R-03-03 01/27/03RESOLUTION
3
RESOLUTION GRANTING EASEMENT TO
THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
WHEREAS, the Village of Lemont undertaken public improvements in conjunction with the
construction of Safety Village and related public parking lot improvements; and
WHEREAS, the Metropolitan Water Reclamation District of Greater Chicago (MWRD) has
constructed its Lemont Water Reclamation Plant (WRP), situated at Stephen and River Streets in
Lemont; and
WHEREAS, in order to access the Lemont WRP it is necessary for the MWRD to obtain a
perpetual easement under, over, and through certain premises adjacent Safety Village, hereinafter
described for the purpose of having ingress and egress to the MWRD facilities; and
WHEREAS, the Grantor is willing to grant said perpetual easement rights, privileges, and
authority to the MWRD upon terms and conditions herein set forth in the attached Exibit A.
NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees that the
attached Grant of Easement to the Metropolitan Water Reclamation District of Greater Chicago 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 27th day of January , 2003.
John Benik
Debby Blatzer
Peter Coules
Connie Markiewicz
Steven Rosendahl
Jeanette Virgilio
AYES NAYS PASSED ABSENT
✓ V
V
CHARLENE SMOLLEN, Village Clerk
Approved by me this 27th day of January , 2003.
4ti .'
Attest:
J
HN F PIAZZA,
sident
4—te-,;22,
CHARLENE SMOLLEN, Village Clerk
Approved as to for
ctetfit/
ONOPOUL , Village Attorney
EASEMENT GRANT
by
Village of Lemont,
Grantor,
to
Metropolitan Water Reclamation
District of Greater Chicago,
Grantee,
with respect to real estate located
east of Stephen Street and north of
the Illinois and Michigan Canal in
Lemont, Illinois,
P.I.N. 22 -20- 401 -012,
and legally described on Page 2 attached hereto and made a part hereof. This
document consists of 9 pages, this page included, and bears the date of January 27,
2003.
This Instrument Prepared by Michael G. Rosenberg, Attorney
By: Frank E. Gardner
Head Assistant Attorney
100 East Erie Street
Chicago, Illinois 60611
EXEMPT FROM ILLINOIS TRANSFER TAX PURSUANT TO 35 ILCS 200/31 -
45(b)
RETURN TO: RECORDERS BOX 369
RESOLUTION i� ) D
RESOLUTION GRANTING EASEMENT TO
THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
WHEREAS, the Village of Lemont undertaken public improvements in conjunction with the
construction of Safety Village and related public parking lot improvements; and
WHEREAS, the Metropolitan Water Reclamation District of Greater Chicago (MWRD) has
constructed its Lemont Water Reclamation Plant (WRP), situated at Stephen and River Streets in
Lemont; and
WHEREAS, in order to access the Lemont WRP it is necessary for the MWRD to obtain a
perpetual easement under, over, and through certain premises adjacent Safety Village, hereinafter
described for the purpose of having ingress and egress to the MWRD facilities; and
WHEREAS, the Grantor is willing to grant said perpetual easement rights, privileges, and
authority to the MWRD upon terms and conditions herein set forth in the attached Exibit A.
NOW, THEREFORE, BE IT RESOLVED, by the President and Board of Trustees that the
attached Grant of Easement to the Metropolitan Water Reclamation District of Greater Chicago 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 27th day of January , 2003.
AYES NAYS PASSED ABSENT
John Benik
Debby Blatzer
Peter Coules V
Connie Markiewicz
Steven Rosendahl
Jeanette Virgilio U'
CHARLENE SMOLL N, Village Clerk
Approved by me this 27th day of January , 2003.
Attest:
resident
CHARLENE SMO LEN, Village Clerk
Approved as to for
JOHN
NOPOUL
, Village Attorney
FEG:)MH:nm REV. 1 -7 -03
THIS
Lwui
corpror tion or nized and existing under the laws of the State of Illinois
(h e" after call d the "Grantor "), to the METROPOLITAN WATER RECLAMATION
DISTRICT OF GREATER CHICAGO, a municipal corporation organized and existing
under the laws of the State of Illinois (hereinafter called the "District "), 100 East
Erie Street, Chicago, Illinois 60611.
