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R-81-03 Accepting A Plat of Dedication For Roadway PurposesVILLAGE OF LEMONT RESOLUTION NO. A RESOLUTION ACCEPTING A PLAT OF DEDICATION FOR ROADWAY PURPOSES (Thornberry Drive) APPROVED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 10TH DAY OF NOVEMBER, 2003 PUBLISHED IN PAMPHLET FORM BY AUTHORITY OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, THIS 10TH DAY OF NOVEMBER, 2003 RESOLUTION NO. -e DATE OF APPROVAL R- f , A RESOLUTION ACCEPTING A PLAT OF DEDICATION FOR ROADWAY PURPOSES (Thornberry Drive) WHEREAS, the Village of Lemont has received a plat of dedication from PDV Midwest Refining LLC, owner of the subject property, Thornberry Drive (Smith Road extended), attached hereto and legally described in Exhibit "A ", which is made a part hereof; and WHEREAS, said dedication will provide necessary right -of -way for part of Thornberry Drive; and WHEREAS, said dedication is consistent with the amended and restated annexation agreement for Briarcliffe Subdivision and plans and specifications for construction of the roadway; and WHEREAS, the plat of dedication creates the possibility of a future "bypass" roadway between 127"' Street and New Avenue that could replace 127th Street between Smith Road and High Road, and in DuPage Township, Will County, as a route to and from New Avenue. NOW, THEREFORE, BE IT RESOLVED by the President, and Board of Trustees that the Plat of Dedication 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 10th day of November, 2003 Debbie Blatzer Peter Coules Brian Reaves Steve Rosendahl Ron Stapleton Jeanette Virgilio AYES NAYS PASSED ABSENT Approved by me this 10th day of November, 2003 Attest: CHARLENE M. SMOLLEN, Village Clerk 41749 za, Village President S:`COMMUNITY DEVELOPMENT DEPARTMENT ONLY- RESTRICTED!Udiaallancauc Dacummu\TlwmberryP4t ofDdicatiw.wpd Prepared by. AAreo Survey Company 11340 Wei. 159th 5+rur OrIN0 Park [tints 6007 50 25 0 25 50 Scale: 1' ' 50• PLAT OF DEDICATION TO THE VILLAGE OF LEMONT FOR ROADWAY PURPOSES 100 Pssse. (104)3.9 7344 7e. (A7.) 349 1174 4. ,.I ts,uwsy tattgl4tW tat THAT PART OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED 45 FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 25, THENCE NORTH 89 DEGREES 26 MINUTES 13 SECONDS WEST, ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 50.00 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 32 SECONDS EAST, ALONG A LINE 50 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST QUARTER, 418.89 FEET; THENCE NORTHWESTERLY, ALONG A CURVED LINE, CONCAVE WESTERLY AND HAVING A RADIUS OF 250.00 FEET, AN ARC DISTANCE OF 130.10; THENCE NORTH 60 DEGREES 30 MINUTES 33 SECONDS EAST, ALONG A LINE RADIAL TO THE LAST DESCRIBED CURVE, 95.77 FEET TO THE EAST LINE OF SAID SOUTHEAST QUARTER; THENCE SOUTH 00 DEGREES 19 MINUTES 32 SECONDS WEST, ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 591.02 FEET TO THE POINT OF BEGINNING, ALL IN WILL COUNTY, ILLINOIS. STATE OF COUNTY OF a_s' o.,,t. Co ni6wu THIS 15 TO CERTIFY THAT PDV MIDWEST REFINING, LLC., IS THE SOLE OWNER OF RECORD OF THE PROPERTY SHOWN AND DESCRIBED ON THIS PLAT OF DEDICATION, AND HAS CAUSED THE SAME TO BE PLATTED, AS INDICATED HEREON, FOR THE USES AND PURPOSES HEREIN SET FORTH, AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE HEREON INDICATED. DATED THIS DAT OF 2003. BY ATTEST: ADDRESS: TITLE. TITLE: STATE OF __ ) N COUNTY OF ____ ) s_,. a r Co... 1, A NOTARY PUBLIC IN AND FOR SAID COUNTY, IN THE STATE AFORESAID, DO HEREBY CERTIFY THAT AND RESPECTIVELY THE o AND OF PDV MIDWEST REFINING, LLC., PERSONALLY KNOWN TO ME TO BE THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT APPEARED BEFORE ME THIS DAY, cn a IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DELIVERED THE SAID .. h INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT FOR THE USES AND c v PURPOSES SET FORTH. R 127th Street Sa: a Soul+ea,t I/4 o,n53 -l00 25 -37-10 Project No 3815 Prepared for: McNoughtln Development, Incorporated \9pl'J6HWrtw,".. - o -waJ • e: GIVEN UNDER MY HAND AND SEAL T1-115 ____ DAY OF 2003. NOTARY PUBLIC MY COMMISSION EXPIRES: STATE OF ILLINOIS ) Le vplav Bca,d C.,hscau COUNTY OF COOK ) ACCEPTED BY ME VILLAGE BOARD OF LEMONT. COOK COUNTY, ILLINO15, THIS __ 007 OF 2003. VILLAGE PRESIOENT ATTEST ........ fSS,�" C% hfQOf ° s (a LAND r) * 10th „„ September 2003_ SURVEYOR , ILUNas PROFESSIONAL LAND 53341 3O0 NC. 2205 nn,t lUC•n a E.pirolw Oele. Novemper 30. 2004) u 1)1,04,3 P,af.s.innal 0.5,gn Firm Na IBA - 00284 Thomas J Ct,al, a stinois P,ale,s L - ,. a_ n that , t plot led from tre public ar - . e pate -, e -t noa•d h• , 471 u and paopos•s s. o^ s< loth, ,ua that this plat, s .uu , s a pone, ry.esntot._. 173.34) �a� • • TEMPORARY CONSTRUCTION EASEMENT STATE OF NEW ILLINOIS ) COUNTY OF WILL KNOW ALL MEN BY THESE PRESENTS: THAT, for and in consideration of the sum of Ten and no /100 Dollars ($10.00) and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, PDV Midwest Refining LLC, a Delaware Limited Liability Corporation, P. O. Box 3758, Tulsa, Oklahoma 74102, hereinafter referred to as "GRANTOR ", does hereby grant without warranty or representation and to the extent GRANTOR may legally do so, unto Briarcliffe Development LLC, a Illinois limited liability Company, 11900 South Highway, Palos Park, IL 60464, hereinafter referred to as "GRANTEE ", a 3 year Temporary Construction Easement (TCE) to become effective upon the date of execution of this agreement for, the purposes of: utility and roadwork construction, storage of machinery and /or materials contiguous and /or related thereto, and the right of ingress and egress to and from the same. The TCE shall traverse real estate situated in Will County, Illinois, , further described by metes and bounds description shown on Exhibit "A" attached hereto and incorporated herein by reference, together with all of the rights and benefits necessary and convenient for the full enjoyment and use of the rights herein granted. GRANTEE covenants and agrees that in exercising the rights granted herein it will comply with all Federal, State, and local laws, rules, regulations, ordinances, and directives. GRANTEE agrees to pay or cause payment to be made for damages to improvements of GRANTOR resulting from the exercise of the rights herein granted. GRANTEE will not unduly interfere with GRANTOR'S use of the Property except to the extent provided herein. Upon completion of any work on the Property, GRANTEE shall restore the surface of the Property to its original condition or near practicable, and shall replace or rebuild to the reasonable satisfaction of GRANTOR, any and all damaged surface and sub - surface improvements. GRANTEE shall repair at its expense or reimburse GRANTOR for the repair of any damage to driveways, sidewalks, curbs and landscaping owned by GRANTOR resulting from the exercise of the rights herein granted. GRANTEE shall defend, indemnify and hold GRANTOR, its parent company and all of their, directors, officers, agents and employees (the "Indemnified parties ") harmless from 1 ZOOM ANHNIdd?I ZNOWEI1 09,LI0 90/17 LEZ OE9 WA EO :9T I&1 EO /tZ /OT • and against all awards, settlements, costs, or expenses (including reasonable attomeys' fees and expert witness costs) resulting from any and all losses, liabilities, damages, detriments, causes of action, administrative proceedings, claims, demands, civil penalties or fines, or charges which the Indemnified Parties may directly suffer, sustain or be subject to for injuries or death to any person (including, but not limited to, economic losses to third parties, GRANTOR and the employees of the parties), any damage to property (including, but not limited to, the environment and natural resources), and violations of any applicable federal, state, or local laws, regulations, or ordinances by reason of or on account of the activity connected with GRANTEE'S use of the TCE, except for injuries, deaths, or damages caused by or resulting from the sole negligence or willful misconduct of GRANTOR. GRANTEE shall be responsible for any environmental contamination caused by, or arising from, the utility and roadwork construction, storage of machinery and /or materials. GRANTEE will clean up or remove any such environmental contamination that may occur in compliance with the then existing laws, rules, and regulations. Further, GRANTEE will defend, indemnify, and hold the indemnified party harmless from any and all claims, liability expenses or costs of every kind and nature relating to the remediation of any environmental contamination arising from the utility and roadwork construction, storage of machinery and /or materials on the TCE by GRANTEE. The TCE is conveyed subject to all existing servitudes, easements, rights of way, leases, or other encumbrances, whether of record or not, on, over, and across the Property and is made without any warranties whatsoever. The rights and obligations granted herein are not exclusive and cannot be assigned in whole or in part by GRANTEE, without the prior written consent of GRANTOR, which approval shall not be unreasonably withheld or delayed, except to an affiliate or subsidiary of GRANTEE on condition that such affiliate or subsidiary has sufficient financial resources to perform the covenants and conditions hereunder applicable to GRANTEE. Any such assignments obtained without such prior consent shall be null and void. Assignment by GRANTEE shall not be effective until the assignee assumes all obligations of GRANTEE under this Agreement in writing and GRANTOR receives a fully executed copy of any such assignment and assumption. Any notice to be given hereunder shall be given by mailing the same by United States registered or certified mail, postage prepaid to the address herein below shown of the party being notified: 2 sOOl j AHHNI.3HH INONi3'T O LI0 85Ib LSZ 0£9 XF.d t0 :9T IH3 £O /IZ /OT GRANTOR: PDV Midwest Refining LLC P.O. Box 3758 Tulsa, Oklahoma 74102 Attention: Real Estate GRANTEE Briarcliffe Development LLC 11900 South Highway Palos Park, Illinois 60464 or to any such other address as the parties may from time to time specify in writing by notice given in the manner provided above. Date of mailing shall constitute date of such notice. IN WITNESS WHEREOF, the parties hereto have hereunto executed this Agreement this v�(e`A' day of eTfrKRfx -- , 2003. GRANTEE: BRIAR LIFFE DEVELOPMENT LLC By: Na Title: ofErz-A-ri /KA- 6)4 (r£,e.— F GRANTOR: PDV MIDWEST REFINING LLC By: 1 l`"4 �/' Name: / loAr. S ; r-4 Title: l,, P/ - 1._r, .v.4 r'u 4.-Cr'/ 3 AN NIAHN LKOW 1 09.LI0 BSbfi LSZ 0£9 I A t0 :9T IHd CO/t /0T ACKNOWLEDGEMENT STATE OF ILLINOIS ) COUNTY OF WILL ) The foregoing instrument was acknowledged before me this i day of 2003, on behalf of PDV Midwest Refining LLC by , as V P/c/1 LJE.Mtrer R&FINE14 on behalf of said Corporation. Given under my hand and seal the day and year last above written. r (tiv I Notary Public My Commis STATE OF .1Ihhthf ) COUNTY OF Ill' 11 ) ion expires. OFFICIAL. SEAL OL S. WITTMANN NOTARY PUBLIC STATE OF IWNOIS MY COMMISSION EXPIRES 8-405 The foregoing instrument was acknowledged before me this 20 day of Cp,fr•i. bee- , 2003, on behalf of Briarcliffe Development LLC by L. Y NE rt r f /K' ko-re , as vP t K,a -r, 6- /It A- ¢- &,e_ - on behalf of said Company. Given under my hand and seal the day and year last above written. of • :> SEAL ICEMMEiliA. SILVERMAN NQ11RY PUBLIC, STATE OF ILLINOIS IWCOMMISSION EXPIRES 11.22.2006 4 At14.dz---4.41,4r Notary Public My Commission expires: 2001 ] H :AIIIMI INOKR1 09.LI0 221717 L2Z 0£9 XH3 170:9T INA £O /17Z /OI Area SArvai Ca MN W10 wort aswp taw PAs.moro N m 0 80 scam i • eft EXHIBIT "A" 100 r r — r 610-0-1"1 �g r 8l 3�I _ woe I 5 • • r 127th Street I UPIIIr,c `•l.o1s 1.2 s M u.. seutM.t 1/4 of Necklets 25 -27 ^:0 rape? No. 3310 Rvpa-A NR M.N6 0•"1- D..aP1D1T,Inco,p.."a' e Now 005)24071114 N.o05)seP00R I.0.e+/.dtrlhirl 1 PLAT OF EASEMENT GRANT FOR TEMPORARY CONSTRUCTION EASEMENT THAT PANT Of 7HE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 37 NORTH, MANSE 10 EAST OF THE 7H1RD PRINCIPAL. MERIDIAN, DESK AS FOLLOWS: COPAMENGLNG AT THE SOUTHEAST CORD OF SAID SOUTHEAST CURTER OF SECTION 20. ?FENCE NORTH S9 DEGREES 26 MINUTES 13 SECONDS WEST. AWNS THE SOUTH LTNE OF sAID sarTHEAST QUARTER. SEGD•NDNG: THENCE NORTH 00 DEGREES MSMRESS 2 SECONDS EAST, ALONG A LDE 00 FEET WEST OF AND PMALLB. WaTN •1# EAST LIEF OF SAID SOUTHEAST QUARTER, 41319 FEET, THENCE NORTHWESTERLY. ALONG A CURVED L. 0ONC•VE WESTERLY AND HAVD41 A RADIUS OF 250AO FEET, AN MC DISTANCE OF I30iQ THENCE: NORTH 60 DEMO 30 MINUTES 33 SECONDS EAST, ALONG A LINE RADIAL TO THE LAST DESCRIBED CURVE. 