1984-05-07 - Resolution 1984-34 - APPROVING A SANITARY SEWER EASEMENT AGREEMENT (CORPORATE GROVE)ITEM XII. (B)
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RESOLUTION NO. 84- 34
A RESOLUTION APPROVING A SANITARY
SEWER EASEMENT AGRXEMENT
( CORPORATE GROVE)
WHEREAS, an easement fron Dorothy Santuccl, Grantor, Aaerlcan
Natlonal Bank under Trust No. 56658, Grantee, ls deslred to provlde sanl-
tary sewer servlce to the Corporate Grove; and,
I.II{EREAS, the vil-lage ls requlred to approve the requlred grant of
easement .
NOw, TIIEREFoRE, BE IT RESOLVED by the vI1lage President and Board
of Trustees of the VLllage of Buffalo Grove, Cook and Lake Countles, Ill1no1s,
thaE the Village President and Vl11age Clerk are hereby authorlzed and dlrec-
ted to execute the granl of easeoent of whlch said grant is attached hereto
and nade a part hereof.
6 - Marlenthal, Stone, orRellly, Iiartsteln, Glover, Reid
AYES :
NAYES: 0 - None
ABSENT: 0 - None
PASSED: llay 7
A?PROVED: MAY 7
*o"d.Tn-S"r$a*
Village President
, 1984
, 1984
APPROVED:
ATTEST:
V111agLPtlert _
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GRANT OF EASEMENI
of /t44Y I98tl , by and between DOROTHY SANTUCCI , as
Trustee for Dorothy Santucci Estate Trust, dlatedl December 2L,
I958, (hereinafter called the 'Grantor"), AMERICAN NATIoNAL BANX
AND TRUST COMPANY OF CHICAGO, not personally, but as Trustee
uniler its Trust No. 55658 (hereinafter calleil "Americann),
GLENVIEW STATE BANK and the VTLLAGE OF BUFFALO GROVE, an rllinois
mrnicipal corporation (American, GLENVIEW STATE BANK and the
VILLAGE OF BUFFALO GROVE are hereinafter collectively called the
'Grantees' ) .
For and in consicleration of the sum of TWENTY FM THOUSAND
DOLLARS ($25,000.00) antl other gootl anil valuable consitleration,
the receipt of which is hereby acknowledlgeil , Grantor hereby
grants to Grantees, their successors anil assigns, a non-exclusive
right and easement i.n, upon, along antl uniler the real property
legaIly describetl on Exhibit A attached hereto ancl incorporated
herein. Said easement shal1 be for the purposes of constructing,
operaEing, maintaining andl repairing sanitary sewer lines anil for
ingress and egress thereto for saiil purposes.
In adldition to the easement granted above, Grantor hereby
grants to Grantees a non-exclusive temporary work anil
construction easemenc over the real property 1e9al1y describetl in
Exhibit B attached hereto and incorporateit herein. Saidl work anil
construction easement shalI be for the limited purposes of
constructing andl installing the aforesaid utility system antl
!Iq!Eq9EEg
ls'I
This crant of Easement maile and entereil into this-7 Z) 6sy
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ingress anil egress thereto for the personnel anal equipment
necessary or required for such construction and installation.
Sald temporary work andl construction easement shall terrninate
upon lnstallation anil completion of the aforesaid utility system
andl each of the Grantees performing saiil installation agree that
the Grantorr s property shaII be restored to its origina).
conilition after completion of the aforesaidt utility system.
The above tlescribetl uses of saitl property sha1I be vrithout
expense of any kinil to Grantor, anal Grantor antl its successors
anil assigns shall have the right to tap-in and connect to the
sanitary serrer line constructeil by Grantees wiLhin the easement
areas free of any recapture fees which any of the Grantees may
seek or be entitledl to recover respecting any cost or expense
relating to the construction, installation or repair andl
mainLenance of the utility system.
Each of the Grantees hereby HffiTru agree not to cause
any 1iens, clairns, suits or encumbrances against the Grantor's
property arising out of any work performeil by it pursuant to this
Grant of Easement. Further, each of the crantees hereby Hffi<trf
anil agree to inilemnify and holil Grantor harmless from any
Iiabilities, liens, claims, suits or causes of action arising out
of or relating to any work perforned by it pursuant to this Grant
of Easenent, including all costs, expenses and attorneys' fees
incurreil by Grant.or, her successors and assigns. Specifically,
each of the Grantees agree to procure aLl appropriate
certificates of insurance to cover all work performed by it,
lncluding comprehensive general liability, all risk builders and
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rorkmens compensation insurance. Certificates of insurance shall
be Eubmitteal to Grantor prior to comrnencement of any uork on
Grantor'E property.
