1973-07-09 - Resolution 1973-16 - Drainage Easement to be secured by Arlington Country Club as part of White Pines Ditch plans RESOLUTION NO. 0- %- /G
WHEREAS , It is necessary that a drainage easement
be secured from the owners of the Arlington Country Club
as part of the overall drainage plan of the White Pines
Ditch and related areas.
NOW, THEREFORE, be it Resolved by the President
and Board of Trustees of the Village of Buffalo Grove, Cook
and Lake Counties , Illinois , that the President and Clerk
are hereby authorized to execute a drainage easement, a
true and correct copy of which is attached hereto and made
a part hereof as Exhibit "A" .
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PASSED this 5 day of , 1973.
APPROVED:
I
ANIA.
40- Arry
Villge esident
ATTEST
Village Clerk / '
mod
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GRANT OF EASEMENT
WHEREAS , HARRIS TRUST & SAVINGS BANK OF CHICAGO is the
and not Individually
Trustee under Trust #31067 , dated April 1 , 1963 (hereinafter
described as Trustee). and is the owner of the real estate
hereinafter described , and
WHEREAS , the Village of Buffalo Grove, Cook and Lake Counties ,
Illinois , Elsie Taggart , Daniel I . Taggart , Jr. and Daniel I .
Taggart, Jr . Trustee under the Last' Will and Testament of
Daniel I . Taggart (Taggarts are the sole beneficiaries of the
above described Trust) and Arlington Country Club, Inc . , an
Illinois corporation , did on the 7th day of May, 1973 , enter into
a certain License Agreement.
NOW, THEREFORE, in consideration of the terms and conditions
set forth in said License Agreement and other good and valuable
consideration, the Trustee does hereby grant to the Village of
Buffalo Grove, a municipal corporation of Cook and Lake Counties ,
Illinois , its successors and assigns forever, a perpetual easement,
in , upon, under and across the following described land for the
purpose of installation , repair, maintenance , upkeep and operation
of underground storm sewer and water drainage facilities :
That part of the Southwest 1/4 of Section 4 , Township
42 North, Range 11 East of the Third Principal
Meridian, described as follows : Commencing at the inter-
section of the center line of Buffalo Grove Road
and the center line of Dundee Road ; thence North along
the center line of said Buffalo Grove Road 300.00 feet;
Thence east at right angles to the last described line 50.0
feet to the place of beginning of the easement to be
described herein ; thence North along a line 50.0 feet
East of and parallel with said center line of Buffalo
Grove Road, 680 .005 feet; thence Northeasterly along a
line which forms an angle of 66° - 20 ' - 00" to the right
of the prolongation of the last described line, 47 .66
feet; thence northwesterly along a line drawn at right
angles to the last described line 30 .0 feet; thence West
along a line drawn at right angles to the said center
line of Buffalo Grove Road 48.605 feet to a point on a
line which is 33 .0 feet East of and parallel with the
said center line of Buffalo Grove Road ; thence South
along said parallel line 550.612 feet; thence Southeasterly
along a line which forms an angle of. 50 - 31 ' - 02" to the
left of the prolongation of the last described line
176 .82 feet to the place of beginning , in Cook County,
Illinois .
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Neither party hereto , their servants , agents , successors or
assigns shall erect any building or structure of any nature upon
or over said easement, excepting such boundary fences as may be
erected by the grantor, the above named Taggarts , and/or the
Arlington Country Club , Inc . , and provided , however, that the
provisions of this paragraphshall not apply to temporary
buildings or structures needed to prepare , install , construct,
reconstruct, repair or maintain the easement and the surface
thereof for the purposes intended, all of which said preparation ,
installation, construction, reconstruction , repair or maintenance
to be at the sole expense of and remain the exclusive obligation
of the grantee herein .
For the duration hereof, the grantee shall have the right
to enter upon the above described premises for the purpose of
constructing, reconstruction , repairing or maintaining the storm
sewers , water drainage facilities and appurtenances thereto and
the surface ground of the easement. It is the intent of the parties
that should it be necessary to exceed the easement site for such
purpose the same will be permitted on a temporary basis .
The grantee at all times after any entry by it upon the
above described premises shall place and restore the surface in
and to the same or similar condition existing immediately prior
to such entry.
It shall be the obligation of the owner in fee simple of the
above described premises to pay all taxes , special assessment,
mortgage indebtedness and all charges levied or assessed against
the owner of said real estate without contribution from anyone.
The easement herein granted shall run with the land and
shall inure to the benefit of and be binding upon the parties hereto,
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L,r Ld Exoneration provision restricting
any liability of Harris Trust and
Savings Bank, affixed hereto, is
hereby expressly made a part hereof.
their successors , assigns , legal representatives and all those
claiming by, to or under them.
IN WITNESS WHEREOF , the parties hereto have executed these
presents , this ; day of , 1973 . •
HARRIS TRUST AND SAVINGS BANK,
not individually but ,as' Trustee
• U/T/A dated April 1 , 1963' and . i i
known as Trust No.`'31O67 ,�
By l�
TsysT s ac r .�'�. 644
ls ' I`,:i ,\
The undersigned hereby accepts the above described easement
ccording to the terms hereinabove set forth this 9' day of
� 1973 '
r l '� .;IN fj Vi l l ag Buff l o rove, a un ci pal
f ' ) core a o ok and °unties ,
l t , Ill n
ATTEST:
By
Pies i den
C erk
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1
It is expressly nd stood and agreed by and between the parties`
hereto, anything herein o the contrary not withstanding,that each and all
of the representations, covenants, undertakings and agreements hereirf-
made on the part of the Trustee while in form purporting to be the
representations,covenants, undertakings and agreements of said Trustee
are nevertheless each and every one of them, made and intended not ast
personal representations, covenants, undertakings and agreements by the
Trustee or for the purpose or with the intention of binding said Trustee
personally but are made and intended for the purpose of binding only that
portion of the trust property specifically described herein,and this instrument
is executed and delivered by said Trustee not in its own right,but solely in
the exercise of the powers conferred upon it as such Trustee;and that no
personal liability or personal responsibility is assumed by nor shall at any
time be asserted or enforceable against the Harris Trust and Savings Bank
or any of the beneficiaries under said Trust Agreement,vn account of this
instrument or on account of any representation, covenant, undertaking or
agreement of the said Trustee in this instrumentcontained,eitherexpressed or
implied,ail such personal liabi i.y,it any,being expressly waived and released.
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