R-453-96 09/09/96VILLAGE OF LEMONT
RESOLUTION NO.
DATE OF APPROVAL °` -`�6
96716967
RESOLUTION APPROVING AN EASEMENT AGREEMENT
FOR THE NORTHEAST CORNER OF STATE STREET AND 127TH STREET
(WALGREENS SITE)
WHEREAS, the Village of Lemont as Grantor has received an Easement Agreement,
attached hereto as Exhibit "A ", for property on 127th Street and State Street, in Lemont,
Illinois which is legally described as follows:
THAT PART OF LOT 7 OF COUNTY CLERK'S DIVISION OF SECTION 29, TOWNSHIP 37 NORTH, RANGE
11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO PLAT THEREOF RECORDED APRIL
30, 1880 AS DOCUMENT NO. 269439, BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF
MEYER'S GROVE COMMERCIAL PARK, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER
9, 1981 AS DOCUMENT NO. 26054442; THENCE EAST ALONG THE NORTH LINE OF SAID LOT 1,
177.00 FEET; THENCE NORTH PARALLEL WITH WEST LINE OF SAID LOT 1 20.00 FEET; THENCE
WESTERLY 177.08 FEET TO A POINT ON THE NORTHERLY PROLONGATION OF THE AFORESAID
WEST LINE OF LOT 1, WHICH IS 15.00 FEET NORTH OF THE POINT OF BEGINNING, THENCE SOUTH
ALONG SAID PROLONGATION 15.00 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY,
ILLINOIS (CONTAINING 0.071 ACRES MORE OR LESS)(THE "EASEMENT PREMISES ").
WHEREAS, said Agreement shall allow the Grantee the authority to install, construct,
reconstruct, operate, maintain and repair a stormwater detention pond as may be
necessary.
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
VI� OF LEM * T, COUNTIES OF COOK, WILL AND DuPAGE, ILLINOIS, on this
day of .d � � , 1996.
Barbara Buschman
Alice Chin
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Approved by me this
day of
AYS
NAYS PASSED ABSENT
DEPT -01 RE(:f Dll4G $41.,50
T40003 MAN 656209/19/9609:41:00
43954-1 l 1 *-96-716967
COOK COUNTY RECORDER
//
. SMOLLE ` fillage Clerk
1996.
I, Village
resident
f U
ARLENE M. SMOLLEC, Village Clerk
Prepared by the Planning Department
Village of Lemont
418 Main Street
Lemont, Illinois 60439
Pd .' • as -c 9 - yob - 00 .
EASEMENT AGREEMENT
/Augus t
THIS AGREEMENT is made and entered into this z / day of Joday, 1996, by and between
the VILLAGE OF LEMONT, a Municipal Corporation hereinafter referred to as "Grantor", and LA
SALLE NATIONAL TRUST, N.A., not personally, but solely as Trustee under Land Trust
Agreement, Trust Number 119831, dated October 5, 1995 "Grantee ".
WITNESSET$:
WHEREAS, Grantee has requested the Grantor a non - exclusive perpetual easement to install,
construct, reconstruct, operate, maintain and repair a storm water detention pond to be used in
conjunction with Grantee's property for storm water detention as more fully set forth on the attached
Exhibit and hereinafter referred to as "Easement ".
WHEREAS, Grantor is willing to grant to the Grantee a non - exclusive perpetual easement
for storm water detention, 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 its successors and assigns a non-
exclusive perpetual easement to install, construct, reconstruct, operate, maintain, alter, repair, replace
a storm water detention pond under, upon, through and across a 15 to 20 foot strip of land legally
described as:
That part of Lot 7 of County Clerk's Division of Section 29, Township 37 North,
Range 11, East of the Third Principal Meridian, according to Plat thereof recorded
April 30, 1880 as Document No. 269439, beginning at the Northwest corner of Lot
1 of Meyer's Grove Commercial Park, according to the Plat thereof recorded
November 9, 1981 as Document No. 26054442; thence East along the North line of
said Lot 1, 177.00 feet; thence North parallel with West line of said Lot 1 20.00 feet;
thence Westerly 177.08 feet to a point on the Northerly prolongation of the aforesaid
West line of Lot 1, which is 15.00 feet North of the Point of Beginning; thence South
along said prolongation 15.00 feet to the Point of Beginning, all in Cook County,
Illinois (containing 0.071 acres more or less) (the "Easement Premises ").
