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O-43-11 - Sidewalk Ease 1031 McCarthy III III TjL1ujtiJIIII II ._ Doc#: 1325416043 Fee: $142.00 Karen A.Yarbrough Cook County Recorder of Deeds Date: 09/11/2013 02:17 PM Pg: 0 VILLAGE OF LEMONT ORDINANCE NO. O-Li 3 -11 AN ORDINANCE AUTHORIZING GRANT OF PUBLIC SIDEWALK EASEMENT (1301 McCarthy Road) ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS j DAY OF ;;,u _ , 2011 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 i day of u,q_ , 2011. ..i.4 ° ' RECORD G FEE DATE 11 COPIES OK BY (---_= VILLAGE OF LEMONT ORDINANCE NO. O -14 '3 -11 AN ORDINANCE AUTHORIZING GRANT OF PUBLIC SIDEWALK EASEMENT (1301 McCarthy Road) ADOPTED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS ! DAY OF Jv , 2011 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 1'5 day of , 2011. Ordinance No. 043 41 AN ORDINANCE AUTHORIZING GRANT OF PUBLIC SIDEWALK EASEMENT (1301 McCarthy Road) WHEREAS, the Village Board finds that it is necessary, convenient and in the public interest to Grant a Public Sidewalk Easement (attached hereto as Exhibit A) with respect to the property located at 1301 McCarthy Road owned by Edie M. Walker ( "Owner "); WHEREAS, the Village Board desires to enter into a Letter Agreement (attached hereto as Exhibit B) which provides the Owner with additional consideration for the granting of said easement. BE IT ORDAINED BY THE VILLAGE PRESIDENT AND THE VILLAGE BOARD OF THE VILLAGE OF LEMONT, COOK, DUPAGE AND WILL COUNTIES, ILLINOIS, AS FOLLOWS: SECTION 1: The Village Administrator is authorized to take all necessary actions and execute all necessary documents, including but not limited to Exhibit A and Exhibit B, to implement this ordinance. SECTION 2: That the Village Clerk of the Village of Lemont be and is directed hereby to publish this Ordinance in pamphlet form. SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, on this 1'J day of iv , 2011. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN Debby Blatzer J Paul Chialdikas J Clifford Miklos v Ron Stapleton ✓ Rick Sniegowski J Jeanette Virgilio J 2 BRIAN Presi s n ATTEST: kih7 CHARLENE M. SIVYOLL EN Village Clerk 3 EXHIBIT A GRANT OF PUBLIC SIDEWALK EASEMENT (Between the Village of Lemont and Edie Me Walker) GRANT OF PUBLIC SIDEWALK EASEMENT KNOW ALL MEN BY THESE PRESENTS: That for and in consideration of the sum of Ten Dollars ($10), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor, EDIE WALKER ( "GRANTOR "), does hereby grant, bargain, sell, and convey to the Grantee, VILLAGE OF LEMONT, Counties of Cook, Will and DuPage, State of Illinois ( "GRANTEE "), a municipal corporation, a perpetual easement and right of way in, over, upon, through and under the following described premises: See Plat of Easement for Public Sidewalk Purposes attached hereto as Exhibit A. Commonly known as: 1301 McCarthy, Lemont, Illinois ( "PROPERTY ") The purpose of the easement is for the Grantee, its successors, assigns, employees, agents and other persons acting on behalf of the Grantee to install, extend, construct, repair, maintain, reconstruct, and operate: Public Sidewalk (as described in the attached Exhibit A) in, over, upon, through and under the premises hereinabove described. For the purposes herein set out, the Grantee, its officers, employees, agents, licensees, successors and assigns shall at all times have the rights and privileges described in Exhibit A. The Grantee shall hold harmless and indemnify the Grantor and its representatives, officers, employees, agents, and contractors from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including but not limited to, reasonable attorney fees, arising from or in any way connected with injury to or the death of any person or physical damage to any property resulting from any act, omission, condition, or other matter related to or occurring on or about the Grantor's Property as a result of the Grantee's exercise of its rights and obligations under this Grant of Easement and the public use of the sidewalk, except to the extent due to acts or omissions of the Grantor and /or its representatives, officers, employees, agents and /or independent contractors. This grant of easement shall run with the land and be binding upon the heirs, successors, administrators, assigns, agents, and employees of the Grantor. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal this day of , 201L EDIE WALKER, Grantor STATE OF ILLINOIS ) SS. COUNTY OF COOK ACKNOWLEDGEMENT I, the undersigned, a Notary Public, in and for the County and State aforesaid, do hereby certify, that EDIE WALKER personally known to me to be the same person whose name is subscribed to the foregoing instrument appeared before in person, and acknowledged that he /she signed, sealed and delivered the said instrument as her free and voluntary act, for the uses and purposes therein set forth, including the release and waiver of the right of homestead. GIVEN under my hand and notarial seal this day of , 2011. Notary Public Acceptance by Village of Lemont The above easement is hereby accepted by the Village of Lemont. VILLAGE OF LEMONT, a municipal corporation Dated: (0- ► ) - 24 11 By: IL-Br-Ian f.,� K. Reave Mayor Attest Village Clerk EXHIBIT B LETTER AGREEMENT (Between the Village of Lemont and Edie M. Walker) Village of Faith Mayor Brian K. Reaves Village Clerk Charlene M. Smollen Trustees Debby Blatzer Paul Chialdikas Clifford Miklos Rick Sniegowski Ronald Stapleton Jeanette Virgilio Administrator Benjamin P. Wehmeier Administration phone (630) 257 -1590 fax (630) 243 -0958 Building Department phone (630) 257 -1580 fax (630) 257 -1598 Planning & Economic Development phone (630) 257 -1595 fax (630) 257 -1598 ':ugnineermg Department phone (630) 257 -2532 fax (630) 257 -3068 Finance Department phone (630) 257 -1550 fax (630) 257 -1598 Police Department 14600 127th Street phone (630) 257 -2229 fax (630) 257 -5087 Public Works 16680 New Avenue phone (630) 257 -2532 fax (630) 257 -3068 www.Iemont.il.us Via First Class Mail Ms. Edie M. Walker 1301 McCarthy Road Lemont, IL 60439 Village of Lemont 418 Main Street a Lemont, Illinois 60439 June 8, 2011 Re: Letter Agreement between the Village of Lemont and Edie Walker Easement for Purposes of Installing a Sidewalk at 1301 McCarthy Road Dear Ms. Walker: This Letter Agreement will confirm the following additional terms with respect to the Grant of Permanent Sidewalk Easement being entered into between the Village of Lemont and yourself. The Village hereby agrees to the following in exchange for the easement: 1. Total compensation of $2,706.62 based upon a standard $2.00 per square foot (193.33 ft x. 7 ft wide x $2.00 /sf = $2,706.62); 2. The installation of a concrete driveway apron to match concrete installed for sidewalk; 3. In the event the previously installed drainage pipe is disturbed during