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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. -2- 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 -4- 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.