The easement for said storm water detention is herein granted by the Grantor to the Grantee
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 water well and storage facilities and
adjoining property owned by Grantor. In the event that Grantor shall hereafter decide to alter or
relocate its present facilities at this location or shall decide to construct additional facilities at this
location and in the event the storm water detention constructed by Grantee pursuant to this Easement
Agreement shall interfere with such proposed use of the premises by Grantor, Grantor shall deliver
to Grantee a written notice describing such proposed use and stating that said storm water detention
of Grantee will interfere with such proposed use. This notice shall be accompanied by an itemized
list of any additional construction costs to be reasonably incurred by Grantor, if Grantor alters its
proposed construction to avoid interference with said storm water detention; provided Grantor shall
use all reasonable efforts to design all alterations or relocations of its present facility in a manner that
shall not interfere with the Easement Premises, and shall minimize such additional construction costs.
Upon receipt of such notice and itemization of additional cost, Grantee shall have the option of either
(a) notifying Grantor within 10 days of the receipt of such notice that it elects to relocate said storm
water detention, at its sole cost and expense, within a period of 60 days to another location on the
property of Grantor mutually agreed upon by the parties hereto, or, (b) notifying Grantor within 10
2
days of the receipt of such notice that it elects to pay Grantor for all additional construction costs to
be incurred by Grantor, as shown by the itemization of cost submitted by Grantor. In the event
Grantee shall elect to relocate said storm water detention, Grantee shall promptly take all steps
necessary to complete such relocation within a reasonable time, and in no event later than 60 days
from the date of such notice. In the event Grantee shall elect to reimburse Grantor for the additional
cost to be incurred by Grantor, this amount shall be paid to Grantor upon request. Grantor covenants
to maintain sufficient space on its property to accommodate any such relocated stormwater detention
area.
2. Prior to undertaking the installation of said storm water detention, Grantee 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 storm water detention and Grantee shall obtain Grantors written
approval and consent to such plans and specifications. Upon receipt of such plans and specifications
submitted by Grantee, Grantor shall promptly review such plans and specifications and notify Grantee
of its approval or its objections thereto. Any proposed changes in said plans before or after
installation or any additional attachments, equipment or appurtenances required for said detention
after installation 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. Except for routine maintenance, operation and inspection of said storm water detention
and except in an emergency, all construction, reconstruction, installation, maintenance, repair and
removal work to be performed by Grantee on the premises shall be performed at such time as shall
have been approved in advance by Grantor. Notice of any such proposed work shall be given to
3
Grantor at least 48 hours prior to the proposed commencement thereof.
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, perform any protective work which
it deems necessary to insure the safety of its facilities in the area of Grantees proposed work, or it
may request Grantee to perform such work. In the event it elects to perform such work, Grantor
shall make a reasonable effort to complete any such protective work prior to Grantees proposed time
for commencement of its work, but in the event such protective work cannot be completed by
Grantor prior to Grantee's proposed time for commencement of work, Grantee shall postpone the
commencement of such work until such time as Grantor has completed any such protective work.
The expense of any such protective work shall be borne by Grantee.
4. Grantee shall be responsible for installing any and all landscaping improvements pursuant
to a landscaping plan that has been submitted to the Grantor and shall maintain said landscaping and
detention facilities.
5. Grantee 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, reconstruction, operation, maintenance, alteration, repair, replacement or removal of
Grantees storm water detention.
6. All installation, construction, reconstruction, operation, repair, replacement or removal
work performed by Grantee pursuant to the easement granted by this indenture shall conform to the
following rules and regulations:
a. No blasting shall be done on the premises.
b. Natural drainage of the premises shall not be impaired except as approved by Grantor's
4
engineers. Upon completion of said work; Grantee 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. Grantee shall leave the premises and any adjacent property used by it in
connection with the construction, reconstruction,
maintenance, alteration, repair, replacement or removal of said storm water detention in a neat, clean
and orderly condition.
