GRANT OF PERMANENT SIDEW ALK EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS:

Size: px

Start display at page:

Download "GRANT OF PERMANENT SIDEW ALK EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS:"

Lesley Gaines
6 years ago
Views:

1 GRANT OF PERMANENT SIDEW ALK EASEMENT AGREEMENT DEI:1:B J: E: I[li I LLE:TTE KENDALL COUNTY, IL RECORDED: 2/'3/200'3 9:47 AM AGR: RHSPS FEE: PAGES: 7 KNOW ALL MEN BY THESE PRESENTS: THAT the Grantor: WINDROSE YORKVILLE PROPERTIES, L.L.C., a Virginia limited liability company, in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged~ do hereby grant, bargain, sell and convey to the UNITED CITY OF YORKVILLE, a Municipal Corporation, its successors, and assigns, hereinafter referred to as Grantee, in consideration of the covenants to be kept and performed by the Grantee herein, a non-exclusive, permanent easement (the "Permanent Sidewalk Easement"), as described herein, to construct, replace, maintain, and operate a sidewalk, in the event any are actually installed in, upon, and across the tracts of land described as follows, to-wit: BURDENED PARCEL Grantor is the owner of that certain tract of land located on Kendall Drive in the City of Yorkville, Kendall County, State of Illinois and legally described on Exhibit A attached hereto (the "Burdened Parcel"). PERMANENT SIDEWALK EASEMENT The Permanent Sidewalk Easement shall be that certain real property located upon the Burdened Parcel and legally described at Exhibit B, attached hereto (the "Permanent Easement Area"). Said grant of easement is made under the additional following terms and conditions: 1. Grantee's use of the Permanent Easement Area shall be solely for the purpose of constructing, installing, operating, maintaining, and replacing a sidewalk in and upon the Permanent Easement Area at Grantee's sole cost and expense. Grantee is also granted the right to trim tree branches as necessary and to grade beyond the area of permanent easement at slopes and distances to be approved by Grantor in order to construct said sidewalk to ADA-compliant guidelines. 2. Grantee shall thereafter, at Grantee's sole cost and expense: SLK_TOL # v4

2 ,. a. Restore the grassy surface of said Permanent Easement Area and any other areas disturbed by sidewalk construction in a uniform manner, free of all debris, rocks in excess of one inch (1 "), and gravel, and provide a covering of a minimum of six inches (6") of clean, black, fertile top soil, and establish a healthy stand of grass; b. Replace all lot lines and property line stakes moved or disrupted in the course of performing any work in connection with the purpose of which the easements herein are granted. c. Maintain all sidewalks within the Permanent Easement Area m good condition and repair. 3. All construction, extension, reconstruction, maintenance, repairs, replacements or any other work by Grantee shall be performed in accordance with all applicable building and construction laws. 4. Grantor shall have the right to use the land within the Permanent Easement Area in any manner not inconsistent with the easement rights herein described. 5. Grantor reserves all rights not herein granted. 6. All notices and demands hereunder shall be in wntmg and shall be deemed properly served if delivered in person to the party to whom it is addressed, or five (5) days after deposit in the U.S. Mail if sent postage prepaid by United States registered or certified mail, return receipt requested, or one (l) business day after deposit with a nationally recognized overnight courier, addressed as follows: If to Grantee: If to Grantor: City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL Windrose Yorkville Properties, L.L.C. Attention: Mike Noto 661 University Boulevard, Suite 100 Jupiter, Florida Said easement shall be treated as a covenant running with the land. 8. Said permanent easement shall be binding upon the successors, heirs, and assigns of each party hereto. 9. Grantee shall indemnify and hold Grantor harmless from any and all claims, damages, liabilities, losses, judgments, penalties, fines, costs and expenses, including, without limitation, attorneys' fees, incurred by Grantor due to any injuries or death to any persons or SLK_ TOL # v4 2

3 damages to property arising from or related to Grantee, its agents, employees and contractors' use of the Permanent Easement Property for the purposes set forth in Section 1 herein. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] SLK_TOL # I v4 3

4 IN W~ESS WHEREOF, the Grantor and Grantee have hereunto set their hands and seal this J;) (fay of llu'yy\b Q./),2008. ~~~ ~ - Mayor, United City of Yarkville STATE OF ILLINOIS ) ) COUNTY OF KENDALL ) allege and state that they have read the foregoing Grant of Permanent Sidewalk Easement Agreement by them subscribed; that they have knowledge afthe facts and contents contained therein, and that the facts as alleged therein are true in substance and in fact. Owner Owner ::7""-----' Notary Public SLK_TOL: # v4 4

5 WINDROSE YORKVILLE PROPERTIES, L.L.c., a Virginia limited liability company By: Windrose Medical Properties, L.P. a Virginia limited Partnership, its sole member By: Windrose Medical Properties Trust, a Maryland real estate investment trust, its general partner : ~_. )/" J By l~_ Erin C. Ibele Senior Vice President-Administration and Corporate Secretary STATE OF OHIO ) ) SS: COUNTY OF LUCAS ) Before me, a Notary Public in and for said County and State, personally appeared Erin C. Ibele, known to me to be the Senior Vice President-Administration and Corporate Secretary of Windrose Medical Properties Trust, a Maryland real estate investment trust, as a general partner of Windrose Medical Properties, L.P., as sole member of WINDROSE YORKVILLE PROPERTIES, L.L.c., a Virginia limited liability company, and having been first duly sworn, acknowledged the execution of the foregoing for or on behalf of said real estate investment trust on behalf of the limited partnership on behalf of said limited liability company.,liwjtness my hand and Notarial Seal, this,\\ v P ". 0,1..'b~'\'''... I1..~''- DONNA J. LUNSFOR ;:~"t~\\"ltdl.ii... Notarv Public _ ~*ic!,l~)'~~" ~ ""'"10 - \...-. J\las ~cji.,! '-: if ' 'I.f:?" My Commission Expires: c(,vl day of December, Notary Public'~ Signature Donna J. llolasferd Notary Public - Printed My County of Residence: X " /'1 ',- t I "j "..:' v-vvc/:l~ Prepared by and return to: City Attorney Kathleen Field Orr 800 Game Farm Road Yorkville, Illinois (630) SLK_TOL # v4 5

AGREEMENT FOR TEMPORARY CONSTRUCTION EASEMENT AND PERMANENT SEWER UTILITY EASEMENT

AGREEMENT FOR TEMPORARY CONSTRUCTION EASEMENT AND PERMANENT SEWER UTILITY EASEMENT This Agreement for Temporary Construction Easement and Permanent Sewer Utility Easement (hereinafter the "Agreement")