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R-671 - 05/28/1996 - DUPAGE WATER COM. - Resolutions -6'71 RESOLUTION 96-DWC-E3-R-67i I i A RESOLUTION AUTHORIZING THE INTXPJMVRRNNKNTAL TRANSFER OF EASEMENT RIGHTS TO THE DU PAGE WATER COMMISSION AND AUTHORIZING THE EXECUTION OF FINAL VERSIONS OF METERING STATION AND PIPELINE EASEMENT AGREEMENTS BETWEEN THE VILLAGE OF OAK W400K AND THE DU PAGE WATER COMISSION WHEREAS, the DuPage Water Commission has constructed a water system for the delivery of Lake Michigan water to the Village of Oak Brook and other municipalities in DuPage County; and WHEREAS, to implement said water system, it has been necessary for the DuPage Water Commission to install metering stations on sites provided by the municipalities; and WHEREAS, the Village of Oak Brook has entered into a contract with the DuPage Water Commission dated June 11, 1986 which contract provides that the Village is to select sites for the construction of metering stations; and WHEREAS, the Village of Oak Brook has selected and the DuPage Water Commission has approved three metering station sites commonly known as 16a (located near Reservoir A on York Road), 16b (located near the eastern terminus of 35th Street and Route 83) and 16c (located near Reservoir B on Meyers Road); and WHEREAS, the DuPage Water C:xmlission has adopted ordinances requesting the intergovernmental transfer of easements rights for the metering station sites; and WHEREAS, 50 ILLS 605/1 et seq. of the Illinois Compiled Statutes specifically authorizes the transfer of real estate and interests in real estate between municipal corporations such as the Village of Oak Brook and the DuPage Water Commission; and WHEREAS, on April 12, 1988, the Village of Oak Brook passed Resolution R-477, "A Resolution Authorizing the Intergovernmental Transfer of Real Property to the DuPage Water Commission," which approved a perpetual easement and execution of a "Metering Station Easement Agreement" for Metering Station 16b, but did not grant easement rights for the feeder main approaches to site 16b; and WHEREAS, the Village of Oak Brook has previously negotiated the terms of metering station easement agreements for sites 16a and 16c, and a pipeline easement agAeement for site 15b with the DuPage water Commission in accordance with the terms of the Water Purchase and Sale Contract between them dated June 11, 1986; and WHEREAS, the forms of those easement agreements have changed to reflect the incorporation of additional terms requested by certain Charter Customers j of the Commission, which terms are designed to safeguard the interests of the i II� e-471 Resolution 9AWC-23-R-671 Authorizing the Intergovernmental Transfer of Easement Rights to the Du Page Water Commission and Authorizing the Execution of Final Versions of Metering Station and Pipeline Easement Agreements Between the Village of Oak Brook and the Du Page Water Commission, Page 2 parties to such agreements and have been incorporated by the Commission into All of its motoring station easement agreements with its Charter Customers; and WHEREAS, in substance, the three easement agreements for Metering Station Sites 16a and 16c and for the Pipeline serving Metering Station Site 16b, attached to this Resolution and by this reference mad* a part hereof, are substantially the Nam* as the agreements previously approved by the Village. NOW,, THEREFORE, BE IT RZSOLV&D BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, Du PAGE AND COOK COUNTIES, ILLINOIS as followst Section 1: Recitals. That the foregoing recitals are incorporated herein as findings of the Village. Section 2: Grant of Easement*. That the Village of Oak Brook hereby approv'se the granting of easements over the properties legally described in the following agreements: 1) Metering Station Easement Agreement - Oak Brook MS-16a; 2) DuPage Water Commission Easement Agreement; and 3) Metering Station Easement Agreement - Oak Brook MS-16c for the uses and purposes set forth in said agreements, which are attached hereto and labelled Exhibits 1, 2 and 3, respectively. Section 3:' Execution of Agreements. That the Village President in hereby authorized and directed to execute and the Village Clerk is authorized and directed to attest the following: 1) Metering Station Easement Agreement - Oak Brook MS-16a; 2) DuPage Water Commission Easement Agreement; and 3) Metering Station Easement Agreement - Oak Brook MS-16c substantially in the forms attached hereto as Exhibits 1, 2 and 3, respectively, and the village clerk is hereby directed to cause a certified copy of this Resolution and the fully executed copies of the Easement Agreements to be delivered to the DuPage Water Commission for execution by its representatives. Section 4: Effective Date. That this Resolution shall be in full force and effect from and after its passage by a favorable vote of two-thirds of the corporate authorities and approval in the manner provided by law. Section 5: Recordation. That the Village Clerk is hereby authorized and directed to cause the recording of a certified copy of this Resolution in the office of Recorder of Deeds for DuPage County. WWI • -e7/ Resolution 9*WC-83-R-671 Authorising the Intergovernmental Transfer of Easement Rights to the Du Page Water Commission and Authorizing the Execution of Final Versions of Metering Station and Pipeline Easement Agreements Between the Village of Oak Brook and the Du Page Water Commission, Page 3 PASSED AND APPROVED this 28th day of May , 1996 by the President and Board of Trustees of the Village of Oak Brook, DuPage and Cook Counties, Illinois, according to a roll call vote as follows: Ayes: Trustees Bartecki, Kenny, McInerney. Savino and Shumate Nays: None Absent: Truatee Payovich Abstains None Village President A ATTIST: .o-. a . Y i12ng` Clerk I �I. I i • EXHIBIT 1 METERING STATION NAM MUM Oak Brook MS-16a i THIS EASEMENT AGREEMENT, made and entered into this 28rh day of V`" 1996, by and between THE DUPAGE WATER CON- MISSION, a county water commission created and existing under the laws of the State of Illinois (the "Commission") and the VILLAGE Of OAK BROOK, a municipal corporation created and existing under the laws of the State of Illinois and a Charter Customer of the j Commission (the "Customer"); W ITN98SETH WHEREAS, the Commission and the Customer have entered into a certain Water Purchase and Sale Contract dated as of June 11, 1986 (the "Contract"); and WHEREAS, the Contract provides that the Commission is to furnish, install, own, operate, maintain, repair, and replace certain equipment and devices, together with certain above-ground structures and portions of its water distribution main including underground feeder pipe lines and related equipment, for properly conveying and measuring the quantity of Lake Michigan water delivered by the Commission to the Customer under the Contract . (collectively referred to as the "Metering Stations") ; and PREPARED BY: MAIL TO: Mark E. Burkland Mark E. Burkland Burke, Bosselman & Weaver Burke, Bosselman & Weaver 55 W. Monroe St. , Suite 800 55 W. Monroe St. , Suite 800 Chicago, Illinois 60603 Chicago, Illinois 60603 WHEREAS, the Contract provides that the Metering Stations are to be located at sites selected and provided by the Customer, subject to review and approval by the Commission; and WHEREAS, the Customer has selected the site legally de- scribed in Exhibit A attached hereto and by this reference incorporated herein and made a part hereof (the "Site") for the location of Metering Station 16a as generally `epicted in Exhibit B attached hereto and by this reference incorporated herein and made a part hereof; and WHEREAS, the Commission has reviewed the Site and approved the same for the location of Metering Station 16a; and WHEREAS, the Site is located on and within certain real estate owned by the Illinois State Toll Highway Authority (the "Owner"); and WHEREAS, the Owner has, by Agreement dated April 12, 1977 and recorded as Document No. R77-34769, a copy of which is attached hereto as Exhibit C and by this reference is incorpo- rated herein, and amended April 26, 1988 and recorded as Document No. R88-57605, a copy of which is attached here as Exhibit D and by this reference is incorporated herein (collectively the "Lease") leased to the Customer the Site for the construction of a deep well, storage reservoir, pumping stations, water mains, metering stations and certain accessory site improvements; and WHEREAS, the Commission has submitted to the Customer for review the drawings and specifications for Metering Station 16a; and - 2 - i f I WHEREAS, the Commission and the Customer desire to enter into this Easement Agreement in order to provide the Commission with a sufficient property interest in the Site to fulfill the provisions and purpose of the Contract; and WHEREAS, the Commission has duly adopted its Ordinance No. 0-8-87, being "An Ordinance Requesting the Intergovernmental Transfer of Easement Rights for Metering Station Sites and Authorising the Execution of Metering Station Easement Agree- ments, " pursuant to Ill. Rev. Stat. ch. 30, 1 156 at A9 ; and WHEREAS, the Customer has duly adopted its Resolution No. R-671 being "A Resolution Approving the Intergovernmental Transfer of Easement Rights to the DuPage Water Commission" pursuant to Ill. Rev. Stat. ch. 30, 1 156 et sea. ; NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and suffi- ciency of which is hereby acknowledged, and in the exercise of their powers and authority under the intergovernmental coopera- tion provisions of Article VII, Section 10 of the Illinois Constitution of 1970 and the Illinois Intergovernmental Coopera- tion Act (I11. Rev. Stat. ch. 127, 1 741 et -qs. ) and other applicable authority, the- Commission and the Customer hereby agree as follows: I. The foregoing recitals are hereby incorporated herein as substantive provisions of this Easement Agreement. 