The URL can be used to link to this page

Home My WebLink AboutRESOLUTION - 19-04 - 4/13/2004 - GRANT OF EASEMENT/UTILITY EASEMENTRESOLUTION NO. 19-04 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A GRANT OF EASEMENT BETWEEN WOODLAND SQUARE DEVELOPMENT, LTD. AND THE VILLAGE OF ELK GROVE VILLAGE FOR A TWENTY FIVE FOOT UTILITY EASEMENT TO ALLOW FOR THE CONSTRUCTION OF A GRAVITY SANITARY SEWER MAIN (MARTHA AND LINCOLN STREETS) 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 OF EASEMENT 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 13th day of April 2004. APPROVED this 13' day of April 2004. APPROVED: Crate B. Johnson, Mayor ATTEST: Ann 1. Walsh, Villa_ae Clerk By. Margit C. Thompson, Deputy Village Clerk Wood/andSquareGrantolEasement. doe GRANT OF EASEMENT THIS GRANT made this 24th day of February , 2004, By LaSalle Bank National Association as successor trustee to American National Bank and Trust Company of Chicago under Trust Agreement dated January / 4nd not ersonally 22,1985 and known as Trust Number 1499 (tie "Grantor') 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 a tract of land legally described as follows: THAT PART OF LOT 1 IN WOODLAND SQUARE PLAZA SUBDIVISION, A SUBDIVISION IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED NOVEMBER 16, 1983 AS DOCUMENT NO. 26864445 IN COOK COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 IN WOODLAND SQUARE PLAZA SUBDIVISION, THENCE NORTH 01 DEGREE 50 MINUTES 52 SECONDS WEST, ALONG THE EASTERLY LINE OF SAID LOT 1, A DISTANCE OF 242.70 FEET, TO THE POINT OF BEGINNING, THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 429.64 FEET, TO THE WEST LINE OF SAID LOT 1 IN WOODLAND SQUARE PLAZA SUBDIVISION; THENCE NORTH 03 DEGREES 35 MINUTES 31 SECONDS EAST, ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 25.05 FEET,' THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 427.26 FEET, TO THE EAST LINE OF SAID LOT 1; THENCE SOUTH 01 DEGREE 50 MINUTES 52 SECONDS EAST, ALONG SAID EAST LINE OF LOT 1, A DISTANCE OF 25.01 FEET, TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. WHEREAS, the Grantee is or may become the owner of certain underground public utilities including sewer and water mains within the Easement Parcel. WHEREAS, the Grantee wishes to obtain, for the benefit of the public, an easement of ingress and egress upon and to, and rights to keep, maintain, construct, improve, repair, replace or remove said underground public utilities within the Easement Parcel. WHEREAS, the Grantor is willing to grant said easement on the terms and conditions hereinafter set forth. 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 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 underground public utilities on the Easement Parcel as described herein and shown on the Plat of Easement attached hereto as Exhibit A and made a part hereof. 2. INDEMNITY: Grantee agrees to defend, indemnify and hold Grantor, Woodland Square Development, Ltd. and their directors, officers, shareholders, agents, employees, successors and assigns harmless from and against all claims, demands, damages, 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 to the Grantee under this Easement Agreement. 3. BUILDING AND ZONING REGULATIONS: The Grantee agrees that the utility easement granted herein shall be included in the computation of any front, rear or sideyard requirement or gross lot areas requirement or any other applicable bulk regulation hereafter imposed by the building or zoning ordinances of the Grantee. 4. 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. 5. ADDITIONAL OBLIGATIONS: As a condition of this Grant, the Grantee agrees to correct drainage concerns at the location identified on Exhibit "B" attached hereto through the construction of storm sewers which will drain the identified area to the public storm sewer system. A copy of the preliminary design of said storm sewer construction plan is attached hereto as Exhibit "C". 6. 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. 7. 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. 