HomeMy WebLinkAboutRESOLUTION - 47-79 - 6/12/1979 - GRANT OF EASEMENT/GARLISCH/PAGNIRZSOLLlIO.I 1:0. 47-79
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO SIGN
A GRANT OF EASEMENT BETWEEN ARNOLD AND ELVIRA GARLISCH, LA SALLE NATIONAL
BANK (AS TRUSTEE FOR DEVELOPERS) AND THE VILLAGE OF ELK GROVE VILLAGE (Pagni)
1:07.,T3 T:TRrg0=, HE 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 narked Grant of Easement
, a copy of which is attached hereto and made a part
hereof as if fu-1ly 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
I
rom and after its passage and approval according to lay.
PASSED this
12th
day
of
June
, 1979.
P_PPR,0TPD this
12th
day
of
June
, 1979 .
Charles J. Zettek
President
rtll�
l.L�•S l••
Fay Bishop
GRANT OF EASEMENT
Dated this 1st day of May, 1979:
25187965
This Easement Grant is made between ARNOLD W. GARLISCH
and ELVIRA GARLISCH, his wife (hereinafter referred to as "the
grantor"), and LA SALLE NATIONAL BANK, as Trustee under Trust
#54040 (hereinafter referred to as "grantee #1"), and the
Village of Elk Grove, Illinois (hereinafter referred to as
"Grantee #2").
A. The grantor is the owner of a tract of land described
as follows and hereafter referred to as "Parcel 1:"
as follows and hereafter referred to as "Parcel 2:"
LEGAL DESCRIPTION IS AMENDED TO READ:
ARNOLD W. GARLISCH and ELVIRA GARLISCH, his wife,
1
in joint tenancy, to that part of the land falling
within the following -described tracts:
The East 133.0 feet, as measured along a line parallel
with the North line of the Southeast Quarter of Section
�)
22 Township 41 North, Range 11 East of the Third
Principal Meridian, of that part of the West half of
said Southeast quarter lying Northerly of the center
line of the Public Highway known as Higgins Road and
lying South of a line 971.0 feet South of and parallel
with the North line of said Southeast quarter, in Elk
Grove Township, Cook County, Illinois.
B. The grantee #1 is the owner of a tract of land described
as follows and hereafter referred to as "Parcel 2:"
LEGAL DESCRIPTION IS AMENDED TO READ:
THAT PART OF THE WEST 1/2 OF THE EAST 1/2 OF SECTION
22-41-11 EAST ETC DESCRIBED AS FOLLOWS: BEGINNING
AT THE CENTER OF SAID SECTION 22 AND RUNNING THENCE
NORTH 0 DEGREES 1 MINUTE 13 SECONDS EAST ALONG THE
WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 22,
857.0 FEET TO THE SOUTHLY LINE. OF THE NORTHERN ILLINOIS
GAS CO. RIGHT OF WAY; THENCE SOUTH 44 DEGREES 36
MINUTES 53 SECONDS EAST ALONG SAID SOUTHERLY LINE
1462.82 FEET TO THE WESTERLY LINE OF'A TRACT OF LAND
CONVEYED TO COMMONWEALTH.EDISON; THENCE SOUTH 22
DEGREES 49 MINUTES 30 SECONDS EAST 653.73 FEET TO
THE SOUTH LINE OF SAID TRACT CONVEYED TO THE COMMONWEALTH
EDISON; THENCE NORTH 89 DEGREES 58 MINUTES 46 SECONDS
EAST ALONG SAID SOUTH LINE 45 FEET TO THE EAST LINE
OF THE WEST 1/2 OF THE EAST 1/2 OF SAID SECTION 22;
THENCE SOUTH 0 DEGREES 1 MINUTE 14 SECONDS EAST ALONG
SAID EAST LINE168.60 FEET TO THE SOUTH LINE OF THE
' An
NORTH 971.0 FEET OF THE SOUTHEAST 1/4 OF SAID SECTION
22; THENCE SOUTH 89 DEGREES 21 MINUTES 46 SECONDS
Pxep.,nmd Ly:
WEST ALONG A LINE 971.0 FEET SOUTH OF AND PARALLEL
11011U11T A.