2. The Customer hereby grants, conveys, warrants, dedi- cates and assigns to the Commission, and its successors and assigns, all of its rights, title and interest in and to the Site 3 - under, through and pursuant to the Lease to construct, furnish, install, own, operate, maintain, test, inspect, remove, repair, and replace Metering Station 16a at, in, under, and upon the Site together with all reasonable rights of ingress and egress along or across any adjoining lands of or under this jurisdiction and control of the Customer. 3. The Metering Station shall be not located, constructed, or maintained in any manner not in substantial conformity with Exhibit 8 without the express consent of the Customer, which consent shall not be unreasonably withheld. 4. The Commission shall exercise the easement rights hereby granted with due care, and shall not unreasonably inter- fere with, damage, or harm any Customer property located upon the Site. 5. After construction of the Metering Station, the Site shall be restored in general conformance with the Typical Land- scape Details attached hereto as Exhibit E and by this reference incorporated herein and made a part hereof. 6. The Customer hereby reserves the right to use the Site and its adjacent property in any manner that will not prevent or interfere in any way with the exercise by the Commission of the rights granted hereunder; provided, however, that the Customer shall not in any manner disturb, damage, destroy, injure, ob- struct, or permit to be obstructed Metering Station 16a without the express prior written consent of the Commission; nor shall the Customer permanently or temporarily improve, damage, or _ 4 _ obstruct the Site in any mar=ner that would impair the exercise by the Commission of the rights hereby granted. 7. The Customer agrees to indemnify and defend the Com- mission with respect to any and all claims or damages to persons or property which may arise directly from (l) the Customer' s default under the Lease or (2) the negligence of the Customer, or its agents or employees, in performing any work on the Site in conjunction with its rights pursuant to Paragraph 6 hereof, and the Commission agrees to indemnify and defend the Customer with respect to any and all claims of damages to persons or property which may arise directly from the negligence of the Commission, or its agents or employees, in performing any work on the Site in conjunction with its rights pursuant to Paragraphs 2 and 4 hereof. The Customer shall provide to the Commission and the Commission shall provide to the Customer a certificate of insur- ance or proof of self-insurance coverage as evidence of its continuing ability to meet the obligation established in this Paragraph, and both shall maintain such coverage at all times. 8. This Easement Agreement shall constitute and stand in place of all Customer permits required by the Commission or its contractor to construct, furnish, install, own, operate, maintain,. test, inspect, repair, remove, or replace Metering Station 16a at, in, under, and upon the Site, and the Customer hereby agrees to execute any and all additional documents, approvals, waivers, or consents, if any, that may be reasonably necessary for the Commission to secure any permits required from any county, state, or federal agency for or in connection. with 5 - 77 7 iwle-471 constructing, furnishing, installing, owning, operating, maintaining, testing, inspecting, repairing, removing, or replacing Metering Station 16a. 9. In the event that the Contract is terminated without renewal with respect to the Customer, the Commission shall, within ninety (90), days execute and deliver to the Customer an appropriate document evidencing the termination of this Easement Agreement and releasing the easement rights hereby granted. 10. All rights, title, and privileges herein granted, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective grantees, successors, assigns, and legal representatives. 11. The Customer does hereby represent, acknowledge and confirm that it has sufficient legal interest in, and proper legal authority concerning, the Site in order to execute this Easement Agreement. In the event that the Customer' s legal interest in, or legal authority concerning, the Site is, for any reason, terminated, or deemed or interpreted to be invalid, insufficient or nonexistent, the Customer shall reimburse the Commission for all cost and expenses incurred by the Commission pursuant to Paragraph 2 of this Easement Agreement and shall, at the Customer' s sole cost and expense, (1) relocate Metering Station 16a to a location acceptable to the Commission within the corporate limits of the Customer and (2) take all action required of it by the Commission to save and protect Metering Station 16a from any damage of injury during such relocation. The Customer 6 - does hereby acknowledge that the Commission shall not be I responsible or liable for any damages, claims or causes of action due to the loss of service caused by the relocation of Metering Station 16a and hereby agrees to hold the Commission harmless I from and indemnify the Commission against any such damages, claims or causes of action. 12. The term of this Agreement shall be coterminous with Cie term of the Lease as the same may be extended. 13. The Customer shall perform any and all terms and obligations of the Lease, and a default by the Customer under the Lease shall be deemed to be, and shall be, a default under this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their proper representatives duly authorized to execute the same. DUPAGE MATER COMMISSION By: -- neral ana6lr ATTEF-r. Clerk VILLAGE OF OAK BROOK z _ mss. By. 4rs ide n tea, ATTE `m �+J it L4 4 I r i �-G7/ !' STP►TE Or ILLINOIS SS COUNTY OF DUPAGE I, Bernadette G„Slowins , a Notary Public in and for said County, in the State aforesaid, do hereby certify that James J. 8olzwart, personally known to me to be the General Manager of the DuPage Water Commission* and Peter W. Ernst, personally known to me to be the Clerk of said commission, and personally known to me to be the sue persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed, sealed, and delivered said instrument as their free and voluntary act and as the free and voluntary act of said commission for the uses and purposes therein set forth. Given under my hared and official seal this 3rd day of Jrne 199ex 1996. Notary Public My commission Expires: I�FIATS�AL �. '"� WINSKI NOTARY PUBLIC STATE OF ILLMOIS MY f OMMMSION EXP. MAY 121949 8 - ._ II i 1 ' STATE OF ILLINOIS ) SS COUNTY OF DU PAGE ) I, Sandra P. Schmidt, a Notary Public in and for said County, in the State aforesaid, do hereby certify that Karen M. Bushy, personally known to me to be the President of the Village of Oak Brook, an Illinois municipal corporation, and Linda K. Gonnella, personally known to me to be the Clerk of said municipal corporation, and personally known 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 said instrument as their free and voluntary act and as the free and voluntary act of said municipal corporation for the uses and purposes therein set forth. Given under my hand and official seal this .td day of May, 1996. Not Public My Commission Expires: OFFICIAL SEAL NO'sARY PUBLIC,STATE OF ILLINOIS M1'COWISSION EXPIRES 5.11.2000 - 9 - i' 1 EMMU A That part of property owned by the Illinois Stale Tall Highway Authority described as the off= rump infield for the York Road off-ramp which peemtly houses a water reservoir, pumping station, water mains, metering station, presstire adjusting station, and appurtenant items and which property is referred to in documents entitled"Agreement" between the Illinois State Toll Highway Authority and the Village.of Oak Brook dated April 12, 1977 and recorded on May 10, 1977 as Document Number 77-34769 in DoPgp County and entitled "First Amendment" between the Illinois State Toil Highway Authatr and the Village of Oak Brook dated April 26, 1988 and recorded as Document Number RU- S, which property is located within the southeast quarter of Section 24, Township 39 North, Range 11, Fast of the Third Principal Meridian in DuPage County,Illinois. I I ',I OAK BROOK YORK RD. METER STATION MS 16® EPXUtMSRTtNG STATION R1N! EL. f 7.°;.O 4 { C F 4? k- < eA EXISTING 12" �y 2 STORM SEWER APPROXIMATE LIMIT {y OF CONSTRUCTION EXISTING DEPRESSED CURB 1'Y B DIO a� AT tN E OF EXIS ING V£ TGUTDtER WIDT -9�x V THICK ,._ .. _ �� ,• 1 APPROX. fay' .� •�' DRIVEWAY CA-6 �Y 1 TO OF �,�,• ;�. ! CONIC. PAVEMENT PROVIDE IDOT STD. 2130 TYeE 8 BARR R 1 EXISTING BEYOND t U 5' CO SIDEWALK 3 I —EXISTING 12" r` 1 • i' 1 a I STORM SEWER a o(D 19' 3-I0N 0.! is I METER STATION TYPE -S- 1 1 I N I I � 1 cn 13 •- �e+ I 1 w iN 1 w o d EXISTING 12" STORM SEWER EXISTING M.H. EXISTING _p UTILITY POLE o 0 a EXIST. 