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HomeMy WebLinkAboutRes 24-07 05/15/2007 RESOLUTION NO. 24-07 A RESOLUTION AUTHORIZING THE EXTENSION OF AN EASEMENT AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE MT. PROSPECT PARK DISTRICT FOR PROPERTY LOCATED AT THE MT. PROSPECT GOLF COURSE, 600 SOUTH SEE-GWUN AVENUE, MOUNT PROSPECT, ILLINOIS WHEREAS, the Mt. Prospect Park District ("District") owns the property commonly known as the Mt. Prospect Golf Course, 600 South See-Gwun Avenue, Mount Prospect, Illinois; and WHEREAS, the District entered into an agreement ("Agreement") dated February 21, 1967 with the Village of Mount Prospect ("Village") pursuant to which the District granted the Village a forty (40) year easement for the construction, operation and maintenance of a water well, water reservoir and water mains and the non-exclusive right to use a certain access road at the Mt. Prospect Golf Course; and WHEREAS, the initial term of the Agreement has expired and the Village has requested the District to extend the Agreement for an additional forty (40) years to February 20, 2047; and WHEREAS, the District is willing to extend the term of the Agreement as requested by the Village, on the same terms as forth in the Agreement. WHEREAS, it has been further determined that it would be in the best interest of all concerned to enter into said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The Agreement shall be extended, on the same terms as set forth in the Agreement, for an additional forty (40) year term, to and including February 20,2047. SECTION TWO: The Board of Trustees of the Village of Mount Prospect do hereby authorize the President to sign and the Clerk to attest her signature to the Extension of Easement Agreement between the Village of Mount Prospect and the Mt. Prospect Park District, a copy which is attached hereto and hereby made a part hereof as "Exhibit A." SECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Corcoran, Hoefert, Juracek, Korn, Lohrstorfer, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 15th day of May 2007. ~;;:~~ l,wna K. Wilks Mayor ATTEST: L. M. Lis ngell, Village CI r H: \CLKO\files\WI N\RES\Ease t a9 rmtmtprospectparkdistrictmay2007 .doc ) EXTENSION OF EASEMENT AGREEMENT Preamble On February 21, 1967, the Village of Mount Prospect and the Mount Prospect Park District entered into an agreement providing the Village with an easement ("Agreement") over certain Park District property for purposes of installing, operating and maintaining a water reservoir, well and subject to the parties mutual assessment to renew it. The Parties have now determined that it is in their mutual best interest to extend the Agreement for an additional forty years. Now, therefore, in consideration of the mutual covenants contained in this Extension of Easement Agreement and other good and valuable consideration the Parties agree that the Agreement entered into on February 21, 1967 shall be extended for an additional term of forty years beyond that expiration date on the same terms as set forth in the Agreement. DA TED>-')22,,/../.s::- , 2007 / //j / Village of Mount.:p;ospect, an Illinois Municipal Corporation Mount Prospect Park District, an Illinois Municipal Corporation !'-, By ~;{ ft/t$h President . . ~ /, I- By: .' .:~" {/ . j?~ r"President ATTEST: C/}J~~ Jdi L/: erk ,; ( . c;~ C. iManage:191177 _1 RESOLUTION NO. 584 MT. PROSPECT PARK DISTRICT A RESOLUTION APPROVING A 40 YEAR EXTENSION OF EASEMENT AGREEMENT FOR A PART OF THE MT. PROSPECT GOLF COURSE WHEREAS, the Mt. Prospect Park District ("District") entered into an agreement ("Agreement") dated February 21, 1967 with the Village of Mt. Prospect ("Village") pursuant to which the District granted the Village a forty (40) year easement for the construction, operation and maintenance of a water well, water reservoir and water mains and the non-exclusive right to use a certain access road on real property owned by the District at the Mt. Prospect Golf Course; and WHEREAS, the initial term of the Agreement has expired and the Village has requested the District to extend the Agreement for an additional forty (40) years to February 20, 2047; and WHEREAS, the District is willing to extend the term of the Agreement as requested by the Village, on the same terms as set forth in the Agreement. NOW, THEREFORE, be it and the same is hereby RESOLVED by the Mt. Prospect Park District and the Board of Park Commissioners thereof, as follows: 1. The Agreement shall be extended, on the same terms as set forth in the Agreement, for an additional forty (40) year term, to and including February 20,2047. 2. The President and Secretary are hereby authorized to execute and attest, respectively, the Extension of Easement Agreement in the form attached hereto and hereby made a part hereof, and to deliver same to the Village for its execution thereof. 3. This Resolution shall be effective upon adoption. VOTE: Ayes: 7 Nays: 0 Absent: o ADOPTED this 25th day of April, 2007. ~ /p sident oard of Park Commissioners Mt. Prospect Park District ATIEST: '- 2 STATE OF ILLINOIS SS. COUNTY OF COOK I, JOHN G. EILERING, DO HEREBY CERTIFY that I am the duly elected, qualified and acting Secretary of the Mt. Prospect Park District and of the Board of Park Commissioners of the Mt. Prospect Park District; and that I have access to and am custodian of the official Minutes of the Meetings of the Board of Park Commissioners and of the Mt. Prospect Park District. I DO FURTHER CERTIFY that the above and foregoing is a true and correct copy (duplicate) of a certain resolution entitled: RESOLUTION NO. 584 MT. PROSPECT PARK DISTRICT A RESOLUTION APPROVING A 40 YEAR EXTENSION OF EASEMENT AGREEMENT FOR A PART OF THE MT. PROSPECT GOLF COURSE That the foregoing was passed by the Board of Park Commissioners of said Mt. Prospect Park District on the 25th day of April, 2007, and was on the same day approved by the Secretary of the Mt. Prospect Park District of which the foregoing is a true copy (duplicate) and is now on file in the office of such Secretary GIVEN under my hand and seal of the Mt. Prospect Park District this 25th day of April, 2007. Secretary Mt. Prospect Park District Cook County, Illinois (SEAL) 3