R-69-98 07/27/1998illage of Lemont
418 Main Street
,emont, IL 60439 -3788
VILLAGE OF LEMONT
RESOLUTION NOg 494
RESOLUTION ACCEPTING GRANT OF EASEMENT
(FIREROCK FARM SUBDIVISION)
WHEREAS the Village of Lemont has received a Grant of Easement, attached as Exhibit
"A ", for property owned by La Salle National Bank, as Trustee under the Provisions of a Trust
Agreement dated September 25, 1985, and known as Trust No. 110361; and
WHEREAS said Grant of Easement shall allow the Firerock Farm Subdivision use of the land
for stormwater detention purposes; and
WHEREAS said Grant of Easement allows the Village to enter and maintain this property
as it is needed on an emergency basis.
NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the
Village of Lemont that the Grant of Easement 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
v
NAYS PASSED ABSENT
Approved by me this 27th day of July 199
ENE M. SMOLLEN, Village Clerk
Prepared by the Planning Department
Village of Lemont
418 Main Street
Lemont, Illinois 60439
A. KWASNESKI, Village President
JuJUL 14:'98 j�15 At" ANToN0,6000c ApL•A 4 DYSTRUP
EASEMENT =NT
TO 86 ii?eS19 ' P. 2
This EASEMENT
GRANT is made between
LA SALLE NATIONAL
SANK, AS TRUSTEE
UNDER THE PROVISIONS
OF A TRUST AGRESKENT
DATED SEPTEMBER 25,
1945, AND ]MONK AS
TRUST NO 110361,
hereinafter referred
to as "Grantor ", and
vIL AGE OF LEMONT, AN ILLINOIS MUNICIPAL CORPORATION and =NERO=
PARK 10101ONNEW S Assoc*.& :ow, an illinois not -fox- profit
corporation hereinafter referred to as "Grantee*.
The following recitals of fact are a material part of this
instruments •
A. The Grantor is the owner of a.tract of land described on
Sxhihit "A" and depicted on the plat attached as Exhibit *nu,
hereafter referred to as *Basement Premises ".
a. There is presently located on the Easement Premises a pond
which will serve as .a water detention facility for FIRER-OCR PAM
a subdivision approved by the Village and recorded as Doe. N. _
C. As a condition of the approval of the final plat of.
Firerock Farms Subdivision, Grantee reg1ired the Grantor grant to
Grantee an easement for storm sewer and 'drainage. purposes over
Easement Promisee
-NOW, T$EREFORE, in consideration' of • TEE AND NO 100 /TES DOLLARS
4=0.00) and other valuable consideration, the receipt and
sufficiency of which are hereby, acknowledged, the following grants,
agreements, and covenants and restrictions are made:
1. GRANT OF BASEMENT. The Grsliitor hereby grants to the
Grantee, its successors and assigns a perpetual easement for storm
sewer, detention, and drainage puxpoaes'and for ingress and egress
purposes over and across Easeuent Premises. The . purpose of this
grant is for the maintenance, renewal, removal, and replacement of
the pond, storm sowers, drainage swales, and appurtenances and for
ingress and agrees to the Easement Premises for the aforementioned
purposes.
JUJUL 14_'.c j0_464M ANTONOPGUL 33PLAN DYSTRUP 'TO 163e2slesie P.3 %33 '
2. WARRANTIES OF TITLE. Grantor warrants that he has good
and indefeasible fee simple title to the Easement Promisee.
3. IISE OP the Faeament Premises. Exclusive use of the
Easement Premises is tot hereby granted. The right to use the
Easement Promisee, is expressly reserved by the Grantor. Grantor
reserves the right to Grant to others the right to use the Easement
Premises for the same purposes, Grantor reserves the right to use
the Basement premises for any purpose that not interfere with c to
uses described herein.
4. BUMP= AND BURDENS. All provisions of this instrument
are binding upon and inure to the heirs, assigns, successors,
tenants and personal representatives of the parties hereto.
5. TERMINATION OF =mum LIABILITY. whenever a transfer of
ownership of Easement ?remises takes place, the transferor shall
rave no liability for breach of the terms hereof occurring after
the date of transfer. No treater of the ownership of the Zasemaat
*remises shedl be deemed to be eaasplets until such time ail the
either Grantee acknowledges acceptance. of the transfer. In the
event of a default by the Grantor, its successors or assigns, the
Grantee shall be entitled to reimbursement for the casts and
expenses incurred by Grantee related to curing ouch default or
amercing this Easement, including but not limited. to reasonable
attorney's fees, engineering fees, and other direct and indirect
expenses related to such default.
