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R-69-98 07/27/1998illage of Lemont 418 Main Street ,emont, IL 60439 -3788 VILLAGE OF LEMONT RESOLUTION NOg 494 RESOLUTION ACCEPTING GRANT OF EASEMENT (FIREROCK FARM SUBDIVISION) WHEREAS the Village of Lemont has received a Grant of Easement, attached as Exhibit "A ", for property owned by La Salle National Bank, as Trustee under the Provisions of a Trust Agreement dated September 25, 1985, and known as Trust No. 110361; and WHEREAS said Grant of Easement shall allow the Firerock Farm Subdivision use of the land for stormwater detention purposes; and WHEREAS said Grant of Easement allows the Village to enter and maintain this property as it is needed on an emergency basis. NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont that the Grant of Easement 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 v NAYS PASSED ABSENT Approved by me this 27th day of July 199 ENE M. SMOLLEN, Village Clerk Prepared by the Planning Department Village of Lemont 418 Main Street Lemont, Illinois 60439 A. KWASNESKI, Village President JuJUL 14:'98 j�15 At" ANToN0,6000c ApL•A 4 DYSTRUP EASEMENT =NT TO 86 ii?eS19 ' P. 2 This EASEMENT GRANT is made between LA SALLE NATIONAL SANK, AS TRUSTEE UNDER THE PROVISIONS OF A TRUST AGRESKENT DATED SEPTEMBER 25, 1945, AND ]MONK AS TRUST NO 110361, hereinafter referred to as "Grantor ", and vIL AGE OF LEMONT, AN ILLINOIS MUNICIPAL CORPORATION and =NERO= PARK 10101ONNEW S Assoc*.& :ow, an illinois not -fox- profit corporation hereinafter referred to as "Grantee*. The following recitals of fact are a material part of this instruments • A. The Grantor is the owner of a.tract of land described on Sxhihit "A" and depicted on the plat attached as Exhibit *nu, hereafter referred to as *Basement Premises ". a. There is presently located on the Easement Premises a pond which will serve as .a water detention facility for FIRER-OCR PAM a subdivision approved by the Village and recorded as Doe. N. _ C. As a condition of the approval of the final plat of. Firerock Farms Subdivision, Grantee reg1ired the Grantor grant to Grantee an easement for storm sewer and 'drainage. purposes over Easement Promisee -NOW, T$EREFORE, in consideration' of • TEE AND NO 100 /TES DOLLARS 4=0.00) and other valuable consideration, the receipt and sufficiency of which are hereby, acknowledged, the following grants, agreements, and covenants and restrictions are made: 1. GRANT OF BASEMENT. The Grsliitor hereby grants to the Grantee, its successors and assigns a perpetual easement for storm sewer, detention, and drainage puxpoaes'and for ingress and egress purposes over and across Easeuent Premises. The . purpose of this grant is for the maintenance, renewal, removal, and replacement of the pond, storm sowers, drainage swales, and appurtenances and for ingress and agrees to the Easement Premises for the aforementioned purposes. JUJUL 14_'.c j0_464M ANTONOPGUL 33PLAN DYSTRUP 'TO 163e2slesie P.3 %33 ' 2. WARRANTIES OF TITLE. Grantor warrants that he has good and indefeasible fee simple title to the Easement Promisee. 3. IISE OP the Faeament Premises. Exclusive use of the Easement Premises is tot hereby granted. The right to use the Easement Promisee, is expressly reserved by the Grantor. Grantor reserves the right to Grant to others the right to use the Easement Premises for the same purposes, Grantor reserves the right to use the Basement premises for any purpose that not interfere with c to uses described herein. 4. BUMP= AND BURDENS. All provisions of this instrument are binding upon and inure to the heirs, assigns, successors, tenants and personal representatives of the parties hereto. 