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HomeMy WebLinkAboutRESOLUTION - 8-81 - 1/27/1981 - CONVEYANCE OF PROPERTY/EG PARK DIST RESOLUTION NO. 8-81 A RESOLUTION AUTHORIZING AND DIRECTING THE CONVEYANCE OF CERTAIN PROPERTY LOCATED IN ELK GROVE VILLAGE TO ELK GROVE PARK DISTRICT WHEREAS , the Village of Elk Grove Village and the President and Board of Trustees thereof, and the Elk Grove Park District are municipalities as defined in "An Act in Relation to the Transfer of Interests in Real Estate by Units of Local Government or School Districts, approved July 2 , 1925" (Chapter 30, Section 156 of the Illinois Revised Statutes (1979) ; and WHEREAS, the territory of said municipalities is wholly within, co-extensive with or partly within and partly without the corporate limits of the other; and WHEREAS, transfers of interests in real estate are authorized by said Act between such municipalities upon such terms as may be agreed upon; and WHEREAS , the Elk Grove Park District and the Village of Elk Grove Village have executed a Public Works Facilities Agreement, a copy of which is attached hereto and incor- porated herein by reference as Exhibit "A" , which agreement provides , among other things, for the conveyance of certain property to the Park District from the Village, the grant of an easement appurtenant over another parcel, and the establishment of a party wall agreement; and WHEREAS, the Elk Grove Park District, pursuant to the terms and provisions of the aforereferenced Public Works Facilities Agreement, has found and determined that it is necessary and convenient for it to use and occupy the real estate described in Section 2 hereof for Park District purposes by Ordinance No. 82 a copy of which is attached hereto and made a part hereof as Exhibit "B" . NOW, THEREFORE, IT IS HEREBY RESOLVED, by the President and Board of Trustees of the Village of Elk Grove Village, Cook and DuPage Counties, State of Illinois , as follows : Section 1: That the real estate described in Section 2 hereof is no longer necessary, suitable or convenient for Village purposes. Section 2 : That the following described real estate be conveyed by Warranty Deed to Elk Grove Park District, for the sum of $10 . 00 subject to conditions and restrictions of record, the terms and conditions of Public Works Faci- lities Agreement, attached hereto as Exhibit "A" , establish- ing party wall rights and obligations and a right of first refusal to purchase the property if it is offered for sale: The South 52.0 feet of that part of Lot 1 described as follows : commencing at the Northeast corner of Lot 1 aforesaid; thence South 870 29 ' 49" West along the North line of Lot 1 aforesaid 69 . 68 feet; thence South 20 30 ' 11" East (at right angles thereto) a distance of 47. 02 feet to the point of beginning; thence Sguth 20 15 ' 51" East 305. 50 feet; thence South 87 44 ' 09" West 102 . 01 feet; thence North 20 15 ' 51" West 305 . 50 feet; thence North 870 44 ' 09" East 102 . 01 feet to the point of beginning, all in said Lot 1 in First Resubdivision of Winston Grove Section 22 North of Lots 32 and 33 in Block 6 in Winston Grove Section 22 North, being a subdivision in part of Sections 35 and 36 , Township 41 North, Range 10 , East of the Third Principal Meridian, in Cook County, Illinois . Section 3 : That the Village of Elk Grove Village grant the Elk Grove Park District an easement appurtenant over the following described property for parking, ingress and egress to the parcel described in Section 2 of this Resolution: That part of Lot 1 described as follows : beginning at the Northeast corner of Lot 1 aforesaid; thence South 870 29 ' 49" West along the North line of Lot 1 aforesaid to the Northwest corner thereof ; thence South 20 20 ' 03" East along the West line of Lot 1 aforesaid 339 . 30 feet to a point; thence North 870 17' 41" East 348 . 64 feet to a point in the East line of Lot 1 aforesaid 398 . 48 feet South of the Northeast corner thereof ; thence North 000 06 ' 05" East along said East line 398 . 48 feet to the point of beginning, (except therefrom the following: com- mencing at the Northeast corner of Lot 1 aforesaid; thence South 870 29 ' 49" West along the North line of Lot 1 aforesaid 69 . 68 feet; thence South 20 30 ' 11" East (at right angles thereto) a distance of 47 .02 feet to the point of beginning; thence South 20 15 ' 51" East 305. 50 feet; thence South 870 44 ' 09" West 102. 01 feet; thence North 20 15' 51" West 305. 50 feet; 2 thence North 870 44 ' 09" East 102. 