Loading...
HomeMy WebLinkAboutRESOLUTION - 16-85A - 3/12/1985 - DECLARATION OF EASEMENTRESOLUTION NO. 16-854 A RESOLUTION ACCEPTING A DECLARATION OF EASEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND MOUNT PROSPECT STATE BANK AS TRUSTEE UNDER TRUST AGREEMENTS NO. 684 AND 1335 (SERFECZ/BURGER KING) 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 be -and is hereby authorized to accept the attached documents marked: DECLARATION OF EASEMENT a copy of which is attached hereto and made a part hereof as if fully set forth. Section 2: That the Village Clerk of the Village of Elk Grove Village 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. PASSED this APPROVED this ATTEST: Patricia S. Smith Village Clerk 12th day of 12th day of March March , 1985. 1985. Charles J. Zettek Village President DECLARATION OF EASEMENT THIS INSTRUMENT is made by MOUNT PROSPECT STATE BANK as Trustee under Trust Agreement dated September 20, 1977 and known as Trust No. 684 and by MOUNT PROSPECT STATE BANK as Trustee under Trust Agreement dated July 20, 1983 and known as Trust No. 1335 (collectively herein referred to as the "Owner"). W I T N E S S E T H: WHEREAS, the Owner is the owner of all of the following described property located in the Village of Elk Grove, County of Cook and State of Illinois: Lot 1 in the Serfecz Subdivision, being a subdivision of part of the west half of the northeast quarter of Section 32, Township 41 North, Range 11 East of the Third Principal Meridian in Cook County, Illinois accordingg to the Plat thereof recorded as Document No. 2693949h (the "Property"); and WHEREAS, the Owner has improved the property with a restaurant building which is served by water lines carrying water supplied by the Village of Elk Grove; and WHEREAS, Owner has installed a water shut off valve on the water lines serving the property; and WHEREAS, the Village of Elk Grove has requested Owner to declare an easement in favor of the Village for purposes of enabling the Village to enter into the property and to use the water shut off valve installed by Owner, where conditions necessitate the same. NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration receipt whereof is hereby acknowledged, Owner hereby declares as follows: 1. A perpetual blanket easement is hereby created in. favor of the Village of Elk Grove for ingress and egress to and from the water shut off valve located on the water lines servicing the building constructed on the property, and to utilize such shut off valve for purposes of generating or shutting off the flow of water through the valve for such purposes as the Village may be authorized under the Ordinances of the Village or the laws of the State of Illinois. 2. The easement created by this Declaration shall run with and bind the real property described herein and may be enforceable by the Village or its successors against the Owner or its successors in title to the property. IN WITNESS WHEREOF, Owner has hereto caused these presents to be executed by the duly authorized officers this 17th day of October, 1984. MOUNT PROSPECT STATE BANK as Trustee under Trust Agreement dated September 20, 1977 and known as Trust No. 6884 By: Its 4; _ C'^� << r' MOUNT PROSPECT STATE SANK as Trustee under Trust Agreement dated July 20, 1983 and known as Trust No. 1335 STATE OF ILLINOIS) ) SS. COUNTY OF COOK ) I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that 15�5T-r- p p, Wg1" , personally known to me to be the V,t E President of MOUNT PROSPECT STATE BANK, anF— f�t,L- M,, REEr./E , personally known to me to be the Secretary thereof, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me in person and severally acknowledged that as such Nie � President and Secretary of said corporation, they signed and de, ivered this instrument and the A c s r Secretary caused the corporate seal to be affixed thereto pursuant to authority given by the Board of Directors of the corporation as their free and voluntary act and as the free and voluntary act and deed of said corporation as Trustee for the uses and purposes therein set forth. G,�ve,� under my hand and official seal this /ft.day of , 1984. c"" p Z _ Notary Pu is My Commission Expires: 7-30 -L— This Instrument is signed by MOUNT PROSPECT STATE HANK, not individually but sowy as Trustee certain Trust Agfr,3mc -t ,- -.,c c= irsst Co.. Said Trust .1,r_o.nent s:�e ^art aroof and anY c,a:nrs age -- _ the sigmnri o- t _.. . ,tern Of any ir_L - - »[ � said SrU:.--J� - _,•__ formcnce of implied e o: mr .. _ _ of the t'L o ac f to .. _ c.: - _- ; .:t tat, iesPzct tr.,-.rmo. .-s✓ - .. .7v o£ MOUNT PRCSY&CT. S.