6. CONSTRUCTION. . The rule of strict . construction dots not
apply to this Grant. This Grant shall be given a reasonable
construction so that the intention of the parties to confer a•
commercially usable right of enjoyment iaa carried out.
7. NOTICES. All notices, demands or other communications
required or desired to be given hereunder shall be in writing,
signed by either party, or their respective authorised agents or
attorneys, and shall be deemed to have been properly given if (a)
personally delivered to the addressee set forth below, in which
case it shall be deemed delivered on the date of delivery to said
addresses; (b) mailed by overnight courier, in which case it shall
be deemed delivered one (1) business day after the date delivered
to such courier; or (c) mailed by t7'nited States registered or
to such courier; or (c) mailed by United States registered or
certified mail, postage prepaid, return receipt requested,
addressed as follows, in which case it shall be deemed delivered on
the date received:
If to Grantor: c/o Dr. Barry Ladd
1100 Walter Street
Lemont, I1. 60439
If to Grantee: 418 Main Street
Lemont, I1. 60439
Any party may designate any other address in substitution of the
foregoing address by giving ten (10) days' prior written notice to
the other party in the manner provided herein.
8. RELEASE OF EASEMENT. The Grantee herein may terminate
this instrument by recording a release in recordable form with
directions for delivery of same to Grantor at his last address
given pursuant hereto whereupon all rights, duties, and liabilities
hereby created shall terminate. For convenience such instrument
may run to "the owner or owners and parties interested" of the •
Easement Premises.
9. DRAINAGE EASEMENT MAINTENANCE AND REPAIR. Grantor, for
itself and its successors and assigns, covenants and agrees to
maintain, at its sole cost and expense, the Easement Premises,
subject to the limitations set forth below. Grantor shall be
responsible for any and all claims or judgments for personal injury
or property damage made occurring on, in or about the Easement
Premises except for any such claim or judgment arising from the
fault or neglect of Grantee, its respective employees, agents,
contractors or invitees. Maintenance of the Easement Premises
includes, but is not limited to, the maintenance of the concrete
aprons, concrete or earthen weir walls, culverts, storm sewers, and
the removal of sediment and other obstructions which prevent the
improvements from performing the storm water detention and drainage
function for which it was designed. Grantor reserves the right to
obligate the owners of Firerock Farm Subdivision and other property
owners whose property is tributary to the Easement Premises for
such owners fair share of the cost of maintenance of the Easement
Premises. Grantor, its successors ans assigns, shall indemnify and
hold harmless Grantee in connection with any injury to property or
person which may result from the neglect of the Grantor, its
successors or assigns in regard to the Easement Premises.
10. NO JOINT VENTURE. Nothing contained in this Agreement
shall be construed to make the parties hereto, or their successors
and assigns, partners or joint ventures, or to render any of said
parties liable for the debts or obligations of the other.
11. METHOD OF AMENDMENT. The parties hereto agree that the
provisions of this Agreement may be modified or amended, in whole
or in part, only by a written agreement executed and acknowledged
by the parties (or their respective successors and assigns) and
duly recorded in the Office of the Recorder of Deeds in and for the
County of Cook, State of Illinois.
12. COUNTERPARTS. This Agreement may be executed in several
counterparts, each of which shall be deemed an original, and all
counterparts shall together constitute one and the same instrument.
13. HEADINGS. The section headings herein are for
convenience and reference only, and in no way define or limit the
scope and content of this Agreement or in any way affect its
provisions.
14. GOVERNING LAW. This Agreement shall be governed by and
construed in accordance with the laws of the State of Illinois.
15. PARTIAL INVALIDITY. If any provisions or portions
thereof of this Agreement, or the application thereof to any person
or circumstances shall, to any extent, be invalid or unenforceable,
the remainder of this Agreement, or portion thereof, to any other
persons or circumstances shall not be affected thereby, and each
provision of this Agreement shall be valid and enforceable to the
fullest extent permitted by law.
