Loading...
HomeMy WebLinkAboutRESOLUTION - 47-83 - 7/26/1983 - AGRMT/CENTEX HOMES/ RESOLUTION NO. 47-83 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT TO EXECUTE A CHARITABLE DONATION AGREEMENT WITH CENTER HOMES MIDWEST INC. IN ORDER TO ACQUIRE FEE SIDLE INTEREST FOR AN EASEMENT IN WINSTON GROVE SUBDIVISION SECTION 23A TO BE UTILIZED BY THE JOINT ACTION WATER AGENCY 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 President be and is hereby authorized to sign the attached documents marked: "CHARITABLE DONATION 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. ATTEST: PASSED this 26th day of July , 1983. APPROVED this 26th Village Clerk CHARITABLE DONATION AGREEMENT This agreement is entered into as of this 3rd day of October , 1983, by and between the Northwest Suburban Municipal Joint Action Water Agency, a municipal corporation of Cook County, Illinois ("Water Agency"); the Village of Elk Grove Village, a municipal corporation of Cook County, Illinois ("Village"); and Centex Homes Midwest, Inc., a corporation of Nevada with offices at 887 East Wilmette, Palatine, Illinois ("Centex"). RECITALS: A. Centex is the fee simple owner of the real estate legally described on Exhibit A attached hereto and made a part hereof ("Property"). B. The Water Agency pursuant to authority under applicable law is engaged in the process of transporting and distributing Lake Michigan water. C. The Water Agency wishes to acquire a perpetual easement for the purpose of installation, maintenance, repair and replacement of an above -ground building, under- ground piping, valves and appurtenances ("Water Facilities") over, under, through and across part of the Property. D. Centex wishes to contribute, donate, and give the fee simple interest in the Property to the Village, a member municipality of the Water Agency, upon the condition that the Village will grant to the Water Agency a perpetual Easement for the Water Facilities. NOW THEREFORE for and in consideration of the covenants and conditions contained herein the parties agree as follows: 1. Definitions. When used in this Agreement the following terms have the following meanings; a. Property: The real estate referred to in paragraph (A) of the recitals and legally described on Exhibit A. b. Grant: Grant of the fee simple interest in the Property by Centex to the Village. C. Date of the Grant: The date on which Centex effectively grants the Property to the Village. d. Deed: Deed described in paragraph (2) below; pursuant to which Centex will grant and convey the fee simple inter- ests in the Property to the Village. 2. Grant. Centex will grant the fee simple interest in the Property to the Village by a recordable quit claim Deed, in the form of Exhibit B attached hereto. 3. Easement. Immediately after the Grant and on the Date of the Grant, the Village shall grant to the Water Agency a permanent easement over, under, through and across that part of the Property legally described on Exhibit C attached hereto and made a part hereof ("Easement Property") and a temporary construction easement over, through and across that part of the Property legally described on -2- Exhibit D. The permanent and temporary easement grants shall be in the form of Exhibit E attached hereto. 4. Partial Release of the Security Lien. The Property is subject to a Trust Deed dated March 4, 1974 and recorded March 13, 1974 as Document No. 22652306 made by Vale Development Company, a corporation of Illinois, to Bob A. Littlejohn or Barry E. Gibbs, as Trustee, to secure a certain note. Prior to the Date of the Grant Centex will obtain a recordable release from the Trustee, releasing the Property from the Trust Deed. 5. Real Estate Taxes. Centex will pay for or be responsible for all real estate taxes chargeable to the Property pertaining to the time prior to the Date of the Grant whether or not they are then due and payable. The Village will pay for or be responsible for any and all real estate taxes chargeable to the Property pertaining to the time after the Date of the Grant. In connection with the real estate taxes chargeable to the Property for 1983 Centex and the Village will perform the following: a. Shortly after recording the Deed, the Village will file with the Cook County Assessor's office a petition requesting that from the Date of the Grant, the Property be exempt from any and all real estate taxes. b. Centex will pay the first installment of the 1983 real estate taxes, due in 1984 and charge- able to the Property. Upon receipt of the second -3- installment tax bill Centex shall notify the Village in writing. C. Prior to the due date of the second installment of the 1983 real estate taxes charge- able to the Property, the Village will file in the Cook County Tax Assessor's Office a Partial Certi- ficate of Error, requesting that the 1983 real estate taxes assessed against the Property be adjusted to reflect the Exempt Status of the Pro- perty from the Date of the Grant. d. Centex will cooperate to the extent necessary with the Village in obtaining: (i) the tax-exempt status for the Property, and (ii) any Certificate of Error requested pursuant to sub- paragraph 5(c); provided, however, that in no event will Centex be required to incur any costs or expense in connection with any such coopera- tion. 6. indemnification. The Water Agency agrees to indemnify and save, hold and keep Centex harmless from any costs and expenses incurred by Centex in connection with, arising out of, or resulting from (a) the Grant, including state, county and city transfer taxes, Centex's fees and attorney's fees for reviewing all documents executed in connection with the Grant or any other reasonable attorney's fees incurred in connection with this Grant or (b) payment -4- of the real estate taxes chargeable to the Property and pertaining to the time after the Date of the Grant including any costs or expenses incurred in connection with any petitions filed under paragraph 5. 7. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year first above written. CENTEX HOMES MMIDWES , INC. By iC� VJ! A :S FcZtF1';Fny THE VILLAGE OF ELK GROVE VILLAGE By At NORTHWEST SUBURBAN MUNICIPAL JOINT ACTION WATER AGENCY Attest: -5- Exhibit A Lot 9000 of Winston Grove Subdivision Section 23A in the South- west 1/4 of Section 25, Township 41 North, Range 10 East of the Third Principal Meridian. GEORGE 1:. COLE' NO. 821 I Exhibit B LEGAL FORMS September, 1970 QUIT CLAIM DEED Statutory (ILLINOIS) (Corporation to Corporation) (The Above Space For Recorder's Use Only) THE GRANTOR Centex Homes Midwest Inc . a corporation, created and existing under and by virtue of the laws of the State of and dulv authorized to transact business in the State of Illinois , for the consideration of Ten (510.00) --------------------------------------------"DOLLARS, in hand paid. and pursuant to authority given by the Board of Directors of said corporation CONVEYS and QUIT CLAIMS unto Elk Grove Village — a ,Ijp0 aa!ion Orrgtnized and existing under and by virtue of the laws of the State of Illinois havine its principal office at the following address 901 Wellington Avenue, Elk Grove Village, if 60007 all interest in the following described Real Estate situated in the County of and State of Illinois, to wit: Lot 9000 of Winston Grove Subdivision Section 23A in the South— west 1/4 of Section 25, Township 41 North, Range 10 East of the Third Principal Meridian. In Witness Whereof, said Grantor has caused its corporate seal to be hereto affixed, and has caused its name to be signed to these presents by its President, and attested by its Secretary, this day of , 19_. IMPRESS (NAME OF CORPORATION) Exhibit C That part of Lot 9000 of Winston Grove Subdivision Section 23A in the Southwest 1/4 of Section 25, Township 41 North, Range 10 East of the Third Principal Meridian, described as follows: Beginning at the Northeast corner of said Lot 9000; thence Westerly along the Northerly line of saiB Lot 9000, (said line being the North line of the Southwest 1/4 of'said Section 25) a distance of 50.00 feet; thence Southerly at right angles to the. previously described course a distance of 50.00 feet; thence Easterly at right angles to the previously described course a distance of 61.61 feet to the Easterly line of said Lot 9000; thence Northerly along the Easterly line of said Lot 9000 a distance of 51.33 feet to the point of beginning, all in Cook County, Illinois, containing 0.0640 Acres. Exhibit D PARCEL NO. 0305 TE That part of Lot 9000 of Winston Grove Subdivision Section 23A in the Southwest 4 of Section 25, Township 41 North, Range 10 East of the Third Principal Meridian, described as follows: Commencing at a point on the Easterly line of said Lot 9000, said point being 51.33 feet south (as measured along the Easterly line of said Lot 9000) of the Northeast corner of said Lot 9000, thence West 61.61 feet along a line parallel with the North line of said Lot 9000, thence North 50.00 feet, along a line perpendicular to the last described line, to the North line of said Lot 9000, thence West 15.00 feet along the North line of said Lot 9000, thence South 65.00 feet along a line perpendicular to the North line of said Lot 9000, thence East 80.00 feet, along a line perpendicular to the last described line, to the Easterly line of said Lot 9000, thence North, along the Easterly line of said Lot 9000, to the point of beginning, all in Cook County, Illinois, con- taining 0.039 Acres. 26869392 EASEMENT AGREEMENT This Easement Agreement is made between GRANTOR The Village of Elk Grove, a municipal corporation of Cook County, Illinois ("Grantor") and GRANTEE, Northwest Suburban Municipal Joint Action Water Agency, a municipal corporation, with its principal office at 101 Schaumburg Court, Schaumburg, Illinois 60193, its successors and assigns ("Grantee"). WHEREAS, Grantee, pursuant to authority granted by applicable laws, is planning to construct and operate a water system, including transmission pipelines, pumping and storage facilities and appurtenances thereto (together the "Water Facilities") for the purpose of transporting Lake Michigan water from Chicago to Grantee's member municipali- ties; and N WHEREAS, it is necessary for Grantee to obtain and Grantor is willing to grant a perpetual easement, right, permission, privilege and authority to construct, reconstruct, operate, maintain, inspect, repair, alter, replace, move and remove a portion of the Water Facilities on property owned by Grantor as well as a temporary construction easement, upon appropriate conditions and terms; NOW, THEREFORE, for good and valuable considera- tion the receipt and sufficiency of which is hereby acknow- ledged, -2 - Easement