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HomeMy WebLinkAboutRESOLUTION - 89-75 - 12/9/1975 - DEED OF CONVEY/MAINT BOND/MARK ST RESOLUTION NO. 89-75 A RESOLUTION ACCEPTING A DEED OF CONVEYANCE , MAINTENANCE BOND AND ACCEPTING FOR PERMANENT OWNERSHIP AND MAINTENANCE THE STREETS , CURB AND GUTTER, STORM SEWER, SANITARY SEWER AND WATER MAINS INSTALLED IN ELK GROVE VILLAGE ON MARK STREET AS SHOWN ON ELK GROVE ENGINEERING COMPANY PLAN NUMBER 6174-7 DATED MAY 20, 1974 IN ELK GROVE INDUSTRIAL PARK WHEREAS, the Developer has submitted a Deed of Conveyance and Maintenance Bond in the amount of $10,000.00 expiring on September 30, 1977, to the Village of Elk Grove Village as required by the Subdivision Control Ordinance and has fully complied with all provisions of any and all ordinances appertaining; and WHEREAS, the Developer has completed all repairs to public improvements as required by the Village, has made full payment of fees, and has submitted required As-Built-Engineering Plans; NOW, THEREFORE, , BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois: Section 1 . That the Village of Elk Grove Village does hereby accept a Deed of Conveyance and Maintenance Bond for public improvements as shown on Elk Grove Engineering Plan Number 6174-7 dated May 20, 1974, otherwise described as Mark Street from Katherine Way to Elk Grove Village boundary line with the Village of Bensenville. Section 2. That this resolution shall be in full force and effect from and after its passage and approval axcording to law. i PASSED this 9th day of December , 1975. APPROVED this 9th day of December 1975. Charles J. Zettek Village President ATTEST: Eleanor G. Turner Village Clerk DEED OF CONVEYANCE AND BILL dF SALE --T (Mark Street Extension) THIS INDENTURE WITNESSETH: THAT LA SALLE NATIONAL BANK, a national banking association, not personally, but as Trustee under the provisions of a Trust Agreement dated March 14 , 1969 and known as Trust No . 39270 (hereinafter sometimes referred to as the "Trustee") , for and in consideration of the sum of Ten Dollars ($10. 00) and other good and valuable consideration in hand paid, the receipt and sufficiency of which are hereby ac- knowledged, does hereby grant , bargain, sell , transfer , set over, assign, convey and deliver unto THE VILLAGE OF ELK GROVE VILLAGE, Cook and DuPage Counties , Illinois , a municipal corpora- tion (hereinafter sometimes referred to as the "Village") , the following : Water, Sanitary sewer and storm mains and drains and equipment as listed and located on engineering plans prepared by Elk Grove Engineering Company identified as Plan Number 6174- 7 , Sheets 1 through 7, dated September 23 , 1975 , otherwise described in Elk Grove Industrial Park, Unit 8 , which plans are incorporated by reference and made a part hereof, -and any additions thereto and improve- ments thereon and easements for construction, re- construction and maintenance as are necessary to operate and maintain the aforesaid mains , drains and equipment . TO HAVE TO HOLD all of the property hereby granted, bar- gained, sold, transferred, set over , assigned , conveyed and de- livered unto the Village , its successors and assigns , to and for itw own use forever. AND the Trustee does hereby covenant with the Village that it is the lawful owner of and has good and marketable titla to said properties hereby granted , bargained, sold, transferred, set over, assigned, conveyed and delivered ; that said property is free from all encumbrances ; that the Trustee has good right to sell the same as aforesaid; nd said-propertr- 11 a IN WITNESS WHEREOF , LA SALLE NATIONAL BANK, not personally but as Trustee as aforesaid has caused this instrument to be signed by its Ami Vice President and to be sealed with its corporate seal , and attested by its Assistant Secretary, all of this 2nd day of October , 1975 . LA SALLE NATIONAL BANK, as Trustee as aforesaid. r orally /i Vice Preside ATT • T: B y� istant Secretary e IS IpIT�RU�MjTPL PARED....... `Z TALISSIG, WEXLER & SHAW 1") Nk')RTli LA SALLE STREET. C + "(.0, ILL I: lOIS 60601 - 2- STATE OF ILLINOIS ) SS. COUNTY OF C 0 0 K ) ICHERYL LARKIN ' a Notary Public , in and for said CgnCY1n t e State aforesaid, DO HEREBY CERTIFY, thaf JUJtt ti ��• t -}int Vice President of the LA SALLE NATIONAL BANK, and "r: =Q A. Clark , Assistant Secretary of said Bank , who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such A­'54-s- _Lait7t Vice President and Assistant Secretary ,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 Bank, as Trustee as aforesaid, for the uses and purposes therein set forth; and the said Assistant Secretary then and there acknowledged that he, as custodian of the corporate seal of said Bank, did affix the corpo- rate seal of said Bank to said instrument as his own free and volun- tary act and as the free and ioluntary act of said Bark, as Trustee as aforesaid, for the uses and purposes therein set forth. Given under my hand and notarial seal this 2nd day of October, 1975 . N¢ ary Public �Y CO}dtdISSI01v �..u'1'u'� truvi,.�� 19. 19'lY. . 1 STREET MAINTENANCE BOND State of Illinois Ccurr, of DuPa,;- KNOW ALL MEN BY THESE PRESENTS: That we, Elk Grove Village Industrial Park, Ltd. , as Principal, and Westchester Fire Insurance Company, of Morris County, New Jersey, as Surety, are held and firmly bound unto the Village of Elk Grove Village, Illinois, as Obligee, in the sum of Ten Thousand and No/100 Dollars ($10,000. 