R-12-09 Res. Sidewalk Easement Lemont Bs ParkRESOLUTION .o6(
RESOLUTION ACCEPTING A SIDEWALK, PUBLIC UTILITY
AND DRAINAGE EASEMENT
WHEREAS, the Village of Lemont has received a Plat of Easement for Sanitary Sewer
Purposes from the managing owner of the Lemont Business Park property, and
WHEREAS, said Sanitary Sewer Easement allows for the operation, maintenance, and
installation of sanitary sewers in the easement.
NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the
Village of Lemont that the Plat of 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 23rd
day of February, 2009.
Brian Reaves
Debby Blatzer
Peter Coules
Ron Stapleton
Clifford Milkos
Jeanette Virgilio
AYES NAYS PASSED ABSENT
v
v
v
_Ea OLC� 1
CHARLENE SMOL Vi lage Clerk
Approved by me this 23rd day of February, 2009.
Attest:
JOH F. PIAZZA, ills ' e resident
il-446Xe-179 IMME
CHARLENE SMOLLEN, Village Clerk
Approved as to form:
Date:
John Antonopoulos, Village Attorney
Doc #: 0917610028 Fee: $120.00
Eugene "Gene" Moore
Cook County Recorder of Deeds
Date: 06/25/2009 01:31 PM Pg: 0
P.7.N 22- 14 -00.021
22- 84-47777026
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This instrument was prepared by
And after recording should be
returned to:
Dariusz T. Wator, Esq.
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Doc #: 0905846000 Fee: $52.00
Eugene "Gene" Moore RHSP Fee:$10.00
Cook County Recorder of Deeds
Date: 02/27/2009 08:48 AM Pg: 1 of 9
Public Utility Easement
This Public Utility Easement Agreement ( "the Agreement ") is made this -7' day
20 , by and between Stanley Bafia, Irena Janas and Chicago
Land Trt st Company as Successor Trustee Under Trust Agreement ncato Title
1999 and known as Trust Number 16452 g ment dated October 7,
liability company organized under the laws of the State of Il inois ( "6500 College ll a limited
LLC ").
Recitals
i
1. Atlantis is the owner of certain real property commonly known as 12420
S. Archer Avenue, Lemont, Illinois and legally described on Exhibit "A" attached
hereto and incorporated herein by reference (hereinafter "the Atlantis Property").
2. The 6500 College LLC is the owner of certain real property commonly
known as 12412 S. Archer Avenue, Lemont, Illinois and legally described on Exhibit
"B" attached hereto and incorporated herein by reference (hereinafter "the 6500
College LLC Property ").
3. The Village of Lemont, the municipality in which both the Atlantis
property and the 6500 College LLC Property are located.
4. Atlantis and 6500 College LLC desire to grant to the City of Lemont other
certain easements and rights -of- access over a portion of the front of the 6500 College
LLC Property for service and maintenance of water mains, pipes or conduits which
said easements and rights-of-access are depicted on Exhibit "C" attached hereto and
incorporated herein by reference (hereinafter "the Easement ").
Agreements and Provisions of the Easement
NOW, THEREFORE, in consideration of the mutual covenants contained herein
and other good and valuable consideration, the receipt and sufficiency of which is hereb
acknowledged, the parties hereto agree as follows: y
1. Recitals. All of the above recitals are incorporated herein and made a
part hereof, as if fully set forth in the text of this Agreement.
2. Grant of Easement. 6500 College LLC and Atlantis hereby grant to the
City of Lemont, a municipal corporation of Illinois, their successors, assigns, invitees,
and occupants jointly and severally, a perpetual non- exclusive easement over, upon
and across that portion of the 6500 College LLC Property and the Atlantis Property as
delineated within the lines marked as Public Utility Easement marked on Exhibit "C"
for the installation, construction, maintenance and free access to establish, relocate,
remove, renew, replace, operate, inspect, repair and maintain water mains, valves,
water service facilities, pipes, manholes and sewer connections and various utility
transmission systems and facilities used in connection with the underground
transmission and distribution of water , and such other facilities and appurtenances as
may be necessary or convenient for the transport of fresh water across the 6500
College LLC Property and the Atlantis Property from the nearest facility for such
transmission in, on, upon, over, through, across and under all of the real estate hereon
described as the Easement (as delineated on Exhibit "C" to this Agreement). Said
Easement being delineated by the solid lines and designations of width along the front
(south) of the 6500 College LLC Property and the Atlantis Property, together with the
right to install, repair, replace and maintain required service connections over or
under the surface of the 6500 College LLC Property and the Atlantis Property the
right to cut down, trim or remove any trees, shrubs, bushes or other plants or roots as
may be reasonably required incident to the rights herein given, and the right to enter
upon the 6500 College LLC Property and the Atlantis Property within the lines
marked as "Public Utility Easement" on Exhibit "C" without prior written consent of
