R-24-24 Temp. Easement for Main St. from Wheeler Drive to IL Route 83tf.
418 Main Street I Lemont, IL . 60439
TO: Village Board Meeting
FROM: Ted Friedley, Public Works
THROUGH:
SUBJECT: A Resolution Granting Temporary Easement for Main Street from Wheeler
Drive to IL Route 83 IL 171
DATE: April 8, 2024
SUMMARY/BACKGROUND
The Illinois Department of Transporation is requesting a Temporary Easement to perform work
on the storm system culvert located at the Southeast corner of Main Street and Wheeler
Drive. The PIN number for said property is 22-21-306-009. The easement will terminate five
years from the execution of this document or upon completion of the project, whichever is
sooner. Nominal consideration in the amount of $300.00 will be provided to the Village from
the State of Illinois.
ANALYSIS
Consistency with Village Policy
STAFF RECOMMENDATION
Pass Resolution Granting Temporary Easement for Main Street from Wheeler Drive to IL
Route 83 IL 171.
BOARD ACTION REQUESTED
Pass Resolution Granting Temporary Easement for Main Street from Wheeler Drive to IL
Route 83 IL 171.
ATTACHMENTS
A Resolution Granting Temporary Easement for Main Street from Wheeler Drive to IL Route
83 IL 171.pdf
VILLAGE OF LEMONT
RESOLUTION
NUMBER R-,7,q-24
A RESOLUTION GRANTING TEMPORARY EASEMENT FOR MAIN STREET FROM
WHEELER DRIVE TO IL 83 / IL 171
JOHN EGOFSKE, Village President
CHARLENE M. SMOLLEN, Clerk
JANELLE KITTRIDGE
DA VE MAHER
KEN MCCLAFFERTY
KEVIN SHA UGHNESSY
RICK SNIEGOWSKI
RON STAPLETON
Trustees
Published in pamphlet form by authority of the Village President and Board of Trustees of the Village of Lemont ml"/ - 's%-2024
RESOLUTION NO. R- Z / -24
A RESOLUTION GRANTING TEMPORARY EASEMENT FOR MAIN STREET FROM
WHEELER DRIVE TO IL 83 / IL 171
WHEREAS the President and Board of Trustees of the Village of Lemont desire to enter
into a Temporary Construction Easement Agreement as attached Exhibit A with the State of
Illinois Department of Transportation for property commonly referred to as Main Street from
Wheeler drive to IL Route 83 / IL 171, a copy of which is attached as Exhibit B and incorporated
in its entirety; and
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of
the Village of Lemont, Counties of Cook, Will and DuPage, Illinois, as follows:
SECTION 1:
That the above recitals and legislative findings are found to be true and correct and are
hereby incorporated herein and made a part hereof as if fully set forth in their entirety.
SECTION 2:
The President and Board of Trustees of the Village of Lemont hereby approve the
Agreement attached hereto as Exhibit A, is hereby approved.
SECTION 3:
The President and/or Village Administrator are authorized to execute the Agreement, to
make minor changes to the document prior to execution that do not materially alter the Village's
obligations, and to execute such further documents and instruments and take such further actions
as they shall deem necessary or appropriate in order to carry out the intent and effect the
provisions and purposes of this Resolution and Agreement.
SECTION 4:
This Resolution shall be in full force and effect from and after its passage and approval as
provided by law.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAC4E OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS,
ON THIS DAY OF 2024.
PRESIDENT AND VILLAGE BOARD MEMBERS:
AYES: NAYES: ABSENT: ABSTAIN:
Janelle Kittridge I�
Dave Maher
Ken McClafferty
Kevin Shaughnessy
Rick Sniegowski
Ron Stapleton
JOHN EGOFSKE
President
ATTEST:
CHARLENVVSM 0LLEN
Village Clerk
Exhibit A
Temporary Construction Easement
Owner:
The Village of Lemont, an
Illinois Municipal Corporation
Route:
Main Street
Section:
Wheeler Dr. to IL 83/IL 171
County:
Cook
Project No.:
Job No.:
R-90-001-19
Parcel No.:
OMM0028 TE
P.I.N. No.:
22-21-306-009
TEMPORARY CONSTRUCTION EASEMENT
(Governmental Entity)
The Village of Lemont, an Illinois Municipal Corporation, a governmental entity organized
and existing under and by virtue of the laws of the State of Illinois and duly authorized to do
business under the Statutes of the State of Illinois, (Grantor), by John Egofske, its Mayor, for and
in consideration of Three Hundred Dollars ($300.00), receipt of which is hereby acknowledged,
and pursuant to the provisions of 50 ILCS 605/4 hereby represents that Grantor owns the fee
simple title to and grants and conveys to the People of the State of Illinois, Department of
Transportation, (Grantee), a temporary construction easement for the purpose of roadway
construction and other highway purposes, on, over, and through the following described real
estate:
See attached legal description.
