R-32-04 05/24/2004RESOLUTION it-5�'0 q
RESOLUTION AUTHORIZING APPROVAL OF A
DRAINAGE EASEMENT WITH BRIARCLIFFE DEVELOPMENT, LLC AND
CITGO (PDV MIDWEST REFINING, LLC)
WHEREAS, the Village of Lemont requires a Drainage Easement in connection with
Briarcliffe Development, LLC and Citgo (PDV Midwest Refining, LLC); and
WHEREAS, the Village, Briarcliffe Development LLC, and Citgo (PDV Midwest Refining,
LLC) desire to have suitable access for the maintenance of stormwater facilities, and a Plat
of Easement is required to be executed by all three (3) parties to ensure this access.
NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees that the
Drainage Easement attached hereto as Exhibit A is hereby approved.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF LEMONT, COUNTIES OF COOK, WILL AND DuPAGE, ILLINOIS, on this 24th day of
Mav , 2004.
Debby Blatzer
Peter Coules
Brian Reaves
Steven Rosendahl
Ronald Stapleton
Jeanette Virgilio
AYES NAYS PASSED ABSENT
v
U
.lam /If .
ARLENE SMOLLEN, Village Clerk
Approved by me this 24th day of Mav , 2004.
Attest:
CHARLENE SMOLLEN, Village Clerk
Approved as to form:
JOHN ANTONOPOULOS, Village Attorney
Date:
FOR RECORDER'S USE ONLY
DRAINAGE EASEMENT
STATE OF LLLINOIS)
COUNTY OF COOK)
KNOW ALL MEN BY THESE PRESENTS:
THAT, for and in consideration of the sum of Ten and no /100 Dollars ($10.00) and other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, PDV
Midwest Refining, LLC, a Delaware Limited Liability Corporation, whose mailing address is
6100 South Yale Ave, Tulsa, Oklahoma 74136, .hereinafter referred to as "GRANTOR ", does
hereby grant without warranty or representation and to the extent GRANTOR may legally do so, for
the use and benefit of the Village of Lemont, Cook County, Illinois, whose mailing address is
418 Main Street, Lemont, Illinois 60439 -3788 (the "Village "), and Briarcliffe Development,
LLC, an Illinois Limited Liability Company, whose mailing address is 11900 Southwest
Highway, Palos Park, Illinois 60464 ( "GRANTEES ") a non - exclusive permanent easement
(hereinafter collectively referred to as the easement with the right to construct, reconstruct, repair,
inspect and maintain a storm sewer and drainage system together with all necessary manholes,
structures, ponds and appurtenances appertaining thereto (hereinafter collectively referred to as the
"Sewer System ") and the right of ingress and egress on, over, across, and through land owned by
GRANTOR or the most convenient route to the Sewer System, to, from, and including the easement
granted hereunder. GRANTEES shall obtain permission of the GRANTORS' authorized
representative for entry upon any portion of the easement that is inside GRANTORS' refinery
operations fenced area. The easement shall traverse real estate situated in Cook County, Illinois,
further described and shown on Exhibit "A" attached hereto and incorporated herein by reference,
together with all of the rights and benefits necessary and convenient for the full enjoyment and use
of the rights herein granted.
GRANTEES shall have the right to trim or remove, replace and/or alter any trees, shrubs or other
plants on the easement. No permanent buildings shall be placed on said easement, but same may
be used for gardens, shrubs, landscaping, fencing, barrier structures and all other purposes that
do not interfere with the aforesaid uses or rights.
GRANTEES or agents shall defend, indemnify and hold GRANTOR, its parent, subsidiary and
affiliate companies and all of their operators, directors, officers, or employees (the "Indemnified
Parties ") harmless from and against all awards, settlements, costs, or expenses (including
reasonable attorneys' fees and expert witness costs) resulting from any and all losses, liabilities,
damages, detriments, causes of action, administrative proceedings, claims, demands, civil
penalties or fines, or charges which the Indemnified Parties may directly suffer, sustain or be
subject to for injuries or death to any person (including, but not limited to, economic losses to
third parties, GRANTOR and the employees of the parties), any damage to property (including,
but not limited to, the environment and natural resources), and violations of any applicable
federal, state, or local laws, regulations, or ordinances by reason of or on account of the
construction, reconstruction, repair, inspection and maintenance of the Sewer System, and any
other activity connected with GRANTEES' use of easement, except for injuries, deaths, or
damages caused by or resulting from the sole negligence or willful misconduct of GRANTOR.
