1965-12-02 - Resolution 1965-12 - Authorization with Arlington Country Club reference Buffalo Grove Rd. =Or
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' RESOLUTION ' •
WHEREAS, the Village is engaged in a joint program
with the County for the widening and improving of Buffalo Grove -
Road, and •
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_ ' /• WHEREAS, before embarking upon the program the
- County requires that the Village have an easement across certain
land lying-easterly of said road.'
-.. NOW THEREFORE BE IT RESOLVED by the President and .
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_ , ' Board of Trustees that "Agreement" dated the. ;(".24-day of
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August 1965,. by and between the Village, Harris Trust Si Savings;
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Bank of Chicago, as Trustee, under Trust No. 31067, dated April 1,
• 1963, and The Arlington Country Club, Inc., an Illinois corporation,
. a copy of which is attached hereto and made a part hereof is in
. all respects approved, confirmed and ratified.
BE IT FURTHER RESOLVED that the President and Clerk are
hereby authorized and directed to execute said agreement on behalf
of the Village.' -
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/1/ ./L% - 31214-4-ti 1
• w{ iam J. Far ington
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‘ ; v lage Present
Ai•LSTZ V`•
. . ' 4.ideil Alig &Ltea-41
Rosalie . Ka ubowski L
t Village C er?c`"
htG( t.
P23SED this -- day of .406, L/�GL// , 1965. t
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AGREEMENT
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AGREEMENT made this ---.— day of Actlyle4,/
1955, by and between THE VILLAGE OF BUFFALO GROVE, a Municipal
Corporation, duly organized and located in the County of Cook,
State of Illinois (hereinafter referred to as the "VILLAGE"),
THE HARRIS TRUST AND SAVINGS BANK OF CHICAGO, as Trustee under
Trust No. 31067 dated April 1, .1963 (hereinafter referred to as
the "OWNER") and THE ARLINGTON COUNTRY CLUB, INC. , an Illinois
Corporation (hereinafter referred to as 'LESSEE");
WITNESSET H:
WHEREAS, the Village and the County of Cook, State of
Illinois, have entered into a joint program for the widening of
a County Highway known as BUFFALO GROVE ROAD (hereinafter referred
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to as the "HIGHWAY") and the construction of other improvements
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related thereto such as sidewalks, curbing, gutter and drainage;
. and •
S EREAS, the kind, quality, dimensions, grades, location,
profiles and other details of the construction of said Highway
and improvements are more particularly set forth in a set of draw-
ings or plans prepared by John Dudley Hooper, Engineer, Northbrook,
Illinois, entitled "Buffalo Grove Widening", Dated 4494 I
/9tf , consisting of sixteen (16) sheets, duly
approved by the Village and the said County of Cook, initialled,
as to Sao (2) copies thereof, by all parties hereto (with one of
! such initialled sei:s to be recained by the Village and one by the
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Owner, respectively,P y, and is hereinafter referred to as "the
Hooper Plan", and,
WHEREAS, the cost of such Highway and improvement
j; construction has been or will hereafter be assumed by the said
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County of Cook, as a condition of which the County has required
that adequate drainage of the said Highway and of the land lying
i to the west of said Highway within the boundaries of the "Drainage
Basin to Buffalo Grove Road" as shown on Sheet 3 of the Hooper
Plan (hereinafter sometimes referred to as the "West Land") be
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provided by the Village; and
�� WHEREAS, to provide for such drainage it is necessary
1that certain rights be received from the owner of the property
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reinafter described which will permit storm and surface waters
naturally accumulating on the west land to be received on or in
! said property and thereafter carried or taken across, through or
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Wunder the said property to a creek located in part on said proper-
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4ty and known as Buffalo Creek, or to such other retaining pool or
i!outlet as will receive said storm or surface waters; and
WHEPEAS, to provide initially for the receipt and
'dispersion of such waters across the said property, the Village
lihas agreed at its sole cost and expense to create and construct an
((open ditch drain across the said property, the nature, course,
width, depth, profiles, location, direction and other specifica-
tions and details of which being more fully set forth in the
jhHooper Plan; and
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WHEREAS. the property er ,
referred
to .above and t.�,ich
adjoins the Highway and Village to their east, is more particularly
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- described as follows:
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Parcel 1: The East half of the East half of the
. South West quarter of Section 4, Township 42 North, `
Range 11 East of the Third Principal Meridian (ex-
• cepting therefrom the South 300 feet), in Cook
County, Illinois,
• f ALSO
Parcel 2: The West half of the South East quarter of
• Section 4, Township 42 North, Range 11 East of die
Third Principal Meridian, in Cook County, Illinois,
ALSO
Parcel 3: The South 35.25 chains of the East half of
the South East quarter of Section 4, Township 42
North, Range 11 East of the Third Principal Meridian
(except the East 11.67 chains thereof), in Cook
County, Illinois.