GRANT
EASEMENT GRANT
OF EASEMENT, made this . 7 day of
A.D., 2003, from the VILLAGE OF LEMONT, a municipal
WITNESSETH THAT:
WHEREAS, the District has constructed its Lemont Water Reclamation Plant
(hereinafter called "Lemont WRP "), situated at Stephen and River Streets in
Lemont, Illinois; and
WHEREAS, in order to access the Lemont WRP, it is necessary for the District
to obtain a perpetual easement under, over, and through certain premises
hereinafter described for the purpose of having ingress and egress to the District's
facilities; and
WHEREAS, the Grantor is willing to grant said perpetual easement rights,
privileges, and authority to the District upon the terms and conditions herein set
forth;
NOW, THEREFORE, in consideration of the sum of ONE AND NO /100_DOLLARS
($1.00) in hand paid by the District to the Grantor, the receipt of which is hereby
acknowledged, and the covenants and conditions hereinafter contained, the Grantor
does hereby bargain, sell, grant, transfer, and convey to the District, its successors,
and assigns the perpetual easements, rights, permission, and authority to construct
said access easements through the following described premises hereinafter
referred to as:
(For legal description and drawing, see inserted Pages 2A and 2B)
IN CONSIDERATION of the grant of the perpetual easement rights, privileges,
and authority herein contained, this Easement Grant is subject to the following
conditions:
FIRST: The access roadway constructed under and through the
perpetual easement premises shall be maintained at the sole expense
of the District and in such manner as the Chief Engineer of the District
deems advisable.
SECOND: The District expressly assumes all responsibility for and
shall save and keep harmless the Grantor against any loss, damage,
cost, or expense which it may suffer, incur, or sustain or for which it
might become liable growing out of any injury to or death of persons or
Toss or damage to property arising out of or caused in the performance
of any work done by or under the authority of the District by virtue of
the rights granted herein. In the event of the bringing of any action,
suit, or suits against the Grantor growing out of any such loss, damage,
cost, or expense and as a prerequisite to any recovery therefor from
the District, the Grantor shall give written notice to the District of the
commencement of such action, suit, or suits and thereafter the District
shall be entitled to assume the defense thereof. The District shall save
and keep harmless the Grantor from any claims for mechanics' liens by
reason of any construction work, repairs, replacements, or other work
or for any improvements made or placed upon or to the easements by
the District.
The rights and obligations of the Grantor and the District, respectively
hereunder, shall inure to the benefit of and be binding upon their
respective successors and assigns and all terms, conditions, and
covenants herein shall be construed as covenants running with the
land.
THIRD: The access roadways which have been constructed and
placed in operation are subject to the following restrictions:
(a) The Grantor may use the real estate described
herein, it being understood, however, that such use
shall not in any manner interfere with the
operations of the District and that the District shall
have the right of access to said real estate at all
times from the nearest highway for the purpose of
reconstruction, repair, and maintenance.
(b) The Grantor and its successors, assigns, and
beneficiaries may not construct a building or
buildings or other structures or improvements or
farm upon said perpetual easement herein
described.
FOURTH: The Grantor hereby acknowledges that it has been
advised of its rights and Relocation Assistance Real Property
-2-
Acquisition Policies Act of 1970 (P.L. 91 -646) by the District or is
otherwise familiar with same; that the transaction embodied in the
foregoing document is subject to said P.L. 91 -646; and that
notwithstanding that the rights afforded it thereunder do hereby
knowingly and intentionally waive and relinquish any and all rights
which it may have thereunder and acknowledges that the
consideration paid to it for the easement aforesaid is fair and
reasonable.
IN WITNESS WHEREOF, the Grantor has caused this instrument consisting of
five (5) pages, including the inserted Pages 2A and 2B and this present page, to be
executed in quadruplicate.
