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R-1193 - 08/14/2012 - EASEMENT - Resolutions Supporting DocumentsPTEM 6.F.3) AGENDA ITEM Regular Board of Trustees Meeting of August 14, 2012 SUBJECT: Approval of Grant of Easement to Flagg Creek Water Reclamation District FROM: Mike Hullihan P.E., Village Engineer BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move that the Village Board approve the Grant of Easement to Flagg Creek Water Reclamation District for construction and operation of a sanitary lift station. Background/History: The Flagg Creek Water Reclamation District ( FCWRD) operates two lift stations in the vicinity of 315` Street and Meyers Road. One is located to the east of this intersection and services the Midwest Club subdivision. One is located just northwest of the intersection and services Avenue Loire and some Oak Brook residents south of 3155 Street. FCWRD wishes to construct gravity sewer lines from these locations and consolidate the lift stations into one pumping station at 3151 Street and Meyers Road. The proposed location is on Village property. Therefore, we will have to grant FCWRD an easement on 0.25 acres of the property to allow construction of the improvement. In the past we have granted these types of easements to FCWRD. The Village well 6 and water pumping station are located on this property. Construction of this new lift station would reduce the number of equipment failures and resulting sewer backups for residents of Midwest Club and Avenue Loire. Additionally, it will allow several properties along 31st Street to connect to FCWRD sewers rather than depend on septic systems. The construction and operation of the proposed lift station would not affect the Village water system. The Village attorney has reviewed the attached grant of easement. N Recommendation: I recommend that the Village Board approve the attached grant of easement. RESOLUTION 2012-EASE-FCWRD-EXI -R-1 193 A RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF A PERMANENT AND ACCESS EASEMENT AND A TEMPORARY EASEMENT IN RELATION TO A SANITARY LIFT STATION (FLAGG CREEK WATER RECLAMATION DISTRICT) WHEREAS, the Village and the Flagg Creek Water Reclamation District ( "FCWRD'j desire to establish non - exclusive, temporary and permanent easements for FCWRD to construct, operate and maintain a sanitary lift station (collectively, "Easements'l; and WHEREAS, the Village and FCWRD desire to enter into an Easement Grant Agreement, attached hereto as Exhibit A ( "Agreement "), to: (i) provide FCWRD rights in the Easements; and (ii) to govern FCWRD's use of the Easements; and WHEREAS, the President and Board of Trustees of the Village have determined that it is in the best interests of the Village to approve the Agreement; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2. Approval of Easements. The Agreement is hereby approved in substantially the form attached to this Resolution as Exhibit A and in final form as acceptable to the Village Attorney. Section 3. Authorization and Execution. The Village President and the Village Clerk are hereby authorized and directed to execute and seal the Easements on behalf of the Village in the final form as approved by the Village Attorney and in a manner provided by law. Section 4: Effective Date. This Resolution shall be in full force and effect from and after its passage by two- thirds of the Trustees and its approval in the manner provided by law. [SIGNATURE PAGE FOLLOWS] APPROVED THIS 14'h day of August, 2012. PASSED THIS 14th day of August, 2012. Ayes: Nays: Absent: Resolution 2012 - EASE - FCWRD -EXI -R -1193 Flagg Creek Water Reclamation District Agreement Page 2 of 2 Gopal G. Lalmalani Village President ATTEST: Charlotte K. I Village Clerk -2- Resolution 2012 - EASE- FCWRD -EX1 -R -1193 Flagg Creek Water Reclamation District Agreement Page 2 of 2 EXHIBIT A EASEMENT GRANT AGREEMENT -3- EASE M E NT G RANT THIS GRANT OF EASEMENT, made this day of 2012 A.D. to the FLAGG CREEK WATER RECLAMATION DISTRICT, a municipal corporation organized and existing under the laws of the State of Illinois (hereinafter termed "FCWRD "), 7001 Frontage Road, Burr Ridge, Illinois, 60527 from the VILLAGE OF OAK BROOK, a municipal corporation, organized and existing under the Laws of the State of Illinois (herein after termed the "Grantor"). WITNESSETH THAT WHEREAS, the Grantor and FCWRD have determined that it is in their respective best interests to enter into this Easement Grant in order to provide FCWRD with sufficient property interests in the Permanent and Access Easement and the Temporary Easement (each, as described herein) for the purposes described herein; and WHEREAS, the Grantor is willing to convey to FCWRD a permanent and access easement to the property legally described in Exhibit A attached hereto ( "Permanent and Access Easement ") and a temporary easement to the property legally described in Exhibit B attached hereto ( "Temporary