9077 FEET TO THE EAST LIRE OF MID SOUTHEAST QUARTER: THENCE NORTH 00 DEGREES 19 MD.UIES 32 SECONDS EAST. ALONG THE EAST LDE OF SAID SOUTHEAST QUARTER, 57.63 FEET; THENCE SOUTH 60 DEGREES 30 MINUTES 33 SECONDS WEST 174A3 FEET, THENCE SOUTH 29 DEGREES 29 MINUTES 27 SECONDS EAST MOO FEET. TMEENR SOUTHERLY. ALONG A CURVED UN E. CONCAVE WESTERLY AND HAVING A RADIUS OF 200.00 FEET, AN ARC DLSTANCE OF 804:03; THENCE SOUTH 00 DEGREES 19 MINUTES 32 SECONDS WEST. PARALLEL WITH THE EAST LDIE OF SAID SOUTHEAST QUAMT134 413.63 FEET TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER. THENCE SOUTH 89 DEGREES 26 MINUTES 13 SECONDS EAST, ALONG THE SOUTH LINE 01' SAID SOUTHEAST QUARTER, DOM FEET TO THE POINT Of SEGINNING. ALL mH WEJ. COUNTY, ILLINOIS. 1EOF II4 �1� sESSIO, Ci'�i #6 s£ r -ooa�' y ,. `ft 10406 011arE59GNAl 1JBt0 s1RKY0. 110. 2706 a'•nemr•"a Over E•P••11•• 0.e NwwrM s4 7004) s4ets11 )4 Geer, .1 C.d.) l.aew . One. ON Moe PM..M0nr :.M $....7r. d. M.ly certify Mot 1 haw petted *son M. public moose M. NW.ty Owe one dwe.*.d home W M. ".' 5)M Purse. Me. eel WA. eel Nut t14. pet, .. .udl. Y 0 Weed 1pen.1.11W fend. WWI 5)r _ d•7 .t ,Imytembier. 2008 tt1.M1 P.o+WdWd 0.+0. M. Ns 104- 002610 .,__.._. 900 2] A2 NIdd2I LMOWfl 09LI0 85t'b L2Z 0E9 WA 50:9T I2Id EO /bZ /0T this Agreement. The DEVELOPER shall request acceptance in writing and shall provide the VILLAGE with a bill of sale for the public improvements to be conveyed and a maintenance guarantee in the form of a letter of credit in an amount of ten percent of the original amount of the letter of credit. Said maintenance guarantee shall be available to the VILLAGE for a period of two (2) years after the effective date of acceptance of the public improvements. DEDICATION AND CONSTRUCTION OF STREETS; SIDEWALKS; MISCELLANEOUS 1. Streets. A. Access Road. The proposed Secondary Access Road along the Western Boundary of the proposed Subdivision shall be extended to 127th Street and will be engineered as an emergency access road (without curb) unless the VILLAGE is able to acquire a right -of -way from the adjoining owner to the West, then to be improved as a street according to Village Standards, If the VILLAGE is able to acquire the necessary permissions, the DEVELOPER shall install an intersection approach that aligns centerline to centerline with existing Smith Road. If the VILLAGE obtains the necessary permissions, the DEVELOPER shall be responsible for all improvements north of the intersection of Smith Road and 127th Street. B. Construction Hours. The DEVELOPER shall be responsible for strict observation of the construction hours regulations of the VILLAGE on behalf of all persons and companies engaged in construction activity within the DEVELOPMENT, whether related to the installation of public improvements or dwelling construction. It is agreed that the VILLAGE shall issue stop -work orders, tickets and fines as reasonably necessary to enforce its construction hour's regulations. C. Maintenance. The DEVELOPER shall be responsible for maintenance of the streets, including any damage incidental to the construction of dwellings in the subdivision by other contractors, their subcontractors or suppliers. D. Design and Standards. The design and construction standards for the network of planned streets within the TERRITORY shall be in accordance with final engineering plans as approved by the VILLAGE. E. Debris. DEVELOPER shall be required to keep all streets within and adjoining the TERRITORY free from mud and debris generated by any new construction activity on the TERRITORY. Such streets must be cleaned at least once daily. For each day that the streets are not cleaned as required hereunder during construction, DEVELOPER shall be subject to a fine as provided in Section XX "Violation Penalty" of the Subdivision 11