HomeMy WebLinkAbout03-0213 Engelmann 4
03-0943 ENVY—Ian/1
0030289245 3 2 24
5r,-;:54/002.116 i101 Pao 1 ...
2003--02-28 10:57:55
Cook County f,,-corder 36.50
STATE OF ILLINOIS ) X1111 1111 111 Iii 111 111
11 I11I
)ss.
COUNTY OF COOK ) 0030289245
DRIVEWAY AND PARKING EASEMENT AGREEMENT
THIS AGREEMENT made as of this /3774 day of February, 2003, by and between the
ANTON F. ENGELMANN, ("A. Engelmann"), LAUREL A. ENGELMANN, ("L. Engelmann"),
and TIMOTHY SCHNEIDER, ("Schneider").
RECITALS
A. A. Engelmann and L. Engelmann are the owners, in fee simple, of that parcel
of land described on Exhibit 1 attached hereto (hereinafter referred to as "Parcel 1").
B. A. Engelmann and Schneider are the owners, in fee simple, of that parcel of
land described on Exhibit 3 hereof(hereinafter referred to as "Parcel 2").
C. The parties wish to create an easement for driveway and parking for the benefit
of Parcels 1 and 2 on the terms and conditions set forth below.
DECLARATION
1. Incorporation of Recitals. The recitals set forth above are hereby incorporated
herein by reference.
2. Definitions.
(a) "Driveway and Parking Easement" shall mean the permanent
non-exclusive right and easement,exercisable in common with all others
having like right, including the parties hereto and their successors and
assigns, at all times hereafter without fee or charge, to pass and re-pass,
with or without vehicle of any description, over and along those portions
of Parcels 1 and 2 described in Exhibit 3 attached hereto for driveway
and parking purposes for the mutual benefit of the parties hereto and for
access, ingress and egress to and from Parcels 1 and 2 to the public
right-of-way commonly known as East Chicago Street, Elgin, Illinois;
provided, however, that such easement rights may be exercised only for
such purposes as are reasonably associated with or incidental to the
lawful use of Parcels 1 and 2.
(b) "Permitted Users" shall mean the parties hereto and the employees,
agents, servants, invitees, visitors, licensees, concessionaires,
customers and tenants of said parties.
After recording return to:
Elgin City Clerk
150 Dexter Court 1
Elgin, IL 60120
+'. ' t n3 ';_":1'*-`4c 41- :_ t.
3. Grant of Driveway and Parking Easement. Subject to all of the provisions set
forth herein, the parties hereby grant to each other and to their successors, assigns and
Permitted Users a Driveway and Parking Easement for ingress to and egress from East
Chicago Street to Parcels 1 and 2 and for parking on Parcel 1 for the benefit of Lot 2 in Parcel
2, reserving, however, to each of the parties and said parties' heirs, successors, assigns,
agents, employees, servants, visitors, licensees, concessionaires and tenants, and all others
permitted to do so by the parties hereto, the right to use their parcels in any way which does
not materially deprive the other parties of their rights under the said Driveway and Parking
Easement, including but not limited to shared parking on Parcel 1 for the benefit of Lot 2 in
Parcel 2.
4. Improvements and Maintenance.
(a) Prior to November 1, 2003 the surface of the Driveway shall be improved
with a bituminous surface and other required improvements in conformity
with all applicable building codes of the City of Elgin. The initial cost of
installation and construction of the improvements shall be paid 50% by
A. Engelmann and L. Engelmann and 50% by the then recorded owner
of Lot 2 in Parcel 2 ("Lot 2 Owner"). Thereafter A. Engelmann and L.
Engelmann and the Lot 2 Owner shall be responsible for maintaining the
Driveway on the same 50%/50% percentage allocation, which
maintenance shall include, without limitation, all snow plowing, repair or
replacement of the bituminous surface of the Driveway, and making of
any and all changes or improvements required by any applicable
governmental body based upon the use of the Driveway by the parties
hereto.
(b) "Right of Recovery for Costs of Maintenance". If any of A. Engelmann,
L. Engelmann or the Lot 2 Owner fails to maintain the Driveway as
provided in the preceding Paragraph 4(a), then the other party or parties
shall have all available legal remedies to compel performance, including
reimbursement of reasonable attorneys' fees incurred in connection
therewith.
5. Appurtenant Nature of Driveway Easement. The Driveway and Parking
Easement created herein in favor of the parties hereto is to be held by said parties and their
successors, assigns and grantees as appurtenant to Parcels 1 and 2 and shall run with Parcels
1 and 2 forever, subject, however,to the termination provisions set forth in Paragraph 7 below.
6. Restriction on Use of Driveway Easement. The parties hereto shall use the
Driveway only for purposes incidental to the Driveway and Parking Easement described herein.
