HomeMy WebLinkAboutRESOLUTION - 16-05 - 4/12/2005 - GRANT OF EASEMENT/273 PARKCHESTER RDRESOLUTION NO. 16-05
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE A GRANT OF EASEMENT BETWEEN HELEN D. BOGGS AND
THE VILLAGE OF ELK GROVE VILLAGE FOR STORM WATER DRAINAGE
(273 PARKCHESTER ROAD)
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 EASEMENT
FOR STORM WATER DRAINAGE
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 12'h day of April 2005
APPROVED this 12th day of April 2005
APPROVED:
Mayor Craie B. Johnson
Village of Elk Grove Village
ATTEST:
Ann I. Walsh, Villa¢e Clerk
MGanwfE entMPukbata
GRANT OF EASEMENT FOR STORM WATER DRAINAGE
This Grant made this 3 r•01 day of m n,7.h , 2005
by WLa Dern B ci c and (the "Grantors') to
the Village of Elk GroveWlage, Cook and DuPage Counties, Illinois, a municipal
corporation (the "Grantee').
WITNESSETH
Whereas, the Grantor's are fee owners of a tract of land legally described as
follows:
Lot 4301 in Elk Grove Village Section 14, being a subdivision in the south
half of Section 32, Township 41 North, Range 11, east of the third
principal meridian, in Cook County, Illinois and recorded as Document No.
19625181 on October 21, 1965, (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 or improve a
storm water drainage pipe within the northernmost 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, which easement is to the benefit of the grantor.
NOW THEREFORE, 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's grants to Grantee for the
general use and benefit of the public, a perpetual right and
easement to keep, maintain or improve a storm water drainage pipe
within the northernmost five feet of the Subject Property. Grantor's
grants to Grantee, for the general use and benefit of the public a
perpetual right of ingress and egress over the northernmost five
feet of the Subject Property for purposes of maintaining the storm
drainage.
Page 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
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 all binding upon and
inure to the benefit of the successors, assigns and legal
representatives of each of the parties hereto.
4. 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 aftomeys' 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 273 Parkchester Road, 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 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, the Grantee must (a) restore the Subject
Property to their original unimproved condition; and, (b) continue to
indemnify the Grantors 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.
Page 3
BY: �I E VILLAGE OF ELK GROVE VILLAGE
A MUNICIPAL CORPORATION
M -O
BY` Craig B. Johnson
Village Mayor
ATTEST." Ann I. Walsh
Village Clerk
STATE OF ILLINOIS
) SS.
COUNTY OF COOK
1, the undersigned, a Notary Public in and for said County in the State aforesaid,
DO HEREBY CERTIFY that_�,Jle/1 f3p� aS ,
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. GIVEN under my hand and Notarial Seal
this '� rd day of iflal-G%1 , 2005.
"OFFICIAL SEAL"
ANN I. WALSH
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 7 i6 2007
(SEAL)
/
Notafy Public
STATE OF ILLINOIS
) SS.
COUNTY OF COOK
1, the undersigned, a Notary Public in and for said County in the State aforesaid,
DO HEREBY CERTIFY that Craig B. Johnson, Mayor of the Village of Elk Grove
Village and Ann 1. Walsh, 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 Mayor 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.
GIVE nder my hand and Notarial Seal this _day of
2005.
"OFFICIAL SEAL"
PATRICIA DROSCHAK Notary Public
N Notary Public, Sfete of Illlnole "
S� My Commission Expires 11/07/05