R-48-09 Res. Execution of an Easement Agreement Between the Village of Lemont and Thomas G. Frantik and Bruce N. Geraskey (All Service Auto Repair) Relating to the Rudy Kling MuralRESOLUTION R- 3 4 09
A RESOULTION AUTHORIZING EXECUTION OF AN EASEMENT
AGREEMENT BETWEEN THE VILLAGE OF LEMONT AND
THOMAS G. FRANTIK AND BRUCE N. GERASKEY (ALL SERVICE
AUTO REPAIR) RELATING TO THE RUDY KLING MURAL
WHEREAS, the Village of Lemont seeks to enter into an easement agreement
with Thomas G. Frantik and Bruce N. Geraskey (All Service Auto Repair, 44 Stephen
Street, Lemont, IL) for the Rudy Kling Mural; and
NOW, THEREFORE BE IT RESOLVED by the Village President and Board of Trustees
of the Village of Lemont that the Village President is authorized to execute the Agreement
with All Service Auto Repair, attached hereto as exhibit A.
The Village Clerk of the Village of Lemont shall certify to the adoption of this
Ordinance and cause the same to be published in pamphlet form.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES ILLINOIS
on this t 44 Day of , �,: , 2009.
AYES NAYS PASSED ABSENT
4,
v
Debby Blatzer
Paul Chialdikas
Clifford Miklos
Rick Sniegowski
Ronald Stapleton
Jeanette Virgilio
Attest:
AN K. REA , Village President
II
iu
Doc #: 0925331075 Fee: $54.00
Eugene "Gene" Moore
Cook County Recorder of Deeds
Date: 09/10/2009 03:53 PM Pg: 1 of 10
RUDY KLING
MURAL EASEMENT
THIS DEED OF SCENIC, OPEN SPACE AND MURAL EASEMENT AND
CONSERVATION RIGHT, is made this tO day of August, 2009, by and between
Thomas G. Frantik and Bruce N. Geraskey, c/o Herbert J. Bell, Ltd., Attorney at Law,
902 Maple Avenue, P. O. Box 206, Downers Grove, Illinois 60515, Grantors and Village
of Lemont, a Municipal Corporation, Grantee.
WITNESSETH:
WHEREAS, Grantee is organized under the laws of the State of Illinois as a
Municipal Corporation to preserve and protect the public interest;
WHEREAS, Grantors are the owners in fee simple of certain property more
particularly described below, which real property is improved with a one -story brick
structure which Grantee will commission;
WHEREAS, the proposed Mural will be significant in Lemont history and culture
and will constitute an important element in heritage and visual beauty of the Village of
Lemont and should be preserved if possible;
WHEREAS, the grant of scenic, open space and mural easement and
conservation of right by Grantors to Grantee on the west exterior wall of the real
property referred to herein will allow Grantee to maintain the Mural and its historical and
cultural features;
WHEREAS, to these ends, Grantors desire to grant to Grantee, and Grantee
desires to accept this scenic, open space, mural easement and conservation right on
the west exterior wall of said building.
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NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and
valuable consideration, receipt and sufficiency of which by Grantors is hereby
acknowledged, Grantors do warrant, grant and convey unto Grantee irrevocably an
easement in gross and conservation right in perpetuity (which easement is more
particularly described below) in and to that certain real property (and the Mural, which is
located thereon) described as west wall of the following described property:
That part of Block 5 in Singer and Talcott and Stone and Company's Subdivision of that
part of the West Half of the South East' of Section 20, Township 37 North, Range 11,
East of the Third Principal Meridian, lying North of Illinois and Michigan Canal described
as follows: Beginning at a point on the Easterly Line of said Block 5 which is 105 feet
South Easterly of the North East Corner of said Block 5 measured along the said
Easterly Line; running thence South West parallel to the Northerly Line of said Block 5 a
distance of 180 feet; thence running South East parallel to the Easterly Line of said
Block 5 a distance of 105 feet more or less to the Northerly Line of Illinois and Michigan
Canal reserve strip; running thence North East along said Illinois and Michigan Canal
strip a distance of 180 feet to the Easterly Line of said Block 5; running thence North
West along the Easterly Line of said Block 5 distance of 105 feet more or less to the
place of beginning in Lemont, in Cook County, Illinois.
Property Address: 44 Stephen Street, Lemont, Illinois 60439
P1 N #: 22 -20- 403 - 006 -0000
(which real property together with the Building is referred to as the premises) In
delineation and furtherance of this grant and conveyance, Grantors and Grantee further
covenant and agree as follows:
1. In order to make more certain the full extent of Grantors' obligation and the
restrictions on the premises, and in order to graphically document the Mural as of the
date hereof, attached as Exhibit A and made a part hereof, is a drawing of the Mural. It
is stipulated by and between Grantors and Grantee that the Mural as shown on Exhibit
A is deemed to be the Mural of the date hereof.
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2. This Easement in gross and conservation rights and all terms, provisions and
covenants herein contained shall be deemed to run as a binding servitude for a period
of 20 years from the date hereof except that in the event the building should be
destroyed, the Easement shall terminate. The parties further agree that in the event the
building is sold to a bonafide purchaser, the Easement shall terminate at the option of
the Grantors. In furtherance of the Easement in gross and conservation rights herein
granted, Grantors covenant of themselves, to do (and refrain from doing as the case
may be) upon the premises each of the following stipulations, which stipulations it is
agreed contribute to a public purpose, in that they aid significantly in the conservation of
the Mural:
a. Without the express written permission of Grantee, no construction,
alteration, or remodeling or any other thing shall be undertaken on the premises that
would affect the Mural or increase or decrease the height of the building where the
Mural is located.
b. Nothing may be erected on the premises which would obscure any part
of the Mural to be visible from street level, except for temporary structures, such as
scaffolds needed to assist workmen.
c. The Grantors shall have no obligation to repair or maintain the Mural.
d. Any cost in maintaining or preserving the mural shall be by the
Grantees.
