HomeMy WebLinkAbout77-1031 Mote's Subdiv Easement Recorded C ',
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RECOROZR'OF-DE£JS
GRANT AND AGREEMENT FOR EASEMENT
AND RIGHT OF WAY FOR ACCESS
THIS AGREEMENT, is made this 3 k day of C''(_k l.<--. ' ,___) ,
1977, among JAMES E. and DOROTHY E. CHASE, husband and wife,
KENNETH H. MENKE, a widower, JOHN W. and THELMA B. SHESLER,
husband and wife, LARRY K. and JO ANN K. OPIE, husband and wife,
ROBERT S. and JEANETTA L. HALL, husband and wife, and VECCHIO LAND
CORPORATION, an Illinois corporation, (sometimes collectively referred to
hereinafter as the "Landowners" or the "Grantors"), and the CITY OF ELGIN,
a Municipal Corporation (referred to hereinafter as the "City").
WITNESSETH:
WHEREAS, Grantors are the owners of those six (6) contiguous parcels
of real estate in the City of Elgin, Kane County, Illinois, as set forth in
Exhibit "A" attached hereto which six lots shall sometimes hereinafter be
individually referred to as "Lot 1", "Lot 2", "Lot 3", "Lot 4", "Lot 5", or
"Lot 6" or collectively referred to as the "Subdivision"); and
WHEREAS, prior hereto there has exiTel and been used as such a
certain system of sewage soil pipes (the "Subdivision Sewage System") on
and across Lots 1 to 6, inclusive, in the Subdivision, for the benefit of all
of the Lots therein; and
WHEREAS, the precise location of the various pipes comprising the
Subdivision Sewage System is not a matter of public record and is, for the
most part, unknown to the parties hereto; and
WHEREAS, it is, however, known by the parties hereto that prior
to 1976, the Subdivision Sewage System ran from the westerly edge of Lot 6
easterly to a certain catch-basin ("Basin Number 1") located on Lot 6; and
thence again easterly from said Basin Number 1 to a second catch-basin
("Basin Number 2") located on an easement of the City on the right-of-way
of the Chicago and Northwestern Railway Company; and thence southerly from
said Basin Number 2 along and on said Railroad right-of-way to a catch-basin
located in Walnut Avenue ("Basin Number 3"); and thence into the public sewers
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1431 903 - / 2 ,/
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of the City; and
WHEREAS, in 1976, the Owner of Lot 6, altered the grade of a portion
of the Subdivision Sewage System by installing an "L-shaped vertical drop in
the sewage line at a point approximately where said Subdivision Sewage System
line crosses the westerly line of Lot 6, and then constructed a concrete and
frame structure over Basin Number 1 and over a majority of that portion of
the Subdivision Sewage System that runs across Lot 6; and
WHEREAS, the Grantors and the City desire that a public record be
made of the Subdivision Sewage System and that the Grantors, their heirs,
successors and assigns be assured of the continuous use of said Subdivision
Sewage System in the future;
NOW, THEREFORE, in consideration of the mutual agreements contained
herein and of the mutual undertakings by the Landowners and the City, it is
agreed as follows:
1. GRANT OF EASEMENT. Grantors hereby grant to each other,
jointly and individually, an easement and right to use, maintain and repair, the
Subdivision Sewage System under and through their respective Lots in the Sub-
division.
2. DUTY OF CITY. It is agreed that the City shall periodically
inspect the Subdivision Sewage System and shall, in the first instance, perform
and make all necessary maintenance and repairs to the same. It is further
agreed that the City shall allocate and charge any costs or expenses incurred
by it in making or performing such maintenance and repairs, to and among the
Grantors in the manner and to the extent prescribed in paragraphs 3 and 4
hereafter. Notwithstanding anything herein to the contrary, only if the City
unreasonably refuses to dispatch, or unreasonably delays in dispatching, its
duties as set forth in the first part of this paragraph 2 shall any or all of the
Landowners, jointly or individually, have the right to themselves to undertake
such maintenance and repairs and to allocate and charge his (their) costs and
expenses incurred therein among the Landowners as prescribed hereafter in
paragraphs 3 and 4.
