HomeMy WebLinkAboutRes 12-94 03/16/1994CAF/
3/11/94
RESOLUTION NO. 12-94
A RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT
AGREEMENT FOR PROPERTY LOCATED ON A PORTION
OF LOT 506 IN THE KENSINGTON CENTER FOR BUSINESS
WHEREAS, the Village of Mount Prospect has undertaken flood control projects
throughout the Village; and
WHEREAS, as part of the Thayer/Stevenson Storm Sewer Improvement Project, it
became necessary to obtain a permanent easement across property legally described as
follows and hereinafter referred to as Subject Property;
Being a part of Lot 506, Kensington Center, Resubdivision 26, in the
Northeast Quarter of Section 35, Township 42 North, Range 11, East of the
Third Principal Meridian, in Cook County, Illinois, and more particularly
described as follows:
Beginning at the intersection of the West right-of-way line of Stevenson
Lane and south line of said Lot 506; thence North 00 degrees 20' 04" East
a distance of 40.00 feet to a point; thence South 89 degrees 39' 56" West
a distance of 352.72 feet to a point in the East line of said Lot 506; thence
South 00 degrees 03' 55" East of the East line of Lot 506 a distance of
20.00 feet to a point; thence North 89 degrees 39' 56" West a distance of
286.86 feet to a point; thence South 00 degrees 20' 04" West a distance
20.00 feet the intersection of the East right-of-way line of Stevenson Lane
with the South line of Lot 506; thence North 89 degrees 30' 56" West on the
South line of Lot 506 a distance of 66.00 feet to the point of beginning,
containing 8,376 square feet, more or less, subject to easements and
rights-of-way of record; and
WHEREAS, it became necessary to obtain an easement under a portion of the Subject
Property; and
WHEREAS, the property owner of the Subject Property has agreed to grant an easement
to the Village for the Storm Sewer Improvement Project under a portion of the Subject
Property, the located of said easement is shown on the Plat of Easement, a copy of
which is attached hereto and hereby made a part hereof as Exhibit "A"; and
WHEREAS, the Village of Mount Prospect has agreed to compensate the property owner
in the amount of $2,000 for the permanent easement as specified herein.
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 for the Subject Property.
SECTION TWO: That the Village Clerk is hereby authorized and directed to record a
asement
Thayer/Stevenson
Page 2 of 2
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, Wilks
NAYS: None
ABSENT: Skowron
PASSED and APPROVED this 16th day of March ,1994.
Al-rEST:
Carol A. Fields
Village Clerk
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GPANT OF EASEMENT
VILLAGE OF MOUNT PROSPECT
DEPT-OI RECORDING $~6.00
COOK COUNTY, ILLINOIS T~7777 TRAN 068~ 05/11/9%
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COOK COUNTY RECOROER
THIS INDENTURE WITNESSETH: that the Grantor, the Estate of
James Campbell, for and in consideration of the sum of One
Dollars and other good and valuable consideration in hand paid by
the VILLAGE DP MOUNT PROSPECT, a municipal corporation of the
County of Cook and State of Illinois, hereby grants and conveys
to the VILLAGE OF MOUNT PROSPECT, a non-exclusive permanent
easement for the purpose of constructing, renewing and
maintaining public utility lines and appurtenances thereto, which
easement is legally described as:
I ]1
Being a part of Lot 506, Kensington Center,
Resubdivision 26, in the Northeast Quarter of
Section 35, Township 42 North, Range 11 East of
the Third Principal Meridian, in Cook County,
Illinois, and more particularly described as
follows:
Beginning at the intersection of the West right-
of-way line of Stevenson Lane and south line of L
said Lot 506; thence North 00e 20' 04" East a~---mamm
8istance of 40.00 feet to a point~ thence South
89e 39' 56" East a distance of 352.?2 feet to a
point in the East line of saiO Lot 506~ thence
South 00e 03' 55" East on the East li~e of Lot 506
a distance of 20.00 feet to a ~oint; thence North
89e 39' 56" West a distance of 286.86 feet to a
~oint~ thence South 00e 20' 04" West a distance
20.00 feet the intersection of the East right-of-
way line of Stevenson La~e with the South line of
Lot 506~ thence North 89e 39' 56" West on the
South line of Lot 506 a distance of 66.00 feet to
the ~oint of beginning, containing 8,376 square
feet, more or less, subject to easements and
rights of way of record.
which ~asement is depicted on Exhibit "A".
ALSO together with the temporary right 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 the
strip 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
to gain ingress and egress over and across the temporary easement
for the purpose of exercising the rights herein granted.
The easements granted herein are subject to the following
conditions:
1. The VILLAGE OF MOUNT PROSPECT, shall, after the utility
has been installed and placed in operation, and also after any
future maintenance of the utility, restore the premises to a
condition as good or better than existed before the construction
or maintenance.
2. The VILLAGE OF MOUNT PROSPECT shall indemnify and hold
harmless the Grantor against any claims of whatever kind or
nature that may be made against the Grantor on account of this
Grant of Easement.
3. This Grant of Easement shall not be deemed to be in
derogation of any existing covenants or easements recorded
against the servient estate.
THE PARTIES SPECIFICALLY AGREE that the Grantor(s), its
(their) successor(s) 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 no structure will be erected
ver, upon, or under the permanent easement 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) hereunder set
his (their) hand(s) and seal(s) this I~ day of V%~~
Title: MARK F~ICUER Title:~ ~ v~
/m~etMa~ger ROBERT R. FITZHUGH II!
Director, Mainland Properties/East
STATE OF '~l\\\~(Q )
) SS.
COUNTY OF 6oof-- )
I, ~l/~ ~- ~ , a Notary Public in and for
the said County in the State aforesaid, do hereby certify that
~ ~ c~'- and
personally known to me to be the same persons ~hose 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 and purposes therein set forth.
Given under my hand and Notarial Seal this ~ day
My Commission expires:
t
ACCEPTED: VILLAGE OF MOUNT PROSPECT
COOK COUNTY, ILLINOIS
A MUNICIPAL CORPORATION
ATTEST:
Village Clerk
STATE OF ILLINOIS )
) ss.
COUNTY OF COOK )
I, the undersigned, a Notary Public in and fgr the said. County in
the State aforesaid, do hereby_ certify that ~'i%~
~ ~ ~ ~ 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 and purposes therein set forth.
Given under my hand and Notarial Seal this ~ day
of ~ , 1994.
~y Co~ission expires:
Notary Public ~ ~