O-855-94 08/22/94Td furaEasavn vAv
VILLAGE OF LEMONT
ORDINANCE NO. 855
ORDINANCE OF CONDEMNATION
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This 22ndday of August
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village
of Lemont, Counties of Cook, Will
and DuPage, Illinois, this 22nd
day of August , 1994.
, 1994.
ORDINANCE NO. 855
ORDINANCE OF CONDEMNATION
WHEREAS, the President and Board of Trustees of the Village of Lemont, Counties
of Cook, Will and DuPage, are empowered to acquire property by eminent domain pursuant
to Chapter 65 ILCS 5/11 -61 -1; and
WHEREAS, the President and Board of Trustees have determined that it is
necessary and desirable that the real estate described herein be acquired by said Village
of Lemont for the purpose of constructing and maintaining a drainage and utility easement
over and across said property; and
WHEREAS, the President and Board of Trustees of the Village of Lemont, Counties
of Cook, Will and DuPage, acting through its authorized agent and attorney be, and are
hereby empowered to take the necessary steps to acquire a drainage and utility easement
over and across said real estate as set forth in Exhibit "A" attached hereto; and
WHEREAS, the President and Board of Trustees of the Village of Lemont, have
authorized its attorney to negotiate the acquisition of said easement described on the
attached Exhibit "A" and has attempted to negotiate the acquisition of said easement of
said property but has been unable to agree with said owners of the property concerning just
compensation.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND
DUPAGE, STATE OF ILLINOIS, as follows:
1. That it is necessary and desirable that a drainage and utility easement over and
across said real estate described in Exhibit "A" attached hereto be acquired by said
municipality for one or more purposes set forth.
2. That the Village Administrator, his staff and the Village Attorney be and are
hereby authorized to take the necessary steps, either by negotiations or condemnation, to
acquire said easement to the real estate described in Exhibit "A" attached hereto.
All Ordinances or parts of Ordinances in conflict herewith shall be and the same
are hereby repealed.
The Village Clerk of the Village of Lemont shall certify to the adoption of this
Ordinance.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTIES OF COOS, WILL AND DUPAGE,
ILLINOIS, on this .4 day of amytka.r , 1994.
AYES NAYS PASSED ABSENT
Barbara Buschman ✓
Alice Chin ✓
Keith Latz
.7 Connie Markiewicz
Richard G. Rimbo
Ralph Schobert
Attest:
ENE M. SM S L EN, Village Clerk
Approved by me this acrd day of
, 1994.
C ENE M. SMOLLEN, Village Clerk
A:\VILLAG E \TOTU RA.O R D
a ,4
•
EXHIBIT A
HILLVIEW ESTATES UNIT 3
PLAT OF EASEMENT
A 15 FOOT WIDE UTILITY AND DRAINAGE EASEMENT ACROSS A PORTION OF THE
SOUTH 30 ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION
28, TOWNSHIP 37 NORTH, RANGE 11 EAST MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTH WEST CORNER OF THE NORTHWEST QUARTER OF
SECTION 28, TOWNSHIP 37 NORTH, RANGE 11 EAST, THENCE NORTH ALONG THE
WEST LINE OF SAID SECTION A DISTANCE OF 425 FEET, THENCE EAST AT RIGHT
ANGLES TO THE LAST DESCRIBED COURSE A DISTANCE OF 15 FEET, THENCE
SOUTH, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER, A
DISTANCE OF 425 FEET TO THE SOUTH UNE OF THE NORTHWEST QUARTER OF
SECTION 28, TOWNSHIP 37 NORTH, RANGE 11 EAST, THENCE WEST ALONG THE
SOUTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 15 FEET TO THE
POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
22 18/17/ 16 / 15
23
24
29
30
37
39
40
pt5'
92.5
HILLTOP ESTATES UNIT 1
12
WEST LINE OF
THE NORTHWEST 1/4
OF SECTION 28 -37 -11
PROPOSED 15'
u11uTY &
DRAINAGE
EASEMENT
1
7
EAST LINE OF
OF THE WEST 1/2
OF THE NORTHWEST 1/4
OF SECTION 28 -37 -11
-SOUTH UNE OF
THE NORTHWEST 1/4
OF SECTION 28 -37 -11
POINT OF
BEGINNING
04009391
TOTURA DRAINAGE EASEN
THIS GRANT OF EASEMENT, made this
1994, from LEON S. TOTURA and BOZENNA TOT1
(hereinafter called the "GRANTORS "), to the VILLAG
corporation organized and existing under the laws of th
termed the "VILLAGE "), 418 Main Street, Lemont, l lino
WITNESSETH
t AP's " l la
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• COOS COUNTY RE IIRDFR