18" 'I SITE PLAN ~ CULVERT X c to [it SCALE. I"= 20°-O" IL ALVOR D BURDICK & H EXHIBIT B � OVYSON ENGINEERS 1986 CHICAGO JULY 22,1988 T7 1111P RECORDED . t/ -fs7} DU -PA?--c COUNTY • I t R77 - 3 7 fi 9 ISlz ►SAY 10 PH 3: 15 AGREEMENT ` r� WHEREAS, the Village of Oak Brook, Illinois (hereinafter referred to as "Village"), a Municipal corporation, has found that the public health and welfare of the Village's citizens requires expansion of thf. sources for the municipal water system; and WHEREAS, The Illinois State Toll Highway Authority (hereinafter referred to as the "Authority"), an instrumentality and administrative aggncy of the State of Illinois created pursuant to Chapter 121 s100-1 et seq. of the Illinois Revised Statutes owns certain real property within or adjacent to the Village; and WHEREAS, the Village desires to locate certain improvements, int.luding'a well, water reservoir, pumping station, and water mains, on or iuzder the real property owned by the Authority; and WHEREAS, the Authority desires to have such improvement constructed in a manner that will minimize disruption of the Authority's operations. NOW, THEREFORE, for and in consideration of the mutual promises and agreements contained herein, the Authority and the Village agree as N follows: 1. The Village, at its sole expense, may construct a deep well, a � I seven--million(7,,000,000)-gallon underground water storage reservoir, pumping i stations, water mains, and certain accessory site improvements, all pursuant EXHIBIT G - a 4 a- d 3i 4°•.:+._L'.? prone-'r--y descr:hyd -in shwa :._•,.= :. w Y 2�-- t '• a.1 - to plans and specificatidns to be supplied to and approved by the Authority, which approval will. not be unreasonably withheld, and indicated on the attached diagrams marked Exhibits "A" and "B", hereinafter called the ."York Road site". The diagrams of the York Road improvements attached hereto as Exhibits "A" and "B" by this reference are incorporated herein as w though fully se: forth. Plans and specifications for the deep welt and pumping C" station to be constructed at the Midwest Road site will also be supplied to the LO Authority for its approval, which approval will not be unreasonably withheld, and by this reference are incorporated herein as though fully set forth. 2. The Village agrees that it will. fully landscape both the York Road and the Midwest Road sites so as to beautify the areas and cause the above surface structure at Midwest Road to blend into its surroundings. i 3. The Village, at its sole expense, may install, maintain, and expand the aforesaid water system improvements to supply the water necessary to the Water Service Area of the Village (the Water Service Area is that des,,gibed in the report to the Village by Warren & Van Praag, Inc. dated September 19, 1975, and as may be amended by the Village from time to time), provided that such installation, maintenance, or expansion shall not interfere temporarily or permanently with the operation or maintenance of the Tollway urithout the permission of the Authority. The Authority hereby grants -)ermission to the Village to construct the said water system improvements following approval of plans and specifications by the Authority and to connect the system to existing water mains at work Road, Windsor Drive, and Midwest Road, and Station 2 n AI X-1 V e 18 + 80, South. Bound leg of connecting Tollway Contract T-6A. 4. The Village agrees not to sell or otherwise dispose of water outside of the Village Water Service Area from these sites. However, the Village may exchange water on an emergency basis under agreements with adjoining municipalities. 5. The Authority will allow reasonable access to the sites to the Village from York and Midwest Roads and the Tollway sufficient for the w Village's operating and maintenance personnel and for all necessary conseruc- M . ca tion and maintenance equipment. 6. The Village shall conform to all applicable rules and regulations of the Authority in conducting its activities on Authority property. The Village further agrees that in operating said reservoir and pumping stations it will not interfere with operation of the Tollway system. All additions, improvements, or alterations to these installations by the Village shall be subject to prior written approval of the Authority. 7. The Village shall maintain the aforesaid water system improve- ments at its own cost and expense. 8. Before commencing work under this contract, the Village shall provide the Authority with evidence of insurance in form, term, and amount satisfactory to the Authority insuring the Village, the Authority, and their authorized representatives against any damages and liability arising from or caused by the installation, use, or maintenance of the aforesaid water system improvements. The requirements of this paragraph may be satisfied by joining _ 3 _ E w the Authority and its consulting engineers as co-insured on the Village's liability policies. 9. The term of this contract shall be a period of ninety-nine (99) years from the date set forth below and the agreement shall be enforceable by the parties hereto or their successors in title for a period of ninety-nine (99) years from the date of its execution. This agreement may be extended -y in twenty-five (25)-year increments by either party hereto by written notice w to that effect given to the other party not less than one (1) year prior to the Co expuration of the then effective term; provided, however, that the party fJD receiving said notice shall consent thereto in writing within one hundred i twenty (120) days after receipt of the notice of extension. 20. Each year during the term of this agreement the Village shall pay the Authority an annual rental for using said property of TWO THOUSAND TEN DOLLARS ($2.010. 00), to be paid in quarterly.installments commencing ninety (90) days after the date of this agreement. However, said rental shall be increased by an amount to be computed by multiplying said rental by the percentage increase of the blockage rate charged the Tollway by the Village for service based on the 1976 blockage rate of ninety-four cents (940) per one thousand (1, 000) gallons of water supplied by the Village to the Authority, . noncumulatively. For example, if the blockage rate charged by the Village is increased by five percent (5 016) ($. 98711,000 gallons) then the annual rental as hereinabove provided shall be increased by five percent (5%). noncumulatively ($2, 110. 50). r 7/ 11. Upon expiration of this agreement the Village shall restore, at its expense, the sites to their original condition. The Village shall also restore, at its expense, any property owned by the Authority disturbed in the course of construction or maintenance of these improvements to its i original condition. Restoration as herein contemplated shall not require W removal of any underground facilities, but shall require their collapse anc c� CM fill with sand or other suitable material. R:Executed at Oak Brook, Illinois, thi.0 day of 1977. .; AT. ti ': f'THE ILLIOTATL. HIG WAV :B 6TH B A Chairman ATTEST: VILLAGE OF OAK BROOK" By �-- c•c;�/--�---.. s /�• -a '.i• Village Clerk , f President C. APPROVED AS TO FORM AND �3 ' COISTITUTIONALITY ort Attorne /General - tae of I ' ois L' tom• ' G- . " "L i j f e! 5 - i r 9 PROPOSED RESERVO-111 INSTRURTION for VILLAGE OF OAK B R. 00K on TOLLWAY PROPERTY AT YORK ROAD RAMP e e y �•�'!`..�`tt�eP•��!`�•.•tlt1:..� ''t�tf��'`i��'��`'��t��,�• ,1•t•�� ¢1.��.ti�� '��.,•�j.�t�'I.�� I'i t,,.�,,r. -..« .� ... ' � .. ' ! 'i •�t! 'a.. �:lt�t�;,G'�'L ��_ �" �'� sv' � .� •'e. i�1li tai ��'.��i��Yi��'x��,��llill l�'•;��1��i11i<il��, , . � _ �� ..». �,g Cy i yo-, • 'ice . .rt I ' . ""'.�`^Y„rt�;�K'��1• ►�`t tl�J`l_c........r�I►1 t�•�na,ncap�4�""t' �. e� •�T�.eft/\�\_, k �\ '•i i if g e k . •:• � ! .ate „• 'l livid h ti� •. �. � f jt � • �... -• "j it , !t ' o � i � ,�, ` ""tom �• •-` ' � "°°� t - t1 � 1L I •�1 � ��' �7w - .. . SOIL BOR I NG * _. 4 RECORDED 0 P.tG:_ C`t'N1Y R77 — 34769 1371 MAY 10 P;a 3. 15 For Details of this E. ...._.tee Doc.,RyT- 3 J�Z L 9 • i � . . �,r,........ .�.�..�...— it •~ 8"S:- T V.w R.Q1✓. BENCHMARX APR 121977 VILL AGE OF OAK BROOK, IL t r ERC-U MERIPIG DEPT. SHEET NO. _INOIS cr ATI _ PIN ON AND DISTRIBUTION PIPING am _ AND SOIL BORINGS OF_; SHEETs CONTROL POINTS INDICATED AS + OH THIS SHEET 100 E_ SITE DRAINAGE - 12" C.M.P. AND 18" C.M.P. 1 SEE SHEET MATCH EXISTING 18" C.M.R. CULVERT WITH NEW 18" C.M.P. AT EXISTING HEADWALL- CASE IN CONCRETE COLLAR , SEE SHEET IT1ON SYSTEM PIPING °T F ION ApR 1% 1977 VILLA6E Of OAK 1:gGin-F- RING DEPT. SHEET NO. i L.INOIS AND DISTRIBUTION PIPING ••• ;_ IMPROVEMENTS � • � � GHEE TS y L - _i • o o� 4 •: tD� ¢®r 4 O 0' 8`-0" V -6" MC. REMNIKG WALL .., R. /. I. APR 1917 2 ' - 1 VILLAGE OF OAK BROOK, IL C-f GINEERING DEPT. I SHEET NO. ILLINOIS P TURAL PLAN & ELEVATIONS IA- I 1 TE NtVE AND PARKING AREA Ott.\YE . 4' YA P4t Ei. t i FT 3 t"hs BkTV!