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HomeMy WebLinkAboutRESOLUTION - 34-05 - 6/21/2005 - GRANT OF TEMP EASEMENT/EG PARK DISTRESOLUTION NO. 34-05 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A GRANT OF TEMPORARY EASEMENT BETWEEN THE ELK GROVE PARK DISTRICT AND THE VILLAGE OF ELK GROVE VILLAGE FOR INTERSECTION IMPROVEMENTS AT LEICESTER AND WESTERFIELD ROADS 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 and Village Clerk be and are hereby authorized to sign the attached documents marked: GRANT OF TEMPORARY EASEMENT 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 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: 5 NAYS: 0 ABSENT: 1 PASSED this 21at day of June 2005. APPROVED this 21Bt day of June 2005. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Ann I. Walsh, Village Clerk RESCrantofEwementParkDistLeicestel1005.doc GRANT OF TEMPORARY EASEMENT THIS GRANT.made this 21st day of June , 2005, by the ELK GROVE PARK DISTRICT, (the "Grantor's to the VILLAGE OF ELK GROVE VILLAGE, Cook and DuPage Counties, Illinois, a municipal corporation (the "Grantee'. A: WITNESSETH: WHEREAS, the Grantor is fee owner of a tract of land legally described as follows: Lot 4673 in Elk Grove Village Section 15, being a subdivision in Section 32; Township 41 North, Range 11 East of the third principal meridian in Cook County, Illinois, hereinafterrefen-edto as the Subject Property, and, WHEREAS, the Grantee wishes to obtain, for the benefit of the public, a temporary easement of ingress and egress upon and to, and rights to construct driveway improvements within the Subject Property; and, WHEREAS, the Grantor is willing to grant said temporary easement on the terms and conditions hereinafter set forth. NOW, THEREFORE, In consideration of the mutual undertakings, covenants and agreements of the parties hereto, and other valuable consideration, the receipt and sufficiency of which the parties hereto hereby stipulate, it is agreed by and between them as follows: GRANT OF TEMPORARY EASEMENT: Grantor -grants to Grantee for the general use and benefit of the public, a temporary right and easement'to construct driveway pavement on that portion .of the Subject Property described as follows: Commencing at the northwest comer of the Subject Property aforesaid, thence south along the west line of said lot a dlslarise-of 53.0 feet to the point of beginning, thence east along aline parallel. to the north line of the subject property a distance of 1D.D feet; thence south along a line parallel to the west line of the.subjeet property a distance of 30.•0 feet, thence west along a line parallel to the north line of the subject property a distance of 10.0 feet; thence north along the west line of the subject property a distance of 30.0 feet to the point of beginning. Said parcel contains 300 square feet (0.007 acres), more or less of land. Page 2 The proposed temporary easement is shown on .the site drawing attached hereto as Exhibit A and made a part hereof. The rights, easement and privilege granted herein shall be in effect for a period commencing on the date of this agreement, and terminating on June 5, 2006, or upon the completion of construction, whichever occurs first. 2. RESTRICTIONS ON GRANTEE'S USE OF SURFACE: Grantee agrees not to disturb the surface of the Subject Property except as required in the exercise of its rights under this Grant of Temporary Easement. Should Grantee disturb the surface of said parcel, Grantee agrees that upon completion of all work, Grantee will reconstruct or repair any improvements which are disturbed and will fill, grade, replant, landscape and take all steps to do all other things as are reasonably necessary to return the Subject Property, its surface and Improvements thereon, to substantially the same condition as that which existed immediately prior to such disturbance. AM work to be performed on Grantee's parcel is Identified on the engineering drawing attached hereto as Exhibit B and made a part hereof. 3. INDEMNITY. Grantee agrees to defend, indemnify end hold Grentor; Its agents, employees, successors and assigns harmless from and against all claims, demands, liabilities and expenses, including attorneys' fees and costs, which in any way arise out of or result either directly or Indirectly from the exercise, use or enjoyment of any rights or obligations granted Grantee under this Grant of Temporary Easement. 4. RUNNING OF BENEFITS AND BURDENS: The recitals hereinbefore set forth is hereby made a pan` of this Grant. All provisions of this Grant, Including the benefits and burdens, are intended to and shat) run with the land and are binding upon and Inure to the benefit of the successors, assigns and legal representatives of each of the parties hereto. .. ' 5. ATTORNEYS' FEES: Either party may enforce, this Grant by appropriate action, and should it prevall In such. Litigation, it shall recover as part of its costs. reasonable attorneys' fees and expenses. 