Further, none of the parties hereto or their Permitted Users shall make use of the Driveway in
such a way as to:
(a) Block, impede, park any vehicles or impair the use of Parcels 1 and 2 by
the owners thereof or their authorized agents; or
(b) Create any public or private nuisance or violate any laws, ordinances, or
regulations of any applicable governmental body, or otherwise injure the
reputation of Parcels 1 and 2.
7. Breach.
(a) In the event of a breach of any of the provisions hereof by a party hereto
or its Permitted Users, which breach is not cured within sixty (60) days
2
following written notice thereof to said party, or immediately upon the
giving a third notice in any consecutive twelve (12) month period of the
occurrence of a breach hereof by the party, the other parties hereto,
jointly or severally, shall have the right, at their election to procure an
order from any court of competent jurisdiction awarding the complaining
party damages incurred by reason of such breach and/or enjoining the
offending party from any further breach of this Agreement.
(b) The offending party shall pay to the complaining party all of the costs and
expenses of the complaining party, including reasonable attorney's fees,
incurred by the complaining party by reason of the breach hereof by the
offending party or in connection with the complaining party successfully
enforcing the provisions of this Agreement.
8. Indemnification. The parties hereto, for themselves and their successors and
assigns (collectively the"Indemnitors")do hereby agree to forever indemnify, defend and hold
each other and their heirs, successors and assigns (collectively the "Indemnitees") harmless
from and against any and all liability or expense (including reasonable attorney's fees) incurred
by Indemnitees and arising out of or in connection with any claim, demand, suit or other action
for any injury, loss or damage alleged to have occurred as a result of or arising in connection
with the use or enjoyment by the parties or their Permitted Users of the Driveway and Parking
Easement on Parcel 2. The parties shall at all times maintain with a reputable insurance
company licensed to do business in the State of Illinois a policy or policies of insurance insuring
against liability for personal injury or property damage having a combined single limit of
$1,000,000.00: such policy of insurance shall expressly name Indemnitees as additional
insureds and proof thereof(and of all renewals thereof) shall be deposited with Indemnitees.
9. Miscellaneous.
(a) The covenants and provisions contained herein shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs,
executors, successors, assigns and grantees.
(b) This Agreement constitutes the entire agreement of the parties with
respect to the creation of an easement on Parcel 1 and 2, all other and
prior agreements and understandings having been merged herein and
extinguished hereby.
(c) This Agreement shall be deemed to have been made and entered into in
the City of Elgin, Cook County, Illinois.
IN WITNESS WHEREOF, the parti h reto h ve ed their hands and seals
as of the date first set forth above.
An on F. Engelmann Timot chneider
e?-(44,-
Laurel A. Engelmann
3
iii ; _ -
State of Illinois
)SS.
County of Kane
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY
CERTIFY that Timothy Schneider, Anton F. Engelmann and Laurel A. Engelmann, 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, sealed and
delivered the said instrument as their free and voluntary act, for the uses and purposes therein
set forth, including the release and waiver of the right of homestead.
Given under my hand and notary seal, this I3 day of February, 2003.
isOWIrd Al Gam'
:s.� ,4 Public
l' ��OFFICIAL SEAL n, „ „,
MARGARET DRAFALL My commission expires if(cad
lb
Notary Public,State of Illinois ;
\ ,A. r,nmmission EOM 05/21/06 4
x,
THIS INSTRUMENT PREPARED BY:
Attorney Ralph C. Hardy
Ariano, Hardy, Nyuli, Johnson,
Richmond, Fleck, Goettel & Castillo, P.C.
474 Summit Street
Elgin, Illinois 60120
(847) 695-2400
PINS: 06-18-300-021-0000
06-18-300-019-0000
Issue and send tax to:
Anton F. and Laurel Ann Engelmann
932 E. Chicago Street
Elgin, IL 60120
4
- 00; 0289245 _
EXHIBIT 1
Lots 2, 3, 4 and 5 in Engelmann's First Addition to Flowerwood, being a Resubdivision
of part of Lot 11 of County Clerk's subdivision of part of the Southwest Quarter of Section 18,
Township 41 North, Range 9 East of the Third Principal Meridian, in the City of Elgin, Cook
County, Illinois.
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•
EXHIBIT 2
Lot 1 in Engelmann's First Addition to Flowerwood, being a Resubdivision of part of Lot 11 of
County Clerk's subdivision of part of the Southwest Quarter of Section 18, Township 41 North,
Range 9 East of the Third Principal Meridian, in the City of Elgin, Cook County, Illinois.
6
0030.7189245
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Exhibit 3
The East 15 feet of Lots 1 and 2 and the West 15 feet of Lot 5 in Engelmann's First Addition
to Flowerwood, being a Resubdivision of part of Lot 11 of County Clerk's subdivision of part of
the Southwest Quarter of Section 18, Township 41 North, Range 9 East of the Third Principal
Meridian, in the City of Elgin, Cook County, Illinois.
7