HomeMy WebLinkAbout74-1220 Easement First National Bank `f ►a Noho a ianr
EASEMENT GRANT
THIS GRANT OF EASEMENT, Made this Twentifth DAY OF December
A.D. 1974, from THE FIRST NATIONAL BANK OF ELGIN, as Trustee under
Trust Agreement dated October 1, 1968, and known as Trust No. 1831,
hereinafter referred to as "grantor", to the CITY OF ELGIN, a
municipal corporation organized and existing under the laws of the
State of Illinois , hereinafter referred to as "grantee".
W I T N E S SETH THA T:
WHEREAS, the grantee is desirous of maintaining, repairing,
improving, cleaning and dredging a certain creek bed which creek
bed adjoins the western boundary of property owned by grantor, and
WHEREAS, the grantee needs access to grantor ' s land in order
to use the equipment necessary to fulfill the above desired ob-
jectives , and
WHEREAS, the grantor is willing to grant a perpetual easement,
right, privilege and authority to grantee upon the terms and con-
ditions herein set forth,
NOW, THEREFORE, in consideration of the sum of TEN DOLLARS and
other valuable considerations in hand paid by the grantee to grantor ,
the receipt of which is hereby acknowledged , and the covenants and
conditions hereinafter contained , the grantor does hereby bargain,
Prepared by Atty Leo M. Flanagan, Jr . ,P.O. Box 687 ,E1gin,I11 . 60120
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sell, grant, transfer and convey to grantee, its successors and
assigns , the perpetual easement of ingress and egress over the
property described as "The Westerly 25 feet of a parcel of
property described as Lot 9 , 10 and 12 Lord ' s Park Terrace , being
a subdivision of part of Lot 16 of the County Clerk' s Sub-
division in the Southwest quarter of Section 18, Township 41
North, Range 9 , East of the Third Principal Meridian, accord-
ing to the plat thereof recorded on July 16, 1965 as Document
No . 19529213, City of Elgin, Hanover Township, Cook County,
Illinois ; and also, that part of Lot 11 in Lord ' s Park Terrace
aforesaid, described as follows : commencing at the Northwest
corner of Lot 9 in said subdivision for a point of beginning;
thence Southerly along the Westerly line of said Lot 9 , 30 .0
feet to an angle point in said line; thence southerly along
the Westerly lines of Lots 9 and 12 a distance of 125 . 62 feet
to the Southwest corner of said Lot 12(being also the South-
east corner of Lot 11 in said subdivision) ; thence Northwest-
erly along the Southerly line of said Lot 11, a distance of
14 .85 feet ; thence Northerly along a line parallel with the
Westerly line of said Lot 12 and said line extended , 150 .58
feet to a point lying 16.4 feet West '(as measured on the North
line of Lot 9 extended) from the Northwest corner of said Lot
9 ; thence East along the said North line extended , 16.4 feet
to the point of beginning, in the City of Elgin , Cook County,
Illinois ,'
for the use of the grantee in fulfilling the objectives previously
described .
In further consideration of the grant of the perpetual ease-
ment, the grantee acknowledges that there are existing utility
easements over a portion of the easement herein granted and the
grantee expressly assumes all responsibility for, and shall save
and keep harmless the grantor against any loss , damage, cost or
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expense which it may suffer .
Grantee expressly assumes all responsibility for , and shall
save and keep harmless the grantor against any loss, damage, cost
or expense which it may suffer, incur or sustain, or for which it
might become liable growing out of any injury to or death of
persons , or loss , or damage to property, arising out of or caused
in the performance of any work done by or under the authority of
grantee by virtue of the rights granted herein. In the event of
the bringing of any action, suit or suits, against grantor growing
out of any such loss , damage, cost or expense, and as a prerequisite
to any recovery therefor from the grantee, grantor shall give
written notice to the grantee of the commencement of such action ,
suit or suits, and thereafter grantee shall be entitled to assume
the defense thereof. Grantee shall save and keep harmless grantor
from any claims for mechanics ' liens by reason of any construction
work, repairs , replacements , or other work, or for any improvements
made or placed upon or to the easement by grantee.
The rights and obligations of grantor and grantee respectively
hereunder shall inure to the benefit of and be binding upon their
respective successors and assigns, and all terms, conditions , and
covenants herein shall be construed as covenants , running with the
land .
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The grantor expressly reserves the right to use the surface
of said real estate, it being understood, however, that grantor
may not construct a building or buildings or other structures
over improvements upon said easement except with the express approval
of the grantee .
IN WITNESS WHEREOF, the duly authorized officers of the
within parties have hereunto set their hands and seals the day
and year first above written .
THE FIRST NATIONAL BANK OF ELGIN
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t .a By (SEAL)
its TRu OFRCER
duly authorized
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CIT OF ELGIN
By vti , (SEAL)
City Manager 1
its ti
duly authorized
By / )) GL 2� -2 e.e . ? SEAL)
its
duly authorized
By (SEAL)
its
duly authorized
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STATE OF ILLINOIS )
) ss . Elgin December 20 , A.D. 1974
COUNTY OF K A N E )
Personally appeared, BARRY K. DANIELSON and MARVIN C . WIENKE ,
duly authorized officers of THE FIRST NATIONAL BANK OF ELGIN, and
as such signers and sealers of the foregoing Easement Grant
acknowledged the same to be their and its free act and deed,
before me .
Notary Public
STATE OF ILLINOIS )
) ss . Elgin March 20, A.D . 1975
COUNTY OF K A N E )
Personally appeared, Leo I . Nelson, City Manager and
Margaret A. Glink, City Clerk , duly authorized
officers of THE CITY OF ELGIN, and as such signers and sealers of
the foregoing Easement Grant acknowledged the same to be their and
its free act and deed, before me .
c\Cx:\f\_.eA G _ C^`Qtiv u�
X1 Notary Public
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