HomeMy WebLinkAboutRESOLUTION - 56-92 - 9/8/1992 - GRANT OF EASEMENT/850 ELMHURST RD RESOLUTION NO. 56-92
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE
CLERK TO EXECUTE A GRANT OF EASEMENT FOR THE CONSTRUCTION
OF A STORM SEWER (850 ELMHURST ROAD) .
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 documents marked:
GRANT OF EASEMENT FOR STORM SEWERS
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.
PASSED this 8th day of September 1992.
APPROVED this 8th day of September 1992.
Charles J. Zettek
Village President
ATTEST:
Patricia S. Smith
i I I age C I erk By Ann I. Head
Deputy Vlg. Clerk
GRANT OF EASEMENT FOR STORM SEWERS
This Grant made this 25th day of August , 1992
by Elias R. zenkich (the "Grantor") 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 is fee owner of a tract of land legally described
as follows:
THAT PART OF THE NORTH 1/2 OF THE SOUTHEAST 1/4
OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 11 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE EAST LINE OF SOUTHEAST
1/4 WHICH IS A DISTANCE OF 562.00 FEET SOUTH OF THE
NORTHEAST CORNER OF SAID SOUTHEAST 1/4; THENCE WEST
ALONG A LINE WHICH IS 562.00 FEET SOUTH OF AND
PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST 1/4.
A DISTANCE OF 869.13 FEET; THENCE SOUTH PARALLEL TO
THE EAST LINE OF SAID SOUTHEAST 1/4. A DISTANCE OF
209.55 FEET; THENCE EAST PARALLEL TO THE NORTH LINE
OF SAID SOUTHEAST 1/4. 869.13 FEET TO THE EAST LINE
OF SAID SOUTHEAST 1/4; THENCE NORTH ALONG SAID EAST
LINE OF SAID SOUTHEAST 1/4. 209.55 FEET OF POINT OF
BEGINNING (EXCEPT THE EAST 50 FEET TAKEN BY THE STATE
OF ILLINOIS FOR ELMHURST ROAD), IN COOK COUNTY, ILLINOIS.
Whereas, the location of the easement is legally described as follows:
THAT PART OF THE NORTH 112 OF THE SOUTHEAST 1/4 OF
SECTION 26, TOWNSHIP 41N, RANGE 11E OF THE 3RD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT 771.55 FEET SOUTH AND 545.00 FEET
WEST OF THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4;
THENCE NORTH 25 FEET ALONG A LINE PARALLEL WITH THE
EAST LINE OF SAID SOUTHEAST 1/4; THENCE WEST 25 FEET
PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST 1/4;
THENCE SOUTH 25 FEET PARALLEL WITH THE EAST LINE OF
SAID SOUTHEAST 1/4; THENCE EAST 25 FEET PARALLEL WITH
THE NORTH LINE OF SAID SOUTHEAST 1/4 TO THE POINT OF
BEGINNING.
Page 2
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 utilities
within the easement area described above on the Subject Property;
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
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, construct,
repair or replace utility structures over the easement
area described above on the Subject Property and as
depicted on the site drawing attached hereto as Exhibit
A and made a part thereof. Grantor grants to Grantee,
for the general use and benefit of the public a
perpetual right of ingress and egress over the easement
area described above on the Subject Property for
purposes of maintaining, replacing or repairing the
utilities.
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.
Page 3
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 850 Elmhurst Road, Elk
Grove 7111eg" 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.
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 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.
THE VILLAGE OF ELK GROVE VILLAGE
A MUNICIPAL CORPORATION
By
Elias 2enkich Village President
ATTEST:
C1e:h by Ann I. Head
Deputy Village Clerk
STATE OF ILLINOIS )
SS.
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for said County in the
State of Illinois
/aforesaid, DO HEREBY CERTIFY that
personally known to me to be
the same persons whose name is subscribed to the foregoing instrument
respectively, appeared before me this day in person and acknowledged
that he signed and delivered said instrument as his own free and
voluntary act for the uses and purposes herein set forth. GIVEN
under my hand and Notarial Seal this YS fh day of
G9dGas7 ,
1992.
LAAMM
VUWn
AWARY AIJCSrA Notary Public
W.s�f 1995
(SEAL)
STATE OF ILLINOIS )
SS.
COUNTY OF COOK J
I, the undersigned, a Notary Public in and for said County in the
State of Illinois aforesaid, DO HEREBY CERTIFY that Charles J. Zettek,
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 here 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 day of 1992.
Notary Public