R-1507 - 11/24/2015 - EASEMENT- VACATION - Resolutions Supporting Documents ITEM 8.A. 1)
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COUN-T I.
E ®A ITEM
Regular Board of Trustees Meeting
of
November 24,2015
SUBJECT: Approval of Grant of Easement to Flagg Creek Water Reclamation District
FROM: Doug Patchin, Interim Public Works Director
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move that the Village Board approve the Grant of
Easement to Flagg Creels Water Reclamation District for construction and operation of a
sanatary lift station.
Background/History:
At the November 10t1i Board meeting this item was deferred to provide further information to the
Board as to the location of the new easement and the reasons for that easement. The lift station
has been constructed over the past two months. Staff is prepared to display the reason the new
easement is required for the connection to the lift station with additional exhibits.
In September 2012, the Village Board granted an easement to Flagg Creek Water Reclamation
District (FCWRD) for a lift station on the southeast corner of 31St Street and Meyers Road. Due
to utility conflicts FCWRD has indicated that they need to modify the 2012 agreement. Upon
execution of this agreement, the original agreement will be vacated.
The FCWRD operates two lift stations in the vicinity of 31St Street and Meyers Road. One is
located to the east of this intersection and services the Midwest Club subdivision. The other one
is located just northwest of the intersection and services Avenue Lorie and some Oak Brook
residents south of 31St Street. FCWRD wishes to construct gravity sewer lines from these
locations and consolidate the lift station into one pumping station at 31St Street and Meyers Road.
Therefore, we will have to grant FCWRD an easement on the property to allow construction of
the improvement. In the past we have granted these types of easements to FCWRD. The
Village's well # b and water pumping station are located on this property.
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Construction of this new lift station would reduce the number of equipment failures and resulting
sewer backups for the residents of Midwest Club and Ave 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.
Recommendation:
I recommend that the Village Board approve the attached grant of easement.
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Last printed 11/13/2015 11:21 AM
RESOLUTION 2015-EASE-FCWRD-EX1-R-1507
A RESOLUTION APPROVING AND AUTHORIZING
THE EXECUTION OF A PERMANENT NON-EXCLUSIVE EASEMENT
(FLAGG CREEK WATER RECLAMATION DISTRICT)
WHEREAS, in September of 2012, the Village granted an easement to the Flagg Creek Water
Reclamation District ("FCWRD'� to permit the FCWRD to install a lift station on the southeast corner of
31St Street and Meyers Road ("Easement'j; and
WHEREAS, the FCWRD now desires to modify the Easement to allow it to consolidate its
facilities and construct additional sewer lines pursuant to the easement grant agreement attached hereto
as Exhibit A("EasementAgreement'j; 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 Easement 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 the Easement Agreement. The President and Board of Trustees
hereby approve the Easement Agreement by and between the Village and the FCWRD in substantially
the same form as attached as Exhibit A, and in a final form approved by the Village Attorney.
Section 3: Authorization and Execution of the Easement Agreement. The Village Manager
and Village Clerk shall be, and hereby are, authorized to execute the Easement Agreement after receipt
of the final Easement Agreement fully executed by the FCWRD.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
Resolution 2015-EASE-FCWRD-EX1-R-1507
Permanent Non-Exclusive Easement
w/Flagg Creek Water Reclamation District
Page 2 of 3
APPROVED THIS 24th day of November, 2015
Gopal G. Lalmalani
Village President
PASSED THIS 24th day of November, 2015
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
-2-
Resolution 2015-EASE-FCWRD-EXI-R-1507
Permanent Non-Exclusive Easement
w/Flagg Creek Water Reclamation District
Page 3 of 3
EXHIBIT A
EASEMENT AGREEMENT
-3-
EASEMENT GRANT
THIS GRANT OF EASEMENT, made this day of
2015 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 Easements, and Temporary Easement (each, as described herein) for the
purposes described herein; and
WHEREAS, the Grantor is willing to convey to FCWRD permanent and access easements to the
property legally described in Exhibit A and Exhibit B attached hereto ("Permanent and Access
Easements") and a temporary easement to the property legally described in Exhibit C attached hereto
("Temporary Easement"); the Permanent and Access Easements, and the Temporary Easement are
illustrated in Exhibit D, attached hereto, for the sole purposes described herein; and
WHEREAS, the Grantor is willing to grant, and FCWRD is willing to accept, the Permanent and
Access Easements, and 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 ILCS
605/1 et seq., the parties hereto agree as follows:
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1. GRANT OF EASEMENT
A. Permanent and Access Easements. Grantor hereby bargains, sells, grants,
transfers and conveys to the FCWRD, and its successors and or assigns, permanent easements, on that
portion of the premises legally described in Exhibits A and B, 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 FCWRD, its successors and or assigns, a temporary easement on that portion of the premises
legally described in Exhibit C solely for the purposes of construction, reconstruction, replacement, repair
and maintenance of the System. FCWRD's rights to use the Temporary Easement pursuant to this Grant
of Easement shall terminate and expire June 17, 2017.
