HomeMy WebLinkAboutRESOLUTION - 73-17 - 12/12/2017 - EGV and Township Release of 2400 S. AHR Property RESOLUTION NO. 73-17
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A RELEASE OF
PROPERTY RESTRICTIONS AGREEMENT BETWEEN THE VILLAGE OF ELK
GROVE VILLAGE AND ELK GROVE TOWNSHIP FOR PROPERTY LOCATED AT
2400 S. ARLINGTON HEIGHTS ROAD,ARLINGTON HEIGHTS, IL
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 be and is hereby authorized to sign the attached document
marked:
RELEASE OF PROPERTY RESTRICTIONS
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 document 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 12"' day of December 2017.
APPROVED this 12' day of December 2017.
APPROVED:
Mayor Craia B. Johnson
Village of Elk Grove Village
ATTEST:
Loretta M. Murphy, Village Clerk
THIS DOCUMENT PREPARED BY
AND AFTER RECORDING RETURN TO:
RELEASE OF PROPERTY RESTRICTIONS
THIS RELEASE OF PROPERTY RESTRICTIONS (the "Release") is made as of this
day of J)&-CCIq F&7Z--, , 2017 by THE VILLAGE OF ELK GROVE, an Illinois municipal
corporation(the "Village").
RECITALS:
WHEREAS, by that certain Assignment of Interests in Property Restrictions dated
November 8, 2017 (the "Assignment"), the Village, as "Assignee", was assigned certain rights
with respect to restrictions on portions of that certain real property commonly known as 2400 S.
Arlington Heights Road, Arlington Heights, Illinois (the "Property"), which Property is more
particularly described in Exhibit A attached hereto; and
WHEREAS, as a result of the Assignment, the Village has the exclusive rights to enforce,
waive, modify or otherwise address, administer or dispose of the following restrictions: (i)
restrictions applicable to a portion of the Property, contained in that certain Quitclaim Deed
dated as of February 24, 1977 and recorded July 18, 1978 as Document 24541213, which
provide that(a) any building or structure constructed upon such portion of the Property will not
exceed twenty five (25) feet in height, and(b) in the event the owner of such portion of the
Property desires to divest itself of ownership of such portion of the Property (or any part
thereof), such owner shall first offer such portion of the Property to the Village for the sum of
Thirty Eight Thousand and No/100 Dollars ($38,000.00); and (ii) a restriction applicable to a
portion of the Property, contained in that certain Quitclaim Deed dated as of February 21, 2002
and recorded March 6, 2002 as Document 0020252186, providing that the owner of such portion
may not build or cause to be built or erected upon such portion, any advertising sign or structure
directed, whether in whole or in part, to users or patrons on the adjacent toll highway or any
structure that in the opinion of the Chief Engineer of the Village (as Assignee under the
Assignment) would in any way interfere with the safe operation of The Illinois State Toll
Highway system ((i) and (ii) collectively, the "Restrictions"); and
WHEREAS, the Village wishes to allow for the conveyance, development and use of the
Property without concern for the Restrictions, and therefore desires to release the Restrictions.
114463249.1
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the Village hereby agrees and declares as follows:
1. The Recitals set forth above are hereby incorporated as if fully set forth herein.
2. The Village, on behalf of itself and its successors and assigns, hereby releases,
waives, and disclaims all rights, title and interest of the Village in and to the Property, including,
without limitation, all rights of the Village to enforce, waive, modify or otherwise address,
administer or dispose of the Restrictions. From and after the date of this Release, the
Restrictions shall be null and void and of no further force or effect.
3. This Release shall be binding upon the Village and its successors and assigns.
4. This Release shall be construed under the laws of the State of Illinois without
regard to conflicts of law provisions.
5. The Village represents and warrants that it has taken all governmental, corporate
or other action necessary to execute and deliver this Release, and that this Release constitutes the
legally binding act of the Village enforceable in accordance with its terms.
6. If any term or provision of this Release, or the application thereof to any person or
circumstance, is to any extent invalid or unenforceable, the remainder of this Release, or the
application of such term or provision to persons or circumstances other than those as to which it
is held invalid or unenforceable, shall not be affected thereb} and each term and provision of this
Release shall be valid and be enforced to the fullest extent permitted by law.
[END OF TEXT ON THIS PAGE; SIGNATURE PAGE FOLLOWS]
114463249.1
IN WITNESS WHEREOF, the Village has executed this Release as of the date first
written above.
