R-424-96 Accepting grant of easement (McDonald's property)96716966
VILLAGE OF LEMONT
RESOLUTION NO. LIl
DATE OF APPROVAL c,1-5 -90
,.
RESOLUTION ACCEPTING GRANT OF EASEMENT
(MCDONALD'S PROPERTY)
WHEREAS, the Village of Lemont has received a Grant of Easement, attached as
Exhibit "A ", for property owned by the McDonald's Corporation, which is legally described
as follows:
The West 290 feet of the East 323.00 feet of the South 1/2 of the South 1/2 of the
East 1/2 of the Southwest 1/4 (except the South 510.00 feet) of Section 29, Township
37 North, Range 11 East of the 3rd Principal Meridian, in Cook County, Illinois.
WHEREAS, said Grant of Easement shall allow the Village of Lemont to maintain,
repair, replace and renew an existing sidewalk over the subject property as may be
necessary.
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 VILtAGE OF LEMONT, COUNTIES OF COOK, WILL AND DuPAGE, ILLINOIS,
on this day of �rj , 1996.
Barbara Buschman
Alice Chin
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Approved by me this / 3 day of
AYES NAYS PASSED ABSENT
v'.
s L& /7,'2k'L-
ENE M. SMOLLEN, Village Clerk
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'Tr' • ' : -A. KW, SNESKI, Village President
19 6.
C LENE M. SM LEN, Village Clerk
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P.I.N.: 22 -29- 309 -022
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LEMONT, ILLINOIS
1152 State
L /C: 012 -0400, File #5183
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT, dated April 10, 1996 is between McDONALD'S CORPORATION, a
Delaware Corporation whose address is One McDonald's Plaza, Oak Brook, Illinoisf 60521 ( "Grantor ") and THE
VILLAGE OF LEMONT, a Municipal corporation whose address is 418 Main Street, Lemont, Illinois 60439
( "Grantee "). The following statements are a material part of this agreement:
A. Grantor is the owner of Parcel 1 described in Exhibit A, attached.
B. Grantee is the owner of State Street adjacent to Parcel 1.
C. Grantor wishes to grant, and Grantee wishes to receive a sidewalk easement over and across a portion
of Parcel 1 upon which a sidewalk on State Street owned by Grantee is encroaching.
THEREFORE, in consideration of TEN AND NO /100THS DOLLARS ($10.00) and other valuable
consideration, the receipt and sufficiency of which are acknowledged, the following grants, agreements, covenants
and restrictions are made:
1. SIDEWALK EASEMENT
A sidewalk which is partially kState Street is encroaching onto a portion of Parcel 1. Grantor grants to
Grantee a perpetual, non - exclusive easement purtenant to State Street, for the purpose of maintaining, repairing,
replacing and renewing a sidewalk over, along, in and across the portion of Parcel 1 upon which such sidewalk is
currently situated per the attached reduced survey prepared by Cornerstone Engineering dated October 6, 1995
described in Exhibit B.
2. USE OF EASEMENT AREAS
Grantee will have the right to maintain, repair or replace the sidewalk encroaching onto such portion of
Grantor's property.
3. WARRANTIES OF TITLE
The Grantee agrees to maintain the sidewalk in good and safe condition and to indemnify, defend and
hold the Grantor harmless for any claim, expense, injury or cause of action arising out of or in any way related to
the encroachment remaining on the Grantor's property.
4. RUNNING OF BENEFITS
This easement shall run with the land and shall be binding upon and inure to the benefit of the Grantor
and the Grantee and their heirs, administrators, executors, successors and assigns.
TO INDICATE THEIR CONSENT TO THIS AGREEMENT, Grantor and Grantee, or their authorized
representatives or officers, have signed this document.
GRANTOR: McDONALD'S CORPORATION
VIL A E OF LEMONT
A'1'I EST:,.
By:'�
Staff Director
ts:
A'1'1EST.
