HomeMy WebLinkAboutRESOLUTION - 34-25 - 5/27/2025 - 901 TONNE ROAD CALIN MAGHERUSAN PERMANENT EASEMENTRESOLUTION NO.34-25
A RESOLUTION APPROVING THE ACQUISITION OF A PERMANENT EASEMENT
FOR THE PURPOSE OF ROADWAY IMPROVEMENTS ALONG TONNE ROAD
BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE PROPERTY
OWNER OF 901 TONNE ROAD, CALIN MAGHERUSAN AND PAYMENT TO THE
PROPERTY OWNER N THE AMOUNT OF $800 FROM THE BUSINESS LEADERS
FORUM
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: That the Mayor be and is hereby authorized to sign the attached documents
marked:
PERMANENT EASEMENT
(Individual)
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 document upon the signature of the Mayor.
Section 2: 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 27" day of May 2025
APPROVED this 27" day of May 2025
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
! Elk Grove Village
Owner:
Calin Magherusan
Address:
901 Tonne Road
Elk Grove Village, IL 60007
Route:
2652 (Tonne Road)
Section:
20-00073-00-PV
County:
Cook
Job No.:
R-55-001-97
Parcel No.:
0008
P.I.N. No.:
08-27-300-032
State of Illinois )
ss.
County of Cook )
I, Colin Magherusan
being first duly sworn upon oath states as follows:
, as Property Owner
Affiant has personal knowledge of the facts averred herein.
Affidavit of Title
2. (d There are no parties other than Grantor in possession of any portion of the premises described in attached
Exhibit "A" through easement, lease, oral or written, or otherwise, whether or not of record.
❑ There are no parties other than Grantor and the parties listed below in possession of any portion of the
premises described in attached Exhibit "A" through easement, lease, oral or written, or otherwise, whether or
not of record:
SEE ATTACHED EXHIBIT "A"
3. This affidavit is made to provide factual representation as a basis for the Village of Elk Grove Village to accept a
document of conveyance for the premises described in said conveyance, the premises being a portion of or all of the
above described premises, from the record owners thereof.
4. The affiant has no knowledge of any driveway agreements, encroachments, overlaps, or boundary line disputes
involving the premises to be conveyed.
5. The said premises described in Exhibit "A" are: (Check One)
❑ Vacant and unimproved ❑ Agricultural and unimproved
® Improved and
(A) There have been no improvements made or contracted for on the premises within six (6) months
immediately preceding the date of the affidavit, out of which a claim for a mechanic's lien could accrue
or has accrued; and
(B) To the best of my knowledge all improvements now on the premises comply with all local building and
zoning ordinances.
Page 1 of 4 LA 4111A (Rev. 11/07/11)
6. There are no chattel mortgages, conditional sales contracts or financing statements existing on or in connection
with the premises to be conveyed which are not shown by the public records.
7. There are no taxes or special assessments which are not shown as existing liens by the public records involving the
premises described in Exhibit A.
8. Per 50 ILCS 105/3.1, the identities of all owners and beneficiaries having an interest in the premises to be
conveyed are as follows (check applicable box(es) and complete information requested):
® Individual. Individual owner of the property is: Colin Magherusan
❑ Nonprofit Organization. There is no individual or other organization receiving distributable income from the
organization.
❑ Public Organization, including units of local government. There is no individual or other organization
receiving distributable income from the organization
❑ Publicly -Traded Corporation. There is no readily known shareholder entitled to receive more than 7-1/2%
interest in the total distribution income of the corporation.
❑ Corporation, Partnership, Limited Liability Company. Those entitled to receive more than 7-1/2% of the
total distributable income of said entity are as follows:
Name Address
*1.
2.
3.
4.
❑ Land Trust or Declaration of Trust. The identity of each beneficiary of Grantor Trust is as follows:
of
Name Address Interest
*1.
2.
3.
4.
* IF THE INITIAL DISCLOSURES SHOW INTERESTS HELD BY ANOTHER CORPORATION,
PARTNERSHIP, LIMITED LIABILITY COMPANY, OR TRUST, THEN FURTHER DISCLOSURES SHOULD
BE PROVIDED UNTIL THE NAMES OF INDIVIDUALS OWNING THE INTEREST IN THE ENTITY ARE
DISCLOSED.