• WHEREAS, the Harris Trust and Savings Bank of
Chicago, as Trustee .under Trust No. 31067 dated April 1, 1963,
• is the holder of the legal title to the above property as
Trustee for the beneficiaries named in said Trust; and
WHEREAS, the property is improved with an 18-hold
golf course leased to and operated by the Arlington Country
l Club, Inc., the Lessee; and.
WHEREAS, the Owner and Lessee are willing to grant
the rights requested by the Village and to permit the construe-
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tion of the said ditch drain in accordance with the Hooper Plan,
subject to the terms and conditions hereinafter set forth; and
WHEREAS, the parties hereto declare and recognize
that the present use of the property as a golf course may not
Ibe its best and highest use economically, since the property is
located in the midst of an expanding area of increasing population
density, rapid residential, commercial and industrial development
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and growth and has other growth potentials, all of which may be
impeded or circumscribed materially unless the owners of the
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it property, present and future, are permitted to reserve to them-
selves, their successors and assigns, flexibility, discretion
and elasticity in the determination hereafter as to the
manner, method, means, routes, and facilities to be utilized to
11 carry the storm or surface waters originating from its west to
their ultimate retaining area or outlet; and the Village is will-
ing to permit and allow such reservations provided that the waters
1( in question are drained or carried across or through such lands
to an ultimate retaining or collecting pool or outlet.
NOV, THEREFORE, in consideration of the foregoing
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1 premises which are expressly incorporated herein, of the mutual
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I; covenants hereinafter set forth, and of other good and valuable
considerations, the parties AGREE as follows:
1. The Owner, with the consent of the Lessee, grants
1 `J II to the Village the permanent right to direct or bring, through
Ithe use and means of ditches, drains, storm sewers and culverts
ii the storm or surface waters that naturally collect upon the West
Land to the property of the Owner at that specified point on s c h
property being 440.00 feet North of the center line of Dundee
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Road as is more particularly set forth in the Hooper Plan and.
I thereafter to have such waters conveyed or carried by natural or
i artificial means or devices across, through or under the property
'; of Owner to 3uffalo Creek or other suitable and adequate retaining/
- or collecting outlets or,, pools sufficient to receive, retain and
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distribute such waters, and the Owner agrees to receive and to
permit said waters to be so carried across, through, or under I�
its said property to the said Buffalo Creek or other retaining
Or collecting pools or outlets subject to the terms and condi-
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tions herein and hereinafter set forth. •
2. To provide initially for the carriage of said
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surface or storm waters across its property, the Owner does
hereby grant to the Village the privilege of constructing an
open ditch drain at their sole cost and expense, upon and across
the property of Owner) which ditch drain shall conform in all
• II respects to and with the details and specifications as shown on
the Hooper Plan. Any deviation from said Hooper Plan or the
other terms and conditions set forth in this Paragraph 2 in the
construction of the ditch shall be deemed to be a breach of this
Agreement which, at Owner's and Lessee's option, shall become
j I null and void unless such deviation or deviations are made
1 with the consent of the Owner and the Lessee in writing first
had and obtained. The construction of said ditch shall be sub-
• ject to the following additional terms and conditions:
(a) The Village and such of its agencies or depart-
ments as it may designate, shall have sole supervision of the
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construction of the ditch.
