R-76-05 Approving Grant of Right Way Easement West Shore Pipeline P.I.N. 22-28-301-011RESOLUTION R- 7!0'0.5
RESOLUTION APPROVING GRANT OF RIGHT OF WAY EASEMENT
TO WEST SHORE PIPELINE
P.I.N. 22 -28- 301 -011
WHEREAS, the Village of Lemont seeks to grant a 20' Right of Way Easement to West
Shore Pipeline for relocation of utilities in Covington Knolls Subdivision, Unit 6 B.
WHEREAS, the Right of Way and Servitude Agreement attached hereto as Exhibit A
outlines the terms and conditions of the grant of right of way 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 Grant of Right of
Way and Servitude Agreement attached hereto on behalf of the Village of Lemont in conjunction
with the relocation of the pipeline in Covington Knolls Subdivision, Unit 6 B.
Section 2. That the Grant of Right of Way and Servitude Agreement with West Shore
Pipeline 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 24th day of October , 2005.
Debby Blatzer
Peter Coules
Clifford Miklos
Brian Reaves
Ronald Stapleton
Jeanette Virgilio
Attest:
AYES NAYS PASSED ABSENT
li
HARLENE SMOLLEN, Village Clerk
RIGHT -OF -WAY AND SERVITUDE AGREEMENT
For Ten Dollars ($10) and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, THE VILLAGE OF LEMONT, a village in
Cook County, Illinois, whose address is 418 Main/Lemont, Illinois 60439 (hereinafter called
"Grantor') and WEST SHORRPIPE LINE COMPANY, a Delaware corporation whose
mailing address is P. O. Box 3758, Tulsa, Oklahoma 74102 (hereinafter called "Grantee ")
hereby agree to be legally bound by the following terms and conditions.
1. Grantor grants, bargains, sells, and conveys to Grantee a right -of -way, easement,
and servitude twenty feet (20') in width for a pipeline over, through, and across the following
described lands situated in the County of Cook, State of Illinois as depicted on Exhibit A
attached hereto and make a part hereof.
2. Grantee shall have the right and privilege to locate, construct, lay, install, operate,
inspect, maintain, repair, change the size of, replace, patrol and/or remove, in whole
or in part, a pipeline for the transportation of hydrocarbons together with any valves,
manifolds, fittings, cathodic protection equipment, line markers, and other
appurtenances thereto whether above or below the surface of the ground which are
necessary for the operation and maintenance of the pipeline or for compliance with
applicable regulations and further together with the right of unimpaired ingress and
egress thereto and reasonable work space.
3. Grantee shall have and hold said right -of -way and easement forever.
4. Upon conclusion of any construction, repair, or removal, Grantee shall restore the
surface of the right -of -way, easement, and servitude to approximately the same
contour and vegetation ground cover as existed before such work began.
Thereafter except for the restoration of the contour and vegetation ground cover and
damages to crops, Grantee shall not be liable to Grantor for damages to trees,
shrubs, buildings, structures, fences, and fixtures located on or in the right -of -way,
easement, and servitude. Without the payment of additional compensation to
Grantor, Grantee has the right to trim, cut, fell or remove any trees, shrubs,
underbrush, obstructions, obstacles, or structures within the limits of the right -of -way
and easement, subject to existing roadways, pipelines, and utilities and except for
vegetation ground cover.
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5. Grantor, its agents, or contractors, shall not build any structures on (e.g., portable
buildings or in- or above -ground swimming pools), construct man -made surfaces (e.g.,
patios) or place bodies of water upon, excavate or locate utilities within, change the grade
of, or use the right -of -way, easement, and servitude or any part thereof in any way which
will or may interfere with the Grantee's immediate and/or unimpeded access to or operation
of the pipeline and/or facilities located therein or otherwise interfere with Grantee's lawful
exercise of any of the rights herein granted or confirmed without first having obtained
Grantee's approval in writing.
6. Grantor, its agents or contractors shall give Grantee not less than forty-eight (48)
hours' notice prior to any proposed excavating, grading, or construction over or near
Grantee's pipeline facilities and/or right -of -way, easement, and servitude.
7 Grantor shall promptly report to Grantee all accidents to the pipeline.
8. Grantor shall have the right to enjoy and use said lands as heretofore used in any
way that does not interfere with Grantee's use of the right -of -way, easement, and
servitude for the purposes aforesaid mentioned.
9. Grantor represents and generally warrants that Grantor has title in fee simple
absolute to the land subject to this right of way, easement, and servitude. Further, Grantor
represents and generally warrants that the right-of- -way, easement, and servitude herein
granted, bargained, sold and conveyed to Grantee is free and clear of all other easements,
liens, leases, or encumbrances of any kind whatsoever. If the right-of -way, easement, and
servitude is in any way interfered with or affected by any such other easements, liens,
leases or encumbrances, Grantor shall indemnify Grantee for all damages suffered by
Grantee as a result thereof, which damages shall include, but shall not be limited to, all
legal costs and costs of relocation or removal of Grantee's pipelines and /or facilities or of
any increase in the costs of exercising any of the rights herein granted.
10. This Right-of-Way and Servitude Agreement is binding and shall inure to the
successors or heirs of Grantor or Grantee. It may be assigned in whole or part by Grantee.
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Executed and attested, if a corporation, or witnessed by their respective authorized
representatives on this t'1141 ( ) day of x r , 2005.
Grantor:
VILLAGE OF LEMONT
ohn Piazza, Village °r»sident
GRANTEE:
WEST SHORE PIPE LINE COMPANY
Na y Andrews
Title: President
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STATE OF ILLINOIS
ss
COUNTY OFCOOK
ON this 2'' A, day of 2005, before me the subscriber, a
Notary Public in and for said County, appeared John Piazza, to me personally known, who
being by me duly sworn did say that he is the President of The Village of Lemont, that said
instrument was signed in behalf of said Vil age of Lemont and acknowledged the execution of
the said instrument to be the free act and deed of said Village of Lemont.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Cr
My Commission expires on ` -t3
STATE OF LLINOIS
COUNTY OFCOOKE
ss
OFFICIAL SEAL.
ROSEMAY YATES
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 8. 13.2008
ON this , day of (/(?Z. 2005 before me the subscriber, a
Notary Public in and for said County, appeared Jay Andrews, who being by me duly swom did
say that he is the President of WEST SHORE PIPE LINE COMPANY, a corporation, and that
said instrument was signed and sealed in behalf of said corporation by authority of its Board of
Directors and acknowledged the execution of the said instrument to be the free act and deed
of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
i ut � o(• �la�c8x.`J
My Commission expires on %rx il(-7 9
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OFFICIAL SEAL
MARIA L MANONI
NOTARY PUBLIC • STATE OF ILLINOIS
MY COMMISSION EXPIRES:OWI29109
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