00) lawful money of the United States, for the payment of which sum well and truly to be made, we hereby bind ourselves, our successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a contract for sanitary sewers, storm sewers, watermain:�, street lights, pavement, curbs and gutters, sidewalks as indicated on engineering drawings prepared by Elk Grove Engineering Company, 860 Lively Boulevard, Elk Grove Village, Illinois, entitled Elk Grove Industrial Park, Bensenville, Elk Grove Village, DuPage County, Illinois "Mark Street Extension" Drawings 1 through 7, dated 5-20-74, and Final Revision Drawings 1 through 5, dated 2-25-75 (final revision). NOW, THEREFORE, if the Principal shall repair any defects in said work occasioned by and resulting from defects in materials furnished by, or workmanship of, the Principal in performing the work covered by said contract, occurring within a period ending September 30, 1977, then this obligation shall be null and void, otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 16th day of September 1975 ELK G VE V AGE INDSTRIAL PARK, LTD. By: WEST ESTE E INSURANCE COMPANY By: , J Bruce, Attorney-in-Fact POWER OF ATTORNEY WES `TESTER P'IRI' INSt RANGE ('OMPA' P,.INCIPAL OFFICE, NEW YORK, N.Y. KNOWALLMEN BYTHESE PRESENTS: That the WESTCHESTER FIRE INSURANCE COMPANYaCor• poration duly organized and existing under the laws of the State of New York, and having its administrative offices in the Township of Morris, New- Jersey, has made, constituted and appointed, and does by these presents make, constitute and appoint Barry N . Kendrick , Joe Bruce , Janice G . Corre,V , Robert Cobb of Dallas , Texas its true and lawful Agent(s) and Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver: Any and all bonds and undertakings EXCEPT bonds on behalf of Independent Executors , Community Survivors , Community Guardians--------------------------------------------------------- --------------------------------------------------------------------------- and to bind the Corporation thereby as fully and to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Corporation at its offices in Morris Township, New Jersey in their own proper persons. This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated. This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the Westchester Fire Insurance Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 19th day of 19 72. ,,NEST, e� " "� '° Attest: WESTCHESTER FIRE INSURANCE COMPANY S �Rnecf.�,. G JoAhssn cewart H �yPesid�Ott STATE OF NEW JERSEY) ss.: COUNTY OF MORRIS ) On this 19th day of June 19-1-2, before the subscriber, a duly qualified Notary Public of the State of New Jersey, came the above-mentioned Vice President and Assistant Secretary of the Westchester Fire Insurance Company, to me personally known to be the officers described in, and who executed the preceding instrument, and they acknowledged the execution of the same, and being by me duly sworn, deposed and said, that they are the officers of said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my seal at the Township of Morris, the day and year first above written. (Signed) (Seal) NOTARY PUBLIC OF NEW JERSEY Notary Public r My Commission Expires July 2, 1976 This Power of Attorney is granted pursuant to Article IV, Sections A and B of the By-Laws of the WESTCH ESTER FIRE INSURANCE COMPANY as amended on the 7th day of May, 1971, and now in full force and effect. ARTICLE IV. Execution of Instruments The Chairman of the Board, President, or any Vice-President, in conjunction with the Secretary, or any Secretary, if more than one shall be appointed by the Board, or an Assistant Secretary, shall have power on behalf of the Corporation: (a) to execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever in connection with its business including. without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases• satisfactions and agency agreements; (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preced- ing paragraph(a),including affixing the seal of the Corporation. This Power of Attorney is signed and sealed under and by the authority of Article III, Section 9 of the By- Lawsof the WESTCHESTER FIRE INSURANCE COMPANY as amended on the 7th day of May, 1971,and now in full force and effect. Article III, Section 9. Facsimile Signatures — The signature of any officer authorized by the Corporation tu sign any bonds, guarantees, undertakings, recognizances, stipulations, powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed facsimile, litho- graphed, or otherwise produced . . . . . The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corpora- tion, notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. CERTIFICATE State of New Jersey County of Morris 1,the undersigned,Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing POWER OF ATTORNEY remains in full force and effect and has not been re- voked and furthermore that the above quoted abstracts of Article IV, Sections A & B and Article III, Section 9 of the By-Laws of the Corporation are now in full force and effect. Signed and sealed at the Township of Morris, New Jersey dated 16th day of _ SQ. tP ember 19_]x_• By Assistant Secretary Ernest E. Smith