R-46-02 07/24/02RESOLUTION
RESOLUTION APPROVING GRANTS OF EASEMENT TO COMMONWEALTH EDISON
COMPANY AND AMERITECH ILLINOIS FOR RELOCATION OF UTILITIES IN
CONJUNCTION WITH FOURTH STREET IMPROVEMENTS
WHEREAS, the Village of Lemont proposes to undertake roadway and utility improvements
to Fourth Street; and
WHEREAS, the Village of Lemont has secured a 20 foot easement from each affected
property owner on Fourth Street to provide for roadway and utility improvements; and
WHEREAS, the Village of Lemont seeks to grant utility easements to Commonwealth
Edison Company and Ameritech Illinois for relocation of utilities in conjunction with the Fourth
Street improvement project.
NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the
Village of Lemont as follows:
Section 1. That the Village Administrator is hereby authorized to execute Grants of
Easement attached hereto as Exhibits A through M on behalf of the Village of Lemont in conjunction
with the Fourth Street roadway and utility improvements.
Section 2. That the Grants of Easement attached hereto as Exhibit A through M to
Commonwealth Edison and Ameritech Illinois for Relocation of Utilities in conjunction with the
Fourth Street roadway and utility improvements are hereby approved.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS,
on this 24th day of June , 2002.
John Benik
Debby Blatzer
Peter Coules
Connie Markiewicz
Steven Rosendahl
Jeanette Virgilio
At - .t:
ARLENE SMOG LEN, Village Clerk
AYES NAYS PASSED ABSENT
. PIAZZA, Village Pre
SLO, si-ri 6 we,
Ackok-Ar% eteS
GRANT OF EASEMENT
WHEREAS, VILLAGE OF
LEMONT, a municipal
corporation. of 418 Main Street.
Lemont IL ( "Grantor "), by a
document recorded in Cook
County, Illinois as Document No.
98642258 (the "Road Easement "),
has been granted an easement upon
the property legally described on
the attached Exhibit A (the
"Property"); and
WHEREAS, Grantor
desires to grant Grantee (as
hereinafter defined) a perpetual
non - exclusive easement over the Property for the purposes set forth herein.
NOW THEREFORE, Grantor, in consideration of the sum of One Dollar and other good
and valuable consideration, receipt of which is hereby acknowledged, hereby gives, grants and
conveys to Commonwealth Edison Company, an Illinois corporation, and Ameritech Illinois a/k/a
Illinois Bell Telephone Company, an Illinois corporation (each individually a "Grantee" and
collectively "Grantees "), their respective licensees, successors and assigns, jointly and severally, a
non - exclusive easement to construct, operate, repair, maintain, renew, modify, reconstruct,
replace, supplement, relocate and remove, from time to time, poles, cables, conduits, manholes,
pedestals, guys, anchors, wires, transformers or other facilities used in connection with overhead
and underground transmission and distribution of electricity, telephone, communications, sounds
and signals, together with right of access to the same and the right, from time to time, to trim and
remove trees, bushes, roots and saplings and to clear obstructions from the surface and subsurface
as may be reasonably required incident to the grant herein given, in over, under, across and along
the surface of the Property, as legally described within the aforementioned Exhibit A. No
structure or obstructions shall be placed over Grantee's facilities or in, upon or over the Easement
Premises without the prior written consent of the Grantees. After installation of any such facilities
by Grantees, the grade of the property shall not be altered in a manner so as to interfere with the
operation and maintenance thereof. Grantor also hereby transfers and assigns to Grantees all of its
rights granted to Grantor for the placement of the aforementioned facilities in the Road Easement,
but none of the obligations or burdens contained in the Roadway Easement.
Grantor hereby represents and warrants to Grantee that it has the full power and authority
to grant and convey this Easement to the Grantees. Grantor agrees to defend (with counsel
acceptable to Grantee), indemnify and hold the Grantees, their successors and assigns, harmless
from and against any and all losses, costs, expenses (including attorneys' fees, court and litigation
costs), liabilities, damages, claims or causes of action whatsoever brought against the Grantees
resulting from or in any way relating to Grantees' right to install it's facilities by Grantee and/or by
their employees', contractors' or agents' use or activities upon the Easement
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Premises or their exercise of the rights granted herein, including but not limited to any claims
brought against the Grantees for a breach of the terms or covenants contained in the Roadway
Easement; provided, however, that this indemnification shall not extend to any losses, costs
expenses (including attorneys' fees, court and litigation costs), liabilities, damages, claims or
causes of action direction directly caused by the Grantees' negligence or intentional misconduct.
IN WITNESS wh4r=f, the Grantor has caused this Grant of Ea :ement to be executed this
S�'1day of o4-I4-2 , 2002.
GRANTOR:
THE VILLAGE OF LEMONT
By: /ea /44-esiAzA)
Name: y C, ,4' o i
Its:
0/1/4y. //d m ire /.171r4.-74ne
STATE OF ILLINOIS
COUNTY OF Coo
sam a Notary Public in and for the State and Couqty aforesaid, do
hereby certify that (; Pi on. O, , the )(j rya vii s of the
Village of Lemont, . municipa13orporation who is personally known to me to be the same person
whose name is subscribed to the foregoing instrument as such Aa y ,n i s I-raj-a,e- ,
appeared before me this day in person and acknowledged that [s]he signed and delivered the said
instrument as his/her own free and voluntary act and as the free and voluntary act of the Village,
for the uses and purposes therein set forth pursuant to authority given by the City Council of said
Village under a resolution or ordinance adopted by said Village.
Given under my hand and notarial seal this a144-1" day of yt,t__— A.D. 2002.
SEAL
Notary Public
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EXHIBIT
EXHIBITS
PROPERTY ADDRESS P.I.N
A 509 Fourth Street 22 -28- 105 -042
B 515 Fourth Street 22 -28- 105 -043
C 519 Fourth Street 22 -28- 105 -003
22 -28- 105 -004
D 527 Fourth Street 22 -28- 105 -005
E 533 Fourth Street 22 -28- 105 -036
F 545 Fourth Street 22 -28- 105 -009
G 549 Fourth Street 22 -28- 105 -029
H 549 Fourth Steet 22 -28- 105 -030
I 555 Fourth Street 22 -28- 105 -012
J 561 Fourth Street 22 -28 -105 -034
K 565 Fourth Street 22 -28- 105 -035
I. 621 Fourth Street 22 -28- 105 -017
NI 631 Fourth Street 22 -28- 105 -038