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HomeMy WebLinkAboutRESOLUTION - 86-78 - 10/24/1978 - DEED OF CONVEY/OAKTON ST RESOLUTION NO. 86-78 A RESOLUTION ACCEPTING A DEED OF CONVEYANCE AND A TWO YEAR MAINTENANCE FOR PUBLIC IMPROVEMENTS IN OAKTON INDUSTRIAL PARK LOCATED ON OAKTON STREET EAST AND WEST OF KENT AVENUE. WHEREAS, the developer has submitted a Deed of Conveyance and Maintenance Bond No. 220 04 98, in the amount of $10,000.00 expiring September 15, 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 ordinances appertaining; and WHEREAS the developer has installed all public improvements as required by the Village, improvements of streets, curbs, gutters, sanitary sewers, storm drainage facilities, warermains, sidewalks, and street lights, has made full payment of fees and has submitted required As-Built-Engineering Plans for Oakton Industrial Park. 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. 220 04 98 for public improvements as shown on Elk Grove Engineering Company Plan No.6488 dated May 8, 1972, otherwise described as Oakton Industrial Park. Section 2. That this resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 24th day of October 1978 APPROVED this 24th day of October /, , 1978. A Village Psesi t ATTEST: l/ Deputy VW lage:' Clerk Cl BND 220 04 98 CardinentW Vsur.n« Comp.ni" Maintenance Bond KNOW ALL MEN BY THESE PRESENTS: 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 Ten Thousand and No/100----Dollars, ($10,000.00) 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. Whereas, said Principal has constructed, in the Oakton Industrial Park, Elk Grove Village, Illinois, the following improvements: Sanitary and storm sewers, water mains, street paving, curb, gutter and public sidewalks; all of said improvements having been installed in accordance with Plan 6488 dated 5/8/72, and as revised, prepared by the Elk Grove Engineering Company of Grove Village, Illinois. Whereas, said Obligee requires that the Principal shall furnish a bond conditioned to guarantee against all defects, workmanship and materials during a period of two years from the effective date of this bond, And, he said Principal shall maintain, repair or replace any of the said puDli Jprovements which deteriorate or fail to meet performance or operating standard during the bond term ending 9/15/80 and further, shall pay any penalties which may be incurred as a result thereof. 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. Signed, sealed and dated this 15th. day of September, 1978 Principal McLennan 7General=ConA iompany By: n / hn R. Thebault, President Sur t National-Ben Franklin Insurance Company of Illin 's By. Rode-rt leFeehery, Attorney 360 W. Jackson Chicago, Ill. 60606 4438 BOND A+A`�vCa1C�nOnL�IOnC�71r�n(��nl��l '�ytlX � 70110tG�.�a•' kCCEQED AP}? p�9 WKS. 1976 " ENGkG. DEED OF CONVEYANCE AND BILL OF SALE (Oakton Industrial Park) THIS INDENTURE WITNESSETH: That CITIZENS BANK & TRUST COMPANY, not personally, but as Trustee under the provisions of a Trust Agreement dated November 5, 1972, and known as Trust No. 66-1827 (hereinafter some- times referred to as the "Trustee") , for and in consideration of the sum of TEN ($10.00) DOLLARS and other good and valuable consideration in hand paid, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, bargain, sell, transfer, set over, assign, convey and deliver unto THE VILLAGE OF ELK GROVE VILLAGE, Cook and DuPage Counties, Illinois, a municipal corporation (hereinafter sometimes referred to as the "Village") , the following: Water, sanitary sewer and storm mains and drains, and equipment as listed and located on engineering plans prepared by Elk Grove Engineering Company, identified as Plan Number 6488, Sheets 1 through 4, dated April 25, 1972, otherwise described in Oakton Industrial Park, which plans are incorporated by reference and made a part hereof and any additions thereto and improvements thereon, and easements for construction, reconstruction and main- tenance as are necessary to operate and maintain the aforesaid mains, drains and equipment. 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 Trustee 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 Trustee has good right to sell the same as aforesaid. IN WITNESS WHEREOF, CITIZENS BANK & TRUST COMPANY, not personally but as Trustee as aforesaid, has caused this instrument to be signed by its EXCL^,PATORY PROVISIONS This instrument is executed by CITTZENS W-11C & TRUST COMPANY, Park Ridge, Illinois not personally but as Trustee, in the exercise of the power and authority conferred upon it as Trustee, and under the express direction of the beneficiaries ofb0-r"�e27 tain Trust Agreement dated November 5, 1972 and known as Trust No. to all, provisions of which 'frust Agreement this instrument is expressly made subject. It is ;expressly understood and agreed by and between the parties hereto, anything bti5ein to the contrary notwithstanding, that each and all of the representations, covenants, promises, obligations, liabilities, undertakings and agreements herein made on the part of the Truitee while in form purport_ng to be the representations, covenants, promises: obligations, liabilities, undertakin^s and agreements of said Trustee are nevertheless each and every one of them made and intended not as personal representations, promises, obligations, liabilities, covenants, undertakings and agree- ments by the Trustee or for the purpose or with the intention of binding said Trustee personally but are made and intended for the purpose of binding only that portion of the trust property specifically held subject to said Trust Agreement, and this instru- ment is executed and delivered by said Trustee not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee; and that no personal liability or personal responsibility is assumed by nor shall at any time be asserted 1 or enforceable against the CITIZENS BANK & TRUST COMPANY or any of the beneficiaries J under said Trust Agreement on account of this instrument or on account of any repre- sentation, covenant, promise, obligation,. liability, undertaking or agreement of the said Trustee in this instrument contained, either express or implied, all such per- sonal liability, if any, being expressly waived and released. same persons whose names are subscribed to the foregoing instrument as such Asst.Vice President and Assistant Secretary, respectively, appeared before me this day in persot- and acknowledged that they signed and delivered the said instru- ment as their own free and voluntary act and as the free and voluntary act of said Bank, as Trustee as aforesaid, for the uses and purposes therein set forth; and the said Assistant Secretary then and there acknowledged that he, as custodian of the corporate seal of said Bank, did affix the corporate seal of said Bank to said instrument as his own free and voluntary act and as the free and voluntary act of said Bank, as Trustee as aforesaid, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this lst day of April, 1976. &t5�� N�_a 4�_ Notary Public My commission expires: -2-