Page 2 of 4 LA 4111A (Rev. 11/07/11)
Dated this day of A M L 2025.
Calin Magherusan
_ Calin Magherusan
Print Name and Title if applicable
State of
ss
County of
This instrument was acknowledged before me on �� 1 I`� , 2025, by
Calin Magherusan --
(SEAL)=Publlt
GLMI I REZ f
iALSEAL Nota Public
� State of Illinois ion No. M211u4tgo,2o28
My Commission Expires: i -
NOTE: THIS AFFIDAVIT MAY BE EXECUTED AND ACKNOWLEDGED ON BEHALF OF THE RECORD
OWNER(S) BY ANY ONE OF THE RECORD OWNERS, OFFICERS, MANAGERS, PARTNERS,
OR TRUSTEES HAVING KNOWLEDGE OF THE FACTS IN THIS AFFIDAVIT.
Page 3 of 4 LA 4111A (Rev. 11/07/11)
LEGAL DESCRIPTION
LOT 358 IN CENTEX INDUSTRIAL PARK UNIT 217, BEING A SUBDIVISION IN
THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 41 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS_
PERMANENT TAX NUMBER(S): 08-27-300-032
Page 4 of 4 LA 4111 A (Rev. 11/07/11)
Owner:
Calin Magherusan
Address:
901 Tonne Road
Elk Grove Village, IL 60007
Route:
2652 (Tonne Road)
Section:
20-00073-00-PV
County:
Cook
Job No.:
R-55-001-97
Parcel No.:
0008
P.I.N. No.:
08-27-300-032
PERMANENT EASEMENT
(Individual)
Calin Magherusan, (Grantor), of the County of Cook and State of Illinois, for and in
consideration of Eight Hundred Dollars ($800), receipt of which is hereby acknowledged,
represents that Grantor owns the fee simple title to and hereby grants and conveys to the Village
of Elk Grove Village, (Grantee), a permanent easement for the purpose of roadway improvements
and for other highway purposes, on, over and through the following described real estate:
See attached legal description.
situated in the County of Cook, State of Illinois, and hereby releases and waives all right under
and by virtue of the Homestead Exemption Laws of the State of Illinois. The above -described
real estate and improvements located thereon are herein referred to as the "premises."
Grantor does not possess rights of Homestead in the premises.
Grantor shall have and retain all rights to use and occupy the premises and access to
Grantor's remaining property, except as herein expressly granted; provided, however, Grantor's
use and occupation of the premises may not interfere with Grantee's use of the premises for the
purposes herein described.
Grantor, without limiting the interest above granted and conveyed, acknowledges that
upon payment of the agreed consideration, all claims arising out of the above acquisition have
been settled, including without limitation, any diminution in value to any remaining property of the
Grantor caused by opening, improving, and using the premises for highway purposes. This
acknowledgment does not waive any claim for trespass or negligence against the Grantee or
Grantee's agents which may cause damage to Grantor's remaining property.
Page 1 of 3 (Rev. 11/11)
This grant shall constitute a covenant, which runs with the land, and shall be binding upon
the legal representatives, successors and assigns of Grantor.
Dated this ,9A day of j� (l- 2025
Calin Magherusan
By:
Signature
Calin Magherusan
Print Name
State of
) S5
County of fDJ�-- )
This instrument was acknowledged before me on
by Calin Magherusan
SEAL JAMIELGUTIERREZ
OFFICIAL SEAL
NoteryPq C s+afeoflu+nols Notary Public
nArca Commisslon No. ON211
M commission A is130, 2028
My Commission Expires: r `
Page 2 of 3 (Rev. 11/11)
LEGAL DESCRIPTION
A permanent easement over the west 2.00 feet of Lot 358 in Centex Industrial Park Unit 217, being a
subdivision in the Southwest Quarter of Section 27, Township 41 North, Range 11 East of the Third
Principal Meridian, in Cook County, Illinois, per Document 24051587, as recorded on August 10, 1977,
bearings and distances are based on the Illinois State Plane Coordinate System, East Zone, NAD83 (2011
Adjustment), described as follows:
Beginning at the southwest corner of said Lot 358; thence along the west line of said Lot 358, North 00
degrees 21 minutes 25 seconds West, 75.66 feet to the northwest corner of said Lot 358; thence along
the north line of said Lot 358, North 88 degrees 39 minutes 57 seconds East, 2.00 feet to a line that is
2.00 feet east of and parallel with said west line; thence along said parallel line, South 00 degrees 21
minutes 25 seconds East, 75.66 feet to the south line of said Lot 358; thence along said south line, South
88 degrees 37 minutes 35 seconds West, 2.00 feet to the point of beginning.
