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R-75-98 Approving a temporary construction and permanent utility easement agreement (Tiedt Property)ITEM V . C . 8 . RESOLUTION NO. DATE OF APPROVAL 7--,27—V RESOLUTION APPROVING A TEMPORARY CONSTRUCTION AND PERMANENT UTILITY EASEMENT AGREEMENT (Tiedt Property) WHEREAS, the Village of Lemont has received a Temporary Construction and Permanent Utility Easement Agreement, attached as Exhibit "A ", for property known as "Tiedt Property" in Lemont, Illinois which is legally described in Exhibit `B" attached; and WHEREAS, said Temporary thirty (50) foot wide Construction Easement will permit the construction of a sanitary sewer line; and WHEREAS, said permanent Utility Easement Agreement will be granted to the Village of Lemont following the final inspection and approval of the utility lines. WHEREAS, the Village of Lemont shall have the right of access across the premises for the purpose of inspection and maintaining said easements. 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. 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 July 1998. Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker AYES NAYS PASSED ABSENT "FP Aell //iJ . NE M. SMOLL , " illage Clerk Approved by me this 27th day of Jul Att id CHARD /.. KWASNESKI, Village President (i1IiI/i. ENE M. SMOLLE , Village Clerk Prepared by the Planning Department Village of Lemont 418 Main Street Lemont, Illinois 60439 EXHIBIT B PARCEL 5: THAT PART OF THE WEST HALF OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE CHICAGO AND ALTON RAILROAD COMPANY RIGHT OF WAY, DESCRIBED AS FOLLOWS: BEGINNING ON THE EAST LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER A DISTANCE OF 428.9 FEET SOUTH OF THE SOUTH RIGHT OF WAY LINE OF NEW AVENUE AS MEASURED ALONG SAID EAST LINE THENCE SOUTH 0 DEGREES 10 MINUTES 40 SECONDS EAST 479.13 FEET; THENCE SOUTH 89 DEGREES 56 MINUTES 10 SECONDS WEST 645.9 FEET; THENCE NORTH 0 DEGREES 13 MINUTES 42 SECONDS WEST 29.37 FEET; THENCE NORTH 13 DEGREES 12 MINUTES 36 SECONDS WEST 37.59 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 10 SECONDS EAST 215.9 FEET; THENCE NORTH 0 DEGREES 10 MINUTES 40 SECONDS WEST 161.83 FEET; THENCE NORTH 60 DEGREES 05 MINUTES 01 SECONDS EAST 504.89 FEET TO THE PLACE OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. PARCEL 4: THAT PART OF THE WEST HALF OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE CHICAGO AND ALTON RAILROAD COMPANY RIGHT OF WAY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER AND THE NORTH LINE OF THE SOUTH 177.93 FEET OF THE WEST HALF OF SAID QUARTER; THENCE SOUTH 89 DEGREES 56 MINUTES 10 SECONDS WEST 645.46 FEET SAID NORTH LINE; THENCE NORTH 0 DEGREES 13 MINUTES 42 SECONDS WEST ALONG A LIKE PARALLEL TO THE WEST LIKE OF THE WEST HALF OF SAID QUARTER; THENCE NORTH 89 DEGREES 56 MINUTES 10 SECONDS EAST 645.79 FEET TO THE EAST LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE SOUTH 0 DEGREES 10 MINUTES 40 SECONDS EAST 371.30 FEET ALONG THE LAST SAID EAST LIKE TO AC OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. TEMPORARY CONSTRUCTION AND PERMANENT UTILITY EASEMENT AGREEMENT THIS AGREEMENT. made and entered into this 4TH day of MAY :F NATIONAL BANK ILLINOIS, SUCCESSOR TRUSTEE BY MERGER TO 1998 by and between the *Bank of Chicago not personally but solely as trustee under Trust * * /GARFIELIS RIDGE Agreement dated February 27, 1992, and known as Trust no. 92 -2 -5 (hereinafter individually "TRUST "), and the VILLAGE OF LEMONT, ILLINOIS, a municipal corporation (hereinafter individually "VILLAGE ") (and both collectively hereinafter referred to as "GRANTEE ") and Edgewood Bank as Trustee under Agreement dated 12/12/84 and known as Trust #231, (hereinafter referred to as "GRANTOR "). WITNESSETH: 1. The GRANTOR warrants that it is the legal title holder to the real