R-46-08 - Approving Temporary Construction and Permanent Storm Water Easement from St Matthews ChurchRESOLUTION - L( g
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RESOLUTION APPROVING TEMPORARY CONSTRUCTION AND PERMANENT
STORM WATER AND DRAINAGE EASEMENT FROM
ST. MATTHEW EVANGELICAL LUTHERAN CHURCH
WHEREAS, the Village seeks to acquire a temporary construction and permanent storm
water and drainage easement from St. Matthew Evangelical Lutheran Church in conjunction with
the construction of a new Police facility at 14574 127th Street; and
WHEREAS, the Document attached hereto as Exhibit A outlines the terms and conditions
of the Grant of Easement, and additional conditions agreed to by the parties.
NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the
Village of Lemont as follows:
Section 1. That the Village President is hereby authorized to execute the Document attached
hereto on behalf of the Village of Lemont; and
Section 2. That the Easement Agreement with St. Matthew Evangelical Lutheran Church
and the terms and conditions outlined therein are hereby approved.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DU PAGE, ILLINOIS,
on this 14th day of July , 2008.
AYES NAYS PASSED ABSENT
Debby Blatzer
Peter Coules 1/'
Clifford Miklos V'
Brian Reaves
Ronald Stapleton ✓'
Jeanette Virgilio
Attest:
Miff
1/4/diANA
JO F. PIAZ A, Villa e ' ident
CHARLENE SMOLLEN, Village Clerk
This document prepared by and after
recording should be mailed to:
James E. Olguin, Esq.
Goldstine, Skrodzki, Russian,
Nemec and Hoff, Ltd.
835 McClintock Drive, Second Floor
Burr Ridge, Illinois 60527 -0860
(The Above Space For Recorder's Use Only)
TEMPORARY CONSTRUCTION AND
PERMANENT STORM WATER AND DRAINAGE EASEMENT
THIS TEMPORARY CONSTRUCTION AND PERMANENT STORM WATER AND
DRAINAGE EASEMENT (this "Agreement ") is made and entered into this day of July_,
2008, by and between the Village of Lemont, an Illinois municipal corporation (the "Village ")
and St. Matthew Evangelical Lutheran Church of Lemont (the "Grantor").
WITNESSETH:
A. Grantor is the owner of that certain parcel of land located in Cook County, Illinois,
having the PIN of and legally described on Exhibit "A" attached hereto and made a
part hereof (the "Church Property ").
B. The Village is the owner of a contiguous parcel of land legally described on Exhibit
"B" attached hereto and made a part hereof (the "Village Property ").
C. The Village is in the process of development and construction of a Village Police
Station, and has agreed to construct its storm water detention facility to
accommodate the Village storm water detention and the future development of
Grantor's property.
D. The Village further desires an easement over and across a portion of the Church
Property for the purpose of constructing a storm sewer line (the "Sewer Line ") and
Grantor desires to grant to the Village such easement.
E. Grantor desires to grant to the Village, and the Village desires to receive from the
Grantor a Temporary Construction Easement, in, to, on, over, under and through
a portion of the Church Property for the limited purpose of constructing the
detention basin and storm sewer system on Church Property as shown on the
attached Exhibit "C."
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F. •ra-MOT desires to grant to the Village, and the Village desires to receive from the.
Grantor;aPermanent Easement'forthe Storm water system from Village's Property
line AO the proposed storm Water detention basin.
G. Grantor desires tagrant and the Village agrees to accept ownership of the detention
facility after completion, and shall be responsible for the construction and
inairitenenCe of the facility and any required permits.
THEREFOREi in consideration of the foregoing:
Recitals incorporated by Reference. The Recitals to th 16 A9 remnant are
incorporated. herein as if they had been set forth in the text of this Agreement, and
-the agreement and understanding of the parties.
2. Grant of Temporary Construction Grading and Drainage, and Maintenance
Easement. Grantor hereby grants, gives and conveys a temporary; non-exclusive
easement (the 'Temporary Construction Easement) in, on, over, through and
across that portion of Church. Property for the purpose of constructing a storm
sewer piping system and storm water detention system as shown on the Exhibit 6c"'-
After completion of the storm sewer and detention facility, the Village will grade the
Church Property in accordance with engineering plans approved bye* Grantor and
the Village.
3. .•
*antAf.POrtrOnSitVillgte:geSetnelitorambtlIONOYOt01*,000*.404 conveys
a permanent, non-exclusive eaaement (the "Permanent Easement") to the \Map
and its contractors, agents, employees, reprosentatives, successors, transferees,
andastionsleach{such person.tainaettaritat'nereunde4for purposes of the
Permanent Easement), n, 00,Aket.AhrOdOn and across a portion orthe Church
Property forptopcsestfortsINClitOstOrfp sewer an#4rainagelmorovemanst as
shown on the attached Exhibit "0" ("Easement Premises"), and further to ailow
Village tna right to inspect, maintain, repair, replace and tenaW th:gi.stOrM,SeWar
system and allow ingress, egress, and maintenance to permit Village to accomplish
the fOragOrnt 00;40forcaltsvi*Ondaf this Agreement.
4. Conveyance of Detention Paci14: ,Afferconslivetionot the detention facility and
. .
storm sewer amok,: t4-1.44000 shall accept and the Grantor shall convey by
Warranty Deed ownership in the detention facility and-sodntjnpato kfavIna.-gato:idf.
wdatantigolaattiOnto: :oarpatoy. The size andi'lecafton.litility4eteeition facility
shall : 00,,,,SPOstatAallyslrilllartc„4.100,:cotain Plane prepared by
:_044114ktoiwq.: and dated :141-'44.43,. with a last revision
incorporated katain by reference. In the event the detention foot* writ), t ger
used::•bythe Villageifor detentiOn:purposeseAlwGrantor4hall have the Opt but
.s,
tiOtitle:'014§011010 acquire ownership of the detention parcel.
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"ANL ,APPITvorat
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5. Cost Sharing of Detention Facility. The Village will be solely responsible for the
construction of the detention facility and storm,,seWer 'system. The cost of the
detention facilityshall be.ailocated in the following Manner: eighty percent (80%) to
the :Grantor and twenty percent '-(20%) to the Village. The cost of the detention
facility and storm sewer system connecting the fealty shall be included in the
improvement cost to be allocated between the Village and Grantor.
5, WOWS: Payment of Construction .Cost, After completion, of the detention
facility and acceptance by the, Village of LetriOnti the Grantor shall pay its
. .
proportionate share of detention facility and storm sewer system:over a ten (10)
year period.. The total cost of construction shall be divided in ten onyouaii annual'
installments commencing one ,(1). year the date of completion With no interest,
seceptlhatin the event Grantor .sells any portion -of the Church Property, the entire
7,
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batancectemaining shall beduoand'payable.,
Additional Studies. Grantor hereby agrees to fund and for any costs in
_ ,.._. ..., - . _ _
connection With.:drain.tile.•studies or any other studies including Wetland and flood
plain delineation that Grantor may request.
tAA.c.bwr ii--c4itte#1,44
3,., Shared Driveway Access on 1271i, Street. The Village agrees to most uct and
proposed development by the Grantor. The shared access drive s .'.-..:11 be in
maintain A shared access to accommodate the: Village Police Station/and the
Substantial conformance withtheplans and drawings prepared by ' and
4atod,5.44tot , with a last revitibn date of -3.1A1405 and incorporated herein by
reference. ...
Oa% WV ':4-isfrie./4.:j1
:.0.0.004011:00-Withitia plans Preparedtiy, -: . and dated %.,14-0-1, t- withe last
4s.
9: Shared Parking. The Parties ,Ogret):11)-- t as partrof the consideration for entering
into this shall co . tructandmaintainVo:paridng--spaceS-in
revision date of 3:41o...o.6 and incorporated herein by reference. The Village
be .granted a perpetual easement for public use of the shared parking area until
such time as it 04:ionger owns the:viilage- Property. ..
