The URL can be used to link to this page

Home My WebLink AboutRESOLUTION - 45-89 - 7/25/1989 - GRANT OF EASEMENT/SIDEWALKRESOLUTION NO. 45-89 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE A GRANT OF EASEMENT FOR PUBLIC SIDEWALK ELK CROSSING SHOPPING CENTER 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 Elk Crossing Shopping Center 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 25th day of July , 1989. APPROVED this 25th day of July , 1989. Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk GRANT OF EASEMENT FOR SIDEWALK THIS GRANT made this —4? day of _� oteQ , 1989, by Lasalle National Bank,, as Trustee under Trust No. 110893 (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 tracts of land legally described as follows: LOT 1 IN THE ELK CROSSING SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF THE NORTHEAST OF SECTION 32, TOWNSHIP 41 NORTH, RANCE 11 CAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RCCORDED MARCH 19, 1987 AS DOCUMENT NUMBER 87148082. ("PARCEL 1"); and LOT 4 IN THE ELK CROSSING SUDDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF THE NORTHEAST OF SECTION 32, T(AVNSIIIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS ACCORDING TO THE PLAT THEREOF RECORDED MARCH 19, 1987 AS DOCUMENT NUMBER 87148082. ("PARCEL 2"); and WHEREAS, the Grantee is or may becone the owner of certain sidewalks located within the easternmost six feet of Parcels 1 and 2; 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 or remove said sidewalks within the easternmost six feet of Parcels 1 and 2; 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 Or 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 a sidewalk over that portion of Parcels 1 and 2 shown as improved with a sidewalk on the site drawing attached hereto as Exhibit A and made a part hereof. In no event may Grantee construct or maintain a sidewalk to the west of the sidewalks shown in Exhibit A. Grantor grants to Grantee, for the general use and benefit of the public a perpetual right of ingress and egress over the eastern six feet of Parcels 1 and 2 for purposes of maintaining, replacing or repairing the sidewalks. 2. RESTRICTION ON GRANTEE'S USE OF SURFACE OF PARCELS 1 AND 2. Grantee agrees not to disturb the surface of Parcels 1 and 2, except as required in the exercise of its rights under this Easement Agreement. Should grantee disturb the surface of Parcel 1 or 2. Grantee agrees that upon completion of all work, Grantee will, reconstruct or repair any improvements which are disturbed and will fill, grade, replant, landscape and take all steps to do all other things as are .reasonably necessary to return Parcel 1 or 2, its surface and improvements thereon, to substantially the same condition as that which existed immediately prior to such disturbance. J. 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 -� within a reasonable time of said completion, .whj. k in any way arise out of or result either directly or indirectly from the exercise, use or enjoyment of any rights or obligations granted Grantee under this Easement Agreement. 4. RUNNING OF BENEFITS AND BURDENS. The recitals herein before set forth are hereby made a part of this Agreement. All provisions of this Agreement, including the benefits and burdens, are intended to and shall run with the land and are binding upon and 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 Agree ment by appropriate :action, and, should it prevail in such litigation, it :,hall recover as part of its costs reasonable attorneys' fees and expenses. 7. CONSTRUCTION. The rule of strict construction shall not apply to this Grant. This Grant shall be given a reason- able 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. a. NOTICE. Grantor's address is 142 E. Ontario Street, 18th floor, Chicago, Illinois 60611 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. Nail 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. This Easement Agreement is granted and co neyed subject to any and all matters of 'public record or existng on the ground which affect r' eastern 6 feet of Parcels 1 and 2, inclling b t.li�itrd to ((a) hat certa r nt of Easement recorded as Document o. 874�i, .j in oo Coudty I Iinols an� 11� that certain L0 toot easemte((n)�t� ford'''under round ubli ut':�j}ti�r, sewer, w ter d ai 'gag nd cable television, 9r/g�i256Eflb�ntt�ie �ieccor�er��a�fiiceu0(Elfookro�oune°y;dgjldnoi�,l�, T989 as Document No. 9. RELEASE OF CASEMENT. The Grantee herein may terminate this Agreement by recording a release in recordable form with directions for delivery of same to Grantor at its last address, (liven pursuant hereto. In such event, the Grantee must (a) restore Parcels 1 and 2 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 easement agreement. For convenience, the release may run to "the owner or owners and parties in interest" in Parcel 1 and/or 2. ll." . 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. LA SALLE NATIONAL BANK, THE VILLAGE OF ELK GROVE VILLAGE, not individually but as a municipal corporation Trustee under Trust No. 110893 Ass't. Secretary By; Charles J. Zettek 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 W'.L" _[_9. %111 or. d=at:�ant 2'�,^,rvtf:rq a Trz:-8=`ter of LaSalle National Bank and a GB6 ;. IA"F President of said bank, personally known to me to be the same persons whose names zire subscribed to the foregoing instrument as such and President, 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. 77 - GIVEN GIVEN under my hand and Notarial seal this / day of 198. E"OFIFR OL 5E.AL" t 30, 1991 ♦r Notary Public / ', � . Ik N H STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I, the undersigned, a Notary Public in and for said County in the State aforesaid, DO ffEhEEY 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 instru- ment 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 thereinset 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 day of 1988. Notary Public