HomeMy WebLinkAboutRESOLUTION - 15-16 - 5/10/2016 - Grant of Easement District 214RESOLUTION NO. 15-16
A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO
EXECUTE A GRANT OF EASEMENT FOR VILLAGE INGRESS/EGRESS BY THE
BOARD OF EDUCATION OF TOWNSHIP HIGH SCHOOL DISTRICT 214 TO THE
VILLAGE OF ELK GROVE VILLAGE
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 be and is hereby authorized to sign the attached documents
marked:
GRANT OF EASEMENT FOR VILLAGE INGRESS/EGRESS
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 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:I
PASSED this 10th day of May 2016.
APPROVED this 101h day of May 2016.
APPROVED:
Mayor Craig B. Johnson
Village of Elk Grove Village
ATTEST:
Judith M. Keegan, Village Clerk
GRANT OF EASEMENT FOR VILLAGE INGRESS/EGRESS
This Grant of Easement is made as of the effective date set forth in Section 15 of this Grant
of Easement, by the BOARD OF EDUCATION OF TOWNSHIP HIGH SCHOOL
DISTRICT 214, Cook County, Illinois, ("Grantor") to the VILLAGE OF ELK GROVE
VILLAGE, Cook and DuPage Counties, Illinois, a municipal corporation{"Grantee").
WITNESSETH:
WHEREAS, the Grantor is the fee owner of a tract of land legally described as
follows:
LOT 1 IN ELK GROVE VILLAGE SECTION 3, BEING A SUBDIVISION
IN SECTION 29 AND 33, TOWNSHIP 41 NORTH, RANGE 11, EAST OF
THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS.
EXCEPTING THEREFROM THAT PART OF LOT 1 OF ELK GROVE
VILLAGE SECTION 3, A SUBDIVISION IN SECTIONS 28, 29 AND 33,
TOWNSHIP 41 NORTH, RAGE 11, EAST OF THE THIRD PRINICPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
INTERSECTION OF THE CENTER LINE OF ARLINGTON HEIGHTS
ROAD AS SHOWN IN DOCUMENT #17478278 WITH THE WEST LINE
OF SAID LOT I EXTENDED NORTHERLY, THENCE SOUTHERLY TO
THE NORTHWEST CORNER OF SAID LOST 1 FOR A POINT OF
BEGINNING, THENCE NORTHEASTERLY ON THE NORTH LINE OF
LOT 1 AFORESAID TO A POINT 296.82 FEET NORTHEASTERLY OF
AND 45 FEET SOUTHEASTERLY OF THE POINT OF
COMMENCEMENT (AS MEASURED ON THE CENTERLINE OF
ARLINGTON HEIGHTS ROAD AND ON A LINE AT RIGHT ANGLES
THERETO), THENCE SOUTHWESTERLY TO A POINT 209.90 FEET
NORTHEASTERLY OF AND 80 FEET SOUTHEASTERLY OF THE
POINT OF COMMENCEMENT (AS MEASURED ON THE CENTER LINE
OF ARLINGTON HEIGHTS ROAD AND ON A LINE AT RIGHT ANGLES
THERETO), THENCE SOUTHWESTERLY PARALLEL WITH SAID
CENTER LINE TO THE WEST LINE OF LOT 1 AFORESAID, THENCE
NORTH TO THE POINT OF BEGINNING.
1664903.2
WHEREAS, the Grantee wishes to obtain, for the benefit of the Grantee, an
easement of ingress and egress providing access to an existing easement, within the
northwest 40 feet of the subject property, as shown on the attached Exhibit A.
WHEREAS, the Grantor is willing to grant said easement on the terms and
conditions hereinafter -set forth.
NOW, THERFORE, 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 hereby stipulate, it is agreed by and between them as
follows:
I . Grant of Easement. Grantor grants to Grantee for the exclusive use and benefit of
Grantee, its employees, and agents, a perpetual right of ingress and egress over
the northwest 40 feet of the subject property, as shown on the attached Exhibit A,
for purposes of vehicular access to a Village monopole. Access may be utilized
for the purposes of maintaining, replacing or repairing the monopole and water
monitoring equipment.
2. Use of Monopole. The Grantee agrees that the monopole shall be used solely by
the Grantee for the transmittal of water level elevations of Salt Creek, and that the
monopole shall not be permitted to be used by any other entity, nor for any other
intended purpose.
3. Indemnity. Grantee agrees to defend, indemnify and hold Grantor, its agents,
employees, successors and assigns harmless from all claims, causes of action,
suits, damages, injuries to property and persons, including loss of life, demands,
liability, loss, liens, penalties, fines, interest, costs and expenses (including,
without limitation, reasonable attorneys' fees), which are in any manner related to
the Grantee's acts or omissions related to the easement granted by this Grant of
Easement.
