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R-45-08 Resolution Approving Easement Agreement with Township for Access to Open SpaceRESOLUTION RESOLUTION APPROVING EASEMENT AGREEMENT BETWEEN VILLAGE OF LEMONT AND LEMONT TOWNSHIP FOR ACCESS TO OPEN SPACE PARCELS WHEREAS, the Village of Lemont seeks to grant a perpetual Easement to Lemont Township for access to Open Space Parcels for the benefit of the Grantee and the public users of the Open Space parcels; and WHEREAS, the Agreement attached hereto as Exhibit A outlines the terms and conditions of the grant of easement. 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 Agreement attached hereto on behalf of the Village of Lemont; and Section 2. That the Easement Agreement with Lemont Township attached hereto as Exhibit A is 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. Debby Blatzer Peter Coules Clifford Miklos Brian Reaves Ronald Stapleton Jeanette Virgilio AYES NAYS PASSED ABSENT v (P v V JOHN . PIAZZA, Vill CHARLENE SMOLLEN, Village Clerk This Document Prepared By and After Recording Return To: M. Neal Smith Robbins, Schwartz, Nicholas, Lifton & Taylor, Ltd. 179 N. Chicago Street Joliet, IL 60432 PINS: 22 -21- 200 - 048 -0000 through 22 -21- 200 - 075 -0000 and 22 -21- 200 - 005 -0000 22 -21- 200 - 006 -0000 This space reserved for Recorder's use only EASEMENT AGREEMENT This EASEMENT AGREEMENT (hereinafter the "Agreement ") is made as of June , 2008, by and between the VILLAGE OF LEMONT, an Illinois municipal corporation ( "Grantor "), and LEMONT TOWNSHIP, an Illinois Township ( "Grantee "). RECITALS: A. Grantor holds fee simple title to a certain portion of the Illinois & Michigan Canal, which parcel of land has PIN No. 22 -21- 200 - 044 -0000, and is legally described on Exhibit A attached hereto and incorporated herein by this reference (hereinafter the "Easement Parcel "). B. Grantee holds fee simple title to certain parcels of property which are adjacent to the northern and southern boundaries of the Easement Parcel, and which are legally described on Exhibit B, attached hereto and incorporated herein by this Reference (hereinafter the "Open Space Parcels "). C. Grantee has acquired the Open Space Parcels in order to preserve the Open Space Parcels as open land and for the recreational use of the public, and Grantor and Grantee seek to facilitate the use of the Open Space Parcels for open space and recreational purposes by entering into this Agreement NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: ARTICLE I EASEMENT GRANTS 1.1 Access Easement. Grantor hereby grants, gives and conveys to Grantee, and its successors and assigns, as an easement appurtenant to the Open Space Parcels, for the benefit of the Grantee and the public users of the Open Space Parcels, a perpetual easement for the purpose of pedestrian and non - motorized vehicle ingress and egress over, upon and across the Easement Parcel to and from the northerly portion of the Open Space Parcels to the southerly portion of the Open Space Parcels. This Agreement includes access over, upon and across the existing footbridge on the Easement Parcel that extends over the Illinois and Michigan Canal. ARTICLE II INDEMNITY 2.1 Indemnity. To the fullest extent permitted by law, each party hereunder ( "Indemnitor ") covenants and agrees to defend, protect, indemnify and hold harmless the other party hereto and such other party's members, officer, directors, shareholders, partners, owners, beneficiaries, members, trustees and their respective legal representatives, successors and assigns (collectively, "Indemnitee ") from and against all claims, including any actions or 'proceedings brought thereon, and all costs, losses, damages, expenses and liabilities (including, without limitation, reasonable attorneys' fees and costs of suit) incurred by any Indemnitee and arising out of or from (a) the negligent or willful acts or omissions of such Indemnitor or (b) the breach by said Indemnitor of its obligations under this Agreement, in either case to the extent resulting in the injury to or death of any person or damage to the property of any person. ARTICLE III NOTICES Any notice, request, demand, instruction or other document to be given or served hereunder, or under any document or instrument executed pursuant hereto, shall be in writing and shall be delivered personally or sent by United States registered or certified mail, return receipt