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Home My WebLink AboutRESOLUTION - 35-02 - 7/23/2002 - GRANT OF EASEMENT/710 NEW MEXICO TRRESOLUTION NO. 35-02 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A GRANT OF EASEMENT BETWEEN TERRENCE N. MOORE AND JEAN M. MOORE AND THE VILLAGE OF ELK GROVE VILLAGE FOR STORM WATER DRAINAGE (710 NEW MEXICO TRAIL) 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 FOR STORM WATER DRAINAGE 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 23rQday of July 2002. APPROVED this 23rd day of July 2002. ATTEST: Ann I. Walsh, Village Clerk APPROVED: Craig B. Johnson, Mayor REMrant0fEaeement710NeWexico.d0c GRANT OF EASEMENT FOR STORM WATER DRAINAGE This Grant made this /0 +L day of --rcJn& , 2002 by Terrance, N. Moore—and :Icon m, Y►lower (the "Grantors') to the Village of Elk Grove Village, Cook and DuPage Counties, Illinois, a municipal corporation (the "Grantee'). WITNESSETH Whereas, the Grantor's are fee owners of a tract of land legally described as follows: Lot 6 in block 6 in Winston Grove Section 21, being a subdivision in the south half of Section 25, Township 41 North, Range 10, east of the third principal meridian, in Cook County, Illinois and recorded as Document No. 22824635 on August 22, 1974; and, 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 or improve a storm water drainage pipe within the southernmost five feet of the Subject Property; and, Whereas, the Grantor's are willing to grant said easement on the terms and conditions hereinafter set forth, which easement is to the benefit of the grantor. NOW THEREFORE, 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's grants to Grantee for the general use and benefit of the public, a perpetual right and easement to keep, maintain or improve a storm water drainage pipe within the southernmost five feet of the Subject Property. Grantor's grants to Grantee, for the general use and benefit of the public a perpetual right of ingress and egress over the southernmost five feet of the Subject Property for purposes of maintaining the storm drainage. Page 2 2. INDEMNITY. Grantee agrees to defend, indemnify and hold Grantor's, 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 objections granted Grantee under this Grant of Easement. 3. 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 all binding upon and inure to the benefit of the successors, assigns and legal representatives of each of the parties hereto. 4. 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. 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 710 New Mexico Trail, 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 U.S. Post Office receptacle shall be evidence of such mailing. 7. 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's at its last address, given pursuant hereto. In such event, the Grantee must (a) restore the Subject Property to their original unimproved condition; and, (b) continue to indemnify the Grantor's 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 in interest" in the Subject Property. Page 3 THE VILLAGE OF ELK GROVE VILLAGE A MUNICIPAL CORPORATION BY; Craig B. Johnson Village Mayor ATTEST. Ann 1. Walsh Village Clerk STATE OF ILLINOIS ) SS. COUNTY OF COOK JJ(. 1 7 2002 ELK GROVE VILLAGE ENGINEERING & COMMUNITY DEVELOPMENT 1, the undersigned, a Notary Public in and for said County in the State aforesaid, DO HEREBY CERTIFY that and personally known to me to be the same persons whose names are subscribed to the foregoing instrument respectively, appeared before me this day in person and acknowledged that they signed and delivered said instrument as their own free and voluntary act for the uses and purposes herein set forth. GIVEN under my hand and Notarial Seal this L_day of -tom e '2002. a 4L gEgl,° Not ublic Cl .G0 DMLNState$gyp, pip» (SEAL) 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 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 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 2002. "OFFICIAL SEAL" Nota PU PATRICIA DROSCHAK ry Notary Puhlic, State of Illinois My Cornm15bIDn txyir®e 11/07/85 C r�i