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1431903 :;?-
3. ALLOCATION OF COST OF MAINTENANCE AMONG LANDOWNERS.
All Landowners except the Landowners of Lot 6 shall be equally responsible
for the cost of all maintenance and repairs to any portion of the Subdivision
Sewage System other than as provided in paragraph 4.
4. ALLOCATION OF CERTAIN COSTS TO OWNER OF LOT 6.
Notwithstanding anything in paragraph 3 above, to the contrary, it is expressly
agreed that the Landowner(s) of Lot 6 shall be solely responsible for and
chargeable with the cost of structural repairs, alteration and/or relocation
to or of that portion of the Subdivision Sewage System lying between (and including)
the aforementioned L-shaped vertical drop in said sewage line located near the
westerly line of Lot 6, and Basin Number 2, inclusive, and for the cost of other
maintenance and repairs, including the removal of any obstructions or clogs
which result from the alteration of the original grade of said sewage line by
Vecchio Land Corporation. Furthermore, the Landowner(s) of Lot 6 shall
be solely responsible for and chargeable with any and all costs and expenses
directly related to the removal of all or any portion of the structures or
materials (including buildings, machinery, inventory, etc. ) on Lot 6, where
such removal is reasonably necessary for the repair, maintenance, alteration,
or relocation of any portion of the Subdivision Sewage System or for the removal
of any clog or obstruction therein, ,regardless of its cause or location and
irrespective of whether the Landowners of Lot 6 are thereby benefitted.
Furthermore, the Landowner(s) of Lot 6 shall immediately upon the execution
hereof at his (their) sole cost and responsibility install cast iron sewer pipe
upon and under Lot 6 and make any repairs, alterations, or installations at
or near the westerly property line of Lot 6 in connection with the L-shaped
vertical drop, all as may be determined by the Director of Public Works of
the City of Elgin.
5. GRANT OF RIGHT-OF-WAY FOR ACCESS: LIQUIDATED DAMAGES.
Grantors hereby grant to the City, in the first instance, and to each other,
jointly and individually, a right-of-way for access, ingress and egress to
and from their respective Lots, without the need for prior notification or
Page 3 of 6
1431900
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consent, for the purpose of inspecting, maintaining and repairing, all or any
portion of the Subdivision Sewage System pursuant to this Agreement. It is
acknowledged by the parties hereto that a breach by any one or more Landowners
of the covenant contained in this paragraph 5 might result in the loss of use of
the Subdivision Sewage System to the other Landowners, and that the damages
arising from said loss of use would be difficult, if not impossible, to measure.
Therefore, it is agreed that any Landowner who breaches the"aforesaid right of
way for access, ingress and egress and thereby extend the number of days in
which other Landowners are without substantial use of the Subdivision Sewage
System, shall be liable to each of such non-breaching Landowners in the amount
of $100. 00 per day, as liquidated damages, or for such greater actual damages
as such non-breaching Landowners are able to prove.
6. LITIGATION. It is expressly agreed that in any judicial
proceeding between the parties hereto brought or commenced to enforce or
construe any of the covenants or provisions hereof, the party or parties pre-
vailing in such judicial proceeding shall be entitled to recover his (their) costs
of suit and other expenses (including reasonable attorney's fees) from the non-
prevailing party or parties; however no costs or expenses shall be chargeable
to City.
7. LIENS. Any party who incurs costs or expenses in connection
with any maintenance and repair of any part of the Subdivision Sewage System
performed by him pursuant to and in compliance with this Agreement shall be
entitled to file and maintain a lien against the Lot of each Landowner for the
portion of said costs and/or expenses which are properly allocable to and
payable by each such Landowner under the provisions of paragraphs 3 and 4
of this Agreement.
8. APPURTENANT NATURE OF EASEMENTS. The easements
granted herein by Grantors to each other shall be used by the Grantees, their
heirs, successors and assigns forever, as appurtenant to the respective Lots
comprising the Subdivision and shall run with the Lots in said Subdivision.
Page 4 of 6
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1431003
9. MISCELLANEOUS.
(a) To the extent they are inconsistent, this Agreement
shall supercede and replace the Agreement for Easement
dated May 11, 1957 and recorded in the office of the
Recorder of Deeds of Kane County, Illinois, on May 28,
1957 as document number 835355 in Book 1848, page 24.
(b) The invalidity of any provision of this Agreement shall
not impair or otherwise adversely affect the validity of
any other provision, and the remainder of this Agreement
shall be deemed to constitute the entire agreement among
the parties.