WHEREAS, VILLAGE is desirous of repairing and expanding a drainage area
adjoining the GRANTORS' property which is within the corporate limits of the VILLAGE;
and
WHEREAS, said drainageway will benefit the GRANTORS and other property
tributary to said drainage area; and
WHEREAS, in order to construct said drainage way, it is necessary for the
VILLAGE to obtain a perpetual easement, right, privilege, and authority to construct,
reconstruct, repair, maintain and operate a certain part of the drainage easement under and
through certain premises hereinafter described; and
WHEREAS, the GRANTORS are willing to grant said perpetual easement, right,
privilege, and authority to the VILLAGE, upon the terms and conditions herein set forth;
NOW, THEREFORE, in consideration of the sum of Five Thousand Dollars
($5,000.00), the GRANTORS do hereby bargain, sell, grant, transfer and convey to their
successors and assigns, the perpetual easement, right, permission, and authority to construct,
reconstruct, repair, replace, operate, and maintain a drainage easement under and through
the following described premises, hereinafter referred to as:
R CORO; Q FEES /^.
OK
9 1
A 15 foot wide utility and drainage easement and a 15 foot construction
easement across a portion of the South 30 acres of the West half of the
Northwest quarter of Section 28, township 37 North, Range 11, East more
particularly described as follows:
Beginning at the Southwest corner of the Northwest quarter of Section 28,
Township 37 North, Range 11 East, thence North along the West line of said
Section a distance of 425 feet , thence East at right angles to the last
described course a distance of 15 feet, thence South, parallel with the West
line of said Northwest quarter, a distance of 425 feet to the South line of the
Northwest quarter of Section 28, Township 37 North, Range 11, thence West
along the South line of said Northwest quarter a distance of 15 feet to the
Point of Beginning, in Cook County, Illinois.
PIN# 22 -28 -103 -004
All as shown on a plat marked Exhibit A attached hereto and made a part
hereof.
IN CONSIDERATION of the grant of the perpetual easement, right, privilege, and
authority herein contained, this Easement Grant is subject to the following conditions:
FIRST: The drainageway shall be constructed by the open cut method of
construction under and through the permanent easement in accordance with the
specifications and plans approved by the VILLAGE Engineer.
SECOND: The VILLAGE expressly assumes all responsibility for, and shall save
and keep harmless the GRANTORS against any loss, damage, cost or expense which it n y
suffer, incur or sustain, or for which it might become liable growing out of any injury to
or death of person, or loss, or damage to property, arising out of or caused in the
performance of any work done by or under the authority of the VILLAGE by virtue of the
rights granted herein. In the event of the bringing of any action, suit or suits, against
GRANTORS growing out of any such loss, damage, cost or expense, GRANTORS shall
give written notice to the VILLAGE of the commencement of such action, suit or suits, and
thereafter the VILLAGE shall be entitled to assume the defense thereof. The VILLAGE
shall save and keep harmless GRANTORS from any claims for Mechanics' Liens by reason
of any construction work, repairs, replacements, or other work, or for any improvements
made or placed upon or to the easement by the VILLAGE.
The rights and obligations of the GRANTORS and the VILLAGE respectively
hereunder shall inure to the benefit of and be binding upon their respective successors and
assigns, and all terms, conditions, and covenants herein shall be construed as covenants,
running with the land.
THIRD: After the drainageway has been constructed and placed in operation:
(a) The VILLAGE shall have the right of access to said real estate at all times
across the permanent access easement described herein, for the purpose of
reconstruction, repair, maintenance or operation of the drainageway.
(b) The GRANTORS and their successors, assigns, and beneficiaries, may not
construct a building or buildings or other structures or improvemznts upon
said easement.
(c) The GRANTORS and their successors, assigns, and beneficiaries, shall have
the right, upon proper application and approval of a permit, to connect to or
discharge storm water into said drainageway. Such connection shall be
subject to the rules, regulations, laws, and ordinances of the VILLAGE
relating to permits which are now, or may hereinafter be, in force.
(d) The VILLAGE shall, after the drainageway is constructed, restore the
GRANTORS' property substantially to its original condition.
IN WITNESS WHEREOF:
The GRANTORS have executed this instrument consisting of 5 pages, including the
inserted page known as Exhibit A, and this page, in quintuplicate, and have hereunto set
their hands and seals on the day and date first written abc e, hereby releasing and waiving
all rights under and by virtue of the Homestead Exemption Laws of the State of 'Illinois.
LEON S. TOTURA
HILLVIEW ESTATES UNIT
22
PLAT OF EASEMENT
A 15 FOOT WIDE UTILITY AND DRAINAGE EASEMENT ACROSS A PORTION OF THE
SOUTH 30 ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION
28, TOWNSHIP 37 NORTH, RANGE 11 EAST MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTH WEST CORNER OF THE NORTHWEST QUARTER OF
SECTION 28, TOWNSHIP 37 NORTH, RANGE 11 EAST, THENCE NORTH ALONG THE
WEST LINE OF SAID SECTION A DISTANCE OF 425 FEET, THENCE EAST AT RIGHT
ANGLES TO THE LAST DESCRIBED COURSE A DISTANCE OF 15 FEET, THENCE
SOUTH, PARALLEL WITH THE WEST LINE OF SAID NORTHWEST QUARTER, A
DISTANCE OF 425 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF
SECTION 28, TOWNSHIP 37 NORTH, RANGE 11 EAST, THENCE WEST ALONG THE
SOUTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 15 FEET TO THE
POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
PIN #: 22 -28- 103 -004
HILLTOP ESTATES UNIT 1
16 17 16 IS 14 13 12 11 10
SCALE: 1" =20'
WEST LINE OF
THE NORTHWEST 1/4
OF SECTION 28 -37 -11
PROPOSED 15'
UTILITY &
DRAINAGE
EASEMENT
6
4
EAST UNE OF
OF THE WEST 1/2
OF THE NORTHWEST 1/4
OF SECTION 28 -37 -11
SOUTH UNE OF
THE NORTHWEST 1/4
OF SECTION 28 -37 -11
POINT OF
BEGINNING
ENGINEERING
RESOURCE
ASSOCIATES, INC.
CONSULTING ENGINEERS
214 WEST WILLOW AVENUE
WHEATON, ILLINOIS 60187
PHONE 1708) 666 -6996 FAX 17081 668.0693
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HEREBY GRANTED TO THE VILLAGE
OF LEMQNT
r3DAY OF//& 199
STATE OF IWNOIS S.S.
COUNTY OF DuPAGE
I, WARREN D. JOHNSON, HEREBY CERTIFY THAT
I HAVE SURVEYED THE ABOVE PROPERTY AND
THAT THE PLAT HEREON DRAWN IS A CORRECT
REPRESENTATION OF SAID SURVEY.
DATED AT WHEATON, IL
THIISS_LC-3 AY F n1- A.D. 192`i
y
ILLINOIS R TIERED LAND SURVEYOR NO. 2971
EXHIBIT A
STATE OF ILLINOIS
COUNTY OF COOK_
)
) SS.
l; Y A L6-g ► E M . S M ► TH , a Notary Public in and for said County, in the
State aforesaid, do hereby certify that LEON S. TOTURA and BOZENNA TOTURA are
personally known to me to be the same persons whose names are subscribed to the
foregoing instrument appeared before me this day in person and acknowledged that they
signed, sealed, and delivered the said instruments as their free and voluntary act for the
uses and purposes therein set forth, including the release and waiver of the right of
homestead.
IN WITNESS HEREOF, I have hereunto set my hand and fixed my Notarial Seal
this (26.4-1 day of NovEMt6L& 1994.
12,5nA Poo
Prepared by:
Antonopoulos, Virtel & Groselak, P.C.
15419 127th Street, Suite 100
Lemont, 'Illinois 60439
(708) 257 -5816
Not. Public
'OFFICIAL SEAL"
Valerie M. Smith
Notary Public, state of Illinois
My Commission Expires 6/13/96