-v:.i ir. id pis n.:ce;,y +;;j.zsr,:Y waived by the Paries hetero and their respecuve successors and assigns. -4- STATE OF ILLINOIS) ) SS. COUNTY OF COOK ) I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that Pr -TER 17. We L rfn , personally known to me to be the C.E President of MOUNT PROSPECT STATE BANK, and , personally known to me to be the Secretary thereof, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me in person and severally acknowledged that as such Vfe F President and g s -r- Secretary of said corporation, they signed and delivered this instrument and the 4 ss -r Secretary caused the corporate seal to be affixed thereto pursuant to authority given by the Board of Directors of the corporation as their free and voluntary act and as the free and voluntary act and deed of said corporation as Trustee for the uses and purposes therein set forth. G'en under my hand and official seal this .day v of NU, , 1984. Notary Public My Commission Expires: 7- 3'e) -L5— This Instrument is signed by MOUNT PROSPECT STATE BANK, not individual:y but solely as Trust. nQer a certain Trust Agrcem.-^: 'mcXa es Tr -:rt 1,0' t� Said Trust ASr-_c air' -z - _ ,., _ _-„ -,2t-of and any c'.a:ms a',c _. _ •. [__.,. ,.,:ro^a the s:rn�ng o. of an; : - - _ - said imp' P.' O. S' Of the Ct:e o, sLi.t , respect thereto. e.c�' v_t_ilia_iti[ of MOUNT PRCG?ECT --Pdi rs h�Ly ezp: sexy waived by the parties hereto and their respective successors and assigns. This instrument was prepared by Chzrles L. Byrum, 72 West Adams Street, Room 1500, Chicago, III. 60603 After recording, please return to Recorder's Box 196 —'fAitla M10W 10390 J�N1� —�— d3av 3dVDSONVI aOHd wa i w w¢ ¢; a 3 S 3131b•!0 ONIUIX3 \\ Q a u � a U'W R m \ (Oy2 6 —'fAitla M10W 10390 J�N1� —�— d3av 3dVDSONVI aOHd wa i w w¢ ¢; a 3 S 3131b•!0 ONIUIX3 r e 26 t; c�67 I DECLARATION OF INTENT 3© 1 TO PROVIDE EASEMENTS COPY THIS INSTRUMENT is made by MOUNT PROSPECT STATE BANK as Trustee under Trust Agreement dated September 20, 1977 and known as Trust No. 684 and by MOUNT PROSPECT STATE BANK as Trustee under Trust Agreement dated July 20, 1983 and known as Trust No. 1335 (collectively herein referred to as the "Owner"). W I T N E S S E T H: WHEREAS, the Owner is the owner of all of the following described properties which are contiguous to one another and located in the Village of Elk Grove, County of Cook and State of Illinois: PARCEL A The East 810.0 feet, as measured along the North line of the North 850.0 feet, as measured along the East line of the Southwest quarter of the Northeast quarter of Section 32, Township 41 North, Range 11, East of the Third Principal Meridian (excepting from said parcel that part lying South of a line drawn from a point in the East line of said parcel 620.18 feet South of the Northeast corner of said parcel, to a point in the West line of said Parcel, 635.14 feet South of the Northwest corner of said parcel and excepting from said parcel the East 245.0 feet, as measured along the North line of the North 260.0 feet, as measured along the East line thereof) in Cook County, Illinois, hereinafter called Parcel A; and PARCEL B The east 810.0 feet, as measured along the North line of the North 850.0 feet, as measured along the East line, of the Southwest quarter of the Northeast quarter of Section 32, Township 41 North, Range 11, East of the Third Principal Meridian, (excepting from said parcel that part lying North of a line drawn from a point in the East line of said parcel 620.18 feet South of the Northeast corner of said parcel, to a point in the West line of said parcel, 635.14 feet South of the Northwest corner of said parcel) in Cook County, Illinois, hereinafter called Parcel B; and PARCEL C The East 810.0 feet as measured along the North line of the North 1170.0 feet, as measured along the East line of the Southwest quarter of the Northeast quarter of Section 32, Township 41 North, Range 11, East of the Third Principal Meridian (excepting from said parcel the North 850.0 feet as measured along the East line of the Southwest quarter of the Northeast quarter of said Section 32) in Cook County, Illinois, hereinafter called Parcel C; and PARCEL D The East 419.0 feet as measured along the North line of the North 1,250.0 feet as measured along the East line of the Southwest Quarter of the Northeast Quarter of Section 32, Township 41 North, Range 11, East of the Third Principal Meridian (excepting from said parcel the North 1,170.0 feet as measured along the East line of the Southwest Quarter of the Northeast Quarter of said Section 32) in Cook County, Illinois, hereinafter called Parcel D; and WHEREAS, there presently exists on the subject properties certain sanitary sewer and water lines servicing the various buildings constructed on the premises; and WHEREAS, Owner has subdivided a portion of Parcel C and Parcel D into a 1 lot subdivision with dimensions of 196.50 feet (east and west) x 125.02 feet (north and south) known as: -2- Lot 1 in the Serfecz Subdivision, being a subdivision of part of the west half of the northeast quarter of Section 32, Township 41 North, Range 11 East of the Third Principal Meridian in Cook County, Illinois according to the Plat thereof recorded as Document No. 2693949_4 ("Lot 1"); and WHEREAS, Owner has installed certain sanitary sewer and water lines over, upon and across Parcels C and D for purposes of providing service to