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R-18-02 03/11/02RESOLUTION RESOLUTION APPROVING EASEMENT AGREEMENT FOR PUBLIC UTILITIES AND DRAINAGE AT 627 FIRST STREET WHEREAS, the Village of Lemont is proposing to undertake storm sewer and water main improvements between Fourth Street and First Street, and WHEREAS, portions of the storm sewer improvements lie on privately owned properties at 627 First Street, with ownership belonging to Raymond and Jeanne Ferry; and WHEREAS, the Village has requested that the owners dedicate a public utility and drainage easement for such improvements. NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees that the attached Easement Agreement with Raymond and Jeanne Ferry 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 11th day of March , 2002. John Benik Debby Blatzer Peter Coules Connie Markiewicz Steven Rosendahl Jeanette Virgilio AYES NAYS PASSED ABSENT Approved by me this 11th day of March , 2002. JOH AZZA, Villag `TP• sident Attest: CHARLENE SMOLLEN, Village Clerk Approved as to form: JOHN ANTONOPOULOS, Village Attorney EASEMENT AGREEMENT THIS AGREEMENT is made and entered into t i / S day of 124 iZ r?, , 2002, by and between the VILLAGE OF LEMONT, a Municipal Corporation, hereinafter referred to as "Grantee ", and RAYMOND M. FERRY and JEANNE FERRY, husband and wife, hereinafter referred to as "Grantor". WITNESSETH: WHEREAS, Grantors are willing to grant and assign to the Grantee, a perpetual easement subject to the terms, covenants and conditions hereinafter set forth: NOW, THEREFORE, in consideration of the mutual promises and undertakings and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor hereby grants a perpetual easement to the VILLAGE OF LEMONT, its successors and assigns, for the full and free right and authority to install, construct, and maintain a storm sewer over the North six (6) feet and a water main over the South six (6) feet of Grantors' property. GRANTORS agree to execute a Plat of Easement as attached hereto and made a part hereof. GRANTORS represent and warrant to the Grantee that Grantors are the true and lawful owners of the following described property and have full right and power to grant and convey the rights conveyed herein: The South 1/2 of Lot 13 in George L. Becker's Subdivision of the East IA of the Northwest 1/4 of Section 28, Township 37 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. Permanent Tax Index Number: 22 -28- 104 -097 IN CONSIDERATION for the Grantors conveying the above - described easement, the VILLAGE OF LEMONT agrees to: 1. Provide one (1) residential sewer and water connection at no charge, and agree that said fee waiver shall be available to any person, firm, or corporation making a connection to the sewer and water system for Grantors' property or its successors and /or assigns. 2. The Grantee hereby agrees to restore all property disturbed by its activities- in use of the easement to the condition existing prior to the disturbance.and replace trees. VILLAGE OF LEMONT represents and warrants that the property is a buildable lot and meets all of the square footage and frontage requirements and further verifies that the side yard set -backs shall be six (6) feet and that the Grantors or its successors and /or assigns can construct a single family residence to the six (6) foot side yard lot line. GRANTORS shall not construct improvements in the Easement Area or change the finish grade of the Easement Area without the consent of the Grantee. THIS EASEMENT is binding upon and shall inure to the benefit of the heirs, successors, assigns, and licensees of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Easement