01 feet to the point of beginning, all in said Lot 1 in First Resubdivision of Winston Grove Section 22 North of Lots 32 and 33 in Block 6 in Winston Grove Section 22 North, being a subdivision in part of Sections 35 and 36 , Township 41 North, Range 10 , East of the Third Principal Meridian, in Cook County, Illinois . Section 4: That the Village President and Village Clerk be and are hereby authorized and directed to execute a Warranty Deed, in the form attached hereto as Exhibit "C" , thereby conveying the real estate legally described in Section 2 to the Elk Grove Park District upon the terms and conditions therein set out. Section 5 : That the Village President and Village Clerk be and are hereby authorized and directed to execute an easement agreement, a copy of which is attached hereto as Exhibit "D" , granting an easement appurtenant to the Elk Grove Park District pursuant to Section 3 of this Resolution, upon the terms and conditions set forth in the attached Exhibit "D" . Section 6 : That the President and this Board and Village Clerk be and hereby are authorized and directed to execute the appropriate conveying instrument and such other documents as are necessary to implement this transfer. Section 7 : That this Resolution shall be in full force and effect from and after its date of passage and approval according to law. VOTES : AYES : 6 NAYS : 0 ABSENT: 0 APPROVED:: VILLAGE PRESIDENT�/ ATTEST: V ACTINO VILLAGE CLERK }/ PASSED this 27th day of January , 1981. APPROVED this 27th day of January , 1981. 3 - RESOLUT1011 D10. 94-80 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT TO SIGN AN AGREEMENT WITH THE ELK GROVE PARK DISTRICT REFERRED TO AS PUBLIC WORKS FACILITY AGREEMENT 1,0W, TPEREPORE, 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 Public Works Facility 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 lair. . PASSED this 23rd day of September , 1980 . APPROVED this 23rd day of September , 198 0 . . J � "President Attest: Vil1a;;5Y Clerklerkrl: ' ��� _ ,V llage Y-..=idem Village Trustees CH A 1, 7,iT LEE D. CARR r*�,b' o� ���t ,ey 4.5 tIF, -L.Y.illagc Clerk L.IIIVARD R. fiAUSER �y�O` '�\ °qj� FAY M. BISHOP TFI ES P. PE 1. S rove,(t�/� TFIEOUORE 1. STAUDLER t f" Village Manager MICHAEL A. TOSTO VillageCHARLES A. WILLIS NANCY I.. VANDERW'EEI. 'STATE OF ILLINOIS ) SS COUNTIES OF COOK AND DU PAGE) CERTIFICATE OF CLERK This is to certify that I , Fay Bishop, am the Village Clerk of the Village of Elk Grove Village, Cook and DuPage Counties, Illinois, and as such official am the custodian of the records and seal of said Village; and that the attached is a true and correct copy of Resolution No. 94-80 passed by the President and Board of Trustees of said Village at a meeting duly held on the 23rd day of September, 1980, which Resolution I was approved by the Village President, all as appears from the official records which are in my custody. Witness my hand and the official seal of said Village of Elk Grove Village this 15th day of December 1980 Village Clerk of the Village' of Elk (SEAL) Grove Village, Counties of Cook and DuPage, Illinois 901 WELLINGTON AVENUE • TELEPHONE 439-3900 • ELK GROVE VILLAGE, ILLINOIS 60007 PUBLIC WORKS FACILITY AGREEMENT THIS AGREEMENT entered into this 23rd day of September , 1980 , by and between the VILLAGE OF ELK GROVE VILLAGE (hereinafter referred to as "Village" ) and the ELK GROVE PARK DISTRICT, Elk Grove Village , Illinois , (hereinafter referred to as the "District" ) . I SCOPE The Village and the District find it necessary and desir- able and in furtherance of their respective purposes to cause one building to be erected on certain land presently owned by the Village, part of which building shall be owned by and paid for by the Village and part of which shall be owned by and paid for by the District . This Agreement shall cover those matters necessary to accomplish the erection of such building , the separate ownership by the Village and the District of distinct portions of the building and the land on which such respective portions are situate , rights of ingress and egress and continuing rights , powers , duties and obligations of the parties with respect to the building and adjacentland and their respective parts thereof . II CONVEYANCE Upon the execution of this Agreement , the Village shall convey or cause to be conveyed to the District by recordable -2- warranty deed subject to conditions and restrictions of record , if any , fee simple absolute title to that parcel of land which is legally described