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HomeMy WebLinkAboutRes 35-81 10/06/1981 Î\ ,,/ RESOLUTION NO. 35-81 A RESOLUTION TO APPROVE AND AUTHORIZE A LICENSE AGREEMENT PERTAINING TO A BUILDING ENCROACHMENT ON WEST BUSSE AVENUE IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WHEREAS, Phyllis Starke of 19 West Busse Avenue, Mount Prospect, Illinois is the Owner of a certain 1 1/2 story brick and stucco building which is presently encroaching beyond the ./ Lot line and on to a portion of West Busse Avenue in the Village of Mount Prospect, Illinois; and WHEREAS, the Village is presently embarking upon an improve- ment to West Busse Avenue, including that portion thereof which abuts the property of Phyllis Starke; and WHEREAS, a License Agreement (a copy of which is attached hereto and made a part of this Resolution by reference) has been submitted to this Board to allow the said Phyllis Starke permission to continue to maintain the subject building within the area of its encroachment upon West Busse Avenue until such time as the building is removed; and WHEREAS, it is deemed to be in the best public interest that said License Agreement be approved and executed by this Village. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The said License Agreement between this Village and Phyllis Starke regarding the building encroachment at 19 West Busse Avenue, Mount Prospect, Illinois is hereby approved. SECTION TWO: The Mayor and the Village Clerk are hereby authorized and directed to execute this License Agreement with the Seal of this Village affixed thereto. SECTION THREE: This Resolution shall be in full force and effect upon its passage and approval in accordance with law. r.~ ----./ PASSED: This 6th day of October , 1981. AYES: Arthur, Farley, F1oros, Miller, Murauskis, Wattenberg NAYES: None ABSENT: None APP ROVED: This 6th day of October , 1981. t::J~ . /I Ka/~ 7 MAYOR ATTEST: VILLAGE CLERK n --"'" LICENSE AGREEMENT This Agreement entered into this day of , 1981 by and between the Village of Mount Prospect, an Illinois municipal corporation, in Cook County, Illinois (hereinafter referred to as the "Village") and Phyllis Starke of 19 West Busse Avenue, Mount Prospect, Illinois (hereinafter referred to as the "Owner") : WITNESSETH: ---------- WHEREAS, the Owner holds title to certain real estate located at 19 West Busse Avenue, in the Village of Mount Prospect, Illinois, and legally described as follows: Lot 3 in John Meyn's Subdivision of part of Block 16 of Mount Prospect, in the West 1/2 of Section 12, Township 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois: WHEREAS, there is constructed on said property a certain 1 1/2 story brick and stucco building, a portion of which presently extends beyond the Lot line and encroaches on the public road right-of-way of Busse Avenue (all as more particularly set out and shown on a Plat of Survey dated January 28, 1950, prepared by Valentine F. Weber, a registered Illinois Land Surveyor, and attached hereto and made a part of this Agreement by reference): and ì~HEREAS, the Village is presently involved in an improvement of Busse Avenue, and it is deemed to be in the best interest of the parties hereto that a license be given to the Owner to permit the subject building encroachment to remain on the public right-of-way for such time as the building is in existence. NOW, THEREFORE, upon the stated considerations and for other '. good and valuable considerations the parties hereto agree as follows: 1. That a license is hereby granted by the Village to the O'wner, and her successors and assigns in title or interest to the subject real estate, to occupy, maintain and utilize that part of the public right- of-way of West Busse Avenue abutting the property ... !,. .-/ hereinbefore described for the purpose of allowing the continuance of that portion of the building located on said real estate which encroaches on the public right-of-way. 2. That this license is granted to permit the continued encroachment of a part of the present 1 1/2 story brick and stucco building situated on the said described real estate for as long as such I building exists in its present location, and said license shall terminate at such time as the present building is demolished, destroyed, relocated or otherwise removed. 3. That at such time as this license is terminated the Owner, as grantee, shall cause to be removed such part of the building, if any, situated within the licensed area as described herein, and the Owner shal1 restore the licensed area in accordance with the requirements of the Village at the sole cost of the Owner. 4. That this license shall not restrict, prohibit or otherwise prevent the Village from otherwise using the abutting public right-of-way area of West Busse Avenue for public purposes. 5. That as a condition to the permission given herein the Owner shal1 at all times during the term of this license carry public liability insurance, at Owners expense, insuring the Village against any and all claims for damages to persons or property resulting from or arising out of the use and main- tenance by the Owner herein of the described licensed area: and the Owner shall furnish the Village with a certificate of such insurance coverage. 6. That in addition to the foregoing the Owner shall further indemnify and hold harmless the Village from any costs, damages, expenses, or judgements rendered against the Village or any of its officials as a result of and arising out of the use and main- tenance by the Owner of the licensed area. VILLAGE OF MOUNT PROSPECT, ILLINOIS BY &f~ ¡¡ W~ y ViAYOR PHYLLIS STARKE, Owner ATTEST: " ~Y-~ VILLAGE CLERK