estate which is legally described as follows, to -wit: Parcel 5 described as follows: THAT PART OF THE WEST HALF OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE CHICAGO AND ALTON RAILROAD COMPANY RIGHT OF WAY, DESCRIBED AS FOLLOWS: BEGINNING ON THE EAST LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER A DISTANCE OF 428.9 FEET SOUTH OF THE SOUTH RIGHT OF WAY LINE OF NEW AVENUE AS MEASURED ALONG SAID EAST LINE; THENCE SOUTH 0 DEGREES 10 MINUTES 40 SECONDS EAST 479.13 FEET; THENCE SOUTH 89 DEGREES 56 MINUTES 10 SECONDS WEST 645.79 FEET; THENCE NORTH 0 DEGREES 13 MINUTES 42 SECONDS WEST 29.37 FEET; THENCE NORTH 13 DEGREES 12 MINUTES 36 SECONDS WEST 37.59 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 10 SECONDS EAST 215.9 FEET; THENCE NORTH 0 DEGREES 10 MINUTES 40 SECONDS WEST 161.83 FEET: THENCE NORTH 60 DEGREES 05 MINUTES 01 SECONDS EAST 504.89 FEET TO THE PLACE OF BEG G. ALL IN COOK COLT,TY. ILLItiOIS. and Parcel 4 described as follows: THAT PART OF THE WEST HALF OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE CHICAGO AND ALTON RAILROAD COMPANY RIGHT OF WAY, DESCRIBED AS FOLLOW: BEGINNING AT THE INTERSECTION OF THE EAST LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER AND THE NORTH LINE OF THE SOUTH 177.93 FEET OF THE WEST HALF OF SAID QUARTER; THENCE SOUTH 89 DEGREES 56 MINUTES 10 SECONDS WEST 645.46 FEET SAID NORTH LINE; THENCE NORTH 0 DEGREES 13 MINUTES 42 SECONDS WEST ALONG A LIKE PARALLEL TO THE WEST LIKE OF THE WEST HALF OF SAID QUARTER; THENCE NORTH 89 DEGREES 56 MINUTES 10 SECONDS EAST 645.79 FEET TO THE EAST LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE SOUTH 0 DEGREES 10 MINUTES 40 SECONDS EAST 371.30 FEET ALONG THE LAST SAID EAST LIKE TO AC OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. 2. The GRANTEE is constructing and/or causing to be constructed a sewer line which will cross the GRANTOR'S real estate to serve the TRUST'S real estate located on the northeast corner of 127th Street and Smith Road in Cook County, Illinois, and which line shall also become part of the VILLAGE's municipal sewer system and serve other real estate in the area. 3. The GRANTOR hereby grants and conveys to the GRANTEE a temporary construction easement fifty (50) feet wide and approximately two hundred feet south along the eastern property line across GRANTOR'S real estate to the base of the cliff and westerly along the base of the cliff approximately 360 feet then southerly to the property adjoining to the south which will permit the construction of the sanitary sewer line as described below and further grants GRANTEE a permanent utility easement of twenty (20) feet of said temporary easement. The 2 location of the temporary and permanent easements is more specifically shown on the drawing attached hereto as Exhibit A. The location and construction of the lines and necessary restoration of the lines is shown on those Plans prepared by Eddy Engineering Company, dated June 27, 1996, revised to , 1997, for Job No. 92 -0404. The exact easement legal description shall be determined by a licensed surveyor after construction of the sewer line, the permanent easement shall be shown on a Plat of easement, signed by the OWNER and duly recorded with the Cook County Recorder. Further, the permanent easement will provide that in the event the VILLAGE must repair said line on GRANTOR's parcels that the VILLAGE shall have reasonable access to the utility easement on a temporary for repair purposes, the VILLAGE will have a temporary repair easement work area of an additional fifteen feet on each side of the line at the point of a repair (thirty foot wide area) for a reasonable distance along the line to accommodate the repair equipment, and the VILLAGE is obligated to reasonably restore both the repair area and access route to the repair area following repair of said line. 4. The GRANTOR and GRANTEE agrees that the legal description determined after construction for the permanent utility easement shall be contained on a plat of easement the GRANTOR agrees to execute and to record as an amendment to this easement agreement subsequent to the construction of said sewer line. 5. The sewer line shall provide public sewer service to GRANTOR'S parcel, the TRUST'S parcel and other parcels in the area, and the easement is necessary to establish contiguity of sewer easements from the current public sewer system to TRUST'S Parcel. 