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HomeMy WebLinkAboutRESOLUTION - 23-76 - 4/13/1976 - DEED OF CONVEY/MAINTENANCE BONDRESOLUTION NO. 23-76 A RESOLUTION ACCEPTING A DEED OF CONVEYANCE, MAINTENANCE BOND AND ACCEPTING FOR PERMANENT OWNERSHIP AND MAINTENANCE, THE STREETS, CURB AND GUTTER, STORM SEWER, SANITARY SEWER AND WATER MAINS INSTALLED IN ELK GROVE VILLAGE IN ROGER'S INDUSTRIAL PARK AS SHOWN ON ELK GROVE ENGINEERING COMPANY PLAN NUMBER 6284, REVISED July 29, 1969 WHEREAS, the Developer has submitted a Deed of Conveyance and Maintenance Bond in the amount of $34,000.00 expiring on May 1, 1978 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 completed all repairs to 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, State of Illinois: Section 1. That the Village of Elk Grove Village does hereby accept a Deed of Conveyance and Maintenance Bond for public improvements as shown on Elk Grove Engineering Plan Number 6284, dated and revised on July 29, 1969 otherwise described as Greeneleaf Avenue from Elmhurst Road to Carmen Drive, Coyle, Avenue, Carmen 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 13th day of April 1976 APPROVED this 13th day of April 1976. Village resident L ATT f� Village C D, fk DEED OF CONVEYANCE AND BILL OF SALE p�c�/VFX E 'SPR mvj,3 2 Jy,S 'PHIS INDENTURE WITNESSETH: THAT ARTHUR J. ROGERS & CO., a corporation, organized and existing under the laws of the State of Illinois (hereinafter sometimes referred to as the "Company"), for and in consideration of the sum of TEN DOLLARS ($10.00) 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 as 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 identified as Plan Number 6284, dated August 2, 1971, other- wise described on Exhibit "A""attached hereto and made a part hereof. 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 reso- IuLion Ouly adopted by its Board of Directors. Pie Engineerinq Ple-ns re.erred to herein are on file in the rrgineering Department, That part of the West half of the Northwest quarter of Section 36, Township 41 North, Range 11, East of the Third Principal Meridian, lying South of the center line of Higgins Road, except the Southerly 327 feet thereof and also except therefrom that part described as follows: Commencing at the intersection of the center line of Higgins Road with the West line of said Northwest one-quarter; thence Easterly along the center line of said Higgins Road 29 rods; thence South parallel with the West line of said Northwest one-quarter 36 rods; thence Northwesterly parallel with Higgins Road 29 rods to the West line of said Northwest one-quarter and thence North on said West line to the place of beginning, in Cook County, Illinois_ This is an Exhibit to the Deed of Conveyance and Bill of Sale accepted by Resolution t;o. 23-76 adopted April 13, 1976, IN WITNESS WHEREOF, said ARTHUR J. ROGERS & CO. has caused this instrument to be signed in its corporate name by its President and to be sealed with its corporate seal, and attested by its Secretary, n this .I :_ day of April, 1975. ARTHUR J. ROGERS & CO. ARTHUR J. ROGERS, President ATTEST: r' RALPHI P. HUDGIN, Seretary f - 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 ARTHUR J. ROGERS personally known to me to be the President of ARTHUR J. ROGERS & CO., an Illinois corporation and RALPH P. HUDGIN, 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 President and Secretary they signed and delivered the said instrument as 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 this c; day of April, 1975. 1 � A Notary Public B..d•3050A Form This endorsement fors a parr of QynUorSement Dace, March 18, ;;aiatenance Bond 1976 Bond 2.0 205 70 53 issuedby national -Ben Franklin Insurance Comoanv of Illinois no.......................... .............. ....... ......... ....................................... _...... ..................................... (5— ey con.... Village of Elk Grove Village, Illinois to......................................V.......................................................................................................................................................... (oeua•. o. cd.w.a> on behalf of ........ KoppersInd......ust...rial........Par.:.:.............................................................................._..................................._ ........... (Prim ip>p , Thirty -Four Tnousand and 0,0 /'.00 �00t7.00�,--.-- ----Dollars in the amount of ...................................... ........................... ..... .......... effective ....... May,_1�..,1975 .................................... . Effective May 1, 1975 It is agreed that paragraph three (3) is hereby amended as follows: Whereas, the principal has agraed to the maintenance of public improvements including Sanitary and Storm Sewers, [dater Mains, Curbs, Streets, Sidewalks, Maaholes Etc, in Rogers Industrial Park, i:1k Grove Village, Illinois This endorsement supersedes endorsement dated February 5, 1976. Principal Rogers industrial P Surety National -Ben Fraaklin.lnauranpe Compaay of Illinois"l Ann Gorman, ,,) Attorney J` P,tne.d In V.S.A. 80 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORN,e, Know all men by these Presents, That NATIONAL -BEN FRANKLIN INSURANCE COM- PANY OF ILLINOIS has made, constituted, and appointed, and by these presents does make, constitute, and appoint Ann Gorman of Chicago, 1llinois its true and lawful attorney for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to 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 One Million ($1,0001000.) Dollars. This Power of Attorney is granted and is signed and sealed by facsimile pursuant to the provision of the By -Laws of the Company, which provides that the Executive Committee of the Board of Directors "shall have all of the powers of the Board when the Board is not in session that can legally be delegated to it"; and pursuant to the following reso- lution adopted by the said Executive Committee on the 13th day of March, 1969; both said By-..aw provision and said resolution being now in full force and effect: "RESOLVED, that the Chairman of the Board, . Vice Chairman of the Beard, the President, an Executive Vice President or any Vice President of the Company, be, and that each or any of them hereby is uthorlsed to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of NATIONAL -BEN FRANKLIN INSURANCE COMPANY OF ILLINOIS, bonds, undertaking. and all e..tracts of suretyship; and that any Secretary or any Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officer. and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile .;...turas or facsimile .eel shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which ;t ;s attached." 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 Vice Presidents and attested by one of its Secretaries this 22nd day of April, 1974. NATIONAL. -BEN FRANKLIN INSURANCE COMPANY OF ILLINOIS Attest: By w Secretary •.-••�,' °1��-- Yiee•Praaidant STATE OF NEW YORK, COUNTY OF NEW YORK On this 22nd day of April, 1974, 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 Vice President of NATIONAL -BEN FRANKLIN INSURANCE COMPANY OF ILLINOIS, the cor- poration described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Executive Committee of the Board of Directors of said corporation and that he signed his name thereto by like order. P ...206 VA MARY TOBIN CERTIFICATE Notary Public, State of New York No. 30-3993365 STATE OF NEW YORK, ) Qualified in Nassau County )? as.: Certificate filed in New York County Clark's OfNce COUNTY OF NEW YORK Commission Expires March 30, 191 1, the undersigned, an Assistant Secretary of NATIONALfBEN FRANKLIN INSURANCE CONIPANY 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 o(the Executive Committee of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of New York. Dated the IBti, 54 Bond 4 31 5D dayof starch 19 76 A.,t. Secre t.ry Q) bund IVU. bC: <U3 /V JO MM ALL MEN BY THESE PRESENTS: VI 8 1975 MAINMNANCE BOND EJB. W.'s That we, Rogers Industrial park, 3170 Des Plaines Avenue, Des Plaines, Illinois hareirafter called the Principal, and National -Ben Franklin Irsurance Company of Illinois hereinafter called the Surety, a corporation organized undar the laws of the Stat, 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, Illinois hereirafter