Address: Southeast corner of Main Street and Wheeler Drive, Lemont, Illinois
situated in the County of Cook, State of Illinois. The above -described real estate and
improvements located thereon are herein referred to as the "premises."
The right, easement and privilege granted herein shall terminate Five years from the
execution of this document, or on the completion of the proposed project, whichever is the sooner.
Grantor shall have and retain all rights to use and occupy the premises and access to
Grantor's remaining property, except as herein expressly granted; provided, however, that
Grantor's use and occupation of the premises may not interfere with Grantee's use of the
premises in the purposes herein described.
Grantor, without limiting the interest above granted and conveyed, acknowledges that
upon payment of the agreed consideration, all claims arising out of the above acquisition have
been settled, including without limitation, any diminution in value to any remaining property of the
Grantor caused by the opening, improving and using the premises for highway purposes. This
acknowledgment does not waive any claim for trespass or negligence against the Grantee or
Grantee's agents which may cause damage to the Grantor's remaining property.
This grant shall constitute a covenant, which runs with the land, and shall be binding upon
the legal representatives, successors and assigns of Grantor.
Page 1 of 2 (New 4112)
Dated this day of 204.
The Village of Lemont, an Illinois Municipal
Corporation
By:
Signature
John Egofske, Village President
ATTEST:
By:
Signature
Charlene Smollen, Village Clerk
State of 11
County of �' ss
) ®Z L i �®
This instrument was acknowledged before me on • ri, I 2021, by John
Egofske, as Village President and Charlene Smollen, as Village Clerk of The Village of Lemont,
an Illinois Municipal Corporation, a governmental entity organized and existing under the laws of
Illinois.
This instrument was prepared by and after recording, mail this instrument to:
Illinois Department of Transportation
ATTN: Bureau of Land Acquisition
201 Center Court, Schaumburg, IL 60196-1096
Page 2 of 2 (New 4112)
Exhibit B
Parcel Description Main Street from Wheeler Drive to IL Route 83 / IL 171
Route:
FAU 3587 — Main Street
Section:
From Wheeler Drive to IL 83
(Archer Avenue)
County:
Cook
Job No.:
R-90-001-19
Parcel:
OMM0028TE
Stations:
16+30.00 to 16+45.00
P.1. N.:
22-21-306-009
PARCEL DESCRIPTION
That part of Lot 115 in McCarthy Pointe, recorded January 24, 1990 as document 90038336,
being a Subdivision of part of the Southwest Quarter of Section 21 and part of Northwest
Quarter of Section 28, Township 37 North, Range 11 East of the Third Principal Meridian, in
Cook County, Illinois, said bearings and distances based on the Illinois State Plane
Coordinate System, NAD '83 (2011), East Zone, with a combined factor of 0.99997500,
described as follows:
Commencing at the intersection of the east line of Lot 115 with the southerly line of Main Street
as widened per warranty deed document no. 2210146046 recorded April 11, 2022: thence
South 69 degrees 17 minutes 13 seconds West, along said southerly line, 5.34 feet; thence
North 20 degrees 42 minutes 47 seconds East, 7.29 feet to the Point of Beginning; thence
South 69 degrees 17 minutes 13 seconds West, 15.00 feet; thence North 20 degrees 42
minutes 47 seconds West, 10.00 feet; thence North 69 degrees 12 minutes 59 seconds East,
15.00 feet; thence South 20 degrees 42 minutes 47 seconds East, 10.02 feet to the Point of
Beginning.
Said parcel containing 0.003 Acre (150 Square Feet), more or less.
APPROVED
By Miguel, Coroano at 11=Aug
Exhibit C
Certified Resolution
Owner:
The Village of Lemont, an
Illinois Municipal Corporation
Route:
Main Street
Section:
Wheeler Dr. to IL 83/IL 171
County:
Cook
Project No.:
Job No.:
R-90-001-19
Parcel No.:
OMM0028 TE
P.I. N. No.:
22-21-306-009
CERTIFIED RESOLUTION
(Governmental Entity)
I, John Egofske, Village President of The Village of Lemont, an Illinois Municipal
Corporation, a governmental entity organized and existing under the laws of the State of Illinois,
including without limitation, city, village, incorporated town, county, park district, or township, do
hereby certify that:
1. The following is a true and correct copy of a resolution adopted by the Council or
Board of said governmental entity, a quorum of its members, trustees, or commissioners being
present at a meeting held of the '9 day of Dirt i 2o2A and
2. The resolution has not been amended or revoked and is in full force and effect.
Resolved that John Egofske, the Village President and Charlene Smollen, the Village
Clerk of the Council or Board of the above -referenced governmental entity are hereby authorized
and directed to convey the governmental entity's interest in the following described real estate in
Cook County, Illinois to the People of the State of Illinois, Department of Transportation for
highway purposes for the sum of $Three Hundred and no/100 Dollars ($300.00):
See attached legal description.
