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HomeMy WebLinkAboutRes 35-94 10/18/1994 \ caf/ 10/11/94 RESOLUTION NO. 35-94 a RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR PROPERTY LOCATED ON A PORTION OF LOT 802 IN THE KENSINGTON CENTER FOR BUSINESS WHEREAS, the Village of Mount Prospect has provided and maintains certain recreational areas within the Kensington Center for Business; and Village; and WHEREAS, as part of maintaining the areas adjacent to the drainage and recreational facility located within Lot 802 in Kensington Center for Business, it became necessary to obtain a permanent easement across property legally described as follows and hereinafter referred to as Subject Property; Being a part of Lot 802, Kensington Center, Resubdivision 21, a Resubdivision of Lot 801 in Kensington Center-Phase Six, a Subdivision in part of the North 1/2 of Section 35, Township 42 North, Range 11, East of the Third Principal Meridian according to the Plat of Resubdivision filed for record in the Office of the Registrar of Titles, March 21, 1986 as Document LR3502998 and recorded April 23, 1986 as Document 86159151, in Cook County, Illinois; and WHEREAS, the property owner of the Subject Property has agreed to grant an easement to the Village, as set forth in the Drainage, Recreation and Access Easement Agreement attached hereto and hereby made a part hereof as Exhibit "1". NOW, THEREFORE, IT BE RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS SECTION ONE: That the Mayor and Board. of Trustees of the Village of Mount Prospect do hereby authorize entering into a Drainage, Recreation and Access Easement Agreement for the Subject Property. SECTION TWO: That the Village Clerk is hereby authorized and directed to record a copy of the Easement Agreement being the subject of this Resolution with the Cook County Recorder of Deeds. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Hendricks, Hoefert, Skowron, Wilks NAYS: None ABSENT: Cl owes, Corcoran PASSED and APPROVED this 18th day of October , i994. · .~ Mayo~C-Gr'eral~ L. Far(ey ~' ATTEST: Carol A. Fields Village Clerk ALTA/ACSM LAND TITLE SURVEY/,...~ DRAINAGE, RECREATION AND ACCESS EASEHENT AGREEMENT This Agreement is made this day of July, 1994, by and between REALPRO Limited Partnership, a Minnesota limited partnership ("REALPRO") and the Village of Mount Prospect, an Illinois municipal corporation (the "Village"). WITNESSETH WHEREAS, Opus Corporation, a Minnesota corporation, authorized to transact business in Illinois as Opus Designers, Builders, Developers, Inc., formerly known as Rauenhorst Corporation ("Opus"), Alscor Investors Joint Venture, a joint venture ("Alscor"), American National Bank And Trust Company of Chicago, not personally, but solely as Trustee under a Trust Agreement dated the 10th day of February, 1979 and known as Trust No. 45771 (the "Trustee"), Northern Illinois Gas Company, an Illinois corporation ("NI-Gas") and the Village entered into a certain Drainage, Recreation and Access Easement Agreement, dated December 17, 1982, and recorded as Document No. 26526919 (the "Original Easement Agreement"), which Original Easement Agreement includes various subdivisions and resubdivisions of Kensington Center originally owned by Opus, Alscor, The Trustee and Ni-Gas and commonly known as Kensington Center; and WHEREAS, Opus, the Trustee, NI-Gas and the Village entered into a certain Annexation Agreement (the "Annexation Agreement") relating to the development of Kensington Center; and WHEREAS, in connection with the development of Kensington Center, and in order to achieve the~ goals of the Annexation Agreement, the Opus, Alscor, the Trustee,.~Ni-Gas and the Village entered into the Original Basement Agreement to grant certain easements and to make certain agreements relating to drainage areas and facilities, and recreational areas-ahd facilities, on and serving Kensington Center; and WHEP, EAS, REALPRO is the owner of lot 802 in Kensington Center-Resubdivision-Phase Six, as legally described on Exhibit A, attached hereto and hereby made a part hereof (the "REALPRO Property"); and WHEREAS, ~ ~n order to achieve the goals of the Annexation Agreement' and ~.t0~.?"s~bject the REALPRO Property to easements consistent w%~h ~nd in harmony with the Original Easement Agreement, REALPRQ~desires to grant certain easements and to make certain agreements relating to drainage areas and facilities, and recreational areas and facilities, on and serving that portion of Kensington Center lying within the REALPR0 Property. NOW, THEREFORE, in consideration of Ten Dollars~ ($10.00) and other good and valuable consideration paid by each party to the others, the receipt and sufficiency of which' are hereby acknowledged, the following