6500 College LLC or Atlantis Property after the installation of any such facilities.
The grade, general shape and use of the 6500 College LLC Property and the Atlantis
Property shall not be altered in a manner so as to interfere with the proper operation
and maintenance thereof. Any damages a direct consequence of Atlantis, its
successors, assigns, invitees and occupants asserting its rights set forth above shall be
repaired by Atlantis. Such maintenance, repair, replacement or construction shall be
solely the expense of the City of Lemont.
3. Use of Easement and Facilities.
a. The Village of Lemont shall be responsible for the maintenance, repair
and improvement of the facilities constructed for water main service upon
completion of all construction work and acceptance of work by Village
inspectors. This responsibility shall be limited to that portion of said
facilities installed for the creation of water service to the Atlantis Property
and the subject of this Easement.
4. Easement Runs with the Land. The Easement granted herein shall
run with the land and inure to the benefit of and be binding upon the parties hereto,
their heirs, successors, assigns, legatees and successors -in- title, having or acquiring
any right, title, interest in any party of either the Atlantis Property or the 6500 College
LLC Property.
5. Miscellaneous.
a. This Agreement shall be governed by the laws of the State of Illinois.
b. The invalidity of any section of this Agreement shall not affect the rest of
the Agreement.
c. The parties acknowledge and agree that they have each contributed to the
drafting of this Agreement and there shall arise no presumption in favor of
or against any party as a result of any ambiguity in the language of this
Agreement.
d. No provision of this Agreement shall be waived or released except by
express written statement signed by the party against whom such waiver
would be asserted.
e. This Agreement may be executed in counterparts which, taken as a whole,
shall be deemed one and the same document.
The parties hereto have caused this Agreement to be executed on this
day of August, 2008.
Stanislaw Bafi
Irena Janas
STATE OF ILLINOIS )
SS
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid,
DO HEREBY CERTIFY that - 5\ _w Cis S - 111-AN.Q C, IrSq 1
, 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, seya1 this Day of 14 1., 4. ,S1 , 2008.
Commission expires 1 ri
TARY PUBLI
OFFICIAL SEAL
KATARZYNA ROK
Notary Public - State of Illinois
My Commission Expires Nov 9, 2009
EXCULPATORY CLAUSE FOR CHICAGO TITLE LAND TRUST COMPANY, AS
TRUSTEE UNDER TRUST NO. 16452 ATTACHED TO AND MADE A PART OF THAT
PUBLIC UTILITY EASEMENT WITH 6500 COLLEGE, LLC
It is expressly understood and agreed by and between the parties hereto, anything to the contrary
notwithstanding, that each and all of the warranties, indemnities, representations, covenants, undertakings
and agreements herein made on the part of the Trustee while in form purporting to be the warranties,
indemnities, representations, covenants, undertakings and agreements of said Trustee are nevertheless each
and every one of them, made and intended not as personal warranties, indemnities, representations,
covenants, undertakings and agreements by the Trustee or for the purpose or with the intention of binding
said Trustee personally but are made and intended for the purpose of binding only that portion of the trust
property specifically described herein, and this instrument is executed and delivered by said Trustee not in
its own right, but solely in the exercise of the powers conferred upon it as such Trustee; and that no
personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable
against CHICAGO TITLE LAND TRUST COMPANY, on account of this instrument or on account of any
warranty, indemnity, representation, covenant or agreement of the said Trustee in this instrument contained,
either expressed or implied, all such personal liability, if any, being expressly waived and released.
Date: August 7, 2008
CHICA1GO TITL
as Tru e as of
By:
Theresa DeVries,
Assistant Vice President
State of Illinois
County of Cook
SS.