(b) All earth removed or excavated during the course
• I of construction shall belong to Owner, shall not be removed from
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1 the property and shall be stored or deposited by the Village at
such place or places on the property as the Owner or Lessee may
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direct.
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(c) The ditch shall be constructed at the Village's
sole cost and expense in a good and workmanlike manner; and
shall be so constructed as to retain the waters therein and
prevent their escaping to or flooding of the adjoining terrain,
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excepting such flooding as may be due to the happening of extreme
adverse weather conditions. "Extreme adverse weather conditions'• '
wherever used in this Agreement, shall mean such conditions as
produce a total rainfall measured in inches in any single 24-hour
1 period that exceeds by at least 1/2 inch the maximum rainfall
that fell during any single 24-hour period at any time during
the period of the ten (10) years next preceding the date of this
- ; Agreement as officially recorded by the United States Weather
Bureau.
(d) The work of construction shall not commence
without the written consent of the Owner and the Lessee first
;i obtained, it being understood that any commencement of such
construction prior to the end of a golf season (which, for pur-
poses hereof,shall be deemed to be a period commencing with the
1st day of the month of April and ending with the last day of
the month of October) would materially impede play and substan-
tially affect the revenue derived therefrom. Once commenced, the
construction of the ditch shall continue without interruption
until completed, except by reason of any delays that may be
created by severe weather, strikes, Act of God or factors beyond
the control of the Village. The Village agrees that the ditch
shall be co_pleted sometime -e'_ween the end of one golf season
and the heinr.ing of the next.
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(e) Notwithstanding the benefits to be derived by
all parties to this Agreement, it is expressly agreed by all
parties that said ditch when completed shall not be deemed to be
a drain for the mutual benefit of the lands connected or protected
within the meaning of Section 2-10 of the Illinois Drainage Code.
(f) The Village agrees to cause all measures .to be
ftadopted,to take all precautions and to make all provisions re-
quired to maintain, protect, and keep from harm or damage all
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1 buildings, fences, trees, bushes, shrubbery, water pipes, foun-
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i . tains, tees, greens, existing drains, utility installations,
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• sewers, fairways, wells and o'thei facilities, structures and im=
provements in, on, across or adjacent to the work; and agrees to
repair all damage to such facilities, structures and improve-
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ments and to restore the same to the condition existing prior to t_.
li construction work of and on said ditch; and towards that end,
agrees to hold harmless and.indemnify the Owner and/or the Lesse
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of and from all losses, costs, and damages arising out of or re-
suiting to said facilities, structures and improvements by reaso
of said construction work.
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(g) The Village agrees that there will be no charge,
cost or assessment to the Owner and/or the Lessee for the con-
struction of said ditch. The Village agrees to take all steps,
make all payments and do all acts necessary to keep said proper t
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and every part thereof free and clear of any and all Mechanics'
Liens, claims or other charges whatsoever for labor performed an.
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i materials or machines furnished, either by it or its contractors
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subcontractors, laborers, mechanics; maintenance men, or other .
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persons; firms or corporations, and towards that end, the Village
does hereby agree to hold harmless and indemnify the Owner and/or
the Lessee of and from any and all losses, costs, damages or
claims, arising but of any such Mechanics' Liens, claims or
charges Whatsoever which may result from or arise out of 'the con- .
struction and installation of said ditch.
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(h) The Village shall have no responsibility for nor
obligation of maintenance, repair, and landscaping of the ditch
after completion thereof. Neither the Village nor any of its
i" agencies or departments shall, after completion of the ditch,
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- come upon the property of the Owner for any purpose whatsoever
without the consent of the owner and/or the Lessee, except for
• purposes of inspection at reasonable hours and after notice in
writing to the Owner and/or Lessee.