5. TERMINATION OF =mum LIABILITY. whenever a transfer of ownership of Easement ?remises takes place, the transferor shall rave no liability for breach of the terms hereof occurring after the date of transfer. No treater of the ownership of the Zasemaat *remises shedl be deemed to be eaasplets until such time ail the either Grantee acknowledges acceptance. of the transfer. In the event of a default by the Grantor, its successors or assigns, the Grantee shall be entitled to reimbursement for the casts and expenses incurred by Grantee related to curing ouch default or amercing this Easement, including but not limited. to reasonable attorney's fees, engineering fees, and other direct and indirect expenses related to such default. 6. CONSTRUCTION. . The rule of strict . construction dots not apply to this Grant. This Grant shall be given a reasonable construction so that the intention of the parties to confer a• commercially usable right of enjoyment iaa carried out. 7. NOTICES. All notices, demands or other communications required or desired to be given hereunder shall be in writing, signed by either party, or their respective authorised agents or attorneys, and shall be deemed to have been properly given if (a) personally delivered to the addressee set forth below, in which case it shall be deemed delivered on the date of delivery to said addresses; (b) mailed by overnight courier, in which case it shall be deemed delivered one (1) business day after the date delivered to such courier; or (c) mailed by t7'nited States registered or to such courier; or (c) mailed by United States registered or certified mail, postage prepaid, return receipt requested, addressed as follows, in which case it shall be deemed delivered on the date received: If to Grantor: c/o Dr. Barry Ladd 1100 Walter Street Lemont, I1. 60439 If to Grantee: 418 Main Street Lemont, I1. 60439 Any party may designate any other address in substitution of the foregoing address by giving ten (10) days' prior written notice to the other party in the manner provided herein. 8. RELEASE OF EASEMENT. The Grantee herein may terminate this instrument by recording a release in recordable form with directions for delivery of same to Grantor at his last address given pursuant hereto whereupon all rights, duties, and liabilities hereby created shall terminate. For convenience such instrument may run to "the owner or owners and parties interested" of the • Easement Premises. 9. DRAINAGE EASEMENT MAINTENANCE AND REPAIR. Grantor, for itself and its successors and assigns, covenants and agrees to maintain, at its sole cost and expense, the Easement Premises, subject to the limitations set forth below. Grantor shall be responsible for any and all claims or judgments for personal injury or property damage made occurring on, in or about the Easement Premises except for any such claim or judgment arising from the fault or neglect of Grantee, its respective employees, agents, contractors or invitees. Maintenance of the Easement Premises includes, but is not limited to, the maintenance of the concrete aprons, concrete or earthen weir walls, culverts, storm sewers, and the removal of sediment and other obstructions which prevent the improvements from performing the storm water detention and drainage function for which it was designed. Grantor reserves the right to obligate the owners of Firerock Farm Subdivision and other property owners whose property is tributary to the Easement Premises for such owners fair share of the cost of maintenance of the Easement Premises. Grantor, its successors ans assigns, shall indemnify and hold harmless Grantee in connection with any injury to property or person which may result from the neglect of the Grantor, its successors or assigns in regard to the Easement Premises. 