VILLAGE O)Fy GROVE, an
Illinois munieipal rporation
By:
Name:
Title:
STATE OF ILLINOIS )
SS
COUNTY OF )
I, the undersigned, a Notary Public, in and for said County, in the State aforesaid, DO
HEREBY CERTIFY that the Ai` l—of VILLAGE OF ELK
GROVE, an Illinois municipal corporation, personally known to me to be the same person whose
name is subscribed to the foregoing instrument as such al , appeared before me this day
in person, and acknowledged before me that he signed and delivered the said instrument as his free
and voluntary act and the free and voluntary act of VILLAGE OF ELK GI:OVE, for the uses and
purposes therein set forth.
GIVEN under my hand and Notarial Seal, this/ day ofP C- , 2017.
Not Public
OFFICIAL SEAL
LORETTA M. MURPHY
NOTARY PUBLIC, STATE OF ILLINOIS
My Commission Expires Jul 24, 2020
114463249.1
EXHIBIT A
Legal Description of Property
PARCEL 1:
THAT PART OF 0T7 OF AUGUST BUSSE'S0|V|5tON OF PARTS OF T14E EAST HALF OF
SECTION 16. TOWNSHIP 41 NOKxrK. RANGE 11. [AST OF THE THIRD PRINCIPAL MERIDIAN, IN
THE COUNTY OF COOK, STATE OF ILLINOIS, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT T; THEMCE EASTERLY ALONG THE SOUTH
LINE OF SAID LOT T x D|3TA14CE OF 190-00 FEET TO A POINT ON THE SOUTH LINE OF LOT
7 FOR & POINT OF 8B6|NN|NO' SAID POINT BEING 229.37 FEET NEST OF THE SOUTHEAST
CORNER Of SAID LOT 7: THENCE NORTHERLY AND PERPENDICULAR TO SAID SOUTH LINE OF
LOT 7 & DISTANCE OF 160�80 FEET TO A POINT; THENCE SOUTHWESTERLY ALONG A COMPOUND
CURVE TO IH[ LEFT RAVING A RADIUS OF 420.00 FEET FOR AN &8C DISTANCE OF 44.70
FEET, W141CH FORMS AN ANGLE AT P0114T OF TANGENT OF 104` 11' SD~ TO THE LEFT OF SAID
LAST NORTH LINE EXTENDED.- THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A
RAQ|H3 OF 123.00 FEET FOR AN ARC Di5TANCE OF 192.21 FEET TO A POINT ON THE S0UT14
LINE OF LOT 7; T9EW:E A EASTERLY ALONG THE SOUTH LINE OF LUT T A DISTANCE OF
118.71 FEET TO THE POINT OF BEGINNING.
PARCEL 2,-
THAT
�T&AT PAR OF LOT 7 OF AUGUST BU5SE'5 0|V|S|O0 OF PARTS OF THE EAST 1/2 OF SECTION
16^ TOWNSHIP 41 NORTH, RANGE 11' EAST OF T14E THIRD PRINCIPAL MERIDIAN. IN COOK
COUNTY, ILLINOIS, DESCR|BFD AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT T, THENtE EASTERLY ALONG THE SOUTH
LANE OF SAID LOT T A DISTANCE OF 190'00 FEETTO A POINT ON THE SOUTH LINE OF LOT
7 FOR A POINT OF BEGINNING, SAID POINT BEING 229.37 FEET WEST OF THE SOUTHEAST
CORNER OF SAID LOT 7; THENCE CONT EASTWARD ALONG SAID SOUTH i|0E FOR A ,
DISTANCE OF 178.01 FEET TO 4 POINT; THENCE NORTHERLY AND PERPENDICULAR TO SAID
SOUTH LINE 106.87 FEET TO A POINT; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT
xAx|NC A 0&D|o5 OF 420.00 FEET FOR AN ARC DISTANCE Of 179.48 FEET wH|C14 FORMS AN
ANGLE AT A POINT OF TANGENT OF 70" 42' 48~ TO THE LEFT OF SAID LAST NORTH LINE
EXTENDED; THENCE SOUTHERLY ALONG & LINE, SAID LINE BEING PARALLEL WITH THE LAST
DESCRIBED NORTH LANE FOR A DISTANCE OF 180.00 FEET TO THE P0/NJ OF BEGINNING.
