R-33-08 06/09/2008RESOLUTION 3 ° Q R-
RESOLUTION ACCEPTING THE
FIRST AMENDMENT TO COG HILL EASEMENT
WHEREAS, the Village of Lemont has received a First Amendment to Cog Hill Easement,
attached hereto as Exhibit A; and
WHEREAS, said First Amendment to Cog Hill Easement allows for the construction of the
sanitary sewer and water main extension necessary to service Camp Sagawau and its
inclusion in the Main Street utility service ara.
NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the
Village of Lemont that the Plat of Easement 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 DuPAGE, ILLINOIS, on this
9th day of June , 2008.
AYES NAYS PASSED ABSENT
Brian Reaves f
Debby Blatzer
Peter Coules
Ron Stapleton
Clifford Milkos
Jeanette Virgilio ,�
CHARLENE SMOLLEN, Village Clerk
Approved by me this 9th day of June , 2008.
Attest:
(24:4C
CHARLENE SMOL EN, Village Clerk
Approved as to form:
Date:
JOHN ANTONOPOULOS, Village Attorney
FIRST AMENDMENT TO SEWER AND WATER EASEMENT AGREEMENT
This First Amendment to the
Sewer and Water Easement
Agreement ("First Amendment ") is
made this day of May, 2008 by
COOK GOLF PROPERTIES, INC.,
of the Village of Lemont, State of
Illinois 60439 (hereinafter referred to
as "Grantor ") and by the VILLAGE
OF LEMONT, a Municipal
Corporation organized and existing
under the laws of the State of Illinois
(hereinafter referred to as the
"Village "), having its principal
office at 418 Main Street, Lemont,
Illinois 60439.
RECITALS
WHEREAS, Grantor and the Village entered into the Sewer and Water Easement
Agreement on December 15, 2006, recorded as document number in the Cook County
Recorder of Deeds Office, State of Illinois (the "Agreement "); and
WHEREAS, in the Agreement the Grantor conveyed to the Village a sanitary sewer and
water main easement ("Sanitary Sewer and Water Main Easement ") over certain real property
owned by the Grantor and legally described in Exhibit B attached hereto;
WHEREAS, Grantor conveyed the Sanitary Sewer and Water Main Easement to the
Village to allow for the provision of sanitary sewer and water services through the Sanitary
Sewer and Water Main Easement for the benefit of only those properties located within that area
of land designated as "Service Area Limits" as depicted in Exhibit A attached hereto (the
"Service Area "): and
WHEREAS, the Agreement provides that the Village shall not extend the sanitary sewer
and water mains serviced by the Sanitary Sewer and Water Main Easement to any areas outside
the Service Area, and shall not permit any properties to tap onto the Village's sanitary sewer and
water trains at any point outside the Service Area; and
WHEREAS, the Agreement provides that the rights and obligations of Grantor and the
Village under the Agreement inure to the benefit of and are binding upon their respective
successors and assigns; and
WHEREAS, the Agreement provides that all terms, covenants, and conditions of the
Agreement shall be construed as covenants running with the land; and
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WHEREAS, the Forest Preserve District of Cook County (the "Forest Preserve) owns
that area of land due east of the Service Area and designated as the "Extended Service Area" as
depicted in Exhibit A attached hereto (the "Extended Service Area "): and
WHEREAS, there currently exists a one -story single family residence, a one -story garage
used for workshop purposes, and a two -story building (also known as the "Dolan House") used
for office purposes (collectively known as the "Existing Improvements ") within the Extended
Service Area; and
WHEREAS, the Forest Preserve desires to construct a new building within the Extended
Service Area to be used for educational, office, commercial, and museum purposes, and which
building shall be designated as the Camp Sagawau Learning Center or the Nature Center (the
"New Improvements "): and
WHEREAS, the Forest Preserve must provide adequate water and sanitary sewerage
services to the Extended Service Area to conduct the operations of the Existing Improvements
and the New Improvements; and
WHEREAS, the Forest Preserve has represented that the current well water supply for the
Extended Service Area is contaminated and not fit for human use or consumption; and
WHEREAS, the Forest Preserve has approached the Village and requested that the
Village provide water and sewer services to the Forest Preserve for the sole purpose of servicing
only the Existing Improvements and the New Improvements within the Extended Service Area;
and
WHEREAS, the Village has approved the Forest Preserve's request to provide water and
sewer services only to the Existing Improvements and New Improvements within the Extended
Service Area and further represented that it shall never annex any portion of the Extended
Service Area or any portion of the Palos Hills Forest Preserve in which the Extended Service
Area is situated; and
WHEREAS, the Forest Preserve has completed plans to extend the Village water and
sewer mains from outside the Service Area to the Extended Service Area; and
WHEREAS, the Village has, as required by the Agreement, requested Grantor's
permission to amend the Agreement to provide sanitary sewer and water services to the Extended
Service Area and Grantor has consented, subject to the terms and conditions of this First
Amendment to the Agreement, to the provision of such services through the Sanitary Sewer and
Water Main Easement to the Extended Service Area for only those uses hereinbefore described
for the Existing Improvements and New Improvements located within the Extended Service
Area.
