R-75-98 Approving a temporary construction and permanent utility easement agreement (Tiedt Property)ITEM V . C . 8 .
RESOLUTION NO.
DATE OF APPROVAL 7--,27—V
RESOLUTION APPROVING A TEMPORARY CONSTRUCTION AND
PERMANENT UTILITY EASEMENT AGREEMENT
(Tiedt Property)
WHEREAS, the Village of Lemont has received a Temporary Construction and Permanent
Utility Easement Agreement, attached as Exhibit "A ", for property known as "Tiedt Property" in
Lemont, Illinois which is legally described in Exhibit `B" attached; and
WHEREAS, said Temporary thirty (50) foot wide Construction Easement will permit the
construction of a sanitary sewer line; and
WHEREAS, said permanent Utility Easement Agreement will be granted to the Village of
Lemont following the final inspection and approval of the utility lines.
WHEREAS, the Village of Lemont shall have the right of access across the premises for the
purpose of inspection and maintaining said easements.
NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the
Village of Lemont that the Easement Agreement attached hereto be 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
27th day of July 1998.
Barbara Buschman
Keith Latz
Connie Markiewicz
Rick Rimbo
Ralph Schobert
Mary Studebaker
AYES NAYS PASSED ABSENT
"FP Aell //iJ .
NE M. SMOLL , " illage Clerk
Approved by me this 27th day of Jul
Att
id
CHARD /.. KWASNESKI, Village President
(i1IiI/i.
ENE M. SMOLLE , Village Clerk
Prepared by the Planning Department
Village of Lemont
418 Main Street
Lemont, Illinois 60439
EXHIBIT B
PARCEL 5:
THAT PART OF THE WEST HALF OF THE NORTHWEST FRACTIONAL QUARTER OF
SECTION 30, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, LYING SOUTH OF THE CHICAGO AND ALTON RAILROAD COMPANY
RIGHT OF WAY, DESCRIBED AS FOLLOWS: BEGINNING ON THE EAST LINE OF THE
WEST HALF OF SAID NORTHWEST QUARTER A DISTANCE OF 428.9 FEET SOUTH OF
THE SOUTH RIGHT OF WAY LINE OF NEW AVENUE AS MEASURED ALONG SAID EAST
LINE THENCE SOUTH 0 DEGREES 10 MINUTES 40 SECONDS EAST 479.13 FEET;
THENCE SOUTH 89 DEGREES 56 MINUTES 10 SECONDS WEST 645.9 FEET; THENCE
NORTH 0 DEGREES 13 MINUTES 42 SECONDS WEST 29.37 FEET; THENCE NORTH 13
DEGREES 12 MINUTES 36 SECONDS WEST 37.59 FEET; THENCE NORTH 89 DEGREES
56 MINUTES 10 SECONDS EAST 215.9 FEET; THENCE NORTH 0 DEGREES 10 MINUTES
40 SECONDS WEST 161.83 FEET; THENCE NORTH 60 DEGREES 05 MINUTES 01
SECONDS EAST 504.89 FEET TO THE PLACE OF BEGINNING, ALL IN COOK COUNTY,
ILLINOIS.
PARCEL 4:
THAT PART OF THE WEST HALF OF THE NORTHWEST FRACTIONAL QUARTER OF
SECTION 30, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, LYING SOUTH OF THE CHICAGO AND ALTON RAILROAD COMPANY
RIGHT OF WAY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF
THE EAST LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER AND THE
NORTH LINE OF THE SOUTH 177.93 FEET OF THE WEST HALF OF SAID QUARTER;
THENCE SOUTH 89 DEGREES 56 MINUTES 10 SECONDS WEST 645.46 FEET SAID
NORTH LINE; THENCE NORTH 0 DEGREES 13 MINUTES 42 SECONDS WEST ALONG A
LIKE PARALLEL TO THE WEST LIKE OF THE WEST HALF OF SAID QUARTER; THENCE
NORTH 89 DEGREES 56 MINUTES 10 SECONDS EAST 645.79 FEET TO THE EAST LINE
OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE SOUTH 0 DEGREES 10
MINUTES 40 SECONDS EAST 371.30 FEET ALONG THE LAST SAID EAST LIKE TO AC OF
BEGINNING, ALL IN COOK COUNTY, ILLINOIS.