construction, the Village will restore it to its original state at its own expense; 4. Two trees will be installed on the premises, as outlined in the construction plans; and 5. As a one -time only assistance to you, the Village will have the ditch to the south of the proposed sidewalk mowed and cleaned of debris. Based upon the construction timeline, this work will be completed after the installation of the sidewalk. If the terms of this Letter Agreement are acceptable to you, please sign and date the enclosed duplicate of this letter and return it to me. If you have any immediate questions, do not hesitate to call me. Sincerely, Ben Wehmeier Village Administrator AGREED: By: Date Edie M. Walker P.I.N. 22- 28- 200 -023 COMMON ADDRESS: 1301 McCARTHY ROAD LEMONT, ILLINOIS 60439 � T ye E EASEME FOR PUBLIC SIDEWALK PURPOSES GRANTED TO THE VILLAGE OF LEMONT OVER THE NORTHEASTERLY 7 FEET OF THE SOUTHWESTERLY 33 FEET (AS MEASURED PERPENDICULAR TO THE CENTERLINE OF McCARTHY ROAD) OF THAT PART OF LOT 1 OF MONAGHAN AND OTHER'S SUBDIVISION (ALSO KNOWN AS THE SUBDIVISION OF THE WEST 1/2 OF THE NORTHEAST 1/4) OF THE WEST 1/2 OF THE NORTHEAST 1/2 OF SECTION 28, LYING SOUTH OF A LINE THAT IS 100.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF LOT 43 OF D. KANDICH'S HILLCREST ESTATES SUBDIVISION EXTENDED WEST, ALL IN TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUN , ILLINOIS. NORTH LINE OF LOT 43 EXTENDED WEST 7 FOOT WIDTH PUBLIC SIDEWALK EASEMENT HEREBY GRANTED PUBLIC SIDEWALK EASEMENT PROVISIONS NON- EXCLUSIVE, PERPETUAL EASEMENT IS RESERVED AND GRANTE0 TO THE VILLAGE OF LEMONT OVER ALL AREA DENOTED AS PUBLIC SIDEWALK EASEMENT FOR THE PERPETUAL RIGHT, PRIVILEGE AND AUTHORITY TO CONSTRUCT, RECONSTRUCT, REPAIR, INSPECT, MAINTAIN, AND OPERATE SIDEWALK, TOGETHER WITH ANY AND ALL NECESSARY APPLIANCES AND OTHER STRUCTURES AND APPURTENANCES AS MAY BE DEEMED NECESSARY BY SAID VILLAGE, OVER, UPON, ALONG, UNDER, AND THROUGH SAID INDICATED EASEMENT, TOGETHER WITH RIGHT OF ACCESS ACROSS THE EASEMENT PROPERTY FOR NECESSARY PERSONNEL AND EQUIPMENT TO DO ANY OF THE ABOVE WORK. STATE OF ILLINOIS ) COUNTY OF COOK) S.S THIS IS TO CERTFY THAT IS THE OWNER OF RECORD OF THE PROPERTY DESCRIBED HEREON AND DOES HEREBY CONSENT TO THE EASEMENT GRANTED BY THIS DOCUMENT. DATED THIS DAY OF A.D. 2011. BY SIGNATURE ADDRESS STATE OF ILLINOIS ) COUNTY OF COOK ) SS A NOTARY PUBLIC IN AND FOR 1110 SAID COUNTY IN THE STATE AFORESAID, DO HEREBY CERTIFY THAT OF ARE PERSONALLY KNOWN TO ME TO BE THE SAME PERSON(S) WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS OWNER(S) 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 ACT OF SAID PERSON(S) FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF A.D. 2011. MY COMMISSION EXPIRES: NOTARY PUBLIC AFTER RECORDING PLEASE RETURN T0: THE VILLAGE OF LEMONT 416 MAIN STREET LEMONT, ILLINOIS 60439 SCALE: 1 " =60' CENTERLINE OF McCARTHY ROAD STATE OF ILLINOIS ) S.S COUNTY OF Du PAGE ) I, JAMES L. CAINKAR, AN ILLINOIS PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT THE PLAT AS HEREON DRAWN IS A CORRECT REPRESENTATION OF THE PROPERTY DESCRIBED IN THE FOREGOING CAPTION DATED AT WI OF MAY A.D NOIS, THIS 23rd DAY JAME - L. CAINKAR ILLINOIS PROFESSIONAL LAND SURVEYOR No. 2656 EXPIRES 11 -30 -2012 SI ATURE Y14,7 DATE JAMES L. CAINKAR, P.E. IL. P.L.S. NO. 2656 EXPIRES 11 -30 -12 DATE: 5/23/ 1 PROJECT NO. 10131 SHEET 1 OF 1 4163 COMMON A DRESS-023 PLAT OF EASEMENT 1301 McCARTHY ROAD FOR PUBLIC SIDEWALK PURPOSES LEMONT, ILLINOIS 60439 GRANTED TO THE VILLAGE OF LEMONT OVER ,\�\\ THE NORTHEASTERLY 7 FEET OF THE SOUTHWESTERLY 33 FEET(AS MEASURED PERPENDICULAR TO THE CENTERLINE OF McCARTHY ROAD) -u OF THAT PART OF LOT 1 OF MONAGHAN AND OTHER'S SUBDIVISION(ALSO KNOWN AS THE SUBDIVISION OF THE WEST 1/2 OF THE NORTHEAST 1/4)OF THE WEST 12 OF THE NORTHEAST 1/2 OF SECTION 28,LYING SOUTH OF A LINE THAT IS 100.