on Exhibit A attached hereto and incorpor- ated herein by reference (said parcel of land hereinafter referred to as "Parcel 1" ) and by appropriate grant of easement , an easement appurtenant and for ingress , egress and parking as to that property legally described on Exhibit C attached hereto and incorporated herein by reference (said parcel of land hereinafter referred to as "Parcel 3" ) , provided , however , that District shall have first provided Village with a certified copy of an ordinance duly enacted by District declaring the necessity and convenience of the use by the District of Parcel 1 and the easement as to Parcel 3 for park and recreational purposes pursuant to and in accordance with "An act in relation to the transfer of interests in real estate by units of local government or school districts . Approved July 2 , 1925. " (Chapter 30 , Section 156 , Illinois Revised Statutes ) . That parcel of land legally described on Exhibit B attached hereto and incorporated herein by reference (hereinafter referred to as "Parcel 2" ) together with Parcel 1 , shall be the site of the aforesaid building to be jointly paid for by the Village and the District as hereinafter more particularly set forth . 0wnersh :p of Parcel 2 and the improvements thereon shall be retained by the Village subject to the terms hereof . -3- III CONSTRUCTION COSTS Village shall cause to be constructed on Parcels 1 and 2 one public ^•^rks building substantially in conformance with the plans and specifications and design heretofore reviewed by and approved by Village and District for same and in accordance with the Arthur Goebelt proposal referred to in and at substan- tially the same cost set forth in Exhibit D attached hereto and by this reference incorporated herein . The cost to the District of that portion of the building which is built on Parcel 1 and improvements ancillary thereto as set forth in Exhibit D shall be equivalent to . 167 of the costs set forth in Exhibit D. The remaining . 833 of the costs shall be borne by the Village. Village shall make payment of the cost of the building and improvements set forth in Exhibit D in return for partial or final waiver of liens , as appropriate , and upon being billed by Village and being supplied with copies of said waivers , District shall from time to time reimburse Village for . 167 of the said costs paid by Village within 30 days from the date of receipt of any such bill . Any increased costs of the project resulting from change order shall be paid for solely by the Village unless approved or consented to in advance of the implementation thereof by the District . In no event shall any change order be made which will have the effect of modifying or changing from the present -4- plans , specifications and design that part of the building or ancillary improvements to be situated on Parcel 1 , which will have an adverse effect on or preclude the intended use of Parcel 1 by the District as a public works garage or facility . IV USE That part of the building to be constructed on Parcel 1 and the improvements ancillary thereto shall be used by the District and that part of the building to be constructed on Parcel 2 and the improvements ancillary thereto shall be used by the Village , respectively , for a public works garage facility for the storage of maintenance vehicles and the like of the District and the Village , respectively , and for uses related thereto and consistent therewith , including if desired by either party hereto , office use . V MAINTENANCE OF CAPITAL IMPROVEMENTS From and after the date of final payment for the building and ancillary improvements the following elements thereof shall be maintained and kept in good condition and repair : all structural components , heating ( including furnace if only one furnace serves the entire building) , plumbing , roof , exterior of building , paving , fuel pumps , fences , sidewalks and exterior lighting . The cost of same shall be shared by the District and the Village with the District being obligatedto pay . 