O-21-11 Ord Authorizing Intergovt Agreement 113A Water MainOrdinance no. 2011 -0- L
AN ORDINANCE AUTHORZING THE EXECUTION OF AN
INTERGOVERNMENTAL AGREEMENT
(Public Utility Easement)
WHEREAS, the Illinois Constitution, 1970, Article 7, Section 16, authorizes units
of local government to contract or otherwise associate among themselves in any manner
not prohibited by law or by ordinance; and
WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq,
provides that any power or powers, privileges or authority exercised or which may be
exercised by a unit of local government of this State may be exercised and enjoyed
jointly with any other local government; and,
WHEREAS, the Village is desirous of acquiring a water main easement on real
estate owned by the Board of Education: and,
WHEREAS, the Board of Education has determined the Easement does not
interfere with the current and long term use of subject real estate; and,
WHEREAS, the Board of Education and the Village wish to collaborate to meet
the needs of the Village and the needs of the community, these public bodies have agreed
to enter into an Intergovernmental Agreement to grant subject Easement.
NOW, THEREFORE, in consideration of the foregoing Recitals and the
covenants and conditions hereinafter contained, the adequacy and sufficiency of which
the parties hereto hereby acknowledge;
BE IT ORDAINED BY THE Mayor and Village Board of the Village of Lemont,
Lake County, Illinois, as Follows:
SECTION 1: That the President be and is hereby authorized and directed, and
the Village Clerk is directed to attest to a document known as the "Grant of Pernament,
Temporary and Access Public Utility Easement," a copy of which is attached hereto and
made a part hereof.
SECTION 2: That the Village Clerk of the Village of Lemont be and is directed
hereby to publish this Ordinance in pamphlet form, pursuant to the Statutes of the State of
Illinois, made and provided.
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SECTION 3: Should any Section or provision of this Ordinance be declared by
a Court of competent jurisdiction to be invalid, such decision shall not affect the validity
of the Ordinance as a whole or any part thereof other than the part declared to be invalid_
SECTION 4: This ordinance shall be in full force and effect from and after its
passage, approval and publication as provided by law.
(Remainder of this Page intentionally blank)
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PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL,
AND DUPAGE, LLINOIS, on this a8 day of ��L,�,�, ,, , 2011.
PRESIDENT AND VILLAGE BOARD MEMBERS:
AYES: NAYS: ABSENT: ABSTAIN
Debby Blatzer ✓
V
Paul Chialdikas v
Clifford Miklos �[
Ron Stapleton
Rick Sniegowski
Jeanette Virgilio
ATTEST:
CHARLENE M. SMOLLEN
Village Clerk
4
BRIA K. REAVES
President
PREPARED BY:
Hinshaw & Culbertson LLP
14 West Cass St., 3rd Floor
Joliet, IL 60432
Attn: Scott E. Nemanich
RETURN TO:
Village of Lemont
Village Clerk's Office
418 Main St.
Lemont, IL 60439
GRANT OF PERMANENT, TEMPORARY AND ACCESS
PUBLIC UTILITY EASEMENT
TO THE VILLAGE OF LEMONT COOK AND DUPAGE, ILLINOIS
(P.I.N.S 22 -29- 402 -014; 22 -29- 402 -015; AND 22 -29- 402 -016)
In consideration of Ten and no /100 ($10.00) Dollars and other good and valuable
consideration, the Board of Education of LEMONT - BROMBEREK COMBINED SCHOOL
DISTRICT 113A (hereinafter referred to as GRANTOR), hereby grants unto the VILLAGE OF
LEMONT, an Illinois Municipal Corporation, (hereinafter referred to as LEMONT), its
successors, designees and assigns, forever, an exclusive permanent and perpetual right and
public utility easement (PERMANENT EASEMENT), in, upon, along, under, across, and
through the property described as Public Utility Easement in Exhibit" A" attached hereto and by
reference specifically made a part hereof including but not limited to the right to enter upon, use,
install, construct, reconstruct, operate, maintain, repair, replace and renew potable water, the
potable water main, lines, pipes, and all other appurtenances and equipment incidental to, or
necessary or convenient for LEMONT in furnishing or allowing the Public Utility Easement to
be used for potable water and the potable water main.
The GRANTOR further grants unto LEMONT, its successors and assigns, a Temporary
Construction Easement (TEMPORARY EASEMENT), in, along, upon, across, and through the
40168695v1 0793984 50885
property described as TEMPORARY CONSTRUCTION EASEMENT in Exhibit "A" which is
attached hereto and by reference specifically made a part hereof, including the right to enter
upon, traverse, use, store and place materials, equipment and supplies upon the TEMPORARY
EASEMENT to facilitate LEMONT's projects to install, construct, reconstruct, operate,
maintain, repair, replace and renew potable water and a potable water main, lines, pipes and all
other appurtenances and equipment incidental to, or necessary or convenient for LEMONT in
furnishing or allowing the Public Utility Easement to be used for potable water and a potable
water main. The PERMANENT and TEMPORARY EASEMENTS are sometimes hereinafter
collectively referred to as the EASEMENT PROPERTY.