(i) Upon completion of the construction work, all
tools, machinery and equipment used thee for and all debris and
rubbish shall be promptly removed from the property by the
Village. The engineer, architect or other person in charge of the
construction work shall, upon said completion, certify to its
completion in accordance with the Hooper Plan, and shall deliver
such certification to the Owner and Lessee.
(j) Except where such overflowing or flooding is
due to extreme adverse weather conditions, it is agreed that if 'dy
reason of said ditch as constructed pursuant to the terms hereof !
• arc tie waters carried the:eby to Ilufialo Cr.sck, the said Creeka.i
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any t_.e hereafter is caused to overflow its banks or otherwise
flood the lands adjacent thereto, the Village shall, upon twenty-,!.
four (24) hours notice in writing, take and adop such steps,
• measures and actions, including. the widening or deepening of said
• • !I Creek on the property of the Owner, or elsewhere, as is or will
be necessary to stop or otherwise prevent such overflowing or
• flooding and the continuation thereof.
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3. Notwithstanding that the ditch as constructed
. will be of a certain width, profile, length and depth and will
li follow a particular course or direction across the property of
Owner, and notwithstanding that said course or direction may be
the natural water course across said property, the parties
agree that it is not their intention, nor the intention of each,
by this Agreement, or otherwise, to create or give rise thereby
to a right of way or easement of any nature across the said
property which shall be deemed or construed in any manner to take
• the shape of, be defined or described as, or identified to be in
the form, dimensions, profiles, direction or course that the
said ditch and its appurtenances will take or have upon its
completion. •
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It is agreed that the only right granted hereunder to
• r the Village in perpetuity is limited to the right to have the sur-
ill face or storm waters naturally accumulating on the West Land
1 to be Brought to the property of the Owner at that point speci-
fied in the Whereas clauses hereof and detailed on the Hooper
Plan and from there taken, directed or carried, or ctherwi se
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moved, or permitted to be moved, or flow across, through or
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under the property of the Owner, to Buffalo Creek, or to another
sufficient and adequate retaining or collecting pool or outlet,
thereby providing drainage of the said adjoining western higher
land and the Highway of the said natural storm or surface waters
To evidence the foregoing, it is therefore expressly
it agreed by the Village that there is hereby reserved to the
r Ureter, their beneficiaries, successors, lessees and assigns,
the right at any time hereafter and at its own a ense to change )
or otherwise divert the course and direction of the flow of waters
across, through or under its land; to eliminate the aforesaid
ditch in whole or in part; to fill, obstruct, breach, impair,
in whole or in part, the said ditch; to create, construct and/or
build storm sewers, open or covered tile drains, ditches or
other open or closed drains or any other facilities of any other
kind, quality or nature whatsoever, along, across, through or
under said property and in any direction or course whatsoever,
PROVIDED THAT:
• (a) Such action, construction or facility will
! permit the said natural storm or surface waters to flow to and
reach Buffalo Creek or other retaining pool or outlet in the
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same quantities as will be carried or drained through the ditch
described in Paragraph 2 above, and
(b) No action will be taken or suffered as will
prevent the said storm or surface waters from coming on to the
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I land of the Owner at the same rate of flow and in the same quan-
tities and at the same point of entry as are now provided for in
a the Hooper Plan, and
(c) Written notice. of such proposed action on the
part of the Owner is first served upon the Village whose consent,
however, to the doing of such work shall not be a condition prec-
edent thereto.
