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HomeMy WebLinkAboutRESOLUTION - 5-91 - 1/22/1991 - GRANT OF EASEMENT/601 CLEARMONT DR RESOLUTION NO. 5-91 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE A GRANT OF EASEMENT FOR STORM SEWER 601 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 DuPage, 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 601 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 a,- Fh day of N,,l ety) her- , 1990 by John C. Fornkahl (the "Grantor") 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 2589 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 westernmost 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 westernmost 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 westernmost 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 westernmost five feet of the Subject Property for purposes of maintaining, replacing or repairing the storm sewers. Pa ye 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 601 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, Pa ge 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. THE VILLAGE OF ELK GROVE VILLAGE BY: .:7 ;�.` A MUNICIPAL CORPORATION John C. Fornkahl BY: Charles J. Zettek Village President 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 John C. Fornkahl , 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. GIV N under my hand and Notarial Seal this :17£'`' day of t�s�7. rti 1990. "QFFiC1.AL SEAL" Nora E. Layton / Notary Fc!r S Notary Pub i'c a,�^.. Sr.loir My Commission Expires May 28, 1994 (SEAL) 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 1990. Notary Public