Loading...
HomeMy WebLinkAboutRes 28-85 05/21/1985 RESOLUTION NO. 28-85 A RESOLUTION APPROVING AND ACC~PTING AN EASEMENT FOR STORM SEWER PURPOSES WITHIN THE KENSINGTON CENTER FOR BUSINESS WHEREAS, OpUS Corporation is developing an industrial park commonly known as Kensington Center =or Business; and WHEREAS, Opus Corporation is i.n the process of developing Lot 401 and Lot 30l-B and has undertaken the project of installing an underground storm sewer in and under said Lots 401 and 30l-B¡ and WHEREAS, in order to proceed with the installation of said storm sewer system it is necessary to obtain an easement in and under the subject property for the purpose of installing, constructing, reconstructing, operating, repairing, maintaining, renewing, and to remove or replace said storm sewer; and WHEREAS, the non-exclusive easement document has been executed by the parties within the Kensington Center for Business and the Village of Mount Prospect does deem it to be in the best interests of the Village to accept said easement as specified herein. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor and the Village Clerk are hereby authorized and directed to execute the easement agreement on behalf of the Village of Mount Prospect and to take all further steps necessary to record the Agreement with the Recorder of Deeds of Cook County, Illinois. SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: 6 NAYS: 0 ABSENT: 0 PASSED and APPROVED this 21stday of May , 1985. LJI~ Village Clerk ~~~ Mayo )! J!~tL-( , '-. J I' ~ ' ;, EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (this "Agreement") is made day of , 1985, by and among OPUS CORPORATION, the a Minnesota corporation, authorized to transact business in the State of Illinois as Opus Designers, Builders, Developers, Inc. ("Opus"), AMERICAN CYANAMID COMPANY, a Maine corporation ("Cyanamid" ) (Opus and Cyanamid are referred to hereinafter collecti vely as the "Grantors"), and the VILLAGE OF MOUNT PROS- PECT, an Illinois municipal corporation (the "Grantee"). WIT N E SSE T H WHEREAS, Opus is the owner of certain real estate in Cook County, Illinois, ("Lot 401") described as follows: Lot 401 in Kensington Center - Resubdivision Fourteen, in part of the North Half of Section 35, Township 42 North, Range 11 East of the Third Principal Meridian, as shown on the plat thereof recorded August 7, 1984, as Document 27204265 and also filed in the Office of the Registrar of Titles as L.R. 3386983, all in Cook County, Illinois; WHEREAS, Cyanamid is the Owner of certain real estate in Cook County, Illinois, ("Lot 301--B") described as follows: Lot 301-B in Kensington Center - Resubdivision Fourteen in part of the North Half of Section 35, Township 42 North, Range 11 East of the Third Principal Meridian, as shown on the plat thereof recorded August 7, 1984, as Document 27204265 and also filed in Office of the Registrar of Titles as L.R. 3386983, all ln Cook County, Illinois; WHEREAS, Grantors intend that Opus shall install and construct an underground storm sewer in and under certain por- tions of Lot 401 and Lot 30l-B; WHEREAS, Grantors, subject to the matters set forth herein, desire to grant to Grantee a nonexclusive easement to reconstruct, operate, repair, maintain, renew, remove and replace said underground storm sewer ln, upon, under, along and across ': ~ ~ "-- certain portions of Lot 401 and Lot 30l-B (the "Easement Parcel") described as follows and shown in the drawing attached hereto as Exhibit A: e A strip of land, 10 feet in width, being 5 feet each side of the center line of said strip, said strip being bounded on North by the North line of said Lot 30l-B and on the South by the East line of said Lot 30l-B, said center line running Southeasterly from a point on the North line of said Lot 301-B which is 20 feet West of the Northeast corner of said Lot to a point in the East line of said Lot which is 38 feet South of the Northeast corner of said Loti Also: The West 10 feet of the North 658 feet (except the North 30 feet thereof) of said Lot 401 together with a strip of land 10 feet in width, being 5 feet each side of the center line of said strip, said strip being boun'ded on the West by the East line of the West 10 feet of said Lot and bounded on the East by the Southeasterly