Further resolved that they are authorized and directed to execute and deliver such
instruments as may be necessary or convenient to consummate such sale.
Further resolved that the members, aldermen, trustees or commissioners of the Council
or Board of the governmental entity or electors of the governmental entity, pursuant to 50 ILCS
605/4 voted for the adoption of this resolution as follows: AYE NAY ; ABSENT
I
Page 1 of 2 (Rev. 10112)
By:
Signature
State of 11f A 0 t
) ss
County of
John Egofske, Village President
This instrument was acknowledged before me on Awd 20 , by
1.1
John Egofske, as Village President of The Village of Lemont, an Illinois Municipal Corporation.
(SEAL)
JANET S. FISHER-SCHATZ Notary Public
QFEICIAL SEAL P�
Notary Public - State of Illinois My Commission Expires:°
My C'ornmission Expires Mar 02, 2026
Page 2 of 2 (Rev. 10112)
Route:
FAU 3587 — Main Street
Section:
From Wheeler Drive to IL 83
(Archer Avenue)
County:
Cook
Job No.:
R-90-001-19
Parcel:
OMM0028TE
Stations:
16+30.00 to 16+45.00
P.1. N.:
22-21-306-009
PARCEL DESCRIPTION
That part of Lot 115 in McCarthy Pointe, recorded January 24, 1990 as document 90038336,
being a Subdivision of part of the Southwest Quarter of Section 21 and part of Northwest
Quarter of Section 28, Township 37 North, Range 11 East of the Third Principal Meridian, in
Cook County, Illinois, said bearings and distances based on the Illinois State Plane
Coordinate System, NAD '83 (2011), East Zone, with a combined factor of 0.99997500,
described as follows:
Commencing at the intersection of the east line of Lot 115 with the southerly line of Main Street
as widened per warranty deed document no. 2210146046 recorded April 11, 2022: thence
South 69 degrees 17 minutes 13 seconds West, along said southerly line, 5.34 feet; thence
North 20 degrees 42 minutes 47 seconds East, 7.29 feet to the Point of Beginning; thence
South 69 degrees 17 minutes 13 seconds West, 15.00 feet; thence North 20 degrees 42
minutes 47 seconds West, 10.00 feet; thence North 69 degrees 12 minutes 59 seconds East,
15.00 feet; thence South 20 degrees 42 minutes 47 seconds East, 10.02 feet to the Point of
Beginning.
Said parcel containing 0.003 Acre (150 Square Feet), more or less.
APPROV�f�
By MigueLCweano at 1 i:02 am, Auc� 04, 1121
Exhibit D
Receipt of Conveyance Documents and Disbursement Statement
Illinois Department
of Transportation
Receipt of Conveyance Documents and
Disbursement Statement
Owner: The Village of Lemont, an Illinois Municipal Corporation
Job No.: R-90-001-19
Parcel No.: OMM0028 TE
The People of the State of Illinois, Department of Transportation (Grantee) acknowledges Receipt of the
following:
(check all that apply)
❑ Warranty or Trustee's Deed covering acres
❑ Permanent Easement covering 0.000 acres
® Temporary Easement covering 0.003 acres
all located in Cook County, Illinois as right of way for Main Street, Section Wheeler Dr. to IL 83/I1- 171, dated
, 20_, executed by the undersigned Grantors.
Grantor and Grantee agree as follows:
1. The payment of the sum of Three Hundred and no/100 Dollars ($300.00) to Grantor as total consideration
for the easement by Grantee is subject to Grantee's approval of title and documentation and, if applicable,
Grantee's final approval in accordance with Section 9.02 of the Illinois State Finance Act.
2. All improvements located, wholly or partially, on the parcel shall become the property of the State of Illinois,
unless provided as follows: None.
3. Possession and right to use the property occur when Grantee delivers a state warrant to Grantor, in person
or to the address stated herein, in the amount of the above stated consideration, unless provided herein.