7. Grantee 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
storm water detention 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);
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's with written notification thereof and
Grantee shall conduct the defense thereof before any court, board, commission or other governmental
body exercising jurisdiction therein. No settlement or compromise of any such claim, damage, loss,
demand, action or cause of action shall be made unless agreed to by Grantor. 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 storm water detention or any other property of Grantees situated
5
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, its successors
and assigns.
8. Grantee agrees before the commencement of any work on Grantor's property hereunder
that Grantee shall require its contractor (or contractors) to procure general liability insurance
(including Contractual Liability on a blanket broad form basis) 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 for the term of the policy with respect to property damage. Such
insurance shall be 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 418 Main Street, Lemont, Illinois 60439 c/o Steve Jones, Village Administrator.
9. In the event Grantee's, its successors or assigns, shall fail in any material respect, to fulfill
and discharge any of its obligations hereunder or shall fail in any material respect to comply with the
terms and conditions hereof and in the event such failure or non - compliance shall continue for a
period of 30 days after written notice of such failure or non - compliance, then and in that event, at the
option of Grantor, and upon an additional 30 day period of notice to Grantee, the easement granted
hereunder shall terminate and Grantee's rights hereunder shall be of no further force and effect.
10. Any notice herein provided to be given shall be deemed properly given if in writing and
delivered personally or mailed to:
6
SEVT.BY:CHICAGO ; 8 -13 -96 ; 16:07 ;
If toGrantor:
Village of Lemont
418 Main Street
Lemont, Illinois 60439
11.
Dickinson, Wright-'
If to Grantee:
LaSalle National Trust
as Trustee U/T# 119831
135 S. LaSalle Street
Chicago, IL 60674
608 363 8175 4 9/11
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. L
�i o' on ;tiLr t• +;!j•,� r� s.e `� Hereto And 4.7,6e A Part *root
711i :.� § E:� a .'If
GRANTOR: GRANTEE:
VILLAGE OF LEMONT
13y
chard Kwasneski
Attest:.
hariene Smollen
CONSENT:
LA SALLE NATIONAL TRUST, N.A.
not personally, but solely as Trustee under
Trust No. 119831 dated 10 -5 -95
By:
1• , tArt. V1 'a Yiba ".f *i:.±
Attest: i/1 aaCl 6 AteL612
AZ :ST ANT `mac ^rrz v
The First National Bank and Trust Company of Beloit, Wisconsin, hereby consents to the execution
of this Easement Agreement.
FIRST NATIONAL BANK AND TRUST COMPANY
OF BELOIT WISCONSIN
By:
c:agrceleascmcnt \vms
7
a,2
STATE OF ILLINOIS )
COUNTY OF Cook, )
I, 4 . ,..� _ , .: _ a Notary Public, in and for said County, in the State
aforesaid, do hereby ce, i' that Richard Kwasneski, President and Charlene Smollen, Secretary of
the Village of Lemont, ' onally known to me to be the same persons whose names are subscribed
to the foregoing instrument as such President and Secretary, respectively, appeared before me this
day in person and acknowledged that they signed and delivered said instrument as their own free and
voluntary act and as the free and voluntary act of said Village of Lemont, for the uses and purposes
therein set forth.
Given under my hand and notarial seal this [ l''4` day of
STATE OF ILLINOIS )
COUNTY OF CduK )
I, RUTH `f UNKER , a Notary Public, in and for said County, in the
State aforesaid, do hereby certify that LaSalle National Trust, N.A., as Trustee U/T# 119831 By
Ccll'rs and r --, , 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 therein set forth, including the release and
waiver of the right of homestead.
Given under my hand and official seal this / day of v fr-- , 1996.
1996.