VILLAGE OF LEMONT
ATTESTED BY:
ACCESS ROAD - LEMONT WRP
THAT PART OF THE WEST HALF OF THE SOUTHEAST 1 / 4 OF
SECTION 20, TOWNSHIP 37 NORTH, RANGE 11 EAST, OF THE
THIRD PRINCIPAL MERIDIAN, BEING A 20 FOOT WIDE STRIP OF
LAND LYING 10 FEET ON EITHER SIDE OF CENTERLINE WHICH IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE EAST RIGHT OF
WAY LINE OF STEPHEN STREET AND THE SOUTHERLY LINE OF
LOT 1 IN SINGER AND TALCOTT'S STONE CORPORATION
SUBDIVISION, RECORDED JUNE 4, 1872, DOCUMENT NO. 34986;
THENCE SOUTHERLY ALONG THE AFORESAID EAST RIGHT OF
WAY LINE, 35.49 FEET TO THE POINT OF BEGINNING; THENCE
EASTERLY ALONG A LINE FORMING AN ANGLE OF 91 °29'03" TO
THE LEFT OF THE LAST DESCRIBED LINE EXTENDED, 132.91' ;
THENCE CONTINUING EASTERLY ALONG A LINE FORMING AN
ANGLE OF 21 °09'03" TO THE RIGHT OF THE LAST DESCRIBED
LINE EXTENDED, 45.87'; THENCE CONTINUING EASTERLY
ALONG A LINE FORMING AN ANGLE OF 20 °03'24" TO THE LEFT
OF THE OF THE LAST DESCRIBED LINE EXTENDED, 65.05';
THENCE CONTINUING EASTERLY ALONG A LINE FORMING AN
ANGLE OF 17°22'12", TO THE LEFT OF THE OF THE LAST
DESCRIBED LINE EXTENDED, 66.77'; THENCE CONTINUING
EASTERLY ALONG A LINE FORMING AN ANGLE OF 30°37'19", TO
THE LEFT OF THE OF THE LAST DESCRIBED LINE EXTENDED,
35.75' TO A POINT ON THE SOUTHERLY LINE OF BLOCK 2, .
THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE A
DISTANCE OF 46.76'; THENCE CONTINUING EASTERLY ALONG A
LINE FORMING AN ANGLE OF 4 °29'56 ", TO THE RIGHT OF THE OF
THE LAST DESCRIBED LINE EXTENDED, 36.04' MORE OR LESS
TO THE SOUTHERLY PROPERTY LINE OF THE METROPOLITAN
WATER RECLAMATION DISTRICT, LEMONT PLANT .
2A
MWRD LEMONT PLANT
EASTE
PARKING AREA
SOUTHERLY LINE OF
BLOCK 2
P. 0. C.
P. 0. B.
20' EASEMENT
ACCESS ROAD TO LEMONT WRP
STATE OF ILLINOIS)
) SS
COUNTY OF COOK )
I, Rosemay Yates , a Notary Public in and for said County,
in the state aforesaid, DO HEREBY CERTIFY that John F. Piazza
personally known to me to be the Mayor of the Village of Lemont, IL
a corporation, and Charlene Smollen
personally known to me to be the Clerk of a municipal corporation and 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 severally acknowledged that
as such John F. Piazza , Mayor and such Clerk of said municipal
corporation to be affixed thereto pursuant to authority given by the Board of
Trustees of the corporation, as their free and voluntary act and
as the free and voluntary act and deed of said municipal corporation, for the uses
and purposes therein set forth.
20 03
GIVEN under my hand and Notarial Seal this 27th day of January , A.D.
My Commission expires:
eSTA7 tl i lF ILLINOIS
G:ii Cu 8.12.2004
WICLeti
Notary Public
APPROVED AS TO FORM AND LEGALITY:
Head Assisthnt Attorney
Attorney
APPROVED:
General Superinten