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HomeMy WebLinkAboutRESOLUTION - 74-80 - 8/12/1980 - EASEMENT AGRMT/VLG GROVE APTS RESOLUTIOiT PTO. 74-80 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT TO SIGN AN EASEMENT AGREEMENT WITH THE VILLAGE GROVE APARTMENTS (TRUST NO. 64492) FOR AN EASEMENT LOCATED ON VILLAGE GROVE PROPERTY 170'rT, TIIEREPORE, 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 EASEMENT AGREEMENT with Village Grove Apartments, Chicago Title it Trust Agreement No. 64492. , 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. T.at this resolution Shall "se ' £ . .,� i; full orce and effecz from and after its passage and approval according to law. PASSED this 12th day of August , 1980 . APPROVED this 12th day of August , 198C . Charles J. Zettek President Attest: Fay M. Bishop Village Clerk STATE OF ILLINOIS ) SS. COUNTY OF C 0 O K ) EASEMENT AGREEMENT THIS EASEMENT AGREEMENT, made this --?(Ir day of 1980 , by and between Chicago Title and Trust Company, as Trustee, under Trust Agreement dated June 1, 1974 , and known as Trust No. 64492 )(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 waterworks system (hereinafter referred to as "System") , in Cook County, and in connection therewith is installing a watermain along Arlington Heights Road in a southerly direction for a distance of approximately 223 lineal feet; and WHEREAS , such extension consists of an 8 inch watermain from Brandywine Avenue north to Village Grove Drive, and necessary valves, hydrents and fitting 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 15 lineal feet of an 8 inch watermain 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 DOCUMENT PREPARED BY: Samelson, Knickerbocker & Schirott, 780 Lee Street, Des Plaines, Illinois, 60016 . WHEREAS , the Grantor is willing to grant said perpetual easement and temporary easement and the right, privileges and authority described hereinafter, upon the terms and conditions hereinafter set forth; W I T N E S S E T H NOW, THEREFORE , in consideration of the sum of Ten and 00/100 ($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, which properties are subject to a permanent easement (Exhibit A) and the temporary easement (Exhibit B) , which properties are subject to this agreement and 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, re-construct, 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 2 - and specifications prepared or approved by Grantee, a watermain, valves, hydrents 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 (including an existing stormwater control structure approximately four (41 ) feet north of the permanent easement) 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 pre-requisite 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 con- struction 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 in the event a field drain tile is located in the area subject to the permanent easement (Exhibit A) and the waterline constructed by Grantee interrupts such drain tile, Grantee shall replace that portion of such tile which is so interrupted with a corrogated metal pipe, which replacement pipe, will be of such length so as to extend three (3 ' ) feet beyond each side of the trench in which the waterline is being installed. M . That all earth excavated by Grantee from the permanent easement (Exhibit A) shall be deposited to that - 3 - 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. 6 . ) 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 the System and that Grantee shall have the right of access to said real estate at all times from the nearest road for the pur- poses of re-construction, 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 notwith- standing, the temporary easement herein granted shall cease and be terminated and be without further force and effect upon the completion of the construction of the System on the permanent easement 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 7 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: CHICAGO TITLE AND TRUST COMPANY as Trustee under Trust Agreement dated June 1, 1974 and known as Trust 64492 AND " ,T PERSONJkLLY ATTEST : y ' By A*J CE PRESIDENT assistant Secretary — 4 /��/ This instrument is executed by Chicago Title and Trust Company, Chicago, Illinois , not personally but solely as Trustee as aforesaid. All the covenants and conditions to be performed hereunder by Chicago Title and Trust Company are undertaken by it solely as Trustee, as aforesaid and not individually, and no personal liability shall be asserted or be enforceable against by reason of any of the covenants , statements or repre- sentations contained in this instrument. STATE OF ILLINOIS ) ) SS . COUNTY OF C O 0 K ) I , ALDA DI 1111r D a notary public , in and for said County, in the State aforesaid, do hereby certif,. that 1,C^nGTHY rWAZZQ I ASST. vrCE FTES EDrr of Chicago Title and Trust Company and STDs? 1: ,i??'_?D AssIstantsecretary of said Trust Company who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such and, respectively, appeared before me this date in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act of said Trust Company, as Trustee as aforesaid, for the uses and purposes therein set forth; zind_that- the said AssIstent 5e�elat9 , then and there acknowledged that , as custodian of the corporate seal of said Trust Company, did affix the corporate seal of Trust Company to said instrument as 815e own free and voluntary act and as the free and voluntary act of said Trust Company as Trustee as aforesaid, for the uses and purposes therein set forth. 1, GIVEN UNDER MY HAND AND NOTARIAL SEAL this agtc day of A.D. , 1980 . i a�� NOTARY PUBL My commission expires GRANTEE: Village Of Elk Grove Village, a municipz corpor,4�ion of theme tfate of Illinois A ATTEST: VILLlYGE CLER�I — 0 j� 5 - EXHIBIT A PERMANENT EASEMENT The East 25 feet (as measured parallel to the South line thereof) of the North 20 feet of the South 60 feet of that part of the North 390 feet, as measured along the East line, of the North West quarter of the South East quarter of Section 32 , Township 41 North, Range 11, East of the Third Principal Meridian, lying West of the West line of the East 45. 0 feet, as measured at right angles , of said North West quarter of the South East quarter; in Cook County, Illinois. EXHIBIT B TEMPORARY EASEMENT The East 25 feet (as measured parallel to the South line thereof) of the North 20 feet of the South 40 feet of that part of the North 390 feet, as measured along the East line, of the North West quarter of the South East quarter of Section 32 , Township 41 North, Range 11, East of the Third Principal Meridian, lying West of the West line of the East 45 . 0 feet, as measured at right angles, of said North West quarter of the South East quarter; in Cook County, Illinois.