HomeMy WebLinkAboutOrd 6031 09/18/2012 Vacating Kenneth DriveThe Cover Sheet was prepared,
under direction, by:
Linda Streem, Sr. Paralegal
Klein Thorpe and Jenkins, Ltd.
20 North Wacker Drive
Suite 1660
Chicago, IL 60606
(2881 -062 Is)
Doe#e 1233329084 Fee: $142,00
Eugene Gene' Moore
Cook County Recorder of Deeds
Date: 11/28/2012 12:00 pM p 0
for Recorder's
COOK COUNTY, ILLINOIS
RECORDING COVER SHEET
FOR
CERTIFIED COPY OF ORDINANCE NO. 6031 ENTITLED "AN ORDINANCE VACATING KENNETH
DRIVE, MOUNT PROSPECT, ILLINOIS"
After recording return to:
RECORDER'S BOX 324
297497_1
MAYOR
Mount Prospea VILLAGE MANAGER
Irvana K. Wilks
Michael E. Janonis
TRUSTEES
VILLAGE CLERK
Paul Wm. Hoefert
M. Lisa Angell
Arlene A. Juracek
A. John Korn
Phone: 847/392 -6000
John J. Matuszak
Fax: 847/392 -6022
Steven S. Polit
TDD: 847/392 -6064
Michael A. Zadel
www.mou nirorosnect.or2
Village of Mount Prospect
50 South Emerson Street, Mount Prospect, Illinois 60056
STATE OF ILLINOIS
COUNTY OF COOK
SS
I, M. Lisa Angell, do hereby certify that I am the duly appointed Village Clerk of the Village of
Mount Prospect and as such, am keeper of the records and files of said Village.
I do further certify that attached is a true and correct copy of Ordinance No. 6031 entitled "AN
ORDINANCE VACATING KENNETH DRIVE, MOUNT PROSPECT, ILLINOIS" passed at the
regular meeting of the President and Board of Trustees held September 18, 2012, at which time
the Village Board voted as follows:
AYES: Hoefert, Juracek, Korn, Matuszak, Polit
NAYS: None
ABSENT:. Zadel
all as appears in the official records and files in my care and custody.
Dated this 20 day of November, 2012
M. isa Angell
Village Clerk
Village of Mount Prospect
Cook County, Illinois
ORDINANCE NO. 6031
AN ORDINANCE VACATING KENNETH DRIVE
MOUNT PROSPECT, ILLINOIS
Passed and approved
by the President and Board of Trustees
the 18 day of September, 2012
Published in pamphlet form
by authority of the corporate authorities
of the Village of Mount Prospect, Illinois,
the 19 day of September, 2012.
ORDINANCE NO. 6031
AN ORDINANCE VACATING KENNETH DRIVE
MOUNT PROSPECT, ILLINOIS
BE IT ORDAINED by the President and Board of Trustees of the Village of
Mount Prospect, Cook County, Illinois, as follows:
SECTION 1: It is hereby determined that the public interest will be served by
vacating upon annexation to the Village of Mount Prospect, Kenneth Drive as legally
described and shown on the plat attached as Exhibit A and designated "hereby
vacated," be and the same is vacated, subject to the conditions listed in Section 2
below.
SECTION 2: This Ordinance shall be subject to the following:
Owner shall execute an easement, in form reasonably acceptable to Owner (1)
allowing access to all parcels who are currently adjacent and have driveway access to
the Kenneth Drive right -of -way to the private roadway located in the former Kenneth
Drive right -of -way subject to the right of the Owner to seek on -going payment from the
owners of such parcels of a pro rata share of the cost of maintenance, repair and
replacement of such roadway to the extent permitted by law; (2) reservation of utility
easements for any pre- existing public utilities located in Kenneth Drive.
SECTION 3: Pursuant to 65 ILCS 5/11 -91 -1, the following parcel shall acquire
title to Vacated Kenneth Drive: PIN No. 08 -23- 101 - 055 -0000.
SECTION 4: Upon receipt of the easement set forth in Section 2 above, the
Village Clerk is hereby directed to record a certified copy of this Ordinance, along with
the original plat of vacation, with the Cook County Recorder of Deeds.
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SECTION 5: In the event that the easement provided for in Section 1 above is
not executed by the Parties within sixty (60) days of the effective date of this Ordinance
or if the Annexation described in Section 1 is not perfected, this Ordinance shall be null
and void and of no further effect.
SECTION 6: This Ordinance shall be in full force and effect from and after its
passage and approval as provided by law.
AYES:
Hoefert, Juracek, Korn, Matuszak, Polit
NAYS:
None
ABSENT:
Zadel
APPROVED this 18 day of September, 2012.
ATTEST:
M. isa Angell
Village Clerk
Irvana Wilks
Mayor
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THIS DOCUMENT WAS
PREPARED BY AND MAIL
RECORDED DOCUMENT TO:
Everette M. Hill, Jr., Esq.
Klein, Thorpe and Jenkins, Ltd.