AIl work performeil by any of the Grantees sha1l be performeil
ln accorilance with all rules and ordinances requiretl by the
Village of Buffalo Grove or by any other regulatory agency or
governing body and upon the Village of Buffalo Grover s acceptance
of the sanitary sewer line to be installed antl constructed
hereunder it sha11 maintain, servlce and repair same. American
and Glenvien State Bank agree to assign the easement granteil
herein to the VilLage of Buffalo crove upon completion anil
acceptance of same.
American hereby fHS$€ and represents that the sanitary
sewer line to be installed and constructetl bereunder shall be
twenty one (21) inches in size. The Village of BuffaLo Grove
hereby warrants andl represents that the sanitary serrer Iine to be
constructed shal1 be of adequate design to service Grantorr s
property ilescribeil on Exhibit C so as to accommoilate a daily use
of at least 150,000 gallons. In that respect, American and the
Village of Buffalo Grove.agree to have the property described on
Exhibit C included within the tlesignatetl service area in any
applications for permits submitted to the Environmental
Protection Agency (EPA), the Department of Public llorks or any
other governing boily, anil to show an estimatedl use for the
property describetl on Exhlbit C as 150,000 9a11ons per day.
Nothing containedl herein shall be deemeil a hrarrant.y to Grantor
that atlequate capacity to serve Grantori s property exists in the
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sewage treatment facility to which it connects. Nothwi t hstand i ng
the above, the Village of Buffalo Grove's warlanty that the
aanitary sewer line wilI be of aileguate design to service
Grantor's property shall not apply unless the Grantorr s property
is annexetl to the Village of Buffalo crove.
Grantor hereby reserves the right to the use of said
property for all purposes not inconsistent with the grant herein
matle antl not unreasonably interfering with the exercise of the
rights hereby grantedl , except that no permanent buitilings,
structures or obstructions may be construcled thereon.
This Grant of Easement is executed by American National, Bank
anil Trust Company of Chicago, not Dersonally but as Trustee uniler
frust No. 55558, as aforesaid in the exercise of the power and
authority conferretl upon anil vested in said Trustee as such, and
it is expressly understootl and agreetl that nothing in said
Grant of Easement containetl shall be construeit as creating any
liability on saiil Trustee personally to pay any indebteilness
accruing thereuniler, or to perform any covenant, either expressed
or implieil , in saitl Grant of Easement (all such 1iability, if
any, being expressly waivedl by every person noi, or hereafter
claiming any right or security thereunder), it being understood
that the said Trustee merely holils legal title to the premises
therein described and has no control over the management thereof
or the income therefron, antl has no knowteilge respecting any
factual matter with respect to said premises, except as
represented to it by the beneficiary or beneficiaries of saidl
Tru st .
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Grantor and Grantees acknowledge and agree that the duties
lDd obligations of the Grantees under this Grant of Easement are
not joint but ale several and distinct.
IN I|ITNESS I{HEREOF, the parties have causedl their corporate
seals to be hereto affixed, anil have caused their names to be
clgnedl to these presents by their respective officers the dlay antl
year first lbove uritten.
GRANTOR:
,--16- ,
R HY SA , as Tru stee or
Dorothy San u cci Estate Tru st,
dateil December 21, 196I
GRANTEES:
AXERICAN NATIONAL BANK AND TRUST
COI.IPANY O
aforesaidl
F CHI ru stee
By:Its
C
GLEWIEW STATE BANK^*
By:
I tS
VILLAGE OF BUFFALO GROVE
B rt P resl dents
!
ATTES ,
ATTEST
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DOCU UENT +REPARED
ard A. l,lere 1
BY:
GARFIELD T IEREL, LTD.