I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that the
above named Assistant Vice President of CHICAGO TITLE LAND TRUST COMPANY, personally
known to me to be the same person whose name is subscribed to the foregoing instrument as such
Assistant Vice President, appeared before me this day in person and acknowledged that she /he signed and
delivered the said instrument as her /his own free and voluntary act and as the free and voluntary act of the
Company for the uses and purposes therein set forth, and the said Assistant Vice President caused the
corporate seal of said Company to be affixed to said instrument as his /her own free and voluntary act and
as the free and voluntary act of said Company for the uses and purposes therein set forth.
Given under my hand and Notarial Seal on August 7, 2008.
Notary Public
"OFFICIAL SEAL"
MARY M. PETRUSHA
Notary Public, State of Illinois
My Commission Expires 12/03/2008
The parties hereto have caused this Agreement to be executed on this
day of August, 2008.
Y E ATTACHED XCULP TO Y
FUSE FOR SIGNATURE
Chicago Title Land Trust Company as Successor Trustee Under Trust Agreement dated
October 7, 1999 and known as Trust Number 16452
STATE OF ILLINOIS
SS
COUNTY OF COOK
I, the undersigned, a Notary Public in and for said County, in the State aforesaid,
DO HEREBY CERTIFY that
, 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
Commission expires
Day of , 2008.
NOTARY PUBLIC
he parties hereto have caused this Agreement to be executed on this
day of Agge-eit 2008.
•
ages, . 01
STATE OF ILLINOIS
SS
COUNTY OF COOK
I, the undersigned, a Notary Public in and for said County, in the State aforesaid,
DO HEREBY CERTIFY that S c. a r o
, 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 _
t l� ,2 0 /.2
Commission expires
N
TARY PUBLIC
Day of
"OFFICIAL SEAL"
Michelle M. Mitchell
Notary Public, State of Illinois
My Commission Expires July 11, 2012
2008.
The parties hereto have caused this Agreement to be exc. u ed on this
day of -August, 200467— rk-1a.c u (12A/:(:), Zeaoci
for, Vill ge of Lemont
STATE OF ILLINOIS
SS
COUNTY OF COOK
I, the undersigned, a Notary Public in an for said Coun y, in the State . foresaid,
DO HEREBY CERTIFY that JolAii 1. t i etz.2.. c t #.. _ .:AA
personally known to me to be the sannc persons whose names
are subscribed to the foregoing instrument, appeared before me .hs day in person, and
acknowledged that they signed, sealed and delivered the said ii;. trument as their free and
voluntary act for the uses and purposes therein set forth, includi' ig the release and waiver
of the right of homestead.
Given under my hand and official seal this 23
Day of
Commission expires
NOTARY PU
IC
OFFICIAL SEPAL.
ROSEMAY YATES
NOTARY Pt10ltc, STATE OF ILLINOIS
MY COMMISSION EXPIRES 8.13 -2012
, 200k
Area Survey Company, P.C.
A15915 S. Crystal Creak Drive, Salto H
H10rner Glen. 111144010 60491
STATE OF ILLINOIS )
SS.
COUNTY OF COOK )
SEWER & WATER EASEMENT
GRANTED TO: THE VILLAGE OF LEMONT
fNl17NMEST CORNER OF DE 0DU1HRb3T 1/4 OF 5EG :27 -37-11
NORM LIE OPINE Sp17NIM:ST 1/4 OF SEE 27-37 -11
S 8953an E (A5AWm)
1272A'7f30
127ERY OCAS)
Phone, (708) 348 -7381
Fax: (708) 349 -7372
E —mail: oreasurveyCgmal.0Om
LEGAL DESCRIPTION
THE SOUTHERLY 10 FEET OF THE FOLLOWING DESCRIBED PARCEL: THAT PART
OF LOT 21 IN COUNTY CLERK'S DIVISION OF SECTION 27. TOWNSHIP 37
NORTH, RANGE 11 EAST OF THE THIR0 PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT A POINT ON THE NORTH UNE OF THE SOUTHWEST
