HomeMy WebLinkAboutRes 15-94 04/05/1994 AF/
3/28/94
RESOLUTION NO. 15-94
a RESOLUTION AUTHORIZING EXECUTION OF AN
EASEMENT AGREEMENT FOR PROPERTY GENERALLY
LOCATED AT 1700 WEST LINCOLN STREET
WHEREAS, the Village of Mount Prospect has undertaken flood control projects
throughout the Village; and
WHEREAS, as part of the Hatlen Heights Flood Control Project, it became apparent that
there was a conflict between the location of sanitary sewer lines belonging to the
Metropolitan Water Reclamation Distdct and the proposed location of flood control lines
of the Village in the general vicinity of Busse Road and Lincoln Street; and
WHEREAS, as a result of the Village's redesign of the Hatlen Heights Flood Project in
the vicinity of Busse Road and Lincoln Street, it became necessary to obtain an
easement under a portion of the private property located at 1700 West Lincoln Street; and
WHEREAS, the property owner of the property located at 1700 West Lincoln Street has
agreed to grant an easement to the Village for the purpose of auguring under a portion
of this pdvate property in order to lay flood control lines, a copy of the easement location
is attached hereto and hereby made a part hereof as Exhibit "A".
NOW, THEREFORE, IT BE RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS
SECTION ONE: That the Mayor and Board of Trustees of the Village of Mount Prospect
do hereby authorize entering into an Easement Agreement under property located at 1700
West Lincoln Street, a copy of said Easement Agreement is attached hereto and hereby
made a part hereof as Exhibit "A".
SECTION TWO: That the Village Clerk is hereby authorized and directed to record a
copy of the Easement Agreement being the subject of this Resolution with the Cook
County Recorder of Deeds.
SECTION THREE: That this Resolution shall be in full force and effect from and after its
passage and approval in the manner provided by law.
AYES: Clowes, Corcoran, Hendricks, Hoefert, Skowron, Wilks
NAYS: None
ABSENT: None
PASSED and APPROVED this 5th day of April ,1994.
"Gerald L. F'adeY, Mayor//
ATTEST: ./~ ~ /
Carol A. Fields, Village Clerk
AU WM."O F RTVillage of Mount Proepect
VILLAGE MANAGER 100 South Emerson Street Mount Prospect, Illinois 60056
MICHAEL E. JANONIS
CAROL A F~ELOS Phone: 708 / 392-6000
Fax: 708 / 392-6022
TDD: 708 / 392-6064
March 31, 1994
Henry and Paulette Kedzierski
1700 West Lincoln
Mount Prospect, Illinois 60056
Re: Easement
Dear Mr. and Mrs. Kedzierski:
"he attached check #74423 for $10,000.00 constitutes the full consideration paid for the
,Jrant of Easement to the Village of Mount Prospect for the purpose of installing a flood
relief sewer.
Thank you for your cooperation.
Village Manager
MEJ/rcc
GRANT OF EASEMENT
D*., ! '~,.',. ,'~:. '.., .~: 'J'.' ~i,0.*'
T.~ L~,:.~ , :h ' . ~': ~, ~',:1/9~* '~,39~0~:
VILLAGE OF MOUNT PROSPEOT ': '~ .... '~ ** ~'* ' ~ ~*~ *
COOK COUNt, ILUNOIS
THIS INDENTURE WITNESSETH: That the Grantor(s), Henry Kedzierski and
Paulette Kedzierski, for and in consideration of the sum of One Dollar ($1.00) and other
good and valuable considerations in hand paid by the VILLAGE OF MOUNT PROSPECT,
a Municipal Corporation of the County of Cook and State of Illinois, hereby grants and
conveys to the said VILLAGE OF MOUNT PROSPECT; a permanent easement for the
purpose of constructing, renewing, and maintaining a public sewer line and
appurtenances thereto, along, through, across, over, and under a strip of land described
as follows:
THE SOUTH 10.0 FEET OF LOT 55 IN HATLEN HEIGHTS UNIT
NO. 4, BEING A SUBDIVISION OF PART OF THE SOUTHWEST
QUARTER OF SECTION 10, TOWNSHIP 41, NORTH, RANGE 11
EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED OCTOBER 17, 1956, AS
TORRENS DOCUMENT NO. 1702082 ALL IN COOK COUNTY,
ILLINOIS.
