R-81-03 Accepting A Plat of Dedication For Roadway PurposesVILLAGE OF LEMONT
RESOLUTION NO.
A RESOLUTION ACCEPTING A PLAT OF DEDICATION
FOR ROADWAY PURPOSES
(Thornberry Drive)
APPROVED BY THE
PRESIDENT AND THE BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 10TH DAY OF NOVEMBER, 2003
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 10TH DAY OF
NOVEMBER, 2003
RESOLUTION NO. -e
DATE OF APPROVAL R- f ,
A RESOLUTION ACCEPTING A PLAT OF DEDICATION
FOR ROADWAY PURPOSES
(Thornberry Drive)
WHEREAS, the Village of Lemont has received a plat of dedication from PDV Midwest
Refining LLC, owner of the subject property, Thornberry Drive (Smith Road extended), attached
hereto and legally described in Exhibit "A ", which is made a part hereof; and
WHEREAS, said dedication will provide necessary right -of -way for part of Thornberry
Drive; and
WHEREAS, said dedication is consistent with the amended and restated annexation
agreement for Briarcliffe Subdivision and plans and specifications for construction of the
roadway; and
WHEREAS, the plat of dedication creates the possibility of a future "bypass" roadway
between 127"' Street and New Avenue that could replace 127th Street between Smith Road and
High Road, and in DuPage Township, Will County, as a route to and from New Avenue.
NOW, THEREFORE, BE IT RESOLVED by the President, and Board of Trustees that
the Plat of Dedication 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 10th day of November, 2003
Debbie Blatzer
Peter Coules
Brian Reaves
Steve Rosendahl
Ron Stapleton
Jeanette Virgilio
AYES NAYS PASSED ABSENT
Approved by me this 10th day of November, 2003
Attest:
CHARLENE M. SMOLLEN, Village Clerk
41749
za, Village President
S:`COMMUNITY DEVELOPMENT DEPARTMENT ONLY- RESTRICTED!Udiaallancauc Dacummu\TlwmberryP4t ofDdicatiw.wpd
Prepared by.
AAreo Survey Company
11340 Wei. 159th 5+rur
OrIN0 Park [tints 6007
50 25 0 25 50
Scale: 1' ' 50•
PLAT OF DEDICATION
TO THE VILLAGE OF LEMONT
FOR ROADWAY PURPOSES
100
Pssse. (104)3.9 7344
7e. (A7.) 349 1174
4. ,.I ts,uwsy tattgl4tW tat
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 37 NORTH,
RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED 45 FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER OF
SECTION 25, THENCE NORTH 89 DEGREES 26 MINUTES 13 SECONDS WEST, ALONG
THE SOUTH LINE OF SAID SOUTHEAST QUARTER, 50.00 FEET; THENCE NORTH 00
DEGREES 19 MINUTES 32 SECONDS EAST, ALONG A LINE 50 FEET WEST OF AND
PARALLEL WITH THE EAST LINE OF SAID SOUTHEAST QUARTER, 418.89 FEET;
THENCE NORTHWESTERLY, ALONG A CURVED LINE, CONCAVE WESTERLY AND
HAVING A RADIUS OF 250.00 FEET, AN ARC DISTANCE OF 130.10; THENCE NORTH 60
DEGREES 30 MINUTES 33 SECONDS EAST, ALONG A LINE RADIAL TO THE LAST
DESCRIBED CURVE, 95.77 FEET TO THE EAST LINE OF SAID SOUTHEAST QUARTER;
THENCE SOUTH 00 DEGREES 19 MINUTES 32 SECONDS WEST, ALONG THE EAST
LINE OF SAID SOUTHEAST QUARTER, 591.02 FEET TO THE POINT OF BEGINNING,
ALL IN WILL COUNTY, ILLINOIS.
STATE OF
COUNTY OF a_s' o.,,t. Co
ni6wu
THIS 15 TO CERTIFY THAT PDV MIDWEST REFINING, LLC., IS THE SOLE OWNER
OF RECORD OF THE PROPERTY SHOWN AND DESCRIBED ON THIS PLAT OF
DEDICATION, AND HAS CAUSED THE SAME TO BE PLATTED, AS INDICATED
HEREON, FOR THE USES AND PURPOSES HEREIN SET FORTH, AND DOES HEREBY
ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE HEREON
INDICATED.
DATED THIS DAT OF 2003.
BY
ATTEST:
ADDRESS:
TITLE.
TITLE:
STATE OF __ ) N
COUNTY OF ____ ) s_,. a r Co...