3. In the event of a violation of any covenant, stipulation, or restriction herein, in
addition to any remedies now or hereinafter provided by law, (a) Grantee may, following
notice to Grantors, institute a suit to enjoin by temporary restraining order, preliminary
3
injunction, and permanent injunction, such violation and to require the restoration of the
Mural; or (b) representative of Grantee may enter upon the premises, correct any such
violation, and hold Grantors responsible for the cost thereof which, until repaid, shall
constitute a lien on the premises. Grantee shall also have available all legal and
equitable remedies to enforce Grantors' obligations hereunder, and in the event
Grantors are found to have violated any of its obligations, Grantors shall reimburse
Grantee for any costs or expenses incurred in connection therewith, including court
costs and architects' and attorneys' fees. The exercise by Grantee of one remedy
hereunder shall not have the effect of waiving or limiting any other remedy, and the
failure to exercise any remedy shall not have the effect of waiving or limiting the use of
any other remedy or the use of such remedy at any other time.
4. Grantee shall indemnify and hold Grantors harmless from all claims
(including attorney's fees, costs and expenses of defending against such claims) arising
from the negligence or willful misconduct of Grantee or Grantee's agents or employees
in or about the property. Grantee shall indemnify and hold harmless the Grantors from
all claims (including attorney's fees, costs and expenses of defending such claims)
arising or alleged to arise from the acts or omissions of Grantee or Grantee's agents,
employees, licensees, invitees, contractors, or other persons accessing the property of
Grantors.
5. Restrictions, stipulations and covenants contained in this instrument shall
be inserted by Grantors, verbatim or by express reference in any subsequent deed or
other legal instrument by which it divests itself of either the fee simple title to or any
lesser estate in the premises or any part thereof.
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6. Grantee shall do and perform at its own cost all acts necessary to the prompt
recording of this instrument among the land records of the County of Cook, State of
Illinois, in the Office of the Recorder.
7. Except for the first mortgage lien subordinated hereto, Grantors warrant to
Grantee that no lien or encumbrance exists on the premises as of the date hereof.
Grantors shall immediately cause to be satisfied or release any lien or claim of lien that
may come to exist against the premises which would have priority over any of the rights,
title or interest of Grantee.
8. Any notice which either party hereto may desire or be required to give to the
other party shall be in writing and shall be mailed postage prepaid by registered or
certified mail with return receipt requested, or hand delivered — if to Grantors, then at 44
Stephen Street, Lemont, Illinois 60439, and if to Grantee, then at 418 Main Street,
Lemont, Illinois 60439. Each party may change its address set forth herein by a notice
to such effect to the other party.
9. Upon request by Grantee, Grantors shall promptly furnish Grantee with
evidence of Grantors compliance with any obligation of Grantors contained herein.
IN WITNESS WHEREOF, on the date first shown above, Grantors have caused
this Deed of Scenic, Open Space, and Mural Easement and Conservation Right to be
executed, sealed and delivered and Grantee has caused this instrument to be accepted,
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sealed, and executed in its corporate name by its President, and attested by its Village
Clerk.
GRANTORS:
ti
Thomas G. Frantik
GRANTEE:
Village of ont
By:
rian K. Reaves, illage President
%/I
Attest:
Bruce N. Geraskey harlene Smollen,
Village Clerk
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STATE OF ILLINOIS, COUNTY OF ss.
I, the undersigned, a Notary Public in and for said County, in the State
aforesaid, do hereby certify that Thomas G. Frantik and Bruce N. Geraskey, personally
known to me to be the same persons whose names are subscribed to the foregoing
instrument, appeared before me this day in person and acknowledged that they
signed, sealed and delivered the said instrument as their 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 official seal, this day of August, 2009.
Commission expires ,2009
Notary Public
STATE OF ILLINOIS, COUNTY OF 0 ,0® k.__ , ss.
I, the undersigned, a Notary Public, in and for said County, in the State
aforesaid, do hereby certify that Brian K. Reaves, President of the Village of Lemont,
a Municipal Corporation, and Charlene M. Smollen, Village Clerk, personally known to
be the same persons whose names are subscribed to the foregoing instrument as such
President and Village Clerk 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 the corporation, for the uses
and purposes therein set forth; and the said Village Clerk did also then and thereby
acknowledge that she, as custodian of the Corporate Seal of the corporation, did affix
the Corporate Seal to the instrument as her own free and voluntary act, and as the
free and voluntary act of said corporation, for the uses and purposes therein set
forth.
GIVEN under my hand and official seal, this
Commissio
ex i ::. IcIAL SGPL
NOTARY PUBLIC, STATE a ILLINOIS
MY COMMISSION EXPIRES 8-134012
This instrument prepared by:
Antonopoulos Et Virtel, P.C.
15419 127th Street- Suite 100
Lemont, Illinois 60439
(630) 257 -5816
Arlene /Forms /Village.Mural Easement
y of August, 2009.
7
Return recorded document to:
Antonopoulos Et Virtel, P.C.
15419 127th Street, - Suite 100
Lemont, Illinois 60439
(630) 257 -5816
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