`1:�GeJS GOPtCRETE iU�'t�AGE COURSE - GLASS I t'f1 ®t Ut"" mo;jS vt?NGRC°a`E atNOCR COURSE --CLASS EGG LGATC SASE COUMSE-- TYP'£ $ E t Cvc t4 su t.A E N C PI t at~ ,AT Rta,..s A:•it? RE ..ACE svtTH PPROYED E"- eAAt4Y%MCMT MATERtAI-S ROAD. AND TURN ABOUND r..t l2" EJ9 ID WELL HOUSE. WEST AND SOUTH VILLAGE OF OAK BROOK, ILLINOIS E VILLAGE ENGINEER E t�SIDE EM STATE OF ILLINOIS ) )SS. COUNTIES OF COOK DU PAGE) I , Marianne Lakosil do hereby certify that I am the duly qualified and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties , Illinois . I DO FURTHER CERTIFY that the annexed document is a L� -true and correct copy of RESOLUTION R-448 A RESOLUTION APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN ME VILLAGE 1 o- { OF OAK-BROOK AND THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY =5 �✓ �s I DO FURTHER CERTIFY that. the original document, of which the annexed copy is a true copy, is entrusted to my care for safekeeping and I am the peeper of the same. C? ' I DO FURTHER CERTIFY that I am the keeper of the re- =� �3 cords , Journals , entries, resolutions , ordinances , and documents of the said Village of Oar Brook, DuPage and Cook Counties , Illinois .. IN :vITNESS WHEREOF, I have hereunto set my hand and affixed the corporate sea? of the Village of Oak Brook this 3rd day of _ June 19 88 i i t ge er o e Village o Oak Brook, DuPage y Cook Counties , Illinois . EXHIBIT D i i v an. R-ttB A RI�SOtUrldt 11P119ME AN hlENDIENT To AN AGRl ,f TT BEfv= "M TUANZ of OAK BROOK AM Tel* ILL2Re0IS >TAlL TOLL MRR11M1Y AR1i4RORRITY MHLRRAS, the Village of Oak Brook MA The Illinois State Toll Highway Authority (hereinafter referred to as ISTMA) haw heretofore entered into an Agceaeeat dated April 12. 1177. by which Agreement the Village is authorised far a period of ninety-nine (") years to lease ISTHA property located at York Rood. aed ae RMt>tM. the Village at said location had installed an underground water reservoir; new# RBR,RLAS. the village of Oak Brook. in anticipation of the receipt of Lela Miednigrn water. bas entered into a Metering Station Agreement for said site with the Ompaye Mater Coweissios: aed MM IM, the Village's Agresmest with the ISTMA requires its prior sppeoral of the oonstruetion of any each structures; and 1NZMS, the attached docmmsat entitled "first Amendment" provides for the approval by the ISTHR of said water metering station. and amends the A4resmeat dated April 12. 1977 to provide therefor. MDM ! BI IT OZ90LVCD BY M PRICSIMM AM BOARD OF TRRISTZZS OF UK VnIAM OF OAK BROOK. DO PAGE AND am C>{ MM. ILLINOIS as follows: Section 1: Twat the oncoment entitled "First Amendment" a copy of which SO attached hereto. labelled Exhibit *V. and hereby cede a part hereof. is � hereby approved. ^1 Section 2: That the villa" president and Village Clerk are hereby C authorized and directed to execute said doe:nsnnt, substantially in the form � shown in Inhibit "A". on behalf of the village of Oak Brook. PASSED AND APPXOM TUB 26th day of April , Ises, by the president and Board of Trustees of the Village of Oak Brook, Dupage anyl Cook Ceanties. Illinois, according to a roll call vote au follows: C: Ayes: Trustees larie, Maher, Rush and Winters C=)L„^+ Kays: *one Absent: Trustees eartecki and Bushy J/ Village P sidRnt ATTIM: Village Clerk ACA ee''+.zxela.. s�Kurrll,�.;�•,Jcc.ie�. �CL2� a res.r-2 P�rayte;� �rce � D6'�c�_ t�oz-o02 • kk FIRST AIC,NMZHT This Amendment, made and entered into by The Illinois State Toll Highway Authority, an instrumentality and administrative agency of the State of Illinois, hereinafter sometimes referred to as "AUTHORITY", and the Village of Oak Brook, Illinois, a municipal corporation, hereinafter sometimes referred to as "VILLAGE", entered into this 26th day of April 1988, witnesseth as follows: WHEREAS, the AUTHORITY and the VILLAGE entered into a lease agreement dated April 12, 1977 (hereinafter referred to as the "Original Agreement") relating to, among other things, the installation of VILLAGE water facilities on property owned by the AUTHORITY and referred to therein as the "York Road Site"; and WHEREAS, the VILLAGE desires to have installed at the =0 Co York Road site an additional metering station in connection Co t with the providing of Lake Michigan water for the VILLAGE, cn plans and specifications for which have been prepared and 1j C-> submitted to the AUTHORITY for review and hereinafter referred C:) to as Exhibit "A"; and WHEREAS, said Original agreement requires approval of the Authority for the installation of any such improvements, i including said metering station. NOW, THEREFORE, for and in consideration of the mutual promises and agreements contained herein and the recitals above set forth, the AUTHORITY and the VILLAGE agree as follows: 1) The AUTHORITY approves the installation of the metering station on the York Road Site in accord with the plans EXHIBIT "A" and specifications collectively referred to as Exhibit described as "Lake Michigan Water Supply for DuPage Water Commission, Contract MS-2 Metering Station Facility, August 27, 1987, drawings of Alvord, Burdick & Howson, Consulting Engineers, Chicago, Illinois, certified by Donald E. Eckman, 62-22363 Registered Professional Engineer of Illinois, consisting of General Drawings, Structural Drawings, Piping Drawings, Architectural Drawings, Electrical Drawings, and Clarendon Hills Facilities"; and Specifications entitled: "Metering Station Facilities for DuPage Water Commission, DuPage County, Illinois, 1987, Contract MS-2 of Alvord, Burdick & Howson Engineers, Chicago, Illinois, certified by Donald E. Eckman, 62-22363, Registered Professional Engineer of Illinois", both incorporated herein and made a part hereof by o reference hereto. No material change, alteration or modification in said plans and specifications shall be made --.: c-; without the prior written approval of the Chief Engineer of the o Authority, which approval shall not be unreasonably withheld. 2) The VILLAGE agrees to indemnify and save harmless the AUTHORITY, its employees, officers and agents from any and all claims for any damages to property, injuries to persons, or other claimed losses arising from the installation, operation or maintenance of said water metering station. 3) Each year during the term of this Agreement the VILLAGE shall pay the AUTHORITY an annual rental for using said property of TWO THOUSAND FIVE HUNDRED EIGHTY FOUR DOLLARS ($2,584.00) , to be paid in quarterly installments. However, n amount to be computed by said rental shall be increased by a �i 2 - 1671p multiplying said rental by the percentage increase of the water usage rate charged the AUTHORITY by the VILLAGE for service based on the 1987 water usage rate of ONE DOLLAR and THIRTY- THREE CENTS ($1.33) per one thousand (1,000) gallons of water supplied by the VILLAGE to the AUTHORITY, neacumulatively. For example, if the water usage rate charged Dy the VILLAGE is increased by five percent (5%) , then the annual rental as here- inabove provided shall be increased by five percent (5%) , non- cumulatively. It is the intent of this paragraph and Agreement y and it is understood and agreed that during the period of this Agreement, or any extensions thereof, the consideration due the AUTHORITY for the lease of the subject property shall be equal to the water service charges or fees for water service provided ,. l to the AUTHORITY's existing or future facilities in or imme-:.-- co cA diately adjacent to the Village of Oak Brook, and the VILLAGE.•. cn agrees to provide water service to such facilities (including -� Lake Michigan water) as soon as it becomes available to property cm �n within the VILLAGE; provided, however, the VILLAGE shall not be required to provide water services according to the terms of this paragraph to any facilities leased by or assigned by the AUTHORITY to any non-governmental er.&ity. 4) All terms, conditions and agreements contained i.n the Original Agreement between the AUTHORTY and the VILLAGE shall continue in full force and effect, provided however that in the event of any inconsistencies or conflicts between the terms, conditions and agreements of this Amendment and those of I. said Original Agreement, the terms, conditions and agreements I of this Amendment shall govern and prevail. �I 3 _ 1671p Executed at Oak Brook, Illinois, this 26th day of April , 1988. ftr THE I 01 S STATE IG tiAY 1 AUTHOR By ha ran` ATTEST: Secretary I 'PILLAGE Ce OAK K, ILLINOIS co Arl • res i en ATTEST: • 12 j i tr �; (Seal) IN e Ij Approved as to Form and Constitutionality C 17—L&C;t— Attorney General, State' of Illinois I /iFt's �oGsr•*s�.Nr lt/'fE.a-t75 Z�aG.��?"- 3 y?'� 9 {Y'lfltff 1vh5 �ioRD�t7 t?�t/ //ffY A9, 1977 / I - q - 1671p - I Ae- - P IING SCHEDULE site) EXHIBIT B � ITEM kQ OIA.BALL $ NO. RfO'0.• SIZE BURL.AP��.r OESCRtPTlON 7. FT. HT. �., ; J CHI'IS PFITZERIANA i 1441"CALIPER !�.._ . (FFITZ`R JUNIPER) 7."_CALIPER t _.,. I.;C�i. Cu+ 00 6. _Eti :'aFt1 } `FT-WIDE. _ 0'" . ME_UONYMOUS FORTUNEI NT Y TE—R�C:c_E.- F) I'. r IVARIES:- SOD ENTIRE AREA r.-��.- �, _ � ._-! __•_ WITHIN CONSTRUCTION LIMITS S I 3 _ {`,.FT. HT t ; V. OILATATUM (LINDEN V:BURNUMI- NOTE. PLANTING NOT REQUIRED AT FOLLOWING SITES:MS-lac, MS-19c MS-250 I I • ItErIMt' RUBBER ` - HOSE AT WIRES 614 GALV. WIRE IWISTtOpOI)8LE • 3 CU,FT.9MK t 4.2:2'STAKES ' e DARK*MULCH W j tUCER At'EACH lif�t'JR • TEMPORARY •R SAUCER 4 4 OZ.FILM II g" If! it ' OZ.FILM R 4a#t II a®® II I MuV. It • 3"M�lt. It � 3~MIN. COMPACTED 'MP SOIL DECIDUOUS 91RUB DET. TREE PLANTING DETAIL NOT TO SCALE NOT TO SCALE • REINF RUBBER NOSE A: WIR M 4"GRAVEL Imo" TO iVaosrm f i-e t2"STAKES / / `r 4 GALV WIRE TWIST DOUBLE STRAND GRASS P� 3"DARK IRUt i / 1t' g" • Ii G z H. MIN. 11 V4ISTEEL EDGING 40Z.FILM 6 STAKES _ 3"MIN doses 4'OZ.FILM -ease do • BUILDING LIKE L i ��901E tXt 9 irliN.TOP SOIL SAND BAOTILL COMFACTE•D (ASWE SUB' W1CTE0 SOIL STRUCTURE OR SAND SACKFM L EVERGREEN SHRUB DET BLDG. PERIMETER PLANTER NOT TC% SCALE MOT TO SCALE - ;i EXHIBIT 2 0 SIDE SMALL of tow McMLT RItACCO TO SLOPE AWAY ; FROM THE WILOMIE.MEETING PIIESfMT 40A0E AT ! THE "ONSTRUCTION UNITS OR AT THE PROfE*j v Lot. 4"THICK CONC.SICIEWALL SUPERSTRUCTURE SLOPE I EXHAUST AIR VENT f t i '• /� { M ..'AL EDW4 CAMPT AT 3-VIlK^ UM` a�� - CDNC.StA ACES t am am POLY SHT. SLOPEr'� tE`yCLOPE r + 1-Et!