0012 Swanson recordedH. Lee Swanson and
Linda M. Swanson
460 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:
0012TE
P.I.N.
06 -13- 259 -007
Section:
12- 00183 -00 -PV
2018KO02763
SANDY WEGMAN
RECORDER - KANE COUNTY, IL
RECORDED: 1/17/2018 3:47 PM
REC FEE: 47.00
PAGES: 4
TEMPORARY CONSTRUCTION EASEMENT
H. Lee Swanson and Linda M. Swanson, husband and wife (collectively referred to
as the "Grantor "), of the County of Kane and State of Illinois, for and in consideration Four
Hundred Dollars ($400.00) 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 _J'S day of J}e- pp MI
2017.
CITY OF ELGIN:
Cf zl"zl
By: By:
City Manager H. Lee Swanson
Attest:
Cit Clerk
STATE OF !L )
KO-41-,,
) SS.
COUNTY OF
By:
Linda M. Swanson
I, the undersigned, a Notary Public, in and for said County, in the State aforesaid,
do hereby certify that H. Lee Swanson and Linda M. Swanson, 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 ( O day of 1)Q dLra ,(,6 -,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
Notary Public
-3-
i
Route:
Chicago Street
Section:
County:
Kane
Job No.:
R -55- 001 -97
Parcel:
0012TE
Station:
117 +79.26 to 118 +45.55
Index No.:
06 -13- 259 -007
That part of Lot 3, in Block 1, in Walker's Addition to Elgin, recorded April 19, 1888 in Book 7,
Page 38, being a subdivision of the Northeast 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 southwest corner of said Lot 3; thence North 00 degrees 41 minutes 51 seconds West,
along the west line of said Lot 3, 5.01 feet; thence South 86 degrees 33 minutes 03 seconds East, 66.28
feet to the east line of said Lot 3; thence South 00 degrees 41 minutes 51 seconds East, along the east
line of said Lot 3, 5.01 feet to the south line of said Lot 3; thence North 86 degrees 33 minutes 03
seconds West, along the south line of said Lot 3, 66.28 feet to the point of beginning.
Said parcel containing 0.008 acres, (332 square feet), more or less.
G:rNbllc\Elglnp011\EG1104 Chicago Street RehabllltabonTand Ac ulsr4on \Legal Descrnpbons\0012TE.tloc