HomeMy WebLinkAboutRESOLUTION - 3-68 - 1/23/1968 - AGRMT/ZENITH RADIO CORPRESOLUTION N0. 3-68
AUTHORIZING THE SIGNING OF AN AGREEMENT BETWEEN THE VILLAGE AND ZENITH
RADIO CORPORATION RELATING TO A DRAINAGE EASEMENT
NODI, 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 AGREEMENT Exhibit A
, a copy of which is attached hereto and made a part hereof
as if fully set forth and the Village: Cleric is authorized to attest said
documents upon the signature of the Village President.
Section 2 - That this resolution shall be in full force and effecL from
and after its Oassage and approval according to law.
PASSED this 23rd day of January , 196 68
APPROVED this 23rd day of January , 1;6 68
Jack D. Pahl
President
Attest:
Eleanor G. Turner
Village Clerk
A
l
.5_
A G R E E M E N T
WHEREAS, the Zenith Radio Corporation is the contract pur-
chaser of real estate legally described as follows:
Lot 211 in Centex Industrial Parr,,
Unit 108, being a subdivision in
Section 35, Township 41 North, Range
11, East of the Third Principal Meridian,
in Cook County, Illinois,
and
WHEREAS, Chicago Title & Trust Company as Trustee under
Trust No. 3890( is the contract; seller of said real estate,
and
WHEREAS, by plat recorded October 6, 1966 with the Recorder
of Deeds of Cook County as Document l) 962 261, the property
legally described as follows:
The North 400 feet of the West 50 feet
of that part of the Southwest quarter
(S.^T 1!4) of Section 35, Township 41 North,
Range 11 Fast of the 3rd P.M. bounded
and described as follows: Commencing at
the Northwest corner of Lot 208 in Centex
Industrial 'earl:, Unit; 105, being a sub-
division in said Section 35; thence
S :,utll along the West line of said Lot 208
and the West line of Lot "A" in said
Centex Industrial park, Unit 105,
425 feet to the Southwest corner of said
Lot "A"; thence West along the South
line of said Lot "A" extended West,
a distance of 465.12 feet; thence North
425.00 feet to a point on the South line
of Arthur Avenue, 463 feet West of the
place of beginning; thence East along saic
South line of Arthur Avenue 463 feet to
the place of beginning in Cool, County„
Illinois, (said fifty
(50) foot by four hundred (400) foot strip of
land hereinabove described being shown as
"HEREBY DEDICATED FOR DRAINAGE PURPOSES" on
the Subdivision Plat known as Centex Industrial
Park Unit 108 recorded Oct. 6, 1966 as Document
No. 19 962 261 in the Recorder's Office of
Cook County, Illinois).
was dedicated for storm water drainage, and
WHEREAS, the Village of Elk Grove Village is the concerned
municipal corporation having authority over drainage in the
Village of Elk Grove Village and the property aforedescribed,
and has approved the vacation of the last described property,
reserving unto itself an appropriate easement for drainage
purposes only;
NOW, THEREFORE, in consideration of the foregoing, the parties
hereunto agree as follows:
1. At any time within five (5) years after Zenith
Radio Corporation acquires title to the real estate
last above described, Zenith Radio Corporation shall
at its own expense construct storm water drains in
said property in accordance with the engineering
plans hereto attached as Exhibit 2. Upon completion
of said construction, title to said personal
property shall be conveyed to the Village of Elk
Grove Village by appropriate bill of sale and the
Village shall be furnished a copy of the As -Built
drawings.
2. In the event that Zenith Radio Corporation
acquires title to the real estate last above
described but does not so construct said drains
within said five (5) year period, Zenith Radio
Corporation shall cause a plat of dedication for
drainage purposes of the last legally described
real estate to be executed and delivered to the
Village Clerk of Elk Grove Village so that the
Village of Elk Grove Village shall have the same
right as it had prior to the vacation tffereof.
Upon delivery of said plat of dedication to the
Village by Zenith Radio Corporation pursuant
hereto, then the right of the Village under
Paragraph 1 above shall cease and determine.
3. The Village of Elk Grove Village agrees to
approve all building permits for buildings
built in compliance with its building and
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zoning codes over and upon the .last described real estate;
provided, however, that the atorementioned storm drains are
constructed as provided herein and provided that the buildings
are so constructed as not to interfere with said storm drains
and shall provide the Village, its agents and employees,
access to said storm drains so that same can be maintained,
renewed or reconstructed as the occasion may require. All
engineering requirements shall be as determined and inter-
preted by the Village Engineer.
4. It is understood that all costs in connection with the
aforementioned installation and reconstruction when necessary
of drains and provision of access thereto shall be borne by
Zenith Radio Corporation. Above normal costs of maintenance
of said drains shall be borne by Zenith Radio Corporation.
