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HomeMy WebLinkAboutRESOLUTION - 30-91 - 4/23/1991 - GRANT OF EASEMENT/SIDEWALKRESOLUTION NO. 3n_91 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE A GRANT OF EASEMENT FOR SIDEWALK 10 KING STREET 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 Sidewalk 10 King Street 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 14th APPROVED this 14th ATTEST: Patricia S. Smith Village Clerk day of May 1991. day of May 1991. Charles J. Zettek Village President GRANT OF EASEMENT FOR SIDEWALK personally, but as Ttustee under a Trust Agreement dated March 24, 1965 and known as Trust Number 33454 (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 the fee owner of the tract of land legally described as follows (the "Property"): Lot 1 (except the Southerly 17 feet thereof) in Higgins Road Commercial Subdivision, Unit No. 6, being a Resubdivision in the West half of Section 22, Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois; and WHEREAS, the Grantee is or may become the owner of certain sidewalks located within the area described on Exhibit A attached hereto and made a part hereof (the "Easement Area"); 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 and remove said sidewalks within the Easement Area; 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 acknowledge, it is agreed by and between the parties as follows: This document was prepared by: Lee M. Smolen Sidley & Austin One First National Plaza Chicago, Illinois 60603 After recording this document should be returned to: Pat Smith Village Clerk Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, Illinois 60007 LaSALLE NATIONAL T=T IT A Successor Trustee to Nndav THIS GRANT OF of )41h1l . EASEMENT FOR 1991, bvXLA SIDEWALK is made as SALLE NATIONAL BANK, of this not personally, but as Ttustee under a Trust Agreement dated March 24, 1965 and known as Trust Number 33454 (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 the fee owner of the tract of land legally described as follows (the "Property"): Lot 1 (except the Southerly 17 feet thereof) in Higgins Road Commercial Subdivision, Unit No. 6, being a Resubdivision in the West half of Section 22, Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois; and WHEREAS, the Grantee is or may become the owner of certain sidewalks located within the area described on Exhibit A attached hereto and made a part hereof (the "Easement Area"); 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 and remove said sidewalks within the Easement Area; 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 acknowledge, it is agreed by and between the parties as follows: This document was prepared by: Lee M. Smolen Sidley & Austin One First National Plaza Chicago, Illinois 60603 After recording this document should be returned to: Pat Smith Village Clerk Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, Illinois 60007 1. GRANT OF EASEMENT. The Grantor grants to the Grantee for the general use and benefit of the public, a perpetual right and easement to keep, maintain, construct, repair and replace a sidewalk over the Easement Area. The Grantor grants to the Grantee, for the general use and benefit of the public a perpetual right of ingress and egress over the Easement Area for purposes of maintaining, replacing and repairing the sidewalks. 2. RESTRICTION ON THE GRANTEE'S USE OF THE PROPERTY. The Grantee agrees not to disturb the surface of the Property, except as required in the exercise of its rights under this Easement Agreement. If the Grantee disturbs the surface of the Property, the Grantee agrees that upon completion of all work, the Grantee will, within a reasonable period of time after said completion, reconstruct or repair any improvements which are disturbed and will fill, grade, replant, landscape and take all steps to do all other things that are reasonably necessary to return the Property, its surface and improvements thereon, to substantially the same condition that existed immediately prior to such disturbance. 3. INDEMNITY. The Grantee agrees to defend, indemnify and hold the Grantor, its beneficiaries, 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 to the Grantee under this Easement Agreement. 4. RUNNING OF BENEFITS AND BURDENS. The recitals herein set forth are hereby made a part of this Easement Agreement. All provisions of this Easement Agreement, including the benefits and burdens, are intended to and shall run with the land and are binding upon and shall 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 Easement Agreement by appropriate action, and, should it prevail in such litigation, it shall recover as part of its costs reasonable attorneys' fees and expenses. 6. NOTICE. The Grantor's address is c/o Newton N. Minow, One First National Plaza, Suite 4800, Chicago, Illinois 60603 and the Grantee's address is 901 Wellington, 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. -2- 7. RELEASE OF EASEMENT. The Grantee herein may release the easement granted herein by recording a release in recordable form with direction for the delivery of the same to the Grantor at its last address given pursuant hereto. In such event, the Grantee shall continue to indemnify the Grantor from all claims arising out of the Grantee's rights and obligations under this Easement Agreement. 8. CONSTRUCTION. The rule of strict construction shall not apply to this Easement Agreement. This Easement Agreement 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. 9. EXCULPATION OF TRUSTEE. This instrument is executed by the undersigned Trustee, not personally but as Trustee as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of the above described Trust Agreement. It is expressly understood and agreed that nothing in this instrument shall be construed as creating any liability whatsoever against said Trustee personally. LaSALLE NATIONAL TRUST N A Successor Trustee to LA SALLE NATIONAL BANK, THE VILLAGE OF ELK GROVE not individually but as VILLAGE, a municipal Trustee under Trust No. corporation 33454 By: $y; Charles J. Zettek It5'I Its: Village President Attest:' `.,"�t`z Attest: Patricia S. Smith Its: ASST Its: Village Clerk LMS91A63.SEC (5/2/91 11:18am) -3- STATE OF SS. COUNTY OF 1-11C ) LaSALLE NATIONAL TRUST, N A Successor Trustee to. I, the undersigned, a Notary Public in and for said County in he�gtate aforesaid DO HEREBY CERTIFY that JOSEPH!. LANG , a VICE PRESIDENT of*La Salle National Bank, and posemary o a ASSISTANT SECRETARY of said bank, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such VICE PRESIDENT and SECRETARY , 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 bank for the uses and purposes herein set forth. GIVEN under my 1991. J hand and Notarial Seal this Np day of -k-- 7CA:nA_JZ- Notary Public my Commission Expires: EXHIBIT A EASEMENT AREA AT THE SOUTHEAST CORNER OF THE PROPERTY (SAID CORNER ALSO BEING THE POINT OF INTERSECTION OF THE NORTHERLY RIGHT OF WAY OF HIGGINS ROAD AND THE WESTERLY RIGHT OF WAY OF KING STREET); THENCE WESTERLY ALONG THE SOUTH LINE OF THE PROPERTY A DISTANCE OF 6.0 FEET; THENCE NORTHEASTERLY TO A POINT ON THE EAST LINE OF THE PROPERTY, SAID POINT BEING A DISTANCE OF 6.0 FEET NORTHERLY OF THE SOUTHEAST CORNER OF THE PROPERTY; THENCE SOUTHERLY ALONG THE EAST LINE OF THE PROPERTY A DISTANCE OF 6.0 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. STATE OF ) SS. COUNTY OF ) I, the undersigned, a Notary Public in and for said County in the State aforesaid, DO HEREBY CERTIFY that the of the Village of Elk Grove Village and , the 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 and , 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 then and there acknowledged that , as custodian of the corporate seal of said Village of Elk Grove Village, affixed said seal to said instrument as 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 1991. Notary Public My Commission Expires: