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R-11-09 Res Utility Easement Atlantis BanquetRESOLUTION R-1 i— o' RESOLUTION ACCEPTING A PUBLIC UTILITY EASEMENT WHEREAS, the Village of Lemont has received a Public Utility Easement for public utility purposes from the Owners of the Atlantis Banquet Facility property, and WHEREAS, said Public Utility Easement allows for the installation, construction, and maintenance of a sanitary sewer and appurtenances. NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont that the Public Utility Easement attached hereto is 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 23" day of February, 2009. Brian Reaves Debby Blatzer Peter Coules Ron Stapleton Clifford Milkos Jeanette Virgilio AYES NAYS PASSED ABSENT v v e/44.41,--ke-e_ CHARLENE SMOLLEN, Village Clerk Approved by me this 23rd day of February, 2009. Attest: CHARLENE SMOL EN, Village Clerk Approved as to form: Date: JOHN F. P AZZA, Villag - Pre John Antonopoulos, Village Attorney ent 2. Grant of Easement. 6500 College LLC and Atlantis hereby grant to the City of Lemont, a municipal corporation of Illinois, their successors, assigns, invitees, and occupants jointly and severally, a perpetual non - exclusive easement over, upon and across that portion of the 6500 College LLC Property aid the Atlantis Property as delineated within the lines marked as Public Utility Easement marked on Exhibit "C" for the installation, construction, maintenance and free access:to establish, relocate, remove, renew, replace, operate, inspect, repair and maintain water mains, valves, water service facilities, pipes, manholes and sewer connections and various utility transmission systems and facilities used in connection withhe underground transmission and distribution of water , and such other facilities and appurtenances as may be necessary or convenient for the transport of fresh water across the 6500 College LLC Property and the Atlantis Property from the n' a: est facility for such transmission in, on, upon, over, through, across and under 11 of the real estate hereon described as the Easement (as delineated on Exhibit "C" to this Agreement). Said Easement being delineated by the solid lines and designatichs of width along the front (south) of the 6500 College LLC Property and the Atlantis ;'r)perty, together with the right to install, repair, replace and maintain required service connections over or under the surface of the 6500 College LLC Property and tli Atlantis Property the right to cut down, trim or remove any trees, shrubs, bushes (pi other plants or roots as may be reasonably required incident to the rights herein gi1: r� and the right to enter upon the 6500 College LLC Property and the Atlantis Prop4y within the lines marked as "Public Utility Easement" on Exhibit "C" widhc f prior written consent of 6500 College LLC or Atlantis Property after the installatio ' c r any such facilities. The grade, general shape and use of the 6500 College LLC_ ; operty and the Atlantis Property shall not be altered in a manner so as to :interfere wilikthe proper operation and maintenance thereof. Any damages a direct consequent :e of Atlantis, its successors, assigns, invitees and occupants asserting its rigts set forth above shall be repaired by Atlantis. Such maintenance, repair, replacemeij cr construction shall be solely the expense of the City of Lemont. 3. Use of Easement and Facilities. a. The Village of Lemont shall be responsible for : tie maintenance, repair and improvement of the facilities constructed fly- water main service upon completion of all construction work and accept ° ice of work by Village inspectors. This responsibility shall be limited ..hat portion of said facilities installed for the creation of water serve to the Atlantis Property and the subject of this Easement. 4. Easement Runs with the Land. The Easel: ;eat granted herein shall run with the land and inure to the benefit of and be binding ui.on the parties hereto, their heirs, successors, assigns, legatees and successors- in -laie, having or acquiring any right, title, interest in any party of either the Atlantis Property or the 6500 College LLC Property. 5. Miscellaneous. a. This Agreement shall be governed by the laws cf to State of Illinois. b. The invalidity of any section of this Agreement abaft not affect the rest of the Agreement.