Easement ") for the sole purposes described herein; and WHEREAS, the Grantor is willing to grant, and FCWRD is willing to accept, the Permanent and Access Easement and the Temporary Easement, strictly upon the terms and conditions herein set forth; NOW, THEREFORE, in consideration of the sum of $10.00 ( Ten Dollars & 00 /100 Cents) in hand paid by FCWRD to the Grantor, the receipt of which is hereby acknowledged, and pursuant to the authority granted to the Grantor or FCWRD by the Local Government Property Transfer Act, 50 ILLS 605/1 et seq., the parties hereto agree as follows: 1 1. GRANT OF EASEMENT A. Permanent and Access Easement. Grantor hereby bargains, sells, grants, transfers and conveys to the FCWRD, and its successors and assigns, a permanent easement, on that portion of the premises legally described in Exhibit A solely to construct, reconstruct, repair, replace, operate, and maintain a lift station and a sewage conveyance system with appurtenances thereto (herein after termed the "System ") to be added to and made part of FCWRD's corporate operational facilities. B. Temporary Easement. Grantor hereby bargains, sells, grants, transfers and conveys to the FCWRD, its successors and assigns, a temporary easement, on that portion of the premises legally described in Exhibit B solely for the purpose of constructing, reconstructing, repairing or replacing, and maintaining the System. FCWRD's rights to use the Temporary Easement pursuant to this Grant of Easement shall terminate and expire on December 15, 2015. 2. CONDITIONS FOR USE OF EASEMENTS In consideration of the grants of the permanent and temporary easements, rights, privileges, and authority herein contained, this Easement Grant is subject to the following conditions: A. Construction of System. FCWRD shall, at its sole cost and expense, complete the installation of the System in a good and workmanlike manner. B. Indemnification. FCWRD expressly assumes all responsibility for, and shall defend, indemnify, save, and keep harmless the Grantor against all loss, damage, cost, expense, claims, causes of action, suits, and demands which it may suffer, incur, or sustain arising out of or caused by the construction, installation, and maintenance of the System on the Permanent and Access Easement or the Temporary Easement, or that arise in any way out of this Grant of Easement. In the event of the bringing of any action, suit or suits, against the Grantor growing out of any such loss, damage, cost or expense, and as a prerequisite to any recovery therefore from FCWRD, the Grantor shall give written 7 notice to FCWRD of the commencement of such action, suit or suits, and thereafter FCWRD shall assume the defense thereof and shall indemnify the Grantor for any judgments, fees, and expenses, including all reasonable attorneys fees, arising out of such action or suit or suits. FCWRD shall save, defend, indemnify, and keep harmless the Grantor from any claims for mechanics' liens by reason of any construction work, repairs, replacements, or other work, or for any improvements made or placed upon or to the Permanent and Access Easement or the Temporary Easement by FCWRD C. Grantor Improvements. The Grantor and its successors, assigns, and beneficiaries may use the Permanent and Access Easement and the Temporary Easement in any manner it so desires, including placing improvements upon the Permanent and Access Easement and the Temporary Easement, that will not prevent or interfere with the exercise by FCWRD of the rights granted herein. The rights and obligations of the Grantor and FCWRD, respectively hereunder, shall inure to the benefit of and be binding upon their respective successors and assigns, and all terms, conditions, and covenants herein shall be construed as covenants running with the land. D. FCWRD Restoration. FCWRD shall restore the premises of the Grantor to a like or better condition after construction is completed and if any work is required within the Permanent and Access Agreement or the Temporary Easement including, but not limited to: (a) replacing and grading any and all topsoil removed by FCWRD; (b) restoring to condition immediately preceding the construction and installation of the System any and all fences, roads, plantings, and improvements that are damaged or removed as a result of the installation or construction of the System; (c) replacing any and all sod removed with sod of like quality; and (d) replacing any and all natural grass removed by seeding with a good quality seed. E. Pipelines. All sewage conveyance pipelines traversing the Permanent and Access Easement shall be encased in steel. 3. ADDITIONAL EASEMENTS. 3 Grantor shall have the right to grant other non - exclusive easements over, along, across or upon the Permanent and Access Easement and the Temporary Easement; provided, however, that any such other easements shall be subject to this Grant of Easement and the rights granted hereby; and provided further, that the FCWRD shall have first consented in writing to the terms, nature, and location of any such other easements. 