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF LOT 43 OF D.KANDICH'S HILLCREST ESTATES SUBDIVISION EXTENDED WEST,ALL IN TOWNSHIP 37 NORTH,RANGE 11,EAST OF THE THIRD PRINCIPAL MERIDIAN,IN COOK COU ,ILLINOIS. SCALE I"=80' 165.11' I NORTH LINE OF LOT 43 EXTENDED WEST 0 0 0 4‘,SI kiiill I o 3 165.12' 11111111111 111111111111 Doc#: 1325416043 Fee:$142.00 Karen A.Yarbrough Cook County Recorder of Deeds Date:09/11/2013 02:17 PM Pg: 0 n N N { 1T, co fU lb filb ( /52),,,,x)(ye 7 F OT WIDTH PUBLIC 11■1„` SIDEWALK T ;1` HEREBY GRANTED,``, ^`` \7933, ``1, CENTERLINE OF MCCARTHY ROAD J \ N PUBLIC SIDEWALK EASEMENT PROVISIONS 4//////�����' PERPETUAL SIDEWALK EASEMENT FOR AND THE VILLAGER AUTHORITY TO ALL AREA \ VC DENOTED AS PUBLIC SIDEWALK EASEMENT FOR THE PERPETUAL RIGHT,PRIVILEGE AND AUTHORITY TO CONSTRUCT, RECONSTRUCT,REPAIR,INSPECT,MAINTAIN,AND OPERATE SIDEWALK,TOGETHER WITH ANY AND ALL NECESSARY APPLIANCES AND OTHER STRUCTURES AND APPURTENANCES AS MAY BE DEEMED NECESSARY BY SAID VILLAGE,OVER,UPON, ALONG,UNDER,AND THROUGH SAID INDICATED EASEMENT,TOGETHER WITH RIGHT OF ACCESS ACROSS THE EASEMENT \ PROPERTY FOR NECESSARY PERSONNEL AND EQUIPMENT TO DO ANY OF THE ABOVE WORK STATE OF ILLINOIS) STATE OF IWNOIS) COUNTY OF COOK) S.5 COUNTY OF Du PAGE)S.5 THIS IS TO CERTIFY THAT F 4,11 fi,ESiRI !; I,JAMES L CAINKAR,AN ILLINOIS PROFESSIONAL IS THE OWNER OF RECORD 0 THE PROPERTY DESCRIB' HEREON AND DOES HEREBY CONSENT TO THE EASEMENT LAND SURVEYOR,DO HEREBY CERTIFY THAT THE GRANTED BY THIS DOCUMENT. PLAT AS HEREON DRAWN IS A CORRECT DATED'THIS TTY SAY OF REPRESENTATION OF THE PROPERTY DESCRIBED IN A.D.,2011. THE FOREGOING CAPTION. ■ s BY s DATED AT WILLO : 1015, THIS 23LS1 DAY «• 7 -", OF MAY A.D. 20 X9516:E /� J' r40.:� L2� oft e. ..s OOFA NO 11991/1111 RE COMM 4�fY L*U VSrx•• �j� 4t fK� ' 636 CIWIa [ MM a JAM L CAINKAR lIl A.D. 55 ��. 40tig7 ,u MM ILLINOIS PROFESSIONAL LAND SURVEYOR No.2656 No.265 11-30-2012 4111111 STATEL�OF IWNOIS ) :r /� t *' 4. ..% 7"711• COUNT' OF COOK ) SS �YYaz..,..,r frw•-�- 44'O P�t C LJ r1rl I' yai A pp�� L.) A NOTARY PUBLIC IN AD.FOR THE SAID COUNTY IN THE STATE AFORESAID, cA ICk� UPS 4,S DQ HEREBY CERTIFY THAT l--ELRStOlN;A(Ll �,k� LOUIS TO ME TO BE THE SAME PERSON(S)WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING CAINKAR INSTRUMENT AS j.e; 4! EX.%)AND RESPECTIVELY,APPEARED BEFORE ME THIS DAY IN PERSON ��90pA1, 2656 •?moo AND ACKNOWLEDGED THAT THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT AND AS THE FREE AND VOLUNTARY ACT OF SAID PERSON(S) ,r Ff ,�� FOR THE USES AND PURPOSES THEREIN SET FORTH. _ �.,Ilr0 Lam• GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS IL n ' Applea .O. UN AY OF \a ta0' �-G i L-. '1 COMMISSION EXPIRES pL-GC::S `J{ J SIGNATURE ' lift- /4i;<jW'IL'i 1' ; C, �NO A Y PUBLIC �V DA AFTER RECORDING PLEASE REYURN TO: .TAMES L.CAINKAR,P.E. THE VILLAGE OF LEMONT .':,*'•. ,. IL.P.L.S.NO.2656 418 MAIN STREET EXPIRES 11-30-12 LEMONT,IWNOIS 800.78 DATE: 5/23/11 PROJECT NO. 10131 SHEET 1 OF 1 4163