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Home My WebLink AboutRESOLUTION - 16-15 - 4/28/2015 - GRANT OF EASEMENT 2045-2111 PRATT (2)Doc#: 1512634031 Fee: $58.00 Karen A.Yarbrough Cook County Recorder of Deeds Date: 05/06/2015 09:36 AM Pg: 1 of 11 RESOLUTION NO. 16-15 VILLAGE OF ELK GROVE VILLAGE JUDITH M. KEEGAN, VILLAGE CLERK 9oi WELLINGTON AVENUE ELK GROVE VILLAGE, ILLINOIS 6oOO7 RECORDING FEE DATE COPIES OK BY Mayor CRAIG B. JOHNSON Village Clerk ' JUDITH M. KEEGAN Village Manager RAYMOND R. RUMMEL Village Trustees NANCY J. CZARNIK PATTON L. FEICHTER JEFFREY C. FRANKE SAMUEL L. LISSNER JAMES P. PETRI CHRIS PROCHNO STATE OF ILLINOIS ) SS COUNTIES OF COOK AND DU PAGE) CERTIFICATE OF CLERK This is to certify that I, Judith M. Keegan, am the Village Clerk of the Village of Elk Grove Village, Cook and DuPage Counties, Illinois, and as such official am the custodian of the records and seal of said Village; and that the attached is a true and correct original of Resolution No. 16-15, passed by the Mayor and Board of Trustees of said Village at a meeting duly held on the 28t" day of April 2015, which Resolution No. 16-15 was approved by the Mayor, all as appears from the official records which are in my custody. Witness my hand and the official seal of said Village of Elk Grove Village this 1st day of May 2015. ,v u ith M. Keegan, Vi la Clerk Illage of Elk Grove Village (SEAL) Counties of Cook and DuPage, Illinois 901 WELLINGTON AVENUE • ELK GROVE VILLAGE, ILLINOIS • 60007-3499 TELEPHONE (847) 439-3900 • FAX (847) 357-4044 • TDD (847) 357-4088 www.elkgrove.org RESOLUTION NO. 16-15 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A GRANT OF EASEMENT FOR VILLAGE WATER MAIN BY KLC GLOBAL SERVICES, LTD. TO THE VILLAGE OF ELK GROVE VILLAGE (2045-2111 PRATT BOULEVARD) NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: GRANT OF EASEMENT FOR VILLAGE WATER MAIN a copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 281h day of April 2015. APPROVED this 281h day of April 2015. APP ED: r ayor Craig B. Johnson Village of Elk Grove Village A EST: �"h M. Keegan, ViilClerk GRANT OF EASEMENT FOR VILLAGE WATER MAIN k This Grant made this 0(-)0 day of ( , 2015, by M3 North America, LLC, ("Grantor") to the VILLAGE OF ELK GROVE VILLAGE, Cook and DuPage Counties, Illinois, a municipal corporation ("Grantee"). WITNESSETH: WHEREAS, the Grantor is the fee owner of a tract of land legally described as follows: PARCEL 1: LOT 5 (EXCEPT THE WEST 865.0 FEET THEREOF) IN CENTEX INDUSTRIAL PARK, BEING A SUBDIVISION IN SECTION 35, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. AND PARCEL 3: THE WEST 50.98 FEET OF LOT 9 IN CENTEX INDUSTRIAL PARK UNIT 2, BEING A SUBDIVISION IN SECTION 35, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. hbD,CrSs - P?-A-7`T &vv. PIN AKD o 3s-03—ois-0000 WHEREAS, the Grantee will become the owner of the water main to be located within the south 20 feet of the subject property and the 15 x 15 foot triangle located adjacent to the existing water main easement and adjacent to the proposed 20 foot easement along the south property line, as shown on the attached Exhibit A. WHEREAS, the Grantee wishes to obtain, for the benefit of the public, an easement of ingress and egress upon to, and right to keep, maintain, construct, improve, repair, replace or remove said water main within the south 20 feet of the subject property and the 15 x 15 foot triangle located adjacent to the existing water main easement and adjacent to the proposed 20 foot easement along the south property line, as shown on the attached Exhibit A. WHEREAS, the Grantor is willing to grant said easement on the terms and conditions hereinafter set forth. 