1, A NOTARY PUBLIC IN AND FOR SAID COUNTY, IN
THE STATE AFORESAID, DO HEREBY CERTIFY THAT
AND RESPECTIVELY THE
o AND OF PDV MIDWEST REFINING, LLC.,
PERSONALLY KNOWN TO ME TO BE THE SAME PERSONS WHOSE NAMES ARE
SUBSCRIBED TO THE FOREGOING INSTRUMENT APPEARED BEFORE ME THIS DAY,
cn a IN PERSON AND ACKNOWLEDGED THAT THEY SIGNED AND DELIVERED THE SAID
.. h INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT FOR THE USES AND
c v PURPOSES SET FORTH.
R 127th Street
Sa: a Soul+ea,t I/4
o,n53 -l00 25 -37-10
Project No 3815
Prepared for: McNoughtln Development, Incorporated
\9pl'J6HWrtw,"..
- o -waJ • e:
GIVEN UNDER MY HAND AND SEAL T1-115 ____ DAY OF 2003.
NOTARY PUBLIC
MY COMMISSION EXPIRES:
STATE OF ILLINOIS ) Le vplav Bca,d C.,hscau
COUNTY OF COOK )
ACCEPTED BY ME VILLAGE BOARD OF LEMONT. COOK COUNTY, ILLINO15, THIS __ 007
OF 2003.
VILLAGE PRESIOENT ATTEST
........
fSS,�" C%
hfQOf ° s
(a LAND r) * 10th „„ September 2003_
SURVEYOR
, ILUNas PROFESSIONAL LAND 53341 3O0 NC. 2205
nn,t lUC•n a E.pirolw Oele. Novemper 30. 2004)
u 1)1,04,3 P,af.s.innal 0.5,gn Firm Na IBA - 00284
Thomas J Ct,al, a stinois P,ale,s L - ,. a_ n
that , t plot led from tre public ar - . e pate -,
e -t noa•d h• , 471 u and paopos•s s. o^ s<
loth, ,ua that this plat, s .uu , s a pone, ry.esntot._. 173.34)
�a�
• •
TEMPORARY CONSTRUCTION EASEMENT
STATE OF NEW ILLINOIS )
COUNTY OF WILL
KNOW ALL MEN BY THESE PRESENTS:
THAT, for and in consideration of the sum of Ten and no /100 Dollars ($10.00) and
other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, PDV Midwest Refining LLC, a Delaware Limited Liability Corporation, P.
O. Box 3758, Tulsa, Oklahoma 74102, hereinafter referred to as "GRANTOR ", does hereby
grant without warranty or representation and to the extent GRANTOR may legally do so,
unto Briarcliffe Development LLC, a Illinois limited liability Company, 11900 South
Highway, Palos Park, IL 60464, hereinafter referred to as "GRANTEE ", a 3 year Temporary
Construction Easement (TCE) to become effective upon the date of execution of this
agreement for, the purposes of: utility and roadwork construction, storage of machinery
and /or materials contiguous and /or related thereto, and the right of ingress and egress to
and from the same. The TCE shall traverse real estate situated in Will County, Illinois, ,
further described by metes and bounds description shown on Exhibit "A" attached hereto
and incorporated herein by reference, together with all of the rights and benefits necessary
and convenient for the full enjoyment and use of the rights herein granted. GRANTEE
covenants and agrees that in exercising the rights granted herein it will comply with all
Federal, State, and local laws, rules, regulations, ordinances, and directives. GRANTEE
agrees to pay or cause payment to be made for damages to improvements of GRANTOR
resulting from the exercise of the rights herein granted. GRANTEE will not unduly interfere
with GRANTOR'S use of the Property except to the extent provided herein.
Upon completion of any work on the Property, GRANTEE shall restore the surface
of the Property to its original condition or near practicable, and shall replace or rebuild to
the reasonable satisfaction of GRANTOR, any and all damaged surface and sub - surface
improvements. GRANTEE shall repair at its expense or reimburse GRANTOR for the
repair of any damage to driveways, sidewalks, curbs and landscaping owned by
GRANTOR resulting from the exercise of the rights herein granted.
GRANTEE shall defend, indemnify and hold GRANTOR, its parent company and all
of their, directors, officers, agents and employees (the "Indemnified parties ") harmless from
1
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•
and against all awards, settlements, costs, or expenses (including reasonable attomeys'
fees and expert witness costs) resulting from any and all losses, liabilities, damages,
detriments, causes of action, administrative proceedings, claims, demands, civil
penalties or fines, or charges which the Indemnified Parties may directly suffer, sustain
or be subject to for injuries or death to any person (including, but not limited to,
economic losses to third parties, GRANTOR and the employees of the parties), any
damage to property (including, but not limited to, the environment and natural
resources), and violations of any applicable federal, state, or local laws, regulations, or
ordinances by reason of or on account of the activity connected with GRANTEE'S use of
the TCE, except for injuries, deaths, or damages caused by or resulting from the sole
negligence or willful misconduct of GRANTOR.