(c) This Agreement shall be binding upon or inure to the benefit
of the parties hereto and their respective heirs, legal
representatives, successors, assigns, or grantees.
(d) The City warrants that it has been duly authorized by
resolution of its City Council to execute and enter into
this Agreement, and that it has delivered to the Grantors
a true and correct copy of the aforementioned resolution.
(e) Statements for all materials or labor furnished by City shall
be mailed to Grantors by City sixty (60) days after materials
or labor is provided by City. $ CWeilt ;X
XxxxxxxxXxxxxxxxxXxxXXWXXXXXXxXXXXXXXXXXXXXXXXXXPayment
for materials and labor shall be the joint and several responsi-
bility of the Grantors, their heirs, successors and .signs.
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�'.-s . ase
1. /1
uor)thy E. -se
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Kenneth H. Menke
o n W. ester
o1.- 17/ia-,e G�Q.
Thelma B. Shesie
92-24.e.
Larry . Upie
Owlet
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J Upie Ok"-
Page 5 of 6
1431903
obert S. Hall
= etta . 'a
°ATTE5 : 0I"ecchio Lana Corporation
,, c retary . 'res ent•
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CITY OF ELGIN
By: _ L►
ATTEST: $ •ity anag: r
By: ki � --�
City C: erk
Acknowledgments attached
Page 6 of 6
1 401. 000
ACKNOWLEDGMENTS
STATE OF ILLINOIS )
) SS.
COTSNTYOFKANE )
I, the undersigned, a Notary Public in and for said County,
in the State aforesaid, do hereby certify that JAMES E. CHASE AND
DOROTHY E. CHASE, his wife, personally' known to me to be the same per-
ssop whose names are subscribed to the foregoing instrument, appeared
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,:,bef'tsre•<"rpe this day in person, and acknowledged that they signed, sealed
e 'yered the said instrument as their free and voluntary acts, for
,t e u
116
sand purposes r n et forth. Given under my hand and official
, ea
rs , -cfsliis.1 day of / _ . 'L 1977.
Notary Public
STATE OF ILLINOIS )
) SS .
COUNTYOFKANE )
I, the undersigned, a Notary Public in and for said County,
in the State aforesaid, do hereby certify that KENNETH H. MENKE, per-
sonally known to me to be the same person whose name is subscribed to
; (the.toresoing instrument, appeared before me this day in person, and
.:.• ‹-a6kielOedoed that he signed, sealed and delivered the said instrument
5srhis free and voluntary act, for the uses and purpose therei' j
'forth. Given under my hand and offi ial seal, thisZZAo •a o '�� ,
Notary Puelic
STATE OF ILLINOIS )
) SS .
COIJNTYOFKANE )
I, the undersigned, a Notary Public in and for said County,
in the State aforesaid, do hereby certify that JOHN W. SHESLER and
THELMA B. SHESLER, his wife, personally known to me to be the same per-
sonst_whose names are subscribed to the foregoing instrument, appeared
'. befo 'el.me this day in person, and acknowledged that they signed, sealed
a•Rd, de'l1ivered the said instrument as their free and voluntary acts , for
pu poses ti -r= i / set forth. Given under m . d and official
Poealb(:t its 2Z ay of > >i�'' , 977 .
- Notary Public
STATE OF ILLINOIS )
) SS
COUNTY OF KANE )
I, thefundersigned, a Notary Public in and for said County,
in the State aforesaid, do hereby certify that LARRY K. OPIE and
JO ANN K. OPIE, his wife, personally known to me to be the same per-
sons whose names are subscribed to the foregoing instrument, appeared
before me this day in person, and acknowledged that they signed, sealed
1401000 7
an delivered the said instrument as the 'r free and voluntary acts , for
-j <�� e.`uses and purposes t erein set o - �y, Given under my hand and
,o igf'a , seal, thisiZ day of /, ' /1" , 1977.
.tary Public
STATE OF ILLINOIS )
) SS .