PIN ~: 08-10-212-029
as shown on the attached plat, marked "Exhibit A," and made a part hereof.
Also, together with the right temporarily to use from time to time as reasonably required,
during the period of Construction, so much of the surface of the real estate immediately
abutting said stdp of land as a "temporary construction easement" for depositing the earth
removed in excavating, and for placing and using construction and maintenance
equipment and materials, and in the further right of ingress and egress over and across
said temporary easement for the purpose of exercising the rights herein granted. The
limits of said temporary construction easement being the south 15.0 feet of the west 40.0
feet of Lot 55 aforesaid.
iRETURN TO:
BOX 37,~
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he Village of Mount Prospect specifically agrees, as a material inducement to the
Grantors, after the installation, placement into operation, or any future maintenance of
said sewer line, to promptly fill in, level and restore the premises to a condition equally
as good or better than existed before said construction or maintenance, including the
removal and satisfactory disposal of any brush or debds resulting from such construction
and maintenance, and deposited on said real estate. The Village of Mount Prospect
further agrees that any access to said sewer system shall be at least twelve inches below
grade level.
The Village of Mount Prospect agrees to save and hold harmless the Grantors, except
for acts or omissions of Grantors, or their successors and assigns; for any and all
expenses, costs, and damages arising from, or as a result of, any action at law or suit of
any kind that may be brought against them by any person or persons on account of
grating or giving to the Village the exclusive privileges or rights herein before mentioned,
and from any and all damages, costs and expenses on account of any acts or omissions
of any employees or agent of the Village of Mount Prospect.
THE PARTIES SPECIFICALLY AGREE that the Grantor(s), its (their) successors and
assign(s), shall have the absolute right to use the aforesaid premises for any purpose
permitted by the Ordinances of the VILLAGE OF MOUNT PROSPECT, in which the strip
of land is located, provided however that no structure will be erected over, upon, or under
the permanent easement (or temporary construction easement during the construction
period) herein granted, nor will any use be made which will interfere with the proper use
of said permanent easement.
IN WITNESS WHEREOF, the Grantor(s) has (have) hereunto set his (her) (their) hand(s)
and seal(s) this ~--5-~__~ day of ~A.D., 199_.~.
Henry Kedzierski - Paulette Ke~zi~rski~
STATE OF ILLINOIS )
) s.s.
COUNTY OF COOK )
I, ~'~ GO ¢-- ~. ~'l ~='"~- ~"~ ~, , a Notary Public in and for the said County in the
aforeAaid State, _do....herebycertifythat ~-~-~ R',/ ~ ~"~ "7- I L----~ k: I
and ~:~uJ-E'FT6 )K'~--~;ZI~-/~5'~I , Personally known'to me to be the same persons
whose names are subscribed to the foregoing instrument, appeared before me this day
in person, and acknowledged that they executed and delivered the said instrument as
their own free and voluntary acts and deeds for the uses an purposes therein set forth.
Given under my hand and Notarial Seal this ,~,~;~-day of ~. AD, 199/~.
My Corm mission expires: ¢ /t::)/7/~' ~l
Notary Public ~
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ACCEPTED: VILLAGE OF MOUNT PROSPECT
_ COOK COUNTY, ILLINOIS
,~ ,,/~Y .,, .-, AM~qlC~AL CORPORATION
VILLAGE PRESIDEN~
VILLAGE CLERK
I, '~;Z.-'TA ~,.~. ~__ L-, k.~;~ , a Notary Public in and for the said County in the
afore~saidState, doherebycertifythat ~-I-~AL--b ~-- ,~r~L-~
and (,_~ ~,?,,OL_ I~. ~ ~'~-L.~S , personally known to me to b~ the same persons
whose names are subscribed to the foregoing instrument, appeared before me this day
in person, and acknowledged that they executed and delivered the said instrument as
their own free and voluntary acts and deeds for the uses an purposes therein set forth.
