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Home My WebLink AboutRESOLUTION - 110-73 - 10/2/1973 - GRANT OF EASEMENT/EG VETERANS CLUBRESOLUTION NO. 110-73 A RESOLUTION ACCEPTING A GRANT OF EASEMENT FROM THE ELK GROVE VILLAGE VETERANS CLUB , INC. NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Countries of Cook and DuPage, State of Illinois: Section 1. That Resolution No. 85-73 is repealed and hereby replaced. Section 2. That an Easement from the Elk Grove Village Veterans Club, Inc., relating to utility facilities, dated September 13, 1973, a copy of said Easement being attached and incorporated by reference, is hereby accepted. Section 3. The Village Clerk is hereby authorized to record the Easement and this resolution with the Cook County Recorder of Deeds on behalf of the Village of Elk Grove Village. Section 4. That this resolution shall be in full force and effect from and after its passage and approval according to ,law. PASSED this 2nd day of October 1973 APPROVED this 2nd day of October , 1973, VOTE: AYES: 6 NAYS ABSENT ATTEST: Villtgg' Clerk CERTIFIED RESOLUTION Wla r Glyf �retary of ELK GROVE VILLAGE VETERANS CLUB, INC., an [Illinois Not for Profit Corporation, DO HEREBY CERTIFY that the following is a true and correct copy of a certain resolution adopted at a meeting of the Board of Directors of ELK GROVE VILLAGE VETERANS CLUB, INC., in the Village of Elk Grove Village, County of Cook, State of Illinois, on, ?;/7 // 73 at which meeting a quorum was present and voted, and I FURTHER CERTIFY that said resolution is in full force and effect as of the date of this Certificate: WHEREAS, The Village of Elk Grove Village, Illinois desires from Elk Grove Village Veterans Club, Inc., a perpetual ease- ment for the purposes of the construction, installation, presence, use, maintenance, repair and renewal of water lines, sanitary sewer lines, storm sewer lines and sanitary sewage lift station and appurtenances thereto (hereinafter referred to as "utility facilities") in, on, under and across the west 15 feet and the north 20 feet of the following described real estate, to -wit: Lot 18 (except the rorth 210 feet thereof) in William Lumpp's Devon Avenue Farms, being a Subdivision in the South 1/2 of Section 33, Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. AND WHEREAS, it will be to the benefit of the Elk Grove Village Veterans Club, Inc, that the said easement be granted; IT IS THEP.EFOi2E, RESOLVED that Elk Greve Village Veterans Club, Inc. grant unto the said Village the said easc_nt; and RESOLVED, further that the President and the Secretary of said Elk Grove Village Veterans Club, Inc. be and they are hereby authorized to execute for and on behalf of said Elk Grove Village Veterans Club, Inc. all documents necessary to effect said easement grant. IN WITNESS WHEREOF, I have hereunto set my hand and have affixed the seal of said ELK GROVE VILLAGE VETERANS CLUB, INC., at Elk Grove Village, Illinois, this 13th day of September IC -7 J Secr tary ROBERT D. TARKOWSKI EASEMENT W-2-73 THIS INDENTURE, Made and entered into this 12 day of 1973, by and between ELK GROVE VILLAGE VETERANS CLUB, INC, (hereinafter referred to as "Grantor") and THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS (hereinafter referred to as "Grantee"); WIITNESSETH: That Grantor, for and in consideration of ONE DOLLAR (S1.00) and other good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, does hereby GRANT and CONVEY unto Grantee, its successors and assigns, a perpetual easement for the purposes of the con- struction, installation, presence, use, maintenance, repair, and renewal of water lines, sanitary sewer lines, storm sewer lines and sanitary sewage lift station and appurtenances thereto, (hereinafter referred to as "utility facilities") but for no other purposes whatever, in, on, under and across the west 15 feet and the north 20 feet of the following described real estate, to -wit: Lot 18 (except the north 210 feet thereof) in William Lumpp's Devon Avenue Farms, being a Subdivision in the South 1/2 of Section 33, Township 41 North. Range It, East of the Third Principal Meridian, in Cook County, Illinois, including the right to enter upon said real estate as required by Grantee for the purposes hereinbefore set forth, PROVIDED, however, that this easement grant shall in no way affect Grantor's right.to use the said real estate in any manner not inconsistent with this easement grant, and PROVIDED further that no permanent structures, other than fencing, shall be con- structed on said real estate. Grantee, by the acceptance hereof, covenants and agrees that it will at all tines provide for and safeguard the lateral support of and fur Grantor's real estate and structures thereon which are adjacent to the easement area and that it will, in each instance upon completion of the necessary work involved in this easement, level and grade the easement arra and return it to substantially the same condition that it was prior to the easement grant, Further, Grantee will be responsible for and shall reim- burse Grantor for any and all damage, loss, cost, or expense incurred by 0 - Page One - l tl Grantor in the removal, replacement, and/or relocation of any fencing made necessary by the presence and use by Grantee of this easement. I Grantee further agrees to release, defend, indemnify, and hold harmless the Grantor of and from any and all claims, liabilities, loss, cost, j or expense resulting from loss of or damage to property by whomsoever owned, !I and injury to or death of any persons by whomsoever sustained, caused by, resulting from, or arising out of the construction, installation, presence, use, maintenance, repair, and renewal of said utility facilities by Grantee as well as by its agents, servants, and independent contractors. ,i This easement is subject to Grantor's superior rights in and to said real estate and to any and all other outstanding rights, if any, and Grantee shall not by reason of the easement hereby granted, acquire or assert title to said real estate adverse to Grantor's title. Upon abandonment of the use of said real estate for the purposes herein authorized, title thereto shall i i remain in Grantor free and clear of all rights and claims of Grantee, IN WITNESS WHEREOF, said Grantor has hereunto caused this easement i to be subscribed by its President and attested by its Secretary as of the date hereinbefore written, ATTEST: ELK GROVE VILLAGE VETERANS CLUB, INC, Secretary LOUIS A. CHAMPAP/ resident ROBERT D. TARKOWSKI (Corporate Seal) STATE OF ILLINOIS) S5 COUNTY OF COOK ) I, RAYMOND H. KFEGAN, JR, , a Notary Public in and for said county and state aforesaid, do hereby certify that LOUIS A. CHAMPA and ROBERT 0, TARKOWSKI personally known by me t., be the same persons whose names are subscribed to the foregoing instrument and personally known to me to be the President and Secretary respectively of Elk Grove Village Veterans Club, Inc., appeared be- fore me this day and personally acknowledged that they signed and delivered the said instrument as their free and voluntary act and as the free and voluntary act of said corporation for the uses and purposes therein set forth. Given under my hand and notarial seal this 13th day of September 1973, (Seal) Notary Pub P s Page Two - RAYMOND M. KEEG , JF/ U 4