Above normal costs shall be that amount spent in maintaining said
drains in excess of that amount spent to maintain an open
drainage ditch of like size.
5. It is further understood that this agreement shall bind the
Zenith Radio Corporation and its assigns and shall be deemed
to be a covenant running with the land and binding future owners
of all real estate described herein,
6. This agreement shall be enforceable by either party by a law
suit requesting specific performance in the event that either party
hereto shall violate the provisions hereof.
IN WITNESS WHEREOF, the parties have this day of
1968 entered their hand and seal.
ZENITH RADIO CORPORATION VILLAGE OF ELK GROVE VILLAGE
BY:
Attest:
(title)
Attes .
Villag C erk
PARTIAL PLAT VACATION
RESERVING EASEMENT FOR STORM DRAINS TO BE INSTALLED
WHEREAS, the Chicago Title and `.Crust Company as Trustee under
Trust No. 38909 did, by plat, dedicate the following legally
described property to the public for drainage purposes:
The North 4-00 feet of the West 50 feet of
that part of the Southwest Quarter (SW 1/4)
of Section 35, Township 41 North, Range 11,
East of the 3rd P.M. bounded and described
as follows: Commencing at the Northwest corner
of Lot 208 in Centex Industrial Park, Unit 105
being a subdivision in said Section 35; thence
South alone; the West :Line of said Lot 206 and
the West line of Lot "4A" in said Centex
Industrial Park, Unit 105, 42feet to the
Southwest corner of said Lot 'A"; thence
West along the South :Line of said Lot "A"
extended West, a distance of 465.12 feet;
thence North 425 feet to a point on the South
line of Arthur Avenue, 463 feet West of the
place of beginning; thence East along said
South line of Arthur Avenue, 463 feet to the
p] -ace of beginning, in Cook County, Illinois
(Said fifty (50) foot by four hundred (400)
foot striP, of land hereinabove described being
shown as 'HEREBY DEDICATED FOR DRAINAGE PURPOSES"
on the Subdivision Plat known as Centex
Industrial_ Park Unit -L08 recorded Oct. 6, 1966
as Document J/1<) 962 26)l in the Recorderts Office
of Cook County Illino:is),
and
WHEREAS, said plat known as Centex Industrial Park Unit 108 was
recorded October o', 1?66 as Document 19 962 261 in the Recorder's
Office, Cook County, Illinois, and
WHEREAS, the Chicago Title and `.Crust Company as Trustee under
Trust No. 38'=)0c) has entered into a contract of sale under which
Zenith Radio Corporation may acquire property legally described
as follows: Lot 211 in Centex Industrial Park Unit 108 being a
subdivision in Section 35, Township 41 North, Range 11, East of
the Third Principal Meridian, in Cook County, Illinois, but the
conveyance is contingent on Zenith Radio Corporation's right to
build a building or buildings over and upon theoaforedescribed
real estate, and
WHEREAS, the Village of Elle Grove Village, acting as Trustee
for the benefit of the public, is desirous of encouraging the
Zenith Radio Corporation to locate within the limits of the
Village of Elk Grove Village provided that adequate drainage
through the above-described property is properly preserved.
WHEREAS, the Zenith Radio Corporation, by agreement with the
Village of Elk Grove Village, marked Exhibit 1 attached, has
undertaken to preserve said drainage as therein set forth;
NOW, THEREFORE, Chicago Title and Trust Company as Trustee under
Trust No. 38909, owner of all real estate described herein does
hereby vacate the plat heretofore described, a copy of which is
attached and marked Exhibit 3, insofar as said plat dedicates the
real estate first described herein reserving, however, unto the
Village of Elk Grove Village, for the benefit of the public, an
easement and right in said Village to maintain, renew, reconstruct
and service the storm drains to be constructed by virtue of the
agreement attached and marked Exhibit 1.
CHICAGO TITLE & TRUST COMPANY AS
TRUSTEE UNDER TRUST NO. 38909
Attest:
By: By:
Its: Its:
STATE OF ILLINOIS ) SS
COUNTY OF COOK )
I, a Notary Public in and for the
County in the State aforesaid do hereby certify that
(title)
of Chicago Title and Trust Company, and
(title) of said Company, 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
acknowledged that they signed and delivered the said instrument as
their own free and voulntary act and as the free and voluntary act
of said corporation for the uses and purposes therein set forth,
and the said (title) did also then and
there acknowledge that the (ore she) as Custodian of the Corporate
Seal of said Corporation, did affix said seal to said instrument
as his (or her) own free and voluntary act and las the free and
voluntary act of said Corporation for the uses and purposes therein
set forth.
Given under my hand and Notarial seal this day of
1968.
Notary Public
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