line of said Lot 401, said center line running East from a point on the West Line of said Lot which is 47.20 feet North of the Southwest corner of said Lot to a point in the Southeasterly line of said Lot which is an arc distance of 160.68 feet (as measured on the Southeasterly line of said Lot) Northeasterly of the Southwest corner of said Lot 401; WHEREAS, the Grantee desires to accept the grant of an easement from Grantors to reconstruct, operate, repair, maintain, renew, and storm sewer in and replace said underground remove under the Easement Parcel; NOW, THEREFORE, for Ten Dollars ($10.00) and other good and valuable consideration paid by Grantee to Grantors, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. of Grant Easement. do Grantors hereby give and grant to the Grantee, a nonexclusive perpetual easement to recon- struct, operate, repair, maintain, renew, remove and replace said underground storm sewer in and under the Easement Parcel. 2. Nonexclusive. The acknowledges Grantee that its rights and to the Easement Parcel under this Agreement are ln nonexclusive and subject the rights to of other parties, are - 2 - ., ". , . -. .. '. - ' . , " including the right of Northern Illinois Gas Co. in and to the Easement Parcel, and the Grantors may grant oth~r rights in the Easement Parcel. Notwi thstanding the nonexcl usi ve nature of the easement granted herein, Grantors agree that no other utility use may be made of the underground easement area encumbered by the easement granted wri tten approval by herein without the prior, the Grantee of the proposed use and construction related thereto, which consent shall not be unreasonably withheld or delayed. The easement rights granted herein are located in and restricted to the below the surface of the ground, and this area Agreement grants no rights to use, occupy, or alter any area of the ground surface of the Easement Parcel except reasonably and as temporarily necessary to afford access to the storm sewer line. The Grantors the Easement Parcel for may use any purpose, including paved roadways and parking which do areas, not unreasonably interfere with the uses permitted hereunder. 3. Public agrees Improvement. Opus that the storm sewer shall be according to installed in a workmanlike manner, approved, sound engineering practices. The Grantee agrees that the shall be repaired, maintained, renewed, storm sewer removed and replaced by the Grantee public improvement of the as a Village of Mount Prospect. The Grantee shall keep the storm sewer in good order and repair, and in clean and healthful condition. 4. Prior Notice. Except as required in an emergency, the shall Grantee give the notice Grantors of its intent to perform activities at the Easement Parcel at least twenty-four (24) hours prior the per f ormanc e of to such acti vi ties, and a representative of the Grantors shall be permi tted to accompany the Grantee's representatives at any time the Grantee I s repre- sentatives are conducting activities at the Easement Parcel. - 3 - . '" , " . . "- ',' . ., ". . '.. \~." 5. Duration. The duration of this Agreement and the rights granted herein shall be perpetual, provided, however, that the easement granted herein may be terminated, at the option of the Grantors, if the Grantee fails to perform its obligations hereunder, and such failure continues for more than thirty ( 30) days after notice of such failure is given to the Grantee. Not- withstanding the foregoing right to terminate, such remedy shall not constitute the Grantors' sole remedy hereunder, and the Grantors shall be entitled to any other remedy, including injunc- tive relief, available at law or equity by reason of Grantee's default hereunder. Engineering Drawing. Opus shall furnish to Grant- 6. ee an engineering drawing accurately showing the installed loca- tion of the underground storm sewer. 7. Notices. Any notices to be glven under this Agreement shall be in writing, and shall be delivered personally, or mailed by certified mail,. return receipt requested. Notices shall be addressed as follows: If to the Grantors~ Opus Corporation 800 Opus Center 9900 Bren Road East Minneapolis, MN 55343 Attn: Law Department American Cyanamid Company One Cyanamid Plaza Wayne, New Jersey 07470 If to the Grantee: Village of Mount Prospect 100 South Emerson Mount Prospect, IL 60056 Notices shall be deemed given when received, if deliv- ered personally, or when mailed, if mailed as described herein. A party may change the address for notices to it by a notice given as described herein. - 4 - '.', .. .. r'\ 8. