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HomeMy WebLinkAboutRes 03-03 02/04/2003RESOLUTION NO. 3-03 A RESOLUTION AUTHORIZING THE EXCUTION OF AN EASEMENT AGREEMENT PURSUANT TO AN AGREED FINAL JUDGMENT ORDER PROVIDING FOR THE ACQUISITION OF PROPERTY WITHIN THE VILLAGE OF MOUNT PROSPECT DOWNTOWN REDEVELOPMENT AREA WHEREAS, the VILLAGE OF MOUNT PROSPECT, a home rule unit, pursuant to the authority of Article VII, Section 6 of the 1970 Constitution of the State of Illinois, is authorized to legislate with respect to matters pertaining to its government and affairs; and WHEREAS, the Mayor and Village Board of the VILLAGE OF MOUNT PROSPECT authorized the filing of an eminent domain proceeding to acquire title to the Property entitled Village of Mount Prospect v .First United Trust Company, Trust No. lO510, et aL, Case No. 99 L 50674 and entry of an Agreed Final Judgment Order filed in the Circuit Court of Cook County, Illinois; and WHEREAS, the Agreed Final Judgment Order provides that the Village grant an easement for access to and egress from the remaining parcel of the property acquired by the Village (the "Easement") and to make available and provide matching funds in an amount not to exceed $40,000 for a facade improvement grant (in accordance with the Village of Mount Prospect's Facade Rebate Program Guidelines) for the remaining parcel of property (the "Matching Grant Funds"); and WHEREAS, the Mayor and Village Board of the VILLAGE OF MOUNT PROSPECT have determined and declare that the granting of the Easement and the Matching Grant Funds require the exercise of powers and performance of functions ~ertaining to the government and affairs of the Village; and WHEREAS, the VILLAGE OF MOUNT PROSPECT is a municipality which exercises authority pursuant to the Tax Increment Allocation Redevelopment Act, Ch. 65 ILCS 5/11-74.1 et seq., as amended, (hereinafter referred to as the "Act") of the Illinois Municipal Code as set forth in the Illinois Compiled Statutes; and NOW, THEREFORE, BE IT RESOLVED by the Village Board of the VILLAGE OF MOUNT PROSPECT, Cook County, Illinois, in the exercise of its home rule powers, as follows: SECTION 1: That the recitals set forth herein above are incorporated herein by reference as the factual basis for this transaction. SECTION 2: That Mayor and Village Clerk be and are authorized to execute the Easement attached hereto and made a part hereof as Exhibit A pursuant to and in furtherance of the Agreed Final Judgment Order. SECTION 3: That the Village Manager be and is hereby authorized to make available and provide for the Matching Grant Funds in an amount not to exceed $40,000 for a facade improvement grant for the remaining parcel of property pursuant to and in furtherance of the Agreed Final Judgment Order. ECTION 4: That this Resolution shall be in full force and effect from and after its passage and approval according to law. AYES: Corcoran, Hoefert, Lohrstorfer, Skowron, Wilks, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 4th day of February, 2003 ATTEST: Deputy Village Clerk Mayor H:\G EN\files\Wl N\RES\YeOIdeTownlnn EasementResolution-013003.doc H:\GEN~files~ WIN\ RES\YeOldeTownIrmEasementResolution-013003.doc PREPARED BY AND WHEN RECORDED RETURN TO: Village of Mount Prospect c/o Ryan and Ryan 33 North Dearborn, Suite 402 Chicago, EL 60602 GRANT OF PERMANENT EASEMENT THIS GRANT OF PERMANENT EASEMENT ("Easement") is made and entered into as of this day February, 2003 ("Effective Date"), by the VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation ("Grantor') for the benefit of FIRST UNITED TRUST COMPANY, as Trustee under Trust Agreement dated June 23, 1989 and known as Trust No. 10510 ("Grantee"). RECITALS WHEREAS, Grantor is the owner of record of certain property and legally described on Exhibit A and depicted on Exhibit B attached hereto(" Easement Parcel"); and WHEREAS, Grantee is the owner of certain property commonly known as 18 West Busse, Mount Prospect, Illinois and legally described on Exhibit C attached hereto ("Grantee's Parcel''); and WHEREAS, the Grantor desires to grant a permanent easement over and across the Easement Parcel to Grantee for the benefit of Grantee's Parcel and for the express purposes as set forth below. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the execution and delivery of this Easement, the Grantor hereto, intending to be legally bound, hereby grants as follows: 1. RECITALS INCORPORATED BY REFERENCE. The aforestated recitals by this reference are incorporated and made part of this Easement. 