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Home My WebLink AboutRESOLUTION - 27-11 - 6/21/2011 - GRANT OF EASEMENTRESOLUTION NO. 27-11 A RESOLUTION APPROVING A GRANT OF EASEMENT FOR STORM SEWER BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE OWNERS OF RECORD FOR PROPERTY LOCATED AT 185 SHADYWOOD LANE (BARRON) 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: Section 1: That the Village of Elk Grove Village does hereby accept the attached document marked: GRANT OF EASEMENT FOR STORM SEWER a copy of which is attached hereto and made a part hereof as if fully set forth. Section 2: That the Village Clerk is hereby directed to record a certified copy of this Resolution with the Recorder of Deeds of Cook County, Illinois. Section 3: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTES: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 21" day of June 2011. APPROVED this 21" day of June 2011. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk GRANT OF EASEMENT FOR STORM SEWER This Grant made this 1co—day of - -oL2011, by MR. & MRS. GARY BARRON ("Grantor") to the VILLAGE OF ELK GROVE VILLAGE, Cook and DuPage Counties, Illinois a municipal corporation ("Grantee"). WHEREAS, the Grantor is the fee owner of a tract of land legally described as follows: Lot 3890 in Elk Grove Village Section 1 East, a subdivision in the West half of Section 27, Township 41 North, Range 11 East of the third principal meridian, in Cook County, Illinois. WHEREAS, the Grantee will become the owner of the storm sewer to be located within the northeasterly 7.5 feet of the subject property as shown on the attached Exhibit A. WHEREAS, the Grantee wishes to obtain, for the benefit of the public, an easement of ingress and egress upon to, and right to keep, maintain, construct, improve, repair, replace or remove said stone sewer within the northeasterly 7.5 feet of the subject property as shown on the attached Exhibit A. WHEREAS, the Grantor is willing to grant said easement on the terms and conditions hereinafter set forth. NOW, THERFORE, 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 hereby stipulate, it is agreed by and between them as follows: 1. Grant of Easement. Grantor grants to Grantee for the general use and benefit of the public, a perpetual right and easement to keep, maintain, construct, repair or replace a stone sewer under the northeasterly 7.5 feet of the subject property as shown on the attached Exhibit A. Grantor grants to Grantee, for the general use and benefit of the public a perpetual right of ingress and egress over the northeasterly 7.5 feet of the 2 - subject property as shown on the attached Exhibit A, for purposes of maintaining, replacing or repairing the storm sewer. 2. 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 Easement. 3. Ruining of Benefits and Burdens. The recitals hereinbefore set forth are 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 be binding upon and inure to the benefit of the successors, assigns and legal representatives of each of the parties hereto. 4. Attorneys' Fees. Either party may enforce this Grant by appropriate action, and, should it prevail in such litigation, it shall recover as part of its costs reasonable attorneys' fees and expenses. 5. Construction. The rule of strict construction shall not apply to the 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 beyond the area granted herein. 6. Notice. Grantor's address is 185 Shadywood Lane, 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. 7. Release of Easement. The Grantee herein may terminate this Grant by recording a release in recordable form with directions for delivery of same to Grantor at its last address given pursuant hereto. hi such event, the Grantee must: (a) restore the subject property to its original and unimproved condition; and, (b) continue to indemnify the Grantor from all claims arising out of Grantee's rights and obligations under this Grant of Easement. For convenience, the release may run to "the owner or owners and parties interest" in the subject property. 8. Notice. Except in the case of emergency, Grantee shall at all times prior to its entry on the subject properly for the purpose of exercising any of its rights granted hereunder, give not less than fourteen (14) days advance notice in writing of its intentions so to do, to Grantor. 9. Diligence. Once Grantee commences construction and installation of the storm sewer in the subject property, or the repair or replacement of any part or all of the storm sewer, Grantee shall with due dispatch and diligence pursue such construction, installation, repair or replacement to completion, in as expeditious manner as reasonably possible. 3 - 10. Restoration. Upon completion of construction, installation, replacement or repair of any part or all of the storm sewer, Grantee shall with due diligence and at its sole cost and expense, restore the subject property to its original condition, including sodding same ATTEST: Judith M. Keegan Village Clerk (SEAL) VILLAGE OF ELK GROVE VILLAGE, a municipal corporation By: Crain B. Johnson Mayor PROPERTY OWNER By: Mr. & Mrs. Gary Barron OFFICIAL SEAL PATRICIA DRO IL NOTARY PUBLIC - STATEE OF EF ILLINOIS MY COMMISSION ExPIRES:10f20113 4 - 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 Craig B. Johnson, Mayor of the Village of Elk Grove Village, and Judith M. Keegan, Village Clerk of the Village of Elk Grove Village, personally know 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 acknowledged 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 affixed said corporate seal to said instrument as her own free and voluntary act and as the free voluntary act of said Village of Elk Grove Village for the uses and purposes therein set forth. GIVEN under my hand and notarial seal thttty of 2011. Lao LINOISNotary PllbliC 0/13 SUBJECT PROPERTY: LOT 3890 IN ELK GROVE VILLAGE SECTION 1 EAST, A SUBDIVISION IN THE WEST HALF OF SECTION 27, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL o MERIDIAN, IN COOK COUNTY, ILLINOIS. aE Fit/ ro -, RCP�E 693, yN SfORu 32 S10RIF/Ll•V 5E 6695 Z wv lFit .696.71 RN 6•' P M' V P � RCP MW, SE•6931/ INmV 12�� „ 1 -- MRO ON ` o M G G 4 C R -F w R 6 609 V 627.. V 5 ' 6697925 \ IWC i5•• RLP W dye m o� N a � �K'K 6q7 [FVFG 1 '? •�5 SR�yWCooSgs,C•E ISR ';50 C LN . fRN1fEf•�yWO .177 51, OOO ELK N 9 -N o I } 0 a4IN PROPOSED STORM SEWER EASEMENT EXISTING PUBLIC UTILITY EASEMENT *bv IQOYE 49/�P. VILLAGE OF ELK GROVE VILLAGE EXHIBIT A 1185 Shadywood Easement Exhibit.dgn 06/14/2011 10:21:02 AM