20 S. Wacker Drive
Chicago, Illinois 60602
PERMANENT GRANT OF EASEMENT
FOR INGRESS AND EGRESS AND PUBLIC UTILITIES
This PERMANENT GRANT OF EASEMENT FOR PUBLIC INGRESS AND EGRESS AND PUBLIC
UTILITIES purposes is made this ��ay of 2012, by and between ARC DISPOSAL
COMPANY, INC., 2101 S. Busse Avenue, Mount Prospect, Illinois and E &P INVESTMENT
CORPORATION, c/o Republic Services, Inc., 18500 N. Allied Way, Phoenix, AZ 85054 ( "Grantor ") and the
VILLAGE OF MOUNT PROSPECT, 50 S. Emerson Street, Mount Prospect, Illinois 60056 ( "Grantee ").
The following recitals of fact are a material part of this instrument:
WHEREAS, the Grantor is the owner of the tract of land and legally described as follows (the
"Grantor's Premises "):
Parcel 1— 3125 South Busse Road
P.I.N. 08 -23- 300 - 006 -0000
The North 3 acres of that part of the Southwest '' of Section 23, Township 41 North, Range 11,
East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of
said Southwest '' of Section 23; thence South 12.50 chains, thence East 30 chains to the East line
of the West ''Y2 of the Southwest '' of Section 23, thence North 12.50 chains to the North line of
quarter section; thence West to the place of beginning (except Busse Road), in Cook County,
Illinois.
Parcel 2 - 2105 South Busse Road
P.I.N. 08 -23- 300 - 007 -0000
The South 4 acres of the North 7 acres of that part of the Southwest '' of Section 23, Township 41
North, Range 11, East of the Third Principal Meridian, bounded by the following described line;
commencing at the Northwest corner of said South west '' of Section 23; thence South 12.50
294912_2
chains, thence East 20 chains to the East line of the West'' /2 of the Southwest % of Section 23,
thence North 12.50 chains to the North line of said quarter section; thence West to the place of
beginning (except Busse Road), in Cook County, Illinois.
Parcel 3 — 2101 South Busse Road
P.I.N. 08 -23- 101- 055 -0000
The West 1134.83 feet, as measured on the North and South lines thereof, of the South 164.68
feet, as measured on the East and West lines thereof, of the West' /2 of the Northwest'' /4 of Section
23, Township 41 North, Range 11, East of the Third Principal Meridian, excepting therefrom all that
part thereof heretofore used, taken or dedicated for Public Roads and Streets, in Cook County,
Illinois.
Parcel 4 - 2069 South Busse Road
P.I.N. 08 -23- 101- 062 -0000
The West 662.08 feet (except the east 90 feet thereof) of the North 10 acres of the South 15 acres
of the West'' /2 of the Northwest'' /4 of Section 23, Township 41 North, Range 11 East of the Third
Principal Meridian (except that part thereof dedicated for Kenneth Drive per document recorded
September 5, 1969 as document 10950179 and except that part falling in Busse Road) in Cook
County, Illinois.
Parcel 5 -1921 South Busse Road
P.I.N. 08 -23- 101- 020 -0000
Those parts of the North 164.73 feet of the South 650.85 feet (except the North 102.92 feet of the
West 261.85 feet of the East 734.96 feet thereof) of the West half of the Northwest quarter of
Section 23, and the North 45.91 feet of the South 704.74 feet (except the East 734.96 feet thereof)
of the West 'h of the Northwest quarter of Section 23, all in Township 41 North, Range 11, East of
the Third Principal Meridian, in Cook County, Illinois, described as follows: Commencing at a point
on the West line of said Section 23, 540.39 feet North of the South line of the Northwest quarter a
distance of 250.0 feet; thence North parallel with the West line of said Section 23, a distance of
125.0 feet; thence West parallel with the said South line of said Northwest Quarter of said Section
23, a distance of 125.0 feet; thence West parallel with the said South line of said Northwest
Quarter of said Section 23, a distance of 250.0 feet more or less to a point on the West line of said
Section 23; thence South a distance of 125.0 feet more or less to the point of beginning (except
that part taken and used for Busse Road) in Cook County, Illinois.
