HomeMy WebLinkAboutRESOLUTION - 27-25 - 4/22/2025 - 7500 N. ELMHURST EASEMENT AGREEMENT MAGNUS FAMILY, L.L.C. OASIS OUTDOOR LIMITEDRESOLUTION NO.27-25
A RESOLUTION TO APPROVE AN EASEMENT AGREEMENT BETWEEN THE
VILLAGE OF ELK GROVE VILLAGE, MAGNUS FAMILY, L.L.C., AND OASIS
OUTDOOR, LIMITED (7500 NORTH ELMHURST ROAD, DES PLAINES, IL)
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the
Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows:
Section 1
Easement 1
That part of the northwest quarter of the southwest quarter of section 25, township 41 north, range
11 east of the third principal meridian, described as follows: commencing at the intersection of
said south line of the northwest quarter of the southwest quarter with the east right of way line
of route 83; thence north 00 degrees 53 minutes 43 seconds west along the east right of way
line of route 83 for 90.60 feet to the point of beginning; thence continuing north 00 degrees
53 minutes 43 seconds west for 20.00 feet; thence north 89 degrees 59 minutes 51 seconds east
for 20.00 feet; thence south 00 degrees 53 minutes 43 seconds east for 20.00 feet; thence south
89 degrees 59 minutes 51 seconds west for 20.00 feet to the point of beginning, in cook county,
Illinois.
Easement 2
That part of the northwest quarter of the southwest quarter of section 25, township 41 north, range
11 east of the third principal meridian, described as follows: commencing at the intersection of
said south line of the northwest quarter of the southwest quarter with the east right of way line
of route 83; the following 3 courses are along the east right of way line of route 83, 1) thence
north 00 degrees 53 minutes 43 seconds west for 112.64 feet; 2) thence north 12 degrees 12
minutes 19 seconds west for 50.99 feet; 3) thence north 00 degrees 53 minutes 43 seconds west
for 539.02 feet to the point of beginning; thence continuing north 00 degrees 53 minutes 43
seconds east for 25.00 feet; thence north 90 degrees 00 minutes 00 seconds west for 65.01 feet
to the point of beginning, in cook county, Illinois.
Temporary Construction Easement 1
That part of the northwest quarter of the southwest quarter of section 25, township 41 north, range
11 east of the third principal meridian, described as follows: commencing at the intersection of
said south line of the northwest quarter of the southwest quarter with the east right of way line
of route 83; thence north 00 degrees 53 minutes 43 seconds west along the east right of way
line of route 83 for 70.59 feet to the point of beginning; thence continuing north 00 degrees
53 minutes 43 seconds west for 42.50 feet to a bend in said east route 83 for 43.95 feet; thence
north 89 degrees 59 minutes 51 seconds east for 21.38 feet; thence south 00 degrees 53 minutes
43 seconds east for 25.00 feet; thence north 89 degrees 59 minutes 51 seconds east for 38.00
feet; thence south 00 degrees 53 minutes 43 seconds east for 60.01 feet; thence south 89
degrees 59 minutes 51 seconds west for 50.77 feet to the east right of way line of route 83, being
the point of beginning, in cook county, Illinois.
Temporary Construction Easement 2
That part of the northwest quarter of the southwest quarter of section 25, township 41 north, range
11 east of the third principal meridian, described as follows: commencing at the intersection of
said south line of the northwest quarter of the southwest quarter with the east right of way line
of route 83; the following 3 courses are along the east right of way line of route 83, 1) thence
north 00 degrees 53 minutes 43 seconds west for 112.64 feet; 2) thence north 12 degrees 12
minutes 19 seconds west for 50.99 feet; 3) thence north 00 degrees 53 minutes 43 seconds west
for 534.02 feet to the point of beginning; thence continuing north 00 degrees 53 minutes 43
seconds west for 40.00 feet; thence south 90 degrees 00 minutes 00 seconds east for 70.01 feet;
thence south 00 degrees 53 minutes 43 seconds east for 40.00 feet; thence north 90 degrees
00 minutes 00 seconds west for 70.01 feet to the east right of way line of route 83, being the
point of beginning, in cook county, Illinois.
Section 2: That the Village Mayor and Village Clerk are hereby authorized to sign said
Plat for and in the name of the Village and attach thereto the corporate seal.
Section 3: That the Village Clerk is hereby directed to record a copy of said Plat with the
Cook County Recordings Office, Illinois.
Section 4: That this Resolution shall be in full force and effect from and after its passage
and approval according to law.
