R-07-98 01/26/98Village of Lemont
418 Main Street
Lemont, IL 60439-3788
981960n4
- Rage i of 11
6255/0055 50 001 1990-03-12 11061:17
Cook County Recorder 4150
RESOLUTION NO. -' ff‘
DATE OF APPROVAL I --(a. -9y
RESOLUTION ACCEPTING
UTILITY EASEMENT AGREEMENT
FOR BLEKA OFFICE PARK
WHEREAS, the Village of Lemont has received an Easement Agreement, attached as Exhibit
"A", for property known as Bleka Office Park in Lemont, Illinois which is legally described in Exhibit
"B" attached; and
WHEREAS, said Easement Agreement shall allow the Developer to install, construct,
reconstruct, operate, maintain and repair a sanitary sewer pipe on the property known as Bleka Office
Park. .
00. NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the
Village of Lemont that the Easement Agreement attached hereto be hereby approved.
9819A004 Page = g.f
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES, ILLINOIS,
on this 26th day of January , 1998.
Barbara Buschman
Keith Latz
Connie Markiewicz
Ralph Schobert
Rick Rimbo
Mary Studebaker
AYES NAYS PASSED ABSENT
V
CHARLENE SMOLLEN, Village Clerk
Approved by me this 26th day of January , 1998
BARBARA BUSCHMAN, Mayor Pro -Tem
Attest:
VILLAGE OF LEMONT
418 Main Street
Lemont, IL 604,?9
98196 04 Page 3 of
EXHIBIT B
THE NORTH 52.35 FEET OF THE EAST 15 FEET AND A TEMPORARY CONSTRUCTION
EASEMENT FOR THE PURPOSE OF INSTALLING A SANITARY SEWER IS DESCRIBED
AS BEING THE NORTH 57.35 FEET.
THE NORTH 52.35 FEET OF THE EAST 15 FEET AND A TEMPORARY CONSTRUCTION
EASEMENT FOR THE PURPOSE OF INSTALLING A SANITARY SEWER IS DESCRIBED
AS BEING THE NORTH 57.35 FEET OF THE EAST 20 FEET OF THE FOLLOWING
DESCRIBED TRACT.
A PART OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 29, TOWNSHIP
37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID SOUTHEAST 1/4, 492 FEET
SOUTHERLY OF THE NORTHWEST CORNER OF SAID SOUTHEAST 1/4, THENCE
SOUTHERLY ALONG THE WEST LINE OF THE SOUTHEAST 1/4, 474 FEET TO A CROSS
IN A CONCRETE PAVEMENT; THENCE EASTERLY AT AN ANGLE OF 89 DEGREES 50
MINUTES WITH THE LAST DESCRIBED LINE 270 FEET TO AN IRON PIPE; THENCE
NORTHERLY PARALLEL WITH THE WEST LINE OF SAID SOUTHEAST 1/4, 474 FEET TO
AN IRON PIPE; THENCE WESTERLY 270 FEET TO THE POINT OF BEGINNING; AND
THE EASEMENT IS FURTHER DESCRIBED AS BEING THE EAST 20 FEET AND THE
NORTH 15 FEET AND THE TEMPORARY CONSTRUCTION EASEMENT FOR THE
PURPOSE OF INSTALLING SAID SANITARY SEWER IS FURTHER DESCRIBED AS BEING
THE NORTH 20 FEET OF THE FOLLOWING DESCRIBED TRACT:
THE EAST 50 FEET OF THE WEST 320 FEET OF THE NORTH 230.65 FEET OF THE SOUTH
796.65 FEET OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 29,
TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK
COUNTY.
PIN# 22 -29- 400 -016
22 -29- 400 -021
981961 104 ;
� •3 +.jE 4 of 11
EASEMENT AGREEMENT
THIS AGREEMENT is made
and entered into this 4th day of
December, 1997, by and between the
FIRST NATIONAL BANK OF
JOLIET AS TRUSTEE U/T #4426 DATED APRIL 5, 1994, hereinafter referred to as "Grantor ",
the VILLAGE OF LEMONT, a Municipal Corporation, hereinafter referred to as "Grantee ", and
EDWARD BI.EKA, and his agents, or successor in interest, hereinafter referred to as "Developer ".
WITNESSETH:
WHEREAS, Developer has requested from the Grantor a non - exclusive perpetual easement
to install, construct, reconstruct, operate, maintain and repair a sanitary sewer pipe to be used in
conjunction with Developer's property.
WHEREAS, Grantor is willing to grant to the Developer and Grantee a non - exclusive
perpetual easement for a sanitary sewer, but only upon 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 without warranty of title to the Grantee and Developer, and their successors
and assigns a non - exclusive perpetual easement to install, construct, reconstruct, operate, maintain,
alter, repair, replace a sanitary sewer system under, upon, through and across Grantor's property
depicted on the attached drawing as Exhibit "A" and legally described as:
The North 5235 feet of the East 15 feet and a temporary construction easement for
the purpose of installing a sanitary sewer is described as being the North 57.35 feet
'b 196 UU4 ;_age 5 of 1
The North 52.35 feet of the East 15 feet and a temporary construction easement for
the purpose of installing a sanitary sewer is described as being the North 57.35 feet
of the East 20 feet of the following described tract.