Given under my hand and Notarial Seal this'~-H~ day :'.~f~'-'~?¥,... AD 199..~., ~
My Commission expires: ~i - 1'5~c~ G' ~'~
Notary Public
3 of 5
RIDER TO GRANT OF EASEMENT
1.) A. The Village of Mount Prospect additionally agrees to restore within a reasonable period of
time premises in its entirety, including but not limited to the land and the home including
the structural interior of the home, structural exterior of the home, garage, sidewalks, and
driveway located on said property (Lot 55) to a condition equally good or better than
existed before said construction or maintenance. This includes any damage to the
structure sustained during construction or at any future time thereafter, as a result of any
settlement, shifting, repairs, leakage or any other reason associated with the construction
of the sewer system or the sewer system itself. The structural interior and exterior oftbe
home is defined as any tangible component of the home (walls, floors, roof, ceilings,
foundation, fixtures ..... etc.).
B. A video tape will be maintained by the homeowner and the Village of Mount Prospect to
document the interior and exterior condition of the home prior to construction of the sewer
system.
C. Should a dispute arise regarding the cause of the damage, a mutually acceptable structural
engineer's review and determination will be obtained. The structural engineer's
determination will be binding to resolve the dispute. The cost of the initial structural
engineer's review will be berne by the Village of Mount Prospect. Either the homeowner
or the Village of Mount Prospect is entitled to a second opinion by another structural
engineer. Should the second opinion differ from the initial opinion, a third opinion will be
obtained and will be conclusively final and binding. The third engineer will be mutually
selected by the homeowner and the Village. In all cases, the structural engineer must be
reputable, and licensed in the State of Illinois. The cost of the initial and final structural
engineers' reviews (if necessary) will be berne by the Village of Mount Prospect. However,
if the determination reveals that the construction of the sewer system or the sewer system
itself was not the cause of damage, the homeowner shall reimburse the Village for the cost
of the engineers' review(s). The cost of the second opinion will be bome by the party
requesting the second opinion.
2.) A. Since the trees on the prOpen'y are full grown, it would be impossible for restoration should
the trees dies as a result oftbe sewer system. Therefore, the Village of Mount Prospect
agrees to reimburse the homeowner for the death of any tree resulting from the sewer
system during construction or at any time thereafter. The Village also agrees to bear the
costs associated with tree removal.
B. Should a dispute arise regarding the value of a tree, or the cause of death, a mutually
acceptable arborist's review and determination will be obtained. The arborist's
determination will be binding to resolve the dispute. Either the homeowner or the Village
of Mount Prospect is entitled to a second opinion by another arborist. Should the second
opinion differ from the initial opinion, a third opinion will be obtained and will be
conclusively final and binding. The third arborist will be mutually selected by the
homeowner and the Village. In all Cases, the arborist must be reputable and licensed in
the State of Illinois. The cost of the initial and final arborist's reviews, if necessary, will be
bome by the Village of Mount Prospect. However, if the determination reveals that the
construction of the sewer system or the sewer system itself was not the cause of tree
death, the homeowner shall reimburse.the Village for th® cost of the arborists' review(s).
The cost of the second opinion will be borne by the party requesting the second opinion.
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C. In no instance, shall the Village's liability under subparagraphs 2(A) and 2(B) exceed
$2,500.00 for tree reimbursement and $1,000.00 for tree removal.
3.) Should any damage occur as detined above, only reputable, licensed and bonded contractors shall
be engaged to perform necessary repairs. The contractors must be mutually acceptable to the
Village and the homeowner, following receipt of bid and reference checks. The selection of a
contractor will not necessarily be limited to the lowest bid.
4.) In case of major damage as detined above, should the residence be deemed uninhabitable as a
result of Village activities, the Village will bear the cost of living expenses limited to lodging at a
mutually acceptable domicile with necessary living amenities to the extent that the homeowners'
insurance does not cover same.
5.) Upon sale of the property; rights, terms, and conditions of this Agreement will pass on to the new
homeowners.
VILLAGE OF MOUNT PROSPECT
~/~edzierski (Homeowner)
Paulette Kedzierski ~Homeow~/~r~
This document prepared by Henry and Paulette Kedziersld
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EXHIBIT A
,~d-IOWlt~ A I0 F00~ PEI~M~NT EASEMENT IN pART OF
OF HATLEN H~IGHT$ UNIT NO. 4.1tEING A SUBDIV;SION~OF PART~
OF THE NORTHEAST I/4 OF SECT, ION 'lO. TOWNSHIP 41 i~IORTH,
R~NGE II EAST 0F TH~ THIRD PRINCIPAL MERIDIAN, iN COOK
COUNTY ILLINOIS.
su, T~ ~oo =AST :~.¢