@Itvht$At ENTIiWCE T — I_<' SPRUCE CENTEFE D OFF 6=.C:OR. . 3'+'tt?ZEke TY'P P—"TING ARRNVGEMENT P-PViT LOCATIONS VAW ACCOF404 TO SLOG. CIRIENTATON AT EA. LOC&TION AND ARE TO _ BE CETENMINO IN FIaD WE WOE FAMIC CONCRETE SVCvjALK 4" THICK� l---SIl6-BASE 30 THICK BANK-RUN 3AN0 t .. f�•'r..... :a .+ •- sew e;.- CONCRETE V i OE ALk ;...r.3 .. h NOT To sc&E •«.. � _ �. � :.,- _� • . _ _.,..rig, z I O EXHIBIT 2 DUPAGE WATER COMMISSION EASEMENT AGREEMENT 16b THIS AGREEMENT, made and entered into this 2Ft1i day of May 1996, by and between the DUPAGE WATER COMMIS- SION, a public corporation, political subdivision and unit of local government created tinder Chapter 24, Article 11, Division 135, Illinois Revised Statutes and the Water Commission Act of 1985 (Ill. Rev. Stat. ch. 111-2/3, §251 at eeg. ), 721 East Madison Street, Villa Park, Illinois 60181-3075 (hereinafter referred to as the "Commission"), and the VILLAGE OF OAK BROOK, a municipal corporation, in DuPage County, Illinois (hereinafter referred to as "Owner"). W I T N E S S E T H: WHEREAS, Owner is the owner of certain real estate situated in the County of DuPage, State of Illinois, which real estate is legally described on Exhibit A attached hereto and by this reference incorporated herein and made a part hereof, and which real estate shall be referred to hereinafter as "Easement Premises"; and WHEREAS, Owner selected the Easement Premises as the site for the location of Metering Station 16b pursuant to a certain Water Purchase and Sale Contract, dated as of June 11, 1986 by and between the Commission and Owner (the "Contract"); i € and WHEREAS, the Commission is required to locate a portion of its water distribution main(s) in, upon, under, along and i across the Easement Premises to connect to Metering Station 16b i pursuant to the terms of the Contract; and I PREPARED BY: MAIL TO: Maureen A. Crowley Maureen A. Crowley Burke, Bosselman & Weaver Burke, Bosselman & Weaver 55 W. Monroe St., Suite 800 55 W. Monroe St. , Suite 900 Chicago, Illinois 60603 Chicago, Illinois 60603 WHEREAS, in order to induce the Commission to accept the site selected by Owner for the location of Metering Station 16b and its water distribution main(s), Owner represented that it had a sufficient legal interest in and proper legal authority to use or to permit others to use the Easement Premises in the manner herein provided; and WHEREAS, in reliance upon Owner's representations, the Commission desires to enter into this Easement Agreement in order to provide the Commission with an easement in the Easement Premises to fulfill the provisions and purpose of the Contract; and WHEREAS, the Commission has duly adopted its Ordinance No. 0-20-89, being "An Ordinance Requesting the Intergovernmental Transfer of Easement Rights for the Village of Oak Brook Meter Station MS-16b Feeder Connection and Authorizing Execution of the Easement Agreement" pursuant to I11. Rev. Stat. ch. 30, §156 et Bea. ; and WHEREAS, the Owner has duly adopted its Ordinance No. S-630, being "An Ordinance Closing a Portion of 35th Street in the Village of Oak Brook" and its Resolution No. R-671 , being "A Resolution Approving the Intergovernmental Transfer of Ease- ment Rights to the DuPage Water Commission" pursuant to Ill. Rev. Stat. ch. 30, §156 et sea.; NOW, THEREFORE, in consideration of the foregoing, and for the sum of TEN DOLLARS ($10.00) and other good and valuable consideration paid by the Commission to Owner, the receipt and sufficiency of which are hereby acknowledged, and in the exercise of their powers and authority under the intergovernmental co- operation provisions of Article VII, Section 10 of the Illinois Constitution and the Illinois Intergovernmental Cooperation Act (I11. Rev. Stat. ch. 127, §741 et sea. ) and other applicable authority, the parties hereto mutually agree as follows: 1. The foregoing recitals are hereby incorporated herein as substantive provisions of this Agreement. 2. Owner hereby grants, conveys, dedicates, quit claims and assigns to the Commission, its successors and assigns, -2- multiplying said rental by the percentage increase of the water usage rate charged the AUTHORITY by the VILLAGE for service based on the 1987 water usage rate of ONE DOLLAR and THIRTY- THREE CENTS ($1.33) per one thousand (1,000) gallo s of water supplied by the VILLAGE to the AUTHORITY, noncumulatively. For example, if the water usage rate charged by the VILLAGE is increased by five percent (5%), then the annual rental as here- increased provided shall be increased by five percent (5a) , non- cumulatively. it is the intent of -his paragraph and Agreement i and it is understood and agreed that during the period of this i Agreement, or any extensions thereof, the consideration due the AUTHORITY for the lease of the subject property shall be equal to the water service charges or fees for water service provided .. cc to the AUTHORITY's existing or future facilities in or imme--.-- co i diately adjacent to the Village of Oak Brook, and the VILLAGE:.. (n agrees to provide water service to such facilities (including c; Lake Michigan water) as soon as it becomes available to property ci c.n within the VILLAGE; provided, however, the VILUtGE shall not be required to provide water services according to the terms of this paragraph to any facilities leased by or assigned by the AUTHORITY to any non-governmental entity. I 4) All terms, conditions and agreements contained in the Original Agreement between the AUTHORTY and the VILLAGE shall continue in full force and effect, provided however that in the event of any inconsistencies or conflict-z between the terms, conditions and agreements of this Amendment and those of said Original Agreement, the terms, conditions and agreements i of this Amendment shall gover:z and prevail. F - 3 - 1671p 0 lw/e the invalidity of the Owner's representations in paragraph 10 hereof, and the Commission agrees to indemnify and defend Owner with respect to any and all claims of damages to person or property which may arise directly from the negligence of the Commission, its agents or employees in performing any work on the Easement Premises in conjunction with its rights pursuant to paragraphs 2, 3 and 4 hereof. Owner shall annually provide to the Commission and the Commission shall annually provide to Owner a certificate of insurance or proof of self-insurance coverage as evidence of its ability to meet the obligation established in this paragraph. 7. This Easement Agreement shall constitute and stand in place of all permits required by the Owner of the Commission or its contractor to survey, construct, reconstruct, use, oper- ate, maintain, test, inspect, repair, replace, alter, remove or 'i abandon in place the Pipeline in, upon, under, along and across the Easement Premises, and Owner hereby agrees to execute any an I all additional documents, approvals, waivers or consents, if any, that may be reasonably necessary from the Commission to secure any permits required from any county, state or federal agency for or in connection with the above. g. In the event the Contract is terminated without renewal with respect to Owner, the Commission, within ninety (90) days, shall execute and deliver to the Owner an appropriate document evidencing the termination of this Agreement and re- leasing the easement rights hereby granted. 9. All rights, title and privileges herein granted, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, grantees, successors, assigns and legal representatives. 