Grant. Grantor does hereby grant, bargain, sell and convey to Grantee a perpetual Easement, right, permission, privilege and authority to construct, reconstruct, operate, maintain, inspect, repair, alter, replace, move and remove above -ground buildings, water pipelines, valves, other water distribution equipment or appurtenances thereto ("Easement") under, upon, over, through and across the real estate situated in Cook County, Illinois legally described in Exhibit A ("Easement Premises") attached hereto and made a part hereof together with the right of ingress and egress to and from the Easement, for purposes of doing any and all matters and things necessary or convenient for the enjoyment of the Easement. The Easement shall be appurtenant to and for the enjoyment and benefit of other real property owned or subsequently acquired by Grantee, including, but not limited to, all property owned by the Grantee in Cook County and Du Page County, Illinois. Tem orar Construction Easement. Grantor does hereby urther grant, bargain, sell and convey to Grantee, a temporary nonexclusive easement, right, permission, privilege and authority ("Temporary Construction Easement") under, upon, over, through and across the real estate situated in Cook County, Illinois legally described in Exhibit B ("Temporary Construction Ease- ment Premises") attached hereto and made a part hereof during the construction of the Water Facilities for purposes of ingress and egress to the construction work, transportation, accommodation and storage of construction equipment, tools, materials and excavated earth, and any and all matters and things incidental to the construction of the Water Facilities or necessary or convenient for the enjoyment of the Temporary Con- struction Easement. The Temporary Construction Easement shall terminate, without further notice, two years from the date of commencement of construction of the Water Facilities by the Agency on the Easement Premises but not later than December 31, 1985. 3. Reservation. Grantor reserves the right to use the Easement Premises and Temporary Construction Easement Premises for purposes which will not interfere with Grantee's full enjoyment of the Easement and Temporary Construction Easement; provided that Grantor shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction on the Easement Premises, or diminish or substantially add to the ground cover over the pipelines. -3- 4. Public Utility hat Easement. Grantor further warrants that in the event tthe Water Facilities located on the Easement Premises require telephone and electric services access to which cannot be provided across the Easement Premises, Grantor upon written request by Grantee, shall not unreasonably withhold or delay consent to granting easements across, over, upon, or under the remainder of the real estate owned by Grantor of which the Easement Premises forms a part for provision of such services. S. Restoration. Grantee warrants, following completion of construction, it will return the surface of and improve- ments on the Easement Premises and the Temporary Construction Easement Premises to the condition which existed thereupon prior to the commencement of con- struction. In particular, Grantee covenants and agrees as follows: (i) Grantee will cause to be removed from the Easement Premises and Construction Easement Premises, any and all stored materials, excavation, debris, surplus material and construction equipment and will leave the premises in a neat and presentable condition. (ii) Grantee will cause the prompt restoration to smooth surface contours and neat condition of any portion of the trench which may have settled. Final driveway work, if any, shall be performed promptly when the time reasonably required to allow settlement of backfill has passed. (iii) Grantee shall resod any grass and replace any shrubs affected or destroyed by construction. Timing of such resodding and replacement shall be dependent upon seasonal conditions. 6. Hold Harmless. Grantee hereby expressly agrees to hold harmless and indemnify Grantor from and against any and all liability, including but not limited to, claims for mechanic's and materialmen's liens, resulting from the acts and work performed by Grantee pursuant to this Easement Agreement. As a prerequisite to any recovery therefor from Grantee, Grantor shall give written notice to Grantee of any such claim or the commencement of any such action, suit or defense thereof and Grantor shall have the right to defend or contest any such claim, action or suit. -4- 7. Title documents. In the event that Grantee applies for a title insurance policy insuring the Easement, Grantor will make available for inspection by the title company any evidence of title in his possession. S. Notice. Grantor's address is 901 Wellington Avenue, Elk Grove Village, Illinois 60007 and Grantee's address is Northwest Suburban Municipal Joint Action Water Agency, 101 Schaumburg Court, Schaumburg, Illinois 60193. Either party may lodge written notice of change of address with the other. All notices shall be sent by U.S. Mail to the addresses 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. Postal Service receptacle shall be evidence of such mailing. 