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
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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