The Grantor further grants onto LEMONT, its Successors and Assigns, an Access
Easement in Exhibit "A" which is attached hereto and by reference specifically made a part
hereof, including the right to enter upon, traverse, use, store and place materials, equipment and
supplies upon the Access Easement to facilitate LEMONT's projects to install, construct,
reconstruct, operate, maintain, repair, replace and renew potable water and potable water main,
lines, and all other appurtenances and equipment incidental to, or necessary or convenient for
LEMONT in furnishing or allowing the Public Utility Easement to be used for potable water, and
a potable water main. The Permanent and Access Easements are sometimes hereinafter referred
to collectively referred to as the Easement Property.
LEMONT shall, after any excavation or construction within the EASEMENT
PROPERTY, fill, level and restore the surface of the ground or any improvements located
thereon to substantially the same condition it was in when entered upon by LEMONT. All,
water lines and other surface improvements that may be cut or disturbed during the course of
such excavation or construction to, shall be repaired by LEMONT at its own cost and expense
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40168695v1 0793984 50885
and restored to their respective conditions, as soon as practicable after such excavation or
construction is completed within a reasonable time. The EASEMENT PROPERTY will be
cleared of all debris or material accumulating thereon during its excavation or construction by
LEMONT. During any excavation and while any open ditch is allowed to remain upon the
EASEMENT PROPERTY, LEMONT will provide a cross -over so that the land owned by
GRANTOR will not be isolated from adjoining adjacent public roadways and there is always
access to the residences (if any) fronting on the EASEMENT PROPERTY.
GRANTOR hereby represents, warrants and acknowledges to LEMONT that ownership
of, control of, and title to any and all public utilities including potable water, lines, pipes, water
main(s) and all other equipment, appurtenances or facilities which may be used by LEMONT in
connection with the PERMANENT EASEMENT is vested solely in LEMONT, free and clear of
all encumbrances or claims by GRANTOR, its grantees, successors or assigns.
GRANTOR reserves the right to use the EASEMENT PROPERTY in any manner not
inconsistent with the rights herein granted to LEMONT. GRANTOR agrees not to build,
construct or erect, nor permit others to build, construct or erect any buildings, structures or
improvements of any kind on, within, across, over, under or upon the PERMANENT
EASEMENT at any time on or within the TEMPORARY EASEMENT until it expires or a
waiver of this condition is received from LEMONT, nor allow the same to exist thereon without
the express prior written consent of LEMONT.
GRANTOR represents and warrants to LEMONT that it is the sole record fee title owner
thereof and there are no liens, encumbrances on or affecting the EASEMENT PROPERTY.
The TEMPORARY CONSTRUCTION EASEMENT shall remain in effect for a period
of three (3) years from the date hereof unless sooner terminated by LEMONT.
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40168695v1 0793984 50885
In further consideration of the granting of said easements and /or easement property,
LEMONT hereby gives GRANTOR a credit of $4,500.00 off of utility bills due LEMONT by
the GRANTOR.
LEMONT further agrees to hold harmless, indemnify and defend GRANTOR from any
and all claims, demands, liabilities, and suits in law or in equity that may arise from or out of the
performance of this agreement unless any such claims are solely due to the negligence or
intentional misconduct of GRANTOR.
This EASEMENT and all the terms and conditions hereof shall run with the land and
shall be binding upon and shall inure to the benefit of the legal representatives, successors,
grantees and assigns of both parties hereto.
In the event that any of the terms of this agreement are found invalid, such invalidity
shall not impair the validity of any other provisions. If any provision of this agreement is
determined by a Court of competent jurisdiction to be unenforceable, that provision shall be
severed or modified by said Court.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
02`1' of February, 2011.
Attest:
harlene Smollen, Village Clerk
Village of Lemont, an Illinois Municipal
Corpor
B
/Brian K. Reaves, Vil age President
Board of Education of Lemont - Bromberek
Combined School District 113A
By:
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40168695v1 0793984 50885
Attest:
Andreas Taylor, Secretary of the Board of
Education
5
Lisa Wright, President of the Board of
Education
40168695v1 0793984 50885
P.I.N. 22 -29 -402 -014
P.I.N. 22 -29 -402 -015
P.I.N. 22 -29- 402 -016
COMMON ADDRESS:
1130 KIM PLACE
LEMONT, ILLINOIS 60439
PLAT OF EASEMENT
FOR WATER .MAIN PURPOSES
GRANTED TO THE VILLAGE OF LEMONT
OVER
THE NORTH 20 PEET OF THE NORTH 30 ACRES OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 29. TOWNSHIP 37
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST OF THE WEST RICHT -OF -WAY LINE OF CHEROKEE PLACE
PORTION OF 1110 SOUTHERLY EXTENSION OF M PLACE AND KIP PLACE AS PREVIOUSLY DNEDICATED PER DOCUMENT 95017308,
IN COOK COUNTY, RhJN01S.