the building to be constructed on Lot 1 of the Serfecz Subdivision aforesaid; and WHEREAS, Owner will continue to own Lot 1 and during such ownership it will not be necessary to create easements for the continued use of the sanitary sewer lines and water lines within Parcels C and D because of the common ownership of Lot 1 and Parcels C and D aforesaid; and WHEREAS, Owner desires to make this Declaration and record the same with the Recorder of Deeds of Cook County, Illinois, to make it a matter of public record that when and if Lot 1, aforesaid, is sold or conveyed by Owner, the party receiving title thereto shall be entitled to easements for use and maintenance of the sanitary sewer and water lines located in Parcels C and D serving Lot 1. NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration receipt whereof is hereby acknowledged, Owner hereby declares as follows: -3- 1. At such time as Owner sells or conveys Lot 1 in the Serfecz Subdivision described above, Owner shall (i) in the deed of conveyance of Lot 1 or (ii) in a separate grant of easement, grant easements for the use of the sanitary sewer and water lines presently located in Parcels C and D for the benefit of Lot 1 and shall deliver the same to the Purchaser of Lot 1 or a part of the conveyance to Lot 1. 2. This Declaration is placed of record for purposes of providing notice to any subseuent Purchaser of Lot 1 from Owner that he is entitled to receive the easements for sanitary sewer and water described herein. IN WITNESS WHEREOF, Owner has hereto caused these presents to be executed by the duly authorized officers this 17th day of October, 1984. MOUNT PROSPECT STATE BANK This lnetnrt is signed by MOUNT PRO SPECT STATE as Trustee under Trust Agreement HAIv'{, not ind:vidua.. 7 ':ut oo:ely as :ruste t ce[tam :rest Aasencr.; ,.:;.yn._,�q':ast 1-isto r.° dated September 20, 1977 and known as £aid 1'rst_:r.^.nnt s _ part hereof and Trust No. 684 an7 cc_cn: '!'J- the :,Lthe s. n.^.7 c.:, of Fc.d _ -• and JJ//��jj t r an-� ���G� tc 'u t �[ BY: —1 of the tit-, n t :> a -". t or 1,t.on Its 1, : 22�CS- IGSPeCI L:rd.•). J. nay ',i ae y exp '.V.ta / '1 /� �%` .rn u'.1 p„vo::al iiabi1i[y of tS� 1/\//, MOUNT by the E P ties iC LNMiC to hereby expresvly waived009 by the paras. hereto and their respective succeeeore and oea[pna _J2r� -4- MOUNT PROSPECT STATE BANK as Trustee under Trust Agreement dated July 20, 1983 and known as Trust No. 1335 By 461f..� This Instroaeni is signed by MOUIrr 11110MECT SMTF BA -T:". not 'Uc'!Y kt -o'? co I'ms. I Lt t r�er.;at and - , -,it : 'r^m Y-: I in n 4 71 i'l 2 o c1'y vat Ci .;.7 .1 ­: � - 3 , aid pav or Ito; _j orcoa,a -01 of the Tit, at zzld or :Lc _,.!V agraaMent :v:th 1,.I: Z_1 oil Itability of MOUNT FACS2ECT STA'I-' a 14K is hereby expressly waived by the parties helart, and their respective successors and assigns. -5- STATE OF ILLINOIS) ) SS. COUNTY OF COOK ) I, the undersigned, a Notary Public in and for the County and St to aforesaid, do hereby certify that �-f? r , personally known to me to be the icQ President of MOUNT PROSPECT STATE BANK, and rlCL �1�hP personally known to me to be the 451,K Secretary thereof, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me in person and severall acknowledged that as such !C,r, President and ss1� Secretary of said corporation, they signed and delivered this instrument and the �.Y- Secretary caused the corporate seal to be affixed thereto pursuant to authority given by the Board of Directors of the corporation as their free and voluntary act and as the free and voluntary act and deed of said corporation as Trustee for the uses and purposes therein set forth. Given under my hand and official seal this AP7/lday ofr , 1984. Nota Pu lic My Commission Expires: 7-30— am '30— am STATE OF ILLINOIS) ) SS. COUNTY OF COOK ) I, the undersigned, a Notary Public in and Aor the County and State aforesaid, do hereby certify that {'.,��- Z, 6az[11"'- , personally known to me to be the V,4 .0 President of MOUNT PROSPECT STATE BANK, and iu z H o , personally known to me to be the Secretary thereof, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before, person and several y acknowledged that as such (in President and Secretary of said cor oration, they signed and delivered this instrument and the Secretary caused the corporate seal to be affixed thereto pursuant to authority given by the Board of Directors of the corporation as their free and voluntary act and as the free and voluntary act and deed of said corporation as Trustee for the uses and purposes therein set forth. Given under my hand and official seal this IP�k day of n(�kp?�- , 1984. 64 ; Notary Public 66 My Commission Expires: I 3 0-R PIN: 08-32-202-014 08-32=202-015 08-32-202-016 08-32-202-017 T`,is instmmeci wes pr^pared 'oy Carlos L. Byrum, 72 ''Ncst Adams Street Room 1500, Chicago, W. 60303 Location of property: Southwest corner of Arlington Heigts Road and Biesterfield Road Elk Grove, Illinois After recording, please return to Recorder's Box 196