3 6. The GRANTEE has approval from the Village of Lemont, Illinois, and applicable governing authorities to construct said sanitary sewer line in accordance with plans and specifications prepared by Don Eddy Company, Professional Engineer of Lemont, Illinois. 7. The GRANTEE or his authorized agent shall give the GRANTOR at least twenty -four (24) hours notice prior to the commencement of any construction activities on said easement. The GRANTEE shall promptly backfill any trenches made by it on the easement and reasonably repair any damages and/or reasonably compensate for any damage to GRANTOR'S property, which damage shall not exceed TWO HUNDRED AND NO /100 ($200.00), per each of the three parcels herein, if any. 8. To the extent reasonably possible, GRANTEE shall make reasonable efforts to avoid damaging any trees in or near the easement area. 9. TRUST, not personally as Trustee but through insurance obtained prior to construction, shall indemnify and hold harmless against any loss and damage which shall be caused by the exercise of rights of ingress, egress or by any wrongful or negligent act or omission of its agents or employees in the course of construction. A copy of the certificate of insurance will be made available prior to construction. Further this indemnification is separate from the one provided in paragraph 7 above. 10. GRANTEE shall be responsible for contacting J.U.L.I.E. and obtaining all necessary governmental permits for the construction of said sewer line. 11. For and in consideration of the granting of this easement, VILLAGE hereby agrees to the obligations set forth in letter dated February 11, 1998, from Norman Tiedt to the VILLAGE, and GRANTOR acknowledges the receipt and sufficiency of said consideration. 4 12. GRANTEE agrees to pay TWO HUNDRED FIFTY AND NO /100 DOLLARS ($250.00) per each of the three parcels involved herein to GRANTOR for its legal fees in this matter. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in their respective names by their respective officers as applicable as of the date and year first written AmericafftYo?ta( Bank and Trust Company of Chicago $UCCF EI3 Twc oim, not VILLAGE OF LEMONT, ILLINOIS, personally but solely as Trustee under Trust Agreement dated 12/12/84 and known as TRUST #231 BY a Tru stCdc. a municipal corporation BY ,f illage ' -sident Attestation not required ty Amen r ivauonai Baulk Attest: and Trust Company of Chicago by laws. Attes Title 'CF :NATIONAL BANK ILLINOIS, SUCCESSOR TRUSTEE .Y MERGER TO BANK OF CHICAGO*'iot personally but solely as Trustee under Trust Agreement dated February 27, 1992, *kn %ARFIELD RIDGE -5 Village Clerk * *SEE ATTACHED ALLONGE RIDER FOR TRUSTEE By: EXCULPATORY & SIGNATORY & NOTARY ** Attest: Title THIS DOCUMENT PREPARED BY and RETURN TO: GOLDSTINE, SKRODZKI, RUSSIAN NEMEC AND HOFF, LTD. ATTN: JIM L. STORTZUM 7660 West 62nd Place Summit, IL 60501 Phone: (708) 458 -1253 STATE OF ILLINOIS ) SS COUNTY OF eeeft Qv Paje- 1, 41,te wnd,ers;3tAA , a Notary Public in and for said County, in the State aforesaid, do hereby certify that DAVID J. LANCIOTT! , personally known to me to NafionaiBank and Trust Company of Chicage SUCCESSOR T TO be a (Vice- President) Trust Officer oftdgewood Bank, not personally but as Trustee as aforesaid, the