10. NO JOINT VENTURE. Nothing contained in this Agreement shall be construed to make the parties hereto, or their successors and assigns, partners or joint ventures, or to render any of said parties liable for the debts or obligations of the other. 11. METHOD OF AMENDMENT. The parties hereto agree that the provisions of this Agreement may be modified or amended, in whole or in part, only by a written agreement executed and acknowledged by the parties (or their respective successors and assigns) and duly recorded in the Office of the Recorder of Deeds in and for the County of Cook, State of Illinois. 12. COUNTERPARTS. This Agreement may be executed in several counterparts, each of which shall be deemed an original, and all counterparts shall together constitute one and the same instrument. 13. HEADINGS. The section headings herein are for convenience and reference only, and in no way define or limit the scope and content of this Agreement or in any way affect its provisions. 14. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. 15. PARTIAL INVALIDITY. If any provisions or portions thereof of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or portion thereof, to any other persons or circumstances shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 16. EXERCISE BY GRANTEE. The Grantees may not exercise the rights granted hereunder unless it first sends written notice to Grantor stating Grantor's failure to maintain the pond and specifying the nature of the needed maintenance and unless Grantor within 30 days of the date of receipt of the notice fails to perform the required maintenance or if the maintenance is of such a nature that it can not be completely performed within said 30 days, Grantor fails to commence the maintenance and diligently proceeds to its completion. Grantee does have the right to periodically inspect the pond and may, upon prior notice, access the pond at any time for such purpose. 17. TRUSTEE EXCULPATION. This document is executed by La Salle National Bank, not personally but as Trustee, as aforesaid, in the exercise of power and authority conferred upon and vested in said Trustee as such and it is expressly understood and agreed that nothing in said document contained shall be construed as creating any liability on said Trustee personally to pay any indebtedness accruing thereunder,' or to perform any covenants, either expressed or implied, including but not limited to warranties, indemnifications, and hold harmless representations in said document (all such liability if any, being expressly waived by the parties hereto and their respective successors and assigns) and that so far as said Trustee is concerned, the owner of any indebtedness or right accruing under said document shall look solely to the premises described therein for the payment or enforcement thereof, it being understood that said Trustee merely holds legal title to the premises described therein and has no control over the management thereof or the income therefrom, and has no knowledge respecting any factual matter with respect to said premises, except as represented to it by the beneficiaries of said trust. IN WITNESS WHEREOF, the Grantor, his spouse and the Grantee have hereunto set their hands and seals this 7 day of /iiiaf/ , 19./ . GRANTEE- GRANTOR: VILLAGr7IF LEMONT LASALLE NATIONAL BANK, TRUST NO. 110361 41 A BY: Or 4/ ATTEST :.CLAI,1i EXHIBIT "A" LEGAL DESCRIPTION OF PROPOSED STORM WATER MANAGEMENT