Grantor shall have the sole responsibility and obligation to protect, preserve and maintain the parcel and
improvements thereon until delivery of possession to Grantee.
4. Grantor directs Grantee to disburse the above stated consideration by warrant or by separate warrants as
follows:
Name* TIN/FEIN/SSN** Address Amount
The Village of Lemont 418 Main St. $300.00
Lemont. IL. 60439
*If multiple names, on the same warrant, list first and circle the name of the person or entity whose TIN/FEIN/SSN is
entered above. If lien holder is to be paid by warrant, use Grantor's TIN or SSN with their name listed first and lien holder
second. The first payee must match the TIN used.
**Attach a current W-9 form for each TIN/FEIN/SSN.
Page 1 of 2 LA 4112A Template (Rev. 02/9/16)
5. NON -FOREIGN CERTIFICATION — FIRPTA. Section 1445 of the Internal Revenue Code provides that a
transferee (buyer) of a U.S. real property interest must withhold tax if the transferor is a foreign person. For
purposes of this paragraph, "Transferee" shall mean "Grantee" and "Transferor" shall mean "Grantor". To
inform the Grantee that withholding of tax is not required upon the disposition of a U.S. real property interest
by Grantor, the Grantor hereby certifies the following:
a. Transferor is the owner of the real property being conveyed;
b. Transferor is not a foreign person (as such term is defined in the Internal Revenue Code and Income Tax
Regulations); and
c. Transferor's U.S. Taxpayer Identification Number and address set forth above are true and correct.
Transferor understands that this certification may be disclosed to the Internal Revenue Service by Transferee
and that any false statement contained herein could be punished by fine, imprisonment or both.
Initial
6. Illinois law (15 ILCS 405/10.05 to 405/10.05b) requires the State of Illinois Comptroller to deduct from any
State of Illinois warrants or payments the amount of any outstanding account or claim in favor of the State of
Illinois and any amount necessary to satisfy past due child support or delinquent student loan and financial
aid obligations on any loan guaranteed by the Illinois Student Assistance Commission.
7. This Receipt of Conveyance Documents and Disbursement Statement is the entire and exclusive agreement
between the parties and supersede any written or oral understanding, promise or agreement, directly or
indirectly related to the conveyance of parcel and improvements. The parties agree that any changes to this
Receipt may only be made in writing and signed by the parties.
Date: I 204
Grantor: The Village of Lemont, an Illinois Municipal Corporation
Signature
John Egofske, Village President
Date
20
Grantee:
The People of the State of Illinois, Department of Transportation
for State of Illinois, Department of Transportation
Page 2 of 2 LA 4112A Template (Rev. 02/9/16)
Exhibit E
Affidavit of Title
Illinois Department
of Transportation
Owner:
The Village of Lemont, an Illinois Municipal Corporation
Address:
Southeast corner of Main Street and Wheeler Drive, Lemont, Illinois
Route:
Main Street
Section:
Wheeler Dr. to IL 83/IL 171
County:
Cook
Project:
Job No.
R-90-001-19
Parcel No.
OMM0028 TE
P.I.N. No.
22-21-306-009
State of Illinois )
) ss
County of Cook )
I, John Egofske, Village President, being first duly sworn upon oath states as follows:
1. Affiant has personal knowledge of the facts averred herein.
Affidavit of Title
2. ® There are no parties other than Grantor in possession of any portion of the premises described in
the attached Exhibit "A" through easement, lease, oral or written, or otherwise, whether or not of
record.
❑ There are no parties other than Grantor and the parties listed below in possession of any portion
of the premises described in the attached Exhibit "A" through easement, lease, oral or written, or
otherwise, whether or not of record:
SEE ATTACHED EXHIBIT "A"
3. This affidavit is made to provide factual representation as a basis for the State of Illinois to accept a
document of conveyance for the premises described in said conveyance, the premises being a portion
of or all of the above described premises, from the record owners thereof.
4. The affiant has no knowledge of any driveway agreements, encroachments, overlaps, or boundary line
disputes involving the premises to be conveyed.
5. The said premises described in Exhibit "A" are: (Check One)
❑ Vacant and unimproved ❑ Agricultural and unimproved
® Improved and
(A) There have been no improvements made or contracted for on the premises within six (6)
months immediately preceding the date of the affidavit, out of which a claim for a mechanics'
lien could accrue or has accrued, and
(B) To the best of my knowledge all improvements now on the premises comply with all local
building and zoning ordinances.
Page 1 of 3 LA 4111 A (Rev. 11 /07/11)
6. There are no chattel mortgages, conditional sales contracts or financing statements existing on or in
connection with the premises to be conveyed which are not shown by the public records.