TEMPORARY CONSTRUCTION
AND PERMANENT UTILITY EASEMENT AGREEMENT
THIS AGREEMENT. made and entered into this 4TH day of MAY
:F NATIONAL BANK ILLINOIS, SUCCESSOR TRUSTEE BY MERGER TO
1998 by and between the *Bank of Chicago not personally but solely as trustee under Trust
* * /GARFIELIS RIDGE
Agreement dated February 27, 1992, and known as Trust no. 92 -2 -5 (hereinafter individually
"TRUST "), and the VILLAGE OF LEMONT, ILLINOIS, a municipal corporation (hereinafter
individually "VILLAGE ") (and both collectively hereinafter referred to as "GRANTEE ") and
Edgewood Bank as Trustee under Agreement dated 12/12/84 and known as Trust #231, (hereinafter
referred to as "GRANTOR ").
WITNESSETH:
1. The GRANTOR warrants that it is the legal title holder to the real estate which is
legally described as follows, to -wit:
Parcel 5 described as follows:
THAT PART OF THE WEST HALF OF THE NORTHWEST
FRACTIONAL QUARTER OF SECTION 30, TOWNSHIP 37 NORTH,
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING
SOUTH OF THE CHICAGO AND ALTON RAILROAD COMPANY
RIGHT OF WAY, DESCRIBED AS FOLLOWS: BEGINNING ON THE
EAST LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER
A DISTANCE OF 428.9 FEET SOUTH OF THE SOUTH RIGHT OF WAY
LINE OF NEW AVENUE AS MEASURED ALONG SAID EAST LINE;
THENCE SOUTH 0 DEGREES 10 MINUTES 40 SECONDS EAST 479.13
FEET; THENCE SOUTH 89 DEGREES 56 MINUTES 10 SECONDS WEST
645.79 FEET; THENCE NORTH 0 DEGREES 13 MINUTES 42 SECONDS
WEST 29.37 FEET; THENCE NORTH 13 DEGREES 12 MINUTES 36
SECONDS WEST 37.59 FEET; THENCE NORTH 89 DEGREES 56
MINUTES 10 SECONDS EAST 215.9 FEET; THENCE NORTH 0
DEGREES 10 MINUTES 40 SECONDS WEST 161.83 FEET: THENCE
NORTH 60 DEGREES 05 MINUTES 01 SECONDS EAST 504.89 FEET
TO THE PLACE OF BEG G. ALL IN COOK COLT,TY. ILLItiOIS.
and
Parcel 4 described as follows:
THAT PART OF THE WEST HALF OF THE NORTHWEST
FRACTIONAL QUARTER OF SECTION 30, TOWNSHIP 37 NORTH,
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING
SOUTH OF THE CHICAGO AND ALTON RAILROAD COMPANY
RIGHT OF WAY, DESCRIBED AS FOLLOW: BEGINNING AT THE
INTERSECTION OF THE EAST LINE OF THE WEST HALF OF SAID
NORTHWEST QUARTER AND THE NORTH LINE OF THE SOUTH
177.93 FEET OF THE WEST HALF OF SAID QUARTER; THENCE
SOUTH 89 DEGREES 56 MINUTES 10 SECONDS WEST 645.46 FEET
SAID NORTH LINE; THENCE NORTH 0 DEGREES 13 MINUTES 42
SECONDS WEST ALONG A LIKE PARALLEL TO THE WEST LIKE OF
THE WEST HALF OF SAID QUARTER; THENCE NORTH 89 DEGREES
56 MINUTES 10 SECONDS EAST 645.79 FEET TO THE EAST LINE OF
THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE SOUTH
0 DEGREES 10 MINUTES 40 SECONDS EAST 371.30 FEET ALONG
THE LAST SAID EAST LIKE TO AC OF BEGINNING, ALL IN COOK
COUNTY, ILLINOIS.
2. The GRANTEE is constructing and/or causing to be constructed a sewer line which
will cross the GRANTOR'S real estate to serve the TRUST'S real estate located on the northeast
corner of 127th Street and Smith Road in Cook County, Illinois, and which line shall also become
part of the VILLAGE's municipal sewer system and serve other real estate in the area.