grants and agreements are made. I. Aqreements For Drainaqe Creek Easement 1. REALPRO hereby grants to the Village a nonexclusive easement for the access, storm detention and drainage and the operation, maintenance, repair and replacement of a storm water drainage system, including the existing drainage creek, and related and ancillary equipment and facilities, over, across, upon, under and through that portion of the REALPRO Property depicted on Exhibit B attached hereto and made a part hereof, and labeled as "Easement for excess Storm Detention and Drainage;" and "Easement for Drainage;" and "Easement for Sewer and Water", all as referencing Document Number LR 3701855. (The property so described on Exhibit B is hereinafter called the "Lot 802 Drainage Easement Area"). 2. The Village agrees that it will use the Lot 802 Drainage Easement Area for the operation, maintenance, repair and replacement of a storm water drainage system for the benefit of Kensington Center, and such other property as is presently served by Feehanville Creek, and for no other use or purpose. The drainage creek and related equipment and facilities shall be operated, maintained, repaired and replaced as a public improvement of the Village of Mount Prospect. The Village will maintain the Lot 802 Drainage Easement Area in such manner as to assure the unobstructed flow of storm water through the Lot 802 Drainage Easement Area, and to maintain the Lot 802 Drainage Easement Area in a clean, healthful and sightly condition. 3. The parties acknowledge that the Lot 802 Drainage Easement Area provides substantial aesthetic and economic value to Kensington Center and surrounding properties, and the parties intend to maintain the Lot 802 Drainage Easement Area in its present state to the extent possible consistent with the drainage requirements described herein. The parties agree that the Village will not regrade the Lot 802 Drainage Easement Area, or construct or install additional equipment therein, or remove vegetation therefrom (except routine and minor trimming), without in each case the prior written consent of REALPRO. Except as required by an emergency, the Village will give REALPRO notice of its intent to perform maintenance, repair or replacement activities in the Lot 802 Drainage Easement Area at least two business days prior to the performance of such activities, and a representative of REALPRO shall be permitted to accompany the Village's representatives at any time the Village's representatives are conducting activities in the Lot 802 Drainage Easement Area. 4. The duration of the easement granted hereby in the Lot 802 Drainage Easement Area shall be perpetual, provided, however, that the easement may be terminated by REALPRO at such time as the Lot 802 Drainage Easement Area is no longer used for the drainage purposes described herein, or if the Village fails to perform its obligations hereunder, and such failure continues for more than 30 days after notice of such failure is given to the Village. The right to terminate the easement shall not constitute the sole or exclusive remedy available for breach of obligations hereunder, and REALPRO shall also be entitled to any other remedies available for such breach in law or equity, including, but not limited to, damages or injunctive relief. Agreements For Jogging Path And Recreational Area Easement 1. REALPRO hereby grants to the Village a nonexclusive easement for operation, maintenance, repair and replacement of a jogging path, and other ~recreational uses as described herein, over, upon and across that portion of the REALPRO Property depicted on Exhibit B attached hereto and made a part hereof and labeled "7 foot bitum bike path" (such property described on Exhibit B is hereinafter called the "Lot 802 Recreational Easement Area"). 2. The Village will maintain the jogging path and related and ancillary equipment as a public improvement of the Village, and will be responsible for maintenance, repair and replacement as necessary to maintain the jogging path and other equipment and improvements in the Lot 802 Recreational Easement Area in a serviceable, clean and sightly condition. The Village will be responsible for cleaning and removal of trash from the Lot 802 Recreational Easement Area, and for the security of persons and property in and about the Lot 802 Recreational Easement Area. The Village will restrict access to and use of the Lot 802 Recreational Easement Area during such times as is appropriate to protect the security of persons and property in the areas in which the Lot 802 Recreational Easement Area is located. 