10. The Owner does hereby represent, acknowledge and confirm that it has a sufficient legal interest in and proper legal authority concerning the Easement Premises in order to " enter into this Agreement. In the event that the Owner's legal interest in or legal authority concerning the Easement Premises -4- 0 liJ�,e-G 71 • is, for any reason, terminated, or deemed or interpreted to be invalid, insufficient or nonexistent, the Owner shall reimburse the Commission for all costs and expenses incurred by the Com- mission in the installation of the Pipeline and shall, at Owner's sole cost and expense, (1) relocate the Pipeline to or replace the Pipeline at a location acceptable to the Commission within the corporate limits of the Owner, at the Commission's option, and (2) take all action required of it by the Commission to (i) save and protect the Pipeline from any damage or injury in the event of any such relocation, or (ii) replace the Pipeline. IN W?TNESS WHEREOF, the parties hereto have executed or have caused this instrument to be executed by their proper officers duly authorized to execute the same. ATTFS: , DUPAGE WATER COMMISSION: ATTES : VILLAGE OF OAK BROOK: I i -5- STATE OF ILLINOIS ) SS COUNTY OF DUPAGE ) I. GgS.tlstts_ �L9]di11kl __,�, a Notary Public in and for said County, in the State aforesaid, do hereby certify that ,James J. Holzwart, personally known to me to be the General Manager of the DuPage Water Commission, a public corporation, political subdivision and unit of local government under the laws of the State of Illinois, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in persor and acknowledged that as such General Manager, he signed and delivered said instrument as General Manager of the DuPage Water Commission, as his free and voluntary act and as the free and voluntary act of said DuPage Water Commission for the uses and purposes therein set forth. Given under my hand and official seal this 3rd day of June- —, :LSM 1996. Notary Public My Commission Expires: 'IAI.SEA BERNADETTE S O NOTARY PUBLIC STATE OF ILLINOIS MY C(M�IMISSICNJ EXP MAY 1<1944 Zvl,-G 7/ STATE OF ILLINOIS j S'S COUNTY OF DU PAGE ) I, Sandra P. Schmidt, a Notary Public in and for said County, in the State aforesaid, do hereby certify that Karen M. Bushy, personally known to me to be the President of the Village of Oak Brook, an Illinois municipal corporation, and Linda K. Gonnella, personally known to me to be the Clerk of said municipal corporation, and personally known 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 said instrument as their free and voluntary act and as the free and voluntary act of said municipal corporation for the uses and purposes therein set forth. Given under my hand and official seal this o�� day of May, 1996. —�fc Cb � Not ry Public My Commission Expires: OFFICIAL SEAL a hd'DT NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES 5.11.2000 i e•G7/ EXHIBIT A All that part of the 35th Street right of way from the east side of Illinois Route 83 to the west side of Indian Trail Road, all within the West Half of Section 35, Township 39 North, Range 11 East of the Third Principal Meridian in DuPage County, Illinois. EkH1e1T 3 METERING STATION EASED AGREEMENT Oak Brook MS-16c THIS EASEMENT AGREEMENT, made and entered into this 28th day of May 1996, by and between TAE DUPAGE WATER COM- MISSION, a county water commission created and existing under the laws of the State of Illinois (the "Commission") and the VILLAGE OF OAK BROOK, a municipal corporation created and existing under the laws of the State of Illinois and a Charter Customer of the Commission (the "Customer"); W I T N E S S E T H• WHEREAS, the Commission and the Customer have entered into a certain Water Purchase and Sale Contract dated as of June 11, 1986 (the "Contract"); and WHEREAS, the Contract provides that the Commission is to furnish, install, own, operate, maintain, repair, and replace I certain, equipment and devices, together with certain above-ground structures and portions of its water distribution main including underground feeder pipe lines and related equipment, for properly conveying and measuring the quantity of Lake Michigan water delivered by the Commission to the Customer under the Contract (collectively referred to as the "Metering Stations"); and PREPARED BY: MAIL TO: Mark E. Burkland Mark E. Burkland Burke, Bosselman & Weaver Burke, Bosselman & Weaver 55 W. Monroe St. , Suite 800 55 W. Monroe St. , Suite 800 Chicago, Illinois 60603 Chicago, Illinois 60603 WHEREAS, the Contract provides that the Metering Stations i are to be located at sites selected and provided by the Customer, subject to review and approval by the Commission; and WHEREAS, the Customer has selected the site legally de- scribed in Exhibit A attached hereto and by this reference incorporated herein and made a part hereof (the "Site") for the location of Metering Station 16c as generally depicted in Exhibit B attached hereto and by this reference incorporated herein and made a part hereof; and WHEREAS, the Commission has reviewed the Site and approved the same for the location of Metering Station 16c; and WHEREAS, the Commission has submitted to the Customer for review the drawings and specifications for Metering Station 16c; and WHEREAS, the Commission desires to install, construct, own, operate, maintain, test, inspect, remove, repair and replace its water distribution main including feeder pipe lines and related equipment (the "Feeder Main") and to use, construct, and maintain an access road (the "Access Road") to and from the Site along, over, upon, under, through and across certain property immedi- ately adjacent to the Site, which property is legally described in Exhibit C attached hereto and by this reference incorporated herein and made a part hereof (the "Access Easement") ; and WHEREAS, the Access Easement is located on and within certain real estate owned by The Illinois State Toll Highway Authority (the "Owner") ; and - 2 - A ^Ive_6 WHEREAS, the Owner has, - by Grant of Non-Exclusive Perpetual Easement dated April 28, 1988, a copy of which is attached hereto as Exhibit D and by this reference is incorporated herein (the "Access Easement Agreement"), granted to the Customer a perpetual non-exclusive easement on the Access Easement for ingress and egress to the Site and to have the right of subsurface installa- tion and maintenance of public utility facilities, including water transmission mains, in and under the Site; and WHEREAS, the Commission and the Customer desire to enter into this Easement Agreement in order to provide the Commission with a sufficient property interest in the Site and the Access Easement to fulfill the provisions and purpose of the Contract; and WHEREAS, the Commission has duly adopted its Ordinance No. 0-8-87, being "An Ordinance Requesting the Intergovernmental Transfer of Easement Rights for Metering Station Sites and Authorizing the Execution of Metering Station. Easement Agree- . ments, " pursuant to Ill. Rev. Stat. ch. 30, § 156 et sea. ; and I WHEREAS, the Customer has duly adopted its Resolution No. R-671 being "A Resolution Approving the Intergovernmental Transfer of Easement Rights- to the DuPage Water Commission" pursuant to Ill. Rev. Stat. ch. 30, § 156 et sea. ; NOW, THEREFORE, in consideration of the foregoing and for other good and valuable consideration, the receipt and suffi- ciency of which is hereby acimowledged, and in the exercise of their powers and authority under the intergovernmentRI c-3opei•a- tion provisions of Article VII, Section 10 of the Ili.a.t3o�s 3 - /4e-4 Constitution of 1970 and the Illinois Intergovernmental Coopera- tion Act (Ill. Rev. Stat. ch. 127, § 741 et sea. ) and other applicable authority, the Commission and the Customer hereby agree as follows: 1. The foregoing recitals are hereby incorporated herein as substantive provisions of this Easement Agreement. 2. The Customer hereby grants, conveys, warrants, and dedicates to the Commission, and its successors and assigns, a perpetual easement to construct, furnish, install, own, operate, maintain, test, inspect, remove, repair, and replace Metering Station 16c at, in, under, and upon the Site together with all reasonable rights of ingress and egress along or across any adjoining lands of or under the jurisdiction and control of the Customer. 3. The Customer hereby grants, conveys, dedicates and assigns to the Commission, and its successors and assigns, all of its rights, title and interest in and to the Access Easement under, through and pursuant to the Access Easement Agreement to install, construct, own, operate, maintain, test, inspect, remove, repair and replace the Feeder Main and to use, construct and maintain the Access Road to and from the Site along, over, upon under, through and across the Access Easement. 4. The Metering Station shall be not located, constructed, or maintained in any manner not in substantial conformity with Exhibit B without the express consent of the Customer, which consent shall not be unreasonably withheld. 4 - TT 5. The Commission shall exercise the easement rights hereby granted with due care, and shall not unreasonably inter- fere with, damage, or harm any Customer property located upon the Site. 6. After construction of the Metering Station, the Site shall be restored in general conformance with the Typical Land- scape Details attached hereto as Exhibit E and by this reference incorporated herein and made a part hereof. 7. The Customer hereby reserves the right to use the Site and the Access Easement and its adjacent property in any manner that will not prevent or interfere in any way with the exercise by the Commission of the rights granted hereunder; provided, however, that the Customer shall not in any manner disturb, damage, destroy, injure, obstruct, or permit to be obstructed Metering Station 16c, the Feeder Main or the Access Road without the express prior written consent of the Commission; nor shall the Customer permanently or temporarily improve, damage, or obstruct the Site, the Feeder Main or the Access Road in any manner that would impair the exercise by the Commission of the rights hereby granted. 8. The Customer agrees to indemnify and defend the Com- mission with respect to any and all claims or damages to persons or property which may arise directly from the negligence of the Customer, or its agents or employees, in performing any work on the Site or the Access Easement in ctniunction with its rights pursuant to Paragraph 7 hereof, and the Commission agrees to indemnify and defend the Customer with respect to any and all 5 - All X,G7/ claims of damages to persons or property which may arise directly from the negligence of the Commission, or its agents or employ- ees, in performing any work on the Site or the Access Easement in conjunction with its rights pursuance to Paragraphs 2, 3 and 6 hereof. The Customer shall provide to the Commission and the Commission shall provide to the Customer a certificate of insur- ance or proof of self-insurance coverage as evidence of its continuing ability to meet the obligation established in this Paragraph, and both shall maintain such coverage at all times. 