HomeMy WebLinkAboutRESOLUTION - 7-82 - 3/9/1982 - EASEMENT AGRMT/PUB UTILITIES RESOLUTIOIT Pi0. 7-82
A RESOLUTION ACCEPTING AN EASEMENT AGREEMENT FOR ACCESS TO PUBLIC
UTILITIES FOR PROPERTY LOCATED AT 1990 DEVON AVENUE, FLK GROVE VILLAGE
hTTOS•1, T?�D=10RP, BE IT 11700 ,'ED by the President and Beard 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 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 massage and approval according to lay:.
PASSED this 9th day of March , 1982 .
APPROVED this 9th day of March , 1982 .
Charles J. Zettek
President
Attest:
Fay M. Bishop
Village Clerk
s
It is expressly understood and agreed by and between the parties hereto,
anything herein to the contrary notwithstanding, that each and all of the warran-
ties, indemnities, representations, covenants, undertakings and agreements herein
made on the part of the Trustee while in form purporting to be the warranties,
indemnities, representations, covenants, undertakings and agreements of said
Trustee are nevertheless each and every one of them, made and intended not as
personal warranties, indemnities, representations, covenants, undertakings and
agreements by the Trustee or for the purpose or with the intention of binding
said Trustee personally but are made and intended for the purpose of binding only
that portion of the trust property specifically described herein, and this instru-
ment is executed and delivered by said Trustee not in its own right, but solely
in the exercise of the powers conferred upon it as such Trustee; and that no
personal liability or personal responsibility is assumed by nor shall at any time
be asserted or enforceable against the LaSalle National Bank or any of the bene-
ficiaries under said Trust Agreement, on account of this instrument or on account
of any warranty, indemnity, representation, covenant, undertaking or agreement of
the said Trustee in this instrument contained, either expressed or implied, all
such personal liability, if any, being expressly waived and released.
CONSENT OF MORTGAGEE
The undersigned, being Mortgagee under Mortgage filed June 15,
19 81 in the Office of the Recorder of Deeds/Registrar of Titles of Cook
County, Illinois, as Document No. 25905087, does hereby consent to rights herein
granted.
Executed by Mortgagee&E L 11 , 1981-
FIRST NATIONAL BANK OF CHICAGO
BY:,
ss
!tom _ •_ ._---�.�u._�.,..,.,�..
RIDER.ATTAC iEIl T ND. MADE A PART OF
DATED i� NDER TRUST NO. 2�_3_��a
This i �w
nstrument is executed by LaSALLE NATIONAL BANR,. not personally
but solely as Trustee, as aforesaid, . in the exercise of the power and
authority conferred upon and vested in it as such Trustee. All the
t terms. provisions, stipulations, covenants and conditions to be performed
by LaSALLE NATIONAL PLANK are undertaken by it solely as Trustee,,
aforesaid, ,and not individually and all statements herein made ares
made on information and belief and are to be construed accordingly,
and no personal liability shall_ be asserted or be enforceable against
LaSALLE NATIONAL BANK by reason of any of the terms, provisions,.
stipulations, covenants and/or statements contained instrumentc -
'FDRA1 in this
XX 0421 - - - -- --- - - - - -
r� •ice,
EASEMENT AGREEMENT
The Grantor, LaSalle National Bank as Trustee under Trust Agreement dated
March 11, 1980 and known as Trust No. 103360 and not personally (hereinafter
referred to as "Owner") in consideration of the sum of One Dollar and other good
and valuable consideration, receipt of which is hereby acknowledged, hereby gives
and grants to Village of Elk Grove Village, Illinois, an easement for public utili-
ty purposes to install their facilities in and upon the hereinafter described
property.
Owner shall be responsible for knowledge of the installed location of the
facilities. Owner covenants and agrees that no structure or obstruction shall
be installed or constructed over any sub-surface facilities, and that no change
of the grade of the property over and around any facilities installed hereunder
shall be made, without the prior written consent of Village of Elk Grove Village
as to its facilities but such consent of the Village of Elk Grove Village shall
not be withheld with respect to any installation, construction or change of grade
which will not interfere with the safety or usefulness of, unreasonably restrict
access to, or prevent prompt maintenance or repair of, such facilities of the
Village.
Village of Elk Grove Village shall have the right of ingress and egress and
to operate, maintain, repair, renew and replace their installed facilities,
including the right to terminate services for violations of village ordinance
e for non-payment of past due accounts.
LEGAL DESCRIPTION
The East 5.0 feet of the West 106.07 feet of the South 83.97 feet of
Lot 241 in Centex Industrial Park Unit 130 being a subdivision in the
Southwest quarter of Section 35, Township 41 North, Range 11, East of the
Third Principal Meridian, in Cook County, Illinois.
IN WITNESS WHEREOF, Owner LaSalle National Bank as Trustee under Trust Agree-
ment dated March 11, 1980 and known as Trust No. 103360 and not personally has
caused this instrument to be executed on its behalf and its corporate seal to be
affixed hereto this3 ay of January, 1982.
J/
ATTEST:_, .St� � '(i� Y:.�,.
Secretary yH;;_ F•�.,;;a�>=�� T
State of Illinois -
County of Cook
l/
I, the undersigned, a Notary Public in and for the said County and State
aforesaid, do hereby certify that J,!.�I?S 1. r"L{.�1C ( ALWYAE11 vw: F7, _% »w
President) (Trust Officer) of the LaSalle National Bank and
' Ap?ij.%TA,."Secretary of said corporation, personally known to me to be the same persons whose
names are subscribed to the foregoing instrument, appeared before me this day in
person and acknowledged that they signed and delivered 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 €Q rth; and the said _ a11'41*?APV
Secretary then and there acknowledged that he/she, as custodian of the seal of
said corporation, did affix the seal to the foregoing instrument as his/her free
and voluntary act and the free and voluntary act of said corporation, for the uses
and purposes therein set forth.
GIVEN under my hand and NOTARIAL SEAL this day of 3attc�a-ry; 1982.
v" V/LL���1i�
Nary Public
MY COMMISSION EKPIE:'S 11/19/$5