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HomeMy WebLinkAboutRESOLUTION - 90-80 - 9/23/1980 - AGRMT/PARKWAY BANK & TRUST RESOLUTION NO. 90-80 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO SIGN AN AGREEMENT BETWEEN THE VILLAGE AND PARR ;AY BANK. AND TRUST COMPANY, NOT INDIVIDUALLY BUT AS TRUSTEE. UNDER TRUST NO . 2310 BE IT RESOLVED, by the President and Board of Trustees of the Village of Elk Grove Village , Counties of Cook and DuPage , Illinois as follows : Section 1: That the Village President and Village Cler'i ire hereby authorized to execute an Agreement between the Village and Parkway Bank and Trust Company as Trustee under Trust No. 2310 pertaining to the conveyance of Well Site No. 14 , a copy of which is attached hereto as Exhibit "A" and incorporated herein. Section 2 : That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTES : AYES : 6 NAYS : 0 ABSENT: 0 PASSED this 23rd day of September 1980 . APPROVED this 23rd day of September 1980 . APPROVED- Charles J. Zettek Village President ATTEST: f Villag Clerk A G R E E M E N T This Agreement made and entered into this day of 6�S,l..(u.t/ , 1980 , by and between the Village of Elk Grove Village (hereinafter referred to as "Village" ) and Parkway Bank and Trust Company, not individually but as Trustee under Trust No. 2310 (hereinafter referred to as "Parkway") ; W I T N E S S E T H: WHEREAS, Parkway is the owner of certain real estate located in unincorporated Cook County but contiguous to the Village; and WHEREAS , Parkway is desirous of annexing said property to the Village and the Village is desirous of having said property annexed; and WHEREAS , a portion of said property consists of 1. 0279 acres , the legal description of which is set forth on Exhibit "A" attached hereto, which portion Parkway is willing to con- vey to the Village in order that a well and a well house be erected thereon; and WHEREAS, it is anticipated that Parkway will file a Petition for Annexation with the Village in the near future and that any Annexation Agreement related thereto , if such annexation shall occur, shall acknowledge the conveyance herein and that the parcel identified by Exhibit "A" shall be credited against the land donation required by Village Ordinance; NOW, THEREFORE, in consideration of the mutual premises and conditions hereinafter set forth, and other good and valuable consideration, the parties hereto agree as follows : 1. Upon execution of this Agreement, Parkway shall convey to the Village certain real estate , the legal description of which is set forth on Exhibit "A" , attached hereto. Said conveyance shall restrict the Village ' s use thereon to the construction of a well and a well house, and shall contain a utility easement to be retained by the grantor. - r" n'.'uWaa 'z�?_�5w. "'>'a..'lFiW' h.k'u w.'.'.:;:. ' 'ti tir. .••::. 2. Parkway by this Agreement grants the Village an easement for ingress and egress to said property and will dedicate such permanent easement as will be necessary for ingress and egress on the final site plan or subdivision plat to be submitted and approved in conjunction with the proposed annexation. Should the annexation not occur, for whatever reason, Parkway agrees to convey a permanent easement to the Village, thereby replacing the temporary easement above set forth, and the Village shall retain ownership of the subject parcel. 3. Prior to construction of the well house , the Village will submit to Parkway its architectural plans for Parkway' s approval , which approval will not be reasonably denied. 4. The Village will upon annexation credit Parkway for the property herein conveyed with respect to the Village' s requirement of land donation upon annexation as required by applicable Village Ordinance. IN WITNESS WHEREOF, the parties hereto set their hand and seal this 3hd day of Octobeh , 1980. VILLAGE OF ELK GROV VILLAGE BY: �� Village Pr de 77 ATTEST: Village Clerk Tbfo Amaematit to signed by P=bmr Bank 6 Trust Co.. not PARKWAY BANK AND TRUST COMPANY, as bdivld=Uy but solely ae Trustee under a certain Trust Agreement Trustee under Trus No. 2 310 known ® T1tst No. Said Trust Agreement is hereby ,T�nl1 not iruirrually made a part hereof and any clams against said Trustce which \ may result from the signing of this Agreement shall be payable only out of any trust propa:ty which may be held thereunder, and BY: jr said Trustee shall not be per;onaly liable for tho porformanw of any of the terms and condillors of this cgresment or for the �_ 7 . validity or condition of tho title of said nr-party or for any agreement with respect thereto. Any and all personal lfabilltY of parkway Bank and Trust Co., Is hereby expressly waived by the partiey hereto and their respective successors and assigns. 2 - E X H I B I T A " That part of the South half of Section 31, Township 41 North , Range 11 East of the Third Principal Meridian bounded and described as follows: Commencing at the Southwest corner of Section 31 aforesaid; thence South 89 degrees 39 minutes 05 seconds East on the South line thereof 47. 66 chains said point being 552 . 05 feet West of the Southeast corner of said South half; thence North 2 degrees 47 minutes 48 seconds West to the intersection with a line 80 feet North of and parallel with said South line; thence North 89 degrees 39 minutes 05 seconds West and parallel with said South line 46. 73 feet; thence North 84 degrees 17 minutes 44 seconds West a distance of 674. 08 feet for a place of beginning; thence continuing North 84 degrees 17 minutes 44 seconds West, 129 . 43 feet; thence [Vest , parallel with said South line, 43. 90 feet; thence North 9 degrees 00 minutes 42 seconds West, 231. 70 feet; thence South 84 degrees , 17 minutes 44 seconds East, 232 feet; thence South 5 degrees , 42 minutes , 16 seconds West, 220 feet to the place of beginning, all in Cook County, Illinois.