4. -The Villagethat, at no time here agreeshereafter
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will the existing drainage system of and for the Village and the
Highway as more particularly shown on the Hooper Plan, be changed,
relocated, altered or enlarged, nor will any property owners in
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the Village be permitted or otherwise allowed to create, construc.,
add to, locate or relocate storm sewers, culverts or drains, nor
will ditches, culverts, storm sewers or drains (now in existence
or to be constructed as shown on the Hooper Plan) be enlarged,
added to, relocated, redirected or otherwise reconstructed by the
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. Village, or any of its departments as will or may cause storm or
surface waters to be directed or cast onto the property of Owner
. in greater quantities or at a greater rate of flow than is pres-
ently proposed to or will be directed or cast on the property of,
or caused to be received by the Owner on its property by virtue
• of the construction of the ditches, Highway, culverts, sewers and'
ifdrains as shown on the Hooper Plan. Nothing contained in this
I; paragraph shall be construed as a limitation or restriction upon
the right of any property owner in the Village to have the surfacL
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or storm waters accumulating upon his property to flow off there-
from in the natural channel or water course existing thereon as of�
the date hereof.
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i; 5. If any provision of this Agreement shall be held to
be invalid or illegal, the remainder of the Agreement shall not be
11 affected thereby and it shall be construed as if not containing a
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i particular provision or provisions held to be invalid or illegal.
11 6. The Village agrees to deliver to the Owner and Lessee
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Il concurrently with the execution hereof certified copies of resolu-
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Ili tions of its governing body authorizing and approving this Agree-
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[ ma.nt and all of its terms and conditions and authorizing its execu-
tion by the person whose signature on the behalf of each is affixed
h hereto.
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= 7. This Agreement is executed bythe I: parties in triplicat-,
i; each of which triplicate is to have the full force and effect of a
. Horiginal for all purposes.
r IN WITNESS U EREOF, the parties hereto have caused their
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i, corporate or official seals to be hereunto affixed and these Ares-
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ents to be signed in the name and on behalf of each party hereto
by •its duly authorized officer or official the day and year first
above written.
: THE VILLAGE OF BUFFALO GROVE,
County of Cook, State of ilinois
B �1
(VILLAGE CORPO2ATE SEAL) Y �� Itss
���et.4...) C
1. '• ''%•' THE HAnRIS RUST AND SAVINGS BA;�K
`I(See 'next page for OF CHICAGO, as Trustee under Trust
!, signature of Trustee) No. 31057 dated April 1, 1963
By Its
/..371'0 ^•' S YAT
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li Its Secrecary
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(Sic-matures cont'd. from pgp 12)
• ARLING ON COUNTRY CLUB, INC.
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_........_...---/., r/7-.) -- .
BY ... Le!:-://-1 •n.-e-.1--.-,,, 4 )7"-7,
Its % 7y
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• II `(•• •• ORATE SEAL) /. '
{j ATTEST:
Its • /;;Secretary •
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iAll representations and undertakings of HARRIS TRUST AND
( SAVINGS BANK as trustee as aforesaid and not individually are
• • those of its beneficiaries only and no liability is assumed by or
shall be asserted against the HARRIS TRUST AND SAVINGS BANK per-
' sonally or as trustee as a result of the signing of this instru-
ment. This Agreement is signed by HARRIS TRUST AND SAVINGS BANK
-,! not individually but solely as Trustee under a certain Trust Agree-
ment known as Trust No. 31067. Said Trust Agreement is hereby
• made a part hereof and any claims against said Trustee or any
j; person interested beneficially or otherwise in said property which
• limey result herefrom, shall be payable only out of any trust
!; property which may be held thereunder. Any and all personal lia-
bility of the HARRIS TRUST AND SAVINGS BANK, or any person inter-
1I ested beneficially or otherwise in said property is hereby ex-
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• I pressly waived by the parties_hereto and their respective succes-
sors and assigns.
d
ii THE HARRIS TRUST AND SAVINGS BANK
OF CHICAGO, as Trustee under Trust
i 'No. 31067 dated April 1, 1963and
{ • not individually.
y Eel( C.......-Z
{. Its Vice President
i (SEAL)
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ATTEST:
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Its / Aest. Secretary
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