A part of the Northwest 1/4 of the Southeast 1/4 of Section 29, Township 37 North,
Range 11, East of the Third Principal Meridian, described as follows:
Beginning at a point on the West line of said Southeast 1/4, 492 feet Southerly of the
Northwest corner of said Southeast 1/4, thence Southerly along the West line of the
Southeast 1/4, 474 feet to a cross in a concrete pavement; thence Easterly at an angle
of 89 degrees 50 minutes with the last described line 270 feet to an iron pipe; thence
Northerly parallel with the West line of said Southeast 1/4, 474 feet to an iron pipe;
thence Westerly 270 feet to the point of beginning, and;
The easement is further described as being the East 20 feet and the North 15 feet and
the temporary construction easement for the purpose of installing said sanitary sewer
is further described as being the North 20 feet of the following describe tract:
The East 50 feet of the West 320 feet of the North 230.65 feet of the South 796.65
feet of the Northwest 1/4 of the Southeast 1/4 of Section 29, Township 37 North,
Range 11, East of the Third Principal Meridian in Cook County.
P.I.N.: 22 -29- 400 -016 and 22- 29- 400 -021
The easement for said sanitary sewer is herein granted by the Grantor to the Grantee and
Developer upon the following terms, covenants and conditions of which the Grantee for and on
behalf of itself, its successors and assigns, expressly acknowledges, undertakes and agrees to fulfill
and discharge, to wit:
1. The easement herein granted shall be used by Grantee in a manner that will not in
Grantor's judgment interfere with the operations of Grantor's parking lot, bowling lane and banquet
business owned by Grantor.
2. Prior to undertaking the installation of said sanitary sewer, Developer shall provide
Grantor with detailed plans and specifications as to the location and as to the method or manner of
installation and construction of said sanitary sewer and Developer shall obtain Grantors written
approval and consent to such plans and specifications. Upon receipt of such plans and specifications
2
98 196 004 Paoo 6 of 11
submitted by Developer, Grantor shall promptly review such plans and specifications and notify
Developer of its approval or its objections thereto in writing within ten (10) days of the receipt
thereof with any requested changes specifically set forth in writing by Grantee. In the event Grantor
shall fail to respond to Developer within said ten (10) days, then, and in that event, the plan shall
be deemed approved. Any proposed changes in said plans before or after installation or any
additional attachments, equipment or appurtenances required for said sanitary sewer shall be
submitted to Grantor for its written approval and no work shall be performed until written approval
has been obtained. In no event shall the written approval of Grantor be unreasonably withheld.
3. Prior to commencing construction of said sanitary sewer and/or work performed within
the easement area, the Developer shall notify Grantor of any such proposed work at least 48 hours
prior to the proposed commencement thereof. Construction shall be permitted after May 15, 1998
and completed prior to August 15, 1998 and shall not exceed 21 days, including restoration.
All such work shall be performed in the presence of a representative of Grantor in a manner
satisfactory to such representative. Grantor may, at its option, request to have performed any
protective work which it deems reasonably necessary to insure the safety of its facilities in the area
of Developer's proposed work, Developer shall completed any such protective work prior to
Developer's commencement of its work.
4. Developer shall be responsible for repairing all asphalt areas to their original condition
or better, including striping if necessary.
5. Developer shall reimburse Grantor for any costs or expenses, sustained or incurred in
connection with any damage or injury to Grantor or to any property of Grantors in the course of
construction.
3
6. All installation, construction, reconstruction, operation, repair, replacement or removal
work performed by Developer pursuant to the easement granted by this agreement shall conform
to the following rules and regulations:
a. All trenches shall be backfilled with stone or other fill approved by Grantor.
b. Natural drainage of the premises shall not be impaired except as approved by Grantor.
Upon completion of said work, Developer shall remove from the premises all unused excavated
material including rock and debris and shall replace all back - filling material in a neat and
workmanlike manner. Developer shall leave the premises and any adjacent property used by it in
connection with the construction of said sanitary sewer in a neat, clean and orderly condition.