3. The GRANTOR hereby grants and conveys to the GRANTEE a temporary
construction easement fifty (50) feet wide and approximately two hundred feet south along the
eastern property line across GRANTOR'S real estate to the base of the cliff and westerly along the
base of the cliff approximately 360 feet then southerly to the property adjoining to the south which
will permit the construction of the sanitary sewer line as described below and further grants
GRANTEE a permanent utility easement of twenty (20) feet of said temporary easement. The
2
location of the temporary and permanent easements is more specifically shown on the drawing
attached hereto as Exhibit A.
The location and construction of the lines and necessary restoration of the lines is shown on
those Plans prepared by Eddy Engineering Company, dated June 27, 1996, revised to
, 1997, for Job No. 92 -0404. The exact easement legal description shall
be determined by a licensed surveyor after construction of the sewer line, the permanent easement
shall be shown on a Plat of easement, signed by the OWNER and duly recorded with the Cook
County Recorder.
Further, the permanent easement will provide that in the event the VILLAGE must repair said
line on GRANTOR's parcels that the VILLAGE shall have reasonable access to the utility easement
on a temporary for repair purposes, the VILLAGE will have a temporary repair easement work area
of an additional fifteen feet on each side of the line at the point of a repair (thirty foot wide area) for
a reasonable distance along the line to accommodate the repair equipment, and the VILLAGE is
obligated to reasonably restore both the repair area and access route to the repair area following
repair of said line.
4. The GRANTOR and GRANTEE agrees that the legal description determined after
construction for the permanent utility easement shall be contained on a plat of easement the
GRANTOR agrees to execute and to record as an amendment to this easement agreement subsequent
to the construction of said sewer line.
5. The sewer line shall provide public sewer service to GRANTOR'S parcel, the
TRUST'S parcel and other parcels in the area, and the easement is necessary to establish contiguity
of sewer easements from the current public sewer system to TRUST'S Parcel.
3
6. The GRANTEE has approval from the Village of Lemont, Illinois, and applicable
governing authorities to construct said sanitary sewer line in accordance with plans and
specifications prepared by Don Eddy Company, Professional Engineer of Lemont, Illinois.
7. The GRANTEE or his authorized agent shall give the GRANTOR at least twenty -four
(24) hours notice prior to the commencement of any construction activities on said easement. The
GRANTEE shall promptly backfill any trenches made by it on the easement and reasonably repair
any damages and/or reasonably compensate for any damage to GRANTOR'S property, which
damage shall not exceed TWO HUNDRED AND NO /100 ($200.00), per each of the three parcels
herein, if any.
8. To the extent reasonably possible, GRANTEE shall make reasonable efforts to avoid
damaging any trees in or near the easement area.
9. TRUST, not personally as Trustee but through insurance obtained prior to
construction, shall indemnify and hold harmless against any loss and damage which shall be caused
by the exercise of rights of ingress, egress or by any wrongful or negligent act or omission of its
agents or employees in the course of construction. A copy of the certificate of insurance will be made
available prior to construction.
Further this indemnification is separate from the one provided in paragraph 7 above.
10. GRANTEE shall be responsible for contacting J.U.L.I.E. and obtaining all necessary
governmental permits for the construction of said sewer line.
11. For and in consideration of the granting of this easement, VILLAGE hereby agrees
to the obligations set forth in letter dated February 11, 1998, from Norman Tiedt to the VILLAGE,
and GRANTOR acknowledges the receipt and sufficiency of said consideration.
4
12. GRANTEE agrees to pay TWO HUNDRED FIFTY AND NO /100 DOLLARS
($250.00) per each of the three parcels involved herein to GRANTOR for its legal fees in this matter.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in
their respective names by their respective officers as applicable as of the date and year first written
AmericafftYo?ta( Bank and Trust Company of Chicago
$UCCF EI3 Twc oim,
not VILLAGE OF LEMONT, ILLINOIS,
personally but solely as Trustee
under Trust Agreement dated
12/12/84 and known as
TRUST #231
BY
a
Tru stCdc.
a municipal corporation
BY
,f illage ' -sident
Attestation not required ty Amen r ivauonai Baulk
Attest: and Trust Company of Chicago by laws. Attes
Title
'CF :NATIONAL BANK ILLINOIS, SUCCESSOR TRUSTEE
.Y MERGER TO
BANK OF CHICAGO*'iot personally
but solely as Trustee under Trust
Agreement dated February 27, 1992,
*kn %ARFIELD RIDGE -5
Village Clerk
* *SEE ATTACHED ALLONGE RIDER FOR TRUSTEE
By: EXCULPATORY & SIGNATORY & NOTARY **
Attest:
Title
THIS DOCUMENT PREPARED BY and
RETURN TO:
GOLDSTINE, SKRODZKI, RUSSIAN
NEMEC AND HOFF, LTD.