3. The Village may use the Lot 802 Recreational Easement Area for the benefit of the general public for jogging and other recreational purposes consistent with jogging use, but shall not permit the Lot 802 Recreational Easement Area to be used for the operation of motorized vehicles or other uses which are inconsistent with use as a jogging area. In the event of a dispute between the parties as to whether a use is permitted hereunder, the decision of REALPRO shall control. 4. REALPRO may grant other easements in the Lot 802 Recreational Easement Area, and may use the Lot 802 Recreational Easement Area for other purposes, provided such other easements or uses are not inconsistent with the use of the Lot 802 Recreational Easement Area as described herein, and may relocate the Lot 802 Recreational Easement Area, in accordance with the provisions of paragraph lTD of the AnnexationAgreement (whether such relocation occurs during or after the expiration of the term of the Annexation Agreement). 5. The duration of the easement granted hereby in the Lot 802 Recreational Easement Area shall be perpetual, provided however, that the easement may be terminated by REALPRO at such time as the Lot 802 Recreational Easement Area is no longer used for the recreational purposes described herein, or if the Village fails to perform its obligations hereunder, and such failure continues for more than 30 days after notice of such failure is given to the Village. The right to terminate the easement shall not constitute the sole or exclusive remedy available for breach of obligations hereunder, and REALPRO shall also be entitled to any other remedies available for such breach in law or equity, including, but not limited to, damages or injunctive relief. III. General Provisions 1. Subject to the provisions set forth below in this paragraph, all provisions of this Agreement are binding upon and inure to the benefit of the successors and assigns of the parties hereto. Whenever a transfer occurs of ownership of a portion of the REALPRO Property, or of the easements herein granted, the transferror shall have no further liability for breach of covenant occurring thereafter as to such land or easement which has been transferred. Notwithstanding any transfer or conveyance of a portion of the REALPRO Property by REALPRO, the rights to terminate the easements, to exercise remedies for breach, or to exercise other rights under this Easement Agreement as the owner of the REALPRO Property shall be held and exercisable only by REALPRO unless REALPRO shall specifically assign such rights by an assignment recorded in the Office of the Recorder of Deeds of Cook County, Illinois, or registered in the Office of the Registrar of Titles of Cook County, Illinois, as appropriate. Further, notwithstanding any transfer or conveyance of a portion of the REALPRO Property by REALPRO, the right reserved herein to relocate any easement granted hereby on the REALPRO Property may be exercised only with the prior written consent of REALPRO. 2. All notices given by one party to another hereunder shall be in writing and may be served personally or mailed Certified Mail, Return Receipt Requested. Notices shall be sent to the following addresses: If to REALPRO: REALPRO Limited Partnership 800 Opus Center 9900 Bren Road East Minnetonka, Minnesota 55343 -3- Attn: Legal Department If uo the Village: The Village of Mount Prospect 100 South Emerson Mount Prospect, Illinois 60056 Attn: Village Manager Notices shall be deemed given when delivered, if delivered personally, or when mailed, if mailed Certified Mail, Return Receipt Requested. Any party may change the address for notices to it by a notice given as described herein. 3. The references in this Agreement to the possibility of future or additional grants of easement, or additions to the easements granted herein, shall not constitute or effect easements by implication or obligations to grant further or additional easements, and no such further or additional easements shall exist unless granted as provided herein. 4. As recited hereinabove, the easements granted herein are nonexclusive easements; however, REALPRO agrees that the rights retained by it in the easement areas shall not be used in such manner as to materially interfere with the r~ghts granted to the Village in this Agreement or the performance by the Village of its obligations under this Agreement. 5. This Agreement may be executed in counterparts, which, taken together, shall constitute one and the same document. IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement as of the date and year first above written. REALPRO LIMITED PARTNERSHIP THE VILLAGE OF MOUNT PROSPECT Attest:~Y -- --~/ - : -4- TATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY, that LUZ CAMPA personally known to me to be the Vice President of Garjay Properties, Inc., a Minnesota corporation, the managing general partner of REALPRO Limited Partnership, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such President, he signed and delivered the said instrument as Vice President of said corporation, pursuant to authority given by the Board of Directors of said corporation as his free and voluntary act, and as the free and voluntary act and deed of REALPRO, for the uses and purposes therein set forth. Given under my hand and official seal this Z~ day of November, 1994. ' ry Finni,~ My Commission expires: ~~-MINNE{OTA  .',~J HENNEPIN COUNTY ~ommissmn E~m~es mtv 8 1997 TATE OFILLINOIS ) ) SS COUNTY OF COOK ) I, .-~--- , the undersigned, a nota~ public_in and for the County and State aforesaid, do hereby cert~$y that~r~,/~ Z. f~/~ p~rsonally known to me to be the ~V/~ ~ o~the y~lla~e of Mount Prospect, a municipal .~Q~or~Dion, and~/ ~ /~-~ , personally ~own to me to be the~//~/~ of said municipal co~orat~on,and personally known to me ~o be the sa/ne persons whose names are subscribed to the foregoing instrument, appeared~ore me thistly in person and severally acknowledged as said /wF~.~W and C~ they executed said instrument as /~/ and ~ of said Village of Mount Prospect and 'caUsed the co.orate seal of said Village of Moun= Prospect to be affixed thereon, pursuant to the authority given by the Board of T~stees of said Village of Mount Prospect as their free and volunta~ act and as the free and volunta~ act of said village for the uses and pu~oses therein set forth. ~~  ven under my hand and notarial seal this , day of 19 / / Not~ Public SEAL My Commission Expires: ~-/~ -6- EXHIBIT A Legal Description LOT 802 IN KENSINGTON CENTER-RESUBDIVISION TWENTY ONE, A RESUBDIVISION OF LOT 801 IN KENSINGTON CENTER-PHASE SIX, A SUBDIVISION IN PART OF THE NORTH 1/2 OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT OF RESUBDIVISION FILED FOR RECORD IN THE OFFICE OF THE REGISTRAR. OF TITLES, MARCH 21, 1986 AS DOCUb~NT LR3502998 AND RECORDED APRIL 23, 1986 AS DOCUMENT 86159151, ALL IN COOK COUNTY, ILLINOIS. -7- CONSENT OF MORTGAGEE THE TT~ERSIGNED, (the "Mortgagee") hereby joins in the above and foregoing Drainage, Recreation and Access Easement Agreement (the "Easement Agreement") only for the purpose, and only to the extent, of {1) hereby granting permission to REALPRO to ent~into the above and foregoing Easement Agreement so that any Such action on the part of REALPRO shall not constitute a default under or violation of the Mortgage, and (2) hereby agreeing that the aforesaid Easement Agreement shall be deemed to be prior to the Mortgage, notwithstanding that it is subsequent in time, so that the provisions of the above and foregoing Easement Agreement and the easements granted thereby shall be binding upon the undersigned, its successors as the holder of. indebtedness secured by the Mortgage.and (in the event of foreclosure of the Mortgage) upon the purchasers of any of said REALPRO .Property at any sale thereof held pursuant to any proceeding to foreclose the Mortgage; it being further stipulated and agreed that at such times and to such extent as the undersigned or any successor of the undersigned as the holder of the Mortgage shall come into actual possession or ownership (other than as security for debt) of any of the REALPRO Property, the undersigned or such successor (as may be the case) shall succeed to all the rights and obligations of the owner of such REALPRO Property in this Easement Agreement expressed, but that until such time and except to such extent, the undersigned expressly disclaims, for itself and for and on behalf of all of its successors as the holder of any indebtedness secured by the Mortgage, all duties, liabilities and obligations imposed by any provisions of the aforesaid Easement Agreement. DATED at , Illinois this day of , 1994. MORTGAGEE (SEAL) PRINCIPAL MUTUAL LIFE INSURANCE COMPANY ATTEST: [IONALD B. F~NKIJN ~ Its: Its: ~me~c~ ~,e~l Estate -.\ ~ aeal !~tme (k~merci~ Real Estate STATE OF ) ) ss COUNTY OF I, , the a notary public in and for the County and State afore~ do hereby certify that personally known me to be the of PrincipalMutual Life =e Company, a corporation, and , personall' to me to be the of ~aid corporation, and per known to me to be the sa.me persons whose names are subs to the foregoing instrument, appeared before me this person and severally acknowledged as said and they executed said instrument as 'and of said corporation and caused the corporate seal of s~ corporation to be affixed thereon, pursuant to authority given by the said corporation as their free and voluntary act and as free and voluntary act of said corporation for the uses therein set forth. Given under and notarial seal this ... , day of 1994. Notary Public ~,/Commission Expires: -9-