AREA FOR FIREROCK FARM THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS COMMENCING AT THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SOUTHWEST QUARTER; THENCE ON AN ASSUMED BEARING OF SOUTH 88 DEGREES 11 MINUTES 32 SECONDS WEST ON THE NORTH LINE OF SAID SOUTH HALF, 534.19 FEET TO THE NORTHWESTERNMOST CORNER OF FIREROCK FARM, BEING A SUBDIVISION OF PART OF SAID SOUTHWEST QUARTER ACCORDING TO THE PLAT THEREOF RECORDED ON 7/Z 03' AS DOCUMENT NUMBER 9J714-0 iZ i AND TO THE POINT OF BEGINNING; THENCE THE FOLLOWING 5 COURSES AND DISTANCES ON BOUNDARY LINES OF SAID FIREROCK FARM; SOUTH 1 DEGREE 48 MINUTES 28 SECONDS EAST, 127.71 FEET; SOUTH 09 DEGREES 18 MINUTES 44 SECONDS EAST, 107.90 FEET; SOUTH 11 DEGREES 02 MINUTES 20 SECONDS WEST, 112.70 FEET; SOUTH 01 DEGREE 33 MINUTES 38 SECONDS EAST, 64.69 FEET; SOUTH 29 DEGREES 50 MINUTES 25 SECONDS EAST, 23.95 FEET TO THE SOUTHWESTERNMOST CORNER OF LOT 5 IN SAID FIREROCK FARM; THENCE SOUTH 78 DEGREES 53 MINUTES 07 SECONDS WEST, 60.57 FEET; THENCE NORTH 77 DEGREES 08 MINUTES 17 SECONDS WEST, 18.32 FEET; THENCE NORTH 12 DEGREES 49 MINUTES 36 SECONDS WEST, 59.27 FEET; THENCE NORTH 05 DEGREES 10 MINUTES 13 SECONDS WEST, 110.83 FEET; THENCE NORTH 36 DEGREES 58 MINUTES 56 SECONDS WEST, 131.54 FEET; THENCE NORTH 22 DEGREES 54 MINUTES 53 SECONDS WEST, 50.91 FEET; THENCE NORTH 52 DEGREES 43 MINUTES 48 SECONDS EAST, 92.49 FEET; THENCE NORTH 43 DEGREES 16 MINUTES 27 SECONDS EAST, 82.22 FEET TO A POINT IN THE NORTH LINE OF SAID SOUTH HALF THAT IS 55.88 FEET WESTERLY OF, AS MEASURED ON SAID NORTH LINE, THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 11 MINUTES 32 SECONDS EAST, ON SAID NORTH LINE, 55.88 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS. LEGAL DESCRIPTION OF PROPOSED OFFSITE PUBLIC UTILITY AND DRAINAGE EASEMENT FOR FIREROCK FARM THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING A STRIP OF LAND 15 FEET WIDE LYING 7.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED SERIES OF LINES: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SAID SOUTHWEST QUARTER; THENCE ON AN ASSUMED BEARING OF SOUTH 88 DEGREES 11 MINUTES 32 SECONDS WEST ON THE NORTH LINE OF SAID SOUTH HALF, 534.19 FEET TO THE NORTHWESTERNMOST CORNER OF FIREROCK FARM, BEING A SUBDIVISION OF PART OF SAID SOUTHWEST QUARTER ACCORDING TO THE PLAT THEREOF RECORDED ON 9/z ' /cfrs' AS DOCUMENT NUMBER `iefi Z2 ; THENCE THE FOLLOWING 6 COURSES AND DISTANCES ON BOUNDARY LINES OF SAID FIREROCK FARM; SOUTH 1 DEGREE 48 MINUTES 28 SECONDS EAST, 127.71 FEET; SOUTH 09 DEGREES 18 MINUTES 44 SECONDS EAST, 107.90 FEET; SOUTH 11 DEGREES 02 MINUTES 20 SECONDS WEST, 112.70 FEET; SOUTH 01 DEGREE 33 MINUTES 38 SECONDS EAST, 64.69 FEET; SOUTH 29 DEGREES 50 MINUTES 25 SECONDS EAST, 23.95 FEET TO THE SOUTHWESTERNMOST CORNER OF LOT 5 IN SAID FIREROCK FARM; THENCE NORTH 88 DEGREES 12 MINUTES 59 SECONDS EAST, ON THE SOUTH LINE OF SAID LOT, 107.32 FEET TO THE SOUTHEAST CORNER OF SAID LOT 5; THENCE SOUTH 01 DEGREE 33 MINUTES 38 SECONDS EAST, ON A WEST LINE OF SAID FIREROCK FARM, 29.72 FEET TO THE POINT OF BEGINNING, SAID 15 FOOT WIDE STRIP OF LAND BOUNDED ON THE EAST BY THE LAST DESCRIBED LINE AND THE SOUTHERLY EXTENSION OF SAID LINE; THENCE NORTH 83 DEGREES 53 MINUTES 37 SECONDS WEST, 87.24 FEET; THENCE NORTH 37 DEGREES 13 MINUTES 49 SECONDS WEST, 21.79 FEET TO A TERMINUS IN THE SOUTH LINE OF SAID LOT 5 THAT IS 8.16 FEET EASTERLY OF, AS MEASURED ON SAID SOUTH LINE, THE SOUTHWESTERNMOST CORNER OF SAID LOT, SAID 15 FOOT WIDE STRIP OF LAND BOUNDED ON THE NORTH BY THE SOUTH LINE OF SAID LOT 5, ALL IN COOK COUNTY, ILLINOIS. STATE OF ILLINOIS ) SS COUNTY OF Cook I, ,t.vvo /S , a Notary