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HomeMy WebLinkAboutRESOLUTION - 30-78 - 5/9/1978 - DEED OF CONVEY/MAINTEN BONDRESOLUTION NO. 30-78 •A RESOLUTION ACCEPTING A DEED OF CONVEYANCE AND MAINTENANCE BOND NO. 216 27 16 AND ACCEPTING FOR PERMANENT OWNERSHIP AND MAINTENANCE THE STREETS, CURB AND GUTTER, SIDEWALKS, STORM SEWER AND WATER MAINS INSTALLED IN ELK GROVE VILLAGE FRISBIE SUBDIVISION AS SHOWN ON ELK GROVE ENGINEERING COMPANY PLAN NUMBER 6587 DATED 1-2-75 AND AS REVISED WHEREAS, the Developer has submitted a Deed of Conveyance and Maintenance Bond in the amount of ,$13,000.00 expiring on May 1, 1980 to the Village of Elk Grove Village as required by the Subdivision Control Ordinance and has fully complied with all provisions of any and all ordinance appertaining; and WHEREAS, the Developer has installed all public improvements as required by the Village, has made full payment of fees, and has submitted required As - Built -Engineering Plans; NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois: Section 1. That the Village of Elk Grove Village does hereby accept a Deed of Conveyance and Maintenance Bond No. 216 27 16 for public improvements as shown on Elk Grove Engineering Company Plan No. 6587 dated January 2, 1975 and as re- vised, otherwise described as Commerce Drive. Section 2. That this resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 9th day of May 1978. APPROVED this 9th day of May 1978. ATTEST: % Villa Clerk Bond -3050 A CnurSement Form Date,13th Day of April 1978 This endorsement forms a part of Hund no. ..2162716 . issued by .National Ben -Franklin Ins. Co. of Illinois ............................................................................................................. (Surety C00pBny) to Village of Elk Grove Village ..................................................................................................................................................... (Obligee or Ineured) on behalf of .. McLe.Txmn... enexal... on_$txpet,ion...C9mpany.............................................................. (Principal) inthe amount of .... $13.,.QQQ.�.................................................................................................................................... Dollars effective 13th„ Day pf„ Apri1...1978.. , From: Whereas, the principal has constructed subdivision improvements of streets, curbs, gutters, sanitary sewers, storm drainage facilities, watermains, sidewalks & street lights at Frisbie Subdivision Commerce Drive Elk Grove Village. To: The condition of this obligation is such, That, Whereas, said Principal has constructed, in The Frisbie Subdivision, Elk Grove Village, Illinois the following improvements: sanitary and storm sewers, water mains, street paving curb, gutter, and public sidewalks; all of said improve- ments having been installed in accordance with Plan #6587 dated 1/2/75, and as revised, prepared by the Elk Grove Engineering Company of Elk Grove Village, Illinois. From: Whereas, said Obligee requires that the Principal shall furnish a bend conditioned to guarantee against all defects, workmenship and materials during a period of two years from the effective date of this bond. To: Now, Therefore, if the said Principal shall maintain, repair or replace any of the said public improvements which deteriorate or fail to meet performance or operating standards during the bond term ending 4/30,/80 and further, shall pay any penalties which may be incurred as a result thereof. Principal 'ic Lciinqvi C Catn c ion Company -- --- fhn R. Thebault, President Surety National Ren Franklin, Insurance Co Robert J. Feehery Attorney o` -11. Printed In U.S.A. Bond No. BND 216 27 16 Maintenance Bond KNOW ALL MEN BY THESE PRESENTS: 71�CONANENTAL F S=OaCaNNN/LC That we, McLennan General Construction Company, 25 North Northwest Highway Park Ridge, Illinois hereinafter called the Principal, and National -Ben Franklin Insurance Company of Illinois hereinafter called the Surety, a corporation organized under the laws of the State of Illinois with its home office in the City of Chicago in the said State, are held and firmly bound unto the Village of Elk Grove Village hereinafter called the Obligee, in the sum of$13,000.00 Chirteen Thousand and No/100-------Dollars for the payment whereof to the Obligee, the Principal binds itself, its heirs, executors, administrators successors and assigns, and the Surety binds itself, its successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this 13th day of April , 1978. Whereas, the principal has constructed subdivision improvements of streets, curbs, gutters, sanitary sewers, storm drainage facilities, watermains, sidewalks & street lights at Frisbie Subdivision Commerce Drive Elk Grove Village. Whereas, said Obligee requires that the Principal shall furnish a bond conditioned to guarantee against all defects, workmenship and materials during a period of two years from the effective date of this bond. NOW, THEREFORE, the condition of the foregoing obligation is such that if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by reason of the Principal's failure to comply with any of the conditions of this guarantee, then this obligation shall be void; otherwise it shall remain in force. i.2 ND Principal By McLennan Genera L_adnstfluction t, President