Said easement containing 0.004 acres (1S1 square feet), more or less.
Page 3 of 3 (Rev. 11/11)
Elk Grove Village
Owner: Calin Magherusan
Job No: R-55-001-97
Parcel No.: 0008
Receipt of Conveyance Documents and
Disbursement Statement
The Village of Elk Grove Village (Grantee) acknowledges Receipt of the following:
(Check all that apply)
❑ Warranty Deed covering 0.000 acres
® Permanent Easement covering 0.004 acres
❑ Temporary Construction Easement covering 0.000 acres
all located iq Cook County, Illinois as right of way for Route 2652 (Tonne Road), Section: 20-00073-00-PV
dated L , executed by the undersigned Grantors.
Grantor and Grantee agree as follows:
1. The payment of the sum of Eight Hundred Dollars ($800) to Grantor as total consideration for the PE by
Grantee is subject to Grantee's approval of title and documentation and, if applicable, Grantee's final
approval in accordance with Section 9.02 of the Illinois State Finance Act.
2. All improvements located, wholly or partially, on the parcel shall become the property of the Village of
Elk Grove Village, unless provided as follows:
None
3. Possession and transfer of title to the Village of Elk Grove Village occur when Grantee delivers a state
warrant to Grantor, in person or to the address stated herein, in the amount of the above stated
consideration, unless provided herein. Grantor shall have the sole responsibility and obligation to
protect, preserve and maintain the parcel and improvements thereon until delivery of possession to
Grantee.
4. Grantor directs Grantee to disburse the above stated consideration by warrant or by separate warrants
as follows:
Name* TIN/FEIN/SSN** Address Amount
Calin Magherusan O�,A 901 Tonne Road $800
Elk Grove Village, IL 60007 $
*If multiple names on the same warrant, list first and circle the name of the person or entity whose
TIN/FEIN/SSN is entered above. If lien holder is to be paid by warrant, use Grantor's TIN or SSN with
their name listed first and lien holder second. The first payee must match the TIN used.
**Attach a current W-9 form for each TIN/FEIN/SSN.
Page 1 of 2 LA 4112A Template (Rev. 02/9/16)
5. NON -FOREIGN CERTIFICATION — FIRPTA. Section 1445 of the Internal Revenue Code provides
that a transferee (buyer) of a U.S. real property interest must withhold tax if the transferor is a foreign
person. For purposes of this paragraph, "Transferee" shall mean "Grantee" and "Transferor" shall
mean "Grantor". To inform the Grantee that withholding of tax is not required upon the disposition of a
U.S. real property interest by Grantor, the Grantor hereby certifies the following:
a. Transferor is the owner of the real property being conveyed.
b. Transferor is not a foreign person, entity, or disregarded entity (as such terms are defined in the
Internal Revenue Code and Income Tax Regulations); and
c. Transferor's U.S. Taxpayer Identification Number and address set forth above are true and correct.
Transferor understands that this certification may be disclosed to the Internal Revenue Service by
Transferee and that any false statement contained herein could be punish2�7
imprisonment or
both.
Initial
6. Illinois law (15 ILCS 405/10.05 to 405/10.05b) requires the State of Illinois Comptroller to deduct from
any warrants or payments the amount of any outstanding account or claim in favor of the State of
Illinois and any amount necessary to satisfy past due child support or delinquent student loan and
financial aid obligations on any loan guaranteed by the Illinois Student Assistance Commission.
