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HomeMy WebLinkAboutRESOLUTION - 13-01 - 2/27/2001 - EASEMENT AGREEMENT/CLARK & KAREN SCHRAMRESOLUTION NO. 13-01 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN EASEMENT AGREEMENT BETWEEN CLARK W. SCHRAM AND KAREN L. SCHRAM AND THE VILLAGE OF ELK GROVE VILLAGE (NERGE ROAD AND MEACHAM ROAD/GUARDRAIL) 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: PASSED this 27th 4 NAYS: 0 ABSENT: 3 day of February , 2001. APPROVED this 27th day of February , 2001. Craig B. Johnson Mayor ATTEST: Ann I. Walsh Village C RESgrantofeasement.doc GRANT OF EASEMENT THIS GRANT made this 27th day of February 2001. By: Clark W. Schram and Karen L. Schram his wife (the "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: Lot 8 in Block 6 in Elk Grove Village Section 20, being a Subdivision in Section 36, Township 41 North, Range 10, East of the Third Principal Meridian according to the plat thereof recorded August 24, 1974 as document no. 22452761 in Cook County, Illinois. WHEREAS, the Grantor's property is situated on the corner of Nerge Road and Meacham Road in such a location that the traffic has caused extreme damage to the Grantor's fence causing the Grantor to be concerned for the safety and well-being of his family; and WHEREAS, Grantee is aware of Grantor's concern, and is of the opinion that Grantee needs certain protection from drivers who are unable to negotiate turning at this intersection; and WHEREAS, Grantee has agreed to supply and install a guardrail on Grantor's property subject to certain 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 agree, do stipulate and agree by and between them as follows: GRANT OF EASEMENT: 1. Grantor grants to Grantee, a temporary right and easement to supply and install a guardrail on the north property line of the above described property pursuant to approved Engineering plans, copies of which are on file in the Office of the Village Clerk. 2. Grantor shall allow Grantee and its officers, agents and contractors access to Grantor's property to install the guardrail. 3. Grantor agrees to remove its existing wooden fence to permit said installation and shall reinstall the fence at Grantor's discretion subject to receiving permits as required from Grantee. 4. Grantor shall accept ownership and maintenance responsibility of said guardrail and Grantee, by this document conveys ownership of said guardrail to Grantor at such time as same is installed. 5. Grantor shall hold the Grantee harmless from any and all injury, damage or liability of whatsoever nature which may occur as a result of the installation of the guardrail. 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 parities hereto. WHEREAS, the parties hereto set forth their hands and seals this 27th day of February ,2001. GRANTOR: GRANTEE: Craig B. Johnson Clark W. Schram Village of Elk Grove Village, Municipal Corporation Karen L. Schram By: Craig B. Johnson Mayor ATTEST: Ann I. W Village Clerk