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NOW, THEREFORE, in consideration of the mutual benefit of the parties, the parties
hereby agree as follows:
1. Incorporation of Recitals. The parties represent that all of the above Recitals are
true in substance and in fact and are incorporated herein as though fully restated.
11. Definitions. For purposes of this First Amendment to the Agreement, the term
"'Grantor- shall include all entities specified in Paragraph Twelfth of the Agreement.
III. Amendment of Exhibit C. Exhibit C of the Agreement is hereby deleted and
replaced with Exhibit A of this First Amendment to the Agreement.
IV. Extended Service Area. Paragraph Tenth of the Agreement is hereby deleted and
replaced with the following:
"The properties that may be serviced and /or benefitted by the sanitary sewer and
water mains placed by the Village in the Sanitary Sewer and Water Easement
Area, now and at all times in the future, shall be limited to the Service Area and
Extended Service Area only and shall only serve the Existing Improvements and
New hnprovements in the Extended Service Area, as depicted in Exhibit A of the
First Amendment to the Agreement. The Village shall not extend the sanitary
sewer and water mains serviced by the Sanitary Sewer and Water Easement Area
to any area outside the Service Area and Extended Service Area, including,
without limitation, all property adjacent to and /or abutting either the Service Area
or Extended Service Area. The Village shall also not permit any properties to tap
onto the Village's sanitary sewer and water mains at any point outside the Service
Area and Extended Service Area."
V. No Future Consent. The Village hereby acknowledges that the Grantor's
consent to this First Amendment of the Agreement shall in no way constitute any future consent
by the Grantor to permit the Village to provide sanitary sewer or water services through the
Sanitary Sewer and Water Main Easement to properties located outside of the Service Area or
Extended Service Area. Any future requested amendments to provide such services to properties
located outside the Service Area or Extended Service Area shall be in Grantor's sole discretion
to approve or reject.
VI. Ratification. Except as modified herein, the Agreement is hereby ratified and
affirmed and shall remain in full force and effect.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS HEREOF, the Grantor and the Village have executed this First
Amendment to the Sewer and Water Easement Agreement, and have hereunto set their hands and
seals on the date 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.
State of Illinois
) SS
County of Cook
Subscribed and sworn to before me
this day of , 2008.
Notary Public
COOK GOLF PROPERTIES, INC.
By:
Frank Jemsek, President
CONSENT BY THE VILLAGE OF LEMONT
The Village of Lemont hereby accepts this First Amendment to the Sewer and Water
Easement Agreement and agrees to be strictly bound by the terms and conditions set forth herein.
Attest
Charlene Smollen, Village Clerk
VILLAGE OF LEMONT
By:
4
John F Piazza, Mayor
EXHIBIT A
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"SERVICE AREA LIMITS"
EXTENDED SERVICE AREA"
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SERVICE AREA MAP OF MAIN STREET WATER MAIN & SANITARY SEWER FORCE MAIN EXTENSION
DATE: 4/15/08 1st AMENDMENT
DATE: 3/8/07 PROJECT NO. 06338
Exhibit A
(Map of Service Area and Extended Service Area)
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Exhibit B
(Legal Description of Grantor's property through the Sanitary Sewer and Water Main
Easement is located)
F'\RTKVEMSEK CORP COG HILL 8 - FIRST AMENDMENT TO SEWER AND WATER EASEMENT AGREEMENT
6
EXHIBIT B
LEGAL DESCRIPTION OF COOK GOLF PROPERTIES, INC.
REFERRED TO IN "SANITARY SEWER AND WATER MAIN EASEMENT" AGREEMENT
BETWEEN COOK GOLF PROPERTIES, INC. AND VILLAGE OP LEMONT
The South 20 feet, and the East 20 feet and the West 20 feet
of the South 33 foot right -of -way of Chicago and Joliet Road (also known as Sag - Lemont
Highway) lying Easterly of a line that is 1100 feet Easterly (as measured along and radial to the
centerline of Chicago and Joliet Road) of the West line of the Southwest 1/4 of Section 14,
Township 38 North, Range 11 East of the Third Principal Meridian, and Westerly of the West fine
of Lot 6 in Charles E. Boyers Subdivision, all in Section 14, Township 37 North, Range 11 East
of the Third Principal Meridian in Cook County, Illinois.