HomeMy WebLinkAbout75-0411 Schoonhoven Easement 0411
GRANT OF PUBLIC WALKWAY EASEMENT
The Grantors, Ray James Schoonhoven, Fern R. Schoonhoven
Miller, and Rosina M. Schoonhoven White, each to an undivided
1/3 interest, their successors, heirs and assigns, being the
owners of the property hereinafter described, and in consideration
of the sum of Ten Dollars ($10.00) , receipt ot 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 of
Illinois, its successors and assigns, as grantee, an 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 enumerated covenants and conditions set out
below.
That part ot 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 Northerly 22 feet of the Southerly 44 feet of
Lot 8, in Block 21 of the original Town of Elgin on
the East side of Fox River, in the City of Elgin, 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 Grantors or their
transferees, heirs, successors, or assigns from any and all
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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 Grantors 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 ease-
ment granted hereby shall terminate; provided that written notice
and a reasonable opportunity to cure any defect have been given.
3. it is further understood and agreed by the parties hereto
that at the election of Grantors, their successors, heirs or
assigns and upon 30 days notice from Grantors, their successors,
heirs or assigns, to Grantee, this grant of easement shall auto-
matically terminate and be null and void as to all or part of the
easement parcel in the event Grantors desire to commence con-
struction of a building or other improvement upon the easement
parcel.
4. It is further agreed that this agreement shall enure to
the benefit of and be binding on the heirs, successors, and assigns
of the parties.
5. In the event that the easement granted hereby shall
terminate or be terminated pursuant to the provisions of paragraph
2 or 3 of this grant, the City of Elgin covenants and agrees to
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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 GRANTORS set their hands hereto
this ////fry day of � _ 1975.
La-1-11 l.. 4 ,/,► 74
Ray amen Schoonhoven S/��*
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Fern R. Schoonhoven Miller
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Rosina M. Schoonhoven White
STATE OF INDIANA )
) SS
COUNTY OF ELKHART )
I, the undersigned, a Notary Public in and for the said
County and State aforesaid, do hereby certify that Fern R.
Schoonhoven Miller and Rosina M. Schoonhoven White, personally
known to me to be the same persons whose names are subscribed to
the foregoing instrument, appears before me this day in person and
acknowledged that they signed, sealed and delivered this instrument
as their free and voluntary act for the uses and purposes thereon
set forth.
Given under my hand and notarial seal this / .‘� � dayof
, 1975.
Notary Public
` C,ery?1,77 uac.o-r` G 7 .L f 7e.
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STATE OF ILLINOIS )
SS
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for the said
County and State aforesaid, do heresy certify that Ray James
Schoonhoven personally known to me to be the same person whose
name is subscribed to the foregoing instrument, appeared before
me this day in person and acknowledged that he signed, sealed
and delivered this instrument as his free and voluntary act for
the uses and purposes thereon set forth.
Given under my hand and notarial seal this day of
, 1975.
Notary Public
This Grant of Public Walkway
Easement, consisting of 4 pages
is AGREED AND ACCEPTED this
day of , 1975;
CITY OF ELGIN, KANE COUNTY, ILLINOIS
By
Leo I. Nelson, City Manager
Attest:
City Clerk
This Document Prepared by:
Russell H. Boothe
Assistant Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120