0003 Avampato recordedJohn C. Avampato and
Thelma Avampato
384 -86 East Chicago Street
Elgin, Illinois 60120
Project: Chicago Street Rehabilitation
Route: Chicago Street (FAU 1321),
from Center Street to IL 25
County: Kane
Job No: R -55- 001 -97
Parcel: 0003TE
P.I.N. 06 -13 -182 -017 and
06 -13- 182 -018
Section: 12- 00183 -00 -PV
2018KO02750
SANDY WEGMAN
RECORDER - KANE COUNTY, IL
RECORDED: 1/17/2018 3:35 PM
REC FEE: 47.00
PAGES: 4
TEMPORARY CONSTRUCTION EASEMENT
John C. Avampato and Thelma Avampato, husband and wife (collectively referred
to as the "Grantor "), of the County of Kane and State of Illinois, for and in consideration Three
Hundred Dollars ($300.00) in hand paid, and other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, hereby represents that Grantor owns fee simple
title to and grants and conveys to the Grantee of Elgin, an Illinois municipal corporation (the
"Grantee "), a temporary construction easement for the purpose of sidewalk reconstruction and
other highway purposes, on, over, within, under, along, across, and through the following
described real estate:
SEE ATTACHED LEGAL DESCRIPTION
situated in the County of Kane, State of Illinois. The above - described real estate and
improvements located thereon are herein referred to as the "Premises."
The right, easement, and privilege granted herein shall terminate three (3) years
from the date on which construction of the proposed project is commenced on the Premises, or on
the completion date of the proposed project, whichever is sooner.
Grantor shall have and retain all rights to use and occupy the premises and to access
Grantor's remaining property, except as otherwise herein expressly granted; provided, however,
that Grantor's use and occupation of the Premises may not interfere with Grantee's use of the
Premises for the purposes herein described.
Grantor, without limiting the interest above granted and conveyed, acknowledges
that upon payment of the agreed consideration, all claims arising out of the above acquisition have
been settled, including, without limitation, any diminution of value to the remaining property of
the Grantor caused by the opening, improving, and utilization of the premises for highway
purposes. This acknowledgement does not waive any claim for trespass or negligence against the
Grantee or Grantee's agents which may cause damage to the Grantor's remaining property.
This grant shall constitute a covenant, which runs with the land, and shall be
binding upon the legal representatives, successors, and assigns of Grantor.
That following the exercise by the Grantee of any easement rights granted herein,
the Grantee shall promptly repair and restore the Premises to the same condition as existed
immediately prior to the existence of such rights as is reasonably practicable, and shall leave the
Premises and surrounding premises free from debris.
That the Grantee for itself, its agents and independent contractors, hereby agrees to
indemnify and hold the Grantor and its successors harmless from third party claims for personal
injuries or property damage arising directly as a result of the Grantee's work in the Premises during
construction or during any subsequent maintenance or repair thereof. The Grantee further agrees
to indemnify and hold harmless the Grantor from any and all liens placed against the Premises
arising from said construction activities.
That no amendment, revision or modification hereof shall be effective unless it is
in writing and signed by all parties hereto.
That this Temporary Construction Easement agreement constitutes the entire
agreement between the parties and is intended as a complete and exclusive statement of the terms
of the parties agreement, and it supersedes all prior and concurrent promises, representations,
proposals, negotiations, discussions and agreements that may have been made in connection with
the subject matter hereof.
That this agreement shall be governed by and construed in accordance with the laws
of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights
pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. This agreement
may be signed in counterparts, each of which shall be deemed an original and all of which when
taken together shall constitute one instrument.
That the Grantee may utilize the services of third party contractors, employees or
other agents to perform work on the Premises.
That the Grantor hereby represents and warrants to the Grantee that it is the fee
simple title holder of the Premises and that it has the full power and authority to enter into and
make the grant of easement as provided herein.
That this agreement shall be recorded by the Grantee at the Grantee's cost with the
Kane County Recorder.
SIGNATURE PAGE FOLLOWS
-2-
IN WITNESS WHEREOF, the parties have entered into and executed this
Temporary Construction Easement agreement on this g?2— day of Ale)
2017.
CITY OF ELGIN:
By:
City Manager
Attest:,
Cit Clerk '
STATE OF /� )
COUNTY OF SS.
OWNER:
By:
John C. Avampato
By:
Thelma Avampato
I, the undersigned, a Notary Public, in and for said County, in the State aforesaid,
do hereby certify that John C. Avampato and Thelma Avampato, are 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 and delivered the said instrument as their
free and voluntary act of the uses and purposes therein set forth.
Given under my hand an official seal, this �78 day of Ak VCyyijgi� , 2017.
This Instrument Prepared
by and Return After
Recording to:
Christopher J. Beck
City of Elgin
Legal Department
150 Dexter Court
Elgin IL 60120 -5555
�2/ - +' .
Notary Public
-3-
Route:
Chicago Street
Section:
County:
Kane
Job No.:
R -55- 001 -97
Parcel:
0003TE
Station:
108 +20.96 to 108 +91.06
Index No.:
06 -13- 182 -017
06 -13- 182 -018
That part of Lots 12 and 13 in Burgess Truesdell's Addition to Elgin, recorded August 21, 1850 in
Book R19, Page 33, being a subdivision of the Northwest Quarter of Section 13, Township 41
North, Range 8 East of the Third Principal Meridian, in Kane County, Illinois, bearings and
distances based on the Illinois State Plane Coordinate System East Zone, NAD 83 (2011
adjustment), with a combined factor of 0.99994388 described as follows:
Beginning at the southeast corner of said Lot 12; thence North 89 degrees 39 minutes 07 seconds West
along the south line of said Lots 12 and 13, 70.08 feet; thence North 00 degrees 05 minutes 05 seconds
West, 5.80 feet; thence South 89 degrees 46 minutes 10 seconds East, 70.09 feet to the east line of said
Lot 12; thence South 00 degrees 05 minutes 21 seconds East, along said east line, 5.95 feet to the point
of beginning.
Said parcel containing 0.009 acres, (411 square feet), more or less.
G' \Public \Elgih\ 0111EG1104 Chicago Street Rehabilhatlonland Acquisition \Legal Deschptlons\00D3TE -do,