Public in and for said County, in the State aforesaid, DO HE' : Y ERTIFY that C� �; A ,.k Coo 41.4 of the Village of Lemont, a Municip•u Corporation and Crow lQ 'L . VIACAQ it thereof, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such e;r and \I I c,`,e C1 tc, respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary of said Bank, for the uses and purposes therein set forth; and the said C 1 Qx-k, did also then and there acknowledge that he is custodian of the corporate seal of said Municipality did affix the said corporate seal of said Municipality to said instrument as his own free and voluntary act, and as the free and voluntary act of said Municipality for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this lli`day of , A.D. 192r,i STATE OF ILLINOIS COUNTY OF t ° ' ) SS NO I EAL (1OE YATES NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 0.12.2000 I, , a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that NATIONAL BANK, Chicago, Illinois, and ROB- sM,APY COI UNS of LASALLE Deborah Berg . thereof, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such VIIR !IOW _ ,, ; and . . respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary of said Bank, for the uses and purposes therein set forth; and the said did also then and there acknowledge that he is custodian of the corporate seal of said Bank did affix the said corporate seal of said Bank to said instrument as his own free and voluntary act, and as the free and voluntary act of said Bank for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this 7 day of A.D. 19237 DOCUMENT PREPARED BY: ANDREW C. DYSTRUP Davis, Kaplan, Dystrup and Hoster, P.C. 181 N. Hammes Avenue Joliet, Illinois 60435 AFTER RE1ORDING RETURN TO: ANDREW C. YSTR Davis, Kaplan, 181N.H.usses venue Joliet, inois 6043 p and Hoster, P.C. ■I ACD/paf 6/09/98 LOURDES MARTINEZ NOTARY PUSLEC STATE '=.*,E 4 rvw Conirrison VILLAGE OF LEMONT 418 Main Street Lemont, IL 60439 OTHERRE\LADD\EASEMENT.WPD 3d COUNTY CLERK'S ENDORSEMENT W F- CY w C- CD • LJ w O a vi CC REVENUE LAW N ti 516 CHPTER BASIS OF BEARINGS BEARINGS ARE BASED ON THE PLAT OF SUBDIVISION OF FIREROCK FARM. CX LO 13 10 JAYNE N88'11'3 ? "E .EXH, lBIT „B 9 888 °11'32 "W 10 1.684.19'••1 9 Point of Beginning of Stormwater Management Area STREET \.r'worth line, South 1/2, South 1/2, North 1/2, Point of Commencement of Stormwater Management Area d Public UI!ity c4• Drainage Easement NW 1/4, SW 1/4, Sec. 29 -37 -11 '1S cob.. �W • OD A WE/MER AVE. d >n A O to O� O Fri Jun 12 08:46: 58 1998 N: \971343 \Exhibitb.dwg t 01-5 / —I Z_ FIREROCK FARM SUBDIVISION 240.001 N88°12'59"E orth tine South 260; NW 1/4, SW 1/4, Spec. 29 -37 -11 N83'53'37 "W 87.24' N3713'49 "W 21.79' N88°12'59"E 107.32' N7T08'17 'W 18.32' SO1'33'38 "E 29.72' Point of Beginning of 15' Pub /ic Utility d Drainage Easement 23.95' S29 °60'26 "E 60.57' '—�+ -- S78'53'07 "W/ Ingress /Egress em t en per Doc. No. 2142Eas2121 Recorded March 18, 1971 Centerline of Public- Utility & Drainage Easement West line, East 425; NW 1/4, SW 1/4, Section 29 -37 -11 50' Wide Right of Woy Grant to Badger Pipeline Company per Doc. No. 15883365 Ingress/Egress Easement per Doc. No. 21422121 and Doc. No. 21427682 186.00'• •••• •••• South line, N 1/2, S 1/2, NW 1/4, N88 °12'69 "E SW 1/4, Section 29 -37 -11 11 SCALE: 1.3=100' DATE 6 -11 -98 DRAWING No. 197 -1343 EXHIBIT B RUETTIGER, TONELLI & ASSOCIATES, INC. Land Surveyors /Engineers /Planners /Landscape Architects /C.LS. Consultants 2174 ONEIDA STREET JOUET, IWNOIS 60435 • PH. (815) 744 -6600 FAX (815) 744 -0101 2603 SOUTH WASHINGTON STREET SUITE 170 NAPERWUE, IWNOIS 60565 PH. (630) 420 -7740 FAX (530) 420 -7741