HomeMy WebLinkAboutRes 50-90 12/04/1990CAF/
RESOLUTION NO. 50-90
A RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT
AGREEMENT FOR PARKING PURPOSES PERTAINING TO THE
' ~TJNICIPAL PARKING LOT LOCATED AT THE
NORTHEAST CORNER OF MAIN STREET AND BUSSE AVENUE
WHEREAS, the corporate authorities of the Village of Mount Prospect
are the owners of Droperty generally located at the northeast
corner of Main Street and Busse Avenue, a portion of which property
is'an'existing municipal parking lot with the remaining land being
an unimproved lot; and
WHEREAS, in order to increase the number of parking spaces for
customers of the downtown merchants, the corporate authorities of
the Village of Mount Prospect have entered into a contract to
consolidate three pgrcels into one large municipal parking lot; and
WHERE~S, a portion of the parcel to be improved as one municipal
parking is under the ownership of Ping-Wen Kuohung, M.D., S.C.,
which property is operated as the Prospect Medical Center, which
also provides parking for the medical facility, legally described
as follows:
PARCEL 1:
The East 5~ fee~.of Lot 12 in Block 4 in Busse and Wille's
resubdivision in Mount Prospect in the West 1/2 of Section 12,
Township 41 North, Range 11, East of the Third Principal
Meridian, in Cook County, Illinois
PARCEL 2:
The South 32 feet of Lot 13 (except the West 96 feet thereof)
in Block 4 in Busse and Wille's resubdivision in Mount
Prospect in the West 1/2 of Section 12, Township 41 North,
Range 11, East of the Third Principal Meridian, according to
the plat thereof recorded March 31, 1906 as document 3839591,
in Cook County, Illinois
and
WHEREAS, Dr. Ping-Wen Kuohung has agreed that the best interests
of the medical center would be served by entering into an Agreement
with the Village of Mount Prospect to be included in the
consolidation and improvement of this parcel into one parking lot;
and
WHEREAS, in order to facilitate the consolidation of the parcels
into one large municipal parking lot, Dr. Pink-Wen Kuohung has
agreed to enter into an Easement Agreement, a copy of which
Easement Agreement, is attached hereto and hereby made a part
hereof as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES
OF.THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: The Board of Trustees of the Village of Mount
Prospect do hereby authorize the Mayor to sign and the Clerk to
attest his signature on the Easement Agreement between Dr. Ping-
Wen Kuohung and the Village of Mount Prospect, a copy of which
Easement Agreement is attached hergto and hereby made a part hereof
as Exhibit "A".
SECTION TWO: That this Resolution shall be in full force and
age 2 of 2
effect from and after its passage and approval in the manner
provided by law.
AYES: Arthur, Corcoran, Floros, Van Geem
NAYS: None
ABSENT: Bu$$e
PASSED and APPROVED this 4th day of n~n~mh~ , 1990.
Gerald L. Farley
ATTEST: Mayor
/S/ Carol A. Fields
Carol A. Fields
Village Clerk
EASEMENT AGREEMENT
between Ping-Wen Kuohung and Ching Hu Kuohung, his wife, (hereinafter referred to
collectively as 'Kuohung") and the Village of Mount Prospect, an Illinois Municipal
Corporation, 100 South Emerson Street, Mount Prospect, Illinois (hereinafter referred to
as the "Village"):
WITNESSETH,
WHEREAS, Kuohung is the legal titleholder to the following described real estate,
to wit:
PARCEL 1:
The East 50 feet of Lot 12 in block 4 in Busse and Wllle's resubdivision in Mount
Prospect in the West 1/2 of Section 12, Township 41 North, Range 11, East of the
Third Principal Meridian, in Cook County, Illinois.
PARCEL 2:
The South 32 feet of Lot 13 (except the West 96 feet thereof) in block 4 in Busse and
Wllle's resubdivision in Mount Prospect in the West 1/2 of Section 12, Township 41
North, Range 11, East of the Third Principal Meridian, according to the plat thereof
recorded March 31, 1906 as document 3839591, in Cook County, Illinois.
