HomeMy WebLinkAboutRes 28-85 05/21/1985
RESOLUTION NO. 28-85
A RESOLUTION APPROVING AND ACC~PTING AN EASEMENT
FOR STORM SEWER PURPOSES WITHIN THE KENSINGTON CENTER
FOR BUSINESS
WHEREAS, OpUS Corporation is developing an industrial park
commonly known as Kensington Center =or Business; and
WHEREAS, Opus Corporation is i.n the process of developing
Lot 401 and Lot 30l-B and has undertaken the project of
installing an underground storm sewer in and under said
Lots 401 and 30l-B¡ and
WHEREAS, in order to proceed with the installation of said
storm sewer system it is necessary to obtain an easement
in and under the subject property for the purpose of installing,
constructing, reconstructing, operating, repairing, maintaining,
renewing, and to remove or replace said storm sewer; and
WHEREAS, the non-exclusive easement document has been executed
by the parties within the Kensington Center for Business and
the Village of Mount Prospect does deem it to be in the best
interests of the Village to accept said easement as specified
herein.
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 and the Village Clerk are hereby
authorized and directed to execute the easement agreement on
behalf of the Village of Mount Prospect and to take all
further steps necessary to record the Agreement with the
Recorder of Deeds of Cook County, Illinois.
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:
6
NAYS:
0
ABSENT:
0
PASSED and APPROVED this 21stday of
May
, 1985.
LJI~
Village Clerk
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Mayo
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EASEMENT AGREEMENT
THIS
EASEMENT
AGREEMENT
(this
"Agreement")
is
made
day of
, 1985, by and among OPUS CORPORATION,
the
a Minnesota corporation,
authorized to transact business in the
State of
Illinois as Opus Designers,
Builders, Developers,
Inc.
("Opus"),
AMERICAN
CYANAMID
COMPANY,
a
Maine
corporation
("Cyanamid" )
(Opus
and
Cyanamid
are
referred
to
hereinafter
collecti vely as the
"Grantors"),
and the VILLAGE OF MOUNT PROS-
PECT, an Illinois municipal corporation (the "Grantee").
WIT N E SSE T H
WHEREAS,
Opus
is the owner of certain real
estate in
Cook County, Illinois,
("Lot 401") described as follows:
Lot 401 in Kensington Center - Resubdivision Fourteen,
in part of the North Half of Section 35, Township 42
North, Range 11 East of the Third Principal Meridian,
as shown on the plat thereof recorded August 7, 1984,
as Document 27204265 and also filed in the Office of
the Registrar of Titles as L.R. 3386983, all in Cook
County, Illinois;
WHEREAS,
Cyanamid is the Owner of certain real estate
in Cook County, Illinois,
("Lot 301--B") described as follows:
Lot 301-B in Kensington Center - Resubdivision Fourteen
in part of the North Half of Section 35, Township 42
North, Range 11 East of the Third Principal Meridian,
as shown on the plat thereof recorded August 7, 1984,
as Document 27204265 and also filed in Office of the
Registrar of Titles as L.R. 3386983, all ln Cook
County, Illinois;
WHEREAS,
Grantors
intend
that
Opus
shall
install
and
construct
an underground storm sewer
in
and under certain por-
tions of Lot 401 and Lot 30l-B;
WHEREAS,
Grantors,
subject
to
the
matters
set
forth
herein,
desire
to
grant
to
Grantee
a nonexclusive easement to
reconstruct, operate, repair, maintain, renew, remove and replace
said underground storm sewer ln,
upon,
under,
along and across
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certain portions of Lot 401 and Lot 30l-B (the "Easement Parcel")
described as follows and shown in the drawing attached hereto as
Exhibit A:
e
A strip of land, 10 feet in width, being 5 feet each
side of the center line of said strip, said strip being
bounded on North by the North line of said Lot 30l-B
and on the South by the East line of said Lot 30l-B,
said center line running Southeasterly from a point on
the North line of said Lot 301-B which is 20 feet West
of the Northeast corner of said Lot to a point in the
East line of said Lot which is 38 feet South of the
Northeast corner of said Loti
Also:
The West 10 feet of the North 658 feet (except the
North 30 feet thereof) of said Lot 401 together with a
strip of land 10 feet in width, being 5 feet each side
of the center line of said strip, said strip being
boun'ded on the West by the East line of the West 10
feet of said Lot and bounded on the East by the
Southeasterly line of said Lot 401, said center line
running East from a point on the West Line of said Lot
which is 47.20 feet North of the Southwest corner of
said Lot to a point in the Southeasterly line of said
Lot which is an arc distance of 160.68 feet (as
measured on the Southeasterly line of said Lot)
Northeasterly of the Southwest corner of said Lot 401;
WHEREAS,
the Grantee desires to accept the grant of an
easement from Grantors to reconstruct, operate, repair, maintain,
renew,
and
storm sewer in and
replace
said
underground
remove
under the Easement Parcel;
NOW, THEREFORE, for Ten Dollars ($10.00) and other good
and
valuable
consideration
paid
by
Grantee
to
Grantors,
the
receipt
and
sufficiency
of
which
is
hereby
acknowledged,
the
parties hereby agree as follows:
1.