National -Ben Franklin Insurances Company of Illinois By: ✓ 1 Robert Feehery, torney National -Ben Franklin insurance Compary of Illinois 80 Maid, Lane, New York, New York 10L _3 GENERAL POWER OF ATTORNEY Know all men by these Presents, Tnat NATIONAL -BEN FRANKLIN INSURANCE Ce•APANY OF ILLINOIS ras made constituted and appointedand by these presents does make, censrtute and appoint Robert J. Feehery of Chicago, Illinois Its true and lawful attorney for It and In Its name, place, and stead to execute on behalf of the said Company is sura', - undertakings and contracts of Suretyship tD be given to all obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed In amount the sum of Unlimited Dollars. This Power of Attorney Is granted and Is signed and sealed by facsimile under and by the authority of the following Resolu- tion adopted by the Board of Directors of NATIONAL -BEN FRANKLIN INSURANCE COMPANY OF ILLINOIS on the 26th day of February, 1975 RESOLVED. that the Chairman of the Board, the Vice Chairman of the Board. the President. an Exec ri. Vice President ora Senior Vice Pres- ident or a Vice President of the Company, beand that each or any of them hereby is. authorized to execute Powers of Attorney qualifying the attor- ney named m the given Power of Attorney to execute In behalf of NATIONAL -BEN FRANKLIN INSURANCE COMPANY OF ILLINOIS, bonds under- takings and all contracts or suretyship, and that an Assistant Vice President a Secretary or an Assistant Secretary be and that each or any of them here by is authorized to attest the exeeuhon 01 any such Power of Attorneyand to attach thereto the seal of the Company FURTHER RESOLVED that the signatures of such officers and the seal of the Company may be affixed to any such Power of Anornby or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and In the future with respect to any bondundertaking or contract of suretyship to which it is attach- ed In Witness Whereof, NATIONAL -BEN FRANKLIN INSURANCE COMPANY OF ILLINOIS has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Senior Vice Presidents and attested by one of its Assist- ant Vice Presidents this 22nd day of April. 1977. AttestNATIONAL-BEN ,FRANKLIN INSURANCE COMPANY OF ILLINOIS Morris L Ford, Assistant Vice -President \. STATE OF NEW YORK, If R K Ruesch. senior Vice. President SS COUNTY OF NEW YORK, j On this 22nd day of April, 1977, before me personally came R. K. Ruesch, to me known, who being by me duly sworn, did depose and say that he resides in New Providence, in the County of Union, State of New Jersey, at 35 Alden Road that he is a Senior Vice President of NATIONAL -BEN FRANKLIN INSURANCE COMPANY OF ILLINOIS. the corporation describ- ed in and which executed the above instrument, that he knows the seat of the said corporation; that the seat affixed to the said instrument Is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. rt NO-Aay �� i:':•ueuc:`;f HERBERT HOFFMAN "•�{�J~, NOTARY PUBLIC. State of New York No 52 1821035 in Suffolk County CERTIFICATE certfiled in N Y. co Clk s Office Commission Expires Marco 30, 1979 I, the undersigned, an Assistant Secretary of NATIONAL -BEN FRANKLIN INSURANCE COMPANY OF ILLINOIS. an Illinois corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked, and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, Is now in force. 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TO HAVE AND TO HOLD all of the property hereby granted, bargained, sold, transferred, set over, assigned, conveyed, and delivered unto the Village, its successors and assigns, to and for its own use forever. AND the company does hereby covenant with the Village that it is the lawful owner of and has good and marketable title to said properties hereby granted, bargained, sold, transferred, set over, assigned, conveyed, and delivered, that said property is free from all encumbrances; that the Company has good right to sell the same as aforesaid that it will warrant and defend said property against the lawful claims and demands of all persons. This conveyance is made by the Company pursuant to a resolution duly adopted by its Board of Directors. IN WITNESS WHEREOF, said McLENNAN GENERAL COIISTP.UCTION COMPANY has caused this instrument to be signed in its corporate name by its Vice -President and to be sealed with its corporate seal, and attested by its Secretary, all on this .;W"�-day of 7c�8�iC' , 1977. McLENNAid GENERAL C By AMES D. MCLENP Vice -President ATTEST: R. G. ncLEINAN, Jr Secretary (Corporate Seal) STATE OF ILLINOIS ) COUNTY OF COOT{ & DuPAGE ) CTION COMPAMY I, CARTER L. BEATTY, in and for said County, in the State aforesaid, DO HEREBY CERTIFY that JAMES D. McLENNAN, personally known to me to be the Vice -President of the McLENNAN GENERAL CONSTRUCTION COMPANY, an Illinois corporation, and R. G. McLENNAN, Jr., personally known to me to be the Secretary of said corporation, and 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 severally acknowledged that as such Vice -President and Secretary of said corporation, and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority given by the Board of Directors of said corporation as their free and voluntary act, and as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. Given under my hand and seal (Notary Public Seal) -2- this .�7 ay of (/c�CZY( , NOTARY PUBLIC 1977.