HomeMy WebLinkAboutRESOLUTION - 38-94 - 7/26/1994 - GRANT OF EASEMENT/1461 WILLIAM CLIFFORDRESOLUTION NO. 36-94
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 1461
WILLIAM CLIFFORD LANE (ZAPFEL)
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:
Section 1: That the Village of Elk Grove Village does hereby accept
the attached document marked:
Grant of Easement
for Storm Water Drainage
(1461 William Clifford Lane - Zapfel)
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.
ATTEST:
Patricia S. Smith
age Cle
Dennis J. Gallitano
Village President
GRANT OF EASEMENT FOR STORM WATER DRAINAGE
This Grant made this / fz�,- day of ��,cj , 1994
by David and Susan Zapfel (the "Grantors") to the Village of Elk
Grove Village, Cook and DuPage Counties, Illinois, a municipal
corporation (the "Grantee").
W I T N E S S E T H
Whereas, the Grantor's are fee owners of a tract of land legally
described as follows:
Lot 16 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
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, 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's 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 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 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 1461 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'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
BY:
cs A MUNICIPAL CORPORATION
David Zapfel
BY: Dennis J. Gallitano
Village President
i
BY :
Susan Zapfel! /
ATTEST: Patricia S. Smith
Village Clerk
STATE OF ILLINOIS J
) 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 _Z5'=4 day of
1994.
l
Notary Public
L"onf tllindeIM
OSRB/98
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 David zapfel ,
and Susan zagfei , 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 do day of
JK C y , 1994.
"OFFICIAL SEAL"
FIilda H. IngeUrigtssn
Notary Public, State of Illinois
My Commission Fxpires Apri13,199u
♦ww~r A
(SEAL)
i
✓LC
Notary Public