HomeMy WebLinkAboutRESOLUTION - 27-76 - 4/27/1976 - AGRMT/SPERRY RAND UNIVAC/DITCHSection 1. That the Village President be and is hereby authorized to
sign the attached documents marked License Agreement
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 lair.
PASSED this 27th day of April
APPROVED this 27th day of April
Attest:
Village C1,1.
, 1976 .
1976
We hereby certify that this is a true and
exact copy of the original filed for record
with the Registrar of Titles, Cook County,
Illinois on! u=�SDoe. ;¢I-(:-jR"7oyL,3
Pioneer National Title Insurance Company
Y
We hereby certify that this is a true and
exact copy of the original filed for
recording in Cook County, Illinois on
.5'- •atf 7 ( Doc. '' J 3 '
Pioneer National Title Insurance Company
RESOLUTIONI I:0. 27-76
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND
VILLAGE CLERK TO
EXECUTE A LICENSE AGREEMENT BETWEEN THE VILLAGE OF
ELK GROVE VILLAGE
AND THE AMALGAMATED TRUST AND SAVINGS BANK AS TRUSTEE
UNDER TRUST
NO. 2167 (5perryy Rand Univac Company)
VOW, MEI=ORE, LE IT RESOLVED by the President and
Board of Trustees
h
of the Village of Elk Grove Village, Counties of Cook and DLPaCc, State
J
of Illinois:
Section 1. That the Village President be and is hereby authorized to
sign the attached documents marked License Agreement
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 lair.
PASSED this 27th day of April
APPROVED this 27th day of April
Attest:
Village C1,1.
, 1976 .
1976
We hereby certify that this is a true and
exact copy of the original filed for record
with the Registrar of Titles, Cook County,
Illinois on! u=�SDoe. ;¢I-(:-jR"7oyL,3
Pioneer National Title Insurance Company
Y
We hereby certify that this is a true and
exact copy of the original filed for
recording in Cook County, Illinois on
.5'- •atf 7 ( Doc. '' J 3 '
Pioneer National Title Insurance Company
A'j2=/'1f
L1Cl�;i\'SI's AG1,1�li11L:?�'1'
AGREEMENT by and botween 1.LK GROVE VILLAGE, a municipal
corporation (hereinafter referred to as "Village") and AMALGAMATED
TRUST AND SAVINGS BANK, as Trustee under 'frust No. 21G7 (herein-
after referred to as "Trustee") dated April 27,
1976.
Trustee holds title to the real estate described in Exhibit "A"
attached hereto and made a part hereof. Village owns and operates a
storm water drainage ditch on the following described real estate:
That portion of Section 35, Township 41 North, Range 11,
East of the Third Principal Meridian in Cook County, Illinois,
being 40. 0 feet wide and 675. 03 feet long bounded by the
south boundary of the right of way for Lunt Avenue on the
north, by Lot 7 in Centex Industrial Park Unit I on the west
and Lot 17 in Centex Industrial Park Unit 3 on the east.
Parcel 1 of the real estate described in Exhibit "A" borders the
aforesaid drainage ditch to the east and is improved with an industrial
building and parking lot. Parcel 2 of the real estate described in Exhibit
"A" borders the aforesaid drainage ditch to the west and is unimproved.
Trustee desires to utilize a portion of said Parcel 2 for parking of
motor vehicles of occupants of the building located on said Parcel 1 and
to provide parking for motor vehicles and ingress and egress for pedestrians
and motor vehicles over and across the aforesaid drainage ditch. Trustee
further desires to have the right during the next ten (10) years to enlarge
the building on Parcel 1 over and across a portion of the area owned by
Village and occupied as a drainage ditch. Village desires to accommodate
Trustee provided Trustee does not materially interfere with the storage
or flow of storm water within the aforesaid drainage ditch.
IVoW, T'1l sRI,U'Oltl_:, ill consideration of the mutual promises contained
herein, the parties hereto agree as follows:
1. Village hereby grants Trustee the right to construct culvert
pipes within the existing drainage ditch a distance of approximately 235 feet
South of the South right of way line of Lunt Avenue in accordance with the
preliminary- engineering plan therefor prepared by Swann .& Weiskopf,
Architects, dated January 17, 1976 and designated "Sheet U-lA" and pre-
viously submitted to the Village, or as the Village engineer may otherwise
approve. Trustee is hereby authorized to use the area so improved for
parking of motor vehicles and for ingress and egress of pedestrians and
motor vehicles from Parcel 1 of Exhibit "A" to Parcel 2 of Exhibit "A"
2. Village hereby grants Trustee the right to relocate the afore-
said drainage ditch or any portion thereof not improved with culvert pipes
to the South forty (40) feet of Parcel 2 of Exhibit "A" and West forty (40)
feet of said parcel. Additional culvert pipes shall then be constructed
across Parcel 2 so as to connect the relocated ditch with the existing cul-
vert pipes constructed pursuant to paragraph 1 above. Trustee shall then
prepare and execute and Village shall execute, as appropriate, a plat of
vacation for the area of the portion of the existing drainage ditch described
above rerouted, a plat of dedication for the area occupied by the relocated
drainage ditch and culvert pipes, and deeds of conveyance. Said improve-
ments shall be constructed in, accordance with the preliminary engineering
plan prepared therefor by Swann & Weiskopf, Architects, dated January 17,
1976 and designated "Sheet U-lA" previously submitted to the Village and in -
elude a six (G) foot paved invert in the bottom and concrete rip -rap along the
open side slopes, or as the Village engineer may otherwise approve.