9. This Easement Agreement shall constitute and stand in place of all Customer permits required by the Commission or its contractor to construct, furnish, install, own, operate, main- tain, test, inspect, repair, remove, or replace Metering Station 16c at, in, under, and upon the Site and the Feeder Main and the Access Road, along, over, upon, under through and across the Access Easement, and the Customer hereby agrees to execute any and all additional documents, approvals, waivers, or consents, if any, that may be reasonably necessary for the Commission to secure any permits required from any county, state, or federal agency for or in connection with constructing, furnishing, installing, owning, operating, maintaining, testing, inspecting, repairing, removing, or replacing Metering Station 16c, the Feeder Main or the Access Road. 10. In the event that the Contract is terminated without renewal with respect to the Customer, the Commission shall, within ninety (90) , days execute and deliver to the Customer an 6 - appropriate document evidencing the terminatec - of this Easement Agreement and releasing the easement rights hereby granted. 11. All rights, title, and privileges herein granted, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective grantees, successors, assigns, and legal representatives. 12. The Customer does hereby represent, acknowledge and I confirm that it has sufficient legal interest in, and proper legal authority concerning, the Site in order to execute this Easement Agreement. In the event that the Customer' s legal interest in, or legal authority concerning, the Site is, for any reason, terminated, or deemed or interpreted to be invalid, insufficient or nonexistent, the Customer shall reimburse the Commission for all costs and expenses incurred by the Commission pursuant to Paragraphs 2 and 3 of this Easement Agreement and shall, at the Customer' s sole cost and expense, (1) relocate Metering Station 16c, the Feeder Main and the Access Road to a I "location acceptable to the Commission within the corporate limits of the Customer and (2) take all action required of it by the j Commission to save and protect Metering Station 16c, the Feeder Main and the Access Road from any damage of injury during such relocation. The Customer does hereby acknowledge that the Commission shall not be responsible or liable for any damges, Lam' a claims or causes of action due to the loss of service caused by -, the relocation of Metering Station 16c and hereby agrees to hold Q-1 CO CD 7 - the Commission harmless from and indemnify the Commission against; any such damages, claims or causes of action. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their proper representatives duly authorized to execute the same. DUPAGE WATER COMISSION By. �• ,; ;enera3l ana r ATTEST; - A; 1 — d'l�erk VILLAGE OF OAK BROOK By: ' Pr sidentj,.,,-r A ; ''.. ATTES Clerk c:'t STATE OF ILLINOIS ) SS COUNTY OF DUPAGE ) I, Bernadette S. Slowinski a Notary Public in and for said County, in the State aforesaid, do hereby certify that James J. Holzwart, personally known to me to be the General Manager of the DuPage Water Commission, and Peter W. Ernst, personally known to me to be the Clerk of said Commission, and 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 said instrument as their free and voluntary act and as the free and voluntary act of said Commission for the uses and purposes therein set forth. Given under my hand and official seal this 3rd day of June 1992x 1996. Notary Public My Commission Expires: BERNADE'ITE S SLOWINSKI NOTARY PUBLIC STATE Of ILLINOIS MY COMMISSION EXP. MAY 12,1999 C71 7 ,l v'7 CO STATE OF ILLINOIS ) SS COUNTY OF DU PAGE ) I, Sandra P. Schmidt, a Notary Public in and for said County, in the State aforesaid, do hereby certify that Karen M. Bushy, personally known to me to be the President of the Village of Oak Brook, an Illinois municipal corporation, and Linda K. Gonnella, personally known to me to be the Clerk of said municipal corporation, and personally known to be the same persons li whose names are subscribed to the foregoing instrument, appeared i before me this day in person and acknowledged that they signed, f sealed and delivered said instrument as their free and voluntary act and as the free and voluntary act of said municipal corporation for the uses and purposes therein set forth. Given under my hand and official seal this day of May, 1996. Notar,# Public My Commission Ex ires: OFFICIAL SEAL. SANDRA P.SCHMIDT NOTARY PUBLIC. MY COMMISSION EXPIRES 5-11.2000 :t7 C71 I O 10 • 7 i I EXHIBIT A Metering Station 16c Site Legal Description A part of Lot 2 of Bullinger Estates, a subdivision in the South West 1/4 of Section 28, Township 39 North, Range 11, East of the Third Principal Meridian, according to the plat `hereof recorded August 19, 1947 as Document 527420 in DuPage County, Illinois, also being a part of a tract of land described in Warranty Deed to The Illinois State Toll Highway Commission recorded September 26, 1958 as Document 996379, said part being more particularly described as follows: Beginning at the South West corner of said Lot 2; thence on an assumed bearing of North 08 Degrees, 46 Minutes, 16 Seconds West along the West Line of said Lot 2, also being along the Westerly Line of said tract of land described in Warranty Deed recorded as Document 896379, a distance of 128.12 Feet; thence North 65 Degrees, 57 Minutes, 30 Seconds East, 26.02 Feet; thence North 53 Degrees, 35 Minutes, 16 Seconds East, 110.22 Feed: to a point on the North Line of said Lot 2, also being along the Northerly Line of said tract of lard described in Warranty Deed recorded as Document 896379; thence North 84 Degrees, 14 Minutes, 48 Seconds East, along said North Line, a distance of 97.08 Feet to the most Easterly corner of said =ract of land described in Warranty Deed recorded as Document 896379; thence South 41 Degrees, 44 Minutes, 42 Seconds West along the Southeasterly Line of said tract of :and described in Warranty Deed recorded as Document 896379, distance of 284. 65 Feet (283 .94 Feet Record) to the point of beginning. ,.D c71 :% C.T1 CO C= OAK BROOK MEYERS RD. METER STATION MS-16c to�i o t � a`V• a`T — ��r•.Lr 1�.� (N a METER STATION —-----•------- — w g' TYPE40-2 / *, ,/ ♦♦ � Cer0/4YCf1arlKpt LtAYt / o ,s IrructuntcaretTuayloe. j �dry J e / � � � ♦e♦ � YAO� •♦♦ r / •e 0 tea !u[WIN f ' a�`♦♦ °v�♦♦♦ems e�, �i •` �►�ats�� l • • 0,,,e° ♦I�4y/`100;`0♦%♦♦ ♦ ` e� .01 .a♦y ei" LOT I tools pipe O �♦4'♦fo 414`i +� . a0liii iYAii Titl41111 etl•ri11r uroArrrartuaat ' f a♦ \ trt• ��i`M♦�� a1r11' � W • � rvturt rtt[rY•Ir I N a1Mtr{J d�d��,,... tj j♦a�. �,♦a♦�a°,{►� LOT 2 t to $Dory. f ae '� 1141 rlr Fort Fort w rest•etYeYt A1,,a Itttt xUt•ellNlr r t♦�•Uttlit N OfAf ley►•Ur•At 1011. ALVORO;OUR01CR p HOWSON KAI S.IM twlYUlu I940 Cr1CAA0 O$ S : Uf - 968 ;+ EXHIBIT C Access Easement Legal Description The northerly 30 feet of Lot 1 of Bullinger Estates, a subdivision in the southwest Quarter of Section 28, Township 39 North, Range 11 East of the Third Principal Meridian, according to the plat thereof record August 19, 1947 as Document 527420 in DuPage County, Illinois. �fl CO O I � 71 C'A1N'T ol=' NON £XCLI1cTVF PERPETUAL.,FASEN�NT li THIS INDENTURE, made and entered into this 28th day of April, 1988, by and between The Illinois State Toll Highway Authority, GRANTOR, an instrumentality and administrative agency of the State of Illinois, created and existing pursuant to the laws of the State of Illinois, and the Village of Oak Brook, Illinois, GRANTEE, a municipal corporation, created and existing pursuant to the laws of the State of Illinois. WHEREAS, the GRANTOR is seized of estates in fee simple of parcels of land, hereafter described, and indicated on the Plat of Survey as Parcel 2, Parcel 3 and Parcel 4 all being part of Lot 4 of Bullinger Estates, etc., certified by Thomas E. Fahrenbach, Illinois Registered Land Surveyor No. 35 - 2126, for Project 3612; as Exhibit 'A', attached hereto, and made a part hereof; and WHEREAS, GRANTEE desires to obtain a Grant of Non-Exclusive Perpetual Easement over and upon said parcels so as to have ingress and egress to Authority Parcel No. E-2-96.1EX (Parcel 1 as shown on Exhibit "A" herein), and to have the right of subsurface installation and maintenance of public utility facilities in and under said easement. NOW, THEREFORE, for and in consideration of the following sums as indicated for the respective parcels listed below and legally described, paid by GRANTEE to GRANTOR the receipt of which is hereby acknowledged, GRANTOR for itself, its successors, grantees and assigns, and GRANTEE hereby declare as follows: 1 The GRANTOR,n-Exclusive successors Perpetu 1 Easement to the = GRANTEE for ingress and egress over and upon aforesaid Authority Parcels E-2-79.2P (parcel 2), —3 E-2-63.7P (Parcel 3) and E-2-79.3P (Parcel 4), Cn and legally described as indicated on said plat Cn of survey. CD { C.) I I F.XRTRTT n WPM Mmu RIM•x"it ', Ia '1" 2. The GRANTOR, its successors and assigns, hereby grant a Non-Exclusive Perpetual Easement to the GRANTEE for the installation and maintenance of subsurface public utilities in and under aforesaid Authority -Parcels E-2-79.2P (Parcel 2), E-2-63.7P (Parcel 3) and E-2-79.3P (Parcel 4), and legally described as indicated on said plat of survey. 