Notary Pubti
_ •FFICIAL SEAL
ROSEMAY YATES
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 8.12.2000
Notary
R14.17 A ' V,,
My c
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SJlen `rp;rasr �16/9s
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ry Public
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SCALE 1' =50'
rW
(i) 33' ' 177.00
210.00
PLAT OF EASEMENT
THAT PART OF LOT 7 OF COUNTY CLERICS Or.S10• ^F SCAN 29, TowNyRP 37 NORTH,
a.:+w,E 11 EA$T OF r-( r...RO PR.KCD44. YEP10w.. Accoro.rw r0 PLAT THEREGF 'RECORGEO
APRIL 30. 11380 AS 0OCUI4ENT N0. 269 +39. BEGIKN:NG AT P-c NGRTHwEST CORKER OF
or 1 Or IA:YERS :Rcyf CO•oicKIA4. RAPK, ACCORO••r; Tv TvC OLAT TNEREOr REMROED
KOvEY9EP 9. 1961 AS DOCumENT v0. 2■QSAU2. THENCE EAST ALONG THE NORTH LA•.E
OF Sum or 1. 177 00 FEET, ? C ICE NORTH PARALLEL wen. RE57 LP+E OF SAO LOT 1
:0 00 FEET. THENCE .ESTEPLY 177 C8 FEET TO A PO:NT CH T..E NORTHERLY PRCA.ONCARO. OF
7HE AFOPESNO REST L:'E OF LOT 1. w••GH iS 15 00 FEET NOPrM OF THE PGNr OF
BEGNN:: THE ;:CE S•... s LO•:G SA:v aRrl;,r.r CN S CO ;CET rC rHE PO:V GF
BEG:w..lNG. ALL :TV C)C'. CGUNrT. 4:N015 contan.n.T 0.071 oc..s .•ews a 1RSS.
• 210.00
33'
RAPT OF LOT 7 or COUNn'
CLERK'S 0tv1510r.
0
0
o_
177.06
. STORMWATER DETLYTION EASEW.VJ T
ca
0)
STATE OF u'NO'S)SS
C•iVNTf OF R1lL )
1NE *EST UNE Of LOT
1, JERJKD Y PAPES■. A PROFESSIONAL LANO
S1JRNEDOR W THE STATE OF LLIN01S. 00 HEREBY CERT.FY r►.AT
1 HAVE PPEPAPEO TH■S PLAT OF EAsE•Evr OvEP THE ASOYE
CAPTIONED waft AND THAI' rHIS AtAT S A CO'•RECt REP•ESEKLIION
r..cxf. curt; AT :OL:ET. uiNrwS T..S 9 <1L
1976. •0
My
1
THE NORTH U/E OF LOT 1
METER'S GRO*E CG'..ERCIAL PARK
EXHIBIT "A'
•
GEOTECH INC.
CONSULTING ENGINEERS - LAND SURVEYORS
1107 w. JEFFERSON Sr. 815 - 727 -6361 JOUET.11. 60435
PROJECT: PLAT CO EASEMENT
nEL0 BOOK /: COOK COwTY
CTi.L*N BY: CH R.
1 GATE: 07/08/96 SCALE: 1 -5Q•
JOB NO. T ?ow
uO.at 1.4 }.• •r'.. r•. 0 K.r.M.t• .NP YYt'V•T.• 9ti•Ar •M• M1Cr0fl..ltt
RIDER ATTAR TO AND MADE A PART OF DOCUMENT
DATA g--).-/-?' ENDER TRUST No. //
This instrument is executed by LA SALLE NATIONAL TRUST, N.A., not personally but
solely as Trustee, as aforesaid, in the exercise of the power and authority
conferred upon and vested in it as such Trustee. All the terms, provisions,
stipulations, covenants and conditions to be performed by LA SALLE NATIONAL
TRUST, N.A., are undertaken by it solely as Trustee, as aforesaid, and not
individually and all statements herein made are made on information and belief
and are to be construed accordingly, and no personal liability shall be
asserted or be enforceable against LA SALLE NATIONAL TRUST, N.A., by reason of
any of the terms, provisions, stipulations, covenants and/or statements contained
in this instrument.
FORM IOC 0421