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4'I22/76
3
Village hereby grants Trustee the right to install a peclestrian
bridge over and across the aforesaid drainage ditch to facilitate pedestrian
ingress and egress from i arccl 1 of Lxhibit "A" to Parcel 2 of Lxhibit "A"
Said bridge shall not exceed ten (10) feet in width and the plans and specifi.-
cations therefor shall be approved by the Village engineer. Trustee shall
thereafter have a perpetual easement across that portion of the aforesaid
drainage ditch area equal to the width of said pedestrian bridge and forty
(40) feet long.
4. The license hereby granted to Trustee to construct the afore-
said improvements shall expire on Augurs 1, 1956 if Trustee has not applied
to Village for a builciinb permit therefor prior thereto. In the event a building
permit has been granted by the Village for the aforesaid improvements and
construction completed pursuaut thereto, Trustee's right to use the area of
the aforesaid drainage ditch as provided herein shall be perpetual. Said
rights are for the benefit of Parcels 1 and 2 of Exhibit "A" and run with the
land.
5. Trustee shall exert its best efforts to construct the aforesaid
improvements so as not to materially interfere with the storage or flow of
storm water within the drainage ditch.
6. In the event Trustee intends to relocate the drainage ditch or
a portion thereof pursuant to paragraph 2 above, Trustee shall notify the
Village engineer of said intention in writing. The Village may, within thirty
(30) clays of receipt of said notice, elet:t to require Trustee to extend the
culvert pipes in the drainage ditch across the length thereof or construct
a box culvert from the then existing culvert pipes to the South end thereof
-3-
iu lieu of relocating [lie drainage ditch as described in the aforesaid pre-
linninary cnginecring plans prep,ired by Swann &Weislcopf, Architects. In
the event Village so elects, Trustee. shall have the right to construct an
addition to the existing building on Parcel 1 of Exhibit "A" over and across
the area of said drainage Glitch and use same. as if it were on Parcel 1 in
fie rpet IU ty.
7. Village shall have access at all times to the improvements
constructed by Trustee in the area of the drainage ditch for purposes of
inspection, maintenance and repair. The cost of inspection, maintenance,
and repair shall be borne by Village, the cost of restoration shall be borne
by Trustee. Trustee s'all maintain the paved surface and other improve-
ments over and above the drainage ditch area in good order and repair as
necessary.
8. All rights and obligations of Trustee hereunder shall extend
to and be binding upon Trustee's successors, assigns, lessees, agents,
employees, and invitees and their sublessees, agents, employees and
invitees.
IN WITNESS WIIEEiEOF, the parties hereto have signed this Agreement
on the date first above written.
Attest:
(Village Cie ch
Attest:
Its Assistant Secretary
ELK G1E Vl L P'
133,
I s)President
AMALGAMATED TRUST AND SAVINGS
BANK, as Trustee under Trust No. 2167
and not individually
BY
Its Vice President
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STAT 17 Oh' ILLINOIS )
) SS.
COUNTY Or COOK )
1, the undcrsi�med, a Notary Public in and for said County, in the State
aforesaid, DO IIEREBY Cla.TIFY that Cl_Charles_J. Zettek , President and
a
-Elenor G. Turner Village; erk of ELK G11OVE VIZI kGE, a
municipal corporation, personally knoxil to me to be the same persons whose
names are subscribed to the foregoinry instrument, appeared before me this
clay in per son and aeknowledge.d that trey signed and delivered the said instru-
ment as President and Village Cleric of said corporation, and caused [lie
corporate seal of said corporation to be affixed thereto, pursuant to authority
given by the Board of Trustees of said corporation, as their free and voluntary
..,A and as the free and voluntary act and deed of said corporation, for the uses
and purposes therein set forth.
GIVEN under my hand and seal this 27th day of April , 1976
Not.: y Public
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 the above named i, B. YG:. r:WV
Vice President andI(':TIIAFi';l:i i.'. .:':�`:`=
_ , Assistant
Secretary of AMALGAMATED '1'IiUST 8 SAVINGS BANK, an Illinois corporation,
personally known to me to be the same persons whose names are subscribed to
the foregoing instrument, appeared before me this day in person and acknowledged
that they signed and delivered the said instrument as Vice President and
Assistant Secretary of said corporation, and caused the corporate seal of said
corporation to be affixed thereto, pursuant to authority given by the Board of
Directors of said corporation, as their free and voluntary act and as the free
and voluntary act and deed of said corporation, for the uses and purposes
therein set forth.
GIVEN under my hand and seal this f�y of c -1976.
• ��O��y2�—�
Notary Public
t
�1caJpr� C` L' -Sr — r'��
11`Xl1li31T "All
LEGAL DESCRIPTION
Parcel. 1:
Lot 17 Im—cept the hast 1500 feet as mezasured at right an -les to the East
Tine thec eof) in Centex Industrial Park Unit 3, beinrr a subdivision of
Section 35, Township 41 No,`h, Range 11, East of the Third Principal
I14eridian, in Cook County, Iilinois.
a
Parcel 2:
That part of Lot 7 in C_n tcx Industrial Park Unit 1, being a Subdivision in
Section 35, Township 41 Forth, Range 11, East of the Third Principal
Meridian, lying East of a line drawn from a point on the North line of lot 7
aforesaid 205. 98 feet :'est of the North East corner thereof, to a point on
the South line of lot 7 aforesaid, 205. 83 feet West of the South East corner
thereof (except the South 25 feet thereof) in Cook County, Illinois.