8. NOTICE: Grantor's address is 3645 Vantage Lane, Glenview, Illinois 60025 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 courier, overnight mail or certified mail, return receipt requested to the address provided for in this paragraph, and shall be deemed given in the case of courier or overnight mail when received, or three (3) days after mailing in the case of certified mail. 9. RELEASE OF EASEMENT. • The Grantee herein may terminate this Agreement by recording a release in recordable form with direction for delivery of same to Grantor at its last address, given pursuant hereto. In such event, the Grantee must (a) restore said parcel to their original unimproved condition, (b) continue to indemnify the Grantor and those parties identified in Section 2 herein from all claims arising out of Grantee's rights and obligations under this Easement Agreement. For convenience the release may run to `the owner or owners and parties in interest" in said parcel. LASALLE BANK NATIONAL BANK ASSOCIATION, as successor trustee to American National Bank and Trust Company of Chicago under Trust Agreement dated January 22, 1985 and known as Trust Number 1499. AND NOT PERSONALLY „w b17bUMdta U sfdaLWVin Nem power parsatepybulsoldy T asaloressld,fnMeexerdsodtlapoeer and staff roarderted tW and vested In Mas sUchTnmtee.All Ureterms, OOns to be WOmIsd by provisions ASALL£tiANitNetionalAscovenants sodatianand andaadakanbya kttywTnrsroe, e9 aforesaid, and not indMdaelly and alt statamords Imeln made are made on Wonnadan and ballet and are to be constmdo socorQcgly, mid no per. song febRy shag be ansAed or be enforcoabie against LASALLE BANK NsUonal Association by reason of any of the terms, provisions. eepotoons cove gmt auoor siatemenis contm d In this arstnMit ...R r THE VILLAGE OF ELK GROVE VILLAGE, a municipal corporation By: Craig B. Johnson offiaq• Mayor Attest: Margit C. Thompson Deputy Village Clerk ft hshunefd to extend beyond the area granted herein. 8. NOTICE. Grantor's address is 3645 Vantage Lane, Glenview, Illinois 60025 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 courier, overnight mail or certified mail, return receipt requested to the address provided for in this paragraph, and shall be deemed given in the case of courier or ovemight mail when received, or three (3) days after mailing in the case of certified mail. 9. RELEASE OF EASEMENT: The Grantee herein may terminate this Agreement by recording a release in recordable form with direction for delivery of same to Grantor at its last address, given pursuant hereto. In such event, the Grantee must (a) restore said parcel to their original unimproved condition, (b) continue to indemnify the Grantor and those parties identified in Section 2 herein from all claims arising out of Grantee's rights and obligations under this Easement Agreement. For convenience the release may run to `the owner or owners and parties in interest" in said parcel. LASALLE BANK NATIONAL BANK ASSOCIATION, as successor trustee to American National Bank and Trust Company of Chicago under Trust Agreement dated January 22, 1985 and known as Trust Number 1499. AND NOT PERSONALLY vested in A as stwhWee. AD aia terms. nls and eondidons to be Pedormad by asdecesatd, end nMh�vtdualy end aH statammdslbreinmede aro rrnda on 6donnedan and belief and are to be constmdo aarordcgiy, and no Par' M1 kNity sheti bo asuW or bo enforcoaW egaval LASALLvis BANK Na eons SUryaAms cWal n"or SWWnanis (033on of 000nftW din Us tnsfrmanf ....,, THE VILLAGE OF ELK GROVE VILLAGE, a municipal corporation By; Craig B. Johnson Offico- Mayor Attest: Margit C. Thompson Deputy Village Clerk STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) 1, the undersigned, a Notary Public in and for said County in the JANE S. ZAKRZEWSKi State aforesaid, DO HEREBY CERTIFY that T,,,�j,�arpersonally 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 24th day of February .2004. !�� [d,4a. V Notary Public CNOTAR C A SEAL" OAN WILSON isswOnE A X00210312006 STATE OF ILLINOIS ) )SS. COUNTY OF COOK ) 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 14th day of April 2004. Patricia Droschak Notary Public DOCL WITH TN PLAT OF EASEMENT a.,.'Uji4 Dylbq 34042 olli 'ZES. kb. 7-011 1� EXHIBIT MACKIE CONSULTANTS LLC PLAT OF EASEMENT WOODLAND SQUARE PLAZA ELK GROVE VILLAGE, ILLINOIS , ---------------- I I 81 -W RCP 00.05% I • 0. X RCP I W 81 W 8, 2 1 I 7L —G G AMV 69t • G - _ - — I ' RCP CULVERT uTpCp EULy R Y 698. RIM 97.72 D O� RIM 699.59 / 10' A s� I IV RCP 2. OFF-SITE UTIL SHOWN IN MART CONCEPTUAL AN ONLY. REFER DETAILS OF TH I 3. ALL WATERMAIN I NOTED. -I-PROPOSEO LIGHT POLE ITYPI FH #3 SHALL BBUILDING SIAM 1715'-15' RCP ■ 0.04% AA flIY 6' d i zt 6 , 1IIII i --Sim E O -112 ROP I I I o� RCP 00.05% I I I Mau. Ib IRV 697.75 I W 81 W 8, 2 '0.25% RCP I 7L • • IJV 697:24 j H '-15' RCP • 0.05% EXISTING R.O.R. G C O� / s� 8Q 04'`