GRANTEE shall be responsible for any environmental contamination caused by, or
arising from, the utility and roadwork construction, storage of machinery and /or materials.
GRANTEE will clean up or remove any such environmental contamination that may occur
in compliance with the then existing laws, rules, and regulations. Further, GRANTEE will
defend, indemnify, and hold the indemnified party harmless from any and all claims, liability
expenses or costs of every kind and nature relating to the remediation of any environmental
contamination arising from the utility and roadwork construction, storage of machinery
and /or materials on the TCE by GRANTEE.
The TCE is conveyed subject to all existing servitudes, easements, rights of way,
leases, or other encumbrances, whether of record or not, on, over, and across the Property
and is made without any warranties whatsoever.
The rights and obligations granted herein are not exclusive and cannot be assigned
in whole or in part by GRANTEE, without the prior written consent of GRANTOR, which
approval shall not be unreasonably withheld or delayed, except to an affiliate or subsidiary
of GRANTEE on condition that such affiliate or subsidiary has sufficient financial resources
to perform the covenants and conditions hereunder applicable to GRANTEE. Any such
assignments obtained without such prior consent shall be null and void. Assignment by
GRANTEE shall not be effective until the assignee assumes all obligations of GRANTEE
under this Agreement in writing and GRANTOR receives a fully executed copy of any such
assignment and assumption.
Any notice to be given hereunder shall be given by mailing the same by United
States registered or certified mail, postage prepaid to the address herein below shown of
the party being notified:
2
sOOl j AHHNI.3HH INONi3'T O LI0 85Ib LSZ 0£9 XF.d t0 :9T IH3 £O /IZ /OT
GRANTOR:
PDV Midwest Refining LLC
P.O. Box 3758
Tulsa, Oklahoma 74102
Attention: Real Estate
GRANTEE
Briarcliffe Development LLC
11900 South Highway
Palos Park, Illinois 60464
or to any such other address as the parties may from time to time specify in writing by
notice given in the manner provided above. Date of mailing shall constitute date of such
notice.
IN WITNESS WHEREOF, the parties hereto have hereunto executed this Agreement this
v�(e`A' day of eTfrKRfx -- , 2003.
GRANTEE:
BRIAR LIFFE DEVELOPMENT LLC
By:
Na
Title: ofErz-A-ri /KA- 6)4 (r£,e.—
F GRANTOR:
PDV MIDWEST REFINING LLC
By: 1 l`"4 �/'
Name: / loAr. S ; r-4
Title: l,, P/ - 1._r,
.v.4 r'u 4.-Cr'/
3
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ACKNOWLEDGEMENT
STATE OF ILLINOIS )
COUNTY OF WILL )
The foregoing instrument was acknowledged before me this i day of
2003, on behalf of PDV Midwest Refining LLC by
, as V P/c/1 LJE.Mtrer R&FINE14 on behalf of said
Corporation.
Given under my hand and seal the day and year last above written.
r
(tiv I
Notary Public
My Commis
STATE OF .1Ihhthf )
COUNTY OF Ill' 11 )
ion expires.
OFFICIAL. SEAL
OL S. WITTMANN
NOTARY PUBLIC STATE OF IWNOIS
MY COMMISSION EXPIRES 8-405
The foregoing instrument was acknowledged before me this 20 day of
Cp,fr•i. bee- , 2003, on behalf of Briarcliffe Development LLC by
L. Y NE rt r f /K' ko-re , as vP t K,a -r, 6- /It A- ¢- &,e_ - on behalf of said Company.
Given under my hand and seal the day and year last above written.
