HomeMy WebLinkAboutRESOLUTION - 37-94 - 7/26/1994 - GRANT OF EASEMENT/1465 WILLIAM CLIFFORDRESOLUTION NO. 37-94
A RESOLUTION APPROVING A GRANT OF EASEMENT FOR STORM
WATER DRAINAGE BETWEEN THE VILLAGE OF ELK GROVE VILLAGE
AND THE OWNERS OF RECORD FOR PROPERTY LOCATED AT 1465
WILLIAM CLIFFORD LANE (HASSAN) _
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and Du Page, State
of Illinois:
Section 1: That the Village of Elk Grove Village does hereby accept
the attached document marked:
Grant of Easement
for Storm Water Drainage
(1465 William Clifford Lane - Hassan)
a copy of which is attached hereto and made a part hereof as if fully set
forth.
Section 2: That the Village Clerk is hereby directed to record a
certified copy of this Resolution with the Recorder of Deeds of Cook
County, Illinois.
Section 3: That this Resolution shall be in full force and effect
from and after its passage and approval according to law.
VOTES:
AYES:
6
NAYS: 0 ABSENT: 0
PASSED
this
26th
day of July 1994.
APPROVED
this
26th
day of July 1994.
Dennis J. Gallitano
Village President
ATTEST:
Patricia S. Smith
Village Clerk
GRANT OF EASEMENT FOR STORM WATER DRAINAGE
This Grant made thisday of , 1994
by Selouka Hassan (therantor") to the Village of Elk Grove
Village, Cook and Du Page Counties, Illinois, a municipal
corporation (the "Grantee").
W I T N E S S E T H
Whereas, the Grantor is the fee owner of a tract of land legally
described as follows:
Lot 17 in block 4 in Elk Grove Village Section 19, being a
subdivision in Section 36, Township 41 North, Range 10, east
of the third principal meridian, in Cook County, Illinois.
(Excepting therefrom that portion lying east of the west line
of Rohlwing Road per Document No. 11069335 dated April 5,
1932) [the "Subject Poperty"]; 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 stormwater drainage swale within the
northernmost five feet of the Subject Property; and,
Whereas, the Grantor is willing to grant said easement on the terms
and conditions hereinafter set forth, which easement is to the
benefit of the grantor.
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 keep,
maintain or improve a stormwater drainage
swale within the northernmost five feet of 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 northernmost 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, 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 herein-
before 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. ATTORNEYS' 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 1465 William Clifford Lane,
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 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 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
BY:. 1� A MUNICIPAL CORPORATION
Selouka Hassan
BY: Dennis J. Gallitano
Village President
ATTEST:
Patricia S. Smith
Village Clerk
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for said County in the
State aforesaid, DO HEREBY CERTIFY that Dennis J. Gallitano,
President of the Village of Elk Grove Village and Patricia S.
Smith, 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
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 25 day of
1
Goi 1994.
11 n
L4// -> �/
t l' G", Lu-�-
Notary Public
"OFFICIAL SEAL"
Nora E. Layton
N(gary Pd)k fte of Alkob
My Canmission E ' a 062fY01
STATE OF ILLINOIS )
)SS.
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for said County in the
State aforesaid, DO HEREBY CERTIFY that sa7nnka 77a.csan ,
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 %' day of
Ju Ly , 1994.
SAA�M/Y�
22jJ)) ul^r F1'1G..lti1/ VAit 11/1f
fiilJa fI. Ingebrigts:n
Notary Fn3;i State of I31irois
;!Y Commission Expires April 3,1995
:res✓yw,a+wwa
(SEAL)
Notary Public