R-74-98 Approvig a temporary construction and permanent utility easement agreement (Selbka Property)ITEM v.C.7.
RESOLUTION NO.
�q g
DATE OF APPROVAL July 27, 1998
RESOLUTION APPROVING A TEMPORARY CONSTRUCTION AND
PERMANENT UTILITY EASEMENT AGREEMENT
( Selbka Property)
WHEREAS, the Village of Lemont has received a Temporary Construction and Permanent
Utility Easement Agreement, attached as Exhibit "A ", for property known as "Selbka Property" in
Lemont, Illinois which is legally described in Exhibit `B" attached; and
WHEREAS, said Temporary 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 AP6 NT
Atk. L� 1/ /iii
CHARLENE M. SMOLLE' , ''illage Clerk
Approved by me this 27th day of Jul •1998.
Attest:
HARD A. KWA
2.444: dui A /
CHARL' NE M. SMOLLEN, Village Clerk
Prepared by the Planning Department
Village of Lemont
418 Main Street
Lemont, Illinois 60439
P1N #: 22-30-303-003-0000
KI, Village President
EXHIBIT B
THAT PART OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER
OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID WEST HALF OF THE EAST HALF
OF THE NORTHWEST QUARTER OF SAID SECTION RUNNING THENCE EAST 9.275
CHAINS TO THE SOUTHEAST CORNER THEREOF, RUNNING THENCE NORTH ALONG
THE EAST LINE OF SAID WEST HALF OF THE EAST HALF OF THE NORTHWEST
QUARTER OF SAID SECTION, 16.10 CHAINS RUNNING THENCE SOUTHWESTERLY TO
THE WEST LINE OF SAID WEST HALF OF THE EAST HALF OF THE NORTHWEST
QUARTER OF SAID SECTION AT A POINT DISTANCE 10.90 CHAINS NORTH OF POINT
OF BEGINNING AND RUNNING THENCE SOUTH ON THE WEST LINE OF SAID WEST
HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION TO
PLACE OF BEGINNING, (EXCEPT THAT PART THEREOF LYING SOUTHWESTERLY OF
A LINE DESCRIBED AS BEGINNING AT A POINT IN THE WEST LINE OF THE WEST
HALF OF THE EAST HALF OF SAID NORTH WEST QUARTER DISTANCE NORTHERLY
233.03 FEET FROM THE SOUTHWEST CORNER OF SAID WEST HALF, THENCE
SOUTHEASTERLY 272.02 FEET MORE OR LESS TO A POINT OF TERMINATION IN THE
SOUTH LINE OF THE WEST HALF OF THE EAST HALF OF SAID NORTHWEST QUARTER
BEING 140.07 FEET EASTERLY FROM THE SOUTHWEST CORNER OF SAID WEST HALF
AND ALSO 1084.23 FEET WESTERLY FROM THE SOUTHEAST CORNER OF SAID
NORTHWEST QUARTER), ALL IN COOK COUNTY, ILLINOIS.
PIN #: 22-30-303-003-0000
an8/Wa ®.m.�atr�
uaM
TEMPORARY CONSTRUCTION
AND PERMANENT UTILITY EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 4TH day of MAY
2F NATIONAL BANK ILLINOIS, SUCCESSOR TRUSTEE BY MERGER TO
199'8, by and between the Bank of Chicago *n t personally but solely as trustee under Trust
PGARFIELU 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 Worth
Bank and Trust Company as Trustee under Trust agreement dated January 13, 1988 and known as
Trust #4266, (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:
That Parcel described as follows:
THAT PART OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST
QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID WEST HALF OF TIE
EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION RUNNING
THENCE EAST 9.275 CHAINS TO THE SOUTHEAST CORNER THEREOF,
RUNNING THENCE NORTH ALONG THE EAST LINE OF SAID WEST HALF
OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION,
16.10 CHAINS RUNNING THENCE SOUTHWESTERLY TO THE WEST LINE
OF SAID WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER
OF SAID SECTION AT A POINT DISTANCE 10.90 CHAINS NORTH OF POINT
OF BEGINNING AND RUNNING THENCE SOUTH ON THE WEST LINE OF
SAID WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF
SAID SECTION TO PLACE OF BEGINNING, (EXCEPT THAT PART THEREOF
LYING SOUTHWESTERLY OF A LINE DESCRIBED AS BEGINNING AT A
POINT IN THE WEST LINE OF THE WEST HALF OF THE EAST HALF OF
1
•
SAID NORTH WEST QUARTER DISTANCE NORTHERLY 233.03 FEET FROM
THE SOUTHWEST CORNER OF SAID WEST HALF, THENCE
SOUTHEASTERLY 272.02 FEET MORE OR LESS TO A POINT OF
TERMINATION IN THE SOUTH LINE OF THE WEST HALF OF THE EAST
HALF OF SAID NORTHWEST QUARTER BEING 140.07 FEET EASTERLY
FROM THE SOUTHWEST CORNER OF SAID WEST HALF AND ALSO 1084.23
FEET WESTERLY FROM THE SOUTHEAST CORNER OF SAID NORTHWEST
QUARTER), ALL IN COOK COUNTY, ILLINOIS.
