HomeMy WebLinkAboutRESOLUTION - 20-02 - 3/26/2002 - GRANT OF PERPETUAL EASEMENTRESOLUTION NO. 20-02
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A
GRANT OF PERPETUAL EASEMENT BETWEEN THE ELK GROVE PARK DISTRICT AND
THE VILLAGE OF ELK GROVE VILLAGE FOR A SIDEWALK AND CONCRETE
RETAINING WALL (WELLINGTON AVENUE/BIESTERFIELD 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 OF PERPETUAL EASEMENT
FOR
SIDEWALK AND CONCRETE RETAINING WALL
BETWEEN
THE ELK GROVE PARK DISTRICT AND THE VILLAGE OF ELK GROVE VILLAGE
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 26th day of March 2002.
APPROVED this 26th day of March 2002.
Craig B. Johnson, Mayor
ATTEST:
Ann I. Walsh, Village Clerk
PESGrantofEasementParkDist.tloc
Grant of Perpetual Easement
for
Sidewalk and Concrete Retaining Wall
between
The Elk Grove Park District and the Village of Elk Grove Village
This Grant made this 26th day of March , 2002 by the Elk Grove
Park District, a municipal corporation, (the "Grantor") to the Village of Elk Grove Village,
Cook and DuPage Counties, Illinois, a municipal corporation (the "Grantee").
WITNESSETH
Whereas, the Grantor is owner of the real estate contiguous with Wellington Avenue Right
of Way along the west side of Wellington Avenue, south of Biesterfield road, and Subject
property is identified by label " 13'x 150' PERMANENT EASEMENT" on the attached
site plan (prepared by James J. Benes & Associates, Inc and titled Village of Elk Grove
Village Proposed Plan Drawing No. 3 of 4)(the "Plan").
Whereas, the Grantee desires to obtain, for the benefit of the public, an easement of ingress
and egress upon to, and rights to keep, maintain, and/or improve Subject Property by
developing, for the use and enjoyment of the general public, a sidewalk and retaining wall
(the "Improvements") as depicted on the aforementioned site plan;
Whereas, the Subject property is part of an existing Park District facility, and Subject
Property cannot be utilized by Grantor for any purpose other than as a bermed and planted
landscape area;
Whereas, 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 develop, keep, maintain, and/or improve the
Subject Property. Grantor grants to Grantee, for the general use and benefit of the
public, a perpetual right of ingress and egress over the property.
2. Property Development/Maintenance: Grantee agrees to fund at its own expense the
installation of the Improvements in the Permanent Easement area in accordance with
the Plan. In consideration for granting this easement, grantee agrees to maintain said
sidewalk and retaining wall.
Pagel of 3
3. Indemnity: Grantee agrees to defend, indemnify, and hold Grantor, its
Commissioners, 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 improvement of
the Subject Property or 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 are binding upon and inure to
the benefit of the successors, assigns, grants, trusts, and legal representatives of each of
the parties hereto.
5. Attorney's 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 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.
Notice: Addresses for the parties are listed below. Either party may give written
notice of change of addresses 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 U.S. Post Office receptacle
shall be evidence of such mailing.
Grantor:
Elk Grove Park District
499 Biesterfield Road
Elk Grove Village, I160007
Grantee:
Village of Elk Grove Village
901 Wellington Avenue
Elk Grove Village, I160007
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 remove and restore to
original grade any sidewalk and retaining wall areas, but Grantee will not be required
to remove any landscaping installed on Grantor's property. For convenience, the
release may run to "the owner or owners and parties in interest" in the Subject
Property.
Page 2 of 3
9. Execution: The parties hereby execute this agreement on the page 3 of 3 herein:
Elk Grove Park District
A Municipal Corporation:
Title:
Date:
Attest: Elk Grove Park District
BI
Title:
Date:
Village of Elk Grove Village
A Municipal Corporation:
By: Craig B. Johnson
Mayor
Date: March 26, 2002
Attest: Ann I. Walsh
Village Clerk
Date: March 26, 2002
Page 3 of 3
� EEiEiEEEiEEEEEtEEE
aesaaasaunueu
E SSSSsSesesnl9SSSSS
E!!FF!!F!F!F!!!lFFF
e� t
00
0o F
go r
8
S t I
4
®
D�c�C9
A
a
p �I
01 s
rn
a
1 �
s
N R1
w y H
00 W [F[�� 'ncn
O
.� Cli Vl 00 W cn
N 2 �Fco
P-.11 N
zWLn to W FN O\ n u1
n o Rl
J U OD
J W J LnK rl Ili 0 C'� Z Z iii � V
0� ~ NIn F FZF aM ^
�o Wcn ON
weeq Pk EE[ M
G m
%0V o Ino3O�+`�:a,
�X ..InoEwovwo
U R1 00 .o Pa
VO1R o z v w o+OF?'1 L7
R1 FR13 wy
LLJ 4 �O W yto
' U w o I ,CO7 t=4 �oN w �d
z W4 mO r7 PGF.cn�O W 99
rP14 Ili en Ili W W
< I you m H M[n1 MUU
00'n o w mN W 3
o mo Z 4 i.3
w z "J 2
<y�yy
CID oa' F y OD F CC PW9
.P
O U 6 W a0 CA Pa
rl
nucDCC vpC Pae'
pe W PWC F"S O F Ute+
k