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. OPUS CORPORATION, authorized to transact business in Illinois as Opus Designers, Builders, Developers, Inc. ' By: Its: Attest: By: Its: AMERICAN CYANAMID COMPANY By: Its: Attest: By: Its: THE VILLAGE OF MOUNT PROSPECT By: ~1,.-c /I ~ Its: /I/JJ-7ÎrJ-tç jJj(£S;Dt=/Ji Attest: jJ ;/; , By : _~Æ2/Hrê y, ß~:v (] J.. £' ¡( t<. Its: {/1.LL;ftfE - 5 - " n STATE OF ) ) SS ) COUNTY OF I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that , personally known to me to be the of Opus Corporation, a Minnesota corporation, and , personally known to me to be the Secretary of said corporation, and per- sonally known to me to be the same persons whose names are sub- scribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such and Secretary, they signed and delivered the said instrument as and Secretary of said corporation, and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority given by the Board of Directors of said corporation, as their free and voluntary act, and as the free and voluntary act and deed of said corporation for the uses and purposes therein set forth. day of Given under my hand and notarial seal, this , 1985. Notary Public My Commission Expires: 'r . " " ) ) SS ) STATE OF COUNTY OF I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY CERTIFY that , personally known to me to be the of American Cyanamid ,Company, a Maine corpora- tion, and , personally known to me to be the Secretary of said corporation, and personally known to me to be the same persons whose names are subscribed to the fore- going instrument, appeared before me this day in person and severally acknowledged that as such and Secre- tary, they signed and delivered the said instrument as and Secretary of said corporation, and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority given by the Board of Directors of said corporation, as their free and voluntary act, and as the free and voluntary act and deed of said corporation for the uses and purposes there- in set forth. day of Given under my hand and notarial seal, this , 1985. Notary Public My Commission Expires: '> " , . '.' n . . STATE OF ILLINOIS ) ) SS ) COUNTY OF COO K I, , the undersigned, a notary public in and for the County and State aforesaid, do hereby certify that personally known to me to be the of the Village of Mount Prospect, a muni- cipal corporation, and , personally known to me to be the of said municipal corporation, and 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 severally acknowledged as said and they executed said instrument as and of said Village of Mount Prospect and caused the corporate seal of said Village of Mount Prospect to be affixed thereon, pursuant to the authority given by the Board of Trustees of said Village of Mount Prospect as their free and voluntary act and as the free and voluntary act of said village for the uses and purposes therein set forth. day of Given under my hand and notarial seal this , 1985. Notary Public My Commission Expires: .~, }~~ . ' . , - -. '"" . v EXHIBIT A Sewlce Suevel/IJlfI & Gnplnee/:/H9 eðmpaNJI 103 N. EMERSON ST. (P.O. BOX 431) . MT. PROSPECT,IL . 60056 . 312/577-7340 N. (.I"'~ o~ lOT 30(-13 -- 4c;.5_5~' Cl!NTI!Rl.INt! OF 10' k)IOf: SrI¿ tP Road. , 5ecT/on 3$ - 42.-1/:1 20 . ",.'.Cor.laT 3ól-ð N. '-I¡..II!! 01" 4/$.0' - .0 \(\ .0 10 L K.e~~¿1't N. ¿", ~ oR . 10 ..... '- I N ~ I 'l\ c() Cf\ I V ..... 0 0 ~ (('Iò-- LOT \r\ '- "t 30/-ð -t,¡. ..0 <... ./ 00 ~--.)~ 0 0 ....J te( tI ~ <A.. 0 0 Cr::P .(: .... tOr"- A-1. (, f:7 ~ 41 t, c t' ~ .... ~i.r"~ 11.0 -....J '.... ~ -....J ¡Lß (\ . 1. 1(\ ' 1)0c. 4J ' ~ 'V ~ te~r'-' fOV( ~ eøq6 '01"- ",~f> . I!:. t.. .~ . . H. -,I (2. . ¿LV (,. LJÞ 1ZB? ¡t{. LOT 401 éJ. -w. 4. -- 353.02' S. ('Nt! OF l.oT 30/-8 c8 8u/sne-ss Cell!; r - 7/.17'- Cl!HTlYIl '-/I'.¡l! kJlO ~. '5TRt P '0 Q -- - -- .. EXHlð/T - 5. l.IN~ o~ THE. 1/. <:;58' o~ LoT 401 éA5~/v1ENT ¡::'O~ 5roRM 5~w~R. If~~~"~~- ......,.. ~~." ,~,_"".4", --"'W"",,"' ~ ~ -_._,"""""-~~"""""""'-