2. GRANT OF PERMANENT EASEMENT. Subject to the terms of this Easement and to all matters and conditions of record, Grantor hereby grants, conveys and gives to Grantee, its successors and assigns, a non-exclusive permanent easement, in perpetuity, for the purpose of access for pedestrian and vehicular traffic, including but not limited to, access for Grantee's agents, employees, guests and invitees, over, upon and across the Easement Parcel to and from the adjacent public right of way as depicted on the cross hatched area on Exhibit B. 3. GRANTOR'S PROPERTY. Any and all construction, work, maintenance, repair or restoration of any nature whatsoever undertaken for the Easement Parcel and pavement located on or to be located on any part of the Easement Parcel shall be the Grantor's responsibility and shall be undertaken at Grantor's sole cost and expense. 4. GRANTOR'S RIGHT TO USE. Grantor, its successors, assigns, agents, employees, guests, invitees or tenants shall have the right to use the Easement Parcel for a municipal parking facility and in manner not inconsistent with the grant herein provided. 5. GRANTEE'S INDEMNIFICATION. Grantee agrees to indemnify and hold harmless Grantor, its SUccessors, assigns, from any and all claims, damages, liabilities, suits or actions arising from Grantee's or Grantee's agents, employees, guests and invitees use of the Easement Parcel. 6. COVENANTS RUN WITH LAND. All provisions of this Easement, including the benefits and burdens, shall run with the Easement Parcel and the land and are binding upon and inure to the benefit of all parties having or acquiring any right, title or interest in or to any portion of the Easement Parcel and their respective successors, grantees and assigns. IN WITNESS WHEREOF, the Grantor, by its duly authorized representative, has executed this Easement as of the date first written above. GRANTOR: Village of Mount Prospect STATE OF ILLINOIS ) )ss COUNTY OF COOK ) Attest: Clerk The foregoing instrument was signed and acknowledged before me this/~.l,l~ day of February, 2003 by~_.~-~t_l>L..~.t~&~l as President and ~,.'~,,~,~a.,a ~2~.~o ¢~ as Village Clerk for the Village of Mount'~Prospect, Illinois for and on behalf If said Village of Mount Prospect, Illinois for the purpose aforesaid and as authorized and approved by Village of Mount Prospect Resolution No. ~ -. ~ {Seal} Exhibit A- Exhibit B- Exhibit C - List of Exhibits Easement Parcel Easement Parcel Depiction Grantee Parcel at 18 West Busse Avenue, Mount Prospect, Illinois [To be attached by Grantor's Attorney] EXHIBIT A TAVERN FRO?ERTY ACCESS EASEMENT DESCRIPTION PART OF LOT 1 IN PROSPECT PLACE BEING A RESUBDIVISION OF PART OF THE WI~ST HALF OF THE NORTHWEST QUARTER OF SECTION 122 TOWNSHIP 4i NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL lVIBRIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 16, 1999 AS DOCUMENT Nr(JMBER 99780788, AND CORRECTED BY CERTIFICATE OF CORRECTION RECORDED FEBRUARY 24, 2000 AS DocLrMENT NU1VIBER 00155221, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1, THENCE NORTH 00 DEGREES 12 MINUTES 10 SECONDS WEST, ALONG THE EAST LINE OF LOT 1, SAID LINE ALSO BEING THE WESTERLY LINE OF ROUTE 83, A DISTANCE OF 27.33 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 90 DEGREES 00 MINI. ri'ES 00 SECONDS WEST 77.07 FF~T; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST 27.87 FEET TO THE SOUTH LINE OF LOT 1; TII~NCE SOUTH 89 DEGREES 35 MINUTES 57 SECONDS WEST, ALONG SAID SOUTH LINE, 50.00 FI~ET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SI~,COND$ WEST 52.08 FI~ET, THENCE NORTH 90 DEGREES 00 MINLrrEs 00 SECONDS EAST 106.99 FEET TO THE EAST LINE OF LOT 1; THENCE SOUTH 00 DEGREES 12 MINUTES 10 SECONDS EAST, ALONG SAID EAST LINE, 24.00 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. EXHIBIT B . ~ · SOUTH LINE OF LOT 1 / - /30. O0 0 80 40 TAVERN PROPERTY ACCESS EASEMENT EXHIBIT 3' EXHIBIT C YE OLD TOWN NN REMAINDER PARCEL LOT 4, IN MOUNT PROSPECT CENTRAL DISTRICT SUBDIVISION, BEING A SUBDIVISION OF PART OF THE WEST HALF OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED DECEMBER 23, 1949, AS DOCUMENT 1;)75902, EXCEPT THAT PART LYING NORTH OF THE WESTERLY EXTENSION OF THE SOUTHERLY MOST LINE OF LOT 2, IN SAID SUBDIVISION, IN COOK COUNTY, ILLINOIS, PREPARED November 18, 2002 SPACECO. INC. N:'~DGN~2,728~SURVE~TAK~.DOC