HomeMy WebLinkAboutRESOLUTION - 25-96 - 4/23/1996 - SEWER & STORM WATER MAINT. AGRMT.RESOLUTION NO. 25-96
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND
VILLAGE CLERK TO EXECUTE A SEWER AND STORM WATER
MAINTENANCE AGREEMENT BETWEEN THE VILLAGE OF ELK
GROVE VILLAGE AND OSTROM FAMILY LIMITED PARTNERSHI:
(1501 OAKTON STREET, METAL IMPACT CORPORATION)
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 be and is hereby authorized to
sign the attached docurmnts marked:
SEWER APED STORM WATER MAINTENANCE A(RMENT
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: 6 NAYS: 0 ABSENT: 0
PASSED this 23rd day of April , 1996.
APPROVED this 23rd day of April , 1996.
Dennis J. Gallitano
Village President
ATTEST:
Patricia S. Smith
Village Clerk
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL
TO:
Shefsky Froelich & Devine Ltd.
Suite 2300
444 North Michigan Avenue
Chicago, Illinois 60611
Attn: David L. Feltman
SEWER AND STORM WATER MAINTENANCE AGREEMENT
This Sewer andAStmn Water Maintenance Agreement (this "Agreement') is dated as of
the 23rd day of Med i, 1996, by and between The Ostrom Family Limited Partnership
("OFLP") and Elk Grove Village (the "Village").
In consideration of good and valuable consideration, the receipt and sufficiency of which
is acknowledged by all parties, OFLP and the Village hereby agree as follows:
1. OFLP is the owner of that certain real property described on Exhibit A attached hereto
(the "OFLP Property").
2. Cooper Industries, Inc. is the owner of that real property located directly to the south
of the OFLP Property described on Exhibit A (the "Cooper Property").
3. The Cooper Property is subject to an easement in favor of the Village, which
easement property is legally described on Exhibit B (the "Easement Property").
4. The Village has granted to OFLP, its successor and assigns, a non-exclusive right
to use of the Easement Property to allow flow of sewer and storm water run-off from the OFLP
Property, across the Easement Property and into the Village sewer system.
5. OFLP hereby agrees that so long as it shall maintain the right to use of the Easement
Property, and provided adequate access to the Easement Property is provided, OFLP shall
maintain and repair (exclusive of capital costs of replacement of the same) the pipes and
infrastructure of materials and equipment owned by the Village and located in the Easement
Property.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first above written.
THE OSTROM FAMILY LIMITED
PARTNERSHIP
By: The Ostrom Family Corporation, its
general partner
By:
Thomas Ostrom
ELK GROVE VILLAGE
By: Dennis J. Gallitano
VILLAGE PRESIDENT
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STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
The undersigned, being a notary public for the State of Illinois, County of Cook does
hereby swear and certify that Thomas Ostrom appeared before me this day of March,
1996, and executed this Agreement, as President of The Ostrom Family Corporation, being the
general partner of The Ostrom Family Limited Partnership, as his own free will, on behalf of said
Partnership.
Notary Public
My Commission Expires:
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
The undersigned, being a notary public for the State of Illinois, County of Cook does
hereby swe$$r and certify that Dennis J. Gallitano appeared before me this 23rd day
of �Aa .4,96, and executed this Agreement, as the village President of Elk Grove
Village, as his own free will, on behalf of said Village.
Nora E. Layton
Notary Public
My Commission Expires: 5/28/98
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EXHIBIT A
LEGAL DESCRIPTION OF REAL ESTATE
LOT 159 IN HIGGINS INDUSTRIAL PARK UNIT 112, BEING A SUBDIVISION IN THE
NORTHEAST 1/4 OF SECTION 27, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, AS SHOWN ON THE PLAT OF SUBDIVISION RECORDED
SEPTEMBER 4, 1973 AS DOCUMENT NO. 22463925, IN COOK COUNTY, ILLINOIS.
PIN: 08-27-201-002-0000
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LEGAL DESCRIPTION
OF
STORM SEWER EASEMENT
FOR THE BENEFIT OF METAL IMPACT COPRORATION
UNDER
THE NORTH 730 FEET OF THE WEST 15.00 FEET OF LOT 163 IN
HIGGINS INDUSTRIAL PART, UNIT 112, BEING A SUBDIVISION
IN THE NORTH EAST QUARTER OF SECTION 27, TOWNSHIP 41
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 4,
1973, AS DOCUMENT NUMBER 22463925, IN COOK COUNTY,
ILLINOIS. SAID EASEMENT CONTAINS 10,950 SQ. FT. = 0.251 ACRES,
MORE OR LESS.
BY: DATED: MARCH 18, 1996
WILLIAM C. DOLAND II, P.L.S. 42732
TOTAL P.02