QUARTER OF SAID SECTION 27, WHICH IS 127240 FEET EAST OF THE
NORTHWEST 03RNER OF SAD SOUTHWEST QUARTER OF SAID SECTION 27:
THENCE EAST ALONG 111E NORTH UNE OF SAID SOUTHWEST QUARTER 108.40
FEET: THENCE SOUTHEASTERLY ON A UNE AT AN ANGLE OF 67 DEGREES 19
MINUTES, DEFLECTED TO THE SOUTH FROM THE NORTH UNE OF SAID
SOUTHWEST WARIER OF A DISTANCE OF 860.35 FEET TO THE CERNIRUNE
OF ARCHER ROAD: 'THENCE SOUTHWESTERLY ALONG THE CENTERUNE OF SAID
ROAD, DISTANCE OF 106.25 FEET: THENCE NORTHWESTERLY ON A STRAIGHT
UNE 938,00 FEET TO THE POINT OF BEGINNING, EMCEP11N0 FROM FOREGOING
PREMISES THAT PART THEREOF LYING NORTHERLY OF A LINE CONNECTING
DID -POINT OF THE DIO R1HEAS1ERLY UNE AND THE SOUTHWESTERLY UNE
THEREOF AND EXCEPTING THAT PART THEREOF CONVEYED TO THE STATE OF
ILLINOIS DEPARTMENT OF TRANSPORTATION FOR ROAD PURPOSES AS SET
FORTH IN 000.1MENT NUMBER 25289820, ALL IN COOK COUNTY. IWNOIS
REG error
WE, 6500 COLLEGE, LLC., D0 HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE
PROPERTY DESCRIBED IN THE CAPTION ABOVE AND THAT AS SUCH OWNERS WE HAVE
CAUSED THE SAID ABOVE DESCRIBED PROPERTY TO BE PLATTED AS INDICATED
HEREON FOR THE USES AND PURPOSES THEREIN SET FORTH, AS OUR OWN FREE AND
VOLUNTARY ACT AND DEED.
ATTEST
A.D 20.
STATE OF ILLINOIS )
5.5.
COUNTY OF COOK �)f, /, nR1,�' ,q,R p�
ST AFORESAID. DO HEREBY CERTIFY THAztOr.Yr.s:C78F I4.-c -' FO14440 COUNTY AND
RESPECTIVELY THE /)., AND OF
6500 COLLEGE. LLC., PERSONALLY KNOWN T 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 AND DELIVERED THE SAID INSTRUMENT
AS 111 R OWN fREE AND VOWNTARY ACT FOR THE USES AND PURPOSES THEREIN SET
FORTH, (..1'...4
._DAY UNDER MY HAND AND SEAL THIS DAY OFMf A.D 2022
(/�NI jf
SlelsofEnss
N•�ARY PUBLIC MICmroe 01 m1112DI2 1
N
P.I.N.: 22 -27 -300 -035
STATE OF IWNOIS )
COUNTY OF COOK)
APPROVED AND ACCEPTED BY THE MAYOR AND CI COUNCIL OF VILLAGE OF LEMONT,
WILL COUNTY, ILLINOIS, AT A 1,11 TING HELD THIS DAY OF r+ 14M9., A.D
EASEMENT PROVISIONS
AN EASEMENT FOR SERNNO 1246 030001510N AND OTHER PROPERTY
IS HEREBY RESERVED FOR AND GRANTED TEL
VILLAGE OF LEMONT
THEIR RESPECTIVE SUCCESSORS AND ARSONS, JOINTLY AND SEVERALLY, TO INSTALL OPERATE.
MAINTAIN AND ROIOVE, FROM 1114E TO TIME, FACILITIES USED IN CONNECTION MM OVERHEAD AN0
UNDERGROUND TRANSMISSION A710 DISTRIBUTION OF ELECTRICITY AND SOUNDS AND SIGNAL.$ WATER
MANS AND SEDERS. GAS MAINS AND ALL APPURTENANCES IN. OVER, UNDER. ACROSS, ALONG AND
UPON THE SURFACE OF THE PROPERTY SHOWN ATHMI THE DASHED LINES CR THE PLAT ANO
MARKED 'EASEMENT'. THE PROPERTY DESIGNATED IN THE DECLARATION OF COIDOMNMM AND /OR
CH TINS PUT AS 'COMMON ELEMENTS'. AND THE PROPERTY DESIGNATED ON TIE PLAT AS A
'COINON AREA OR AREAS'. AND THE PROPERTY DESIGNATED ON THE PLAT FOR STREETS AND
.ALLEYS. NETHER PUBLIC OR PRIVATE, TOGETHER VAIN THE RIGHT TO INSTALL REWIRED SERVICE
CONNECTIONS OVER OR UNDER THE SURFACE Or EACH LOT AN0 COMMON AREA OR AREAS TO
SERVE IMPROVEMENTS THEREON. OR ON ADJACENT LOTS, AND COMMON AREA OR AREAS, THE RIGHT
TD CUT. TRW OR REMOVE TREES. BUSHES AND ROOTS AS MAY BE REASONABLY REWIRE INCIDENT
TO THE RIGHTS HEREIN GIVEN. AND THE RIGHT TO ENTER UPON THE SUMMED PROPERTY FOR
ALL SUCH PURPOSES OBSTRUCTIONS SHALL NOT DE PLACED OVER GRANTEES' FACUTES OR IN
UPON OR OVER THE PROPERTY WHIN TIDE DASHED LINES MARKED 'EASEMENT WITHOUT THE PRIOR
MINIM CONSENT OF GRANTEES AFTER INSTALUTICN OF ANY SUCH FACTURES. ME GRADE Of'
DIE SULONDED PROPERTY SHALL NOT BE ALTERED IN A MANNER 50 AS TO INTERFERE MM IRE
PROPER OPERATIONS AND MAINTENANCE 1NEREOF.
