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Home My WebLink AboutRESOLUTION - 23-00 - 7/18/2000 - EASEMENT AGREEMENT/1101 TONNE RDRESOLUTION NO. 23-00 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN EASEMENT AGREEMENT BETWEEN OASIS SALES CORPORATION, 1101 TONNE ROAD AND THE VILLAGE OF ELK GROVE VILLAGE NOW, THEREFORE, BE IT RESOLVED by the President 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 Village President 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 Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE. AYES: s NAYS: 0 ABSENT., 1 PASSED this: Inch day of July 2000. APPROVED this: 18th day of July 2000. Craig B. Johnson Village President ATTEST.• Ann I. Walsh Village Clerk GRANT OF EASEMENT THIS GRANT made this_&f-day of Iu nt, 2000, by Oasis Sales Corporation, 1101 Tonne Road, Elk Grove Villa-ge. Illinois (the `Grantoo 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 tracts of land legally described as: THAT PART OF LOT i IN CENTEX INDUSTRIAL PARK UNIT 224, A SUBDIVISION IN SECTION 27 AND 34, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: THE NORTHWEST CORNER OF SAID PARCEL DEFINED BY A 70 FOOT RADI US TANGENT TO THE WEST PROPERTY LINE AND INTERSECTING THE NORTH PROPERTY LINE OF LOT 1 AS DESCRIBED HEREIN. WHEREAS, the Grantee is or may become the owner of certain roadway pavement, curb and gutter, ap sidewalk located within the northwest corner of said parce); 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, construct, improve, repair, replace or remove said items within the northwest comer of said paroel; and, 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 Page 2 consideration, the receipt and sufficiency of which the parties hereto hereby stipulate, it is agreed by and between them as follows: 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 curb and gutter, and sidewalk over that portion of Lot las described herein shown as improved on the site drawing attached hereto as Exhibit A and made a part hereof. 2. RESTRICTIONS ON GRANTTEE'S USE OF SURACE: Grantee agrees not to disturb the surface of Lot 1 as described herein 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 till, grade, replant, landscape and take all steps to do all other 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. INDEMNITY. Grantee agrees to defend, indemnify and hold Grantor, 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 obligations granted Grantee under this Easement Agreement. Page 3 4. RUNNING OF BENEFITS AND BURDENS: The recitals hereinbefore set forth are 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. 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. 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 panties is carried out, but in no event shall the right of use extend beyond the area granted herein. 7. NOTICE: Grantor's address is 1101 Tonne 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. 8. 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 Page 4 event, the Grantee must (a) restore said parcel to its original condition, (b) continue to indemnify the Grantor 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. Vice President By: Patrick Murphy Vice President THE VILLAGE OF ELK GROVE VILLAGE, a municipal corporation 4.-- President Attest: 1Y1L Village Clerk a 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 Brian J. Smyth, Bob Erbach and Patrick Murphy personally known to me to be the same persons whose names are subscribed to the foregoing instrument, 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 bank for the uses and purposes herein set forth. GIVEN under my hand and Notarial Seal this ZS qday of /- 2000. OFFIC1A SEAL WIESLAWA H ROJEK NOTARY PUBIC, t r TE cw 41t00q a MY COhM.M8810N E%Pme. f 2n0/01 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, President 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. 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