ATTN: JIM L. STORTZUM
7660 West 62nd Place
Summit, IL 60501
Phone: (708) 458 -1253
STATE OF ILLINOIS
) SS
COUNTY OF eeeft
Qv Paje-
1, 41,te wnd,ers;3tAA
, a Notary Public in and for said County, in the State
aforesaid, do hereby certify that DAVID J. LANCIOTT! , personally known to me to
NafionaiBank and Trust Company of Chicage SUCCESSOR T TO
be a (Vice- President) Trust Officer oftdgewood Bank, not personally but as Trustee as aforesaid,
the personally known to me to be the Vice President of said
corporation and personally known to me to be the persons whose names are subscribed to the
foregoing instrument, appeared before me this day in person and severally acknowledged that they
signed and delivered the said instrument as Trustee and Vice President of said corporation, and
caused the Corporate Seal of said corporation to be affixed thereto, pursuant to authority given by
the Board of Directors of said corporation, as their free and voluntary act and as the free and
voluntary act and deed of said corporation, for the uses and purposes therein set forth.
Given under my hand and Notarial seal this 3 j S 1- day of -bec.en, (, e ! , 1997.
'?FICIAL SEAL
EVA HIGI
TARP PUBLIC, STATE OF ILLINOIS
'; Commission Expires 03/07/9c
Not blic
Exec es 03/07 P15
6
ALLONGE RIDER
This Rider is attached to and made a part of Temporary
Construstion and Permanent Utility Easement Agreement with the
Village of Lemont and Edgewood Bank and Trust Company Trust No.
4266 .
This Document is executed by TCF National Bank Illinois, successor trustee by merger to
Bank of Chicago /Garfield Ridge not personally but as Trustee, under Trust Agreement
mentioned in said Document. Said Trust Agreement is hereby made a part hereof and any
claims against said Trustee which may result from the signing of this Document shall be
payable only out of any trust property which may be held thereunder, except that no duty
shall rest upon TCF National Bank Illinois, successor trustee by merger to Bank of
Chicago /Garfield Ridge as Trustee as aforesaid and not personally, to sequester any of the
earnings, avails, or proceeds of any real estate in said Trust. Said Trustee shall not be
personally liable for the performance of any of the terms and conditions of this Document
or for the validity or condition of the title of said property or for any agreement with
respect thereto. Any and all personal liability of TCF National Bank Illinois successor
trustee by merger to Bank of Chicago /Garfield Ridge as Trustee as aforesaid and not
personally is hereby expressly waived by the parties hereto and their respective successors
and assigns. All warranties, covenants, indemnities and representations of each and every
kind are those of the beneficiaries only, and shall not in any way be considered the
responsibility and liability of TCF National Bank Illinois successor trustee by merger to
Bank of Chicago /Garfield Ridge as Trustee as aforesaid and not personally. This Trustee's
exculpatory clause shall be controlling in the event of a conflict of terms created by the
documents executed by TCF National Bank Illinois successor trustee by merger to Bank of
Chicago /Garfield Ridge as Trustee as aforesaid and not personally.
ATTEST:
BY:
TCF NATIONAL BANK ILLINOIS,
SUCCESSOR TRUSTEE BY MERGER TO BANK
OF CHICAGO /GARFIELD RIDGE NOT
PERSONALLY, BUT AS TRUSTEE, U /T /A
DATED FEBRUARY 27. 1992 A /K /A TRUST
NO.: 92 -2 -5
ITS: ASST. VICE PRESIDENT
LAND TRUST OFFICER
BY: CDMAGf E-
ITS: VICE PRESIDENT
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
1. ROSEMARIE BENCIK , a Notary Public in and for said County. in the State
GEORGEANN C.
aforesaid. do hereby certify that LOSURDO , personally known to me to be a ASST.