called the Obligee, in the sum of Thirty -Four Thousand and No/100---------------------Dollars ($34,000.00), for the payment whereof to the Obligee, the Principal binds itself, its heirs, executors, administrators, succ- essors and assigns, and the Surety birds itself, its successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this 1st day of Play, 1975. Whereas, the principal has agreed to the maintenance of public improvements incl- uding Sanitary and Sto_m Sewers, Curbs, Streets, Sidewalks, Pfanholes Etc. in Rogers Industrial Park, Des Plaines, Illinois. Whereas, said Obligee requires that the Principal shall furnish a bond conditioned to guarantee against all defects, wor'amenship and materials during a period of three (3) years from the effective date of this bond. NOW, T-aREFORE, 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 is shall remain it, force. PRIPiCTPAL ROGERS INDUSTRIAL PARK t SURETY NATIONAL -BEN FRANKLIN INSURANCE CO.XPANY OF ILLINOIS Ann Gorman, Attorney M a13.. .,n. 80 ' iden Lane, New York, New York '0038 GENERAL ?OWER OF ATTORNEY Know all men by these Presents, That NATIONAL -BEN FRANKLIN INSURANCE COM- PANY OF ILLINOIS has made, constituted, and appointed, and by these presents does make, constitute, and appoint Ann Gornan 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, as surety, bonds, undertakings and contracts of suretyship to 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 One Million ($1,000,000.) Dollars This Power of Attorney is granted and is signed and sealed by facsimile pursuant to the provision of the By -Laws OF the Company, which provides that the Executive Committee of the Board of Directors "shall have all of the powers of the Board when the Board is not in session that can legally be delegated to it"; and pursuant to the following reso- lotion adopted by the said Executive Committee on -he 13th day of March, 1969; both said By -Law provision and said resolution being now in full force and effect: "RESOLVED, that the Chde of the Board, . Vice Chai of the Board, the P,es;J..k an Executive Vice Resident o ... Vice Pr.s;d.ne of ehe Comwny, be, >ad that each o any of th.m hereby i — borised toewe t. Pow of Attorney audrf.in, the iven attorney named in the gPower of Attorney m e cute in behdf of NATIONAL -BEN FRANKLIN INSURANCE COMPANY OF ILLINOIS, bonds, unde.eaMnge and Ai contracts of surelyship; and that any Secretary or any Assistant Secretary be. and tb.t each or any of them hereby is, authar,sed to sunt the execution of any such Power of Attorney, and to attach thereto the seal of the Cemp.ny. FURTHER RESOLVED, that the . ..tures of such offi<ees end the seal of the C...... may be affixed to any such Pow.. of After.., or to .ny ...ti Feat. relating thereto by facsimile, and any such Power of Attorney or certificate bearing such fseslmia signatwea or faoi ails east shall be v.lid and binding upon the Company when so affixed and in the future with respect to any band undertaking or contract of suretyship to which it is auaehdd." In Witness Whereo F. NATIONAL -BEN FRANKLIN INSURANCE. COMPANY OF ILLINOIS has caused its Official ..at to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Secretaries this 15th day of April, 1971. NATIONAL -BEN FRANKLIN INSURANCE COMPANY OF ILLINOIS Attest: By Seeraary Vice-Pr..idea. STATE OF NEW YORK, COUNTY OF NEW YORK On this 15th day of April, 1971, 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 Vice President of NATIONAL -BEN FRANKUN INSURANCE COMPANY OF ILLINOIS, the cur. potation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Executive Committee of the Board of Directors of said corporation and that he signed his name thereto by like order. �'*�....••'� MARY TOBIN CERTIFICATE Notary Public, State of New York No. 30-3993365 STATE OF NEW YORK, - 0u8li6ed in Nassau County as : Certificate filed in New York County Clerks Office COUNTY OF NEV YORK Commission Expires March 30, 1977 1, 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 Executive Committee of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of New York. Dated the Ss Bond 4315C 1St day of May ,19 75 . Aute $errtt.q PdalwdI. uS