167 thereof and the Village being required to pay .833 thereof ; provided , however , that any such repairs and maintenance as are required by virtue of the negligence of either party hereto shall be borne solely by such negligent party . If there is any dispute as to the necessity of repair or maintenance of any particular item or items set forth above and the parties cannot reach agreement , the matter shall be determined by a professional structural engineer chosen by a nominee of the Village and a nominee of the District . The opinion of such engineer shall be final and binding on the parties hereto . VI OPERATING EXPENSES All costs of operating, maintaining , owning , and repairing the building, other than ( i ) those set forth in the preceding Section V of this Agreement , ( ii ) separately metered gas , telephone, electric or other utilities and the. like , if any , which expenses shall be the independent responsibility of the respective parties and ( iii ) costs of the parties ' respective agents , employees , contractors and the like , shall be shared by the parties, including by way of illustration and not by limitation the cost of replacement value hazard insurance and comprehensive public liability insurance to be effective for such time as the Village and the District shall have the use and control of the building or their own parts thereof , naming -7- expand that part of the building to be built on Parcel 2, including the right to locate such addition or improvement on Parcel 3 , provided , however , that no such addition or improvement shall be made or caused to be made by Village , which on its own or in conjunction with other improvements , will have or may reasonably be expected to have a materially adverse effect on or materially impair or preclude in whole or in part the District ' s access to Parcel 1 and its use of same as improved , as a public works facility as contemplated herein . IX FIRST RIGHT OF REFUSAL If either party wishes to sell or convey any part or all of Parcel 1 , Parcel 2 and/or Parcel 3 belonging to it , the party so desiring shall give to the other party not less than thirty (30) days prior written notice of the terms of any contemplated sale , together with the name , address and financial and character references of the proposed purchaser and such other information concerning the proposed purchaser as the non-selling party may reasonably require . The governing Board of the non-selling party shall at all times have the first right and option to purchase the property offered for sale upon the same terms , or by assignable installment contract for purchase which would result in payment of the same full purchase price to the selling party at closing , which option shall be exercisable for a period of thirty ( 30) days following the date g_ of receipt of such notice . If such option is not exercised within said thirty (30) days , the selling party may at the expiration of said thirty (30) day period , contract to sell the subject property to the proposed purchaser named in such notice upon the terms specified therein . X MISCELLANEOUS PROVISIONS A. Title commitment , title insurance policy and survey costs and expenses necessary and incidental to the effectuation of this Agreement and the conveyance and grant of easements shall be borne by the parties hereto in the following ratio : Village' s Share . . . . . . . . .833 District ' s Share . . . . . . . . 167 B. The Village and the District shall jointly cause to be prepared and filed the necessary papers to accomplish a division of the property presently comprised by Parcels 1 , 2 and 3 for real estate tax purposes. C. Each party hereto shall execute and deliver to the other party all such documents , deeds , instruments, further assurances and the like as may be required to accomplish the substance and intent of this Agreement . D. This Agreement shall be binding upon the parties hereto , their agents, successors and assigns and the successor -9- governing Boards of each party hereto . E. Any notice required or contemplated to be given to a party hereto shall be deemed given when received by the party hereto by certified mail , return receipt requested , postage prepaid , addressed as follows : 1 . If to District : Director Elk Grove Park District 499 Biesterfield Road Elk Grove Village , Illinois 60007 2. If to Village : Village Manager Village of Elk Grove Village 901 Wellington Elk Grove Village, Illinois 60007 F. This Agreement may be amended only by a writing executed by and on behalf of both parties hereto . G. This Agreement may be executed in one or more counter- parts each of which shall constitute an original . EXECUTION IN 'WITNESS WHFREOF , the parties hereto in consideration of the foregoing covenants and agreements and in further consideration , by and through their respective duly authorized officers, have executed and delivered unto each other this 1 ^10_ :agreement , this 7 jl� day of 5Ej �,� Cr' 1980 . y;TFST: VILLAGE OF ELK GROVE VILLAGE 901 Wellington Elk Grove Village , Illinois Its Viliagyresi dent 3'i'TLBT: ELK GROVE PARK DISTRICT 499 Biesterfield Road /J ) Elk Grove Village , Illinois B y (L Its J EXHIBIT D Original Contract Plus Change Orders* as of September 9, 1980 TOTAL VILLAGE SHARE PK DIST SHARE Contract Costs Garage Building $829, 181 .00 $690, 707. 