R-193-91 Easement GrantZ 2 -Z -�o s -00 3
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EASEMENT GRANT
THIS GRANT OF EASEMENT, made this 22nd day of October, 1991, from
AMERICAN NATIONAL BANK & TRUST CO., as Trustee Under Trust Number 103916-
05, dated December 1, 1987, (hereinafter called the "GRANTOR "), to the VILLAGE OF
LEMONT, a municipal corporation organized and existing under the laws of the State of
Illinois (hereinafter termed the "VILLAGE "), 418 Main Street, Lemont, Illinois 60439.
WITNESSETH:
WHEREAS, the Village has requested permission to construct sewer and water
mains under certain property that is owned by the GRANTOR; and
WHEREAS, said sewer and water mains, upon completion and acceptance by the
VILLAGE, will be dedicated to the VILLAGE; and
WHEREAS, in order to construct the sewer and water mains, it is necessary for the
VILLAGE to obtain a perpetual, non - exclusive easement, right, privilege, and authority to
construct, reconstruct, repair, maintain and operate a certain part of the sewer and water
mains under and through certain premises hereinafter described; and
WHEREAS, the Grantor is willing to grant said non - exclusive perpetual easement,
right, privilege, and authority to the VILLAGE, upon the terms and conditions herein set
forth;
NOW, THEREFORE, in consideration of the mutual benefit of the parties and the
waiver of any recapture fee, the GRANTOR does hereby bargain, sell, grant, transfer and
convey to its successor and assigns, the perpetual non - exclusive easement, right, permission
and authority to construct, reconstruct, repair, replace, operate, and maintain the water
main under and through the following described premises, hereinafter referred to as:
Easement for Sanitary Sewer and Water Main over, under and through the
Northeasterly 50.00 feet of that part of the Southeast 1/4 of the Northeast 1/4
of Section 28, Township 37 North, Range 11, East of the Third Principal
Meridian, lying Southerly of the Centerline of McCarthy Road in Cook
County, Illinois. z. —as _ .Z-CD Z _cfx)
As shown on a Plat marked Exhibit A attached hereto and made a part
hereof.
IN CONSIDERATION of the grant of the perpetual easement, right, privilege and
authority herein contained, this Easement Grant is subject to the following conditions:
FIRST: The Preambles set forth above are hereby incorporated into and made a
part of this Grant of Easement.
SECOND: Said part of the sewer and water mains shall be constructed by the open
cut method of construction under and through the permanent easement, either of
reinforced concrete pipe or other materials that the VILLAGE Engineer deems advisable,
and in accordance with the specifications and plans approved by the VILLAGE Engineer.
THIRD: The VILLAGE expressly assumes all responsibility for, and shall save and
keep harmless the GRANTOR against any loss, damage, cost or expense, attorneys fees and
litigation costs which they may suffer, incur or sustain, or for which they might become
liable growing out of any injury to or death of person, or loss, or damage to property,
arising out of or caused in the performance of any work done by or under the authority of
the VILLAGE by virtue of the rights granted herein. In the event of the bringing of any
action, suit or suits, against GRANTOR growing out of any such loss, damage, cost or
2
expense, GRANTOR shall give written notice to the VILLAGE of the commencement of
such action, suit or suits, and thereafter the VILLAGE shall be entitled to assume the
defense thereof by employment of skilled legal counsel. The VILLAGE shall save and keep
harmless GRANTOR from any claims for Mechanics' Liens by reason of any construction
work, repairs, replacements, or other work, or for any improvements made or placed upon
or to the easement by or under the authority of the VILLAGE.
The rights and obligations of the GRANTOR and the VILLAGE respectively
hereunder shall inure to the benefit of and be binding upon their respective successors and
assigns, and all terms, conditions, and covenants herein shall be construed as covenants,
running with the land.
FOURTH: After the sewer and water lines have been constructed and placed in
operation:
(a) The GRANTOR may use the surface of said real estate,
(including without limitation, for paving, landscaping, lighting,
and sign fixtures or other similar improvements), it being
understood, however, that such use shall not in any manner
materially interfere with or damage the sewer and water lines
of the VILLAGE, and that the VILLAGE shall have the right
of access to said real estate at all times across the easement
described herein, for the purpose of reconstruction, repair,
maintenance or operation of the sewer and water lines.
(b) The GRANTOR and its successors, assigns, and beneficiaries,
may not construct a building or buildings or other structures
(except as otherwise provided in subparagraph (a) above),
upon said easement. In the event of any conflict between the
terms and provisions of this Easement and the existing Planned
Unit Development Ordinance, adopted by the VILLAGE OF
LEMONT December 22, 1986 as Ordinance No. 545, the
Ordinance shall control.
