Loading...
HomeMy WebLinkAboutRESOLUTION - 42-84 - 5/22/1984 - GRANT OF EASEMENT/EASEMENT AGREEMENTRESOLUTION NO. 42-84 9 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT TO EXECUTE AN EASEMENT AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND PARKWAY BANK AND TRUST COMPANY FOR THE GRANT OF EASEMENT AND EASEMENT AGREEMENT (ZIZZO PROPERTY) 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 l: That the Village President be and is hereby authorized to sign the attached documents marked: GRANT OF EASEMENT AND EASEMENT AGREEMENT 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 22nd APPROVED this 22nd ATTEST: `1%':lam Nq Mw day of May 1984. day of May 1984. GRANT OF EASEMENT AND EASEMENT AGREEMENT THIS INDENTURE made this 14th day of May, 19840 between PARKWAY BANK AND TRUST COMPANY, a corporation duly organized and existing under and by virtue of the laws of the State of Illinois and duly authorized to accept and execute trusts within the State of Illinois, not personally but as Trustee under the provisions of a Deed or Deeds in Trust duly recorded and delivered to said corporation in pursuance of a certain Trust Agreement dated the 23rd day of October, 1970 and known as Trust Number 1420, as Party of the First Part; and the Village of Elk Grove Village, a municipal corporation of Cook County, Illinois, as Party of the Second Part. PREPARED BY MARSHALL I. MOLTZ 77 WEST WASHINGTON W I T N E S S E T H: CHICAG0,1L 60602 WHEREAS, the Party of the Second Part, is pursuant to authority granted by applicable laws, as made and provided, extending its public waterworks system (hereinafter referred to as "Stystem" ), in Cook County, Illinois and in connection therewith is installing a watermain along Devon Avenue in a westerly direction for a distance of approximately 1800 lineal feet; and WHEREAS, such extension of its System consists of a twelve (12) inch watermain and necessary manholes and fittings appurtenant thereto; and WHEREAS, in order to construct its. System, it is necessary for the Party of the Second Part to obtain a perpetual easement, right, privilege and authority to construct, re -construct, repair, mrintain and operate a certain part of the System consisting of approximately 910 lineal feet of the twelve (12) inch watermain under and through certain premises owned by the Party of the First Part which are legally described on the attached Exhibit "A"; and WHEREAS, the Party of the Second Part is further desirous of having said easement include other public utilities in addition to water, such as sewer, drainage and C.A.T.V.; and WHEREAS, the Party of the First Part is willing to grant said perpetual easement requested by the Party of the Second Part and the rights, privileges and authorities hereinafter described, upon the terms and conditions hereinafter set forth: NOW, THEREFORE, in consideration of TEN and no/100ths ($10.00) DOLLARS and other good and valuable considerations, the receipt of which is hereby acknowledged and the mutual undertakings of the Parties, the Party of the First Part does hereby grant, sell and convey unto the Party of the Second Part, its successors and assigns, a perpetual easement, right, privilege and authority to construct, reconstruct, repair, replace, operate and maintain its System, together with an easement for sewer, drainage and C.A.T.V., under and through the premises described on the attached Exhibit "A", being a Plat of Easement for public utilities prepared by Frank J. Duda, Jr., an Illinois. registered land surveyor, dated March 5, 1934 and attached hereto and hereby made a part of this Grant of Easement, subject to the terms and conditions hereinafter set forth. 2 1. The exclusive use of the said easement estate is not hereby granted to the Party of the Second Part, its successors and assigns; and any such exclusive use is hereby expressly excluded. In addition, the Party of the First Part, its successors and assigns, reserves the right to use the easement premises for any purpose whatsoever, including any subsurface use that is compatible with the use of the easement premises by the Party of the Second Part, its successors and assigns, provided however, that such use of the easement premises by the Party of the First Part, its successors and assigns, shall not interfere with or damage the System and provided further, that no permanent structures shall be constructed upon the surface of the easement premises, and provided, further, that during the period that Party of the Second Part is initially constructing its System and placing it in operation, the Party of the First Part shall not utilize the easement premises for any purpose whatsoever during said time period. 2. The Party of the Second Part, its successor and assigns, hereby grants to Party of the First Part, its successors and assigns, the right to tap directly into said watermain and other public utilities contained in its System provided however, that the Party of the First Part, its successors or assigns, annexes its property into Elk Grove Village and pays its prorata share of recapture charges and such other connection and inspection charges as may be required by the Village Ordinances which may be in effect a.t such time. In this connection, the Party of the Second Part agrees that it shall at all times permit the Party of 3 the First Part, its successors or assigns, to annex into the Village of Elk Grove Village, providing the requirements set forth in this paragraph and other applicable ordinances are met. 3. The Party of the Second Part, its successors and assigns, shall have the right of access onto the lands owned by the Party of the First Part, its successors and assigns, from the nearest public roadway adjacent thereto for the purpose of reconstruction, repair, maintenance, or operation of its System and other public utilities, but the Party of the Second Part, its successors or assigns, shall be responsible for any damage to the lands owned by the Party of the First Part, its successors or assigns, by reason of such repairs, installation or maintenance and the lands owned by the Party of the First Part, including the surface thereof shall be repaired and restored to the condition which existed prior to the undertaking of such installation or repairs or maintenance by the Party of the Second Part, its successors or assigns. 4. The Party of the -Second Part, its successors and assigns, hereby assumes full liability for any and all loss, costs, damages and expenses of any kind and character whatsoever which may be suffered by the Party of the First Part, its successors and -assigns, by reason of the failure of the Party of the Second Part, its successors and assigns, to properly repair and restore the land owned by the Party of the First Part, its successors and assigns, to the condition as existed prior to the undertaking of said installation or repairs or maintenance. 