2 - ' NOW, THERFORE, in consideration of the mutual undertakings, covenants and agreements of the parties hereto, and other valuable consideration, the receipt and sufficiency of which the parties hereby stipulate, it is agreed by and between them as follows: 1. Grant of Easement. Grantor grants to Grantee for the general use and benefit of the public, a perpetual right and easement to keep, maintain, construct, repair or replace a water main under the south 20 feet of the subject property and the 15 x 15 foot triangle located adjacent to the existing water main easement and adjacent to the proposed 20 foot easement along the south property line, as shown on the attached Exhibit A. 2. Grantor grants to Grantee, for the general use and benefit of the public a perpetual right of ingress and egress over the south 20 feet of the subject property and the 15 x 15 foot triangle located adjacent to the existing water main easement and adjacent to the proposed 20 foot easement along the south property line, as shown on the attached Exhibit A, for purposes of maintaining, replacing or repairing the water main. 3. Indemnity. Grantee agrees to defend, indemnify and hold Grantor, its agents, employees, successors and assigns harmless from and against all claims, demands, liabilities and expenses, including attorneys' fees and costs, which in any way arise out of or result either directly or indirectly from the exercise, use or enjoyment of any rights or obligations granted Grantee under this Grant of Easement. 4. Running of Benefits and Burdens. The recitals hereinbefore set forth are hereby made a part of this Grant. All provisions of this Grant, including the benefits and burdens, are intended to and shall run with the land and be binding upon and inure to the benefit of the successors, assigns and legal representatives of each of the parties hereto. 5. Attorneys' Fees. Either party may enforce this Grant by appropriate action, and, should it prevail in such litigation, it shall recover as part of its costs reasonable attorneys' fees and expenses. 6. Construction. The rule of strict construction shall not apply to the Grant. This Grant shall be given a reasonable construction so that the intention of the parties is carried out, but in no event shall the right of use extend beyond the area granted herein. 3 - '7. Notice. Grantor's address is 2045-2111 Pratt Boulevard, Elk Grove Village, Illinois, 60007. Either party may give written notice of change of address to the other. All notices shall be sent by U.S. Mail to the address provided for in this paragraph, and shall be deemed given when placed in the mail. The affidavit of the person depositing the notice in the U.S. Post Office receptacle shall be evidence of such mailing. 8. Release of Easement. The Grantee herein may terminate this Grant by recording a release in recordable form with directions for delivery of same to Grantor at its last address given pursuant hereto. In such event, the Grantee must: (a) restore the subject property to its original and unimproved condition; and, (b) continue to indemnify the Grantor from all claims arising out of Grantee's rights and obligations under this Grant of Easement. For convenience, the release may run to "the owner or owners and parties interest" in the subject property. 9. Notice. Except in the case of emergency, Grantee shall at all times prior to its entry on the subject property for the purpose of exercising any of its rights granted hereunder, give not less than seven (7) days advance notice in writing of its intentions to do so, to Grantor. 10. Diligence. Once Grantee commences construction and installation of the water main in the subject property, or the repair or replacement of any part or all of the water main, Grantee shall with due dispatch and diligence pursue such construction, installation, repair or replacement to completion, in as expeditious manner as reasonably possible. 