Agreement on the date above written. GRANTORS: GRANTEE: eanne Ferry State of Illinois, County of Coo IL } I, , s• „, . • S , a Notary Public in and for said County, in the State aforesaid, do hereby certify that J iT F. PIAZZA, President of the VILLAGE OF LEMONT, a Municipal Corporation, personally k ow to me to be the same person whose name is subscribed to the foregoing instrument as su - resident, appeared before me this day in person and acknowledged that he signed and delivered said instrument as his own free and voluntary act and as the free and voluntary act of said Village of Lemont, for the uses and purposes then ' - • ,. , �c+� : 1 ..r my hand and notarial seal this ick"day of M,an.JA 2002. . k.... i OS M V YATES NOTARY ;JIJBLIC, STATE OF ILLINOIS MY Cr,voiSSiON EXPIRES 8.12.2004 e of Lemont, a icipal orporation, by John F. Piazza, President s awn .{ S Notary Public State of Illinois, County of o } I11-11i h dibda , a Notary Public in and for said County, in the State aforesaid, do hereby certify that RAYMOND M. FERRY and JEANNE FERRY, husband and wife, personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person and acknowledged that they signed and delivered said instrument as their own free and voluntary act for the uses and purposes therein set forth. Given under my ha • and notarial s-. this day of /1'74 &24/ , 2002. 'OFFICIAL SEAL' JOHN P. ANTONOPOULOS Notary Public, State of Ullnols My Commission Expires Dec. 15, 2005 This instrument prepared by: Antonopoulos & Virtel, P.C. 15419 127th Street, Suite 100 Lemont, Illinois 60439 Notary Public Return recorded document to: Antonopoulos & Virtel, P.C. 15419 127th Street, Suite 100 Lemont, Illinois 60439 STATE OF ILLINOIS ) SS COUNTY OF COOK ) THIS IS TO CERTIFY THAT AM FERRY IS THE OWN R OF RECORD OF THE PROPERTY DESCRIBED HEREON AND DOES HEREBY CONSENT TO THE EASEMENTS GRANTED BY THIS DOCUMENT. DATED THIS / DAY OF /D/ /9 :/ C /- 2001. STATE OF ILLINOIS ) COUNTY OF /C�OO✓K� I) `r SAID COUNTY IN THE STATE AFORE, DO HEREBY CERTIFY THAT FOR FERRY, PERSONALLY KNOWN TO ME TO BE THE SAME PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT APPEARED BEFORE ME THIS DAY, IN PERSON, AND ACKNOWLEDGED THAT HE SIGNED AND DELIVERED SAID INSTRUMENT AS HIS OWN FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES SET FORTH. ';VEN DER Y HAND AND SEAL THIS ( DAY OF _i/ id 20 OTAR UBLIC MY COMMISSION EXPIRES: SS C,1 REVISED: FEBRUARY 25TH, 2002: PER REVIEW P.I.N. 22 -28 -104 -097 SCALE: ONE INCH= 40 FEET ORDERED BY: NOVOTNY & ASSOC. ORDER NO.: 01 -5546 C PLAT OF EASEMENT GRANT TO THE VILLAGE OF LEMONT FOR PUBLIC UTILITIES & DRAINAGE orer, under, through 4 across the following described property: THE WEST 10.00 FEET, THE NORTH 6.00 FEET AND THE SOUTH 6.00 FEET OF THE SOUTH 1/2 OF LOT 13 IN GEORGE L. BECKER'S SUBDIVISION OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SECTION 28, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. STATE OF ILLINOIS ) \ NOT+1 LINE SOUTH 1/2 OF LIYT 13 298.50' EASEMENT HEREBY GRANTED TO THE VILLAGE OF LEMONT FOR PUBLIC UTILITIES & DRAINAGE 0 O s .1 SS 2 98.52' SOUTH LINE LOT 13 tD' Area Survey Company 11340 West 159th Street Orland Park. Ilnon 60467 Phone (708) 349 -7364 FAX (706) 349-7372 COUNTY OF COOK ) 1, THOMAS J. CESAL, AN ILLINOIS PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE PREPARED THIS GRANT OF EASEMENT FROM PUBLIC RECORDS AND DRAWINGS FOR THE USES AND PURPOSES THEREIN SET FORTH. THIS 5TH OF APRIL, 2001. /) Iii o, J l / /.v/ �.,.f..ill"!I ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 2205 LICENSE EXPIRES: 11-30-2002 THOMAS t J. . CESAL / 2205 at ...............