6. CONSTRUCTION. The rule of strict construction shall not apply to this Grant. This Grant shalt be iven a reasonable construction so that the Intention of the parties is carried out, but in no event shall -the right of use extend beyond the area granted herein. Page 3 7. NOTICE. Grantor's address is 499 Biesterfield Road, Elk Grove Village, Illinois 60007, and the Grantee's address is 901 Wellington Avenue, Elk Grove Village, Illinois 60007. Either party may give written notice of change of address to the other. All notices shall be sent by U.S. mail to the address provided for in this paragraph, and shall be deemed given when placed in the mail. The affidavit of the person depositing the notice in the U.S. Post Office receptacle shall be evidence of such mailing. B. RELEASE OF EASEMENT. The Grantee herein may terminate this Grant by recording a release in recordable form with direction for delivery of same to Grantor at its last address, given pursuant hereto. In such event, the Grantee must (a) restore the Subject Property to their original unimproved condition; (b) continue to indemnify the Grantor from all claims arising out of Grantee's rights and obligations under this Grant of Temporary Easement. For convenience the release may run to `the owner or owners and parties in interest"in the Subject Property. GRANTOR. ELK GROVE PARK DISTRICT President THE VILLAGE OF ELK GROVE VILLAGE, a municipal corporation By; Craig B. Johnson Mayor Attest. Ann I. Walsh Village Clerk STATE OF ILLINOIS ) ) SS. COUNTIES OF COOKAND DUPAGE) 1, the undersigned, a Notary Public in and for said County in the State aforesaid, DO HEREBY CERTIFY that personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledge that he signed and delivered the said instrument as his.own free and voluntary act for the uses and purposes herein set forth. GIVEN under my hand and Notarial Seal this day of 2005. Notary Public STATE OF ILLINOIS ) )SS. COUNTIES OF COOK AND DUPAGE) 1, the undersigned, a Notary Public in and for said County in the State aforesaid, DO HEREBY CERTIFY that Craig B. Johnson, Mayor of the Village of Elk Grove Village and Ann L Walsh, Village Clerk of the. Village of Elk Grove Village, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Mayor and Village Clerk, respectively, appeared before me this day In person and acknowledge that they signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said Village of Elk Grove Village, for the uses and purposes therein set forth, and the said Village Clerk then and there acknowledged that she, as custodian'of the corporate seal of said Village of Elk Grove Village did affix the corporate seal of said Village of Elk Grove Village to said Instrument as her own free and voluntary act and as the free and,voluntary act of said Village of Elk Grove Village, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal thl day of CA 2005. VL §g§ti sSY.�SSS$SEA OFFICIAL SEAL" PATRICIA DROSCHAK Notary Public, State of Illinois My Commiulan €xpIres 11107105 BIESTERFIELD ROAD LT.0 EXIST. R.X.W. EXIST. R.O.W. I I I � D: Ld U PROPOSED EASEMENT I J I (30' X 10') O I I I t I o 30' 30' 0� 1 ` EXHIBIT A I PROPOSED EASEMENT o SCALE 1"=30' MARCH 10, 2005 N , ! |J Nil I Nil 2 �1 ` §& ƒ o 0 0 [ § z 3§ =Bil 011 g r eeeee m RESOLUTION NO, 05-8 ELK GROVE PARK DISTRICT AN RESOLUTION PROVIDING FOR THE GRANTING OF A TEMPORARY EASEMENT TO THE VILLAGE OF ELK GROVE VILLAGE WHEREAS , Elk Grove Park District ("District") is the owner of certain real estate located south of Biesterfield Road and east of Leicaster Road in the Village of Elk Grove Village, Illinois ("Village") and the Village has requested the District to grant to the Village a certain temporary easement with respect to a portion of said real estate for the purpose of constructing driveway pavement thereon and restoration in connection therewith, as more particularly set forth and depicted in a certain document entitled "Grant of Temporary Easement", a copy of which is attached hereto as Exhibit 1 and by this reference incorporated herein and made a part hereof; and WHEREAS, the granting of such a temporary easement as requested by the Village Is deemed to be In the best Interests of the District and the public. NOW, THEREFORE, be it and the same hereby is Resolved by the Board of Park Commissioners of the District, as follows: 1. That the District shall grant the requested temporary easement to the Village on substantially the terms and conditions as set forth in Exhibit 1. 2. That the President and Secretary are hereby authorized and directed to execute and deliver, on behalf of the District as Grantor, a Grant of Temporary Easement instrument in substantially the form attached hereto as Exhibit 1, granting the requested temporary easement to the Village as Grantee, and to obtain the Grantee's execution and delivery thereof, and to take all such other actions and do all such other things as they may deem necessary or appropriate to effectuate the intent hereof. 3. This Resolution shall be effective upon adoption. ADOPTED this 26th day of May, 2005. VOTES: Ayes: Co miissioner Foster - Abstain Commissioner Cooke Commissioner Souder Commissioner Nunes President O'Malley A;Gro S ElPark District Cook County, Illinois Nays: Absent: President Board of Park Commissioners Elk Grove Park District STATE OF ILLINOIS SS. COUNTY OFCOOK I, RONALD J. NUNES, DO HEREBY CERTIFY that I am the duly elected, qualified and acting Secretary of the Elk Grove Park District and of the Board of Park Commissioners of the Elk Grove Park District; and that I have access to and am custodian of the official Minutes of the Meetings of the Board of Park Commissioners and of the Elk Grove Park District. I DO FURTHER CERTIFY that the above and foregoing is a true and correct copy (duplicate) of a certain Resolution entitled: RESOLUTION NO. 05-8 ELK GROVE PARK DISTRICT AN RESOLUTION PROVIDING FOR THE GRANTING OF A TEMPORARY EASEMENT TO THE VILLAGE OF ELK GROVE VILLAGE That the foregoing was passed by the Board of Park Commissioners of said Elk Grove Park District on the 26th day of May, 2005 and was on the same day approved by the Secretary of the Elk Grove Park District; that it was filed and recorded in the office of the Secretary of the Elk Grove Park District of which the foregoing Is a true copy (duplicate) and is now on file in the office of such Secretary. GIVEN under my hand and seal of the Elk Grove Park District this 26th day of May, 2005. Elk grove Park District Coot( County, Illinois (SEAL)