HomeMy WebLinkAboutRes 15-86 06/03/1986
RESOLUTION NO.
15-86
A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE
MOUNT PROSPECT PARK DISTRICT
WHEREAS, the Village of Mount Prospect entered into an Agreement
with the Mount Prospect Park District on the 15th day of
August, 1967, relative to a certain forty (40) year easement,
granted by the Village of Mount Prospect to the Mount Prospect
Park District; and
WHEREAS, the Village of Mount Prospect and the Mount Prospect
Park District acknowledge and recognize that said easement has
been extinguished by operation of law by its terms and that it
has not further rights in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the Mayor of the Village of Mount Prospect and
the Village Clerk are hereby authorized to execute the Easement
Abrogation Agreement attached hereto as Exhibit nAil.
SECTION TWO: That the Village Clerk is hereby directed to
forward a copy of the executed Easement Abrogation Agreement,
being the snbj.ect of this Resolution, to the Mount Prospect Park
District.
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:
Arthur, Farley, Floras, Murauskis, Van Geem
NAYS:
None
ABSENT: Wattenberg
PASSED and APPROVED this 3rd day of June, 1986.
ep.{~ ß j;{,. < . "-<
Carolyn H 8 Krause, Mayor-
ATTEST:
M Y ¿þß/
Carol A. Fields, Village Clerk
Mt. Prospect Park Distr jet
411 South Maple. Mt. Prospect, Il60056 . (312) 255-5380
May 13,1986
Mr. Mike Janonis
Village of Mt. Prospect
100 S. Emerson Street
Mt. Prospect, II 60056
Dear Mr. Janonis:
Enclosed please find four copies each of the following:
MPPD Resolution No. 220 - Easement Abrogation
Agreement
Easement Abrogation Agreement
Please have the Village Board President and Village
Clerk sign and seal the agreements, keeping two sets
(one for the Village and one for Attorney Springer),
and return two signed and sealed copies to me for my
file and transmittal to the Park District Attorney.
Thank you, and
Sincerely,
MT. PROSPECT PARK DISTRICT
C
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Mary L. Johnston, for
Thomas T. Tayler, Director
Parks and Recreation
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encs (8)
Thomas G. Hof:fman
Barry Springer
RESOLUTION NO.
220
MT. PROSPECT PARK DISTRICT
A RESOLUTION AUTHORIZING THE MT. PROSPECT PARK
DISTRICT TO ENTER INTO AN EASEMENT ABROGATION
AGREEMENT WITH THE VILLAGE OF MT. PROSPECT
WHEREAS, the Mt. Prospect Park District ("Park District")
entered into an agreement ("Agreement") with the Village of Mt.
Prospect ("Village!l) relative to a certain forty (40) year
easement granted from the Village to the Park District, a copy of
which agreement is attached as Exhibit A to Exhibit 1 thereto; and
WHEREAS, the Park District acknowledges and recognizes that
said easement has been extinguished by operation of law by its
terms and that it has no further rights in said Agreement.
NOW, THEREFORE, BE IT AND THE SAME IS HEREBY RESOLVED that
the President and Secretary of the Park District are authorized
and directed to execute and deliver to the Village of Mt.
Prospect an agreement in the form attached hereto as Exhibit 1.
PASSED:
APPROVED:
RECORDED:
This
This
This
12th
12th
12th
day of
day of
day of
May
May
May
, 1986.
, 1986.
, 1986.
VOTES:
Ayes: Co~nissioners Clowes,
Christensen, Rose and Schaap
Nayes:
None
Absent:
Commissioner Argus
cJ,' . (f)
(7./~ ðJ1 ( I~
Piesident
ATT.E$!f-:' :!'/? .~
~.~~.C4;f. ~ ;;;~~i~:,. (ç, ~t:i¿:~t4'i.4~J
Šecr,ktaryV
(Seal)
STATE OF ILLINOIS)
)
COUNTY OF COO K )
SSe
I, TIMOTHY L. SCHAAP, DO HEREBY CERTIFY that I am the duly
elected, qualified and acting Secretary of the Mt. Prospect Park
District and of the Board of Commissioners of the Mt. Prospect
Park District; and that I have access to and am custodian of the
official Minutes of the Meetings of the Board of Commissioners
and of the Mte Prospect Park District.