personally known to me to be the Vice President of said corporation and personally known to me to be the persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they signed and delivered the said instrument as Trustee and Vice President of said corporation, and caused the Corporate Seal of said corporation to be affixed thereto, pursuant to authority given by the Board of Directors of said corporation, as their free and voluntary act and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and Notarial seal this 3 j S 1- day of -bec.en, (, e ! , 1997. '?FICIAL SEAL EVA HIGI TARP PUBLIC, STATE OF ILLINOIS '; Commission Expires 03/07/9c Not blic Exec es 03/07 P15 6 ALLONGE RIDER This Rider is attached to and made a part of Temporary Construstion and Permanent Utility Easement Agreement with the Village of Lemont and Edgewood Bank and Trust Company Trust No. 4266 . This Document is executed by TCF National Bank Illinois, successor trustee by merger to Bank of Chicago /Garfield Ridge not personally but as Trustee, under Trust Agreement mentioned in said Document. Said Trust Agreement is hereby made a part hereof and any claims against said Trustee which may result from the signing of this Document shall be payable only out of any trust property which may be held thereunder, except that no duty shall rest upon TCF National Bank Illinois, successor trustee by merger to Bank of Chicago /Garfield Ridge as Trustee as aforesaid and not personally, to sequester any of the earnings, avails, or proceeds of any real estate in said Trust. Said Trustee shall not be personally liable for the performance of any of the terms and conditions of this Document or for the validity or condition of the title of said property or for any agreement with respect thereto. Any and all personal liability of TCF National Bank Illinois successor trustee by merger to Bank of Chicago /Garfield Ridge as Trustee as aforesaid and not personally is hereby expressly waived by the parties hereto and their respective successors and assigns. All warranties, covenants, indemnities and representations of each and every kind are those of the beneficiaries only, and shall not in any way be considered the responsibility and liability of TCF National Bank Illinois successor trustee by merger to Bank of Chicago /Garfield Ridge as Trustee as aforesaid and not personally. This Trustee's exculpatory clause shall be controlling in the event of a conflict of terms created by the documents executed by TCF National Bank Illinois successor trustee by merger to Bank of Chicago /Garfield Ridge as Trustee as aforesaid and not personally. ATTEST: BY: TCF NATIONAL BANK ILLINOIS, SUCCESSOR TRUSTEE BY MERGER TO BANK OF CHICAGO /GARFIELD RIDGE NOT PERSONALLY, BUT AS TRUSTEE, U /T /A DATED FEBRUARY 27. 1992 A /K /A TRUST NO.: 92 -2 -5 ITS: ASST. VICE PRESIDENT LAND TRUST OFFICER BY: CDMAGf E- ITS: VICE PRESIDENT STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) 1. ROSEMARIE BENCIK , a Notary Public in and for said County. in the State GEORGEANN C. aforesaid. do hereby certify that LOSURDO , personally known to me to be a ASST. * *TCF NATIONAL BANK ILLINOIS SUCCESSOR TRUSTEE BY MERGER TO (Vice - President) Trust Officer o ank of Chicauttibt personally but as Trustee * * * /GARFIELD RIDGE aforesaid. the MICHAEL MAY personally known to me to be the Vice- President of said corporation and personally known to me to be the persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they signed and delivered the said instrument as Trustee and Vice- President of said corporation, and dmicatligEziporazg/falmfxxikimopoxatimax xileadfamcbilexeta. pursuant to authority given by the Board of Directors of said corporation, as their free and voluntary act and as free and voluntary- act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and Notarial seal this 