77 $138 , 473. 23 Architectural Fee 49, 751 .00 41 , 442 . 58 8 , 308 .42 (6%) Private utility 7, 236 .00 6 , 027. 59 1 , 208 . 41 Charges plus Contingencies Paving (Base Course) 10, 000 .00 8, 330 .00 1 ,670 .00 Sub-Total $896 , 168 .00 $746 , 507. 94 $149,660 .06 Additional Casts Paving $46 ,000 .00 $38, 318 .00 $ 7,682 .00 (Wearing Course ) Fuel Pumps 50 ,000.00 41 ,650.00 8, 350.00 Fence 11 ,000 .00 9, 163 .00 1 ,337 .00 Sidewalks 3 , 000 .00 2,499.00 501 .00 Lighting 4 ,000 .00 3 ,332 .00 668 .00 Sub-Total $114,000 .00 $94, 962 .00 $ 19,038. 00 Total $11010 , 16S .00 $841 ,469 . 94 $168 ,698. 06 *Change Orders include : No. 1 Wall. Panel Option $10 ,000 .00 W No. 2 Plumbing Material 669.00 (-) Credit No. 3 5 Yr. Roof Warranty 450 .00 W $ 9, 781 .00 Architectural Fee (6%) $ 587.00 i X ORDINANCE NO. 82, ELK GROVE PARK DISTRICT ORDINANCE DECLARING THE NECESSITY AND CONVENIENCE OF THE USE AND OCCUPANCY BY T'?E ELK GROVE PARK DISTRICT OF A CERTAIN TRACT OF REAL ESTATE CONTAINING THEREON APPROXIMATELY ONE-SIXTH ( 1/6th) OF A PUBLIC WORKS FACILITY BUILT PURSUANT TO AGREEMENT BETWEEN VILLAGE OF ELK GROVE VILL,A(iE AND ELK GROVE PARK DISTRICT AND LOCATED IN ELK GROVE VILLAGE, ILLINOIS WHEREAS , the ELK GROVE PARK DISTRICT is a municipal corporation and body politic• of Cook County, Illinois, and was organized for the purpose of establishing, developing , maintain- ing and operating parks And recreational activities , and WHEREAS, the Village of Elk Grove Village is a village located in Cook County, Illinois , and is a "municipality" as defined in "An ,Act in relation to the transfer of interests in real estate by units of local government or school districts. Approved July 2, 1925" (Chapter 30, Section 156 of Illinois Revised Statutes) and WHEREAS, the Village of Elk Grove Village is the present legal owner of a parcel of land and improvements for which it has no further use, described as follows: The South 52 .0 Feet of that Part of Lot 1 described as follows: commencing at the Northeast Corner of Lot 1 aforesaid ; thence South 87' 29 ' 49" West along the North Line of Lot I aforesaid 69.68 Feet ; thence South 2' 30' 11" East (at right angles thereto) a Distance of 47 .02 Feet to the Point of Beginning ; thence South 2' 15 ' 51 " East 365.50 Feet ; thenc South 87" 44 ' 09" West 102 .01 Feet ; thence North 2' 15 ' 51" West 305 .50 Feet ; thence North 87. 44 ' 09" East 102 .01 Feet to the Point of Beginning, all in said Lot 1 in First Resubdivision of Winston Grove Section 22 North of Lots 32 and 33 in Block 6 in Winston Grove Section 22 North , being a Subdivision in Part of Sections 35 and 36 , Township 41 North, Range 10 , East of the Third Principal Meridian , in Cook County , Illinois. and , WHEREAS , it is necessary and convenient that the Park District use and occupy said real estate and improvements thereon for park and recreational purposes. NOW, THEREFORE,THEREFORE, BE IT ORDATNED by the Doa: d Gf Comoissioners of thn ELK GROVE PARK DISTRICT, County of Cook , Illinois, that it is necessary and convouLent for the said Park District to use and occ=ry the aforedescribed teal estate for park and recreational Purposes. FURTHER ORDAINED that the Park District and the Board of Commissioners thereof hereby indicate their willingness to accept a convevance of fee simple title to said property from the Village of Elk Grove Village pursuant to a Public Works Facility Agreement ("Agreement" ) heretofore entered into by and between the Village and the Park District , a copy of which is attached nereto as Exhibit 1 , subject to the terms and provisions of said Agreement and subject to restrictions and conditions of record for the sum of TEN DOLLARS ($10.00) , t.ogeiher with sash easements appurtenant thereto as shall be granted by Village to t.ne Park District in connection therewith. FURTFER ORDAINED that the officers of the Park District be and are hereby authorized and directed to take such steps and to execute such documents as shall be necessary or advisable to accomplish the intent of this ordinance . FURTHER ORDAINED that this ordinance shall be in full force and efect from and after its passage and approval accord- Ing to law. PASSED: This Jig day of October , 1980. APPROVED: This ,LT day of October , 1980 . VOTES: Ayes: Nayes: �! Absent : ATT president ll�rt � Secretary STATE OF ILLINOIS ) SS. COUNTY OF C 0 0 K ) I , JAMES L. CASHMAN, DO HEREBY CERTIFY that I am the duly elected , qualified and acting Secretary of the Elk Grove Park District and of the Board of Commissioners of the Elk Grove Park District ; and that I have access to the official Minutes of the Meetings of the Board of Commissioners and of the Elk Grove Park District . I DO FURTHER CERTIFY that the above and foregoing is a true and correct copy (duplicate) of a certain ordinance entitled : ORDINANCE NO. 8Z ELK GROVE PARK DISTRICT ORDINANCE DECLARING THE NECESSITY AND CONVENIENCE OF THE USE AND OCCUPANCY BY THE ELK GROVE PARK DISTRICT OF A CERTAIN TRACT OF REAL ESTATE CONTAINING THEREON APPROXIMATELY ONE-SIXTH (1/6th) OF A PUBLIC WORKS FACILITY BUILT PURSUANT TO AGREEMENT BETWEEN VILLAGE OF ELK GROVE VILLAGE AND ELK GROVE PARK DISTRICT AND LOCATED IN ELK GROVE. VILLAGE, ILLINOIS that the foregoing was passed by the Board of Commissioners of said Elk Grove Park District on the 3_ day of October , 1980, ar.d was on the same day approved by the President of the Elk Grove Park District : that it was filed and recorded in the cf.fice of the Secretary of the Elk Grove Park District of which the foregoing is a true cony (duplicate) and is now on file in the office of such Secretary . GIVEN under my hand and seal of the Elk Grove Park District this ,JQ_ day of October, 1980. r Secretary (SEAL) Elk Grove Park District Elk Grove Village , Illinois GEORGE E.COLE® NO. 801 LEGAL FORMS Sept.mber, 197; - y WARRANTY D � Statutory (ILLINOIS) (Corporation to Corporation) 1 (1he Above Space For Recorder's Use Only) THEGRANTOR Village of Elk Grove VillagF- 901 WRIlington, E].k . Gr ve Village, Illinois IIIc' a1 Illinois a corporation created and existing under and by virtue of the laws of the State of 1 and duly authorized to transact business in the State of Illinois , for and in consideration of Ten and no/100 ($10. 00) --------------------------------- DOLLARS, and other good and valuable consideration Trustees in hand paid, and pursuant to authority given by the Board of Trusof said corporation CONVEYS and WARRANTS to Elk Grove Park District I municipal Illinois a corporation organized and existing under and by virtue of the laws of the State of having llowing address 449 Biesterfield Road, Elk Grove Vilits principal office a[ the fo lage, Illinois , the following described Real Estate situated in the County of Cook — and State of Illinois, to wit: c II >~ O ` See Attached for Legal Description 4J4' �t I v o I rn s w (0 = O F n N N a � N Q w .> (d > D N Z O H This conveyance is made pursuant to the l official buss ess > n, v of the Village of Elk Grove Village . Aaw" /f �� z (B m O 44-1 N N i in W In Witness Whereof, said Grantor has caused its corporate seal to be hereto affixed, and has caused its name N to be siGned to these presents by its Village President,and attested by its j G t1 N acting Village Clerk %e3toemaDxthis dayof_ _T&z�y 19-4,/-. 1:: a r x Villa e of E3k Gr've V' lla e a nicipa mul corporo c PORAT(ONI tion Q e 11 IMPRESS BY/ !/'^' 0W -) CORPORATE SEALIiage PRESIDENT W O Z) HERE ATTEST viliage er , mxmmra State of Illinois,County of Cook SS. I, the undersigned, a Notary Public, in and for the Countv and State aforesaid,DO HEREBY CERTIFY, that Charles J. Zettek personally known to me to be the Village Presidentofthe Village of Elk Grove Vil– lage, a municipal Corpporation,and I lafern Snick personally known to me to be I Actin 1"Village of said corporation, and [tris ere=� � P personally known to jin to be the same persons whose names are subscribed to the foregoing instru- `I IMPRESS ment, appeared before me Is7 person and severally acknowledged that as such Village PI ent and Villa NOTARIAL SEAL Villa e C d-�� Vilyla!e Clerk HERE and delivered the said instrument as g Presi ecK an g %ic>=cXof said corporation, and caused the corporate seal of said corporation to be affixed thereto,pursuant to authority,given by the Board of Trustees of said corporation as their free and voluntary act, and as the free and voluntary act and deed of said Corpora n, for the uses andp urposes therein set forth. Given under my hand and official seal, this .?] day of ✓.0y49y40 19ArZ Commission expires 19 e - NOTARY PUBLIC This instrument was prepared b George B. Knickerbocker, of Samelson, Knicker- bocker & Schiroptt, _N0 Lee Street, (NAME AND ADDRESS) Des Plaines, Illinois 60016 p n ADDRESS OF PROPERTY: a 3 m Z z MAIL TO: _ 'rHE AROVF ADDRESS IS FOR STATISTICAL PURPOSES C 1 tltlressl ONLY AND IS NOT.A PART OF THIS DEED. 3 SEND SUBSFOUF.NT TAX BILLS TO: [�i1 A 1 ity, tate an .p ( amel OR RECURDER'5 OFFICE BOX NO. �pdaress) The South 52 . 