9. Termination. The Grantee herein may terminate this Agreement by recording a release in recordable form with directions for delivery of same to Grantor at his last address given pursuant hereto whereupon all rights, duties and liabilities hereby created shall terminate. For convenience such instrument may run to "the owner and parties interested" in the Easement Premises. 10. Successors and Assi ns. The rights and obligations of Grantor an Grantee, respectively, hereunder, shall inure to the benefit of and be binding upon their respective heirs, successors and assigns in office and in title to the properties described on the attached Exhibits A and B, and all terms, conditions, including all benefits and burdens, and covenants herein shall run with the land. 11. Water Facilities. Grantor hereby disclaims any right, title and interest in and to the Water Facilities con- structed and installed by Grantee on or under the Ease- ment Premises. Grantee hereby acknowledges ownership, dominion and control of the Water Facilities for public use and agrees to maintain, repair and replace the same as required. r~ 1 T tz v►: -5 - IN WITNESS WHEREOF Grantor and Grantee have caused this Agreement including Exhibits A and B this 2s 'Q` day of ©cromma- , 198 3 ELK GROVE VILLAGE 1-7 i �'X� . v NORTHWEST SUBURBAN MUNICIPAL JOINT CTIOLN^WA,TERG CY By:'�1// / Charles J. Z tek, hairman T, 1L" a.J CC N This instrument prepared by: .�I�' �� Maria N. Saldana A Isham, Lincoln & Beale Three First National Plaza Suite 5200 Chicago, Illinois 60602 (312) 558-7500 STATE OF ILLINOIS ) SS COUNTY OF COOK ) I, itletA E L.A44oJ , a Notary Public in and for said County, in th State aforesaid, DO HEREBY CERTIFY that CI-IAR%-r.% 7. ZCT EK and xw rwn>z Su;aic as Prraw',agr,T and ACTING I" U4.'%r C�n.rc '6earaia6y of ELK GROVE VILLAGE, a mun cpal corporation of Illinois, who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such I�ass�owT and A&reyo Vo wsoi Clcn.ic s" l!eba ; of said corpora- tion 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 said Acy. oV;uAacCLwu0ve*atazy. did then and there acknowledge that he, as custodian of the corporate seal of said corporation, did affix the corporate seal of said corporation to said instrument as his own free and voluntary act and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVIFN under my hand and notarial seal this 6;` 19. w. Q, �3sion Expires: STATE OF ILLINOIS SS COUNTY OF COOK -7 - I, 1/.0A F. 44VA92 , a Notary Public in and for said County, in t e State aforesaid, DO HEREBY CERTIFY that Charles J. Zettek, as Chairman of the Northwest Suburban Municipal Joint Action Water Agency, and Charles A. Willis as Secretary of said Northwest Suburban Municipal Joint Action Water Agency, who are personally known to me to be the same persons whose names are subscribed to the fore- going instrument as such Chairman and Secretary of said Northwest Suburban Municipal Joint Action Water Agency, respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instru- ment as their own free and voluntary act and as the free and voluntary act of said Northwest Suburban Municipal Joint Action Water Agency, for the uses and purposes therein set forth; and said Secretary did then and there acknowledge that he, as custodian of the corporate seal of said North- west Suburban Municipal Joint Action Water Agency, did affix the corporate seal of said Northwest Suburban Municipal Joint Action Water Agency to said instrument as his own free and voluntary act and as the free and voluntary act of said Northwest Suburban Municipal Joint Action Water Agency, for the uses and purposes therein set forth. hand and notarial seal this 3/ day 98e,. Notary Public Exhibit A That part of Lot 9000 of Winston Grove Subdivision Section 23A in the Southwest 1/4 of Section 25, Township 41 North, Range 10 East of the Third Principal Meridian, described as follows: Beginning at the Northeast corner of said Lot 9000; thence Westerly along the Northerly line of said Lot 9000, (said line being the North line of the Southwest 1/4 of said Section 25) a distance of 50.00 feet; thence Southerly at right angles to the previously described course a distance of 50.00 feet; thence Easterly at right angles to the previously described course a distance of 61.61 feet to the Easterly line of said Lot 9000; thence Northerly along the Easterly line of said Lot 9000 a distance of 51.33 feet to the point of beginning, all in Cook County, Illinois, containing 0.0640 Acres. N Exhibit B PARCEL NO. 0305 TE That part of Lot 9000 of Winston Grove Subdivision Section 23A in the Southwest 4 of Section 25, Township 41 North, Range 10 East of the Third Principal Meridian, described as follows: Commencing at a point on the Easterly line of said Lot 9000, said point being 51.33 feet South (as measured along the Easterly line of said Lot 9000) of the Northeast corner of said Lot 9000, thence West 61.61 feet along a line parallel with the North line of said Lot 9000, thence North 50.00 feet, along a line perpendicular to the last described line, to the North line of said Lot 9000, thence West 15.00 feet along the North line of said Lot 9000, thence South 65.00 feet along a line perpendicular to the North line of said Lot 9000, thence East 80.00 feet, along a line perpendicular to the last described line, to the Easterly line of said Lot 9000, thence North, along the Easterly line of said Lot 9000, to the point of beginning, all in Cook County, Illinois, con- taining 0.039 Acres.