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Home My WebLink AboutRESOLUTION - 13-02 - 2/26/2002 - GRANT OF PERPETUAL EASEMENTRESOLUTION NO. 13-02 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A GRANT OF PERPETUAL EASEMENT BETWEEN GEORGE GULLO DEVELOPMENT CORPORATION AND THE VILLAGE OF ELK GROVE VILLAGE (VETERANS MEMORIAL PARK BIESTERFIELD ROAD AND WELLINGTON AVENUE) 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 PERPETUAL EASEMENT FOR VETERANS MEMORIAL PARK 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: 0 PASSED this 26th day of February 2002. APPROVED this 26th day of February 2002. Craig B. Johnson, Mayor ATTEST: Ann 1. Walsh Village Clerk RE$Grant0fEasementVetsMemFk.d0C Grant of Perpetual Easement for Veterans Memorial Park between The Village of Elk Grove Village and George Gallo Development Corporation This Grant made this 26th day of February , 2002 by George Gullo Development Corporation (the "Grantor") to the Village of Elk Grove Village, Cook and DuPage Counties, Illinois, a municipal corporation (the "Grantee"). WITNESSETH Whereas, the Grantor is fee owner of the undeveloped real estate contiguous with and directly adjacent to a proposed Veterans Memorial Park at the northeast intersection of Biesterfield Road and Wellington Avenue in Elk Grove Village, and Subject property is identified by label "Easement Granted" on the attached site plan (prepared by Planning Resources, subtitled Memorial Park Development, and dated 10.8.01). Whereas, the Grantee desires to obtain, for the benefit of the public, a non-exclusive (as hereinafter defined) easement of ingress and egress upon to, and non-exclusive (as hereinafter defined) rights to keep, maintain, and/or improve Subject Property by developing, for the use and enjoyment of the general public, a Veterans Memorial Park at the northeast intersection of Biesterfield Road and Wellington Avenue as depicted on the aforementioned site plan. The easement shall be deemed non- exclusive to the extent that Grantor shall have full rights of access, ingress, and egress to the subject property. Whereas, the Grantee's development of said Veterans Memorial Park will come at great expense to the taxpayers; Whereas, the Subject property is part of an existing shopping center owned by George Gullo Development Corporation, and Subject Property cannot be utilized by Grantor for any purpose other than as a bermed and planted landscape area and for placement of transformers and utilities that serve the shopping center with such utilities located at or adjacent to their present location, or if necessity dictates, a relocation of utilities with said relocation being to the most unobtrusive location of the property considering Grantees use of same; Whereas, the Grantor, through Mario Gullo, participated in Grantee's planning said Veterans Memorial Park by requesting certain changes to tree species to be planted on Grantor's Property, which changes were made by the Village and incorporated into the attached plan; Whereas, the Grantee will recognize the founder of George Gallo Development Corporation (George Gullo) in a marker to be located in said Park in consideration of Grantor granting this perpetual easement for the Memorial Park purposes which marker shall remain on the subject property in perpetuity unless the easement is released pursuant to paragraph 8 herein; and, Whereas, Grantor is willing to grant said easement on the terms and conditions hereinafter set forth, which easement is to the benefit of the Grantor. Page 1 of 3 NOW, THEREFORE, 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 hereto hereby stipulate, it is agreed by and between them as follows: Grant of Easement: Grantor grants to Grantee, for the general use and benefit of the public, a perpetual non-exclusive (as hereinafter defined) right and easement to develop, keep, maintain, and/or improve a Veterans Memorial Park as depicted on the attached site plan prepared by Planning Resources and dated 10.8.01 and as may be amended. Grantor grants to Grantee, for the general use and benefit of the public, a non-exclusive (as hereinafter defined) perpetual right of ingress and egress over the property. The easement shall be considered non-exclusive to the extent that Grantor shall have full rights of access, ingress, and egress to the subject property. 2. Prouerty Development/Maintenance: Grantee shall fund the installation of all improvements associated with the Veterans Memorial Park. In consideration for granting the perpetual easement, Grantee agrees to maintain the Subject Property (including any fence, sidewalk, landscaping, and/or benches, but excluding the curb and gutter along the west property line of the shopping center) in the same manner and condition as the remainder of the Veterans Memorial Park, which shall at all times be kept and maintained in good condition. 3. 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 objections granted Grantee under this Grant of Easement. 4. Running 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 are binding upon and inure to the benefit of the successors, assigns, grants, trusts, and legal representatives of each of the parties hereto. Notwithstanding the aforesaid, Grantee shall not assign, convey, or transfer any of its rights herein without Grantor's written consent. 5. Attorney's 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. 6. 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 beyond the area granted herein. 7. Notice: Addresses for the patties are listed below. Either party may give written notice of change of addresses 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 U.S. Post Office receptacle shall be evidence of such mailing. Grantor: Grantee: George Gullo Development Corporation Village of Elk Grove Village 2050 E. Higgins Avenue 901 Wellington Avenue Elk Grove Village, I160007 Elk Grove Village, 11 60007 Page 2 of 3 8. 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. In such event, the Grantee must remove and restore to grade any sidewalks, and remove any benches or markers located upon Grantor's property, but Grantee will not be required to remove any landscaping or fencing installed on Grantor's property. For convenience, the release may run to "the owner or owners and parties in interest" in the Subject Property. 9. Grantor reserves the right to use the Subject Property for placement of any utility, transformer, service, mechanical system or any other device, equipment, or system that services Grantor's shopping center with such utilities located at or adjacent to their present location, or if necessity dictates, a relocation of utilities with said relocation being to the most unobtrusive location of the property considering Grantees use of same 10. Execution: The parties hereby execute this agreement: George Gullo Development Corporation Title: Date: Village of Elk Grove Village A Municipal Corporation: By: Craig B. Johnson Title: Mayor Date: April 23, 2002 Attest: Ann I. Walsh Title: Village Clerk Date: April 24, 2002 Page 3 of 3 11 PE,i S;& n BEEF F+ ' 9�f3 ;jq �y qpppi if I inti r,� i€ IIN—Y--n�xa ;; PP I €tli 3I{�i I fi'13 A, P tl e I { P S Iia FI Y r a S si i sf,I[�Iil il5�pll}k�}�� hffvS vi Itl�f �'�Pla�i �a b�� ELK GROVE VILLAGE ENHANCEMENTS B s O Memorial Park Development Elk Grove Village, Illinois 12ECo.e°t�p 4-aq-ca'�ooao��t7s79� urvoscnTPEI w InTPL PFVI! 0 a.+aui�a>o I iW m Y+