16. EXERCISE BY GRANTEE. The Grantees may not exercise the
rights granted hereunder unless it first sends written notice to
Grantor stating Grantor's failure to maintain the pond and
specifying the nature of the needed maintenance and unless Grantor
within 30 days of the date of receipt of the notice fails to
perform the required maintenance or if the maintenance is of such
a nature that it can not be completely performed within said 30
days, Grantor fails to commence the maintenance and diligently
proceeds to its completion. Grantee does have the right to
periodically inspect the pond and may, upon prior notice, access
the pond at any time for such purpose.
17. TRUSTEE EXCULPATION. This document is executed by La
Salle National Bank, not personally but as Trustee, as
aforesaid, in the exercise of power and authority conferred
upon and vested in said Trustee as such and it is expressly
understood and agreed that nothing in said document
contained shall be construed as creating any liability on
said Trustee personally to pay any indebtedness accruing
thereunder,' or to perform any covenants, either expressed or
implied, including but not limited to warranties,
indemnifications, and hold harmless representations in said
document (all such liability if any, being expressly waived
by the parties hereto and their respective successors and
assigns) and that so far as said Trustee is concerned, the
owner of any indebtedness or right accruing under said
document shall look solely to the premises described therein
for the payment or enforcement thereof, it being understood
that said Trustee merely holds legal title to the premises
described therein and has no control over the management
thereof or the income therefrom, and has no knowledge
respecting any factual matter with respect to said premises,
except as represented to it by the beneficiaries of said
trust.
IN WITNESS WHEREOF, the Grantor, his spouse and the Grantee
have hereunto set their hands and seals this 7 day of /iiiaf/
, 19./ .
GRANTEE- GRANTOR:
VILLAGr7IF LEMONT LASALLE NATIONAL BANK, TRUST NO.
110361
41 A BY:
Or
4/
ATTEST :.CLAI,1i
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPOSED STORM WATER MANAGEMENT AREA FOR
FIREROCK FARM
THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 29, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN DESCRIBED AS COMMENCING AT THE NORTHEAST CORNER OF THE
SOUTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE NORTHWEST
QUARTER OF SAID SOUTHWEST QUARTER; THENCE ON AN ASSUMED BEARING OF
SOUTH 88 DEGREES 11 MINUTES 32 SECONDS WEST ON THE NORTH LINE OF SAID
SOUTH HALF, 534.19 FEET TO THE NORTHWESTERNMOST CORNER OF FIREROCK
FARM, BEING A SUBDIVISION OF PART OF SAID SOUTHWEST QUARTER ACCORDING
TO THE PLAT THEREOF RECORDED ON 7/Z 03' AS DOCUMENT NUMBER
9J714-0 iZ i AND TO THE POINT OF BEGINNING; THENCE THE FOLLOWING 5
COURSES AND DISTANCES ON BOUNDARY LINES OF SAID FIREROCK FARM; SOUTH
1 DEGREE 48 MINUTES 28 SECONDS EAST, 127.71 FEET; SOUTH 09 DEGREES 18
MINUTES 44 SECONDS EAST, 107.90 FEET; SOUTH 11 DEGREES 02 MINUTES 20
SECONDS WEST, 112.70 FEET; SOUTH 01 DEGREE 33 MINUTES 38 SECONDS EAST, 64.69
FEET; SOUTH 29 DEGREES 50 MINUTES 25 SECONDS EAST, 23.95 FEET TO THE
SOUTHWESTERNMOST CORNER OF LOT 5 IN SAID FIREROCK FARM; THENCE SOUTH
78 DEGREES 53 MINUTES 07 SECONDS WEST, 60.57 FEET; THENCE NORTH 77 DEGREES
08 MINUTES 17 SECONDS WEST, 18.32 FEET; THENCE NORTH 12 DEGREES 49 MINUTES
36 SECONDS WEST, 59.27 FEET; THENCE NORTH 05 DEGREES 10 MINUTES 13 SECONDS
WEST, 110.83 FEET; THENCE NORTH 36 DEGREES 58 MINUTES 56 SECONDS WEST,
131.54 FEET; THENCE NORTH 22 DEGREES 54 MINUTES 53 SECONDS WEST, 50.91 FEET;
THENCE NORTH 52 DEGREES 43 MINUTES 48 SECONDS EAST, 92.49 FEET; THENCE
NORTH 43 DEGREES 16 MINUTES 27 SECONDS EAST, 82.22 FEET TO A POINT IN THE
NORTH LINE OF SAID SOUTH HALF THAT IS 55.88 FEET WESTERLY OF, AS MEASURED
ON SAID NORTH LINE, THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 11
MINUTES 32 SECONDS EAST, ON SAID NORTH LINE, 55.88 FEET TO THE POINT OF
BEGINNING, ALL IN COOK COUNTY, ILLINOIS.