7. Developer shall at all times and under all circumstances, indemnify, protect and save
harmless Grantor, its successors and assigns, from and against any and all damages, losses, claims,
demands, actions and causes of action whatsoever (including any reasonable costs, expenses and
attorneys fees which may be incurred in connection therewith) whether or not the claim, demand
or action asserted be meritorious, and which results from or is alleged to result from, or which arises
out of or in connection with, or is alleged to arise out of or in connection with, the installation,
construction, reconstruction, operation, maintenance, alteration, repair, replacement, removal or
existence of said sanitary sewer upon the premises, or the existence of the non - exclusive perpetual
easement granted Grantee hereunder (unless caused by the willful or malicious misconduct of
Grantor or Grantor's agents or employees); provided, however, that in the event any such claim,
damage, loss demand, action or cause of action is asserted against Grantor, Grantor shall furnish
Grantee and/or Developer with written notification thereof and Grantee and/or Developer shall
conduct the defense thereof before any court, board, commission or other governmental body
4
9819 004
63 e 6 of ._.
exercising jurisdiction therein. Grantor, its successors and assigns, shall not be liable to Grantees,
or Grantee's successors and assigns, for any damages or injuries to any persons or to said sanitary
sewer or any other property of Grantees situated or located in, on, about or upon the property
subjected to this easement except to the extent that injuries or damages are caused by the willful or
malicious misconduct of the Grantor or its agents or employees, and, its successors and assigns.
8. Developer agrees before the commencement of any work on Grantor's property hereunder
that Developer and his contractor (or contractors) shall procure general liability insurance and
property damage insurance in form to be approved by Grantor which will protect and save harmless
Grantor as stated therein. Limits of such liability insurance shall be $1 million for each individual
and $1 million for each occurrence with respect to bodily injury or death and a $500,000 property
damage for the term of the policy with respect to property damage. Such insurance shall name
Grantor and its beneficiaries as they may appear as additional party insured with a company or
companies licensed by the State of Illinois and shall remain in full force and effect during the period
of construction and until completion of all work on Grantor's property, and thereafter as respects
occurrences and losses which are caused or occur within the period aforementioned. Copies or
certificates of said policy or policies of insurance shall be delivered to Grantor at 1015 South State
Street, Lemont, Illinois 60439 c/o Lottie Tomala.
9. Any notice herein provided to be given shall be deemed properly given if in writing and
delivered personally or mailed to:
If to Grantor: If to Developer:
First National Bank of Joliet as Edward Bleka
Trustee u/t # 4426 dated 4 -5 -94 13035 Parker Road
c/o Lottie Tomala Lemont, Illinois 60439
1015 South State Street
Lemont, Illinois 60439
5
98196004 .;ge 9 of 1_
10. This indenture shall run with the land, and shall inure to the benefit of and be binding
upon the respective successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this indenture to be executed by
their proper officers, thereunto duly authorized and their respective corporate seals to be hereto
affixed, as of the day and year first above written.
GRANTOR:
DEVELOPER:
First National Bank of Joliet Edward Bleka
as Trustee u/t # 4426 dated 4 -5 -94
CONSENT:
The Village of Lemont hereby consents to and accepts the conveyance of the easement as set forth
herein.
This document is made by the First National Bank of
Joliet as Trustee and accepted upon the express
understanding that the First National Bank of Joliet
enters into the same not personally, but only as
Trustee and that no personal liability is assumed by
nor shall he asserted or enforced against the First
tditional Bank of Joliet because of or on account of
Vu making or executing this document or of anything
ti:erein contained, all such liability, if any being
expressly waived, nor shall the First National Bank
of Joliet be held personally liable upon or in
consequence of any of the covenants of this
document, either expressed or implied.
6
VILLAGE OF LEMONT
Attest:
STATE OF ILLINOIS )
) SS.
COUNTY OF will
98190;004 Page i`,j of 11
the undersigned
, a Notary Public, in and for said County, in the State aforesaid,
do hereby certify that the First National Bank of Joliet as Trustee tilt # 4426 dated April 5, 1994 by
JERI L. MADISON and WAYNE HUFFMAN , personally known to me to be
the same persons whose name are subscribed to the foregoing instrument, appeared before me this
day in person, and acknowledged that they signed, sealed and delivered the said instrument as their
free and voluntary act, for the uses and purposes there? Let forth.
Given under my hand and official seal this
o�
>v1Y GC
Old =CT SEAL
1 L4 ?I=,`I'II.1`1 A. b I M4MIING
NOTARY PUrir.IC, STArr: or IT,I,INOIS
COMMISSION 1:XPIR1:5 2 -19 -98
STA'L'E OF ILLINOIS
) SS.
COUNTY OF COOK
da f ,1997 •
otary Public
B.- -IN •,-
I, Richard J. Skrodzki, a Notary Public, in and for said County, in the State
aforesaid, do hereby certify that Edward Bleka, 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 therein set forth.
Given under my hand and notarial seal this 6th day of January , 1998 .
Prepared By:
Antonopoulos, Virtel & Groselak, P.C.
15419 127th Street, Suite 100
Lemont, Illinois 60439
(630) 257 -5816
c:villagelbleka.eas:paj
7
"OFFICIAL SEAL"
RICHARD J. SKRODZKI
Notary Public. State of Illinois
My Commission Expires Dec. 7, 1998
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