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HomeMy WebLinkAbout6.6 Motion to approve A RESOLUTION APPROVING AN EASEMENT AGREEMENT ESTABLISHING A PERMANENT INGRESS/EGRESS EASEMENT AND PROVIDING A TEMPORARY CONSTRUCTION EASEMENT FOR A PORTION OF PROPERTY LOCATED AT 302 WEST NORTHWEST HIGHWAY, MOUNT PROSPECT, ILLINOISM+awn �'xytlts=e Item Cover Page Subject Motion to approve A RESOLUTION APPROVING AN EASEMENT AGREEMENT ESTABLISHING A PERMANENT INGRESS/EGRESS EASEMENT AND PROVIDING A TEMPORARY CONSTRUCTION EASEMENT FOR A PORTION OF PROPERTY LOCATED AT 302 WEST NORTHWEST HIGHWAY, MOUNT PROSPECT, ILLINOIS Meeting September 2, 2025 - REGULAR MEETING OF THE MOUNT PROSPECT VILLAGE BOARD Fiscal Impact (Y/N) Dollar Amount Budget Source Category CONSENT AGENDA Type Action Item Information The Central Gateway Project, located at 310 West Northwest Highway, includes plans for the construction of a new surface parking lot on the east side of the property adjacent to an existing parking lot owned by Trezero's Kitchen & Tap restaurant located at 302 West Northwest Highway. It is necessary for the Village of Mount Prospect crews and contractors to access 302 West Northwest Highway to construct new parking stalls and improve existing stalls as part of the Central Gateway Project, In order to facilitate access to the new stalls constructed on Village -owned property at 310 West Northwest Highway, it is necessary to obtain a permanent ingress and easement over a portion of the privately -owned property at 302 West Northwest Highway. The Easement Agreement, plats, and its legal descriptions are incorporated into and made part of the attached resolution. Discussion Alternatives 1. Approve a resolution approving an easement agreement establishing a permanent ingress/egress easement over a portion of 302 West Northwest Highway and providing a temporary construction easement over the portion of 302 West Northwest Highway to be improved as part of the Central Gateway Project. 2. Action at the discretion of the Village Board. Staff Recommendation Approve a resolution approving an easement agreement establishing a permanent ingress/egress easement over a portion of 302 West Northwest Highway and providing a temporary construction easement over the portion of 302 West Northwest Highway to be improved as part of the Central Gateway Project. Attachments 1. A RESOLUTION FOR TREZEROS EASEMENT AGREEMENT 2. Easement Agreement - Trezeros (2025)(2065016.1) 3. Exhibits A through E for the Trezeros Easement Agreement RESOLUTION NO. A RESOLUTION APPROVING AN EASEMENT AGREEMENT ESTABLISHING A PERMANENT INGRESS/EGRESS EASEMENT AND PROVIDING A TEMPORARY CONSTRUCTION EASEMENT FOR A PORTION OF PROPERTY LOCATED AT 302 WEST NORTHWEST HIGHWAY, MOUNT PROSPECT, ILLINOIS WHEREAS, the Central Gateway Project located at 310 West Northwest Highway includes plans for the construction of a new surface parking lot on the east side of the property adjacent to an existing parking lot owned by Trezero's Kitchen & Tap restaurant located at 302 West Northwest Highway; WHEREAS, to construct new parking stalls and improve existing stalls as part of the Central Gateway Project, it is necessary for the Village of Mount Prospect crews and contractors to access private property located at 302 West Northwest Highway; WHEREAS, to facilitate access to the new stalls constructed on Village -owned property at 310 West Northwest Highway, it is necessary to obtain a permanent ingress and easement over a portion of the privately owned property at 302 West Northwest Highway. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS A HOME RULE MUNICIPALITY: SECTION ONE: That the Easement Agreement establishes a permanent ingress/egress easement over a portion of 302 West Northwest Highway and provides a temporary construction easement over the portion of 302 West Northwest Highway to be improved as part of the Central Gateway Project. Such Easement Agreement, plats, and its legal descriptions are incorporated into and made part of this Resolution as Exhibit "A" (Easement Agreement). 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: NAYS: ABSENT: PASSED AND APPROVED this 211 day of September 2025. Paul Wm. Hoefert Mayor ATTEST: Karen M. Agoranos Village Clerk GRANT OF EASEMENT THIS GRANT OF EASEMENT (the "Easement") is made and entered into this day of , 2025, by and among , (hereinafter referred to as the "GRANTOR"), and VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation, having an address at is Emerson, Mount Prospect, IL 600 (hereinafter referred to as the "GRANTEE"). RECITALS 1. GRANTOR is the owner of fee simple title to a parcel of real property located at 302 West Northwest Highway, Mount Prospect, Cook County, Illinois, as depicted on Exhibit A and legally described in Exhibit B attached hereto and by this reference made a part hereof (hereinafter the "Grantor Property") and are in possession thereof. GRANTOR owns and operates a parking lot west side of Grantor's Property. 2. The GRANTEE is the owner of that certain real property located at 310 West Northwest Highway, Village of Mount Prospect, County of Cook, Illinois, (the "Village Parking Parcel"). The Village Parking Parcel and the Grantor Property (collectively referred to herein as the "Parcels" and individually as a "Parcel") are contiguous to each other with the Village Parking Parcel being to the immediate west of the Grantor Property. 3. GRANTEE proposes to construct and install a parking lot, which will extend onto a portion of the Grantor's Property (the "Project"). 4. GRANTOR has agreed to grant GRANTEE a permanent non-exclusive easement for purpose of providing pedestrian and vehicular access to and from the parking lot on the Grantor's Property and a temporary construction easement on the Grantor's Property for purposes of constructing the parking lot, subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises and the good and valuable consideration set forth in this Easement, the receipt and sufficiency of which is hereby acknowledged, GRANTOR does hereby grant the following easements as hereinafter set forth: 1. Recitals. The parties acknowledge that the foregoing recitals are true and correct and hereby incorporated into this Easement as if fully set forth herein. 