LEGAL DESCRIPTION OF PROPOSED OFFSITE PUBLIC UTILITY AND DRAINAGE
EASEMENT FOR FIREROCK FARM
THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 29, TOWNSHIP 37 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN BEING A STRIP OF LAND 15 FEET WIDE LYING 7.5 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED SERIES OF LINES: COMMENCING AT THE NORTHEAST
CORNER OF THE SOUTH HALF OF THE SOUTH HALF OF THE NORTH HALF OF THE
NORTHWEST QUARTER OF SAID SOUTHWEST QUARTER; THENCE ON AN ASSUMED
BEARING OF SOUTH 88 DEGREES 11 MINUTES 32 SECONDS WEST ON THE NORTH
LINE OF SAID SOUTH HALF, 534.19 FEET TO THE NORTHWESTERNMOST CORNER OF
FIREROCK FARM, BEING A SUBDIVISION OF PART OF SAID SOUTHWEST QUARTER
ACCORDING TO THE PLAT THEREOF RECORDED ON 9/z ' /cfrs' AS DOCUMENT
NUMBER `iefi Z2 ; THENCE THE FOLLOWING 6 COURSES AND DISTANCES ON
BOUNDARY LINES OF SAID FIREROCK FARM; SOUTH 1 DEGREE 48 MINUTES 28
SECONDS EAST, 127.71 FEET; SOUTH 09 DEGREES 18 MINUTES 44 SECONDS EAST,
107.90 FEET; SOUTH 11 DEGREES 02 MINUTES 20 SECONDS WEST, 112.70 FEET; SOUTH
01 DEGREE 33 MINUTES 38 SECONDS EAST, 64.69 FEET; SOUTH 29 DEGREES 50
MINUTES 25 SECONDS EAST, 23.95 FEET TO THE SOUTHWESTERNMOST CORNER OF
LOT 5 IN SAID FIREROCK FARM; THENCE NORTH 88 DEGREES 12 MINUTES 59
SECONDS EAST, ON THE SOUTH LINE OF SAID LOT, 107.32 FEET TO THE SOUTHEAST
CORNER OF SAID LOT 5; THENCE SOUTH 01 DEGREE 33 MINUTES 38 SECONDS EAST,
ON A WEST LINE OF SAID FIREROCK FARM, 29.72 FEET TO THE POINT OF BEGINNING,
SAID 15 FOOT WIDE STRIP OF LAND BOUNDED ON THE EAST BY THE LAST
DESCRIBED LINE AND THE SOUTHERLY EXTENSION OF SAID LINE; THENCE NORTH
83 DEGREES 53 MINUTES 37 SECONDS WEST, 87.24 FEET; THENCE NORTH 37 DEGREES
13 MINUTES 49 SECONDS WEST, 21.79 FEET TO A TERMINUS IN THE SOUTH LINE OF
SAID LOT 5 THAT IS 8.16 FEET EASTERLY OF, AS MEASURED ON SAID SOUTH LINE,
THE SOUTHWESTERNMOST CORNER OF SAID LOT, SAID 15 FOOT WIDE STRIP OF
LAND BOUNDED ON THE NORTH BY THE SOUTH LINE OF SAID LOT 5, ALL IN COOK
COUNTY, ILLINOIS.
STATE OF ILLINOIS
) SS
COUNTY OF Cook
I, ,t.vvo /S , a Notary Public in and for said County, in the State
aforesaid, DO HE' : Y ERTIFY that C� �; A ,.k Coo 41.4 of the Village of
Lemont, a Municip•u Corporation and Crow lQ 'L . VIACAQ it thereof, personally known
to me to be the same persons whose names are subscribed to the foregoing instrument as such
e;r and \I I c,`,e C1 tc, 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 of said Bank, for the uses and purposes therein set forth; and the said
C 1 Qx-k, did also then and there acknowledge that he is custodian of the corporate seal of said
Municipality did affix the said corporate seal of said Municipality to said instrument as his own free
and voluntary act, and as the free and voluntary act of said Municipality for the uses and purposes
therein set forth.
