HomeMy WebLinkAbout74-0320 Singer Easement •
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GRANT OF PUBLIC WALKWAY EASEMENT
The Grantor, Charles Singer, his successors, heirs and assigns,
being the owner of the property hereinafter described, and in consideration of
the sure of Ten Dollars ($10.00) , receipt of which is hereby acknowledged, other
good and valuable consideration and the mutual promises and conditions set out
herein, do hereby grant and convey to the City of Elgin, a municipal corporation
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of Illinois, its successors and assigns, as grantee, a perpetual easement for
the purpose of constructing, using and maintaining a public walkway easement over
and across the property located in Elgin, Kane County, Illinois, described as
follows (the easement parcel) and subject to the eni.mierated covenants and condi-
tions set out below.
That part of the Southeast Quarter of Section 14, Township 41
North, Range 8 East of the Third Principal Meridian described as
follows: The Westerly 7 feet of the Southerly 33 feet of Lot 10,
Block 21 of J. T. Gifford's Plat of the City of Elgin. Being
situated in Elgin Township, Kane County, Illinois.
1. As long as this easement grant remains in effect, it shall be the
sole duty and responsibility of the City of Elgin to maintain in safe condition
and good repair the public walkway to be constructed on the easement parcel, and
the City of Elgin shall indemnify, hold harmless, and defend the Grantor or
his transferees, heirs, successors, or assigns from any and all liability or
claims resulting from the City of Elgin's use of the easement parcel or the
failure of the City of Elgin to properly maintain and repair said public walkway.
2. It is understood and agreed by the Grantor and Grantee hereunder
that this grant is to be considered an easement in gross and further that the
easement granted hereby shall be used by the City of Elgin for the sole purposes
• of constructing, using and maintaining a public walkway. In the event the
City of Elgin should cease or fail to construct, maintain or enjoy the easement
parcel for the purposes herein set forth, then the easement granted hereby shall
terminate; provided that written notice and a reasonable opportunity to cure apy
defect have been given.
3. It is further understood and agreed by the parties hereto that this
grant of easement may be terminated and declared null and void as to all or part
of the easement parcel in the event Grantor desires to corrmence construction
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of a building or other improvement upon the easement parcel and upon written '
petition to and approval of Grantee, its successors and assigns.
4. It is further agreed that this grant of easement shall enure to the
benefit of and be binding on the heirs, successors, and assigns of the parties.
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5. In the event that the easement granted hereby shall terminate or
oe terminated pursuant to the provisions of paragraph 2 or 3 of this grant, the
City of Elgin covenants and agrees to execute and deliver a release in recordable •
form as may be necessary or required to evidence such termination of record.
For convenience such instrument of release may run to "the owner or owners and
parties interested" in the Easement Parcel.
IN WITNESS WHEREOF, THE GRANTOR Sets his hand hereto this/' 't'e day of
X V 61.(—e e4N , 1974. •
pCharles Singer
OF ILLINOIS )
C -I i Y OF KANE )
I, the undersigned, a Notary Public in and for the said County and
State aforesaid, do hereby certify that Charles Singer, personally known to
to be the same person whose name is subscribed to the foregoing instrument,
__ eared before me this day in person and acknowledged that he signed, sealed
delivered this instrument as his free and voluntary act for the uses and
roses thereon set forth. •
Given under ry hand and notarial seal this ' day of j.26 1.
/ F
r//
Notary Pub lc
=gin AND ACCEPTED this
day of , 1974:
OF ELGIN, KANE COUNTY, ILLINOIS
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leo 1. Nelson, City Manager
City Clerk
This document prepared by:
Russell H. Boothe
City of Elgin
150 Dexter Court
. Elgin, IL 60120
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