TO. Conveyance of WIlatie Property. The Parties agree that as part of the
consideration for entering into this Agreement, the Ville90'40.411COM/eyWrierShip
that portion of the Village Property located west of the shared driveway access to
orototor.#400..titnaaS the shared driveway construction is completed. Prior to
conveyance,. the Village may create and establish a public utility and otorfapp.
oosomotovetthe,-conveyancesoroperty.,
11. Waiver of Permit Fees. The Parties agree that as part .of the consideration for
this • . _ • ._ /I .4.
entering itito, tho Agreement, the Village shall waive those building permit and
..... , .. _._ _
review}fees-:.that are applicable to the Grantor's contemplated develOmerit of the
.::.; ,{
Church Property. Notwithstanding anything, contained herein to the contrary, the
... herein ..... -
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Village shall not be required to waive its right to reimbursement of professional
review charges or that portion of any permits fees that are allocated to other
governmental entities. In addition, Grantor's right to a waiver of the permit fees is
non - transferable and only applicable in the event the Church Property is developed
for church related uses.
12. Covenants Run with Land. All provisions of the Agreement, including the benefits
and burdens, shall run with the land and are binding upon and inure to the benefit
of all parties having or acquiring any right, title or interest in or to any portion of, or
interest or estate in, the Church Property and the Village Property. The terms
"Village" and "Grantor" as used herein shall be deemed to include any and all
successors, grantees and assigns of the undersigned parties, as well as future
successors, grantees and assignees of any portion or subdivision of the Church
Property or the Village Property, and their respective successors, grantees and
assigns.
13. Indemnification and Release of Claims. Village shall: (a) assume sole and entire
responsibility for any and all Toss of life, injury to persons or damage to property that
may be sustained due to the activities, operations or use of the Church Property by
Village, its agents, employees and contractors, and those claiming by, through or
under Village; and (b) indemnify, defend and hold harmless Grantor, and its
respective officers, directors, employees, agents, contractors and invitees from and
against any and all liability, loss, claims and expenses (including reasonable
attomeys' fees) that are due to activities, operations or use of the Church Property
by the Village.
14. Amendments and Additional Documents. This Agreement contains the entire
agreement between the parties relating to the grant of easements over, under,
through and across the Easement Premises. Upon termination of the Temporary
Construction Easement in accordance with Section 2 thereof; the parties shall
execute and record an acknowledgment of same. The parties further agree to
promptly execute and deliver: (a) such further documents as may be reasonably
requested by the other party in order to more fully effectuate the terms and
provisions of this Agreement; and (b) any modification, amendment, estoppel or
supplement to this Agreement requested by any lender providing financing or
refinancing for the acquisition, construction, maintenance, alteration, restoration or
repair of any improvements made to the Village Property, the Church Property, or
any part thereof, so long as such modifications, releases, amendments, estoppels
or supplements are reasonable and do not materially and adversely affect the
duties, obligations, rights and privileges created hereunder.
15. Notices. All notices and other communications given pursuant to this Agreement
shall be in writing and shall be deemed properly served if delivered on the first day
following delivery to an overnight courier service or on the third day after deposit in
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the U.S. Mail as registered or certified mail, return receipt requested, postage
prepaid, as follows:
Grantor:
With copy to:
The Village:
With copy to:
St. Matthew Evangelical Lutheran
Church of Lemont
305 Lemont Street
Lemont, Illinois 60439
Richard J. Skrodzki, Esq.
Goldstine, Skrodzki, Russian, Nemec and Hoff, Ltd.
835 McClintock Drive, Second Floor
Burr Ridge, Illinois 60527 -0860
Village of Lemont
418 Main Street
Lemont, Illinois 60439
John P. Antonopoulos, Esq.
Antonopoulos & Virtel, P.C.
15419 127th Street, Suite 100
Lemont, Illinois 60439
Addressees and addresses may be changed by the parties by notice given in
accordance with the provisions hereof.
16. Governing Law. This Agreement and the obligation of the parties hereunder shall
be governed by and construed in accordance with the laws of the State of Illinois.
17. Enforcement. If any party hereto shall default in the performance of an obligation
under this Agreement or otherwise breach a provision of this Agreement (such party
being herein called the "Defaulting Party"), the other party (the "Enforcing Party ")
shall be entitled to obtain an order specifically enforcing the performance of that
obligation or any injunction prohibiting that breach. The foregoing shall be in
addition to all other remedies that may be available to the Enforcing Party at law or
in equity. In any action between the parties concerning this Agreement, the
prevailing party shall be reimbursed by the other party on demand for all costs
reasonably incurred by the prevailing party in connection with the action, including,
without limitation, reasonable attorneys' fees, court costs and related costs.