4. ASSIGNMENT OF RIGHTS. Grantor agrees that FCWRD may assign its rights or delegate its duties under this Easement Grant to any assignee: (a) who is reasonably competent to exercise the rights granted herein and the obligations imposed herein; and (b) who makes adequate assurances to Grantor that any activity performed pursuant to such assignment or delegation shall be conducted in a good and workmanlike manner. S. Covenants Running With The Land. The easements and rights granted in this Grant of Easement, the restrictions imposed by this Grant of Easement, and the agreements and covenants contained in this Grant of Easement shall be easements, rights, restrictions, agreements and covenants running with the land, shall be recorded against the Permanent and Access Easement and Temporary Easement and shall be binding upon and inure to the benefit of the Grantor and FCWRD and their respective heirs, executors, administrators, successors, assigns, agents, licensees, invitees, and representatives, including, without limitation, all subsequent owners of the Permanent and Access Easement and the Temporary Easement, or any portion thereof, and all persons claiming under them. If any of the easements, rights, restrictions, agreements or covenants created by this Grant of Easement would otherwise be unlawful or void for violation of (a) the rule against perpetuities or some analogous statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing time limits, then such easements, rights, restrictions, agreements or covenants shall 4 continue only until 21 years after the death of the last survivor of the now living lawful descendants of the current Governor of the State of Illinois. 6. AMENDMENT. This Easement Grant may be modified, amended, or annulled only by the written agreement of the Grantor and FCWRD. 7. EXHIBITS. Exhibits A and B attached to this Easement Grant are incorporated herein and made a part hereof by this reference. The Grantor has executed this instrument consisting of 5 pages and Exhibit A and B, in quadruplicate, and has hereunto set its hand and seal on the day and date first written above. ATTEST: VILLAGE OF OAK BROOK, a municipal corporation of the State of Illinois By: Village Clerk Village President ATTEST: FLAGG CREEK WATER RECLAMATION DISTRICT, a municipal corporation organized and existing under the laws of the State of Illinois Its: 5 GRANTOR: VILLAGE OF OAK BROOK W.4.111-119-11 PARCEL 1A - PERMANENT AND ACCESS EASEMENT THAT PART OF LOT 1 OF THE OAK BROOK SUBDIVISION OF LOT 1 OF THE NORTHWEST Y4 OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN DUPAGE COUNTY, ILLINOIS, BEING A TRACT OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE NORTHERLY LOT LINE OF THE AFORESAID LOT 1, 65.00 FEET, TO THE POINT OF BEGINNING, SAID NORTHERLY LINE ALSO BEING THE SOUTHERLY RIGHT -OF -WAY LINE OF 31' STREET /OAK BROOK ROAD; THENCE SOUTHERLY AT RIGHT ANGLES WITH THE LAST DESCRIBED LINE, 105.00 FEET, THENCE WESTERLY AT RIGHT ANGLES WITH THE LAST DESCRIBED LINE, 30.00 FEET; THENCE SOUTHERLY AT RIGHT ANGLES WITH THE LAST DESCRIBED LINE, 40.00 FEET; THENCE EASTERLY AT RIGHT ANGLES WITH THE LAST DESCRIBED LINE, 105.00 FEET; THENCE NORTHERLY AT RIGHT ANGLES WITH THE LAST DESCRIBED LINE, 145.00 FEET, TO THE AFORESAID NORTHERLY LOT LINE; THENCE WESTERLY ALONG THE AFOREMENTIONED NORTHERLY LOT LINE, 75.00 FFET, TO THE POINT OF BEGINNING. P.I.N. NO. 06 -33- 103 -013 ALL AS SHOWN ON THE PLAT MARKED EXHIBIT 1A ATTACHED HERETO AND MADE APART HEREOF. GRANTOR: VILLAGE OF OAK BROOK EXHIBIT B PARCEL 1AA - TEMPORARY CONSTRUCTION EASEMENT THAT PART OF LOT 1 OF THE OAK BROOK SUBDIVISION OF LOT 1 OF THE NORTHWEST X OF SECTION 33, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN IN DUPAGE COUNTY, ILLINOIS, BEING A TRACT OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 90.00 FEET OF THE WEST 120.00 FEET OF THE NORTH 200.00 FEET OF SAID LOT 1, EXCLUDING THEREFROM PARCEL 1A PERMANENT AND ACCESS EASEMENT. P.I.N. NO. 06-33-103-013 ALL AS SHOWN ON A PLAT MARKED EXHIBIT 1A ATTACHED HERETO AND MADE A PART HERETO. STATE OF ILLINOIS ) ) SS COUNTYOFDUPAGE ) I, Corporate Jurat a Notary Public in and for said County and State aforesaid, do hereby certify that the President and Village Clerk of the Village of Oak Brook who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Village Clerk appeared before me this day, in person, and acknowledged that they signed, sealed and delivered the said instrument of writing as their free and voluntary act of the said Village of Oak Brook for the uses and purposes therein set forth and caused the corporate seal of this municipal corporation to be thereto attached. IN WITNESS WHEREOF, I have hereunto set my hand and fixed my Notarial Seal this day of , A.D. 2012. (j Notary Public My Commission Expires: A.D., 20