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Home My WebLink AboutRESOLUTION - 52-09 - 9/22/2009 - EASEMENT AGREEMENT PARK ORLEANS/LEICESTER & BIESTERFIELDRESOLUTION NO. 52-09 A RESOLUTION RESCINDING RESOLUTION NO. 37-09 ADOPTED ON JULY 14, 2009 AND 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: 6 NAYS: 0 ABSENT: 0 PASSED this 22 "d day of September 2009. APPROVED this 22 nd day of September 2009. APPROVED: Mayor Craia B. Johnson Village of Elk Grove Village ATTEST: Ann 1. Walsh, Villaae Clerk P-ESEasementwaterfeatureParkOrleansrevised A,,� � - w q -,2 oe) 9 )4 - 7,� �'Yaqy 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 This Grant made this 22d day of September, 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 t6 obtain, for the benefit of the public, a.non-exclu , sive (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 generally depicted on the construction plan prepared by Planning Resources originally dated 0 1. 12.09 and revised May 6, 2009 and titled: Water Feature (Exhibit B). Said easement will be for water feature improvements and associated landscape and hardscape features in accordance with the aforementioned plan Exhibit B. 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 site plan). Said electfical.easement is subject to conditions indentified in Paragraph I herein. The easement shall be deemed nonexclusiv� to the extent that Grantor shafl 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 I of 3 NOW, THER. ' EFORE, 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: - I . 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 generally depicted on the construction plan prepared by Planning Resources originally dated 01. 12.09 and revised May 6, 2009 and titled: Water Feature (Exhibit 13). The easement ' is subject to Grantor having the right to review and approve any substantial modifications to said construction plan that may be proposed at any time. 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 construction plan. The grant of easement is subject to: (i) Grantee having a separate electrical meter, (ii) grantee paying all electrical fees associated with the operation of the water feature, (iii) if at any time there are costs associated with the installation and/or repair to the Commonwealth Edison electrical transformer due to the fountain electrical supply, then grantee shall pay those costs; and, (iv) if requested by Grantor due to electrical power consumption by the fountain resulting in insufficient power at Grantor's 540 building, Grantee shall cause to have electrical service to the fountain termin * ated upon Grantor providing 4 hours notice to Grantee. In such instance, electrical power service to the fountain can be restored by Grantee following electrical repairs that reasonably restore sufficient electrical power to both the fountain and the 540 building. 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 Wateffeature, 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. 3. Indemnitv: 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. Grantee shall maintain liability insurance coverage on the public usage of said easement. Upon request, Grantee shall provide Grantor with a Certificate. of Insurance. 4. Running of Benerits 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 beriefit 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. Page 2 of 3 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 carried 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. Grantor: Grantee: Park Orleans Master Condo Association Village of Elk Grove Village 520 Biesterfie ' Id Road Unit #104 901 Wellington Avenue Elk Grove Village, 1160007 Elk Grove Village, 1160007 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. Fo"r 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 La Title: Date: Village of Elk Grove Village A Municipal Corporation: By: Craig B. Johnson Title: Mayor Date: September 22, 2009 Attest: Ann 1. Walsh Title: Village Clerk Date: September 22, 2009 Page 3 of 3 EXIMIT A as, Nq 0 16 NVA OF EASVMEkT Y.M lz ;u- — — — — — — — — — — — — — — -- BIESTERFIELD ROAD EXHMrT A 'Saxic' & Ir"dman 081278-90 ml x I =r � EF r-41 LI-Ij 0 ----------- 'u LEZZ5TER FZOAp f F . A/ 0. V 0 cl. (D P fg5 RIP a I I 1 .4 a 0 I 1A 11181 11 X21,11 , I Ila a 9 a 14 1,, 1,' ;, � Hill dip -k a "D gg ra cn WATER FEATURE ICONSP=7" PLOI RD. BIESTERFIELD RD. & LEICESTER sca*:,*,O*-V Elk Grove Village, [Hinois