* *TCF NATIONAL BANK ILLINOIS SUCCESSOR TRUSTEE BY MERGER TO
(Vice - President) Trust Officer o ank of Chicauttibt personally but as Trustee
* * * /GARFIELD RIDGE
aforesaid. the MICHAEL MAY personally known to me to be the Vice- President of
said corporation and personally known to me to be the persons whose names are
subscribed to the foregoing instrument, appeared before me this day in person and
severally acknowledged that they signed and delivered the said instrument as Trustee and
Vice- President of said corporation, and dmicatligEziporazg/falmfxxikimopoxatimax
xileadfamcbilexeta. pursuant to authority given by the Board of Directors of said
corporation, as their free and voluntary act and as free and voluntary- act and deed of said
corporation, for the uses and purposes therein set forth.
Given under my hand and Notarial seal this
1990.
vwv
OFFICIAL SEAL
ROSEMARIE BENCI
NOTARY PUBLIC, STATE OF 1
MY COMMISSION EXPIRES:
4TH day of MAY
I ��� •�/
w�`i
Notary Pu. ��
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
I, , a Notary Public in and for said County, in the State
aforesaid, do hereby certify that , personally known to me to
be the Village President for the Village of Lemont, Illinois, a municipal corporation, as aforesaid,
and personally known to me to be the Village Clerk of said
Village and personally known to me to be the persons whose names are subscribed to the foregoing
instrument, appeared before me this day in person and severally acknowledged that they signed and
delivered the said instrument as Village President and Village Clerk of said Village, and caused the
Village seal of said Village to be affixed thereto, pursuant to authority given by the Corporate
Authorities of said Village, as their free and voluntary act and as the free and voluntary act and deed
of said corporation, for the uses and purposes therein set forth.
Given under my hand and Notarial seal this
Original Teidt legal:
day of , 1998.
8
Notary Public
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(708) 246 -6000
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Mr. Scott I3uening, MCP •
Community Development Director
Villabc of Lemont
418 Main Street
Lemont, Illinois 60439
RL: Sanitary Sewer Easement • New Avenue Property r)
pear Mr. Bu irtg tr1 ,:.
After reviewing your letter, dated January 13, 1998,1 have decided that there is no •
advantage fur mC to incorporate into the village at this time, Annexation would raise my
taxes by at least ten percent, amuse it would be an advantage to have sanitary sewer,
but in my present situation it is not necessary. As T have stated before, in separate letters,
I ant willing to agree to the proposed pre - annexation agreement, which 1 feel is beneficial
to bath parties
February 11, 1998
•
r�9 �sga
I would like to retain a good relationship with both my neighbors and the village. If you
agree to the lbilowing tcmts and conditions, please sign and return to me.
1. The sanitary sewer will be constructed so as to allow for connections, at the time or
annexation of, all existing or proposed buildings located on my property. The sewer
connections will be for industrial uses that are permitted under Village of Lemont M-2
7cming category.
2. The construction of the sanitary sewer is subject to my engineer's approval such that
the manholes and other sewer facilities are prpvidCd at appropriate locations that are
convenient for t'uture connection, that suitable erosion control measures will be in plate
prior to construction, and that any other reasonable design requirements that may be.
suggested by my engineer arc salisficd.
3, 1'he village will enter into a pre - annexation ab'reement for all or my property which
vv�li provide the following:
a. At the time of awicxat,on the villab'c will adopt an ordinance rcioning the
property to M•2 and provide that all existing structure and site development at the time
of annexation will be considered confortning w all building and luring codes.
vayr 90 12:49 PM NORMAN T t CDT J a a ■
b. Waive all anneNation fees
Ult. GP C£MOhr
Based upon the Villages assurance, that they will be prepared to cntor into an prc-
anncxation Al,rcwrn nt as above-dcAcrihL'd, i will execute: the ea7ement agreement. This
is or course conditioned upon the resolution of the erosion issur also discussed in our
rnming. if you have any roller questions or need clarification, please feel free to
contact mc.
Very truly yours,
Normun A. Tied:
Appris ed, Vj11;, : of-Lem) t
Lay;
Title; \R % 4(
Date; Z t1 4
P.03