3. Said Grants give full and perpetual right and liberty to GRANTEE, its officers, employees, agents: contractors and visitors, in common with all otners having the legal right, at all times hereafter for all purposes connected with the use and enjoyment of GRANTEE namely: Authority Parcel No. E-2-96.1EX, conveyed by Quitclaim Deed to said GRANTEE herein by said GRANTOR herein on April 28, 1988, for ingress and egress and to pass, repass, traverse over and upon said easement parcels and to install and maintain subsurface public utility facilities, including rights to install and maintain water service and storm sewer, but not sanitary disposal sewers in and under said easement parcels. 4. For and in consideration of the foregoing Grants of Non-Exclusive Perpetual Easement, GRANTEE shall pay to GRANTOR upon execution by GRANTEE of these said Grants the following sums: a. Nineteen Thousand Four Hundred Sixty-Eight Dollars and Three Cents ($19,468.03), for Parcel No. E-2-79.2P; consisting of approximately 18,901 square feet, and b. Four Thousand Four Hundred Seventy-Six Dollars and Thirty-Eight Cents ($4,476.38), for Parcel No. E-2-63.7P, consisting of approximately 4,346 square feet; and C. Three Thousand Five Hundred Eighty-Eight Dollars and Fifty-Two Cents ($3,58N.52), for Parcel No. E-2-79.3P, consisting of approximately 3,484 square feet. 5. it is understood and agreed that GRANTOR retains the right to use and control and to grant additional easements, rights, or interests over. upon, in and under this GRANT, this GRANT herein being non-exclusive for all purposes except those herein given to GRANTEE, including but not limited to ingress and egress by GRANTORS officers, employees, Contractors, or permitees, for inspection or any other activities and enjoyment as the GRANTOR may desire. 6. GRANTEE hereby agrees to save GRANTOR harmless and defend at GRANTEES sole expense from all costs and expenses, including but not limited -to attorneys fees and costs in connection with, actions or court proceedings arising out of the grant and exercises of the grants of easement by S GRANTEE or its successors. 7. GRANTEE may construct a road or passage over said - easement parcel(s) at GRANTEES sole expense, subject however, to the prior written approval of .i1 the plans and specification by the Chief Engineer of the Authority, which approval will not be U unreasonably withheld. c, -2- C I { 8. The GRANTEE agrees not to build or cause to be built or erected upon the •.subject real estate, any advertising sign or structure directed, whether in whole or in part, to users or patrons on the adjacent toll highway or to build or cause to be built any other structure without the prior approval of the Authority which approval shall not be unreasonably withheld. 9. The grants are subject to Reverter Clause, attached hereto as Exhibit "B" and made a part hereof. 10. The grants are not assignable unless in connection with the construction of a metering station, water storage and pumping area or other statutory authorized public purposes. a;l}ress of Grantee: Village of Oak Brook, 1200 Oak Brook Road, Oak Brook, Illinois 60521-2255. F-nP rtv Index Nos.: Cants made and agreed to as of this 28th day of April, 1988. GRANTOR: THE ILLINOIS STATI Attest: / GHWAY AUTHOF I `\ Jssistant Secrets Chairman GRANTEE: Attest: THE VILLA F OAK B (title) L.\ vk (Tit d) re.s,dp„i Approved as to Form and Constitutionality Attorney General, State of/Illinois This instrument prepared by Attorney Andrew Vrtjak, 2001 West 22nd Street, Oak Brook, Illinois 60521. CD C• f -3- 6 kr • � u,fit= �� ?3 j STATE OF ILLIENOIS ) ) SS. COUNTY OF DUPAGE ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Myron F. Weil and John W. Kiep personally known to me to be the Chairman and Assistant Secretary of The Illinois State Toll Highway Authority, appeared before me this day in person, and acknowledged that they signed, sealed and delivered the Grant pertaining to Authority Parcel No. E-2-96.1 EX. Given under my hand and official seal, this day of April, 1989. JOFFICIAL SEAL _ SANDRA D. AGUILA Notar blic NOTARY MIC.STATE OF ItLIN jAy COMMISSION EXPIRES W3V9i Q i Ca c Y3 -4- r ti 171_71 r-M—77:77M7777777. 1 RIGHT DE REVERIER IN GRANTOR AUTHORITY PARCELS NO, E-2-79-2P E-2-63 7P and E-2=22-3P This Reverter is attached to and made a part of the Grant of Non-Exclusive Perpetual Easement from THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY to THE VILLAGE OF OAK BROOK, ILLINO:S, dated April 28, 1988. By acceptance hereof, the Grantee agrees that should the Grantee fail to use and maint6in the property as described in the Grant of non-exclusive easement for statutory authorized public purposes or in connection with the operation of a metering station, water storage and pumping area and after thirty (30) days written notice requesting compliance herewith, then, at the option of The .1111nois State Toll Highway Authority, through written declaration of its Chief Engineer, the title to the property herein conveyed shall thereupon revert to and become the property of The Illinois State Toll Highway Authority, its successors or assigns, upon tender of reimbursement by the Authority to the Grantee herein of the sum of Nineteen Thousand Four Hundred Sixty-Eight Dollars and Three Cents (519,468.03) for Parcel No. E-2-79.2P; Four Thousand Four Hundre_ Seventy-Six Dollars and Thirty-Eight Cents ($4,476.38) for Parcel No. E •2-63.7P; and Three Thousand Five Hundred Eighty-Eight Dollars and Fifty-Two Cents ($3,588.52) for Parcel i No. E-2-79.3P, without interest, cost or expense., free and clear cf any claims, liens, mortgages or other encumbrances and objections to title that may have arisen or attached to the property following the grant from Grantor to Grantee. 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HT. r« : .I CHINENSIS PFITZERIANA 11,•4" CALIBER Is OFFI T ZsR JUNIPER) FT tiT._... .. I;::.E:. DUNG=NS CALIPER I ;,.oLoq.%Do GREE"+ F1' Ytitu:~ --- ---_ a EuOnYI�IOUS FORTUNE I -s-�- �' I I IS" HT I^" (EFtE.�t.1:D f► GvL() WINTER - - -- --�— ---� --- - SOD ENTIRE AREA- • VARIES: . —� - '-� WITHIN CONSTRUCTION LIMITS V. DiL:+TATUM (LINDEN V!8URNUM) 5` FT. HT. 12- NOTE: PLANTING NOT REQUIRED AT FOLLOWING SITES-. MS-14c,MS-19C t MS-25 b' REtIN'F RUBBER i v HOSE AT WIRES —7 ` � 614 GALV. WIRE / t TWIS DDOUBLE STRA; 4-2%2"STAKFG /. :~SARK MULCH 3 CU.FT BARK MULCH T6AP. SAUeXR d AT EACH SHRU TEMPORARY SAUCER 40Zf1`M it i2�ti 8 8 9 M 4 OZ.FILM - 11 MIN. B 8 B MIN !l . 3�MIN. COMPACTED TOP SOIL i DECIDUOUS SHRUB DET. TREE PLANTING DETAIL. 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NOT TO SCALE 'tt A P111 3 ! % f ` t' # /�M� • fir.J:.`.,�F (Above Space For Recorder s Office Only) VILLAGE OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60521 RECORDED DOCUMENT TITLE PAGE Title of Document gF ,oT.rrmTn�T ��_n ac-_F _ n�fi 4� I2FCrlT rrmrfltY ,+,n,Y TT-TF� Z;=.- AT-ITTO RT7.11WZ THE ZX'-R('.T''T'T() T nF FT •aT ZTER-STON.1; ti C^ nF AST Tt 1?TN� CT.-T Tn\T t+TE1 7F',!V __c rti��T F. zor Property Address/es , z�,; , a =L r�_a�, �r`� r ry�7 �fIe tei �t-aa-ion site ', 1 _- na�a7v^ • �, T�Pi°t.rnr�n vnrk 'z? ,: Ttrnrsk T1 1 irini + ' -A T�C?i1 /TC :Tt„}'��J'c l7 t- Y C• y- i � I Name &Address of Responsible J._, -T 1 1 i r-nn 1C Party to Receive Recorded Document and Billing: r YTI 1 G/L Account#to be Billed r1, 1 = 17nr Prepared By:_Village of Oak Brook Return To Village of Oak Rrnnk 1 1200 Oak Brcok Road 1200 Oak Brook Road Oak Brook- Illinois 60521 Oak Brook Illinois 605?1 I Name & Address of Recipient �z � of Consideration (when applicably): GiL Account#to be Charged _ ._. . ,e-471 * R STATE OF ILLINOIS ) ) SS. COUNTIES OF COOK AND DU PAGE ) 1,Linda K. Gonnella,do hereby certify that I am the duly elected and acting Village Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois. I DO FURTHER CERTIFY that on May 28. 1996, the corporate authorities of the above municipality passed and approved Resolution 96-DWC- -R-671,A FSOi i-UON AUTHORIZING THE INTERGOVE NMENT I T ANSFF OF EASEMENT RIGHTS TO THE DU PAGE WATER COMMSSION AND A THORI ,INQ]BF EXECUTION OF FINAL VERSIONS OF MFT RING STATION AND PIPELINE AS ;T AGREEMENTS BETWEEN THE VILLAGE- OF BROOK AND THE DU PAGE WATER COMMISSION(E h'bit 1 Metering Slation EasemenLAgmeLnenj Oak Brook MS t 6a Exhibit 2 DuPage Water Co ion Fas(u= A^=ement 16b* Exhibit 3. Metering,Ssar;on Easement Aereemeat Oak ..mp, MS-16c-). I DO FURTHER CERTIFY that the original documents,of which the annexed copy is a true copy, is entrusted to my care for safekeeping and 1 am the keeper of the same. I DO FURTHER CERTIFY that I am the keeper of the records,journals, entries, resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and Cook Counties. Illinois. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the `tillage of Oak Brook this 5—th day of T,une. 1996. �3 r Linda Gonnella A, .a� Village Clerk "C' Village of Oak Brook co -.,". DuPage and Cook Counties, IL to