HomeMy WebLinkAboutRes 03-03 02/04/2003RESOLUTION NO. 3-03
A RESOLUTION AUTHORIZING THE EXCUTION OF
AN EASEMENT AGREEMENT PURSUANT TO
AN AGREED FINAL JUDGMENT ORDER PROVIDING
FOR THE ACQUISITION OF PROPERTY WITHIN THE
VILLAGE OF MOUNT PROSPECT DOWNTOWN REDEVELOPMENT AREA
WHEREAS, the VILLAGE OF MOUNT PROSPECT, a home rule unit, pursuant to the authority
of Article VII, Section 6 of the 1970 Constitution of the State of Illinois, is authorized to legislate
with respect to matters pertaining to its government and affairs; and
WHEREAS, the Mayor and Village Board of the VILLAGE OF MOUNT PROSPECT authorized
the filing of an eminent domain proceeding to acquire title to the Property entitled Village of
Mount Prospect v .First United Trust Company, Trust No. lO510, et aL, Case No. 99 L 50674
and entry of an Agreed Final Judgment Order filed in the Circuit Court of Cook County, Illinois;
and
WHEREAS, the Agreed Final Judgment Order provides that the Village grant an easement for
access to and egress from the remaining parcel of the property acquired by the Village (the
"Easement") and to make available and provide matching funds in an amount not to exceed
$40,000 for a facade improvement grant (in accordance with the Village of Mount Prospect's
Facade Rebate Program Guidelines) for the remaining parcel of property (the "Matching Grant
Funds"); and
WHEREAS, the Mayor and Village Board of the VILLAGE OF MOUNT PROSPECT have
determined and declare that the granting of the Easement and the Matching Grant Funds
require the exercise of powers and performance of functions ~ertaining to the government and
affairs of the Village; and
WHEREAS, the VILLAGE OF MOUNT PROSPECT is a municipality which exercises authority
pursuant to the Tax Increment Allocation Redevelopment Act, Ch. 65 ILCS 5/11-74.1 et seq.,
as amended, (hereinafter referred to as the "Act") of the Illinois Municipal Code as set forth in
the Illinois Compiled Statutes; and
NOW, THEREFORE, BE IT RESOLVED by the Village Board of the VILLAGE OF MOUNT
PROSPECT, Cook County, Illinois, in the exercise of its home rule powers, as follows:
SECTION 1: That the recitals set forth herein above are incorporated herein by reference as
the factual basis for this transaction.
SECTION 2: That Mayor and Village Clerk be and are authorized to execute the Easement
attached hereto and made a part hereof as Exhibit A pursuant to and in furtherance of the
Agreed Final Judgment Order.
SECTION 3: That the Village Manager be and is hereby authorized to make available and
provide for the Matching Grant Funds in an amount not to exceed $40,000 for a facade
improvement grant for the remaining parcel of property pursuant to and in furtherance of the
Agreed Final Judgment Order.
ECTION 4: That this Resolution shall be in full force and effect from and after its passage
and approval according to law.
AYES: Corcoran, Hoefert, Lohrstorfer, Skowron, Wilks, Zadel
NAYS: None
ABSENT: None
PASSED and APPROVED this 4th day of February, 2003
ATTEST:
Deputy Village Clerk
Mayor
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PREPARED BY AND
WHEN RECORDED RETURN TO:
Village of Mount Prospect
c/o Ryan and Ryan
33 North Dearborn, Suite 402
Chicago, EL 60602
GRANT OF PERMANENT EASEMENT
THIS GRANT OF PERMANENT EASEMENT ("Easement") is made and entered into
as of this day February, 2003 ("Effective Date"), by the VILLAGE OF MOUNT
PROSPECT, an Illinois municipal corporation ("Grantor') for the benefit of FIRST UNITED
TRUST COMPANY, as Trustee under Trust Agreement dated June 23, 1989 and known as Trust
No. 10510 ("Grantee").
RECITALS
WHEREAS, Grantor is the owner of record of certain property and legally described on
Exhibit A and depicted on Exhibit B attached hereto(" Easement Parcel"); and
WHEREAS, Grantee is the owner of certain property commonly known as 18 West
Busse, Mount Prospect, Illinois and legally described on Exhibit C attached hereto ("Grantee's
Parcel''); and
WHEREAS, the Grantor desires to grant a permanent easement over and across the
Easement Parcel to Grantee for the benefit of Grantee's Parcel and for the express purposes as set
forth below.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged by the execution and delivery of this Easement, the Grantor
hereto, intending to be legally bound, hereby grants as follows:
1. RECITALS INCORPORATED BY REFERENCE. The aforestated recitals by this
reference are incorporated and made part of this Easement.
2. GRANT OF PERMANENT EASEMENT. Subject to the terms of this Easement
and to all matters and conditions of record, Grantor hereby grants, conveys and gives to Grantee,
its successors and assigns, a non-exclusive permanent easement, in perpetuity, for the purpose of
access for pedestrian and vehicular traffic, including but not limited to, access for Grantee's
agents, employees, guests and invitees, over, upon and across the Easement Parcel to and from
the adjacent public right of way as depicted on the cross hatched area on Exhibit B.
