HomeMy WebLinkAboutRESOLUTION - 39-03 - 6/17/2003 - GRANT OF TEMPORARY EASEMENTRESOLUTION NO. 39-03
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE A GRANT OF TEMPORARY EASEMENT AGREEMENT BETWEEN
ARTHUR BUSSE LIMITED PARTNERSHIP AND JOHN B. SANFILIPPO AND
SONS, INC. AND THE VILLAGE OF ELK GROVE VILLAGE (WIDENING OF
DEVON AVENUE FROM BUSSE ROAD TO ELMHURST ROAD)
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 and Village Clerk be and are hereby authorized to
sign the attached documents marked.-
GRANT
arked:
GRANT OF TEMPORARY EASEMENT
Arthur Busse Limited Partnership
and
GRANT OF TEMPORARY EASEMENT
John B. Sanfilippo and Sons, Inc.
copies of which are 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 17"' day of June 2003
APPROVED this le day of June 2003
ATTEST.
Ann L Walsh
Village Clerk
APPROVED:
Craig B. Johnson, Mayor
RESGmnWTe p"rWa ement doc
GRANT OF TEMPORARY EASEMENT
THIS GRANT made this lLj:- day ofMcki, 2003,
by. Arthur Busse Limited Partnership. (the "Granton to the VILLAGE OF
ELK GROVE VILLAGE, Cook and DuPage Counties, Illinois, a municipal
corporation (the "Grantee").
WITNESSETH:
WHEREAS, the Grantor is the owner of the tract of land described
as Lot 397 in Centex Industrial Park Unit 244 (08-35-301-064) in Section 34,
Township 41 North Range 11 East of the third principal meridian in Cook County,
Illinois.
WHEREAS, the Grantee desires to conduct grading, shrub
clearing, tree trimming and other appurtenant work within the portions of said
parcel as shown on Exhibit A — Plat of Temporary Easement and Exhibit B —
Contract Documents, and
WHEREAS, the Grantee wishes to obtain, for the benefit of the
public, a temporary easement of ingress and egress upon and to, and rights to
construct said items within the said parcel; and,
WHEREAS, the Grantor is willing to grant said easement on the
terms and conditions hereinafter set forth.
Page 2
NOW, THEREFORE, 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 hereto hereby
stipulate, it is agreed by and between them as follows:
GRANT OF TEMPORARY EASEMENT. Grantor grants to
Grantee for the general use and benefit of the public for a period of 24 months
from written notice of construction, a temporary right and easement to construct
improvements on the designated portions of said parcel as noted on Exhibit A
and Exhibit B and made a part hereof.
2. RESTRICTIONS ON GRANTEE'S USE OF SURFACE:
Grantee agrees not to disturb the surface of said parcel except as required in
the exercise of its rights under this Easement Agreement. Should Grantee
disturb the surface of said parcel, Grantee agrees that upon completion of all
work, Grantee will reconstruct or repair any improvements which are disturbed
and will take all steps to do all things as are reasonably necessary to return said
parcel, its surface and improvements thereon, to substantially the same condition
as that which existed immediately prior to such disturbance.
3. RUNNING OF BENEFITS AND BURDENS: The recitals
hereinbefore set forth is hereby made apart of this Agreement. All provisions
of this Agreement, including the benefits and burdens, are intended to and shall
run with the land and are binding upon and inure to the benefit of the successors,
assigns and legal representatives of each of the parties hereto.
Page 3
4. ATTORNEYS' FEES: Either party may enforce this
Agreement by appropriate action, and, should it prevail in such litigation, it shall
recover as part of its costs reasonable attomeys' fees and expenses.
5. CONSTRUCTION: The rule of strict construction shall not
apply to this 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.
6. NOTICE: Grantor's address is 2299 Busse Road, Elk
Grove Village, Illinois 60007 and the Grantee's address is 901 Wellington
Avenue, 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.
By. �
Attest:✓�/i
THE VILLAGE OF ELK GROVE
VILLAUE, a mynicipal corporation
By: Craig B. Johnson
Mayor
Attest. Ann 1. Walsh
Village Cleric
STATE OF ILLINOIS )
) SS.
COUNTIES OF COOKAND DUPAGE)
1, the undersigned, a Notary Public in and for said County in the
State aforesaid, DO HEREBY CERTIFY that Mn --On in_�j 1ne ,
personally known to me to be the same person whose name is subscribed to the
foregoing instrument, appeared before me this day in person and acknowledge
that he signed and delivered the said instrument as his own free and voluntary
act for the uses and purposes herein set forth.
GIVEN under my hand and Notarial Seat this 1' 1t= day of
2003.
OFFICIAL SEAL
LAURA L ROGERS
NOTARY PUBLIC, STATE OF RUNOIS
MY COMMISSION EXPIRES;01(1SX14
STATE OF ILLINOIS )
)SS.