I DO FURTHER CERTIFY that the above and foregoing is a true
and correct copy (duplicate) of a certain resolution entitled:
RESOLUTION NO. 220
MT. PROSPECT PARK DISTRICT
A RESOLUTION AUTHORIZING THE MT. PROSPECT PARK
DISTRICT TO ENTER INTO AN EASEMENT ABROGATION
AGREEMENT WITH THE VILLAGE OF MT. PROSPECT
that the foregoing was passed by the Board of Commissioners of
said Mt e Prospect Park District on the 12th day of May p
1986, and was on the same day approved by the Secretary of the
Mt. Prospect Park District; that it was filed and recorded in the
office of the Secretary of the Mt. Prospect Park District of
which the foregoing is a true copy (duplicate) and is now on file
in the office of such Secretary.
GIVEN under my hand and seal of the Mt. Prospect Park
District this 12th day of May , 1986.
751;::>/ / (--~ ,(-<'
. i-~~:-;ß,;??/"ct'~~É~Íit f ÄR 1/ J~ '7-J
Mt. prospeçi Park Dis~rict
Cook County, Illinois
(SEAL)
AGREENENT
--~- -,,----
This Agreement entered into this ~~f day of fl~e~ .
--- -~---------'-
1986, at Mount Prospect, Illinois, by and between the Village of
t1ount Prospect, a municipal corporation, Cook County, Illinois
(hereinafter referred to as the "VillageH), and the :-1ount Prospect
Park District, a municipal corporation, Cook County, Illinois,
(hereinafter referred to as ¡¡Park District").
WITNESSETH:
WHEREAS, the parties have heretofore entered into an Agree-
mcnt relative to a certain forty (40) year easement grant from
the Village to the Park District, a copy of which Agreement being
attached hereto and made a part hereof as Exhibit A; and
WHEREAS, the Park District acknm,,¡ledges and re('ngnizes
that said easement has extinguished by operation of law by its
terms and that it has no further rights in said Agreement.
THE PARTIES AGREE AS FOLLOWS:
1. Said Agreement and easement are abrogated, dissolved,
cancelled and repudiated.
2. The parties shall adopt resolutions authorizing the
execution of this Agreement by the President and Clerk of the
Village and President and Secretary of the Park District.
IN WITNESS WHEREOF the parties have caused this Agreement
to be entered into and their corporate seals affixed on the date
and at the place first above mentioned.
VILLAGE OF MOUNT PROSPECT.
a municipal corporation,
MOUNT PROSPECT PARK DISTRICT,
a municipal corporation,
By dJJ {)r ~ ~-~--~
Pl.esident
BY__~~ II ~A'L
Preside t ~
ATTEST, ,~2 . "
Clerk
ATTEST:
Ð:fiIBI-r
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'I'j¡11J J\v't'cIT£:nt cnten,j into thIs --~~~~ óu.y of
-..f¡AJ/".I ~-~J 1;;61. lit fb~!Ht Pr'Cn:¡¡ect. 1111no1s. by md bct,^::cn
t~ VIL!.JIGE or ¡n'JIIT m<x;!'!,;cr. D. m1l11c.1pal COI'pONJUOn, COc'Jk CCWlty.
IH1nols (he:I'Clnll.ftcr reft'n'«d to HB ti-c "VJU.J,OE")t and the IDLNT
I'T~X;HLT PARi{ DlSnUCT. IJ. HJ\.m1dp¡ù coT110r¡jUDn. Cook Covnty. J11!rols.
(hcn.;1naftcr rçfcrred to fIl) "PAnK DI.:mnC~r").
WIT¡;¡'-SSE11l:
1-:¡1EIŒ/IS. the PM{ ( DI~1'IUCT 1n Hi"- interest of pru,othg He
public imÜth. fUrl fI()l1t1unl park facilities of Us r'C51dents. r;:-quires
certn1n real p;:"(Ty':Jl1;y faJ.' too puITKìDe of' expun::Ung its presr.>nt facilities
in the
operating ard ¡¡()jnta.1n1n,;; of a ¡'lJrk District £Ûlt COUl'"C¡ anj
¡',liEREAS, th: VJIt4GE OhT..3 Jert1l1n real property. within the
. I .
of the VlLLf..GE rud ndJaccnt to the existing rAHK DlS1ìUCT golf
,
lintlts
courve. erd 15 ëble mrl. "HUng to provide a certain p::Jrtlon of t.;R1d
pr~'Ax:rty to tr~ P/û1Y. DL')11UCT ferr tha a1'orcr;.'!id UM" Lll in r.=cc.åancc
. ..
w1th the terrfJS of th1ß J\greeræ'!1t¡
1)(1.4, TH£,!'.EF()RE, roR AND IN CWSIDtFJŒIW OF TIll l-ViUAL
ccrV!:1JA!lrs OO¡,¡rAllŒD ifLf"¿JJj AND fOR 011\EJ1 GOOD AND VÞlJJAI'1..E CCHSIDFRATION,'
nECE.llT OF t:aCH IS ACKJai1.EJ;,Y.£:;D }~'ITII TrlE PARTIES ro Jil:..h.:.'3:{ AG?Œ
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A3 FOIliJ..'S' . ,~ ," ~'¡ ~: ~.L ;, . .