205 t{est Randolph Street
Chicago, IL 60506
3I2,/332-101I
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ATTEST:
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EXHIBI T A
EAStMENI LTGAL DTSCRIPI ION
THAT PART OF THE SOUIH 2O.OO FEET, LYINC IIEST OF THE NORTHERLY
EXIfNSION OF IHE EAST LINE OF PEKARA DRIVE AS SHOIIN ON THE PLAT
oF PEKARA SUBDIVISI0N - UNIT N0.2 REC0RDED SEpTEilBER 17, I958,
AS DOCUIiENI tOOt7t2,0F A TRACT 0F LAND DESCRIBED AS F0LLOt{S:
PART OF THE SOUTHI{ESI OUARITR OF SECIION 26, IHE
SoUTHEASI QUARTER 0F SECTI0N 27, IHE NoRTHEAST
QUARIER OF SECI ION
'4
AND THE NORTH}lEST QUARTER
OT SECTION ]5 ALL IN TOl{NSHIP 4] NORTH, RANGI II
EASI OF THE THIRD PRINCIPAL HERIDIAN, DTSCRIBED
AS F0LL0l{S: BEGINNING AT A P0INT l{HICH IS 50UTH89-I/2O EASI 8.}' CHAINS FROM A POINT IN THE WESTtINE 0F THE NoRTHEASI QUARTER 0F SAID SECTI0N t4,4.6] CHAINS SOUTH OF IHE NORTHI{EST CORNER THtRtOF;
THENCE N0RTH 1o I,EST 18.98 CHAINS; THENCE S0UTH
86O - 'O'
EAST 47.40 CHAINS TO THE CENTER OF THE
].IILI{AUXEE ROAD, THENCE SOUTH 12O EAST ALONG THE
CENTER OF SAID ROAD, TO A POINT IN THE CENTER OFSAID ROAD },HICH I{OULD INIERCEPT A LINE DRAWN SOUTHg9-l/20 EAST rROil THE PLACE 0F EEGINNING; THENCE
N0RTH 89-tl2o l{EST I0 THE pLACE 0F EEGINNING, IN
LAXE C0UNTY, ILLIN0IS,
22840BO
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TEI{PORARY CONSTRUCIION EASEMENT LIGAL DTSCRIPTION
THAT PART 0F THE N0RTH 20.00 FEET 0F THE S0UIH 40.00 FEET, LyINGTESI OF THE I.IORTHEflLY EXTENSION OF THE EAST LINE OF PEXARA DRIVE
AS SHOI{N ON THE PLAT OT PEKARA SUBDIVISION - UNIT NO.2 RECORDED
SEPTEHBER t7, t958 AS DoCUilENT 100r7t2, 0F A TRACT 0F LAND
DESCRIEED AS F0LL0I{Sr
PART OF THE SOUTHVIESI QUARTER OF SECIION 26, IHE
SOUTHEAST QUARTER OF SECTION 27, IHE NORTHEASI
QUARTER OF SECTION
'4
AND THE NORTHI{EST QUARTEROF SECIION ]5 ALL IN TOI{NSHIP 4] NORIH, RANGE IT
EAST OF THE THIRD PRINCIPAL MtRIDIAN, DESCRIBED
AS F0LL0llS: BEGINNING AT A P0INT r{HICH IS S0UTH89-I/20 EAST 8.'' CHAINS FROH A POINI IN THE }lEST
LINE OF THE NORTHEASI QUARIER OF SAID STCTION ]4,4.6] CHAINS SOUTH OF THE NORTH}'E5T CORNIR THERTOF;
THENCE N0RTH lo t{tST 18.98 CHAINS; THENCT S0UTH
85O - 'OI EAST 47.40 CHAINS TO THE CENTER OF THE
HILI{AUXEE ROAD, IHENCE SOUTH 12O EAST ALONG THE
CENTER OF SAID ROAD, TO A POINT IN THE CENTER OFSAID ROAD I{HICH TIOULO INTERCEPI A LINT DRAI{N SOUTH89-l/2o EAST FR0H THE PLACE 0F BEGINNING; THENCE
NORTH 89-I,/2O I{EST TO THE PLACE OF BEGINNING, IN
LAKE COUNTY, ILLINOIS
2u8.lu80
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EXHIBI T B
t
PARI OF THE SOUTHI{TST QUARTER OF StCTION 26, THESOUIHEAST QUARIIR OF SECTION 27, IHT NORIHEASI
QUARIER OF SECTION }4 AND THE NORTHI{EST QUARTEROF SECIION ]' ALL IN TOl{NSHIP 4] NORTH, RANGE IIEAST OF THE THIRD PRINCIPAL }lTRIDIAN, DESCRIEEDAS F0LL0xS: BEGINNING AT A p0INT r{HICH IS S0UTH89-I/20 EAST 8.]5 CHAINS FROH A POINI IN THE I{ESTLINE OF THE NORTHEAST OUARIER OF SAID SICTION ]4,4.6] CHAINS SOUTH OF THE NORTH}IESI CORNER IHTREOi;
