HomeMy WebLinkAboutRESOLUTION - 37-09 - 7/14/2009 - GRANT OF PERPETUAL EASEMENT/PARK ORLEANS UMBRELLA ASSOCRESOLUTION NO. 37-09
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE A GRANT OF PERPETUAL EASEMENT AGREEMENT BETWEEN THE
VILLAGE OF ELK GROVE VILLAGE AND PARK ORLEANS UMBRELLA
ASSOCIATION (VILLAGE WATER FEATURE-BIESTERFIELD AND LEICESTER)
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 PERPETUAL EASEMENT
FOR
VILLAGE WATER FEATURE AND ASSOCIATED
LANDSCAPING/HARDSCAPING AND ELECTRICAL CONNECTION
BETWEEN
THE VILLAGE OF ELK GROVE VILLAGE AND
PARK ORLEANS UMBRELLA ASSOCIATION
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: 5 NAYS: 0 ABSENT: 1
PASSED this 14th day of July 2009.
APPROVED this 14th day of July 2009.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Ann I. Walsh, Village Clerk
By: Judith M. Keegan, Deputy Village Clerk
RESGrantoWerpetual Easement WaterfeatureParkOrleans.doc
Grant of Perpetual Easement
for
Village Water Feature and Associated Lan dscaping/Hardscaping and Electrical Connection
between
The Village of Elk Grove Village
and
Park Orleans Umbrella Association
This Grant made this 14`x' day of July, 2009 by Park Orleans Umbrella
Association (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 the undeveloped real estate contiguous with and directly adjacent
to a proposed water feature and associated landscaping and hardscaping at the northeast intersection of
Biesterfield Road and Leicester Road in Elk Grove Village, and Subject property is identified by label
"PERMANENT EASEMENT HEREBY GRANTED" on the attached site plan titled Exhibit A, and
dated June 25, 2009.
Whereas, the Grantee desires to obtain, for the benefit of the public, a non-exclusive (as hereinafter
defined) easement of ingress and egress upon to, and non-exclusive (as hereinafter defined) rights to
construct, keep, maintain, and/or improve. Subject Property by developing, for the use and enjoyment of
the general public, a Water Feature with Landscaping and Hardscaping (brick pavers and brick seating
wall) at the northeast intersection of Biesterfield Road and Leicester Avenue as,depicted on the
aforementioned site plan. Said easement will be for water feature improvements and associated
landscape and hardscape features in accordance with the aforementioned plan. In addition, the
easement will include and allow for the construction and maintenance of an electrical service
conduit/wiring to be placed below ground to the Commonwealth Edison electrical supply (underground
electrical service not depicted on aforementioned plan): Said electrical easement is subject to the
Village supplying its own electrical meter and paying for any electrical usage associated with the
operation of the water feature improvements. The easement shall be deemed non-exclusive to the
extent that Grantor shall have full rights of access, ingress, and egress to the subject property.
Whereas, the Grantee's development of said Water Feature and Landscaping/Hardscaping will
come at great expense to the taxpayers;
Whereas, the Subject property is part of a residential, condominium subdivision commonly referred
to as Park Orleans, and Subject Property cannot be utilized by Grantor for any purpose other than as
a common open space area;
Whereas, the Grantor, through its Condominium Master Association, reviewed and participated in
Grantee's planning for said water feature and associated landscaping/hardscaping improvements to
be located in the easement area; and,
Whereas, Grantor is willing to grant said easement on the terms and conditions hereinafter set forth,
which easement is to the benefit of the Grantor.
Page 1 of 3
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:
Grant of Easement: Grantor grants to Grantee, for the general use and benefit of the public, a
perpetual non-exclusive (as hereinafter defined) right and easement to develop, construct, keep,
maintain, and/or improve a water feature and associated landscaping and hardscaping as depicted on
the attached site plan dated June 25, 2009 and as may be amended. In addition, said easement
includes Grantor granting to Grantee a perpetual non-exclusive easement for the installation and
maintenance of an underground electrical service conduit and/or wiring to the Commonwealth
Edison power supply for purposes of operating the fountain and associated lighting and electrical
equipment. Said grant of easement for the electrical service connection is not depicted upon the site
plan and is subject to Grantee having a separate electrical meter and grantee paying all electrical fees
associated with the operation of the water feature. Further, Grantor grants to Grantee, for the
general use and benefit of the public, a non-exclusive (as hereinafter defined) perpetual right of
ingress and egress over the property. The easement shall be considered non-exclusive to the extent
that Grantor shall have full rights of access, ingress, and egress to the subject property.
2. Property Development/Maintenance: Grantee shall fund the installation of all improvements
associated with the Water Feature, Landscaping, and Hardscaping features according to the attached
plan. In consideration for granting the perpetual easement, Grantee agrees to maintain the Subject
Property in the same manner and condition as the remainder of the property, which shall at all times
be kept and maintained in good condition.
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 attorneys 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 objections granted Grantee under this Grant of
Easement.
4. Running of Benefits and Burdens: The recitals hereinbefore set forth are 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, grants,
trusts, and legal representatives of each of the parties hereto. Notwithstanding the aforesaid,
Grantee shall not assign, convey, or transfer any of its rights herein without Grantor's written
consent.
5. Attorney's 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 of this Agreement: 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 carred out, but in
no event shall the right of use extend beyond the area granted herein.
7. Notice: Addresses for the parties are listed below. Either party may give written notice of change
of addresses 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 U.S. Post Office receptacle shall be evidence of such mailing.
Page 2 of 3
Grantor: Grantee:
Park Orleans Master Condo Association Village of Elk Grove Village
520 Biesterfield Road Unit #219 901 Wellington Avenue
Elk Grove Village, 11 60007 Elk Grove Village, 1160007
S. Release of Easement: The Grantee herein may terminate this Grant by recording a release in
recordable form with directions for delivery of same to Grantor at its last address, given pursuant
hereto. In such event, the Grantee must remove and restore to grade any sidewalks, and remove any
benches or markers located upon Grantor's property, but Grantee will not be required -to remove any
landscaping or fencing installed on Grantor's property. For convenience, the release may run to "the
owner or owners and parties in interest" in the Subject Property.
9. Execution: The parties hereby execute this agreement:
Park Orleans Master Condominium Association
Title:
Date:
Village of Elk Grove Village
A Municipal Corporation:
By: Cram B. Johnson
Title: Mayor
Date: July 14, 2009
Attest: Ann I. Walsh
Title: Village Clerk
Date: July 14, 2009
Page 3 of 3
EXHIBIT A
BIESTERFIELD ROAD
JI inn -:.oe..+11
mwna1
1
tr{r���^swr Y: wer.a.r
��,e,o.
n�.s.
•}
�„{.. eererert..00eet...m
Meet � �.• mwaso
y{ e{ttw�t
•ice
M���IYl�lOti[{tm9V
.
1
;
Oc X60
oc
QO
e et
t 1
`'C` lg1
y
c�Vet
OeG
I
I
BGG.
I
I ,
Q
o
I
I=1h
Y
AR£h OF F/39�ti
,Y
3 � c
i.lM W.FT•
33i
tu
]g
iAUA
r
LU
a
U
i
jet
J
I
A
I;
I
bn
BIESTERFIELD ROAD
JI inn -:.oe..+11
mwna1
1
tr{r���^swr Y: wer.a.r
��,e,o.
n�.s.
•}
�„{.. eererert..00eet...m
Meet � �.• mwaso
y{ e{ttw�t
•ice
M���IYl�lOti[{tm9V
.
=� Baxter w'oodma'n
o..r or+•
_ __�� 081278.90