The URL can be used to link to this page

Home My WebLink AboutRESOLUTION - 34-19 - 5/28/2019 - DB Real EstateRESOLUTION NO.34-19 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A PERMANENT SIDEWALK EASEMENT AGREEMENT FOR DB REAL ESTATE ASSETS I LLC TO THE VILLAGE OF ELK GROVE VILLAGE (NORTHEAST CORNER KING STREET AND IL 72) 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 documents marked: PERMANENT SIDEWALK EASEMENT AGREEMENT 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: 6 NAYS:0 ABSENT:O PASSED this 281h day of May 2019. APPROVED this 281h day of May 2019. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk Prepared By and When Recorded, Return To: George B. Knickerbocker 901 Wellington Avenue Elk Grove Village, IL 60007 Permanent Index Number: 08-22-300-031-0000 Address of the premises: N/E Corner King Street and IL72 Elk Grove Village, Illinois PERMANENT SIDEWALK EASEMENT AGREEMENT This Grant of Permanent Sidewalk Easement (this "Grant") is made this ,ZYA day of 2019, by DB Real Estate Assets I LLC,. (the "Grantor") and the Village of Elk Gro4 Village, Illinois, an Illinois municipal corporation (the "Grantee"). RECITALS: A. Grantor is the fee owner of a certain parcel of real estate in Cook County, Illinois legally described as property effected by easement in the attached Exhibit "A" ("Grantor's Parcel"). B. Grantee is an Illinois municipal corporation. C. Grantee intends to install a public sidewalk (the "Sidewalk") on a portion of Grantor's parcel, as graphically depicted on the Site Plan attached hereto as Exhibit `B" (the "Site Plan"), across, on and over the Grantor's Parcel, as legally described on Exhibit A as proposed sidewalk easement. D. Grantor desires to grant across, on, and over a certain strip of the Grantor's Parcel along Higgins Road, as described in paragraph C, an easement, as more particularly described herein, in favor of the Grantee to permit Grantee to install and maintain a public sidewalk ("Public Sidewalk"), subject to and in accordance with the terms and conditions hereof. NOW THEREFORE, for and in consideration of the recitals described above and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee declare and agree as follows: 1. Recitals. The foregoing recitals are deemed remade herein and form a part of this Grant, as if fully restated herein. 501621_1 2. Grant of Permanent Easement. A permanent non-exclusive easement is hereby reserved for and granted to the Village of Elk Grove Village, their heirs, successors and assigns over all areas hereon platted and designated "Easement for sidewalk" for the perpetual right, privilege and authority to construct, reconstruct, repair, replace and maintain the sidewalk within the subject easement area, together with the right of access for the necessary persons and or equipment to complete any of the above work, together with the right of transfer across the property for pedestrian and non -motorized vehicular traffic. The right is also granted to cut down, trim or remove any trees, bushes, or shrubs on the easement that interfere with the operation of the public sidewalk. No permanent buildings shall be placed on said easement, but the same may be used for lawns and landscaping and other purposes that do not then or later interfere with the aforesaid uses or rights. 3. Rights, Priorities and Liabilities. (a) Binding Effect and Priority of Grant. All of the covenants and rights declared and established hereunder shall be considered as covenants and rights running with the land and not conditions, and the same shall be binding upon and inure to the benefit of the parties herein, and their respective grantees successors and assigns. All of the easements and rights declared and established hereunder and all such covenants and rights shall become binding upon and benefit any purchaser or successor of any owner of all or any portion of the Grantor's Parcel and shall also be binding upon and benefit every person or party whosoever shall at any time own any interest in the Grantor's Parcel howsoever the ownership thereof may be acquired. (b) Reservation of Rights. Subject to the terms of this Agreement, and so long as the exercise by Grantor of such rights does not unreasonably interfere with Grantee's use of the Easement Area for the purposes herein granted, Grantor reserves the right to grant additional utility easements under and over the Easement Area; provided, that, Grantor restores or causes to be restored the surface of the Easement Area to its same condition prior to installation of the utility lines at Grantor's expense. (c) Covenants of Grantee. No waste or debris associated with such work shall be allowed to accumulate, and, upon completion of the work, Grantee shall ensure that the surrounding property is left in a clean and attractive condition. Grantee covenants and agrees not to cause, suffer or permit any mechanics' liens to be recorded against title to the Grantor's Parcel. Grantee acknowledges that a breach by it of its obligations under this Section 3(c) would cause irreparable injury to the Grantor and to the occupants from time to time of the Grantor's Parcel and, correspondingly, that Grantor (in addition to any other right or remedy available to it at law or in equity) shall be entitled to enforce its rights under this Section 3(c) by means of an injunction or similar type judicial order, and that, for such purposes, it shall not be necessary for Grantor to post a bond. (d) Rights of Third Parties. Except as otherwise expressly provided herein, nothing contained in this Grant shall be deemed to be a gift of any portion of the Grantor's Parcel to the general public or any public use or purposes whatsoever, it being the intention of the parties to this Grant that this Grant be for the exclusive benefit of the parties specified herein and that 501621_1 2 nothing in this Grant, express or implied, shall be construed to confer