11. Restoration. Upon completion of construction, installation, replacement or repair of any part or all of the storm sewer, Grantee shall with due diligence and at its sole cost and expense, restore the subject property to its original condition, including sodding same. VILLAGE OF. -ELK GIJOVE VILLAGE, a munici By: Mayor - 4 - ATTEST: Village Clerk (SEAL) PROPERTY OWNER By: M3 North America, LLC STATE OF ILLINOIS) ) SS COUNTY OF COOK ) I, the undersigned, a Notary Public in and for said County in the State aforesaid, DO HEREBY CERTIFY that Craig B. Johnson, Mayor of the Village of Elk Grove Village, and Judith M. Keegan, Village Clerk of the Village of Elk Grove Village, personally know to me to be the same persons whose names are subscribed to the foregoing instrument as such Mayor and Village Clerk, respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said Village of Elk Grove Village for the uses and purposes therein set forth; and the said Village Clerk then and there acknowledged that she, as custodian of the corporate seal of said Village of Elk Grove Village affixed said corporate seal to said instrument as her own free and voluntary act and as the free voluntary act of said Village of Elk Grove Village for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this F day of n ( 52015. STATE OF ILLINOIS) ) SS COUNTY OF COOK ) Notary Public =PuBLtC- T NOTAMY C 1 T f 5 - I, the undersigned, a Notary Public in and for said County in the State aforesaid, DO HEREBY CERTIFY that M3 North America, LLC, personally know to me to be the same persons whose names are subscribed to the foregoing instrument as such respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as her own free and voluntary act and as the free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and notarial seal thi�day of kolut , 2015. F--7O�FFICIAL SEAL" W ANNA GALEJ Z Notary Public, state of Illinois My commission Expires 8/19/2018 Notary Public CONSTRUCTION PERMIT 2111 Pratt Boulevard Elk Grove Village, IL 60007 A Construction Easement for the area described as follows: PARCEL 1: LOT 5 (EXCEPT THE WEST 865.0 FEET THEREOF) IN CENTEX INDUSTRIAL PARK, BEING A SUBDIVISION IN SECTION 35, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. ON PARCEL 3: THE WEST 50.98 FEET OF LOT 9 IN CENTEX INDUSTRIAL PARK UNIT 2, BEING A SUBDIVISION IN SECTION 35, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. CONSTRUCTION PERMIT PROJECT Village Watermain Extension at 2111 Pratt The undersigned, being the free or beneficial owner(s) of certain real estate legally described on the rider attached hereto and made part hereof, Grant(s) to the Village of Elk Grove Village a body politic and corporate, for its use or the use of others so designated by it, the right and privilege to enter upon said described real estate for the purpose of constructing a new Village water main The Grantor(s) agree that the Village of Elk Grove Village and its contractors shall be authorized such Right of Entry to construct, operate and maintain the above noted item(s) in accordance with plans approved by the Village of Elk Grove Village. All disturbed areas will be returned to their original or better condition. Sod will be used in all lawn areas. Right of Entry shall commence _April, 2015 and terminate June, 2015. DATED AT✓i ILLINOIS, g J this 04 "L O day of k ► 1 , 20 (x) GRANTOR (x) GRANTOR THE VILLAG K GROVE VILLAGE BY: Its Authorized Representative SUBJECT PROPERTY: PARCEL 1: LOT 5 (EXCEPT THE WEST 865.0 FEET THEREOF) IN CENTEX INDUSTRIAL PARK, BEING A SUBDIVISION IN SECTION 35, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. AND PARCEL 3: THE WEST 50.98 FEET OF LOT 9 IN CENTEX INDUSTRIAL PARK UNIT 2, BEING A SUBDIVISION IN SECTION 35, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. L_.... L� 2111 PRATT EXISTING STRUCTURE PARCEL 3 PART OF LOT 9 PARCEL 1 I PART OF LOT 5 15FT 260 FT 5 FT 20 FT _ - ..-� �_.- _.. _ .... ._ ............._- .... _...-...._..... _ _.... .... .....� PROPOSED VILLAGE WATERMAIN EASEMENT EXISTING VILLAGE WATERMAIN EASEMENT VILLAGE OF ELK GROVE VILLAGE GPOl YC EXHIBIT A