By: G� L�
Its: e l+z_r\'
WITNESS:
(ATTACH ACKNOWLEDGMENTS AND EXHIBJrS A?AND B)
Prepared by and Return to:
Deborah Connors
Real Estate Legal Department
McDonald's Corporation
One McDonald's Plaza
Oak Brook, IL 60521
L:\SANDERS\1? 0400sE+ASMNT.DOC
StATE OF ILLINOIS )
COUNTY OF DUPAGE )
ACKNOWLEDGMENT - McDonald's Corporation
SS:
I, Sueann Fisher, a Notary Public in and for the county and state aforesaid, DO HEREBY CERTIFY that
`oseph R. Thomas, Assistant Vice President and Edward J. Pacana, Staff Director of McDonald's
orporation, a Delaware corporation, who are personally known to me to be the same persons whose names are
subscribed to the foregoing instrument as such Assistant Vice - President and Staff Director appeared before
me this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free
and voluntary act as such Assistant Vice President and Staff Director respectively and as the free and
voluntary act of said corporation for the uses and purposes therein set forth.
Given under(my h 'd and notarial seal, April 10, 1996
y `L- My commission expires 2/24/98
Notary Public
ACKNOWLEDGMENT - INDIVIDUAL
STATE OF )
SS:
COUNTY OF )
5i5h
I`LL'T it ;T,'\fi: OF IL.I.INt ?t7
MN/ii -SION EXP. FEB. 24,199
a Notary Public in and for the county and state aforesaid, DO
HEREBY CERTIFY that and of
who (is)(are) personally known to me to be the same person(s) whose
name(s) (is)(are) subscribed to the foregoing instrument appeared before me this day in person and acknowledged
that (he)(she)(they) signed, sealed and delivered the said instrument as (his)(her)(their) free and voluntary act for
the uses and purposes therein set forth.
Given under my hand and notarial seal, this day of , 19
Notary Public
STATE OF LW- s
COUNTY
SS:
My commission expires
ACKNOWLEDGMENT - CORPORATE
I, d .vr" t, E E s a Notary Public in and for the county and state aforesaid, DO
HEREBY CF that >�,r.t _ a s w ak2 , President and
j_«,:1. ._ r cA , S�cretgry CL-,/k _.. of
\i,I\,r,o
L. c \ �.. Or C.L.`- „'r” , a(n) @-%uMc.1 3;z corporation, who is
personally owr to me to be the person whose name is subscribed to the foregoing instrument as such President,
appeared before me this day in person and acknowledged that they signed, sealed and delivered the said
instrument as their free and voluntary act as such President and Secretary respectively and as the free and
voluntary act of said corporation for the uses and purposes therein set forth.
Giv
Not
n under my hand and notarial seal, this 13 ' day of -4 c.L
U
My commission expires
, 19_.
OFFICIAL SEAL "
ROSEMAY YATES
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 8112/96
The west 290 feet of the east 323.00 feet of the South 1/2 of the
South 1/2 of the East 1/2 of the Southwest 1/4 (except the South 510.00
feet) of Section 29 Township 37 North, Range 11 East of the 3rd
Principal Meridian, in Cook County, Illinois.
EXHIBIT A
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Yxrf ts9
WEND STREET
0'1
ENORTH
GRAPHIC SCALE
I 6. F=T
V.II
LEGEND
• - l/2" IRON ROD SET
o - 1/2" IRON ROD RECOVERED
• • CROSS -CUT ON SIDEWALK OVER IRON R00 RECOVERED
• • CROSS -CUT ON SIDEWALK OVER IRON PIPE RECOVERED
O • IRON PIPE RECOVERED
BM = ELEVATOR 100.00 TOP OF
CROSS -CUT ON SIDEWALK
AT SE. CORNER OF PARCEL
• • CONIFER TREE
= DECIDUOUS TREE
® = SHRUB
e - PARKING LOT UTE
EXHIBIT B
TOPOGRAPHIC / BOUNDARY
Survey
for
Existing McDonald's Store
Lemont, IL
REVISIONS
DATE DESCRIPTION
Cornerstone Engineering
DRAWN BY: BSW CHECKED BY: KPAIOATE: 10/06/95 SHEET 10F1
SCALE: 1' -20'
JOB NUMBER:1009