HomeMy WebLinkAbout75-0430 Rifken Easement 75- 0430 P J FK e )
GRANT OF PUBLIC WALKWAY EASEMENT
The Grantors, Louis L. Rifken and Merrian L. Rifken, not as joint
tenants but as tenants in common, to an undivided 1/2 interest and Martin
Krasnick and Evelyn Krasnick;: his wife, as tenants in common, to an undivided
1/2 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.
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 25 feet of the
Northerly 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 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 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
any defect have been given.
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3 . It is further understood and agreed that this Grant of Public
Walkway Easement may be terminated and declared 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, 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 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
D7/ day of a� , 1975 .
/PGL
is L. Rifken
Merrian L. Rifken
tiOt41
Martin Krasnick
7'-et-ce4"'"*.-c4")
Evelyn Kr snick
STATE OF ILLINOIS )
) SS .
COUNTY OF KANE )
I, the undersigned, a Notary Public in and for the said County and
State aforesaid , do hereby certify that Louis L. Rifken and Merrian L. Rifken ,
and Martin Krasnick and Evelyn Krasnick , 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 this instrument as their free and voluntary act for the uses and
purposes thereon set forth.
S
Given under my hand and notarial seal this 3 , day of ,
1975.
� • moo?/
Notary Publi
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:
Fussell H. Boothe
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
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