, "'. ".","~", ,~¡(..
1.
'n1e ~E 8.gI"€'OE! to ¡;rant n forty (IIO) ~'cnr eMcr:ê.ôt
to tie PARK DISIRIGT for a certain trnct of real property to 00 used
by the rAnK DISTRlGl' in COnJ1.I;"lCt1on .l1th the cr,,>crntlon or its golf
course.
2.
'lhe PlInK DISImer n..~rccs:
II,
To use the pmpcrty described hèrcin:li"ter in said
Ca3L'frcnt solely for the purpose of t:xpanding Hs present existing golf
CCfæ"SC arrl for no ot~r purpose; am if the PARK DISTRICT ccruKS to use
the property for S<1id PWP;)5(.: it agrees tInt :;t1iù car>CITCnt ::-,113.11 be
tl:¡mlnatcd by o¡::><>..rntjon of 1ml.
1':õ¡¡;1'. ].
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B.
To pay U~ VJU,AGC for tb-:: erl:;C, cot Nd t.;'3C of :-,,",1<1
pr-c:pu:1.y tt..~ fo]1<.M11E; ¡¡;¡cunts:
(1) TIt:! !JIm) of r"-cvtn T!fj\1c,'Jd Five Hu,jr,-'d :1rd !Unety
P.4þt 1);)11111"8 H7.59ß,OO). with the d&nlr~ of this I~Qccn:'nt. p1us
(2) Cn" r,;;]1.D.r 01.00) f'cr' yc<æ o"l'ing the tcnn of thi.5
1:!J~Ui"!nt.
c.
To ¡;cJntilln public l1ûbllJ ty 11::")l<J,CC in 5l,,;h LT:Yc1"1le
fi.':! rr.ay f¡'.xu t1rr><i to thY'- b<:: ó>'r.lgrm_tlx2 by tI~ VILLAGE :1ndc¡:nifylr,,::; the
VHLM1E DO Ci'¡¡ to b.'!'p. r".vc. truj t¡f,)ld hi'ù'¡¡¡lc:.m the VIUlCE f'rc-m '>JOY
and ;,11 (,~;,,'n.g(:5 rurl Ijnb,U1t.y far" nnylh.II<; end cverythh¡g ~:h[itcver
111'1511::3 f¡--an or out of u¡ U~) occupnncy by or urdcr ttt"!. f'tJUC DI::,I'fUCT.
it.6 crr~.loY~-1J!"i or Ô'JrVant.Bt itð gu'_'Dtf!, rod f'rcrn l'.J1Y 1es5 or ð<ii\agea
nrlalng frun ('.,ny Thult O'r~r{',:tllg¡;n:::~ by u~ PilfUC ['IDnUCT or nny failure
0:1 the part of'th-J rfùìK Dlmmc1' to ccx;¡ply íiith ¡:J~ of ux; cov("fh"lTltet
f
tcrn3* Drd ccnjl tic-rill r,'21'dn ccntlLtn":'d.
3.
TIt'.. prtkG do fur'ther suet?:
A. 'ih3.t th~ 5ubjœt pn:'pcrty of this tE;rc-cncnt 11'1
lcynlly dencrl~~ h~.~ln as follov~, to-wit:
Lot 33 (except. the West 0.78 feet ther<:-of), Lot 3~ 8,n1
lot 35 in IJorUr.;",t ¡ana Country Club Subd1v:1oion. beirg
a. lJu~'Új,'\Ihlm of parte of Southwc::¡t quarter of Sc-ction 11,
Tcrom.-.hip ~l n::n-th, fl.'l.rge 11, Blat of the 'Ildrá I'dn<:lpal
M9rld1!1n, 1n Cook Oounty, IlUnois.
.
B.
'Ih9 tam(' of thll! C(J,!J(~~¡cnt ¡;-,-, be cxtcn:5:::-d l>e,j'crd
tt"~ forty ye.!lr'S p.r-o\'1èed the portlc:'! rutu!1l1y r:gree to do ::'0 at lea5t
zix ¡nz..nths prier to the expiration of this term.