1990. vwv OFFICIAL SEAL ROSEMARIE BENCI NOTARY PUBLIC, STATE OF 1 MY COMMISSION EXPIRES: 4TH day of MAY I ��� •�/ w�`i Notary Pu. �� STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) I, , a Notary Public in and for said County, in the State aforesaid, do hereby certify that , personally known to me to be the Village President for the Village of Lemont, Illinois, a municipal corporation, as aforesaid, and personally known to me to be the Village Clerk of said Village and personally known to me to be the persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they signed and delivered the said instrument as Village President and Village Clerk of said Village, and caused the Village seal of said Village to be affixed thereto, pursuant to authority given by the Corporate Authorities of said Village, as their free and voluntary act and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and Notarial seal this Original Teidt legal: day of , 1998. 8 Notary Public S 00'10'40" 850.43' 3-1! 4 LIaIHXa 0 0 LI se -41 S 0010'40. E 428.90' 161 /13' !:•111 • S. S 001342 1. 1 n no' 1.1 S 01)•13•4.r 1 •0 .1' •, •xe1.3•41. I. 119.11; 'N 0013'42" W N , 190.93'1 ‘.$.1 dz \.y... c- " 0, • s 4 0 ca 0 0 t., Act d lol 914 :*. 0 P.17 190.93- -4 • N 0013'427 W 386.16P:. , wist LIPJ f NE NORTHWEST (•• M.CIN .10 37 -11 0.*■•••■••••• NORMAN T Errr 11020 ' $sT 62to $TRSEr, G RAN Ct~. ILurroia 80625 (708) 246 -6000 • c‘ \\.s Mr. Scott I3uening, MCP • Community Development Director Villabc of Lemont 418 Main Street Lemont, Illinois 60439 RL: Sanitary Sewer Easement • New Avenue Property r) pear Mr. Bu irtg tr1 ,:. After reviewing your letter, dated January 13, 1998,1 have decided that there is no • advantage fur mC to incorporate into the village at this time, Annexation would raise my taxes by at least ten percent, amuse it would be an advantage to have sanitary sewer, but in my present situation it is not necessary. As T have stated before, in separate letters, I ant willing to agree to the proposed pre - annexation agreement, which 1 feel is beneficial to bath parties February 11, 1998 • r�9 �sga I would like to retain a good relationship with both my neighbors and the village. If you agree to the lbilowing tcmts and conditions, please sign and return to me. 1. The sanitary sewer will be constructed so as to allow for connections, at the time or annexation of, all existing or proposed buildings located on my property. The sewer connections will be for industrial uses that are permitted under Village of Lemont M-2 7cming category. 2. The construction of the sanitary sewer is subject to my engineer's approval such that the manholes and other sewer facilities are prpvidCd at appropriate locations that are convenient for t'uture connection, that suitable erosion control measures will be in plate prior to construction, and that any other reasonable design requirements that may be. suggested by my engineer arc salisficd. 3, 1'he village will enter into a pre - annexation ab'reement for all or my property which vv�li provide the following: a. At the time of awicxat,on the villab'c will adopt an ordinance rcioning the property to M•2 and provide that all existing structure and site development at the time of annexation will be considered confortning w all building and luring codes. vayr 90 12:49 PM NORMAN T t CDT J a a ■ b. Waive all anneNation fees Ult. GP C£MOhr Based upon the Villages assurance, that they will be prepared to cntor into an prc- anncxation Al,rcwrn nt as above-dcAcrihL'd, i will execute: the ea7ement agreement. This is or course conditioned upon the resolution of the erosion issur also discussed in our rnming. if you have any roller questions or need clarification, please feel free to contact mc. Very truly yours, Normun A. Tied: Appris ed, Vj11;, : of-Lem) t Lay; Title; \R % 4( Date; Z t1 4 P.03