HomeMy WebLinkAboutRESOLUTION - 72-79 - 9/25/1979 - AGRMT/EASEMENT/EG TOWNSHIP / GULLO RESOLUTION N0. 72-79
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT TO SIGN AN EASEMENT AGREEMENT
BETWEEN THE ELK GROVE TOWNSHIP HIGHWAY COMMISSION, THE FIRST ARLINGTON
NATIONAL BANK, AND THE VILLAGE OF ELK GROVE VILLAGE
NOW, THEREFORE, 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''
, 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 resolution shall be in full force and effect
from and after its passage and approval according to law.
PASSED this 25th day of September , 1979 .
APPROVED this 25 th day of September , 1979 .
President
Attest:Attest:
Village jerk
GRANT OF EASEMENT
This easement grant is made between ELK GROVE TOWNSHIP HIGHWAY
COMMISSION, hereinafter referred to as "Grantor" and FIRST ARLINGTON
NATIONAL BANK, as Trustee under Trust Agreement dated March 29, 1975 ,
and known as Trust No. A-609, hereinafter referred to as "Grantee No. 1",
and VILLAGE OF ELK GROVE, ILLINOIS, hereinafter referred to as "Grantee
No. 2":
A. The Grantor is the owner of a tract of land described as
follows and hereinafter referred to as Parcel #1 :
The West 15.0 feet of the East half of
Stanley Street lying South of the South
line of Higgins Road and lying North of the
South line of William Street extended East,
in the West half of the Southwest quarter of
Section 22 , Township 41 North, Range 11,
East of the Third Principal Meridian, in
Cook County, Illinois .
B. Grantee #1 is the owner of a tract of land described as
follows and hereinafter referred to as Parcel #2 :
Lots 1, 2 and 3 in Gullo International
Office and Industrial Center Subdivision,
being a subdivision in the West k of the
Southwest k of Section 22 , Township 41 North,
Range 11, East of the Third Principal
Meridian, in Cook County, Illinois .
C. The Grantor wishes to grant and the Grantees wish to
receive an easement over, under and across Parcel #1.
NOW THEREFORE, in consideration of $10. 00 and other good and
valuable consideration, the receipt and sufficiency of which are hereby
acknowledge, the following grants , agreements and covenants are made :
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1. Grant of Easement. The Grantor hereby grants to the
Grantees , and their assigns, as an easement appurtenant to Parcel #2 as
a perpetual easement for sewer and water services under and across the
easement premises described above in Paragraph A.
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. The exclusive
use of the sewer and water lines is hereby granted .
3. Division of Dominant Tenement. Parcel #2 is divided into
three lots and maybe further divided into many parts and the ownership
may be separated or leased ; all of said parts shall enjoy the benefit
of the easement hereby created and shall be granted an easement to enter
upon Parcel #1 for purposes of using the 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 . In the event the surface above the easement has been
improved by artificial surfacing, such as , but not limited to, paving,
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with asphalt or concrete and is damaged by Grantee #1 with the original
installation of the sewer and water lines , then the surface shall be
restored to its original condition after said installation. If the
surface is damaged by Grantee #2 while servicing or repairing said lines
after the acceptance, then said surface shall be restored to its
original condition and the cost of same shall be borne by Grantee #2 .
5. Running of Benefits and Burdens. All provisions of this
instrument , including the benefits and burdens , run with the land and
are binding upon and inure to the heirs , assigns , successors , tenants
and personal representatives of the parties hereto.
6. Attorneys Fees. Any party may enforce this instrument
by appropriate action and should it prevail in such litigation, it shall
recover as part of its costs a reasonable attorneys fees .
IN WITNESS WHEREOF, the Grantor and the Grantees have hereunto
set their hands and seals the 4th day of October 1979.
ELK GROVE TOWNSHIP /HIGHWAY COMMISSION
by : £.ply 20 r N.r- .s ✓.
FIRST ARLINGTON NATIONAL' BANK, as Trustee
under Trust Agreement dated March 29, 1975
ATTEST : and known as Trust No . A-609
by :
Vice Pr sident Assistant Trust tfficer
i
VILLA OF ELK GROVE, I LINOIS
by : �jj7
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STATE OF ILLINOIS )
SS.
COUNTY OF COOK )
I, the undersigned , a notary public in and for said County, in
the State aforesaid , do hereby certify that Elk Grove Township Highway
Commission, by . VjpujtaQP/t-,�, , personally known to me to be the
same person whose vfame is subscribed to the foregoing instrument , appeared
before me this day in person and acknowledged that he signed , sealed and
delivered the said instrument as his free and voluntary act , for the uses
and purposes herein set forth.
Given under my hand and notarial seal this day of
A. D. 1979 .
Notary Public
My commission expires : ayanzt�
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for said County , in
the State aforesaid , do hereby certify that First Arlington National Bank,
as Trustee under Trust Agreement dated March 29, 1975 and known as Trust
No . A-609, by Richard Kervick, Asst. Trust Officeras Yg�, and
Jerry L. Frump, Vice President , as lfxXxxx of said corporation,
personally known to me to be the same persons whose names are subscribed
to the foregoing instrument , appeared before me this day in person and
acknowledge that they signed , sealed and delivered the said instrument
as such officers of said corporation and caused the seal of said
corporation to be thereunto affixed, as their free and voluntary act and
as the free and voluntary act and deed of said corporation as trustee
aforesaid , for the uses and purposes therein set forth.
Given under my hand and notarial seal this 4th day of
October A. D. 1979.
lZ -u4
Notary Public
My commission expires : January 12, 1953
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STATE OF ILLINOIS )
SS.
COUNTY OF COOK )
I , the undersigned , a notary public in and for said County,
in the State aforesaid, do hereby certify th4tjillage of Elk Grove,
Illinois , by �/ a{��� � its (Aee«2'-X'e ,
personally known to me to &e the same person whose name is subscribed
to the foregoing instrument , appeared before me this day in person and
acknowledged that he signed , sealed and delivered the said instrument
as his free and voluntary act, for the uses and purposes therein set
forth. �(
Given under my hand and notarial seal this 9 - day of
A. D. 1979 . T'--
Noto y Public
My commission expires :
This instrument was prepared by Robert S. Clementi, 33 North LaSalle
Street, Chicago, Illinois .
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