VOTE: AYES: 6 NAYS: 0 ABSENT: 0
PASSED this 22" ' day of April 2025
APPROVED this 22" d day of April 2025
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (this "Agreement") is made this ?I, day of , 2025
(the "Effective Date") by and between MAGNUS FAMILY, L.L.C., a Delaware limited liability company
("Grantor"), THE VILLAGE OF ELK GROVE VILLAGE, ILLLINOIS ("Grantee"), and OASIS OUTDOOR
LIMITED, an Illinois limited partnership ("Oasis"). Grantor, Grantee and Oasis are sometimes referred to
herein individually as a "Party" and collectively as the "Parties".
RECITALS:
A. Grantor owns the real property located at 7500 North Elmhurst Road, Des Plaines, Illinois
("Property").
B. Oasis leases the Property from Grantor pursuant to that certain Indenture of Lease dated January
1, 1978 between Seller's predecessor in interest, Pioneer Bank & Trust Company, not personally but solely as
Trustee under Trust Agreement dated January 1, 1978 and known as Trust No. 21004, and Oasis.
C. Pursuant to the Plat of Easement for Watermain attached hereto as Exhibit A (the "Plat"), which
Plat is to be recorded in the office of the Cook County, Illinois Clerk, Grantor has agreed to grant and convey to
Grantee certain watermain and temporary construction easements (collectively, the "Easements") over portions
of the Property delineated on the Plat (collectively, the "Easement Areas"). The legal description of the
Easement Areas is set forth on Exhibit B attached hereto.
D. Grantor has agreed to execute and deliver the Plat subject to the terms, provisions and
conditions set forth in this Agreement.
NOW, THEREFORE, for and in consideration of the foregoing Recitals and other good and valuable
consideration the receipt and sufficiency of which is hereby acknowledged, the Parties hereto hereby agree as
follows:
1. Incorporation of Recitals. The above Recitals are hereby incorporated into this Agreement as if
set forth herein.
2. Easements. The Easements shall be for the sole and exclusive purpose of constructing,
maintaining, repairing, replacing, and operating water mains and related infrastructure in the Easement Areas
(the "Improvements"). The grant of the Easements on the Property shall include the right to maintain and
relocate the facilities installed within the limits of the Easements 1 and 2 (as delineated on the Plat).
Notwithstanding the foregoing, in no event shall Grantee remove, relocate or alter any building or other
structures on the Property without the prior written consent of Grantor and Oasis. Grantee shall provide not less
than five (5) days' prior written notice to Grantor and Oasis of Grantee's intention to commence construction of
the Improvements. Once construction of the Improvements has commenced, Grantee shall use continuous and
diligent efforts to prosecute and complete construction of the Improvements in a timely manner. Prior to
commencement of construction of the Improvements, Grantee shall remove the sign and brick improvements
and deliver same to Grantor's property manager on a pallet for storage during construction of the Improvements.
Upon completion of the Improvements, Grantee shall reinstall the sign and brick improvements described in the
preceding sentence, repair any other damage to the Property, and restore the surface area of the Property to the
condition existing prior to commencement of construction of the Improvements and such restoration obligation
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shall include, without limitation, the replacement of all trees, shrubbery and other landscaping which are
damaged, destroyed or removed as part of the construction of the Improvements. Grantee agrees and
acknowledges that Temporary Construction Easement 1 and Temporary Construction Easement 1 (each of which
is described on Exhibit B attached hereto) shall each terminate on the date which is the earlier to occur of (a)
completion of the Improvements and (b) the second anniversary of the Effective Date.
3. Grantee's Costs. Grantee shall be solely responsible for all costs and expenses associated with
the construction, installation, maintenance, repair, inspection and operation of Improvements on the Property in
the Easement Areas.
4. Indemnification. Grantee agrees to release, defend, hold harmless and indemnify Grantor and
Oasis and their respective members, partners, managers, employees, agents, and contractors (collectively,
including Grantor and Oasis, the "Indemnified Parties"), from and against any and all losses, costs, damages,
claims, liabilities, expenses, demands or obligations of any kind or nature whatsoever (including reasonable
attorneys' fees, expenses and disbursements) (collectively, "Losses"), whether at law or equity, for damages of
any kind whatsoever arising directly or indirectly from: (i) the construction, installation, maintenance, repair,
inspection and operation of Improvements including, but not limited to, injury to person or property or loss of
life; (ii) any negligent acts or omissions of Grantee or its contractors, subcontractors, agents or representatives
arising from or related to the Easements granted under this Agreement or the construction of the Improvements,
except to the extent such Losses are caused by the gross negligence or willful misconduct of any of the
Indemnified Parties. Notwithstanding anything to the contrary contained in this Agreement, all indemnity
obligations accruing under this Agreement shall survive the termination of this Agreement.
