R-11-09 Res Utility Easement Atlantis BanquetRESOLUTION R-1 i— o'
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 23"
day of February, 2009.
Brian Reaves
Debby Blatzer
Peter Coules
Ron Stapleton
Clifford Milkos
Jeanette Virgilio
AYES NAYS PASSED ABSENT
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CHARLENE SMOLLEN, Village Clerk
Approved by me this 23rd day of February, 2009.
Attest:
CHARLENE SMOL EN, Village Clerk
Approved as to form:
Date:
JOHN F. P AZZA, Villag - Pre
John Antonopoulos, Village Attorney
ent
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 aid 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 withhe 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 n' a: est facility for such
transmission in, on, upon, over, through, across and under 11 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 designatichs of width along the front
(south) of the 6500 College LLC Property and the Atlantis ;'r)perty, 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 tli Atlantis Property the
right to cut down, trim or remove any trees, shrubs, bushes (pi other plants or roots as
may be reasonably required incident to the rights herein gi1: r� and the right to enter
upon the 6500 College LLC Property and the Atlantis Prop4y within the lines
marked as "Public Utility Easement" on Exhibit "C" widhc f prior written consent of
6500 College LLC or Atlantis Property after the installatio ' c r any such facilities.
The grade, general shape and use of the 6500 College LLC_ ; operty and the Atlantis
Property shall not be altered in a manner so as to :interfere wilikthe proper operation
and maintenance thereof. Any damages a direct consequent :e of Atlantis, its
successors, assigns, invitees and occupants asserting its rigts set forth above shall be
repaired by Atlantis. Such maintenance, repair, replacemeij cr 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 : tie maintenance, repair
and improvement of the facilities constructed fly- water main service upon
completion of all construction work and accept ° ice of work by Village
inspectors. This responsibility shall be limited ..hat portion of said
facilities installed for the creation of water serve to the Atlantis Property
and the subject of this Easement.
4. Easement Runs with the Land. The Easel: ;eat granted herein shall
run with the land and inure to the benefit of and be binding ui.on the parties hereto,
their heirs, successors, assigns, legatees and successors- in -laie, 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 cf to State of Illinois.
b. The invalidity of any section of this Agreement abaft not affect the rest of
the Agreement.