PARCEL 3:
THAT PART OF 0T 0 (LYING NORTHERLY OF THE NORTHERLY LINE OF THAT PART OF SAID
LOT o CONVEYED TO THE |LLxmO|3 STATE TOLL HIGHWAY c0MMxus|0m BY Dsso mEcmwoso
OCTOBER 15' 1058 AS DOCUMENT 18720440) IN 8&685T 8USS['S DIVISION OF PARTS OF THE
EAST HALF OF SECTION 16, TOWNSHIP 41 NVRTH, RANG[ 11. EAST OF THE THIRD PRINCIPAL
MERIDIAN, (EXCEPTING FROM SAID LOT B THAT PART THEREOF CONVEYED TO THE ILLINOIS
STATE TOLL HIGHWAY AUTHORITY BY WARRANTY DEED RECORDED APRIL 21, 1970 AS DOCUMENT
21130137 AND RECORDED MAY 8' 1970 AS DOCUMENT 21154328, AND ALSO EXCEPTING FROM
SAID LOT 8 THAT PART TAKEN BY CONDEMNATION IN CASE 06L60489 DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF SAID LOT OWITH THE
CONTINUED ON NEXT PAGE
NORTHERLY RIGHT OF WAY LINE OF THE NORTHWEST TOLLWAY ACCORDING TO DOCUMENT
16726440'1 THENCE ON AN ASSUMED BEARING OF NORTHNORTH58 DEGREESDEGREES23 MINUTESMINUTES58 SECONDS
WEST ALONG
THE SAID NORTHERLY RIGHT OF WAY LINE OF THE NORTHWEST TOLLWAY
&C:0RO/MG TO DOCUMENT 18788440 A DISTANCE OF 33.75 FEET; THENCE MORT14 7 DEGREES
44 MINUTES 56 SECONDS EAST 2S5.25 FEET TO THE NORTHERLY LINE OF SAID LOT O;
THENCE SOUTH 82 DEGREES 56 MINUTES 03 SECONDS EAST ALONG THE SAID NORTHERLY LINE
OF LUT Q A D|STANCE OF 27.48 FEET TO THE NORTHEAST CORNER OF LOT 8/ THENCE SOUTH
7 DEGREES Ql W|wyTE5 35 SECONDS WEST ALONG THE EASTERLY LINE OF SAID LOT R A
DISTANCE OF 268.24 FEET To THE POINT OF BEGINNING, AS DESCRIBED IN THE FINAL
JUDGMENT ORDER RECORDED MARCH 17, 119919 AS DOCUMENT 89260978) IN COOK COUNTY,
ILLINOIS
-
PARCEL 4:
THAT PART OF LOT 7 IN AUGUST BUISSE'S O|V|S|0N OF PARTS OF THE EAST 112 OF SECTION
16. TOWNSHIP 41 W0fTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN. |M COOK
COUNTY. ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED MAY 16, 1928 AS DOCUMENT
10023115. DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 7;
THENCE NORTH 82 DEGREES 50 MINUTES 03 SECONDS WE5T, ALONG THE SOUTH LtNE OF SAID
LOT 7` A DISTANCE OF 27.48 BET TO THE POINT OF BEGINNING; THENCE NORTH T DEGREES
44 MINUTES 56 SECONDS EAS7, 61.80 FEET; THENCE NORTH 3 DEGREES 66 MINUTES OM
SECONDS EAST, 118,50 FEET; THENCE NORTH 82 DEGREES 15 MINUTES 15 SECONDS WE5T,
44.00 FEET, THENCE SQUT0 7 DEGREES 44 MINUTES 45 SECONDS NEST, 7-92 FEET TO A
POINT ON A NON TANGENTIAL CURVE, 14#V|N0 A 8&0|VS OF 420.00 FEET_ CONCAVE TO THE
SOUTHWEST WITH A CENTRAL ANGLE OF 3 DEGREES 83 MINUTES 00 5EC0N0S, A CHORD LENGTH
OF 26.04 FEET AND A CHORD BEARING OF SOUTH 74 DEGREES 25 M|NQmTE3 16 3fC0N05
EAST; T14[NCE SOUTHEASTERLY ALONG SAID CURVE, 26.04 FEET: THENCE SOUTH T DEGREES
03 MINUTES 57 SECONDS WEST, 180.87 FEET TO THE 8UUT14 LINE OF SAID LOT 7; THENCE
SOUTH 82 DEGREES 56 MINUTES 03 SECONDS EAST. ALONG SAID SOUTH LINE, 23.96 FEET TO
THE POINT OF BEGINNING, IN COOK CU0WY. ILLINOIS.
'
Property Address: 7400 S. Arlington Road, Arlington Heights, Illinois 60005
PINS: 08-16-400-033-0000; Part of08-l6-400-034-0000; 08-16-400-035-0000