0 feet of that part of Lot 1 described as follows : commencing at the Northeast corner of Lot 1 aforesaid; thence South 870 29 ' 49" West along the North line of Lot 1 aforesaid 69 . 68 feet; thence South 20 30 ' 11" East (at right angles thereto) a distance of 47 . 02 feet to the point of beginning; thence South 20 15 ' 51" East 305 . 50 feet; thence South 87 44 ' 09" West 102 . 01 feet; thence North 20 15 ' 51" West 305 . 50 feet; thence North 870 44 ' 09" East 102 .01 feet to the point of beginning, all in said Lot 1 in First Resubdivision of Winston Grove Section 22 North of Lots 32 and 33 in Block 6 in Winston Grove Section 22 North, being a subdivision in part of Sections 35 and 36 , Township 41 North, Range 10 , East of the Third Principal Meridian, in Cook County, Illinois . Subject to covenants, conditions and restrictions of record, and a Public Works Facility Agreement dated September 23 , 1980 , by and between Elk Grove Park District and the Vil- lage of Elk Grove Village, establishing party wall rights and obligations and a right of first refusal to purchase the property. 7 STATE OF ILLINOIS ) SS . COUNTY OF C O O K ) EASEMENT AGREEMENT THIS EASEMENT AGREEMENT, made this Zi.'I day of J ,n�ey 1981 , by and between the Village of Elk Grove Village, a municipal corporation of Cook and DuPage Counties, State of Illinois , (hereinafter referred to as "Grantor" ) , and the Elk Grove Park District, a municipal corporation of Cook County, State of Illinois , (hereinafter referred to as "Grantee") : P R E A M B L E WHEREAS, Grantor and Grantee have entered into a Public Works Facility Agreement dated September 23 , 1980, which agreement provides , among other things, for the conveyance of certain property to the Grantee from Grantor, the grant of an easement appurtenant over another parcel, and the establishment of a party wall agreement; and WHEREAS , in compliance with said Public Works Facility Agreement Grantor and Grantee have herein set forth the terms and conditions of the grant of easement appurtenant over the parcel described herein. WITNESSETH THAT NOW, THEREFORE, in consideration of the sum of Ten and no/100 ($10 . 00) Dollars in hand paid by Grantor to Grantee, the receipt and sufficiency of which is hereby acknowledged, and in consideration of the mutual covenants, agreements, and conditions hereinafter contained and contained in the Public Works Facility Agreement entered into September 23 , 1980, by and between Grantor and Grantee, the Grantor and Grantee hereby agree as follows : FIRST: That the statements and representations set forth in the preamble hereof are hereby incorporated into and made a part hereof as if fully set forth. SECOND : The Grantor does hereby bargain, sell, grant, transfer and convey to the Grantee, its successors and assigns , an easement appurtenant for ingress, egress and parking over the property legally described on the attached Exhibit 1 , for the use and benefit of the property legally described on the attached Exhibit 2 . THIRD : This easement agreement is subject to the following conditions : (A) The easement granted herein shall be for the limited purpose of ingress, egress and parking, and the use by Grantee of the easement area shall be limited to the paved drive and parking area located on the ease- ment property as long as such a paved drive and parking area exist. (B) The maintenance and repair costs relating to the easement area shall be borne by Grantor and Grantee as set forth in the Public Works Facility Agreement entered into September 23, 1980, by Grantor and Grantee. (C) Grantor reserves the right to use and occupy the easement property as it deems necessary and convenient, and Grantee shall not interfere with said right provided Grantor' s use and occupancy is not in viola- tion of the Public Works Facility Agreement entered into September 23, 1980 , by Grantor and Grantee. FOURTH: The rights and obligations of Grantor and Grantee respectively, hereunder, shall inure to the benefit of and be binding upon their respective successors and assigns in office and title to said premises, and all terms, conditions and covenants herein shall be construed as covenants , running with the land. IN WITNESS WHEREOF, the