HomeMy WebLinkAbout75-0429 Krasnick Easement . -75- oLaq
Krasnic K.
GRANT OF PUBLIC WALKWAY EASEMENT
The Grantors, Martin Krasnick, to an undivided 1/3 interest and
Evelyn Krasnick (also sometimes known as Evelyn Raffelson Krasnick) , to
an undivided 2/3 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 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 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
enumerated covenants and conditions set out below.
The Northerly 21.5 feet of the Southerly 44 feet of
Lot 9 (except that part thereof lying Westerly of the
Easterly line of Riverside Avenue) 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 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 here-
under 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 that this
Grant of Public Walkway Easement may be terminated and -'.eclared
null and void as to all or part of the easement parcel in the
event that the grantors, their assigns, or their prospective
buyers desire to commence construction of a building or other
improvement upon the easement parcel.
4. It is further agreed that this grant of easement
shall enure to the benefit of and be binding on the heirs, suc-
cessors, and assigns of the parties.
5. In the event tat 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
execute and deliver a release in recordable form as may be neces-
sary 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, `flf. GRANTORS set their hands hereto
�
this �- �L day of 1 L, , 1975.
Ai44z / 14(,<Lfrpeoel
Martin Krasnick
!Wely n eGa spk
STATE OF ILLINOIS )
) SS.
COUNTY OF KAN i; )
I, the undersigned, a Notary Public in and for the said
County and State aforesaid, do hereby certify that Martin Krasnick
and Evelyn Krasnick, personally known to me to he the same persons
whose names are subscribed to te foregoing instrument, appeared
•
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 t rl s /.I- day of
1975.
.71;4/1.
Not�ry Public
AGREED AND ACCEPTED this
day of , 1975:
CITY OF ELGIN, KAN COUNTY, ILLINOIS
By
Leo I. Nelson, City Manager
Attest:
City Clerk
This document prepared by:
Russell H. Boothe
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Page 3 or 3