COUNTYOFKANE )
I, the undersigned, a Notary Public in and for said County,
in the State aforesaid, do hereby certify that ROBERT. S . HALL and
JEANETTA L. HALL, his wife, personally known to me to be the same per-
srQn whose names are subscribed to the foregoing instrument appeared
.4S6fo*Iiiif this day in person, and acknowledged that they signed, sealed
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and de.l Bred the said instrument as their free and voluntary acts , for
r rY �
kCth�` tikes andpu��r��oses thereiorth. Given under - .n. and official
sr51,,Cts s 7-Z4(40(._ day of � � , 1977 . ..,
(71 4
, ! Notary Public
STATE OF ILLINOIS )
• ) SS.
COUNTY OF )
I, the undersigned, a Notary Public in and for said County,
in the State aforesaid, do hereby certify, that BARRY VECCHIO, President
and SANDRA VECCHIO, Secretary of VECCHIO LAND CORPORATION, an Illinois
corporation, who are personally known to me to be the same persons whose
names are subscribed to the foregoing instrument as such President and
Secretary, appeared before me this day in person and severally acknowl-
edged that they signed, sealed and delivered the said instrument of
writing of the said corporation for the uses and purposes therein set
forth, pursuant to authority given by the Board of Directors of said
corporation and caused the corporate seal of said corporation to be
thereto attached. Given under my hand and official seal this cv
day of jc/ J i-- , 1977 .
0.47--/C212L-v
: c Notary Public
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1431500
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STATE OF ILLINOIS )
) SS
COUNTY OF K A N E )
I, the undersigned, a Notary Public, in and for the County and
ate aforesaid, DO HEREBY CERTIFY, that LEO I. NELSON, personlly Lnovu
to r.:c to be the City Iviallager of the City of Elgin, and MARIE YE2JMN,
personally known to me to be the City Clerk of the City of Elgin, and
personally hno-vn to me to be the same persons whose names RTC subscribed
to the foregoing instra-dent, appeared before me this day in person and
severally acknowledged that as such City ilanager and City Clerk, they
signed said instrument as such City Manger and City Clerk, and caused
the cororato seal of said corporation to be affixed thereto, pursuant
to authority, given by the City Council of the City of Elgin, as their
free and voluntz,ry act, and as the free and voluntary art and deed of
the City of Elgin, for th-: uses and purposes therein set forth. Given
under my hand and official seal this al day of October, 1977.
Notary Fuolic
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1 4 3 1 9 0 0
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EXHIBIT A •
TO GRANT AND AGREEMENT FOR EASEMENT
AND RIGHT OF WAY FOR ACCESS
Schedule of property owners and legal descriptions :
1. James E. Chase and Dorothy E. Chase, his wife •
Lot 1 of Mote' s Subdivision, being a Resubdivision
of Lot 16 in B. W. Raymond' s Second Addition to
Elgin, in the City of Elgin, Kane County, Illinois .
2 . Kenneth Menke, a widower
Lot 2 of Mote ' s Subdivision, being a Resubdivision
of Lot 16 in B. W. Raymond' s Second Addition to
Elgin, in the City of Elgin, Kane County, Illinois .
3. John W. Shesler and Thelma B. Shesler, his wife
Lot 3 of Mote' s Subdivision, being a Resubdivision
of Lot 16 in B. W. Raymond' s Second Addition to
Elgin, in the City of Elgin, Kane County, Illinois .
4. Larry K. Opie and JoAnn K. Opie, his wife
Lot 4 of Mote ' s Subdivision, being a Resubdivision
of Lot 16 in B. W. Raymond' s Second Addition to
Elgin, in the City of Elgin, Kane County, Illinois .
5. Robert S . Hall and Jeanetta L. Hall, his wife
Lot 5 of Mote' s Subdivision, being a Resubdivision
of Lot 16 in B. W. Raymond' s Second Addition to
Elgin, in the City of Elgin, Kane County, Illinois .
Vecchio Land Corporation, an Illinois corporation
All of Lot 6 of Mote ' s Subdivision, being a Resubdivision
of Lot 16 in B. W. Raymond' s Second Addition to
Elgin, in the City of Elgin, Kane County, Illinois .
Prepared by: Mark Muscarello
707-B Davis Rd.
Elgin, Illinois 60120
1431900
PA-i-orn -11)
WOTAN eMli• CRISANTI & YOUNG, P.C.
•TTORNEYS AT LAW
707.6 DAVIS ROAD
ELGIN, ILLINOIS 60120
cZ3 TELE: 312.695.7200
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