C. Toe rtdU{ DIsrrucr sh1.11 rmlnté\.in~ Keep moW'~>d a.rrl
trlJrm:>d. the fu"'C'!1 provided in B<Úd (:D.sc!1cnt.,
D. ',:0 miD¡ l ¡"solutions nutlrcrlzliig the cxc<:ût1oo or
the in9tant f\S'N,c;;-e:-¡t by to? i'l~(Jiili:nt f.:'rl Clerk of the VIILACE and,
l"'rcGldcnt aId Secretary ot too rAnK DIS1TUCT.
ri't~;C 2.
~-~---------------_. ----'-------------
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111 hTI1IT::SS \MJ:¡<J:DF the pnl'LlcrJ !Fêr-¡,by h.:,';c C[¡\1~.{<j UIiß
f;gret:m:::nt to be entered mto <.!rd tk~r cor¡>:;ratc ~ ':nls IlffiHd on
the rote arrl at t!~ plt\cc nn¡t above ¡;p:ntiorL"d.
/~
VIu:,æ OF WlJ¡~,~~~X:Wt.:Gr, mtr.:l' nO:JILT :~::;.. DJ3l'¡\ICT,
. "."c1~'Y~ . nm"'p<ù :,cr"~"dM' ,
P,. ~'" ,Í!Íf, -;, '7'} Z::'~.t---Yy: 1" . .Gt47ú!,,~~:_--
". Þ£'wcnt. TC fJ en....
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ATTFST: 7?~/'t[:!c._--~~:..ý~v,~,,- fœ¡r..<Jr: r'-~~~{/ (¿j-!..1"~4~"
t{lcrK . l-SJï'""~f I . .,cere very
l"ÐgC 3.
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'--"'---'----
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'-'..- -- -------------- -..-
AGREEMENT
This Agreement entered into this 12th
day of
May
1986. at Mount Prospect. Illinois, by and between the Village of
Mount Prospect, a municipal corporation, Cook County, Illinois
(hereinafter referred to as the "Village"). and the Mount Prospect
Park District. a municipal corporation. Cook County. Illinois.
(hereinafter referred to as "Park District").
WITNESSETH:
WHEREAS. the parties have heretofore entered into an Agree-
ment relative to a certain forty (40) year easement grant from
the Village to the Park District, a copy of which Agreement being
attached hereto and made a part hereof as Exhibit A; and
WHEREAS, the Park District acknowledges and re~ognizes
that said easement has extinguished by operation of law by its
terms and that it has no further rights in said Agreement.
THE PARTIES AGREE AS FOLLOWS:
1. Said Agreement and easement are abrogated, dissolved.
cancelled and repudiated.
2. The parties shall adopt resolutions authorizing the
execution of this Agreement by the President and Clerk of the
Village and President and Secretary of the Park District.
IN WITNESS WHEREOF the parties have caused this Agreement
to be entered into and their corporate seals affixed on the date
and at the place first above mentioned.
VILLAGE OF MOUNT PROSPECT,
a municipal corporation.
MOUNT PROSPECT PARK DISTRICT,
a munic~pal corporation.
,! ..'. I~
BY~ ~'L~.
President
By t!cVf.~ Il Þ: IV . tL "-
Preside
~;X~~,
ATTEST:. - - ... '4~
Clerk
A TTE S T;¿~~'~><~:~:)t:...¿9;.t];"~'; ¿;~:';:;{~':~ÆØl~:}
. ~
Secretary / Y
-----"
. '>'"
^CRl:H~'m'
'Ibis Agreement entered into this I ~~~ day of
l~r..,....Y' 1967, at ~bunt Prospect, Illinois, by and between
the V'.I.U.AGC'; OF r~ mœ:;pF.C'r, a nunlclplÙ. corporation, Cook County,
Illinois (hcreÜ1after refcIToo to as too "V1UJ\OE") & end the t'DWl'
PROSFECT PARK DISmICT, a municipal corporation, Cook County, 11110015,
(hereinafter referred to as "PARK DIS'rnICT").
WI'1."NESSEI'! t :
WHEP.EAS, the PAro< DISTIUCT in the interest of praootl~ tl-e
public health, BOO aàiit1c:rIÐJ. park facilities of 1ts residents, reqt.¡1res
certain real pl"'Cpertl tor the puI1)Oee of expw1dlng its present facilities
in the opcrat~ ard II81nt~ of a l'ark District f§'lf course ¡ and
WHERF.AS, the VIÙ..AaE 0M'I8 Jerta1n real property, within the
. i .
