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Home My WebLink AboutRESOLUTION - 68-07 - 12/11/2007 - EASEMENT Doc#: 0734834026 Fee: $42.06 Eugene 'Gene' Moore Cook County Recorder of Deeds Date: 1211412007 09:16 AM Pg: 1 of 10 ---------- -- ----- Elk Grove Village RESOLUTION NO. 68-07 VILLAGE OF ELK GROVE VILLAGE ANN I. WALSH, VILLAGE CL�,RK 901 WELLINGTON AVENUE. ELK GROVE VILLAGE, ILLINOIS 60007 Cook County RESOLUTION NO. 68-07 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A GRANT OF PERMANENT AND TEMPORARY EASEMENT AGREEMENT BETWEEN PRINCE OF PEACE UNITED METHODIST CHURCH AND THE VILLAGE OF ELK GROVE VILLAGE (DEVON AVENUE SANITARY SEWER REPLACEMENT) 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 PERMANENT AND TEMPORARY EASEMENT PRINCE OF PEACE UNITED METHODIST CHURCH copies of which are 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: 6 NAYS: 0 ABSENT: 0 PASSED this I It' day of December 2007 APPROVED this 111h day of December 2007 A P P R OVE4,D: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST- Ann 1. Walsh Village Clerk GRANT OF PERMANENT AND TEMPORARY EASEMENT THIS GRANT made this 2-P 0 day of k�c,5;74113 J�r—�, 2007, by PRINCE OF PEACE UNITED METHODIST CHURCH (the "Grantor') to the VILLAGE OF ELK GROVE VILLAGE, Cook and DuPage Counties, Illinois, a municipal corporation �the 'Grantee). W I T N E S S E T H., WHEREAS, the Grantor is fee owner of, a tract of land legally described as follows: Beginning at the southeast comer of Lot 4209 in Elk Grove Village Section 14, according to the plat thereof recorded October 21, 1965 as document 19625181., being also the, northeast coiner of the grantor; thence on an assu med bearing of South 2 degrees 48 minutes 24 seconds East along the east line of grantor, tieing also the west right of way line of Arlington Heights Road recorded February 14, 1973 as document numbers ,22220782 and 22220783, a distance of 410.00 feet to.the northwesterly right of way line of Arlington Heights Road.. according to condemnation case number 72L 1244, filed January 31, 1972, being also the southeasterly line of e�rantor thence South 35 degrees 20 minutes 47 seconds West along the said northwesterly right of way line of Arlington Heights Road, being also the southeasterly line of the grantor, a distance of 32.36 feet to the north right of way line of Devon Avenue recorded October 29, 1930 as document number 10779387, being also the south line of the grantor; thence South 88 degrees 46 minutes 23 seconds West along the said north fight of way line of Devon .Avenue, being also the south line of the grantor; a distance of 31.87 feet; thence North 38 degrees 51 minutes 08 seconds East, a distance of 40.39 feet to a point 25.00 feet normally distant West of the said west right of way line of Arlington Heights Road; thence North 2 degrees 48 minutes 24 seconds West along a line 25.00 feet normally distant West of and parallel with the 'said west right of way line of Arlington Heights Road, a distance of 405.08 fect to the south line of Lot 4209 in said Flk Grove Village Sprtion 14, being also the north line of the grantor, thence North 88 degrees 46 minutes 23 seconds East along the south line of Lot 4209 in said Elk- Grove Village Section 14, being also the north line of the grantor, a distance of 25.01 feet to the point of beginning; Page I - beginning. Said parcel contains 3300 square.feet (0.076 acres), more or less of land. ------The proposed-temporaty easement-is-shown-ort-the--site-drawing-attached hereto as ,Exhibit A and made a part hereof The rights, easement and privilege for the temporary easement shall be in . effect for a period commencing on the date of this agreement, and terminating on October 10, 2o68. 3. 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 Permanent and 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. dQ 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.. 4. INDEMNITY: Grantee agrees to defend, indemnify and hold Grantor, 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 Permanent and Temporary Easement. 5. PUNNING OF BENEFITS AND BURDENS: The recitals hereinbefore set- forth is hereby made a part of this Grant. All provisions of this Grant, including the benefits and. burdens, are intended to and shall run with the land and all binding upon and inure to the benefit of the successors, assigns and legal representatives of each of the parties hereto. 6 ATTORNEYS� FEES: Either party may enfbl-ce this Grant by appropriate action, and should it prevail in such litigation, it shall recover as pa rt of its costs reasonable attorrieys'fees and expenses. 7. CONSTRUCTION: The rule of strict construction shall not apply to this Grant. This Grant shall be given a reasonable construction so that the intention of the parties is carried out, but in no event shall the right of use extend beyoud the areu yranted herein. 8. -NOTIC Grantors address is 1400 South Arlington Higights. 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 doomed Page 3 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. ----g.--RELEASE-OF—EASEMENT.'—��,e Granbee-: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 Permanent and Temporary Easement For convenience the release may run to the owner or owners and patties in interest"in the Subject Property. PRINCEOFPEACE THE VILLAGE OF ELK GROVE UNITED METHODIST CHURCH VILLAGE, a municipal corporation. By.. By Mayor AtteSt7 Attest: Ann I. Walsh Village Clerk Page 4 STATE OF ILLINOIS )SS' COUNTIES OF COOK AND DUPAGE) the undersigned, a Notary Public in and for said County in the State aforesaid, DO HEREB Y CERTIFY that Craig B. Johnson, Mayor of the Village of Elk Grove Village and Ann I. 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 �.i-rporate 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 Flk Grove Village, for the uses and purposes therein set , forth. GIVEN under my hand and Notarial Seal this day of 207. -W`Yt��ZDWO L HU61 Notary Public stat� f it Page 6 91 0 SiH913H WiONI � dV X0 .M.O.M SIX3 Z)z a. cr cr :5 < 0 < 0— IM n- co C3� wo oz JLLJJ 09 D4S n-0 z E5< LLJ ol I I + Io