Loading...
HomeMy WebLinkAboutRESOLUTION - 72-81 - 12/8/1981 - EASEMENT AGRMT/EG PARK DIST RESOLUTION I'I0. 72-81 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO SIGN AN EASEMENT AGREEMENT WITH THE ELK GROVE VILLAGE PARK DISTRICT NOW, T11EFIFORE, BE IT RES0L1IED 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 "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 rescl ion aha'_1 be in full force and effect I rom and after its >jassage and anrroval according to law. PASSED this 8th day of December , 1981 . APPROVED this 8th day of December , 1981 . President Attest: VillaGe Clerk STATE OF ILLINOIS ) SS . COUNTY OF C O O K ) EASEMENT AGREEMENT THIS EASEMENT AGREEMENT, made this 8th day of np.cp.nher , 1981, by and between Elk Grove Park District, a municipal corporation, (hereinafter referred to as "Grantor" ) , and the Village of Elk Grove Village, a municipal corporation of Cook County, State of Illinois (hereinafter referred to as "Grantee" ) : WHEREAS, Grantee is, pursuant to authority granted by applicable laws, as made and provided, extending its public storm sewer system (hereinafter referred to as "System" ) , in Cook County, and in connection therewith is installing a storm sewer along Ridge Avenue in a northerly direction for a distance of approximately 800 lineal feet; and WHEREAS , such extension consists of a twelve (12) inch storm sewer from Elk Grove Boulevard north to Victoria Lane, and necessary manholes and fittings appurtenant thereto; and WHEREAS, in order to construct the System, it is necessary for the Grantee to obtain a perpetual easement , right, privilege and authority to construct, re-construct, repair, maintain and operate a certain part of the System of approximately 800 lineal feet of a twelve (12) inch storm sewer under and through certain premises hereafter described on the attached Exhibit A; and WHEREAS, for the purpose of facilitating the construction of the System, upon, under and through the real estate hereinafter described on said Exhibit A, it is necessary for the Grantee to obtain a temporary easement, right, privilege and authority, during the construction of said part of the System on Exhibit A, to use certain additional real estate , adjacent thereto, for access to the work, transportation, and storage of materials, tools and equipment, on such other property being hereinafter described on the attached Exhibit B; and WHEREAS, the Grantor is willing to grant said perpetual DOCUMENT PREPARED BY: Samelson, Knickerbocker & Schirott, 780 Lee Street, Des Plaines, Illinois, 60016 . easement and temporary easement and the right , privile(les and authority described hereinafter, upon the terms and conditions hereinafter set forth: W I T N E S S E 'I' H : NOW, THEREFORE, in consideration of the sum of Ten and no/100 ($10. 00) Dollars, the receipt and sufficiency of which is hereby acknowledged, and the mutual covenants, agreements and conditions hereinafter contained, the Grantor and Grantee hereby agree as follows: 1. The Grantor hereby represents and warrants that it is the fee title holder of the property legally described on the attached Exhibits A and B, and that. it possesses full and complete authority, direction, power and title to execute this agreement for the uses and purposes herein set forth. 2. That the statements and representations set forth in the preamble hereof are hereby incorporated and made part hereof as if fully set forth. 3. The Grantor does hereby bargain, sell, grant, transfer and convey to the Grantee, its successors and assigns, the per- petual easement and the temporary easement, right, privilege and authority to construct, reconstruct, repair, replace, operate and maintain the System under and through the following described premises hereinafter referred to as : Exhibit A - Permanent Easement Exhibit B - Temporary Easement 4 . This Easement Agreement is subject to the following conditions : a. Grantee, at its sole expense, shall utilize the trench method of construction to construct under and through the permanent easement premises, by use of such materials which the Grantee deems advisable in accordance with plans and specifi-cations prepared or approved by Grantee, a 2 - storm sewer , manholes and necessary fittings and appurtenances thereto, that part- of the System which shall be constructed on permanent easement, Exhibit A. b. Grantee expressly assumes all responsibility for, and shall save and keep harmless the Grantor against any loss , damage, cost or expense which it may suffer, incur or sustain, wherefore which it might become liable as a result of any injury to or death of persons, or loss or damage to property arising out of or caused in the performance of any work done under the authority of the Grantee and by virtue of any action, suit or suits, against Grantor growing out of any such loss, damage, cost or expense . As a prerequisite to any recovery therefor from the Grantee, the Grantor shall give written notice to the Grantee for the commencement of such action, suit or defense thereof. Grantee shall save and keep the Grantor harmless from any claims for mechanic liens by reason of any construction work , repairs, replacements or other work, or for any improvements made or placed upon or to either the permanent easement (Exhibit A) or the temporary easement (Exhibit B) by Grantee. c. That all earth excavated by Grantee from the permanent easement (Exhibit A) shall be deposited to that portion of the temporary and on the permanent easement as may be required. 5 . 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 in title to the properties described on the attached Exhibits A and B, and all terms, conditions and covenants herein shall be construed as covenants running with the land . G . After the System has been constructed and placed in operation, the Grantor may use the surface of the property described on Exhibits A and B, it being understood, however, that such use shall not in any manner interfere with or damage 3 - the System and that Grantee shall have the right of access to said real estate at all times from the nearest road for the purposes of reconstruction, repair, maintenance or operation of the System. No permanent structures shall be constructed upon the permanent easement property (Exhibit A) . 7. Anything contained herein to the contrary notwithstanding, the temporary easement herein granted shall cease and be ter- minated and be without further force and effect upon the com- pletion of the construction of the System on the permanent ease- ment premises. 8. Grantee warrants that it will return the surface of the temporary and permanent easements to the condition which existed thereupon prior to the commencement of the construction of the extension of the System. IN WITNESS WHEREOF, the parties hereto have hereunto caused this Agreement, consisting of six (6) pages, including Exhibit A and B, to be executed, acknowledged and attested, in duplicate, in the manner hereinafter shown on the day and date first written above. GRANTOR: ELK GROVE PARK DISTRICT , a municipal corporation of the State of Illinois. By : ATTEST: GRANTEE : VILLAGE OF ELK GROVE VILLAGE, a municipal corporation of the State of Illinois By : ATTEST: r r1 1 Villa§e Clerk ' 4 - EXIIJ131T A PERMANENT EASEMENT The West 10 feet of Lots 1460 and 1461 of Elk Grove Village, Section 4 being a subdivision in the South one-half (' ) of Section 28 and the North one-half (� ) of Section 33 , both in Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. EXHIBIT n TEMPORARY EASEMENT The West 20 feet of Lots 1460 and 1461 of Elk Grove Village , Section 4, being a subdivision in the South one-half (�) of Section 28 and the North one-half (' ) of Section 33 , both in Township 41 North, Range 11 , East of the Third Principal - Meridian, in Cook County, Illinois.