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Home My WebLink AboutRESOLUTION - 23-05 - 5/24/2005 - GRANT OF TEMPORARY EASEMENTRESOLUTION NO. 23-05 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A GRANT OF TEMPORARY EASEMENT AGREEMENT BETWEEN THE ITASCA BANK AND TRUST CO. AND THE VILLAGE OF ELK GROVE VILLAGE FOR THE LEICESTER ROAD AND BIESTERFIELD ROAD INTERSECTION IMPROVEMENT DRIVEWAY IMPROVEMENTS (555 BIESTERFIELD 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 TEMPORARY EASEMENT Itasca Bank and Trust Co. copies of which are 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 24th day of May 2005 APPROVED this 24th day of May 2005 \7 O.FIY/_� 1T1 Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Ann I. Walsh, Village Clerk R.ESGrantofl pormytncmentltumBank..doc GRANT OF TEMPORARY EASEMENT THIS GRANT made this � day of ,�. t 1 2005, by Itasca Bank and Trust Co. (555 Biesterfield Road, Elk Grove Village, IL). (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 a tract of land legally described as follows: The East 170.71 feet as measured along the North line of the South 255.33 feet of the North 315.37 feet as measured along the East line thereof of the Southwest quarter of Section 32, Township 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois, and, P.I.N 08-32-102-024-0000 WHEREAS, the Grantee wishes to obtain, for the benefit of the public, a temporary easement of ingress and egress upon and to, and rights to construct driveway improvements within the Subject Property; and, WHEREAS, the Grantor is willing to grant said temporary 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 TEMPORARY EASEMENT: Grantor grants to Grantee for the general use and benefit of the public, a temporary right and easement to construct driveway pavement on that portion of the Subject Property described as follows: Commencing at the northeast comer of the Subject Property aforesaid; thence south along the east line of the subject property a distance of 81.0 feet to the point of beginning; thence west along a line parallel to the north line of the subject property a distance of 10.0 feet; thence south along a line parallel to the east line of the subject property a distance of 35.0 feet; thence east along a line parallel to the northerly line of the subject property a distance of 10.0 feet; thence north along the east line of the subject property a distance of 35.0 feet to the point of beginning. Said parcel contains 350 square feet (0.008 acres), more or less of land. Page 2 The proposed temporary easement is shown on the site drawing attached hereto as Exhibit A and made a part hereof. The rights, easement and privilege granted herein shall be in effect for a period commencing on the date of this agreement, and terminating on June 5, 2006, or upon the completion of construction, whichever occurs first. 2. RESTRICTIONS ON GRANTEE'S USE OF SURFACE: Grantee agrees not to disturb the surface of the Subject Property except as required in the exercise of its rights under this Grant of Temporary Easement. Should Grantee disturb the surface of said parcel, Grantee agrees that upon completion of all work, Grantee will reconstruct or repair any improvements which are disturbed and will till, grade, replant, landscape and take all steps to do all other things as are reasonably necessary to return the Subject Property, 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 attomeys' 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 Grant of Temporary Easement. 4. RUNNING OF BENEFITS AND BURDENS. The recitals hereinbefore set forth is 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 and legal representatives of each of the parties hereto. 5. 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. 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. Page 3 7. NOTICE. Grantor's address is 308 West Irving Park Road, Itasca, Illinois 60143, 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. 8. RELEASE OF EASEMENT. • The Grantee herein may terminate this Grant by recording a release in recordable form with direction for delivery of same to Grantor at its last address, given pursuant hereto. In such event, the Grantee must (a) restore the Subject Property to their original unimproved condition; (b) continue to indemnify the Grantor from all claims arising out of Grantee's rights and obligations under this Grant of Temporary Easement. For convenience the release may run to `the owner or owners and parties in interest" in the Subject Property. GRANTOR ITASCA BANK AND TRUST CO. GRANTEE THE VILLAGE OF ELK GROVE VILLAGE, a municipal corporation By. By: Craig B. Johnson Presid Mayor Attest: t/6 Attest. Ann I. Walsh Vice President Village Clerk STATE OF ILLINOIS ) ) SS. COUNTY OF DUPAGE ) 1, the undersigned, a Notary Public in and for said County in the State aforesaid, DO HEREBY CERTIFY that .JACK x xrersrnrxr, AND sAMmrr. R., BOOR 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 acknowledge that he signed and delivered the said instrument as his own free and voluntary act for the uses and purposes herein set forth. GIVEN under my hand and Notarial Seal this CID" day of ��r.'II, .u.� 24,�C Notary "OFFICIAL SEAL" Martha Ciagtia Notary Public, Stale of Whole My Cooftsion Wh! 0612gras STATE OF ILLINOIS ) )SS. COUNTIES OF COOK AND DUPAGE) 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 acknowledge 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 did affix 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 oU day of 2005. "OFFICIAL SEA] " PATRICIA DROSCHAK Notary Public, State of Illinole My Commisslon Explree 11107103 �'?9A9�49b4+fi6�4! BIESTERFIELD ROAD o Q EXIST. R.O.W. EXIST. R.O.W. I -10 I � t D_ w PROPOSED EASEMENT (35' X 10')� J o I I I of 0 o I 0 3 + o ro �I t I ixi 30' 30' I (� I UI i of EXHIBIT A t I PROPOSED EASEMENT o SCALE 1"=30' MARCH 10. 2005