7. There are no taxes or special assessments which are not shown as existing liens by the public records
involving the premises described in Exhibit A.
8. Per 50 ILCS 105/3.1, the identities of all owners and beneficiaries having an interest in the premise to
be conveyed are as follows (check applicable box(es) and complete information requested):
❑ Individual. Individual owner of the property is:
❑ Nonprofit Organization. There is no individual or other organization receiving distributable
income from the organization.
® Public Organization, including units of local government. There is no individual or other
organization receiving distributable income from the organization.
❑ Publicly -Traded Corporation. There is no readily known shareholder having more than 7-1/2%
of the total distribution income of the corporation.
❑ Corporation, Partnership, Limited Liability Company. Those entitled to receive more than 7-
1/2% of the total distributable income of said entity are as follows:
Name Address
*1.
2.
3.
4.
❑ Land Trust or Declaration of Trust. The identity of each beneficiary of Grantor Trust is as
follows:
Name Address
*1.
2.
3.
4.
* IF THE INITIAL DISCLOSURES SHOW INTERESTS HELD BY ANOTHER CORPORATION,
PARTNERSHIP, LIMITED LIABILITY COMPANY, OR TRUST, THEN FURTHER DISCLOSURES SHOULD BE
PROVIDED UNTIL THE NAMES OF INDIVIDUALS OWNING THE INTEREST IN THE ENTITY ARE
DISCLOSED.
Page 2 of 3 LA 4111A (Rev. 11/07/11)
Dated this day of d, r 1 , 204.
The Village of Lemont, an Illinois Municipal Corporation
y: ,
John Vgofoske, Village President
State ofL
� ) ss.
County of
This instrument was acknowledged before me on �6 20, by John Egofske as Village
President of the Village of Lemont, an Illinois Municipal Lrporation.
NOTE: THIS AFFIDAVIT MAY BE EXECUTED AND ACKNOWLEDGED ON BEHALF OF THE RECORD
OWNER(S) BY ANY ONE OF THE RECORD OWNERS, OFFICERS, MANAGERS, PARTNERS,
OR TRUSTEES HAVING KNOWLEDGE OF THE FACTS IN THIS AFFIDAVIT.
Page 3 of 3 LA 4111A (Rev. 11/07/11)
Date: 04/ 10/2024
Job R-90-001-19
FAU 3587 - Main Street
County Cook
Section Wheeler Drive to IL 83 (Archer Avenue)
Parcel OMM0028
WTC Number: I1-2023CO-12885.0
A.L.T.A. COMMITMENT FORM
Schedule A Continued
LEGAL DESCRIPTION
LOT 115 IN MCCARTHY POINTE, BEING A SUBDIVION OF PART OF
THE SOUTHWEST 1/4 OF SECTION 21, AND PART OF THE NORTHWEST
1/4 OF SECTION 28, ALL IN TOWNSHIP 37 NORTH, RANGE 1 1 EAST OF
THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
EXCEPT THAT PART OF LOT 115 IN MCCARTHY POINTE, RECORDED
JANUARY 24, 1990 AS DOCUMENT 90038336, BEING A SUBDIVISION OF
PART OF THE SOUTHWEST QUARTER OF SECTION 21 AND PART OF
NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 37 NORTH, RANGE
11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS, BEARINGS AND DISTANCES BASED ON THE ILLINOIS
STATE PLANE COORDINATE SYSTEM, NAD 83 (2011), EAST ZONE,
WITH A COMBINED FACTOR OF 0.99997500, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 115; THENCE
SOUTH 01 DEGREE 46 MINUTES 07 SECONDS EAST ALONG THE EAST
LINE OF SAID LOT 115, A DISTANCE OF 18.31 FEET; THENCE SOUTH 69
DEGREES 17 MINUTES 13 SECONDS WEST, 5.34 FEET; THENCE NORTH
20 DEGREES 42 MINUTES 47 SECONDS WEST, 17.31 FEET TO THE
NORTH LINE OF SAID LOT 115; THENCE NORTH 69 DEGREES 12
MINUTES 59 SECONDS EAST ALONG SAID NORTH LINE, 11.28 FEET TO
THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.003 ACRES
(144 SQUARE FEET), MORE OR LESS. SITUATED IN THE COUNTY OF
COOK AND IN THE STATE OF ILLINOIS.
PERMANENT TAX NUMBER(S): 22-21-306-009
ISSUED BY:
Wheatland title Company
105 W. Veterans ParhN ay
vorkville. Illinois 60560
Agent for:
Fidelity National'I itle Insurance Company