or create any rights, benefits, privileges, claims, actions, or remedies in or for the benefit if any other person, any other governmental body or agency, or the general public other than the parties specified herein and their successors and assigns. (e) Indemnity. Grantee agrees to defend, hold harmless and indemnify Grantor, its successors, assigns, members, officers, tenants, agents and employees from and against any and all claims, costs, damages, expenses, judgments, and liabilities (including reasonable attorneys' fees and litigation expenses) which may arise from (i) Grantee's or Grantee's agents, contractors or employees exercise of any rights herein granted by Grantor or activities on the Grantor's Parcel, including damage to Grantor's Parcel, other property and injury to or death of person, (ii) the entry by Grantee or by Grantee's agents, contractors or employees on the Easement Area, (iii) the negligent use by Grantee or its agents, contractors, or employees of the Easement Area, (iv) a breach of this Agreement by Grantee, or (v) use of or activities upon the Easement Area. 4. Miscellaneous. (a) This Grant contains the entire understanding and agreement between the parties hereto concerning the subject matter hereof and supersedes any prior or written or oral agreements between the parties concerning such subject matter. There are no representations, agreements, arrangements or understandings, oral or written, between or among the parties hereto relating to the subject matter of this Grant which are not fully expressed herein. (b) This Grant may be changed, modified, amended, or rescinded only by an instrument in writing duly executed and acknowledged by all parties hereto or by the then owners of record fee simple title to each parcel of property covered by this Grant and consented to by all mortgagees which then hold a first lien against any such parcel or any part thereof. (c) This Grant may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but, in making proof hereof, it shall only be necessary to produce one such counterpart. IN WITNESS WHEREOF, Grantor and Grantee has executed this Grant on the day and year first above written. GRANTOR: GRANTEE: DB Real Estate Assets I LLC Village of Elk Grove Village an Illinois municipal corporation By: By: l , r1 , 4 L�, h a-Z4 Craig. Johnson Its: Attest: By: Loretta Murphy, Village Clerk 501621_1 3 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) GRANTEE ACKNOWLEDGMENT I, , a notary public in and for said County, in the State aforesaid do hereby certify that Craig B. Johnson and Loretta Murphy, personally known to me to be the Mayor and Village Clerk of the Village of Elk Grove Village, Illinois, 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 as such Mayor and Village Clerk of said Village, they signed and delivered the said instrument pursuant to authority given by said Village as their free and voluntary act and as the free and voluntary act and deed of said Village for the uses and purposes therein set forth. Given under my hand and notarial seal this day of , 2019. Notary Public STATE OF TEXAS CKe10►1� [SEAL] ) SS. GRANTOR ACKNOWLEDGMENT I, Tracy A. Giuffrida, a notary public in and for said County, in the Commonwealth of Massachusetts aforesaid do hereby certify that , personally known to me to be the of DB Real Estate Assests I LLC, the owner of the Grantor's Parcel described herein, and 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 acknowledged that as such signed and delivered the foregoing instrument pursuant to the authority vested in him as the free and voluntary act of the company, for the uses and purposes therein set forth. Given under my hand and notarial seal this day of , 2019. [SEAL] Notary Public 501621_1 4 EXHIBIT "A" LEGAL DESCRIPTION PROPERTY EFFECTED BY EASEMENT 08-22-300-031-0000 LOT 1 (EXCEPT THE SOUTH 17 FEET THEREOF) IN HIGGINS ROAD COMMERCIAL SUBDIVISION UNIT NO. 4, BEING A RESUBDIVISION IN THE WEST '/2 OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 30, 1963 AS DOCUMENT 19010329 AND FILED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS ON DECEMBER 30, 1963, AS DOCUMENT NUMBER LR2129003, IN COOK COUNTY, ILLINOIS. LEGAL DESCRIPTION PROPOSED SIDEWALK EASEMENT THAT PART OF LOT 1 (EXCEPT THE SOUTH 17 FEET THEREOF) IN HIGGINS ROAD COMMERCIAL SUBDIVISION UNIT NO. 4, BEING A RESUBDIVISION IN THE WEST'/z OF SECTION 22, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 30, 1963 AS DOCUMENT 19010329 AND FILED IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS ON DECEMBER 30, 1963, AS DOCUMENT NUMBER LR2129003, IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF SAID LOT 1, ALSO BEING THE EAST LINE OF KING STREET RIGHT-OF-WAY, AND A LINE 17.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID LOT 1, ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF 66.00 FEET WIDE HIGGINS ROAD; THENCE NORTH ALONG SAID WEST LINE OF LOT 1, A DISTANCE OF 20.00 FEET; THENCE SOUTHEASTERLY, A DISTANCE OF 26.61 FEET, TO A POINT ON SAID PARALLEL LINE, 15.00 FEET EAST OF SAID POINT OF BEGINNING, AS MEASURED ALONG SAID PARALLEL LINE; THENCE NORTHWESTERLY, ALONG SAID PARALLEL LINE, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. 501621_1 5 PIN: 08-22-300-031 SIwcEB K EXHIBIT "B" _... 199.73';9) --- I 0 1N5�► Ll%1 �i6�'S29 p5 /—NORTH !INE AS C'NS ROAD AS MONUWN7ED 0 Y GRANTa 1_. 1: 00, 1-:NORTN ` 201.65'(R) LINE OF r♦IGGINS ROAD p ---_ --.- �LL-MOIS A40 RQ, SEC D EAS OO No SHOWN ;%32ES9 LA T c v' C ?- Of GGINS D) s HERETOFORE u^EDICATED IOR PUBLIC ROAD o, o� of 2 �WN O rd uo ao 07 2 w�4 'NAB PLA' OF Ei.R r V' ��r rR tN; 0G� PARK R � 'ROVE Z o �W PECORCtO ENE 1��90JV;SION Z � AS OCi;M�N; i9:7OioOC2 � � 6 Q — N — SCALE t"=50' SIDEWALK EASEMwr ENT LOT f 9575 W Nggns Road. Suite 700 Rcse�o-?. �Inok 60o t e H/GG/NS ROAD COMMERCIAL Phone:;54r 696-4060 Fax-;$47 69&4065 DATE: 05/'4/19 I NAME 6953 xH.Sw JOB NO.6953.04 i SUB. UNIT N0.4 501621_1 6