2 5. Further, the Party of the Second Part, its successors and assigns, hereby assumes full responsibility for and liability for and agrees to save and hold harmless the Party of the First Part, its successors and assigns, from any and all loss, costs, damages or expenses of any kind and character whatsoever which the Party of the First Part, its successors or assigns, may suffer, incur or sustain or with respect to which it may become liable as a result of any injury to or death of persons or loss or damage to property arising out of, resulting from or in any way attributable to the installation, repair and maintenance or operation of or work done or performed under the authority of or pursuant to the direction of the Party of the Second Part, its successors and assigns, or its agents or servants or employees in connection with this grant of easement over, along and upon the lands owned by the Party of the First Part, its successors and assigns by virtue of any action, suit, or suits against the Party of the First Part, its successors and assigns. In the event of any such claims, as aforesaid, with respect to which the Party of the Second Part, its successors or assigns, has assumed full responsibility, the Party of the First Part, its successors or assigns, shall promptly give written notice to the Party of the Second Part, its successors and assigns, of the commencement of any such suits or actions with respect to which the Party of the Second Part, its successors or assigns, is required to defend and save and keep harmless the Party of the First Part, its successors and a.ssions. 6. Further, the Party of the Second Part, its successors and assigns shall save and keep harmless the Party of the First Part, its successors and assigns, from claims for mechanic's liens arising from the initial installation and construction work, repairs, maintenance, replacement or for any other improvements made by or placed upon the easement premises by the Party of the Second Part, its successors or assigns. 7. Both Party of the First Part and Party of the Second Part covenant and agree that the statements and representations set forth in the preamble to this Agreement are incorporated by reference into the body of this Agreement and are made a part hereof as if fully set forth herein. 8. The rights, privileges and burdens and all terms, conditions and covenants created hereunder shall be a covenant running with the lands of all Parties hereunder and shall inure to the benefit of and become binding upon the Parties hereto and their successors and assigns. 9. The Party of the First Part, represents that it is the fee simple title holder of the property legally described in Exhibit "A" attached hereto and made a part hereof and that it possesses full and complete authority to execute this Agreement for the uses and purposes herein set forth and that this Agreement is executed by the Party of the First Part, as Trustee as aforesaid, pursuant to and in exercise of the power and authority granted to and vested in it by the terms of said deed or deeds in trust and the provisions of the said Trust Agreement above mentioned and of every other power and authority thereunto 0 enabling and the covenants and undertakings herein made and entered into are made and entered into by it solely for the purpose of binding the trust estate; and it is expressly agreed by the Parties hereto and by all parties claiming, by, through or under them that no personal liability is assumed by or shall at any time arise or be asserted or enforced against Parkway Bank and Trust Company in its individual capacity or against any beneficiary under said trust agreement on account of this Grant of Easement or on account of the covenants herein contained, either express or implied, all such liability, if any, being expressly waived and released by the Party of the Second Part and by all persons claiming by, through or under them and the recourse hereunder, if any, by the Party of the Second Part, its successors or assigns shall be limited exclusively to the assets of the trust estate from time to time subject to the provisions of the said trust agreement. 10. The Party of the Second Part has executed this Agreement as a municipal corporation, pursuant to the codes and ordinances of said municipality and the approval by its Board of Trustees and Plan Commission, and the applicable laws of the State of Illinois and the Party of the Second Part represents and warrants that it possesses full and complete authority, direction and power to execute this Agreement for the uses and purposes herein set forth. 7 IN WITNESS WHEREOF, the Parties have caused their Corporate Seals to be affixed thereto and have caused their names to be signed to these presents by their duly authorized Corporate Officers the day and year first above written. PARKWAY BANK AND TRUST COMPANY, as Trustee, as aforesaid, under its Trust Number 1420 and not personally BY: Vice President and Trust Officer ATTEST: Assistant Vice President VILLAGE OF ELK GROVE VILLAGE, a municipal corporation of the State of I 1 1%iA i s By ATTEST �, ;,�� Village Cler PARTY OF THE SECOND PART c; PARTY OF THE FIRST PART STATE OF ILLINOIS) ) SS. COUNTY OF COOK ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do certify that , Vice President and Trust Officer of PARKWAY BANK AND TRUST COMPANY and President of , the Assistant Vice PARKWAY BANK AND TRUST COMPANY who are personally known to be the same persons whose names are subscribed to the foregoing Instrument as such Vice President and Trust Officer and as such Assistant Vice 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 corporation for the uses and purposes therein set forth; and the said Assistant Vice President then and there acknowledged that she as the custodian of the corporate seal of the said corporation caused the corporate seal of the said corporation to be affixed to said instrument as her own free and voluntary act and as the free and voluntary act of said corporation for the uses and purposes therein set forth. Given under my hand and notarial seal this 1984. Notary Public Commission expires: F9 day of STATE OF ILLINOIS) ) SS. COUNTY OF COOK ) I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, do certify that Charles J. Zettek 1 the president of the Village of Elk Grove Village, and Patricia S. Smith I the Village Clerk of the Village of Elk Grove Village, who are personally known 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 acknowleged that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said municipal corporation for the uses and purposes therein set forth; and the said Village Clerk then and there acknowledged that she as the custodian of the corporate seal of the said corporation caused the corporate seal of the said municipal corporation to be affixed to said instrument as her own free and voluntary act and as the free voluntary act of said municipal corporation for the uses and purposes therein set forth. Given under my hand and notarial seal this x-5 day of 1984. Notary Pu is Commission expires: 10