ME TERM 'COMMON ELEMENTS' SHALL HAVE THE MEAN/NO SET FORM FOR SUCH TERM IN ME
'CONDOMNRIM PROPERTY ACT, CHAPTER 765 LCS 505/2(o), AS AMLHIIED FROM TINE 70 TIME
ME TERM 'COMMON AREA OR AREAS' O DEFINED AS A LOT. PARCEL OR AREA OF REAL
PROPERTY, THE BENEFICIAL USE AND ENJOYMENT OF 444001 I5 RESERVED IN MOLE AS AN
APPURTENANCE TO THE SEPARATELY OMIE0 LOTS, PARCELS OR AREAS WHIM THE PLANNED
DEVELOPMENT. EVEN COUGH SUCH BE OI141804 E DESIGNATED ON THE PLAT BY TERMS SUCH AS,
'OUTLOTS', 'COMMON ELEMENTS'. 'OPEN SPACE', 'OPEN AREA'. 'COMMON GROUND', 'PAIDON0 ANO
COMMON AREA'. THE TERMS 'C011610N AREA OR AREAS' AND 'COMMON ELEMENTS' INCLUDES REAL
PROPERTY SURFACED WITH INTERIOR O6VEWATS AND WALKWAYS. BUT EXCLVDES REAL PROPERTY
PHYSICALLY OCCUPIED BY A MILANO. SEANCE BUSINESS DISTRICT OR STRUCTURES SLOT AS A
POOL OR RETENTION POND, OR MECHANICAL EQUIPMENT.
RELOCATION OF FACURES VAL BE OWE BY GRANTEES AT COST OF GRANTOR/LOT OWNER. UPON
MITTEN 8EOUE51.
PROPERTY ADDRESS:
12412 South Archer Avenue
Lemont, Illinois
Scale: 1" = 50' Order Number: 5876
Ordered By. STAN BAFIA
1c.
55000 \5600\5676\FealminlAat.p
12- 23-2W4 • CA
i
State of Illinois)
County of 1.811 )
This Professional Service conforms to the current Illinois Minknum
Standards for o Boundory Survey.
Field Work Was completed on MARCH 12, 2003
Skilled on DTI, 23RD day Of DECEMBER, 2008
- 0/V��.
ILUNOIS PROFESSIONAL LANG SURVEYOR N0. 2205
(License Expiration Dote: November 30, 2010)
Illinois Professional Design Firm No. 184- 002818
RESOLUTION U. De
RESOLUTION ACCEPTING A PUBLIC UTILITY EASEMENT
WHEREAS, the Village of Lemont has received a Public Utility Easement for public
utility purposes from the Owners of the Atlantis Banquet Facility property, and
WHEREAS, said Public Utility Easement allows for the installation, construction, and
maintenance of a sanitary sewer and appurtenances.
NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the
Village of Lemont that the Public Utility 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 23rd
day of February, 2009.
Brian Reaves
Debby Blatzer
Peter Coules
Ron Stapleton
Clifford Milkos
Jeanette Virgilio
AYES NAYS PASSED ABSENT
(U44,6.
CHARLENE SMOLLEN, Village Clerk
Approved by me this 23rd day of February, 2009.
Attest:
CHARLENE SMOLLEN, Village Clerk
JOHN . PIAZZA, Vil age Pr sident
Approved as to form:
John Antonopoulos, Village Attorney
Date: