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Home My WebLink AboutRes 48-93 12/07/1993 AF/ 10/28/93 RESOLUTION NO. 48-93 A RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT FOR PROPERTY GENERALLY LOCATED AT 1450 WEST LINCOLN STREET WHEREAS, the Village of Mount Prospect has undertaken flood control projects throughout the ~llage; and WHEREAS, as part of the Hatlen Heights Flood Control Project, it became apparent that there was a conflict between the location of sanitary sawer lines belonging to the Metropolitan Water Reclamation District and the proposed location of flood control lines of the Village in the general vicinity of Busse Road and Lincoln Street; and WHEREAS, as a result of the Village's redesign of the Hatlen Heights Flood Project in the vicinity of Busse Road and Lincoln Street, it became necessary to obtain an easement under a portion of the private property located at 1450 West Lincoln Street; and WHEREAS, the property owner of the property located at 1450 West Lincoln Street has agreed to grant an easement to the Village for the purpose of auguring under a portion of this private property in order to lay flood control lines, a copy of the easement location is attached hereto and hereby made a part hereof as Exhibit "A". 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 an Easement Agreement under property located at 1540 West Lincoln Street, a copy of said Easement Agreement is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That the Village Clerk is hereby authorized and directed for 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: Clowes, Corcoran, HOefert, Hendrick, s, Skowron, Wilks NAYS: None ABSENT: None PASSED and APPROVED this 7th day of December ,1993. -- Gerald k Farley, May~or~ Carol A. Fields, Village Clerk o 3955 6 GRANT OF EASEMENT DEC 2 2 1995 THIS INDENTURE WITNESSETH: that the Grantors, JOSE GARCIA and ROSALINDA GARCIA, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations in hand paid by the VILLAGE OF MOUNT PROSPECT, a Municipal Corporation of the County of Cook and State of Illinois, hereby grant and convey to the said VILLAGE OF MOUNT PROSPECT, a permanent easement for the purpose of constructing, renewing and maintaining a public sewer line and appurtenances thereto, along, through, across, over, and under a strip of land described as BEING THE SOUTH 10.0 FEET OF THE WEST 20.0 FEET OF LOT 1 IN BLOCK 3 OF INVERDALE ESTATES, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 11, TOWN- SHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 5, 1953 AS DOCUMENT NO. 15687273, AND AS TORRENS DOCU- MENT NO. 1487631 ON OCTOBER 8, 1953, ALL IN COOK COUNTY, ILLINOIS~ as shown on the attached plat, marked "Exhibit B," and made a part hereof. Also together with the right temporarily to use from time to time as reasonably required, during the period of Construction, so much of the surface of the real estate immediately abutting said strip of land as a "temporary construction easement" for deposit- ing the earth removed in excavating, and for placing and using construction and maintenance equipment and materials, and in the further right of ingress and egress over and across said temporary easement for the purpose of exercising the rights herein granted. The limits of said temporary construction ease- ment being the south 15.0 feet of the west 40.0 feet of Lot 1 aforesaid. The VILLAGE OF MOUNT PROSPECT specifically agrees, as a material inducement to the Grantors, after the installation, placement into operation, or any future maintenance of said sewer line, to promptly fill in, level and restore the premises to a condition equally as good or better than existed before said construction or maintenance, including the removal and satisfactory disposal of any brush or debris resulting from such construction and main- tenance, and deposited on said real estate. The VILLAGE OF MOUNT PROSPECT further agrees that any access to said sewer system shall be at least twelve inches below grade level. & Lehr Prepared Arnstein recordtnE 120 South ~tverside Plaza~ Suite 1200 Chica~o, IL 60606-3913 Attn: Everette M. Htll~ Esq. xcept for acts or omissions of Grantors, or their successors and assigns, the VILLAGE OF MOUNT PROSPECT agrees to save and hold harmless the Grantors for any and all expenses, costs, and damages arising from, or as a result of, any action at law or suit of any kind that may be brought against them by any person or persons on account of granting or giving to the Village the exclusive privileges or rights herein before mentioned, and from any and all damages, costs and expenses on account of any acts or omissions of any employee or agent of the VILLAGE OF MOUNT PROSPECT. THE PARTIES SPECIFICALLY AGREE that the Grantors, their succes- sors and assigns, shall have the absolute right to use the afore- said premises for any purpose permitted by the ordinances of the VILLAGE OF MOUNT PROSPECT, in which the strip of land is located, provided however that no structure will be erected over, upon, or under the permanent easement, or the temporary construction ease- ment during the construction period herein granted, nor will any use be made which will interfere with the proper use of said per- manent easement or the temporary construction easement during such construction period. IN WITNESS WHEREOF, the Grantors have hereunto set thei~-~kands and seals this 16%h:~day of November , A.D., 199 3. _, _/ Jo-~ ~r~ia STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) I, N.C. Pamel , a Notary Public in and for the said County in the aforesaid State, do hereby certify that Jose Garcia and Rosalinda Garcia , 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 executed and delivered the said instrument as their own free and voluntary acts and deeds for the uses and purposes therein set forth. Given under my hand and Notarial Seal this 16thday of November , o NOTARY --2-- L/SFG/SFGll-12-3 ACCEPTED: VILLAGE OF MOUNT PROSPECT .,-~ COOK COUNTY, 'ILLINOIS BY: - VILLA/GE PRESIDENTJ VILLAGE CLERK I, ~-.o~--'T'~ O_... O.~,~Ge.~.~ , a Notary Public i~and roi' the said County in the afore/.8,aidState, doherebycertif-ythat (~r.,¢.¢,~.~ L. ~'A~SL.~,,J andL..;,~..o~. ~. ~-~,t_t~. , personally known to me td be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that they executed and delivered the said instrument as their own free and voluntary acts and deeds for the uses an purposes therein set forth. Given under my hand and Notarial Seal this My Commission expires: el- ~- Nota~ Public ~ O~de~ No.: 9303022(2) EusC ~ojecC No.: 19796.300 Village of Mount I=roapect ~u~e$ m~m 1 O0 South Emerson Street Mount Prospect, Illinois 60056 M~CH~EL ~ J~NO~S C~OL A. ~E~S Phone: 708 / 392-6000 Fax: 708 / 392-6022 TDD: 708 / 392-6064 November 15, 1993 Jose and Linda Garda 1450 West Lincoln Mount Prospect, Illinois 60056 Re: Easement Dear Mr. and Mrs. Garda: The attached check #72020 for $5,000.00 constitutes the full consideration paid for the Grant of Easement to the Village of Mount Prospect for the purpose of installing a flood relief sewer. Thank you for your cooperation. Very truly yours, MICHAEL E. JANONIS Village Manager MEJ/rco attachment Village of Mount Prospect "~'~ 1 O0 S. Emerson Mount Prospect. Illinois 60056-3266 MT..ROS~CT..,,NO~em~ ~ DATE CHECK NO. AMOUNT 11/15/93 72020 $5,000.00 PAY EXACTLY . . . FIVE~-'I~OI~S~-~D Nor}00 DOLLARS JOSE AI~ LII~DA GARCIA ........ ,., ..... 1450 WEST LINCOLN ., ~.~7~.. ~,.---.~ .~"~ -~ ,: .;.~ MO~ PROSPECT, IL. 60056 " ACCOUNT NUMBER INVOICE NUMBER : DESCRIPTION AMOUNT I 59-077-66-8013 PAYMENT FOR EASEMENT $5,000.00 $5,000.00 EXHIBIT B SHOWING A I0 FOOT PERMANENT EASEMENT TOGETHER WITH A 15 FOOT TEMPORARY EASEMENT IN PART OF LOT I OF INVERDALE ESTATES, BEING A SUBDIVISION OF PART OF THE NORTHEAST I/4 OF SECTION II, TOWNSHIP 41 NORTH, RANGE II EAST OF THE THIRD PRINCIPAL MERIDIAN, IN CO01( COUNTY ILLINOIS, ~c&h: 1" = 0 l& ';oOO ,.. \ '.. .,,.'.. z 5f! EASEMENT FOR ¢ m ~ ~ PURL C UT L TIES °-. , ~z '- ' " [; "q"i~-,.~ '\ \ "" '-' <:[ c} -S 0R B C O ~-m / /RESIDENCE / r'r fi r*-t'. .' .'. ;,,, ".. I PERMANENT--, ._ ~D 15'x40'~ ~ ~ X TEMPORARY ~ '.~ EASEMENT / ~ ~m' cu.a t ourr[~ HERETOF~E DEDICATED ...... /-- ,---~ ............ LINCOLN ...... ~g~.%[,;~o%5~.%;&7 SIEE/ --- CURB ANO 6UTIER [] TELEPHDRE CANNISTER · · , · FENCE LINE ~. UTILITY POLE ~ ~ m~.~. ~,~t'~, OVERHEAR WIRES )=( LIGHT POLE 0 CATCHBASIH [] TRAFFIC HANOHOLE 0 SANITARY )JAI~tOLE o 0 STORM MANllOLE m CONIFER(TJS TREE FIRE HYDRANT ~) VALVE [ VAULT ~ECIDUOUS TREE $ I~ELL CASINO ~ BUSH · PROPERTY CORNER TRAFFIC SIGNAL + CHISLEn CROSS P ~ILBOX DATEs 8-26-93 ORDER NO.s 930802E(8) PROdECT NO,~ 1979G,~SO0 INFEkgI'RUCrURE _ ISOI WOOl)FI/CD ROAD SUITE 200 EAST $CHAUMSURG ILLINOIS. 6017:5 ~ 7081605-8800