requested, or by overnight express courier, postage prepaid and addressed to the parties at their respective addresses set forth below, and the same shall be effective upon receipt (or refusal of delivery) if delivered personally, or three (3) business days after posting in the United States mails, if mailed, or one (1) business day after deposit with an overnight courier service. A party may change its address for receipt of notices by service of a notice of such change in accordance herewith. If to Grantor: 2 Village of Lemont 418 Main Street Lemont, IL 60439 Attn: Village Manager With a copy to: If to Grantee: With a copy to: John Antonopoulos Antonopoulos & Virtel, P.C. 15419 127th Street, Suite 100 Lemont, IL 60439 Phone: (630) 257 -5816 Fax: (630) 257 -8619 Lemont Township Attention: Nancy Hoinacki Lemont Township 1115 Warner Avenue Lemont, IL 60439 Phone: (630) 257 -2522 Fax: (630) 257-1219 Robbins, Schwartz Nicholas, Lifton & Taylor, Ltd. Attention: Neal Smith 179 N. Chicago Street Joliet, Illinois 60432 Phone: (815) 722 -6560 Fax: (815) 722-0450 ARTICLE IV MISCELLANEOUS 4.1 Covenants Running With the Land. All provisions of this Agreement, including the benefits and burdens set forth herein, shall run with the land and are binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 4.2 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute one completed document. 4.3 Severability. Invalidation of any provisions contained in this Agreement or of the application thereof to any person by judgment or court order shall in no way affect any of the other provisions hereof or the application thereof to any other person and the same shall remain in full force and effect. 4.4 Additional Documents. Grantor and Grantee agree to promptly execute and deliver all documents reasonably deemed necessary by either party to more fully evidence or effectuate the terms of this Agreement. 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. GRANTOR: VILLAGE OF LEMONT, an Illinois municipal corporation GRANTEE: LEMONT TOWNSHIP, an Illinois Township By: Name: Its: 4 EXHIBIT A EXHIBIT B PARCEL 1: ALL THAT PART OF THE NORTHEAST 1/4 OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTHERLY OF THE NORTHERLY LINE OF THE NORTHERLY 90 FOOT RESERVE STRIP OF THE ILLINOIS AND MICHIGAN CANAL AND SOUTHERLY OF A LINE DRAWN PARALLEL WITH AND 400 FEET NORTHERLY OF THE SAID NORTHERLY LINE OF THE NORTHERLY 90 FOOT RESERVE STRIP OF THE ILLINOIS AND MICHIGAN CANAL, ALL IN COOK COUNTY, ILLINOIS. PARCEL 2: EASEMENTS FOR INGRESS AND EGRESS AS FOR THE BENEFIT OF PARCEL 1 ACROSS A 90 FOOT RESERVE STRIP OF THE ILLINOIS AND MICHIGAN CANAL AS DISCLOSED BY ORDER DATED AUGUST 29, 1997 IN CIRCUIT COURT OF COOK COUNTY, CASE NUMBER 92 -CH -4991. AND THE PART OF THE NORTHEAST % OF SECTION 21, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTHERLY OF THE RIGHT -OF -WAY OF THE CHICAGO AND ALTON RAILROAD COMPANY THROUGH SAID NORTHEAST %; LYING NORTHERLY OF THE NORTHERLY LINE LANDS, AS DESCRIBED IN DOCUMENT No. 1875821 IN BOOK 4339, PAGE 170; LYING SOUTHERLY OF THE SOUTHERLY LINE OF THE SOUTHMOST 90 -FOOT RESERVE OF THE ILLINOIS AND MICHIGAN CANAL, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PROPERTY LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE EAST LINE OF THE NORTHEAST % OF SAID SECTION 21 AND THE NORTHERLY RIGHT -OF -WAY LINE OF SAID CHICAGO AND ALTON RAILROAD COMPANY; THENCE SOUTH 65 DEGREES 10 MINUTES 04 SECONDS WEST ALONG SAID NORTHERLY RIGHT -OF -WAY LINE OF CHICAGO AND ALTON RAILROAD 1130.00 FEET TO THE POINT OF BEGINNING OF SAID LINE; THENCE NORTH 12 DEGREES 51 MINUTES 21 SECONDS WEST 190.00 FEET; THENCE NORTH 33 DEGREES 38 MINUTES 13 SECONDS EAST 53.00 FEET; THENCE NORTH 16 DEGREES 01 MINUTES 08 SECONDS WEST 105.00 FEET; THENCE NORTH 41 DEGREES 28 MINUTES 15 SECONDS WEST 143.66 FEET TO THE SOUTHERLY LINE OF THE SOUTHMOST 90 -FOOT RESERVE OF THE ILLINOIS AND MICHIGAN CANAL AND THERE TERMINATING, ALL IN COOK COUNTY, ILLINOIS. 6 PEDESTRIAN EASEMENT LEGAL DESCRIPTION AN EASEMENT 20 FEET IN WIDTH FOR PUBLIC INGRESS, EGRESS, REGRESS CENTERED ON THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF AFORESAID PARCEL 1, THENCE N 34 °34'34" E 832.0 FEET ALONG THE SOUTHERN BOUNDARY LINE OF SAID PARCEL 1 TO THE POINT OF BEGINNING; THENCE S 24 °46'33" E 176.0 FEET; THENCE S 68 °26'28" W 100.0 FEET; THENCE S 19 °44'59" W 100 FEET TO A POINT OF TERMINUS FALLING ON THE NORTH LINE OF AFORESAID PARCEL 3.