TAX NO. 22-30-303-003-0000
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,
upon VILLAGE's acceptance in accordance with its Agreement with the TRUST, part of the
VILLAGE's sewer system.
3. The GRANTOR hereby grants and conveys to the GRANTEE a permanent utility
easement for the northern twenty (20) feet said parcel which will permit the maintenance of the
sanitary sewer line as described below. Further, GRANTOR grants GRANTEE a temporary
construction easement over the south thirty (30) feet of the northern fifty (50) which temporary
easement will permit the construction of the sewer line described herein. The temporary
construction easement is legally described as follows:
The south thirty feet of the north fifty feet of that parcel
described generally as follows:
THAT PART OF THE WEST HALF OF THE EAST HALF OF THE NORTHWEST
QUARTER OF SECTION 30, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID WEST HALF OF THE
2
EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION RUNNING
THENCE EAST 9.275 CHAINS TO THE SOUTHEAST CORNER THEREOF,
RUNNING THENCE NORTH ALONG THE EAST LINE OF SAID WEST HALF
OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION,
16.10 CHAINS RUNNING THENCE SOUTHWESTERLY TO THE WEST LINE
OF SAID WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER
OF SAID SECTION AT A POINT DISTANCE 10.90 CHAINS NORTH OF POINT
OF BEGINNING AND RUNNING THENCE SOUTH ON THE WEST LINE OF
SAID WEST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF
SAID SECTION TO PLACE OF BEGINNING, (EXCEPT THAT PART THEREOF
LYING SOUTHWESTERLY OF A LINE DESCRIBED AS BEGINNING AT A
POINT IN THE WEST LINE OF THE WEST HALF OF THE EAST HALF OF
SAID NORTH WEST QUARTER DISTANCE NORTHERLY 233.03 FEET FROM
THE SOUTHWEST CORNER OF SAID WEST HALF, THENCE
SOUTHEASTERLY 272.02 FEET MORE OR LESS TO A POINT OF
TERMINATION IN THE SOUTH LINE OF THE WEST HALF OF THE EAST
HALF OF SAID NORTHWEST QUARTER BEING 140.07 FEET EASTERLY
FROM THE SOUTHWEST CORNER OF SAID WEST HALF AND ALSO 1084.23
FEET WESTERLY FROM THE SOUTHEAST CORNER OF SAID NORTHWEST
QUARTER), ALL IN COOK COUNTY, ILLINOIS.
TAX NO. 22-30-303-003-0000
The location of the lines is shown on those Plans prepared by Eddy Engineering
Company, dated June 27, 1996, for Job No. 92 -0404 and revised to , 1997. The
proposed height of the manhole covers is proposed to be approximate elevation of the surrounding
grade. The proposed location of the sewer line shall be depicted by stakes installed prior to execution
of this agreement. The exact easement legal description shall be recorded after construction of the
sewer line.
4. The GRANTOR and GRANTEE agree that the legal description for the permanent
utility easement which shall be for the north twenty (20) feet of the parcel described above shall be
contained on a plat of easement the GRANTOR agrees to execute and to record as an amendment
3
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.
6. Earth fill may be placed on the permanent easement if GRANTOR so elects.
7. Driveways, roads and other means of access, but no structures, may be placed on
easement if GRANTOR so reasonably elects. In addition, GRANTOR recognizes that VILLAGE
recently amended its Ordinance to restrict such roads to crossings, and GRANTOR will reasonably
consider the recent amendment before making its final determination.
8. 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.
9. 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 including the reassembling of any fencing taken down for construction and the removal
of any debris created by construction including any trees which are taken down to permit
construction. Further, GRANTOR shall be reasonably compensated for any damage to GRANTOR'S
property caused by construction such as crop destruction, which damage shall not exceed TWO
HUNDRED AND NO /100 ($200.00), if any.
10. To the extent reasonably possible, GRANTEE shall make reasonable efforts to avoid
damaging any trees in or near the easement area.
4
11. TRUST, not personally as trustee but through insurance shall indemnify and hold
GRANTOR and VILLAGE 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.
Further, the insurance for GRANTOR shall extend for a period of one year following the
construction of the line on GRANTOR's Parcel.