of
Grant
Easement.
do
Grantors
hereby
give
and
grant to the Grantee, a nonexclusive perpetual easement to recon-
struct, operate, repair, maintain, renew, remove and replace said
underground storm sewer in and under the Easement Parcel.
2.
Nonexclusive.
The
acknowledges
Grantee
that
its
rights
and
to
the Easement Parcel under this Agreement are
ln
nonexclusive
and
subject
the
rights
to
of
other
parties,
are
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including the right of Northern
Illinois Gas Co.
in and to the
Easement Parcel,
and the Grantors may grant oth~r rights in the
Easement
Parcel.
Notwi thstanding the nonexcl usi ve nature of the
easement granted herein, Grantors agree that no other utility use
may be made of the underground easement
area encumbered by the
easement
granted
wri tten approval by
herein without the prior,
the Grantee of the proposed use and construction related thereto,
which consent shall not be unreasonably withheld or delayed. The
easement rights granted herein are located in and restricted to
the
below
the
surface
of
the
ground,
and
this
area
Agreement
grants no rights to use, occupy,
or alter any area of the ground
surface
of
the
Easement
Parcel
except
reasonably
and
as
temporarily necessary to afford access to the storm sewer line.
The
Grantors
the
Easement
Parcel
for
may
use
any
purpose,
including
paved
roadways
and
parking
which
do
areas,
not
unreasonably interfere with the uses permitted hereunder.
3.
Public
agrees
Improvement.
Opus
that
the
storm
sewer
shall be
according to
installed in a workmanlike manner,
approved,
sound
engineering
practices.
The Grantee agrees that
the
shall be repaired, maintained, renewed,
storm sewer
removed
and
replaced
by
the
Grantee
public
improvement
of
the
as
a
Village of Mount Prospect. The Grantee shall keep the storm sewer
in good order and repair, and in clean and healthful condition.
4.
Prior Notice.
Except as required in an emergency,
the
shall
Grantee
give
the
notice
Grantors
of
its
intent
to
perform
activities
at the Easement Parcel
at least twenty-four
(24)
hours
prior
the per f ormanc e of
to
such acti vi ties,
and a
representative
of
the Grantors
shall be permi tted to accompany
the
Grantee's
representatives
at
any time the Grantee I s repre-
sentatives are conducting activities at the Easement Parcel.
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5.
Duration.
The duration of this Agreement and the
rights granted herein shall be perpetual, provided, however, that
the easement granted herein may be terminated,
at the option of
the
Grantors,
if
the
Grantee
fails
to perform its
obligations
hereunder,
and such failure continues for more than thirty
( 30)
days
after notice of such failure is given to the Grantee. Not-
withstanding the foregoing right to terminate,
such remedy shall
not
constitute
the
Grantors'
sole
remedy
hereunder,
and
the
Grantors shall be entitled to any other remedy, including injunc-
tive relief,
available at law or equity by reason of Grantee's
default hereunder.
Engineering Drawing.
Opus shall furnish to Grant-
6.
ee an engineering drawing accurately showing the installed loca-
tion of the underground storm sewer.
7.
Notices.
Any
notices
to
be
glven
under
this
Agreement shall be in writing, and shall be delivered personally,
or mailed
by certified mail,. return receipt requested.