; and
WHEREAS, the owners of the properties at the following common addresses and Permanent Index
Numbers, adjacent to Grantor's Premises, described as follows will benefit from this Grant of Easement
(the "Benefitted Premises "):
08 -23- 101 -061 505 W. Kenneth Drive
08 -23- 101 -058 505 W. Kenneth Drive
08 -23- 101 -059 505 W. Kenneth Drive
294912_2
08 -23- 101 -060
505 W. Kenneth Drive
08 -23- 101 -052
1660 W. Kenneth Drive
08 -23- 101 -051
1660 W. Kenneth Drive
08 -23- 101 -057
302 W. Kenneth Drive
08 -23- 101 -056
302 W. Kenneth Drive
; and
WHEREAS, the Grantor wishes to grant to the Grantee and the Grantee wishes to receive an
easement over, under, upon, through and across the Grantor's Premises (formerly known as Kenneth Drive
running east from Busse Road into a cul -de -sac, a street which was previously vacated by Grantee to
Grantor) described as follows and hereafter referred to as the "Ingress- Egress Easement Premises" and
"Public Utility Easement Premises" being:
That part of the West half of the Northwest Quarter of Section 23, Township 41 North, Range 11,
East of the Third Principal Meridian, in Cook County, Illinois, described as follows:
Commencing at the Southwest corner of said Northwest Quarter, thence North 89 degrees 06
minutes 48 seconds East along the South line of said Northwest Quarter, 50.01 feet to the East line
of South Busse Road; thence North 00 degrees 00 minutes 12 seconds West along said East line,
131.68 feet to a line 33.00 feet South of and parallel with, South line of the North 10 acres of the
South 15 acres of said West half of the Northwest Quarter of Section 23 for a point of beginning;
thence continuing North 00 degrees 03 minutes 12 seconds West, 65.01 feet to a line 33.00 feet
North of and parallel with, said South line of the North 10 acres; thence North 89 degrees 06
minutes 46 seconds East along the last described parallel line, 1085.59 feet thence Easterly,
Southerly and Westerly along a curve concave to the West, having a radius of 60.00 feet; having a
chord bearing South 00 degrees 53 minutes 12 seconds East, for an arc length of 307.11 feet;
thence South 89 degrees 05 minutes 48 seconds West along said South parallel line, 1086.61 feet
to the point of beginning.
Said parcel of land herein described contains 82,550 square feet, which equals 1.8951 acres, more
or less.
NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) in hand paid and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following
grants and agreements are made:
1. GRANT OF INGRESS - EGRESS EASEMENT. The Grantor hereby grants to the Grantee for
public use a permanent, perpetual and non - exclusive easement for vehicle (motorized and non - motorized)
and pedestrian access, ingress and egress purposes over, under, upon, through and across the Ingress -
Egress Easement Premises described above for the purpose of accessing the adjacent Benefitted
Premises described above.
2. GRANT OF PUBLIC UTILITY EASEMENT. The Grantor hereby grants to the Grantee for public
use a permanent, perpetual and non - exclusive easement(s) for purposes of installation, repair,
maintenance and replacement of telephone, cable, electric, water, natural gas, sanitary sewer, storm sewer
294912 2
3. GRANTEE'S AGREEMENT. Grantee understands and agrees that all utility improvements,
installations, repairs and maintenance to the Easement Premises shall be accomplished in a good and
workmanlike manner and shall promptly repair or cause to be promptly repaired any damage to Grantor's
Premises resulting from Grantee's work on the Easement Premises including restoring the same to the
condition existing prior to Grantee's work on said Easement Premises.
4. RUNNING OF BENEFITS AND BURDENS. All provisions of this instrument, including all of its
benefits and burdens, run with the land and are binding upon and inure to the benefit of the heirs, assigns,
successors, tenants and personal representatives of the parties.
5. CONSTRUCTION OF THIS DOCUMENT. The rule of strict construction does not apply to this
grant. This grant shall be given reasonable construction so that the intention of the parties to confer a
usable right of enjoyment to the Grantee, as well as to the respective owners of the Grantor's and
Benefitted Premises, is carried out.
IN WITNESS WHEREOF, said Grantors have caused their names to be signed to these presents
the day and year first above written.
VILLAGE OF MOUNT PROSPECT
By:
Irvana Wilks, Mayor
ARC DISPOSAL COMPANY, INC.
By:
its vice
ATTEST:
By.
Lisa Angell, Village e k
E & P INVESTMENT CORPORATION
2949121
I - ,
ACKNOWLEDGEMENTS
STATE OF ARIZONA )
) SS:
COUNTY OF MARICOPA )
I, the undersigned, a otary Public, in and for the County and State aforesaid, DO HEREBY
CERTIFY, that ,T. . an officer of both ARC DISPOSAL COMPANY, INC and E &P
INVESTMENT CORPORA ON is personally known to me to be said officer and the same person whose
name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged
that he signed and delivered the said instrument, as his free and voluntary act for the uses and purposes
therein set forth.
Given under my hand and official seal, thi sp&,W _ day of 4 2012.
(SEAL)
Notary Public State of Arizona
Maricopa County
Susanne A Webb
My Commission Expires 0911712016
Public
STATE OF ILLINOIS
COUNTY OF COOK
) SS.
I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO HEREBY
CERTIFY that Irvana Wilks, personally known to me to be the Mayor of the Village of Mount Prospect, an
Illinois municipal corporation, and Lisa Angell, personally known to me to be the Village Clerk 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 that as
such Village Mayor and Village Clerk, they signed and delivered the said instrument and caused the
corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given by the Village
Board of Trustees of said municipal corporation, as their free and voluntary act, and as the free and
voluntary act and deed of said municipal corporation, for the uses and purposes therein set forth.
GIVEN under my hand and official seal, this � day of /V a ��?'Y/ 2012.
OFFICIAL SEAL
DOREEN C JAROSZ
NOTARY PUBLIC - STATE OF ILLINOIS
MY COMMISSION EXPIRES 0413,14
294912_1