2. Grant of Permanent Easement. GRANTOR does hereby grant to GRANTEE and its employees, licensees, agents, independent contractors, successors and assigns, a non-exclusive, perpetual easement to ingress, egress, access and enter upon that portion of the Grantor's Property depicted in Exhibit C and legally described in Exhibit D (hereinafter the "Easement Premises") for the purpose of providing public pedestrian and vehicular access to and from the Easement Premises and parking lot on the Grantor's Property, including accessing, and exiting a parking lot, accessing and exiting a public alley, and servicing refuse containers, and operating a parking lot, and appurtenances along, through, across, over and under the Easement Premises. 3. Grant of Temporary Construction Easement. GRANTOR does hereby grant to GRANTEE and its employees, licensees, agents, independent contractors, successors and assigns, 355072_1 2065016_1 the right, easement and privilege to enter upon a portion of the Easement Premises on Grantor's Property that is 88.18 feet long and 44.13 feet wide, as depicted in Exhibit E (hereinafter the "Temporary Easement Premises") for the purpose of installation of a parking lot (hereinafter the "Prof ect"). 4. Purpose of Temporary Construction Easement. The Temporary Construction Easement granted herein is intended for working within the area of the Temporary Easement Premises for constructing a parking lot, which includes depositing the earth removed in excavating, adding fill, shaping ground, installing asphalt pavement and curbs, installing and/or repairing stormwater conveyance facilities, and for placing and using construction and maintenance equipment and materials, and in the further right of ingress and egress over and across this temporary easement for the purpose of exercising those rights. All permanent portions of the Project installed by the GRANTEE, upon their completion, shall become the sole property of the GRANTOR and the GRANTOR shall have the sole responsibility for the maintenance of the installations. 5. Use of Easements. GRANTEE shall have the right to do all things necessary, useful or convenient for the purposes outlined in Paragraphs 2, 3 and 4, above. GRANTOR hereby covenant with GRANTEE that GRANTEE shall have quiet and peaceful possession, use and enjoyment of the easement granted herein. 6. Covenants Running with the Land. This Easement, and all the rights, conditions, covenants and interests set forth herein and created hereby are intended to and shall run with the land and shall be binding upon and inuring to the benefit of the parties hereto and their respective successors and assigns. 7. Duration of Temporary Construction Easement. The Easement shall be effective upon execution of this Agreement. GRANTEE estimates construction of the Project shall occur between approximately September of 2025 through January of 2026, and GRANTEE shall keep GRANTOR generally informed of the schedule of the Project. The Easement shall automatically terminate and expire upon the earlier of: (i) the date the construction of the parking lot is completed, or (ii) August 30, 2026. Upon the expiration of the term of the Easement, (a) all of the rights and benefits of GRANTEE with respect to the Easement shall automatically terminate and be of no further force and effect and (b) GRANTEE must remove from the Easement Premises all of GRANTEE's materials, equipment, and other property and restore the Property to the condition it was in prior to the date GRANTEE began the work, except for the permanent portions of the Project and as reasonably practicable. 8. Rights Reserved. The easement rights granted herein are non-exclusive in nature and are subject to all matters of record. GRANTOR have the right to use the Grantor's Property, or any portion thereof, or any property of GRANTOR adjoining the Grantor's Property for any purpose not inconsistent with the full use and enjoyment of the rights granted herein in favor of GRANTEE. However, obstructions shall not be placed over GRANTEE's facilities or in, upon or over the Easement Premises without the prior written consent of GRANTEE. 2065016_1 9. Miscellaneous. No modification or amendment of this Easement shall be of any force or effect unless in writing executed by both GRANTOR and GRANTEE and recorded in the Public Records of Cook County, Illinois. If GRANTOR or GRANTEE obtain a judgment against the other parry by reason of breach of this Easement, attorneys' fees and costs, at both the trial and appellate levels shall be included in such judgment. This Easement shall be interpreted in accordance with the laws of the State of Illinois, both substantive and remedial. IN WITNESS WHEREOF, GRANTOR and GRANTEE have caused these presents to be executed as of the day and year first above written. GRANTOR: GRANTEE: VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation in Attest: Village President Village Clerk 2065016_1 EXHIBIT A [Grantor's Property Depiction] EXHIBIT B [Grantor's Property Legal Description] EXHIBIT C [Permanent Easement Depiction] EXHIBIT D [Easement Legal Description] EXHIBIT E [Temporary Easement Depiction] 2065016_1 ACKNOWLEDGMENTS STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that the above -named , 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 signed and delivered the said instrument as their own free and voluntary act for the uses and purposes therein set forth. GIVEN under my hand and official seal, this day of , 20 Notary Public Commission expires 2065016_1 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) 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 President of the Village of Mount Prospect, and , 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 President 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 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 , 20 Notary Public Commission expires: 2065016_1 m ftlT W MGM M4'10M mrw(k-o—w" NORTH MM. 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