WITH THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID
33 No. Lasa:lc St.
SECTION 22, 1077.15 FEET TO ITS INTERSECTION WITH A
�lucago, Ili:auie
LING 249.63 FEET EAST OF AND PARALLEL WITH THE WEST
LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 22; THENCE
�^Z
J3
SOUTH 0 DEGREES 1 MINUTE 13 SECONDS WEST ALONG SAID
PARALLEL LINE 276.52 FEET TO THE CENTER LINE OF HIGGINS
ROAD; THENCE NORTH 79 DEGREES 11 MINUTES 38 SECONDS
WEST ALONG SAID CENTER LINE 79.03 FEET TO ITS
INTERSECTION WITH A LINE 172,0 FEET EAST OF THE WEST
LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 22; THENCE
NORTH 0 DEGREES 1 MINUTE 13 SECO14DS EAST ALONG SAID_
PARALLES LINE, 811.61 FEET TO ITS INTERSECTION WITH
A LINE 419.43 FEET SOUTH OF AND PARALLEL WITH THE
NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 22;
THENCE SOUTH 89 DEGREES 21 MINUTES 46 SECONDS WEST
'ALONG SAID PARALLEL LINE 172.0 FEET TO THE WEST LINE
OF THE SOUTHEAST 1/4 OF SAID SECTION 22; THENCE NORTH,
0 DEGREES 1 MINUTE 13 SECONDS FAST ALONG SAID WEST LINE
419.43 FEET TO THE POINT OF BEGINNING (EXCEPT THAT
PART TAKEN FOR HIGGINS ROAD) IN COOK COUNTY, ILLINOIS.
C. The grantor wishes to grant and the grantees wish to
receive an easement over, under and across that part of Parcel 1
described as follows and hereafter referred to as "the easement
premises:"
The easterly 10 feet of Parcel 1 running the entire
length of the property 494.14 feet from Higgins Road
to the north line.
D. Parcel 1 is presently improved with a single family
residence,and Parcel 2 is vacant.
NOW, THEREFORE, in consideration of Ten Dollars ($10.00)
and other valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the following grants, agreements,
and covenants and restrictions are made:
1. GRANT OF EASEMENT. The grantor hereby grants to the
grantee, his heirs and assigns, as an easement appurtenant
to Parcel 2 as a perpetual easement for sewer and water under
and across the easement premises described above in Paragraph
C.
2. USE OF EASEMENT PREMISES. Use of the easement
premises is not confined to present uses of Parcel 2, but is
for the anticipated use of Parcel 2 for the erection of industrial
buildings for the purpose of connecting sewer and water lines
to Parcel 2. The installation or maintenance by the grantees
of pipes, conduits or wires under and across the easement
premises is hereby granted. Exclusive use of the sewer and
water lines is hereby granted. Grantor reserves the right
to make the following uses of the easement premises:
I ) I
The right to attach to sewer and water line for
grantor's use at such time as the grantor's
property (Parcel 1) is annexed to the Village.
3. DIVISION OF DOMINANT TENEMENT. If Parcel 2 is hereafter
divided into many parts by separation of ownership or by lease,
all parts shall enjoy the benefit of the easement hereby created
and shall be granted a temporary easement to enter upon Parcel
1 for purposes of installation of water and sewer lines. In
the event the surface above the easement has been improved
by artificial surfacing, such as, but not limited to, paving
with asphalt or concrete, then any part of Parcel 2 enjoying
the benefit of water and sewer lines shall restore the surface
to its original condition prior to use of the temporary
easement. A temporary easement is also granted under the
same conditions stated for the purpose of maintenance upon
any improvements of water and sewer lines.
