R-59-10 - Res Temporary Construction Easement St PatRESOLUTION R : } cD
RESOLUTION ACCEPTING A
TEMPORARY CONSTRUCTION EASEMENT
P.I.N. 22 -20- 315 -001
P.I.N. 22 -20 -315 -009
P.I.N. 22- 20- 315 -008
WHEREAS, the Village of Lemont needs to be granted a Temporary Construction Easement for
fence and guardrail removal and replacement, as well as for operation of construction equipment,
from the Catholic Bishop of Chicago (St. Patrick's Church); and
WHEREAS, said Temporary Construction Easement allows for the installation and construction of a
12 -inch water main within the adjacent right -of -way of State Street, for the benefit of other parties.
NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Lemont
that the Temporary Construction Easement attached hereto is 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 25th day of October, 2010.
Debby Blatzer
Paul Chialdikas
Clifford Miklos
Rick Sniegowski
Ronald Stapleton
Jeanette Virgilio
AYES NAYS PASSED ABSENT
If
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Approved by me this 25th day of October, 2010.
Attest:
CHARLENE SMOLLEN, Village Clerk
Approved as to form:
Date:
CHARLENE SMOLLEN, Village Clerk
AN K. REA , Village President
Daniel P. Blondin, Village Attorney
TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE WITNESSETH, That the Grantor, the Catholic Bishop of Chicago, an
Illinois Corporation sole, of the County of Cook, and State of Illinois for and in consideration
of the sum of ten dollar ($10.00), in hand paid, the receipt of which is hereby acknowledged;
hereby represent that it owns the fee simple title to and do by these presents grant the right,
easement and privilege to enter upon the following described land, the Temporary Easement
area, unto the Village of Lemont, for the use of the Village of Lemont, Grantee, for the
purpose of removal and replacement of a fence and guard rail, and for operation of
construction equipment, to allow for the construction of a 12 -inch water main within the
adjacent right -of -way of State Street. The Grantee's temporary construction work in the
Temporary Easement Area shall be performed using due care in performing any such
temporary construction work so as not to (i) damage any of Grantor's improvements near the
Temporary Easement Area, or (ii) interfere with or adversely affect any of Grantor's activities
conducted on the balance of Grantor's property at St. Patrick's Parish in Lemont, IL. All
temporary construction work performed by or on behalf of the Grantee on and/or within the
Temporary Easement Area shall be performed free of liens so that Grantor's property shall be
remain free from any claim by way of lien or encumbrance caused by or arising out any such
work or repairs performed or contracted for by Grantee. If any such lien or claim for lien shall be
filed against Grantor's property arising out of any such temporary construction work, Grantee
shall immediately cause the release of any such lien or claim for lien or bond over such lien or
claim for lien in a manner satisfactory to Grantor. The Grantee shall conduct all activity on the
Temporary Easement Area in compliance with all applicable present and future federal, state,
municipal and other governmental statutes, ordinances, regulations, orders, directives and
interpretations thereof, and all present and future requirements of common law, including, but
not limited to, laws relating to safety, health and environmental concerns.
The Grantee hereby undertakes and agrees to indemnify, defend, save and keep harmless the
Grantor and its guests, invitees, employees, tenants, subtenants and licensees, (collectively, the
"Indemnified Parties ") from and against any loss, cost, damage, liability, claim or expense,
including attorneys' fees, which any of the Indemnified Parties may suffer, incur or sustain from
or arising out of (a) any injuries to or death of any person or persons, or damage to or loss of
any real or personal property, resulting from the Grantee's (or Grantee's officers', employees',
agents', contractors', subcontractors' and their respective authorized persons') entry upon
Grantor's property and their presence thereon, and /or operation(s) and /or activity(ies) related to
the temporary construction work, in, on, upon, over, under, along, across and through the
Temporary Easement Area; (b) any acts or omissions of the Grantee (or Grantee's officers,
employees, agents, contractors, subcontractors and their respective authorized persons); and
(c) any breach, default or other failure of the Grantee to perform its covenants and obligations
under this Temporary Construction Easement; provided, however, that nothing herein contained
shall obligate the Grantee to indemnify the Grantor from any liability arising out of any grossly
negligent acts of Grantor or Grantor's agents.
Prior to commencement of any work, the Grantee or its contractor shall provide to Grantor a
Certificate of Insurance naming the Grantor (which shall be designated on said Certificate as
"The Catholic Bishop of Chicago, an Illinois corporation sole "), the Grantee, and their respective
officers, employees, agents, and volunteers as additional insured evidencing coverages
providing the following: comprehensive general liability and auto liability coverage in statutory
amounts in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate; workers'
compensation coverage in statutory amounts; and $3,000,000 in excess coverage.
Exhibit 4.08M
Page 1 of 3
Promptly following the performance of temporary construction work on the Temporary
Easement Area, the Grantee, at the Grantee's sole cost and expense, shall promptly repair,
replace and restore such area and /or improvements disturbed by such work to a condition that
is equal or better than that which existed prior to the start of construction work within the
Easement Area. Grantee's foregoing obligation expressly includes replanting grass,
reinstalling the guard rail, and paying labor and installations costs and expenses for a new
fence to be selected by St. Patrick's Parish (it being understood that St. Patrick's parish shall
pay for the fence itself).
Legal Description of Temporary Easement Area
The west 10 -feet of Lots 6 and 7, in Block 8, in the "Village of Lemont ",
Recorded August 8, 1874, as Document 184242 in Cook County, Illinois.
The right; easement and privilege granted here it shall terminate on the 15th day of
December, 2010, or on the completion of the water main project, whichever is the sooner.
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and seal this day of
2010.
STATE OF
COUNTY OF
Signature:
Printed Name:
Title:
Ths
THE CATHOLIC BISHOP OF CHICAGO
1, , a Notary Public in and for said County
and State aforesaid, do hereby certify that who is
personally known to me to be the same person whose name is subscribed to the foregoing
instrument, appeared before me this day in person and acknowledged that he signed, sealed
and delivered the said instrument as his free and voluntary act, for the uses and purposes
therein set forth, including the release and waiver of the rights of homestead.
Given under my and notarial seal this day of A. D., 2010
(SEAL)
MY COMMISSION EXPIRES , 2010.
Notary Public
Exhibit 4.08M
Page 2 of 3
VILLAGE OF LEMONT
STATE OF ILLINOIS
COUNTY OF COOK, DU PAGE & WILL
ss
Approved by the President and Board of Trustees of the Village of Lemont, Cook County,
Illinois, at a meeting held on the 25th day of October, A.D., 2010.
Attest:
Village President ( rian K. Reaves)
illage Clerk (Charlene M. Smollen
VILLAGE BOARD NOTARY CERTIFICATION
STATE OFa5 ---.
COUNTY OF
ss
e�`) 0r✓vyo , a Notary Public in and for said County, in
the State afore . do hereby certify that Brian K. Reaves and Charlene M. Smollen,
personally known . me to be the same persons whose names are subscribed to the
foregoing instrument, appeared before me this day in person and acknowledged that he /she
signed and delivered the said instrument as his /her own free and voluntary act for the uses
and purposes set forth.
Dated this ZS day of COGIzoriAr A. D., 2010
Q
c�S
Notary Public
OFFICIAL SEAL
ROBEMAY YATES
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 8.132012
Exhibit 4.08M
Page 3 of 3