33'
33'
128.21'
12$21
NORTH U NE OP THE NORTH 30 ACRES
OF THE SOUTHWEST 1/40F THE
SOUTHEAST 1/4 SECTION 2937 -11
it
Y
33' 33'
5.61JY
2D FOOT WIDTH
WATER MAN EASEMENT
HEREBY GRANTED
17821'
240.53'
12821
DEDICATED PER DOC. 95017308
THE NORTH 30 ACRES OF THE SOU INVEST 1/4 OF THE SOUS-
-015
-016
EAST 1/4 OF SEC. 29 -37 -11
-014
128,21'
SCALE: 31/4100'
WATER MAIN EASEMENT PROVISIONS
A NON- EXCLUSIVE, PERPETUAL EASEMENT IS RESERVED AND GRANTED FOR THE VILLAGE OF LEMONT OVER ALL AREAS MARKED 'WATER MAIN
EASEMENT' FOR THE PERPETUAL H��EOPERTEE WATER MAIN SYSTEM AND ALL NECESSARY VALVES, HYDRANTS AND OTHER STRUCTURES AND APPURTENANCE'S AS
MAY BE DEEMED NECESSARY BY SAID VILLAGE, OVER, UPON, ALONG. UNDER AND THROUGH SAID INDICATED EASEMENT, TOGETHER WITH RIGHT OF
ACCESS ACROSS THE PROPERTY FOR NECESSARY PERSONNEL AND EQUIPMENT TO DO ANY OF THE ABOVE WORK. NO PERMANENT BUILDINGS OR
STRUCTURES SHALL BE PLACED ON SAID EASEMENT,
OYNiER'S tcFRTIFICA1I
STATE OFIWNQIB )
COUNTY OF COOK ) 0&
I, Uss E VAlaht Presided m(the Board W Education 01 Lemod- Brombeek Combined Seed District 1151, do
hereby cagy that said Debit/ District 1s the ow11er of the properly depam0d hereon and do hereby cm ord to
11e deeos6on for Pablo Highway end Public Uel y purposes pod 1NO consent to the grant of easement for
Rnadney and THOM Coned Signal MWnleenCe as crown hereor4 far the MSard Papas therein cat 1454
and dofereby581 o Ledge and adapt 9esane under the style wddee heron Grim
I. Lys E Wright Preelde6 of the Baal of Edreaam of Lemom- 8rMrherek Combined Sled (Mee 1154
further certify gas there are no unpaid defend Installments or autatanWig ugeid spade asseeNmkdsamong
Vie land daaked and Mom on see c cao:500 plat ors it any of aced Installments we not pad, then such
1Ntetnema lave been divided In a000nle one web the dedication and eppnoved by the pout which =limed
515.pecial aseasrneu and the proper condo of any sod, weal amecrosrd has m carMed such division
on the face or doe sexual onps .
Dated Wds_day of .7011.
93' Use E. WrIeld
Presided of the Bad of Education of Lemont.Smtnberek Crknbina t School Diah14113A
Attest Andress Taylor
Secrets/ of hie Bad of Fducdon of Lamont- BromhedcCohered School Diydd113A
STATE OF ILLINOIS
COUNTY OF COOK ) SS.
Approved and accepted by the President and Booed of Trustees or the
V20147s 0f Wool. Cook We, and DuPage Caadle0. Rseis d a Pohl: Mewing hetd:
nth day of ,20 11 .
By:
President
YdgaCbk
AF1Ell RECOgD0 4 PHASE WORN TO
THE VLLASE OF LWWQNT
415 Nei STREET
LEMONT, 51W06 604311
121
110TARY CERTIFICATE
STATE OFIWNOIB )
COUNTY OF COOK ) S&
, a Notary Public in and krmid Catoty in the State a1o1Wd. do hereby certify
Net Um E. YNislfpnd Anthem Taylor peraonery Hewn to me to be the some persons whose names are
stdcamed to the foregoing Instrument as axh Presided and BeaeYny raaperSvely, wowed before roe this
day in parson and atloweed9ed that tub aimed the Imld hehharnent ee their dwn free end wtu4ry ao fa the
0ms end papaw therein set fan
Given under my/and and Ndadel Seek
This ,, day e4
89
,2D 11 .
Notary POWIo
STATE OF IWNOIS) &5
COUNTY OF Du PAGE )
1, JAMES L CAINKAR, AN WNW PROFESSIONAL
LAND SURVEYOR, 130 HEREBY CERTIFY THAT THE
PLAT AS HEREON DRAWN IS A CORRECT
REPRESENTATION OF THE PROPERTY DESCRIBED IN
THE FOREGOING CAPTION.
DATED AT N1LL0
OF .0 43489 A
8015, THIS 1311). DAY
JAMES CAIFIKAR
EUN013 PROFESSSRUHAL LAND SURVEYOR
No. 2658
EXPIRES 11 -30 -2012
DATE: 1/13/11
JAMPS L CMNKAR, P.E.
11.. P.LS. NO. 2656
MUMS 11-30-12
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