P.I.N. 08-12-103-019 and 08-12-103-027 and commonly known as 12 East Busse. Mount
Prospect~ Illinois (referred to herein as "Parcel A'); and
WHEREAS, the Village is the owner of the real estate legally described as follows:
The west 103.82 feet and the north 142.39 feet of Lot 12 in Block 4 in Busse and
Wille's Resubdivision in Mount Prospect in the west 1/2 of Section 12, Township 41
North, Range 11, East of the Third Principal Meridian in Cook County, Illinois; and
Lot 13 except the South 32 feet thereof in Block 4 in Busse and Wille's Resubdivision
in Mount Prospect in the West 1/2 of Section 12, Township 41 North, Range 11, East
of the Third Principal Meridian, according to the plat recorded March 31, 1906 as
Document3839591, in Cook County, Illinois.
P.I.N. 08-12-103-031; 08-12-103-032; 08-12-103-014 and 08-12-103-017 and commonly known
as the Northeast Comer of Main Street (Rt. 83) and Busse Avenue~ Mount Prospect, Illinois
(referred to herein as "Parcel B');
NOW, THEREFORE, for and in consideration of the sum of ten ($10.00) dollars and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Kuohung hereby conveys and warrants to the Village an exclusive easement for
purposes of constructing a unified parking lot for the benefit of Parcel B, over, under and
across the area designated as "area 1" on the Survey of Parcels A and B attached hereto and
made a part hereof (herein "Survey"); reserving unto itself the right to place signs indicating
that those parking spaces designated as "area 2" on the Survey shall be reserved for use for
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arking purposes by it and its licensees. Subject to the rights of Kuohung as set forth
herein, the Village shall have a perpetual fight-of-way over and the perpetual right to
establish, maintain, use for parking purposes, repair or replace the parking lot currently
located on Parcel A.
2. The Village hereby conveys and warrants to Kuohung a non-exclusive easement
for the benefit of Parcel A, over and across the area designated as "area 3' on the Survey.
Kuohung shall have a perpetual fight-of-way over and the perpetual fight.to use for parking
purposes the parking lot currently located on Parcels A and B.
3. The Village hereby conveys and warrants that Kuohung shall have the right to
extend a connection for water service to a public water main across Parcel B. Such service
connection shall be made at the time of parking lot construction.
4. This easement shall not be deemed in any manner to convey to the Village of
Mount Prospect any interest, fee or otherwise other than that set forth herein.
5. Kuohung shall have reserved for the use of his premises 12 parking spaces.
6. The Village shall, at its expense, be responsible for the paving, maintenance,
parking lot striping and snow removal for parking lots on Parcels A and B. The Village
shall also be responsible for snow removal on the public sidewalk in front of Parcel A, as
well as the acquisition and placement of signs as noted in Paragraph 1 herein. In addition,
the Village agrees to hold Kuohung harmless and fully indemnified against any third party
claims which might arise as a result of the Village's responsibilities under this Agreement.
7. In the event that the Village hi~s breached this Easement Agreement, Kuohung
shall have the right to terminate it upon 60 days written notice to the Village of Mount
Prospect provided that the Village shall have the fight to cure said breach within that 60-
day period.
8. Kuohung shall authorize an easement to the Village for the purpose of relocating
overhead electric and telephone lines to underground locations. Such easement document
shall be prepared by the Village, and executed by Kuohung.
The easement created by this Agreement shall be deemed to be an easement
appurtenant to and running with the land and shall be binding upon and inure to the benefit
of any future owner of either Parcel A or Parcel B and to any and all of those who may
from time to time hold any interest or estate in said parcels.
DATED this ]/-/~5~ day of ~/~g-~/~.,~-e~ , 1990.
VILLAGE OF MOUNT PROSPECT
PYng-Wen Kuohungc~?
Ching H-uqKuohung '
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