parties hereto have hereunto caused this Agreement, consisting of six (6) pages, including Exhibits 1 and 2 and this page, to be executed, acknowledged and attested, in duplicate, in the manner hereinafter shown on the date and date first written above. - 2 - GRANTOR: Village of Elk Grove Village 901 Wellington Elk Grove Village, Z}linois 60007 1 C��_� / BY Village Pre�en. ATTEST: Vikilage Clerk Dated this ?IX day of 1981. STATE OF ILLINOIS ) ) SS. COUNTY OF C O O K ) I , the undersigned, a Notary Public , in and for the County and State aforesaid, DO HEREBY CERTIFY, that Charles J . Zettek, personally known to me to be the President of the Board of Trustees of the Village of Elk Grove Village co)ipff ion, and Isafern Snick, personally known to me to be theAVi age Clerk of said corporation, and 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 severally acknowledged that as such President and Village Clerk, they signf �d- and delivered the said instrument as President ands i ge Clerk of said corporation, and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority, given by the Board of Trustees of said corpora- tion as their free and voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and official seal, this v "!( day of 1981. Naar,W, Public Commission expires ACCEPTED BY GRANTEE: Elk Grove Park District, 449 Biesterfield Road, Elk Grove Village, Illinois 60007 By: '�'- Joah E. B enn n, President ATTEST: I ' I i /KFames L. Cashman, Secretary 3 - STATE OF ILLINOIS ) SS. COUNTY OF C O O K ) I , the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY, that Joan E. Brennan, personally known to me to be the President of the Elk Grove Park District corporation, and James L. CQshman, personally known to me to be the Secretary of said corporation, and 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 severally acknowledged that as such President and Secretary, they signed and delivered the said instrument as President and Secretary of said corporation, and caused the corporate seal of said corporation to b ai thereto, pursuant to authority, given by theAS/( ,K of said corporation as their free and voluntary act, and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and official seal:, this 7z day of 1981. Notary Public Commission expires 1981 I This document prepared by George B. Knickerbocker , 780 Lee Street, Des Plaines, Illinois 60016 4 - Exhibit 1 That part of Lot 1 described as follows : beginning at the Northeast corner of Lot 1 aforesaid; thence rt South 870 29 ' 49" West along the North line of Lot 1 aforesaid to the Northwest corner thereof; thence I South 20 20 ' 03" East along the West line of Lot 1 20 aforesaid 399 . 30 feet to a point; thence North 870 17 ' 41" East 348 . 64 feet to a point in the East 1 line of Lot 1 aforesaid 398 . 48 feet South oof the of Northeast corner thereof; thence North 00 06 ' 05" East along said East line 398 . 48 feet to the point of beginning, (except therefrom the following: com- mencing at the Northeast corner of Lot 1 aforesaid; thence South 870 29 ' 49" West along the North line of Lot 1 aforesaid 69 .68 feet; thence South 20 30 ' 11" East (at right angles thereto) a distance of 47. 02 feet to the point of beginning; thence South 2° 15 ' 51" East 305 . 50 feet; thence South 870 44 ' 09" West 102 . 01 n feet; thence North 20 15 ' 51" West 305.50 feet; thence North 870 44 ' 09" East 102 .01 feet to the point of beginning) , all in said Lot 1 in First Resubdivision of Winston Grove Section 22 North of Lots 32 and 33 in Block 6 in Winston Grove Section u 22 North, being a subdivision in part of Sections U 35 and 36 , Township 41 North, Range 10 , East of the Third Principal Meridian, in Cook County, Illinois. "LC Exhibit 2 The South 52 . 0 feet of that part of Lot 1 described as follows : commencing at the Northeast corner of Lot 1 aforesaid; thence South 870 29 ' 49" West along the North line of Lot 1 aforesaid 69 .68 feet; thence South 20 30 ' 11" East (at right angles thereto) a distance of 47 . 02 feet to the point of beginning; thence South 20 15 ' 51" East 305. 50 feet; thence South 870 44 ' 09" West 102. 01 feet; thence North 20 15 ' 51" West 305. 50 feet; thence North 870 44 ' 09" East 102 .01 feet to the point of beginning, all in said Lot 1 in First Resubdivision of Winston Grove Section 22 North of Lots 32 and 33 in Block 6 in Winston Grove Section 22 North, being a subdivision in part of Sections 35 and 36 , Township 41 North, Range 10, East of the Third Principal Meridian, in Cook County, Illinois .