Umlts of the VJLL.ðDE ani pdJacent to the ex1at1r1g PARK DIS'mlCT geU
I
course, end 1s able and w1.ll1J1¡; to provide a certa1n portion 01' said
property to the PARt D.ISTRICT tOl:' the aforesaid use, all 1n accordance
$ . - .
with the teme of th1ß Agreement;
IDa1, ~, FUR AND IN CONSIDI:F.ATIOO OF 'mE fi:I!l'UAL
COVI:'NANrS OONl'AINED HEAEIN AND FOR CI'I1irn GOOD AND VAIJ.JABLE CXtJS:mæATION,-
lìEŒIP'1' OP \mCH IS ~ HfJÐlI'DI, '.mI!: PAR'l'IES IX) fJEREBr N.mEE
M POWMS: "':~(~-" ::~~:.~'_.:~~~¡,i~~,;':.:' .
1. '!be ~E agrees to grant a forty (110) year easement
to the PARK DISTRICT fer a certain tract of real property to be used
by the PMK DISl'RlCT in conJunctioo with the operation of its golf
course .
2. The PARK DISmICT O:':Ncs:
1\. To use the property described rereinafter in said
Ca3C.-ment solely for the purpose of I::xpanding its present ex.1sting golf
COUI'80 ani fer no othE:r purpose ¡ and if too PAm< DISmICT ceases to \.1M
the property far said pul1JO$e it ugrees that said easeoont shall be
tcrmlmtcd by opernt1on of law.
. l"::Ip:P. 1.
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B, To pay tœ VIlLAGe for the clls(.mmt am use of said
pl'q)t:rty the followi~ EIIIOW1tS:
(1) '!he 8\.UII of Seven 'l'h.Jusani F1 vc Hurdred am Ninety
E1ght Dollars ($7,5913.00), with the e.1gnln¡; of this Agreerœnt, plus
(2) 000 tOl.1.Dr ($l.()O) pCI' year dur1J1g too tenn of this
easement.
C. To na1ntain public liability insurance 1n such amounts
as may rran t~ to time be designated by the VILLAGE 1nde1m.ify1rß the
V1ILI\Œ eo as to keep, save. and hold harmless the \I1LIJ\I'JE from an:¡
and all dMIIgea and liability for anyth1rg and everythil"6 whatever
ar!sq rran or out or by the occupancy by or lJI"der the PARK DIS'I'1'!ICT,
its cq>loyees or servants, its gut:eta, on! i'ran IlI'\V 1099 or d¡:m¡¡gcs
ar18111g fran any fault or ~negligenc~ by too PIIRK DI3rn1CT or any failure
on the part of 'the PARK D:tmmCT to cŒ1>ly with W1' of the covenants,
I '
terns, and cc:n11tl00a herein cmta.1ned.
3. Tœ parties 00 further agree:
A. That the 8UbJect property of this AgneIœnt 18
lettnlly described herein as follows, to-wit:
Lot 33 (except the West 0.18 feet tooreof), Lot 3/ am
Lot 35 in Northwest Hille Country Club Subdivision, beir'g
a s\.tJd1v181on of parts or Southwcot quarter of Section 11,
'.l'own8h1P III North, ~e 11, East of the 'lb1rd Pr1ncipal
MBr1d1an, in COOk County. nl1nois.
.
B. The terms ot this C!1sement 1:".-' be exten1ed beyood
the forty yeen provided the parties IlUtually ogree to do DO at least
six mcnths prior to the expiration of this term.
c. The PflHK DISl"IUc:r shall walnta.1n, keep mowed am
trlJlmed. the area provided in øa.1d easelœnt..
D. '~'o!\do¡ \; rvsolut1ons author1z~ the execútl<r¡ of
the 1Mtant Agnement by the Pre151œnt em Clerk or too VILLAGE and
President and Secretary ot the PMIK DISTP.1CT.
rn¡~ 2.
."'.
IN wrrNESS WlIE1UÐF the plU'l..lCB hereby have caused th1.8
Agreeømt to be entered into ar4 theJr corporate seals arfbed on
the date øn1 at the place first abOve mentioned..
MJUttr mos.PEC'1' PARK DIsmICT.
a I1U\1clpal Corpanlt1on.
By: 'C/~~
f"résldent
~. ,-Þ. ~ t'
1trJI!Ilr ,A ~-.J"o/f ~='
~v U'~/c~
ere ar¡
rage 3.
'--_.