4. Insurance. Prior to commencing any work associated with this Agreement,
Grantee shall obtain and provide to Grantor evidence of general liability
insurance, with a limit of One Million ($1,000,000.00) dollars per occurrence and
naming Grantor, its Board, Board members, and employees as additional insureds,
and covering Grantor, its Board, Board members, and employees from liability
arising from the activities of Grantee in connection with work associated with this
Grant of Easement.
1664903.2
3 -
5. Running of Benefits and Burdens. The recitals hereinbefore set forth are hereby
made apart of this Grant of Easement. All provisions of this Grant of Easement,
including the benefits and burdens, are intended to and shall run with the land and
be binding upon and inure to the benefit of the successors, assigns and legal
representatives of each of the parties hereto.
6. Construction. The rule of strict construction shall not apply to this Grant of
Easement. This Grant of Easement 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. Grantor's address is 2121 S. Goebbert Road, Arlington Heights, Illinois,
60005. Either party may give written notice of change of address 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 the U.S. Post Office receptacle shall be evidence of such
mailing.
8. Release of Easement. Either party may terminate this Grant of Easement after
providing the other party with 18 months written notice. In such case, Grantee
shall terminate this Grant of Easement 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: (a) restore the subject property to its
original and unimproved condition; and, (b) continue to indemnify the Grantor
from all claims arising out of Grantee's rights and obligations under this Grant of
Easement. For convenience, the release may run to "the owner or owners and
parties interest" in the subject property.
9. Notice of Use. Except in the case of emergency, Grantee shall at all times prior
to its entry on the subject property for the purpose of exercising any of its rights
granted hereunder, give not less than three (3) days advance notice in writing of
its intentions to do so, to Grantor.
10. Diligence. Once Grantee commences construction and installation of the
monopole and water monitoring devices on the subject property, or the repair or
replacement of any part therein, Grantee shall with due dispatch and diligence
pursue such construction, installation, repair or replacement to completion, in as
expeditious manner as reasonably possible.
11. Restoration. Upon completion of construction, installation, replacement or repair
of monopole or water monitoring devices, Grantee shall with due diligence and at
1664903.2
- 4 -
its sole cost and expense, restore the subject property to its original condition,
including sodding same. If the Grantee fails to repair or restore Grantor's property
damaged by Grantee within seven days after receipt of written notice from Grantor
requesting the repairs and restoration, then Grantor may utilize its own forces or
a third party to repair and restore.the property, and Grantee shall pay for all repair
and restoration costs incurred by Grantor within 14 days after Grantee's receipt of
a written demand for payment from Grantor.
12. Removal of Monopole. Within 18 months after notification of termination of this
Grant of Easement, Grantee shall remove the monopole and water monitoring
equipment. In performing such removal, Grantee shall restore Grantor's property
and any personal property and fixtures thereon tows good a condition as they were
prior to the installation or placement of the monopole and water monitoring
equipment, except for reasonable wear and tear. If Grantee fails to remove the
monopole and water monitoring equipment within such 18 month period, Grantor
may thereafter remove and dispose of the monopole and water monitoring
equipment and Grantee shall reimburse Grantor for the costs of such removal and
restoration of the property. Moreover, Grantor may deem the monopole and water
monitoring equipment abandoned in which event the monopole and water
monitoring equipment shall become Grantor's property.
13. No Lien. Grantee shall not permit any lien to stand against Grantor property
related to this Grant of Easement or any improvements thereon for any labor or
materials in connection with work performed under this Grant of Easement. In
the event of any such lien attaching to Grantor property or any improvements
thereon, Grantee shall immediately have such lien released.
14. No Third Party Beneficiaries. No claim as a third party beneficiary under this
Agreement by any person shall be made, or be valid, against Grantor or Grantee.
15. Effective Date. This Grant of Easement shall be deemed dated and become
effective on the date the last of the parties signs as set forth below the signature of
their duly authorized representatives.
1664903.2
ATTEST:
Village Clerk
(SEAL)
5 -
VILLAGE OF ELK GROVE VILLAGE,
a municipal corporation
Mayor
PROPERTY OWNER
LIZ
Attest:
President, Board of Education of
Township High School District 214
Secretary, Board of Education of
Township High School District 214
1664903.2
6 -
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 Craig B. Johnson, Mayor of the Village of Elk Grove Village,
and Judith M. Keegan, Village Clerk of the Village of Elk Grove Village, personally know
to me to be the same persons whose names are subscribed to the foregoing instrument as
such Mayor and Village Clerk, 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 Village of Elk Grove Village for the
uses and purposes therein set forth; and the said Village Clerk then and there acknowledged
that she, as custodian of the corporate seal of said Village of Elk Grove Village affixed said
corporate seal to said instrument as her own free and voluntary act and as the free voluntary
act of said Village of Elk Grove Village for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this day of , 2016.
Notary 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 that , President of the Board of
Education of Township High School District 214, and , Secretary of the
Board of Education of Township High School District 214, personally known to me to be
the same persons whose names are subscribed to the foregoing instrument as such
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 for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this day of , 2016.
Notary Public
1664903.2
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