GIVEN under my hand and Notarial Seal this lli`day of , A.D. 192r,i
STATE OF ILLINOIS
COUNTY OF t ° '
) SS
NO
I EAL
(1OE YATES
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 0.12.2000
I, , a Notary Public in and for said County, in the State
aforesaid, DO HEREBY CERTIFY that
NATIONAL BANK, Chicago, Illinois, and
ROB- sM,APY COI UNS of LASALLE
Deborah Berg . thereof, personally
known to me to be the same persons whose names are subscribed to the foregoing instrument as such
VIIR !IOW _ ,, ; and . .
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 of said Bank, for the uses and purposes therein set forth; and the said
did also then and there acknowledge that he is custodian of the corporate seal of said
Bank did affix the said corporate seal of said Bank to said instrument as his own free and voluntary
act, and as the free and voluntary act of said Bank for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this 7 day of
A.D. 19237
DOCUMENT PREPARED BY:
ANDREW C. DYSTRUP
Davis, Kaplan, Dystrup and Hoster, P.C.
181 N. Hammes Avenue
Joliet, Illinois 60435
AFTER RE1ORDING RETURN TO:
ANDREW C. YSTR
Davis, Kaplan,
181N.H.usses venue
Joliet, inois 6043
p and Hoster, P.C.
■I
ACD/paf
6/09/98
LOURDES MARTINEZ
NOTARY PUSLEC STATE '=.*,E 4
rvw Conirrison
VILLAGE OF LEMONT
418 Main Street
Lemont, IL 60439
OTHERRE\LADD\EASEMENT.WPD 3d
COUNTY CLERK'S ENDORSEMENT
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BASIS OF BEARINGS
BEARINGS ARE BASED ON THE PLAT OF
SUBDIVISION OF FIREROCK FARM.
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JAYNE N88'11'3 ? "E
.EXH, lBIT „B
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888 °11'32 "W 10
1.684.19'••1
9
Point of Beginning of Stormwater Management Area STREET
\.r'worth line, South 1/2, South 1/2, North 1/2,
Point of Commencement of
Stormwater Management Area
d Public UI!ity c4• Drainage
Easement
NW 1/4, SW 1/4, Sec. 29 -37 -11
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Fri Jun 12 08:46: 58 1998
N: \971343 \Exhibitb.dwg
t 01-5 / —I Z_
FIREROCK FARM SUBDIVISION
240.001
N88°12'59"E
orth tine South 260; NW 1/4,
SW 1/4, Spec. 29 -37 -11
N83'53'37 "W
87.24'
N3713'49 "W
21.79'
N88°12'59"E
107.32'
N7T08'17 'W
18.32'
SO1'33'38 "E
29.72'
Point of Beginning of 15'
Pub /ic Utility d Drainage
Easement
23.95'
S29 °60'26 "E
60.57' '—�+ --
S78'53'07 "W/
Ingress /Egress em t
en
per Doc. No. 2142Eas2121
Recorded March 18, 1971
Centerline of Public- Utility & Drainage Easement
West line, East 425; NW 1/4,
SW 1/4, Section 29 -37 -11
50' Wide Right of Woy Grant
to Badger Pipeline Company
per Doc. No. 15883365
Ingress/Egress Easement
per Doc. No. 21422121
and Doc. No. 21427682
186.00'• •••• ••••
South line, N 1/2, S 1/2, NW 1/4,
N88 °12'69 "E SW 1/4, Section 29 -37 -11
11
SCALE: 1.3=100'
DATE
6 -11 -98
DRAWING No.
197 -1343
EXHIBIT B
RUETTIGER, TONELLI & ASSOCIATES, INC.
Land Surveyors /Engineers /Planners /Landscape Architects /C.LS. Consultants
2174 ONEIDA STREET
JOUET, IWNOIS 60435 •
PH. (815) 744 -6600 FAX (815) 744 -0101
2603 SOUTH WASHINGTON STREET SUITE 170
NAPERWUE, IWNOIS 60565
PH. (630) 420 -7740 FAX (530) 420 -7741