Notices
shall be addressed as follows:
If to the Grantors~
Opus Corporation
800 Opus Center
9900 Bren Road East
Minneapolis, MN 55343
Attn: Law Department
American Cyanamid Company
One Cyanamid Plaza
Wayne, New Jersey 07470
If to the Grantee:
Village of Mount Prospect
100 South Emerson
Mount Prospect, IL 60056
Notices shall be deemed given when received, if deliv-
ered personally, or when mailed, if mailed as described herein. A
party may change the address for notices to it by a notice given
as described herein.
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8.
Successors
and Assigns.
This Agreement shall be
binding upon and inure to the benefit of the parties hereto and
their respective successors and assigns.
IN WITNESS WHEREOF,
the
parties hereto have executed
this Agreement as of the date and year first above written.
OPUS CORPORATION, authorized to
transact business in Illinois
as Opus Designers, Builders,
Developers, Inc. '
By:
Its:
Attest:
By:
Its:
AMERICAN CYANAMID COMPANY
By:
Its:
Attest:
By:
Its:
THE VILLAGE OF MOUNT PROSPECT
By:
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Its: /I/JJ-7ÎrJ-tç jJj(£S;Dt=/Ji
Attest: jJ ;/; ,
By : _~Æ2/Hrê y, ß~:v
(] J.. £' ¡( t<.
Its: {/1.LL;ftfE
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STATE OF
)
) SS
)
COUNTY OF
I, the undersigned, a Notary Public, in and for the
County and State aforesaid, DO HEREBY CERTIFY that
, personally known to me to be
the of Opus Corporation, a Minnesota
corporation, and , personally
known to me to be the Secretary of said corporation, and per-
sonally known to me to be the same persons whose names are sub-
scribed to the foregoing instrument, appeared before me this
day in person and severally acknowledged that as such
and Secretary, they signed and delivered the said instrument
as and Secretary of said corporation, and caused
the corporate seal of said corporation to be affixed thereto,
pursuant to authority given by the Board of Directors of said
corporation, as their free and voluntary act, and as the free
and voluntary act and deed of said corporation for the uses
and purposes therein set forth.
day of
Given under my hand and notarial seal, this
, 1985.
Notary Public
My Commission Expires:
'r
.
"
"
)
) SS
)
STATE OF
COUNTY OF
I, the undersigned, a Notary Public, in and for the
County and State aforesaid, DO HEREBY CERTIFY that
, personally known to me to be the
of American Cyanamid ,Company, a Maine corpora-
tion, and , personally known to me to be
the Secretary of said corporation, and personally known to me
to be the same persons whose names are subscribed to the fore-
going instrument, appeared before me this day in person and
severally acknowledged that as such and Secre-
tary, they signed and delivered the said instrument as
and Secretary of said corporation, and caused the corporate
seal of said corporation to be affixed thereto, pursuant to
authority given by the Board of Directors of said corporation,
as their free and voluntary act, and as the free and voluntary
act and deed of said corporation for the uses and purposes there-
in set forth.
day of
Given under my hand and notarial seal, this
, 1985.
Notary Public
My Commission Expires:
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STATE OF ILLINOIS
)
) SS
)
COUNTY OF COO K
I, , the undersigned, a notary
public in and for the County and State aforesaid, do hereby
certify that personally known to me to
be the of the Village of Mount Prospect, a muni-
cipal corporation, and , personally known
to me to be the of said municipal corporation,
and 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 severally acknowledged as said
and they executed said instrument as
and of said Village of Mount Prospect
and caused the corporate seal of said Village of Mount Prospect
to be affixed thereon, pursuant to the authority given by the
Board of Trustees of said Village of Mount Prospect as their
free and voluntary act and as the free and voluntary act of
said village for the uses and purposes therein set forth.
day of
Given under my hand and notarial seal this
, 1985.
Notary Public
My Commission Expires:
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EXHIBIT A
Sewlce Suevel/IJlfI & Gnplnee/:/H9 eðmpaNJI
103 N. EMERSON ST. (P.O. BOX 431) . MT. PROSPECT,IL . 60056 . 312/577-7340
N. (.I"'~ o~ lOT 30(-13
-- 4c;.5_5~'
Cl!NTI!Rl.INt! OF 10' k)IOf: SrI¿ tP
Road.
, 5ecT/on 3$ - 42.-1/:1
20 .
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