7. This Receipt of Conveyance Documents and Disbursement Statement is the entire and exclusive
agreement between the parties and supersede any written or oral understanding, promise or
agreement, directly or indirectly related to the conveyance of parcel and improvements. The parties
1agree that any changes to this Receipt may only be made in writing and signed by the parties.
Date: `� �, 'a ,
Grantor: Calin Magherusan
ignature
Calin Magherusan
Print Name (and Title, if applicable)
)f 2 LA 4112A Template (Rev. 02/9/16)
Form Request for Taxpayer Give form to the
(Rev. March2024) Identification Number and Certification requester. Do not
Department of theTreasurysend to the IRS.
Internal Revenue Service Go to www.irs.gov/FormW9 for instructions and the latest information.
Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below.
1 Name of entityAndividual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner's name on line 1, and enter tree ousinessraisregarcea
entity's name on line 2.)
�19 z I NE K
2 Business name/disregarded entity name, if different from above.
o
3a Check the appropriate box for federal tax classification of the entity/Individual whose name Is entered on line 1. Check
4 Exemptions (codes apply only to
monly
one of the following seven boxes.
certain entities, not individuals;
see instructions on page 3);
a
1Z
9Individual/sole proprietor ❑ C corporation ❑ S corporation ❑ Partnership ❑ Trust/estate
0
c
❑ LLC. Enter the tax classification (C = C corporation, S = S corporation. P = Partnership) .
Exempt payee code (if any)
ai
Q- .o
c"i
Note: Check the "LLC" box above and, in the entry space, enter the appropriate code (C, S, or P) for the tax
classification of the LLC, unless it Is a disregarded entity. A disregarded entity should instead check the appropriate
Exemption from Foreign Account Tax
`o wbox
for the tax classification of its owner.
Compliance Act (FATCA) reporting
y
e -
❑Other (see instructions)
code (if any)
3b If on line 3a you checked "Partnership" or "Trust/estate," or checked "LLC" and entered "P" as its tax classification,
a`
(Applies to accounts maintained
and you are providing this form to a partnership, trust, or estate in which you have an ownership interest, check ❑
outside the United States.)
Nthis
box if you have any foreign partners, owners, or beneficiaries. See instructions . . . . . .
5 Address (number, street, and apt. or suite). See instructions.
Requester's name and address (optional)
01 ? e) (1 (1 ' ( o
6 City, state, and ZIP code
C'I
7 List account number(s) here (optional)
Taxpayer Identification Number (TIN)
Mee
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid I ---
backup withholding. For individuals, this is generally your social security number (SSN). However, for a _
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other d
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a or
TIN, later. I Employer identification number
Note: If the account is in more than one name, see the instructions for line 1. See also What Name and M
_ ��
Number To Give the Requester for guidelines on whose number to enter.
Certification ----- - —
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. 1 am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. 1 am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (f any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, ntributions to an individual retirement arrangement (IRA), and, generally, payments
other than interest and dividends, you are not required to si a -the G 1f ation, but y ust provide your correct TIN. See t e instructions for Part II, later.
Sign Signature of
Here I U.S. person
General Instruction
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/FormW9.
What's New
Line 3a has been modified to clarify how a disregarded entity completes
this line. An LLC that is a disregarded entity should check the
appropriate box for the tax classification of its owner. Otherwise, it
should check the "LLC" box and enter its appropriate tax classification.
Date
New line 3b has been added to this form. A flow -through entity is
required to complete this line to indicate that it has direct or indirect
foreign partners, owners, or beneficiaries when it provides the Form W-9
to another flow -through entity in which it has an ownership interest. This
change is intended to provide a flow -through entity with information
regarding the status of its indirect foreign partners, owners, or
beneficiaries, so that it can satisfy any applicable reporting
requirements. For example, a partnership that has any indirect foreign
partners may be required to complete Schedules K-2 and K-3. See the
Partnership Instructions for Schedules K-2 and K-3 (Form 1065).
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
information return with the IRS is giving you this form because they
Cat. No. 10231X "" '. - ` -