18. Non- waiver. Neither the failure nor delay of either party to enforce any violation of,
nor to insist upon the strict performance of, any obligation under this Agreement,
shall be deemed a waiver by such party of any other future breach. A waiver by
either party of a breach of, or a default in, any of the terms of this Agreement by the
other party shall not be construed to be a waiver of any subsequent breach of or
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default in the same or any other provision of this Agreement. No party's exercise of
any remedy under this Agreement shall be deemed to be an election of remedies
or waiver of any other remedy provided for in this Agreement, or otherwise available
at law or in equity.
19. Severability. If any provision of this Agreement or the application of any provision
to any person or circumstance shall, for any reason and to any extent, be invalid or
unenforceable, the remainder of this Agreement shall remain unaffected and shall
be enforced to the fullest extent permitted by law. In addition to the extent possible,
any such term or provision shall be deemed modified so that the intention of the
parties is maintained to the extent permitted by applicable law.
20. Headings /Exhibits. The Article headings in the Agreement are for convenience
only, and shall in no way define or limit the scope or content of this Agreement, and
shall not be considered in any construction or interpretation of this Agreement or
any part hereof. Any reference to an Exhibit in this Agreement shall be deemed to
incorporate by reference that exhibit into this Agreement such that it is an integral
part of this Agreement.
21. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed to be an original, but all of which together will constitute one and
the same instrument.
22. Authority. Grantor represents and warrants to the Village that it has full power and
authority to execute this Agreement and will obtain the opinion of legal counsel
representing Grantor that will confirm that Grantor has the full power and authority
to execute this Agreement and made such conveyances as required under its
terms.
23. Recording: At the time of execution of this Agreement, certain plans and exhibits
have not been finalized. It is the intention of the parties that these exhibits and
plans shall be completed in a manner consistent with the terms of this Agreement
and in substantial conformance with Wright & Company's "Shared Storm Water
Detention Exhibit" dated May 8, 2008. This agreement shall not be recorded until
such time as the final plans and exhibits are completed and approved by the parties
hereto.
[Signatures Appear on the Following Page]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement and affixed
their seals as of the day and year first above written.
GRANTOR:
St. Matthew Evangelical Lutheran
Churc of Lemont
4 1
By. �i /u�. �� .i. � i i%G,.UtJw` i
Attest:
VILLAGE:
Village of Lemont,
an Illinois m nicip9Lcorporation
By:
Attes
/ /deeTV,‹
Charlene M. Smollen, Village Clerk
STATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY C RTIFY that St. Ma e E an »elical Lutheran Church of Lemont, by
,,,,,1_ _ W, A and r _ , personally known to me to be the same
pers • ns whose names are subscribed to the foregoing instrument appeared before me this
day in person and acknowledged that they signed and delivered the said instrument as
their own free and voluntary act and as the free and voluntary act of said St. Matthew
Evangelical Lutheran Church of Lemont, for the uses and purposes therein set forth.
Given under my hand and Notarial Seal this i4. day of July, 2008.
Nota
STATE OF ILLINOIS )
SS.
COUNTY OF COOK )
Public
R®1 YATES
NOTARY MY COMM SSIIONs�R S OF 8-114012
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY that John F. Piazza, Mayor of the Village of Lemont, and Charlene M.
Smollen, Village Clerk of said Village, personally known to me to be the same persons
whose names are subscribed to the foregoing instrument as such Mayor and Village Clerk,
respectively appeared before me this day in person and acknowledged that they signed
and delivered the said instrument as their own free and voluntary act and as the free and
voluntary act of said Village, for the uses and purposes therein set forth; and the said
Village Clerk then and there acknowledged that she, as custodian of the corporate seal of
said Village, did affix the corporate seal of said Village to said instrument, as her own free
and voluntary act and as the free and voluntary act of said Village, for the uses and
purposes therein set forth.
Given under my hand and Notarial Seal this ‘A day of July, 2008.
_ .1A
Notary Public
366654.5 8
OFFICIAL SEAL
ROSEMAY YATCS
NOTARY PUBLIC, STATE C; tt.LINOIS
PAY COMMISSION EXPIRES 843.2012