5. Insurance. Grantee and its representatives/contractors shall at all times maintain (with premiums
fully paid for), and provide to Grantor and Oasis proof of, insurance for: (i) commercial general liability
("CGL"), issued on a form at least as broad as Insurance Services Office Commercial General Liability
Coverage "occurrence" form CG 00 01 10 01 or another "occurrence" form providing equivalent coverage,
including contractual liability and personal injury liability coverage, with limits of not less than One Million
Dollars ($1,000,000) for any one occurrence and Two Million Dollars ($2,000,000) in the aggregate; and (ii)
worker's compensation. Such worker's compensation insurance shall carry minimum limits as defined by
Illinois law (as the same may be amended from time to time).
6. Retention of Interest. Grantee acknowledges that the Easements granted do not and shall not be
construed in any way as creating, vesting or granting Grantee any legal title or ownership right, title or interest
other than the specific easement rights granted in the Easement Areas. Grantor retains any and all rights not
specifically granted herein, including, without limitation: (i) any and all rights which are not directly
incompatible with the Easements granted under this Agreement; and (ii) the right to grant easements to other
third parties over, in, under and through the Easement Area for any purpose so long as such grant does not
materially prevent, limit, or impair Grantee's rights hereunder.
7. Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the
Parties hereto, their successors and assigns, and the Easements shall run with the land. Wherever a transfer
occurs in the ownership of the Property, the transferor shall have no further liability for breach of covenant
occurring thereafter. Grantee agrees to look solely to the interest of Grantor in the Property for the recovery of
any judgment from Grantor, it being agreed that none of the Grantor Parties shall be personally liable for such
2
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judgment. Notwithstanding anything to the contrary contained in this Agreement, no Party is released from its
acts or omissions to act while owning the Property subject to the terms of this Agreement.
8. Entire Agreement. This Agreement is a final expression and complete and exclusive statement
of the agreement between the Parties with respect to the subject matter of this Agreement, and any prior or
contemporaneous agreements or understandings, oral or written, which may contradict, explain or supplement
these terms are superseded and shall not be admissible or effective for any purposes.
9. Partial Invalidity. If any provision of this Agreement shall, for any reason, be held to be in
violation of any applicable law or unenforceable, such provision shall be reformed to the extent necessary to
render such provision valid or enforceable. The invalidity of any provision herein shall not be held to invalidate
any other provision herein, all of which such other provisions shall remain in full force and effect. The invalidity
of any of the provisions herein by judgment or court order shall in no way affect any of the other provisions
hereof, and the same shall remain in full force and effect.
10. Governing Law. All questions with respect to this Agreement, and the rights and liabilities of
the Parties and venue hereto, shall be governed by the laws of the State of Illinois. Any and all legal actions
sought to enforce or interpret the terms and provisions of this Agreement shall be brought exclusively in federal
or state courts in Cook County, Illinois.
11. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed
an original, but all of which, together, shall constitute one and the same instrument.
12. Covenants Running With the Land; Enforcement. The rights, agreements and easement set forth
in this Agreement are intended to be and shall be construed as covenants running with the land, and shall be
binding upon, inuring to the benefit of, and enforceable by the respective Parties. It shall be lawful for each
owner and their respective successors and assigns to institute and prosecute any proceedings at law or in equity
(including but not limited to the right to such orders of specific performance or injunctive relief as are
appropriate) against the person or persons violating or threatening to violate the rights, agreements and
easements set forth in this Agreement. Should any party institute any action or proceeding to enforce or interpret
this Agreement or any provision hereof, for damages by reason of any alleged breach of this Agreement or of
any provision hereof, or for a declaration of rights hereunder, the prevailing party in any such action or
proceeding shall be entitled to receive from the other party all ordinary and necessary costs and expenses,
including reasonable attorneys' and other fees, incurred by the prevailing party in connection with such action or
proceeding.
13. Notices. Any notices required to be given by any Party to any other Party shall be in writing,
and all such notices shall be made either: (a) by personal delivery; or (b) by a recognized courier service, such as
Federal Express or UPS. Notice will be effective upon receipt or refusal to accept delivery, and must be
addressed to the receiving Party at the following addresses (or at such other place as any Party may from time to
time designate in writing):
If to Grantor:
Magnus Family, L.L.C.
104 Sandy Hollow Rd.
Northport, NY 11768
3
15187865
Attn: Steven Magnus
Email: samkldlabsl989agmail.com
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With copies to:
Magnus Family, L.L.C.
20 Adelphi Dr.
Greenlawn, NY 11740
Attn: Daniel Magnus
Email: dlmkldlabsl989@amail.com
And
Magnus Family, L.L.C.
12 Mattie Cooper Square
Beacon, NY 12508
Attn: Susan Magnus Newkirk
Email: susanmagnuskme.com
If to Oasis:
Oasis Outdoor, Limited
400 Skokie Blvd. Suite 200
Northbrook, IL 60062
Attn: David Sherman
Email: davids e bes.com
If to Grantee:
Village of Elk Grove Village
901 Wellington Avenue
Elk Grove Village, IL 60007
Attn: Village Manager
SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed by their
authorized representatives as of the Effective Date.
GRANTOR:
MAGNUS FAMILY, L.L.C., a Delaware limited
liability company
By:_
Name:
Title:
OASIS:
OASIS OUTDOOR LIMITED. an Illinois limited
partnership
By:_
Name:
Title:
GRANTEE:
VILLAGJK OF E GROVE VILLAGE,
ILLIN S
LI-A
Title:
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EXHIBIT A
PLAT OF EASEMENT
[attached]
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EXHIBIT B
LEGAL DESCRIPTION OF EASEMENT AREAS
Easement 1
That part of the northwest quarter of the southwest quarter of section 25, township 41 north, range 1 I east of the
third principal meridian, described as follows: commencing at the intersection of said south line of the northwest
quarter of the southwest quarter with the east right of way line of route 83; thence north 00 degrees 53 minutes
43 seconds west along the east right of way line of route 83 for 90.60 feet to the point of beginning; thence
continuing north 00 degrees 53 minutes 43 seconds west for 20.00 feet; thence north 89 degrees 59 minutes 51
seconds east for 20.00 feet; thence south 00 degrees 53 minutes 43 seconds east for 20.00 feet; thence south 89
degrees 59 minutes 51 seconds west for 20.00 feet to the point of beginning, in cook county, Illinois.
Easement 2
That part of the northwest quarter of the southwest quarter of section 25, township 41 north, range 11 east of the
third principal meridian, described as follows: commencing at the intersection of said south line of the northwest
quarter of the southwest quarter with the east right of way line of route 83; the following 3 courses are along the
east right of way line of route 83, 1) thence north 00 degrees 53 minutes 43 seconds west for 112.64 feet; 2)
thence north 12 degrees 12 minutes 19 seconds west for 50.99 feet; 3) thence north 00 degrees 53 minutes 43
seconds west for 539.02 feet to the point of beginning; thence continuing north 00 degrees 53 minutes 43
seconds east for 25.00 feet; thence north 90 degrees 00 minutes 00 seconds west for 65.01 feet to the point of
beginning, in cook county, Illinois.
Temporary Construction Easement 1
That part of the northwest quarter of the southwest quarter of section 25, township 41 north, range 11 east of the
third principal meridian, described as follows: commencing at the intersection of said south line of the northwest
quarter of the southwest quarter with the east right of way line of route 83; thence north 00 degrees 53 minutes
43 seconds west along the east right of way line of route 83 for 70.59 feet to the point of beginning; thence
continuing north 00 degrees 53 minutes 43 seconds west for 42.50 feet to a bend in said east route 83 for 43.95
feet; thence north 89 degrees 59 minutes 51 seconds east for 21.38 feet; thence south 00 degrees 53 minutes 43
seconds east for 25.00 feet; thence north 89 degrees 59 minutes 51 seconds east for 38.00 feet; thence south 00
degrees 53 minutes 43 seconds east for 60.01 feet; thence south 89 degrees 59 minutes 51 seconds west for
50.77 feet to the east right of way line of route 83, being the point of beginning, in cook county, Illinois.
Temporary Construction Easement 2
That part of the northwest quarter of the southwest quarter of section 25, township 41 north, range 11 east of the
third principal meridian, described as follows: commencing at the intersection of said south line of the northwest
quarter of the southwest quarter with the east right of way line of route 83; the following 3 courses are along the
east right of way line of route 83, 1) thence north 00 degrees 53 minutes 43 seconds west for 112.64 feet; 2)
thence north 12 degrees 12 minutes 19 seconds west for 50.99 feet; 3) thence north 00 degrees 53 minutes 43
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seconds west for 534.02 feet to the point of beginning; thence continuing north 00 degrees 53 minutes 43
seconds west for 40.00 feet; thence south 90 degrees 00 minutes 00 seconds east for 70.01 feet; thence south 00
degrees 53 minutes 43 seconds east for 40.00 feet; thence north 90 degrees 00 minutes 00 seconds west for
70.01 feet to the east right of way line of route 83, being the point of beginning, in cook county, Illinois.
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