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Home My WebLink AboutRes 24-25 09/02/2025 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, IllinoisPrepared by: John A. Wall Klein Thorpe & Jenkins, Ltd. 120 S. LaSalle St. Suite 1710 Chicago, Illinois 60602 Mail to: Klein Thorpe & Jenkins, Ltd. 120 S. LaSalle St. Suite 1710 Chicago, Illinois 60602 Recorded on behalf of: Village of Mount Prospect Record against: PIN: 08-11-204-016-0000 2525908009 Doc# 2525908009 Fee $133.00 ILRHSP FEE:$19.00 RPRF FEE:S1.00 Monica Gordon Cook County Clerk's Office Date: 9/16/2025 10:58 AM PRGE: 1 of 19 [Above space for Recorder's Office] COOK COUNTY, ILLINOIS RECORDING COVER SHEET FOR RESOLUTION NO.24-25: 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 Address: 302 West Northwest Highway, Mount Prospect, Illinois, 60056 Property Index Number: 08-11-204-016-0000 Legally Described As: LOT 1 IN JOHN FLOWERS' RESUBDIVISION OF LOTS 6 THROUGH 11, IN HENRY J. BHARD'S SUBDIVISION OF THAT PART OF THE NORTHEAST V4 IN SECTION 11, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF THE CHICAGO AND NORTHWEST RAILROAD, IN COOK COUNTY, ILLINOIS. 2005126_1 RESOLUTION NO. 24-25 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: Dante, DiPrima, Gens, Grossi, Matuszak, Saccotelli NAYS: None ABSENT: None PASSED AND APPROVED this 2nd day of Septemb 2025. Paul Wm. Hoefe Mayor ATTEST: Karen M. Agorandg Village Clerk GRANT OF EASEMENT THIS GRANT OF EASEMENT (the -Easement") is made and entered into this day of S I " 2025� bv all([ aniong PR6sf)E(r. -an minois- (hereinaftei, referred to its Ihe "GRANTOW'), and VILL.A(IE ()I", L\/T0UN1 -soll. 100 murilcipall corpora6wi, hitving ail address aI is U,;ncI vioIji-it Prospem IL 6 referred to as the "GRANTEE"). RECITALS 1. GRANTOR is the owllct° of t`cc SIMPI�c Lidle to a parcct 1:4mal property 10CUtc(.1 at 302 West Northwest, I lighway, Wunt aspect , Cook C'multy, 1111nois, �.js depicted on Lxhibit ��,k zn mnee made a pan hereof and legally described In f.-Nifibit B �,AUZChe(,l hcl_c�() A Ailk this 1,et'e (hereinafter the -Grantor Property-) and are in possession thereof. GRANTOR owns and operates a parking lot west side of GraLitor"s Property. 2The GRANTEE is the owner of that certain real property located at 310 West cirthwc_st IlIghway. V'J�jj, Illinois. lie Parking I !e ofNfouill, PI-OSPCCL. C'0WlLV OCC'001�- Illinois- (t Z! parcoil The villar�4o Parking Parcel and the Gralltw' PrOPCITY (collectively referrQd to herein "is the "Parccls" and iii(lk iduai1v as a -'Parcel") are cone -pious to each other 1,vil-11 lhe Villaoc Parking Parcel being to the immediate "rest ot'the CyrarlWl- PI-OPCI-tv. GRANTEE I I _N - ",III extend ontoTEE proposes to construct and install a palking jot. which a portion of the Grantor's Property (the "Project"). -4 GRANTOR has agreed to grant GRANTEIL a permanent non-exclusive easement Col- purpose of providing pedestrian and Nchicular access to and from the parking 101 011 the Grantor's Property and a temporary construction casement on the Grantor'; Property for purposes of constructing the parking lot, subject to the terms and conditions hereinafter set forth c :""'w In o(th,: s c s and the good )ood and ah,�, the wwd sufhcicrcy of which Is AclKncm -q tile ,a�,cniciits as licrellia!'�"' ter Ct tJlrlland orr d ect Lill t tile fol-cLyoI 11L,' -cc aIS I, 1 Recitak the pariics ac - - i hereby Incorpomtcd Him this Ease -meat as if ful N set fol-th le!-elll. ef' e -ni Inct I E'as�lljcw_ GRANTOR does herebv gramto C,RANTEE and ITS 'IL �:owractors' _')uCCfS.Sol-S 111LI assigns. a that jlorl*")n oC(he 61'w1UY Prol%I-1\1 "AXCSS "Illd emer upoll depicted III Exhibit C ond iegnI11% described In (herelmitler the "Easelliell" PI-Cmiscs") -Iicular access 10 iuld Crom Tlw accc'�sln._). and exllln�! ',I lot. PI-erilses a:,,cl parking lot ol-, [lie Cff� 71101-s PI__ Pel-tY. ;Ilclticl* ICIn 11t1l And CNIt LIU) aDI-Ibilc -dlev. alld r" 1 -, 1-critse Co 1'1 �l -oug Ver Lind 'LlIld'Cr the lnasernci-�, 'Pren-LISCs- 111c,2s - lom_)_ thi h_ aci -oss, o T, C. R TI- 1' ;m', lr� _Md the right, casement 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 '.Project"). 4. f�LIWLC_.ol"•re"I rr�"gas stl tt sgL . The Temporary Construction Easement granted herein is intoWed 1't;twl` reworking within the area of the Temporary Easement Premises for constructing a parking lot. WAS includes depositing the earth removed in excavating, adding till. 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.'` +af liar ollrl GRANTEE shall have the right to do all things necessary, useful or convenient for the purposes outlined in Paragraphs ?, 3 and 4, above. GRANTOR hereby covenant rvith GRANTEE. that GRANTEE shall have quiet and peaceful possession, use and enjoyment of the easement granted herein. 6 °%'�rointr�nq RLI! �lrn .;p,::.Itlt tl'r� I q,d. This Easement, and all the rights_ conditions_ covenants and interests set forth herein and created hereby are intended to and shall run with the laud and Shall be bitldhg Llpoll and itnuring to the benefit of the parties hereto and [hell- respeake Strecessars and assigns. 'lam➢ 418R Il 4 1 ,l t ItiV <,r 11 J aFri e,l""�kG t9 rC'I t C Y 9G. The Eawnwric BaN be chicle Llpoll execution of this Agurecmenr. GRANTEE esdirates constr ucUon of the Pr oiect -Shall occur bet'o een approxtivaW4 September of 2025 through .lanuar}, of 2026_ and GRANTEE shall keep GRAN I OIT generally illf raced of the schedule oI Me 1 wjtci 1 i c Easorneini shall auu)i—natrcaII y teriamate and c.xpu-c Llpoll the 'ember of: 61 the date the Collsl!-LlC-tlom of the parkllngj lot 1s ComlAcm _ or 05 August 31 2026. Upon the e.;piration of the Lena of the Easement_ (a) all of the rights and benefit, of GRANTEE sit respect to the Easement shall atuumatically iornlinate and be of no turthe;- force and effect and (h) GR.ANTEE nw r nlove from ttic Easement Premises al I of GRANTEE's materials_ equipment. and other property and restore the Propeny to the condition it "as in prior to the date GRANTEE began the work- except for the permanent portion; of the Project and as reasonably practicable. Thea �l _'i',�. ' .�..... ..., .. '�.l`.�fr:e. gmplod :1'I in are subject to all rll aw-s of record GRANTOR We the ri1 ht to use the GrarILLIC) Or an" portion thereof, or and proptrt\ of BRA.ATOR aldjoining, the Craillor s Property (or- any' 11W70ic not incon.nswrit vid-i the Ad! use and eryobmcIli of the mg`lis gra.nicd hc,y, ill Wor V GRAN r FE, i-(OVv 121 C;. shard noi. :�c )Iatued ov Cr GR: r 1 it �I ��T _ j fare :cries r �)� cr tine i_.:rsCi?l:', i P'cilllse,, lvlth'OL11 the pl"i�li' \-A1iLCcn (lllscp,; i)l GR:��T 9. Miscellaneous. No modification or amendment of this Easement shall be of any Force ore ffect 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 party by reason of breach of this Easement, attorneys' fees and costs, at both the trial and appellate levels shall be uncluded 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: 0 m_ GRANTEE: VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation By, Vllave President Attest. �.. �........ r Village Clerk A �mcj.m wI STATE OF ILLINOIS ) SS. COUNTY OF COOK 1, the undersigned, a Notary Public In and fol- the Countyand State aforesaid, DO HEREBY l _ . personally CERTIFY that the above -named L known to rne 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 4 instrument as their own free and voluntary act for the uses and put -poses therein set forth. t�jis Z"zA day of' 20.Z GIVEN i.inder rny hand. and offica'ai se�'�, ............. . ........... A dO 0 ft b OFFICIAL FIFICIAL SEAL KIM M GALLO M" Pudic, Stets Of Wh* Commission No. 977577 Public My Commission Exom Ss ember 6. 2021 STATE OF ILLINOIS ) Ss' COUNTY OF COOK I. the undcrsianed. a Notary Public. in and for the County and State aforesaid, DO I IFRERY 0:RTIFY alalpha—Wiy personally known to me to be the President of — "- x'—L the Village oNMOILInt PrOspcct. and Aqjn)r�&�crsonally known to me to be the V11 a. I ge Clerk ol'said 1111,1111CIINd C01-I)oration, and Personally knot�n 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 ' b 0 ai instrument and caused the corporate sea] 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'b 20�5, "4 00 0 dR OFFICIALA SEAL 0 a tau .y Ni b l ii c, KIM M GALLO Notary Public, State of 1111nois Commission No. 977577 Con-uluss u CM ex ffil"'�;" ( !7 P' I I I My CoommWission Expires September 6. 2027 EXHIBIT A [Grantor's Property Depiction] EXHIBIT IS [Grantor's Property Legal Description] EXHIBIT C [Permanent Easement Depiction] EXHIBIT D [Easement Legal Dcscription] EXHIBIT E [Temporary Easement Depiction] Exhibit A to the Easement Agreement for 302 West Northwest Highway MM SURVEYING CO., INC. PROFJ33SIDNAL DOSION FUEM No. t ALTAIACSM Land Title � �Sey WM Z 7� ' . r 30S c plans mk),,t b6 onso dunng m GItt'�go v M*14'At - M 'P AL- kA VJC2NrrY MAP \AJ� u��ys ��i2�s� 'S I- 1:962 CC) 1-It" 11-14- .gw bra GRAPHIC SCALE. W y z - / z 9- 5)--:: -!!Y YZ x (-/y z -.: zos)': Exhibit B to the Easement Agreement for 302 West northwest Highway . Ul'rl,M. A $ _ I I' Y 1 DKTHWBBT MMROAD. IIf CC*K cQ01JW Y. U a rMM CONVAUNLY KNOWN W. dw+C]PJ'F VgiS P F#'W`9P'_, MT. FRISPER T. Q- 4=6 VIJX. 0R-3 16-OM Exhibit C to the Easement Agreement for 302 West Northwest Highway Attachment D to Easement Agreement for 302 West Northwest Highway T-HATPARFOF.'OT! !NjOHIVFLOVENSVESij-MD,V,'SiOiV OF t0/S6 THROUS-414 INEW51ve "'Mmm. OF PiArPART OF TIVENOPMEA-FTWARTER OF SEL-W.N11, FOWNSW41 NORTH, k-4NGElJL4!r0F THE THYROPRINMA! MERIDJANAND I nN47)VOR?NDFTHECHICA.GOAND,'VORTHWESTR?J.41AILROADRIGHrOFWAt AWORMNG TO 1.979-As DOMIMENTNO- 24739-OM DESCRIBED AS MUMS' REGIN-WNCATA POINTOW TNCSOUTHKTSTE,9,YfINEOfSVOtOTY 7M, MEMOSTMORMER1 Y CORNER OFS40 LOTI; THENCL-SIX17WASTERLYALONG THE N4RTA,rAs7FRmlN-foFmmi or i goprq-,v FEET. TqPVM5VUY-HWfS7FRf,-jFDR SO OF navoll Attachment E I An Exhibit for the Temporary Construction Easement at 302 West Northwest Highway Tern AN oRTywFsr ,. h� 8/22/2025, 9:37:47 AM Parcels Street Labels World Hillshade Exhibit E Easement 301 --A4,13 Feet 299 y W to Construction Easement Area 4 , a 1 681 0 0 0.01 0.02 mi 0 0.01 0.01 0.02 km Sources Esri. TomTom, Garmin, FAD, NOAA, USGS, ® OpenStrsetMap contributors, and the GIS User Community, Sources: Esri, Maxer, AirCus OS,