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Home My WebLink AboutRESOLUTION - 23-91 - 4/9/1991 - GRANT OF EASEMENT/901 LIVELY BLVDRESOLUTION NO. 23-91 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE A GRANT OF EASEMENT FOR SIDEWALK 901 LIVELY BOULEVARD 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 Sidewalk 901 Lively Boulevard 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 9th day of April , 1991. APPROVED this 9th day of April , 1991. Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk FZECEIVED MAR I A 1990 ELK GROVE VILLAGE ENGINEERING 6 COMMUNITY DEVELOPMENT GRANT OF EASEMENT FOR SIDEWALK THIS GRANT made this ,;I day of ?' , 1991, by NBD TRUST COMPANY OF ILLINOIS, AS TRUSTEE UNDER TRUST #2637EG (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 is the owner of the tract of land legally described as follows: LOT 1 IN GULLO INTERNATIONAL CONTEMPORARY PARK, BEING A RESUBDIVISION OF LOT 230 IN HIGGINS INDUSTRIAL PARK, UNIT 165, BEING A SUBDIVISION IN THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPTING THE NORTH 220.0 FEET OF THE EAST 420 FEET THEREOF) IN COOK COUNTY, ILLINOIS. WHEREAS, the Grantee is or may become the owner of certain side- walks located within the following described property: BEGINNING AT A POINT ON THE NORTHERLY PROPERTY LINE OF THE ABOVE DESCRIBED LOT 1, 115.32 FEET WEST OF THE NORTHEAST CORNER, SAID POINT ALSO BEING THE POINT OF CURVE; THENCE SOUTH A DISTANCE OF 5.00 FEET AS MEASURED AT RIGHT ANGLES TO THE AFOREMENTIONED NORTH LOT LINE; THENCE ALONG AN ARC WITH A RADIUS OF 15.00 FEET, CURVING TO THE WEST AND SOUTH A DISTANCE OF 23.27 FEET; THENCE WESTERLY A DISTANCE OF 5.00 FEET TO A POINT LYING ON THE WESTERLY PROPERTY LINE OF LOT 1 AND AT THE POINT OF TANGENCY; AND THENCE NORTH AND EAST ALONG AN ARC WITH A RADIUS OF 20.00 FEET A DISTANCE OF 31.16 FEET TO THE POINT OF BEGINNING. 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 sidewalks within Lot 1 and, WHEREAS, the Grantor is willing to grant said easement on the terms and conditions hereinafter set forth. 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: 1. GRANT OF EASEMENT: Grantor grants to Grantee for the general use and benefit of the public, a perpetual right and easement to keep, maintain, construct, repair or replace a sidewalk over that portion of Lot 1 shown as improved with a sidewalk on the drawing attached hereto as Exhibit A and made a part hereof. Grantor grants to Grantee, for the general use and benefit of the public a perpetual right of ingress and egress over Lot 1 for purposes of maintaining, replacing or repairing the side- walks. 2. RESTRICTION ON GRANTEE'S USE OF SURFACE OF LOT 1: Grantee agrees not to disturb the surface of Lot 1, except as required in the exercise of its rights under this Easement Agreement. Should Grantee disturb the surface of Lot 1, Grantee agrees that upon completion of all work, Grantee will (within a reasonable time of said completion), recon- struct or repair any improvements which are disturbed and will fill, grade, replant, landscape and take all steps to do all other things as are reasonably necessary to return Lot 1, its surface and improvements thereon, to substantially the same condition as that which existed immediately prior to such disturbance. 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 attorney's 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 obligations granted Grantee under this easement agreement. 4. RUNNING OF BENEFITS AND BURDENS: The recitals herein before set forth are hereby made a part of this agreement. All provisions of this Agreement, 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 and legal representatives of each of the parties hereto. 5. ATTORNEY'S FEES: Either party may enforce this Agreement by appropriate action, and, should it prevail in such litigation, it shall recover as part of its costs reasonable attorney's fees and expenses. 6. CONSTRUCTION: The rule of strict construction shall not apply to this Grant. The 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: Grantor's address is 100 East Higgins Road, Elk Grove Village, Illinois 60007 and the Grantee's address is 901 Wellington, 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. S. THIS EASEMENT AGREEMENT IS GRANTED AND CONVEYED subject to any and all matters of public record or existing on the ground which affect the afore -described easement including but not limited to a Grant of Easement of 25 feet for Underground Public Utilities, sewer, water, cable TV and drainage along the north and west sides of Lot 1. 9. RELEASE OF EASEMENT: The Grantee herein may terminate this Agreement 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 (a) restore Lot 1 to its original unimproved condition; and, (b) continue to indemnify the Grantor from all claims arising out of Grantee's rights and obligations under this easement agreement. For convenience, the release may run to "the owner or owners and parties in interest" in Lot 1. 10. EXCULPATION OF TRUSTEE: This instrument is executed by the undersigned Trustee, not personally but as Trustee as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee, and under the express direction of the beneficiaries of the above described Trust Agreement. It is expressly understood and agreed that nothing in this instrument shall be construed as creating any liability whatsoever against said Trustee personally. GRANTOR: NBD TRUST COMPANY OF ILLINOIS NOT INDIVIDUALLY BUT AS TRUSTEE UNDER TRUST #2637EG BY:,/ iRUSI OFFICER GRANTEE: THE VILLAGE OF ELK GROVE, A MUNICIPAL CORPORATION 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 (, a 1gus1 pEElc-4 of NBD TRUST COMPANY OF ILLINOIS, 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 signed and delivered the said instrument as their own free and voluntary act and as the free and voluntary act of said bank for the uses and purposes herein set forth. GIVEN under my hand and Notarial Seal this day of 1991. Notary Public 11:J -:LJ [� tty coni SS'07 e,n rS 07T2 "t STATI OF ILLINOIS ) SS . COUNTY OF COOK ) I, Cha undersigned, a notary Public in and for said County in the State aforesaid, DO uhray CERTIFY Chat Charles J. Eettek, President of the village of Slk Grove Village and Patricia S. Smith, Village Clerk of the village of Elk Grove Village personally known to no to be Che same persons whose names are subscribed to the foregoing instru- none as such President and Village Clark, 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 Cheroin sec forth] and the said village Clerk then and there acknowledged that she, is custodian of the corporate seal of said village of Elk Grove village to said instrument as her own Ire* and voluntary act and as the free and voluntary act of said Village of Elk Grove village for the uses and purposes therein sec forth. GIVEN under my hand and ,Yotazial Seel this ASL day of 19 ?/. Nocaty Public "OFFICIAL SEAL" LNora E. Layton Notary Pebl:q Sia, cf li:inois y Cammission Expires May 28. 1994