3. GRANTOR'S PROPERTY. Any and all construction, work, maintenance, repair or
restoration of any nature whatsoever undertaken for the Easement Parcel and pavement located
on or to be located on any part of the Easement Parcel shall be the Grantor's responsibility and
shall be undertaken at Grantor's sole cost and expense.
4. GRANTOR'S RIGHT TO USE. Grantor, its successors, assigns, agents, employees,
guests, invitees or tenants shall have the right to use the Easement Parcel for a municipal parking
facility and in manner not inconsistent with the grant herein provided.
5. GRANTEE'S INDEMNIFICATION. Grantee agrees to indemnify and hold
harmless Grantor, its SUccessors, assigns, from any and all claims, damages, liabilities, suits or
actions arising from Grantee's or Grantee's agents, employees, guests and invitees use of the
Easement Parcel.
6. COVENANTS RUN WITH LAND. All provisions of this Easement, including the
benefits and burdens, shall run with the Easement Parcel and the land and are binding upon and
inure to the benefit of all parties having or acquiring any right, title or interest in or to any portion
of the Easement Parcel and their respective successors, grantees and assigns.
IN WITNESS WHEREOF, the Grantor, by its duly authorized representative, has
executed this Easement as of the date first written above.
GRANTOR:
Village of Mount Prospect
STATE OF ILLINOIS )
)ss
COUNTY OF COOK )
Attest:
Clerk
The foregoing instrument was signed and acknowledged before me this/~.l,l~ day of
February, 2003 by~_.~-~t_l>L..~.t~&~l as President and ~,.'~,,~,~a.,a ~2~.~o ¢~ as
Village Clerk for the Village of Mount'~Prospect, Illinois for and on behalf If said Village of
Mount Prospect, Illinois for the purpose aforesaid and as authorized and approved by Village of
Mount Prospect Resolution No. ~ -. ~
{Seal}
Exhibit A-
Exhibit B-
Exhibit C -
List of Exhibits
Easement Parcel
Easement Parcel Depiction
Grantee Parcel at 18 West Busse Avenue, Mount Prospect, Illinois
[To be attached by Grantor's Attorney]
EXHIBIT A
TAVERN FRO?ERTY
ACCESS EASEMENT DESCRIPTION
PART OF LOT 1 IN PROSPECT PLACE BEING A RESUBDIVISION OF PART OF
THE WI~ST HALF OF THE NORTHWEST QUARTER OF SECTION 122 TOWNSHIP
4i NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL lVIBRIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 16, 1999 AS
DOCUMENT Nr(JMBER 99780788, AND CORRECTED BY CERTIFICATE OF
CORRECTION RECORDED FEBRUARY 24, 2000 AS DocLrMENT NU1VIBER
00155221, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 1, THENCE NORTH 00
DEGREES 12 MINUTES 10 SECONDS WEST, ALONG THE EAST LINE OF LOT 1,
SAID LINE ALSO BEING THE WESTERLY LINE OF ROUTE 83, A DISTANCE OF
27.33 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 90 DEGREES 00
MINI. ri'ES 00 SECONDS WEST 77.07 FF~T; THENCE SOUTH 00 DEGREES 00
MINUTES 00 SECONDS EAST 27.87 FEET TO THE SOUTH LINE OF LOT 1;
TII~NCE SOUTH 89 DEGREES 35 MINUTES 57 SECONDS WEST, ALONG SAID
SOUTH LINE, 50.00 FI~ET; THENCE NORTH 00 DEGREES 00 MINUTES 00
SI~,COND$ WEST 52.08 FI~ET, THENCE NORTH 90 DEGREES 00 MINLrrEs 00
SECONDS EAST 106.99 FEET TO THE EAST LINE OF LOT 1; THENCE SOUTH 00
DEGREES 12 MINUTES 10 SECONDS EAST, ALONG SAID EAST LINE, 24.00
FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS.
EXHIBIT B .
~ · SOUTH LINE OF LOT 1 / -
/30. O0
0 80 40
TAVERN PROPERTY
ACCESS EASEMENT EXHIBIT 3'
EXHIBIT C
YE OLD TOWN NN REMAINDER PARCEL
LOT 4, IN MOUNT PROSPECT CENTRAL DISTRICT SUBDIVISION, BEING A
SUBDIVISION OF PART OF THE WEST HALF OF SECTION 12, TOWNSHIP
41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
RECORDED DECEMBER 23, 1949, AS DOCUMENT 1;)75902, EXCEPT THAT
PART LYING NORTH OF THE WESTERLY EXTENSION OF THE SOUTHERLY
MOST LINE OF LOT 2, IN SAID SUBDIVISION, IN COOK COUNTY, ILLINOIS,
PREPARED November 18, 2002
SPACECO. INC.
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