THENCE N0RTH lo l{ESI 18.98 CHAINS; IHENCT S0UTH86O - 'O' EASI 47.40 CHAINS TO THE CENTER OF THEHILI{AUKEE R
CENTER OF S
SAID ROAD l{
89-l /20 EAS
NORIH 89-T,/
LAKT COUNTY
EXHIBIT .'C''
GRANTOR'S PROPERTY
2284080
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OAO, THENCE SOUTH 12O EAST ALONG THEAID ROAD, TO A POINT IN IHE CTNTER OFHICH l{OULD INIERCEPT A LINE DRAI{N SOUTHT FROH IHE PLACE OF BEGINNING; THENcE2O I{EST TO THE PLACE OF BTGINNINC, IN, ILLINOIS.
STATE OF ILLINOIS)
COUNTY OF MCHENRY)SS
the undersigned, a Notary Pubtlc in and for the County andI
State aforesaid, DO HEREBY CERTIEY' thaE Richard G. Backus, respectively
of CLENVIETI STATE BANK, personally known to me ro be the same Person
whose name is subscribed Eo Ehe foreSoin8 instrument as such officer,
appeared before me this day in person and acknowledged that he signed
and delivered the said instrument as his free and voluntary act and
as the free and voluntary act of said corporatlon, for the uses and
purposes therein set forth; and Ehe said Richard G. Backus did also
then and there acknowledge that he' as custodian of the seal of said
corporation, did affix Ehe said corPorate seal to said instnment as
his own free and voluntary act and as the free and volunfary act of
sald corporation for the uses and purposes set forth.
GMN under ny hand and Notarial SeaL this lst day of llay, L984.
li Publo c
My Comnlssion Explres: June 25' 1985.
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and for said Corrr:Ly, in tl-re State afoLr=::aid, do
rti fy 'rhat L IiICEAEL
persolrally i:'-.,or,n to ne to be the F ?lnri ? i..i:r i- d - nt of
;ri,ir i,r,.n li.ri i,,rr.rl ",,r-,k & Tr rr:iL (l{ :':r-iy ()i. Clli r--:'jr), 'l
co.r'por-aLi on, ,-luly I icc-:s;-d io t r-il::act 'i'':s i;l'--ss j n the St':te
of illiroj s, ;rd SUZANNE G. BAKER,per sonal1Y !,-]ci+n to ne
to be the Aasiettat Secretiry of said,:olporation ald
Drirsol.ral ly k:lcr'-l-r to re to be il-re sai:re Persons r;llcse naii,cs
are subscribr:,f to the iorr-goi rlg instrunc-nt, a1;prea1''--d l:eiore
ii,e '.llis ri;y in P,jl s,-ri) .ird L: ri \; (' .' ; 1 'l- y a':1,:':l;1c'ig;,ti i'!l':t i b':y
siEne,i ; i-,rl rieliver'c-d ihe sai,l il:::i li:;:,''tt'i- ':s [ -rt*c\
P,tcsid;:nt at:d ajs_lslcnt _ S;cr.-'1.,'ry of s:1d cor ::,.,r .: i-ion, ;;''d
causc-d tlie Corporate S,:a1 of said col-frol'.rtion io b'e aiii;:cd
'r-lier.-e'Lo, pursuant to authorily given by the BcarC of Di t-c:cior s
of r:ai,i co-Lpor.ation, as ihr:ir ir.--e alld volullt;ly .:ct r,:-'d as
tl-re free .',,rd i,oli;nt.-.ry ;,;t ;lrd ,i:c-d of said colDc.ratlon, for
tl:e uses ;t:d pun,:ses tl:.:r tin seL forth -
GlVilN rr]lder rny haDd at:d liotarial Seal this A
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