0047 Mapes Trust recordedDonald L. Mapes, Trustee
Ann L. Mapes, Trustee
398 East Chicago Street and
16 North Gifford Street
Elgin, Illinois 60120
Project: Chicago Street Rehabilitation
Route: Chicago Street (EAU 1321),
from Center Street to IL 25
County: Kane
Job No: R -55- 001 -97
Parcel: 0047TE
P.I.N. 06 -13- 182 -029 and
06 -13 -182 -027
Section: 12- 00183 -00 -PV
2018KO02802
SANDY WEGMAN
RECORDER - KANE COUNTY, IL
RECORDED: 1/17/2018 4:06 PM
REC FEE: 47.00
PAGES: 4
TEMPORARY CONSTRUCTION EASEMENT
Donald L. Mapes, not personally but as Trustee under the provisions of a certain
Trust Agreement dated July 1, 1998 and known as the Donald L. Mapes Trust, as to an undivided
1/2 interest, and Ann L. Mapes, not personally but as Trustee under the provisions of a certain
Trust Agreement dated July 1, 1998 and known as the Ann L. Mapes Trust, as to an undivided 1/2
interest (collectively referred to as the "Grantor "), of the County of Kane and State of Illinois, for
and in consideration Six Hundred Seventeen Dollars ($617.00) 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
ol'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.
-2-
IN WITNESS WHEREOF, the parties have entered unto and executed this
Temporary Construction Easement agreement on this day of
2017.
CITY OF ELGIN:
By:
City Manager
Attest: v, �
City Clerk �'
STATE OF L )
) SS.
COUNTY OF L/ o „e
OWNER:
By: / YZQ6��
Donald L. Mapes, Trustee
By: l�> %% )
Ann L. Mapes, Trustee
I, the undersigned, a Notary Public, in and for said County, in the State aforesaid,
do hereby certify that Donald L. Mapes, Trustee under the provisions of a certain Trust Agreement
dated July 1, 1998 and known as the Donald L. Mapes Trust, and Ann L. Mapes, Trustee under
the provisions of a certain Trust Agreement dated July 1, 1998 and known as the Ann L. Mapes
Trust, are personally known to me to be the same persons whose names are subscribed to the
foregoing instrument and are known to be an authorized trustee or agent of the trusts, appeared
before me this day in person and acknowledged that they signed and delivered the said instrument
as the free and voluntary act of the trusts, by authority set forth in the trust documents or by
authority of statute, for the uses and purposes therein set forth, and on oath stated that they are
authorized to execute said instrument and in fact executed the instrument on behalf of said trusts.
Given under my hand an official seal, this V? w,- day of Q o �cn- 6r— , 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
"OFFICIAL
FELIX MODESTO
NOterY FuWic State Of Illinois
My Comm n 08!03/19
-3-
Route:
Chicago Street
Section:
County:
Kane
Job No.:
R -55- 001 -97
Parcel:
0047TE
Station:
109 +57.06 to 110 +08.13
Index No.:
06 -13- 182 -029
That part 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:
Commencing at the southeast corner of Lot 12 in Burgess Truesdell's Addition to Elgin, recorded August 21, 1850
in Book R19, Page 33; thence South 89 degrees 39 minutes 07 seconds East, along the north line of Chicago Street
per Burgess Truesdell's addition to Elgin, 66.00 feet for the point of beginning; thence North 00 degrees 05 minutes
21 seconds West, 5.93 feet; thence South 89 degrees 38 minutes 30 seconds East, 51.07 feet to the west line of
Gifford Street, per J.T. Gifford's Addition to Elgin, recorded October 29, 1846 in Book R8, Page 93; thence South
00 degrees 05 minutes 21 seconds East, along the west line of said Gifford Street, 5.93 feet to the north line of said
Chicago Street; thence North 89 degrees 39 minutes 07 seconds West, along the north line of said Chicago Street,
51.07 feet to the point of beginning.
Said parcel containing 0.007 acres, (304 square feet), more or less