3
(c) The GRANTOR and its successors, assigns, and beneficiaries,
shall have the right, upon proper application and approval of
a permit, to connect to the sewer and water mains. Such
connection shall be subject to the rules, regulations, laws, and
ordinances of the VILLAGE relating to sewer and water permits
which are now, or may hereinafter be, in force, except that the
GRANTOR shall not be subject to any recapture ordinance or
agreement as it relates to the construction of said sewer and
water mains.
(d) The VILLAGE shall, after the sewer and water mains are
constructed, restore the GRANTOR property substantially to
its original condition.
FIFTH: The term GRANTOR, as provided for in this Easement Grant shall be
deemed to be the American National Bank & Trust Co., as Trustee under Trust Number
103916 -05, dated December 1, 1987, and its beneficiaries, and their respective
representatives, officers, directors, shareholders and employees.
IN WITNESS WHEREOF:
The GRANTOR and the VILLAGE have executed this instrument consisting of 6
pages, including the inserted page known as Exhibit A, and this page, in quintuplicate, and
have hereunto set their hands and seals on the day and date first written above, hereby
releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of
the State of Illinois.
AMERICAN NATIONAL BANK & TRUST CO.,
as Trustee under Trust Number 103916 -05
Dated December 1, 1987.
By:
4
STATE OF ILLINOIS )
) SS:
COUNTY OF COOK )
I, , a Notary Public in and for said County, in
the State aforesaid, do hereby certify that AMERICAN NATIONAL BANK & TRUST CO.,
as Trustee U/T# 103916 -05, By: personally
known to me to be the same persons whose names are subscribed to the foregoing
instrument appeared before me this day in person and acknowledged that they signed,
sealed, and delivered the said instruments as their free and voluntary act for the uses and
purposes therein set forth, including the release and waiver of the right of homestead.
IN WITNESS WHEREOF, I have hereunto set my hand and fixed my Notarial Seal
this day of , 1991.
My commission expires:
5
Notary Public
CONSENT BY VILLAGE
The Village of Lemont hereby accepts the within Grant of Easement and agrees to be
bound by the terms and conditions set forth therein.
CONSENT BY LENDER
The undersigned having a Mortgage, Trust Deed or other security interest hereby consents
to this Grant of Easement.
6
November 12, 1991
The regular meeting of the Lemont Village Board was held on Tuesday,
November 12, at 7:30 p.m., President Joe Forzley presiding. Roll call: Brom-
berek, Buschman, Ercoli, Kwasneski, Margalus, Schobert present.
Motion by Buschman, seconded by Bromberek, to approve the minutes of the
last meeting. Voice vote: 6 yeas. Motion passed.
Motion by Ercoli, seconded by Margalus, to approve the payroll ($61,458.43)
and the bills ($76,216.56). Roll call: Bromberek, Buschman, Ercoli, Kwasneski,
Margalus, Schobert: ayes. Motion passed.
Mayor's Report - Met with IDOT regarding State Street projects. Met with
METRA concerning additional services. Met with Governor Edgar 11/6 on
1) 355 Extension (Senate has passed it); 2) Tax Cap; Clean Air Act (We are
now included with Chicago). Updated Water and Sewer project activity. Men-
tioned Ordinance revising the Fee Schedule. Motion to adopt Proclamation recog-
nizing Joliet Junior College's 90th Anniversary by Kwasneski, seconded by
Schobert. Voice vote: 6 yeas. Motion passed.
Clerk's Report
Voter Registration is open again on 2nd and 4th Mondays of each month in
the Clerk's Office at the Village Hall.
Motion by Buschman, seconded by Bromberek, after a Committee reviewed
the Executive Board Minutes, to retain said minutes as confidential and not open
to the public for review. Voice vote: 6 yeas. Motion passed.
Motion by Buschman, seconded by Margalus, to adopt Ordinance 705 Authori-
zing Execution of Annexation Agreement related to Carriage Ridge Estates. Roll
call: Bromberek, Buschman, Ercoli, Kwasneski, Margalus, Schobert: ayes. Motion
passed.
Motion by Margalus, seconded by Schobert, to adopt Ordinance 706 Annexing
Carriage Ridge Estates. Roll call: Bromberek, Buschman, Ercoli, Kwasneski,
Margalus, Schobert: ayes. Motion passed.
