HomeMy WebLinkAboutRESOLUTION - 4-91 - 1/22/1991 - GRANT OF EASEMENT/591 CLEARMONT DRRESOLUTION NO. 4-91
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE
CLERK TO EXECUTE A GRANT OF EASEMENT FOR STORM SEWER
591 CLEARMONT DRIVE
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and Du Page, State of
Illinois as follows:
Section 1: That the Village President be and is hereby authorized to
sign the attached documents marked:
Grant of Easement for Storm Sewer
591 Clearmont Drive
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 Village President.
Section 2: That this Resolution shall be in full force and effect
from and after its passage and approval according to law.
PASSED this 22nd day of January , 1991.
APPROVED this 22nd day of January , 1991.
Charles J. Zettek
Village President
ATTEST:
Patricia S. Smith
Village Clerk
GRANT OF EASEMENT FOR STORM SEWERS
This Grant made this 11:2 day of/ .f%aa1990 by
Anthony and Elizabeth Conter (the "Gra ors") 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's are fee owners of a tract of land legally described
as follows:
Lot 2588 in Elk Grove Village Section 8, being a
subdivision in the south half of Section 33, Township
41 north, Range 11, east of the third principal meridian,
in Cook County, Illinois, according to the plat thereof
recorded October 23, 1959 as Document Number 17694090
(the "Subject Property"); and,
Whereas, the Grantee will become the owner of certain storm sewers
to be located within the easternmost five feet of the Subject Property;
and,
Whereas, the Grantee wishes to obtain, for the benefit of the public,
an easement of ingress and egress upon and to, and rights to keep,
maintain, construct, improve, repair, replace or remove said storm
sewers within the easternmost five feet of the Subject Property; and,
Whereas, the Grantor's are willing to grant said easement on the terms
and conditions hereinafter set forth.
NOW THERE, 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:
1. GRANT OF EASEMENT. Grantor's grants to Grantee for the
general use and benefit of the public, a perpetual right
and easement to keep, maintain, construct, repair or
replace storm sewers over the easternmost five feet of
the Subject Property and as depicted on the site drawing
attached hereto as Exhibit A and made a part hereof.
Grantor's grants to Grantee, for the general use and
benefit of the public a perpetual right of ingress and
egress over the easternmost five feet of the Subject
Property for purposes of maintaining, replacing or
repairing the storm sewers.
Pa ge 2
2. INDEMNITY. Grantee agrees to defend, indemnify and
hold Grantor's, 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.
3. RUNNING OF BENEFITS AND BURDENS. The recitals herein-
before 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 all 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 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.
6. NOTICE. Grantor's address is 591 Clearmont Drive, 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 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's at its
last address, given pursuant hereto. In such event,
Page 3
the Grantee must (a) restore the Subject Property
to their original unimproved condition; and, (b)
continue to indemnify the Grantor's 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
in interest" in the Subject Property.
.'Anthony Conter
Elizabeth Conter
THE VILLAGE OF ELK GROVE VILLAGE
A MUNICIPAL CORPORATION. /'
ATTEST: Patricia S. Smith
Village Clerk
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 Anthony Conter ,
and Elizabeth Conter , personally known to me to
be the same persons whose names are subscribed to the foregoing
instrument respectively, appeared before me this day in person and
acknowledged that they signed and delivered said instrument as their
own free and voluntary act for the uses and purposes herein set forth.
underr my
hand and Notarial Seal this
/C•Z�
day of
Z4GIN
Ct2, ,
1990.
"OrrYCIAL SEAL"
Vora E. Laylca
R'a^ary Punic, St !e cf 1:::101s
My Commission Expires May 28, 1994
(SEAL)
� ('�! , Notary Publi�
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 Charles J. Zettek, President of the
Village of Elk Grove Village and Patricia S. Smith, 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
President 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 to said instrument as her 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.
GIVEN under my hand and Notarial Seal this day of
//.oi.�;.,.�/,/✓,: , 1990.
Notary Public'
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