust, as to an undivided 1/2 interest, and Ann L. Mapes, not personally but as Trustee under the provisions of a certain Trust Agreement dated July 1, 1998 and known as the Ann L. Mapes Trust, as to an undivided 1/2 interest (collectively referred to as the "Grantor "), of the County of Kane and State of Illinois, for and in consideration Seven Hundred Ninety -Nine Dollars ($799.00) 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. -2- IN WITNESS WHEREOF, the parties have entered into and executed this Temporary Construction Easement agreement on this C% day of�, L 2017. CITY OF ELGIN: OWNER� By: y. City Manager 1 Donald L. Mapes, Trustee Attest: City Clerk 6) STATE OF 2 L ) SS. COUNTY OF B y qG� Ann L' Tru's ee I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Donald L. Mapes, Trustee under the provisions of a certain Trust Agreement dated July 1, 1998 and known as the Donald L. Mapes Trust, and Ann L. Mapes, Trustee under the provisions of a certain Trust Agreement dated July 1, 1998 and known as the Ann L. Mapes Trust, are personally known to me to be the same persons whose names are subscribed to the foregoing instrument and are known to be an authorized trustee or agent of the trusts, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as the free and voluntary act of the trusts, by authority set forth in the trust documents or by authority of statute, for the uses and purposes therein set forth, and on oath stated that they are authorized to execute said instrument and in fact executed the instrument on behalf of said trusts. Given under my hand an official seal, this DC44 - day of t\7 e ,Pcn-.be,- 2017. 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 .°�':}KA_v�y PJ oCF"oeOSS�m1 i s'�s'Ss3c faA: ? �cE T aQ AEFE< S PuX t6 �L P na!S's tary xfe of I;inn rs&3!1� 9 -3- Route: Chicago Street Section: County: Kane Job No.: R- 55 -001 -97 Parcel: 0015TE Station: 120 +44.86 to 121 +11.50 Index No.: 06 -13- 260 -011 That part of Lot 2, in Block 2, in Walker's Addition to Elgin, recorded April 19, 1888 in Book 7, Page 38, being a subdivision of the Northeast 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 2; thence North 00 degrees 21 minutes 20 seconds West, along the west line of said Lot 2, 5.00 feet; thence North 89 degrees 54 minutes 07 seconds East, 65.97 feet to the east line of said Lot 2; thence South 00 degrees 05 minutes 13 seconds East, along the east line of said Lot 2, 5.00 feet to the south line of said Lot 2; thence South 89 degrees 54 minutes 07 seconds West, along the south line of said Lot 2, 65.95 feet to the point of beginning. Said parcel containing 0.008 acres, (331 square feet), more or less. G \Public \El,l 7011 \EG1104 Chicago Street RehabilitatlonU . antl Acp ntion\Legal De ,rptlons\0015TEtlo