Motion by Margalus, seconded by Kwasneski, to adopt Ordinance 707 Adopting
a revised Fee Schedule for Land Development Hearings. Roll call: Bromberek,
Buschman, Ercoli, Kwasneski, Margalus, Schobert: ayes. Motion passed.
Motion by Buschman, seconded by Bromberek, to adopt Resolution 192
Approving Preliminary Plat of Subdivision for Carriage Ridge Estates. Roll
call: Bromberek, Buschman, Ercoli, Kwasneski, Margalus, Schobert: ayes.
Motion passed.
Motion by Margalus, seconded by Buschman to refer the Annexation Request
at 131st and Bell Road by the Lemont Fire District to the Plan Commission,
and to refer the Rezoning Request at 813 State Street from R4 to B1 in order
to establish a dentist's office to the Plan Commission. Voice vote: 6 yeas.
Motion passed. Fees for the Lemont Fire District will be discussed later.
Motion by Ercoli, seconded by Margalus, to go into a 5 minute recess
while the Canvass Committee conducted a count of the sealed official records
for the 911 Referendum question. Voice vote: 6 yeas. Motion passed.
Recess over and back in regular session, the count was given as 548 for and
204 against the 911 Referendum. The Clerk declared the official results.
Motion by Ercoli, seconded by Schobert, to accept the canvass numbers. Voice
vote: 6 yeas. Motion passed.
Attorney - passed out Grant of Easement for a sanitary sewer and water main
in an undedicated easement area along McCarthy Road. Motion by Ercoli,
seconded by Kwasneski to accept the Grant of Easement in the form presented.
(ref. #193). Roll call: Bromberek, Buschman, Ercoli, Kwasneski, Schobert:
ayes. Margalus absent for the roll call. Motion passed.
Administrator - Seven requests for proposals for outside firm to do a Compre-
hensive Plan. Answers expected in 2 weeks. The State would like to make a
presentation at the next Board meeting concerning State Street projects.
The Community Survey will go out tomorrow. Committee of the Whole will meet
Monday, November 18.
Zoerd 4 Co2,,¢ of SECTION e8- 37- ti
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Easement for Sanitary Sewer and Water Main over, under and through the
Northeasterly 50.00 feet of that part of the Southeast 1/4 of the Northeast
1/4 of Section 28, Township 37 North, Range 11, East of the Third Principal
Meridian, lying Southerly of the Centerline of McCarthy Road in Cook County,
Illinois.
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D. KANDICH'S IQLLCREST ESTATES,, a sub.
of all of that part of the E. 1/2 of the N.E. 1/4
of Sec. 28- 37 -11, N. of the center line of
McCarthy Road. Rec. Apr. 20, 1954. Doc.
15885852.
Copyright 1976
THE SIDWELL COMPANY
copyright 1959
JOE H. SIDWELL
CopyrlgN renewed 1987
by THE BIDWELL COMPANY
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„A„
D. KANDICH'S IQLLCREST ESTATES,, a sub.
of all of that part of the E. 1/2 of the N.E. 1/4
of Sec. 28- 37 -11, N. of the center line of
McCarthy Road. Rec. Apr. 20, 1954. Doc.
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Copyright 1976
THE SIDWELL COMPANY
copyright 1959
JOE H. SIDWELL
CopyrlgN renewed 1987
by THE BIDWELL COMPANY
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SUB. of the W.1 /2 of the N. E. 1/4 of Sec. 28-
37-11 by Mary Ann Kane and Dean Monaghen.
Rec. Oct. 27, 1883. Book 18, Page 61.
Doe. 504045
tee77
OLD DERBY ESTATES, a Resub. of Lots
9 to 16 4 the 5. Ys of vac. Derby Rd. lying
N. 4 adj. 5614 Lots, ell in Sub. of W. Ys- N.E74
(see -A").
Ran. Jon. 31, 1989 Doc. 89048556.
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WOODCREST ESTATES, • Resub. of Lets 24
3, 4 pt. .8 Let I in Sub. of the W.W-N.E. 44
(see "A ").
Rec. April 3, 1989 Dec. 99144525.
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FINAL PLAT OF EMMANUEL BAPTIST SUB,
a Resub. of pt. of Lets 546 in Sub. of WVr.-
N.E. Y4 (see "A").
Rec. Aug. 18, 1989 0.a.89386933.
CACI
Copyright 1990
THE SIDWELL COMPANY
Copyright 1976
THE SIDWELL COMPANY
Copyright 1959
JOE H. SIOWELL
Copyright. renewed 1987
by THE SIDWELL COMPANY
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