COUNTIES OF COOK AND DUPAGE)
1, 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 Ann I. Walsh, Village Clerk of the Village of Elk
Grove Village, personally known to me to be the same persons whose names are
subscribed to the foregoing instrument as such President and Village Clerk,
respectively, appeared before me this day in person and acknowledge 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 did affix the corporate seal of said Village of Elk Grove Village to
said instrument as her 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.
GIVEN under my hand and Notarial Seal this � ay of
2003.
"OFFICIAL SEAL"
PATRICIA DROSCHAK
Putlio, State of f!i�ois
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EXHIBIT "B"
2
a
GRANT OF TEMPORARY EASEMENT
THIS GRANT made this day of Mw. 2003,
by.' John B. Sanfilippo and Sons. Inc. (the "Grantor) to the VILLAGE OF
ELK GROVE VILLAGE, Cook and DuPage Counties, Illinois, a municipal
corporation (the "Grantee').
follows:
WITNESSETH:
WHEREAS, the Grantor is the owner of tracts of land described as
• Lot Ain Centex Industrial Park (08-35-301-061)
• Lot A in Centex Industrial Park (08-35-301-045)
• Lot 211 in Centex Industrial Park Unit 108 (08-35-301-044)
The aforesaid parcels all being in Section 34, Township 41 North
Range 11 East of the third principal meridian in Cook County, Illinois.
WHEREAS, the Grantee desires to conduct grading, shrub
clearing, tree trimming and other appurtenant work within the portions of said
parcels as shown on Exhibit A — Plat of Temporary Easement and Exhibit 8 —
Contract Documents, and
WHEREAS, the Grantee wishes to obtain, for the benefit of the
public, a temporary easement of ingress and egress upon and to, and rights to
construct said items within the said parcels; and,
WHEREAS, the Grantor is willing to grant said easement on the
terms and conditions hereinafter set forth.
Page 2
NOW, THEREFORE, 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 hereto hereby
stipulate, it is agreed by and between them as follows:
1. GRANT OF TEMPORARY EASEMENT. Grantor grants to
Grantee for the general use and benefit of the public for a period of 24 months
from written notice of construction, a temporary right and easement to construct
improvements on the designated portions of said parcels as noted on Exhibit A
and Exhibit B and made a part hereof.
2. RESTRICTIONS ON GRANTEE'S USE OF SURFACE:
Grantee agrees not to disturb the surface of said parcels except as required in
the exercise of its rights under this Easement Agreement. Should Grantee
disturb the surface of said parcel, Grantee agrees that upon completion of all
work, Grantee will reconstruct or repair any improvements which are disturbed
and will take all steps to do all things as are reasonably necessary to return said
parcel, its surface and improvements thereon, to substantially the same condition
as that which existed immediately prior to such disturbance.
3. RUNNING OF BENEFITS AND BURDENS: The recitals
hereinbefore set forth is hereby made a part of this Agreement. All provisions
of this Agreement, including the benefits and burdens, are intended to and shall
run with the land and are binding upon and inure to the benefit of the successors,
assigns and legal representatives of each of the parties hereto.
Page 3
4. ATTORNEYS' FEES: Either party may enforce this
Agreement by appropriate action, and, should it prevail in Such litigation, it shall
recover as part of its costs reasonable attomeys' fees and expenses.
5. CONSTRUCTION: The rule of strict construction shall not
apply to this 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.
6. NOTICE: Grantor's address is 2299 Busse Road, Elk
Grove Village, Illinois 60007 and the Grantee's address is 901 Wellington
Avenue, 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.
THE VILLAGE OF ELK GROVE
VILLAGE, a municipal corporation
By; C]!�aig B. Johnson
Mayor
Attest: Ann I. Walsh
Village Clerk
STATE OF ILLINOIS )
) SS.
COUNTIES OF COOKAND DUPAGE)
1, the undersigned, a Notary Public in and for said County in the
State aforesaid, DO HEREBY CERTIFY that Ki6c a. - V (1\e-,-,6ne
personally known to me to be the same person whose name is subscribed to the
foregoing instrument, appeared before me this day in person and acknowledge
that he signed and delivered the said instrument as his own free and voluntary
act for the uses and purposes herein set forth.
GIVEN under my hand and Notarial Seal this \L&- day of
Ma, , 2003.
s
�.a,._ .1•�•,�
WIMP • ".1,
OFFICIAL SEAL
LAURA L ROGERS
NOTARY PUBLIC, STATE OF XL
MY COMMISSION E%PI1ES:01/19/00
ro�M"s
STATE OF ILLINOIS )
)SS.
COUNTIES OF COOK AND DUPAGE)
1, 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 Ann 1. Walsh, Village Clerk of the Village of Elk
Grove Village, personally known to me to be the same persons whose names are
subscribed to the foregoing instrument as such President and Village Clerk,
respectively, appeared before me this day in person and acknowledge 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 did affix the corporate seal of said Village of Elk Grove Village to
said instrument as her 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.
GIVEN under my hand and Notarial Seal this day of
2003.
s
"OFFICIAL SEAL"
PATRIClA DR09CNAK %
Not,ry Publla, ®!�!e of Illlno�l J
yCommlulon Exprea ma? Notary Public
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