of
• :> SEAL
ICEMMEiliA. SILVERMAN
NQ11RY PUBLIC, STATE OF ILLINOIS
IWCOMMISSION EXPIRES 11.22.2006
4
At14.dz---4.41,4r
Notary Public
My Commission expires:
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EXHIBIT "A"
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127th Street
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of Necklets 25 -27 ^:0
rape? No. 3310
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PLAT OF EASEMENT GRANT
FOR TEMPORARY CONSTRUCTION
EASEMENT
THAT PANT Of 7HE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 37 NORTH,
MANSE 10 EAST OF THE 7H1RD PRINCIPAL. MERIDIAN, DESK AS FOLLOWS:
COPAMENGLNG AT THE SOUTHEAST CORD OF SAID SOUTHEAST CURTER OF
SECTION 20. ?FENCE NORTH S9 DEGREES 26 MINUTES 13 SECONDS WEST. AWNS
THE SOUTH LTNE OF sAID sarTHEAST QUARTER. SEGD•NDNG: THENCE NORTH 00 DEGREES MSMRESS 2 SECONDS EAST, ALONG A
LDE 00 FEET WEST OF AND PMALLB. WaTN •1# EAST LIEF OF SAID SOUTHEAST
QUARTER, 41319 FEET, THENCE NORTHWESTERLY. ALONG A CURVED L.
0ONC•VE WESTERLY AND HAVD41 A RADIUS OF 250AO FEET, AN MC DISTANCE OF
I30iQ THENCE: NORTH 60 DEMO 30 MINUTES 33 SECONDS EAST, ALONG A LINE
RADIAL TO THE LAST DESCRIBED CURVE. 9077 FEET TO THE EAST LIRE OF MID
SOUTHEAST QUARTER: THENCE NORTH 00 DEGREES 19 MD.UIES 32 SECONDS
EAST. ALONG THE EAST LDE OF SAID SOUTHEAST QUARTER, 57.63 FEET; THENCE
SOUTH 60 DEGREES 30 MINUTES 33 SECONDS WEST 174A3 FEET, THENCE SOUTH
29 DEGREES 29 MINUTES 27 SECONDS EAST MOO FEET. TMEENR SOUTHERLY.
ALONG A CURVED UN E. CONCAVE WESTERLY AND HAVING A RADIUS OF 200.00
FEET, AN ARC DLSTANCE OF 804:03; THENCE SOUTH 00 DEGREES 19 MINUTES 32
SECONDS WEST. PARALLEL WITH THE EAST LDIE OF SAID SOUTHEAST QUAMT134
413.63 FEET TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER. THENCE SOUTH
89 DEGREES 26 MINUTES 13 SECONDS EAST, ALONG THE SOUTH LINE 01' SAID
SOUTHEAST QUARTER, DOM FEET TO THE POINT Of SEGINNING. ALL mH WEJ.
COUNTY, ILLINOIS.
1EOF II4
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this Agreement. The DEVELOPER shall request acceptance in writing and shall
provide the VILLAGE with a bill of sale for the public improvements to be conveyed
and a maintenance guarantee in the form of a letter of credit in an amount of ten percent
of the original amount of the letter of credit. Said maintenance guarantee shall be
available to the VILLAGE for a period of two (2) years after the effective date of
acceptance of the public improvements.
DEDICATION AND CONSTRUCTION OF STREETS; SIDEWALKS;
MISCELLANEOUS
1. Streets.
A. Access Road. The proposed Secondary Access Road along the Western
Boundary of the proposed Subdivision shall be extended to 127th Street and will be
engineered as an emergency access road (without curb) unless the VILLAGE is able to
acquire a right -of -way from the adjoining owner to the West, then to be improved as a street
according to Village Standards, If the VILLAGE is able to acquire the necessary
permissions, the DEVELOPER shall install an intersection approach that aligns centerline to
centerline with existing Smith Road. If the VILLAGE obtains the necessary permissions, the
DEVELOPER shall be responsible for all improvements north of the intersection of Smith
Road and 127th Street.
B. Construction Hours. The DEVELOPER shall be responsible for strict
observation of the construction hours regulations of the VILLAGE on behalf of all persons
and companies engaged in construction activity within the DEVELOPMENT, whether
related to the installation of public improvements or dwelling construction. It is agreed that
the VILLAGE shall issue stop -work orders, tickets and fines as reasonably necessary to
enforce its construction hour's regulations.
C. Maintenance. The DEVELOPER shall be responsible for maintenance of the
streets, including any damage incidental to the construction of dwellings in the subdivision
by other contractors, their subcontractors or suppliers.
D. Design and Standards. The design and construction standards for the network
of planned streets within the TERRITORY shall be in accordance with final engineering
plans as approved by the VILLAGE.
E. Debris. DEVELOPER shall be required to keep all streets within and
adjoining the TERRITORY free from mud and debris generated by any new construction
activity on the TERRITORY. Such streets must be cleaned at least once daily. For each day
that the streets are not cleaned as required hereunder during construction, DEVELOPER
shall be subject to a fine as provided in Section XX "Violation Penalty" of the Subdivision
11