GRANTEES shall be responsible for any environmental contamination caused by , or arising from,
the construction, reconstruction, repair, inspection and maintenance of the Sewer System in the
easement by GRANTEES, and GRANTEES will clean up or remove any such environmental
contamination that may occur in compliance with the then existing laws, rules, and regulations.
Further, GRANTEES will defend, indemnify, and hold GRANTOR, its parent, subsidiary and
affiliate companies and all of their officers, operators, directors, agents or employees harmless from
any and all claims, liability expenses or costs of every kind and nature relating to the remediation of
any environmental contamination arising from the construction, reconstruction, repair, inspection
and maintenance of the Sewer System and/or any appurtenances in the easement by GRANTEES.
2. This instrument, and the covenants and agreements contained in it will inure to the benefit of,
and be binding and obligatory upon the heirs, executors, administrators, officers, successors and
assigns of the respective parties.
IN WITNESS WHEREOF the Parties hereto have executed this Easement this day
of , 2004.
PDV Midwest Refining, LLC
Village of Lemont
By:
As:
Briarcl
Mir
fe evelopment, LLC
Notary on following page
Acknowledgement
STATE OF OKLAHOMA )
COUNTY OF TULSA )
The foregoing instrument was acknowledged before me this day of
, 2004, on behalf of PDV Midwest Refining, LLC by Jerry E. Thompson,
as President and on behalf of said corporation.
Given under my hand and seal the day and year last above written.
STATE OF ILLINOIS )
COUNTY OF )
The foregoing instrument was acknowledged before me this 2,•-- day of
2004, on behalf f the Village of Lemont by
n �;nzz-c� , as t�� on behalf of
\(.110x . gq., U r •
Given under my hand and seal the day and year la bove written.
Notary Public
Acknowledgement
°.1L.t. .4 AA!?
Notary Public
Acknowledgement
STATE OF ILLINOIS
COUNTY OF WILL
The foregoing instrument was acknowledged before me this 22 "� day of
34 it Vars.) , 2004, on behalf of Briarcliffe Development, LLC by,
hrle 4 14(4/44L4s. as freJkilNii— and on behalf of
said company.
Given under my hand and seal the day and year last above written.
OFFICIAL SEAL
KENNETH A. SILVERMAN
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 11.22.2001
Notary Public
Prepared by:
AAreo Survey Compony
11340 1901 159•9 5400
0,1.4 0.4,1051511 110.57
PLAT F S GRANT
FOR DRAINAGE
r5(0.: (Mn 349 -7314
i..: 1701131'7372
C- 0.k.urvn10 M4940.1 1.1
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 25. TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST
QUARTER OF SECTION 25: THENCE NORTH 0019'32" EAST, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER,
2,324.00 FEET TO THE POINT OF BEGINNING: THENCE NORTH 89'40'284 WEST, PERPENDICULAR TO THE LAST
DESCRIBED LINE, 90.00 FEET: THENCE NORTH 00'19'32' EAST, 125.00 FEET: THENCE SOUTH 89440'284 EAST, 90.00
FEET TO THE EAST LINE OF SAID SOUTHEAST QUARTER: THENCE SOUTH 00419'32' WEST, ALONG THE EAST LINE
OF SAID SOUTHEAST QUARTER. 125.00 FEET TO THE POINT OF BEGINNING, ALL IN WILL COUNTY, ILLINOIS.
1
5 er4a'2r r
90.00'
90.00'
11 19'40'21' w
South lix 50 111. 505110•.1 1/4 W 2.•I1n 2537 -10 —
Project No 3815
Prepared for MrNoughton Development. Incorporated
S°o'43mam+ �..
20 10 0 10 20 40
Scale: 1" • 20'
5151. M.4515.)4
Candy 01 C.0.0 •'
1. 1110me A C1a, on 01115. 001450.44 1.n0 55(1rar. O. 11410..,
e.riny 11151 1 Wow 90.0(•4 Warn 111. yuplk ,n.Vd 0,. 9059 1y
00.10 n4 4505.e 114.4. 15( Me 1....00 55(501. 00501 00
MAR n4 111.1 00. 00, 1 WN 1. 4 00.0 1peen(.11n 110.011.
o... 1111 12th 4.1'51 Noxemb.r 2003
7.15
e111I015 11101155101402 LAND 51.1e3T700 NO 2205
0u.n1 e.01.50n [Mr 110..140., 3O. 2000
5140 reowees o5511L1 911,., 11o. 1114- 002510