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.
12. GRANTEE shall be responsible for contacting J.U.L.I.E. and obtaining all necessary
governmental permits for the construction of said sewer line.
13. For and in consideration of the granting of this easement, VILLAGE hereby agrees
to permit GRANTOR to make one single family residential sewer connection at the manhole at no
charge for a single family residence located on any portion of the above described real estate, and
GRANTOR acknowledges that receipt and sufficiency of the said consideration.
14. GRANTEE agrees to pay TWO HUNDRED FIFTY AND NO /100 DOLLARS
($250.00) to GRANTOR for its legal fees in this matter.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in
5
their respective names by their respective officers as applicable as of the date and year first written
above.
•
Worth Bank and Trust Company
not individually but solely as Trustee
under Trust Agree ent $ : ed January 13, 1998,
known as
--ll
B`J: ►_AILUA a ■
Attest:
TRUST OPERATIONS SI)PERVIS
2F NATIONAL BANK ILLINOIS, SUCCESSOR
RUSTEE Y t
* _!AMC AGQtot personally
but solely as Trustee under Trust
Agreement dated February 27, 1992,
and known as Trust No. 92 -2 -5
** /GARFIELD RIDGE
* *SEE ATTACHED ALLONGE RIDER
By: FOR TRUSTEE EXCULPATORY,
SIGNATORY & NOTARY **
Attest:
Title
THIS DOCUMENT PREPARED BY:
GOLDSTINE, SKRODZKI, RUSSIAN
NEMEC AND HOFF, LTD.
ATTN: JIM L. STORTZUM
7660 West 63rd Street
Summit, IL 60501
Phone: (708) 458 -1253
,,,rwm.mmce,
AGE OF LEMONT, ILLINOIS,
cipal corporation
age President
Attes
/�;Lr
.
Village Clerk
jt to eaipseasL m�dersteod and agreed by end between the partied
nary not withstanding, that
each �and all o the warranties, t �itndemnities, reprs entations
ts, undertakings an agreements herein mad. on the part of
the rustes while in form purporting to be the varranties
Indemnities, representations, covenants, undertakings, ani
resments of said Trustee are nevertheless each and every one o
tnes, made and intended not as personal warranties, indemnities,
representations, covenants, undertakings and agreements by the+
rustee or for the purpose or with the intention of binding asic�
rusts. personally but are made and intended for the purpose ozz
inding only that portion of the trust property specifically
scribed herein, and this instrument is executed and delivered b
said Trustee not In its own rights but solely in the exercise or
e povers conferred upon it as such Trustees and that no Personal
Liability or personal responsibility is assumed Dy nor shall at
any time be asserted or enforcable against Worth Bank and Trust or
any beneficiaries under said Trust Agreement, on account of this
instrument or on account of any versant', indemnity.
representation, covenant, undertaking or agreement of the said
1 ust��e�e,c ,in this instrument contained, either expressed or implied
pleased. personal liability, 1E anis being sepswly valved atd
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 Worth Bank and Trust Company Trust No. 231.
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.
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
ATTEST: BY:
ITS: VICE PRESIDENT
LAND TRUST OFFICER
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
I. ROSEMARIE BENCIK , allotary 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 oThank of ChicaQc#.#ibt 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 daiexixitammitutacskumnxixx.mpontimmx
xtaxxiimmotthexent, 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 4TH day of MAY
1998.
ifsiVVVVVVVVVVVVV
iv
OFFICIAL SEAL
ROSEMARIE BENCIK
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES:06 /27/99
7
Notary
STATE OF ILLINOIS
) SS
COUNTY OF COOK
•
I, THE UNDERSIGNED , a Notary Public, in and for said County, in the State
JEANNE J. PRENDERGAST &
aforesaid, do hereby certify that CHRISTINE M. DUGAN* , personally known to me to
* AS SUCH ASSISTANT TRUST OFFICER AND TRUST OPERATIONS SUPERVISOR OF WORTH BANK & TRUST
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 the 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 10TH day of SEPTEMBER , 1997.
Notary Public
7
OFFI M • S L
NOTARY E ATE O ILLINOIS
MY COMMISSION EXP. ' 23,2001
STATE OF 1Lj LAOIS
) SS
COUNTY OF COOK
I, ekt s , a Notary Public in and for said County, in the State
csk,�
aforesaid, do hereby certify that n its L , personally known to me to
be the Village President for the Village of Lemont, Illinois, a municipal corporation, as aforesaid,
and 0,1Aeurt i Le, 11.e,7 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 .7 {'" day of l 1, / , 1996
2,
9
t)
blic
Not
OFFICIAL SEAL
ROSEMAY YATES
NOTARY FUELIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 0-12 -2000