4. MAINTENANCE. Upon the installation of the sewer and
water lines by grantee #1, providing that said sewer and water
lines meet all the requirements of the Metropolitan Sanitary
District of Cook County, the Environmental Protection Agency
of the State of Illinois, and the standards set by the Village
of Elk Grove, and the Village of Elk Grove accepts said sewer
and water lines, the Village of Elk Grove shall then be responsible
for the service, restoration and repair of said sewer and water
lines.
5. WARRANTIES OF TITLE. Grantor warrants that he has
good and indefeasible fee simple title to the easement premises,
subject only to the following permitted title objections:
Mortgage dated June 25, 1971, and recorded July 8,
1971, as Document 21538782 made by ARNOLD W. GARLISCH
and ELVIRA GARLISCH, his wife, to ROSELLE STATE BANK
AND TRUST COMPANY, a corporation of Illinois, to
secure a note for Forty Thousand Dollars ($40,000.00).
(Affects that part of the�land falling within the
following -described tract: The east 133 feet as
measured along a line parallel with the north line
of the south east 1/4 of section 22, township 41 north,
range 11 east of the Third Principal Meridian, of
that part of the west 1/2 of said south east 1/4
lying northerly of the center line of public highway
known as Higgins Road and lying south of a line 971.0
feet south of and parallel with the north line of
said south east 1/4, in Cook County, Illinois.)
6. RUNNING OF BENEFITS AND BURDENS. All provisions of
this instrument, including the benefits and burdens, run with
- hinHina upon and inure to the heirs, assigns,
RIDER .ATTAC FZ TO AND_ }ADE A PART OF D.0001,MN-T.. .
DATED 5/1/79 UNDER TRUST NO. 54040
This instrument is executed by LaSALLE NATIONAL BANK, not personally
but solely as Trustee, as aforesaid, in the exercise of the power and
authority conferred upon and vested in it as such Trustee. All the
terms- provisions, stipulations, covenants and conditions to be performed
by LaSALLE iLTaTIONAL BANK are undertaken by it solely as Trustee,. as
aforesaid, and not individually and all statements herein made are
made on informacion and 'belief and are to be construed accordingly,
and no personal liability shall be asserted or be enforceable against e
LaSALLE ;ZATIO.WL BANK by reason of any of the teras, provisions,
stipulations, covenants and/or statements contained in this instrument.`%%a
FORM XX 0421
have hereunto set their hands and seals the j udy
4
QCIO--&-./j 1979. a
STATE OF ILLINOIS )
COUNTY OF C O O K )
(S'al)
ARNOLD GARLISCH a
g
y
y (Sal)
ELVIRA GARLISCH
i
LA SALLE NATIONAL BANK, as Trustee
under Trust #J'11040andnetper�
f
t Seer0tar
VILLAGE OF ELK GROVE, ILLINOIS
M
(Seal)
ROSELLE STATE BANK & TRUST COMPANY
(Seal)
By 17 (Seal)
SS.
I,I(�u!% }y/7,�%/1M/F,U 46F, a Notary Public, in and
for said County, in the State aforesaid, DO HEREBY CERTIFY that
ARNOLD GARLISCH, ELVIRA GARLISCH, his wife, LA SALLE NATIONAL
BANK, as Trustee under Trust #5040 by Assistant Secretary
Joseph Lang, ROSELLE STATE BANK & TRUST COMPANY by Senior Vice
President Erwin Elbert,
and the VILLAGE OF ELK GROVE,
ILLINOIS, by Charles J. Zettek
personally known to me to be the same persons whose names
are subscribed to the foregoing instrument, appeared before me
this play in person and acknowledged that they signed, sealed
and delivered the said instrument as their free and voluntary
act, for the uses and purposes therein set forth.
GIVEN unicler my hand and notarial seal this
day of 1979.
"� -)V,/
Not ry Public
,
ti sr
Commission expires o�`�� 19 .,
Prepared by: ROBERT A. CARRANE, 33 N. LaSalle St., Chicago, IL