2. CONDITIONS FOR USE OF EASEMENTS
In consideration of the grants of the permanent and access easements, and temporary
easement, 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 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 Easements, and
the Temporary Easement, or that arise in any way out of this Grant of Easement. In the event of the
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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
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 attorney's 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 Easements, and the Temporary Easement by FCWRD.
C. Grantor Improvements. The Grantor and its successors, assigns, and
beneficiaries may use the Permanent and Access Easements, 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 or 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 Easements, and 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
required work 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.
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3. ADDITIONAL EASEMENTS.
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 contained 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
the Temporary Easement 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 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
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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. UTILITIES. FCWRD will require certain utilities (Commonwealth Edison & Nicor Gas) to
operate the System. The Grantor hereby grants FCWRD authority to connect utilities to the System
over, upon, across, within, and under the premises of Lot 1 and lot 2 as described in Exhibits A and B,
provided however; the utilities do not interfere with the operations of the Grantor, Before the utilities
are installed the Grantor must approve of the location of the utilities.
7. VACATION OF ORIGINAL EASEMENT. Upon execution of this Easement Grant and the
recording of this instrument, the original easement on the Grantor's premises recorded on September
26, 2012 as Document Number 82012133632 thereby will be vacated.
8. AMENDMENT,
This Easement Grant may be modified, amended, or annulled only by the written agreement of
the Grantor and FCWRD.
9. EXHIBITS.
Exhibits A, B, C, and D, are attached to this Easement Grant are incorporated herein and made a
part hereof by this reference.
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The Grantor has executed this instrument consisting of 6 pages and Exhibits A, 8, C, and D, 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 taws of the State of Illinois
By:
Clerk President
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EXHIBIT A
GRANTOR: VILLAGE OF OAK BROOK
PARCEL 1A-PERMANENT AND ACCESS EASEMENT
THAT PART OF LOT 1 OF THE OAK BROOK SUBDIVISION NO, 1 OF THE NORTHWEST Y 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:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE
NORTHERLY LOT LINE OF THE AFORESAID LOT 1, 253.68 FEET,TO THE EASTERLY LOT LINE OF SAID LOT 1;
THENCE SOUTHERLY ALONG SAID EASTERLY LOT LINE 25.00 FEET; THENCE WESTERLY AT RIGHT ANGLES
WITH THE LAST DESCRIBED LINE, 83.68 FEET; THENCE SOUTHERLY AT RIGHT ANGLES WITH THE LAST
DESCRIBED LINE, 140.00 FEET;THENCE WESTERLY AT RIGHT ANGLES WITH THE LAST DESCRIBED LINE,
70.00 FEET;THENCE NORTHERLY AT RIGHT ANGLES WITH THE LAST DESCRIBED LINE, 140.00 FEET;
THENCE WESTERLY AT RIGHT ANGLES WITH THE LAST DESCRIBED LINE, 100.00 FEET,TO THE WESTERLY
LOT LINE OF SAID LOT 1; THENCE NORTHERLY ALONG SAID WESTERLY LOT LINE, 25.00 FEET,TO THE
POINT OF BEGINNING.
ALL AS SHOWN ON AN ILLUSTRATION MARKED EXHIBIT D ATTACHED HERETO AND MADE A PART
HEREOF.
P.I.N. NO, 06-33-103-013
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EXHIBIT B
GRANTOR: VILLAGE OF OAK BROOK
PARCEL 1B-PERMANENT AND ACCESS EASEMENT
THAT PART OF LOT 2 OF THE OAK BROOK SUBDIVISION NO. 1 OF THE NORTHWEST%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 NORTH 25.00 FEET OF SAID LOT 2.
ALL AS SHOWN ON AN ILLUSTRATION MARKED EXHIBIT D ATTACHED HERETO AND MADE A PART
HERETO.
P.I.N. NO. 05-33-103-014
GRANTOR:VILLAGE OF OAK BROOK
EXHIBIT C
PARCEL 1C--TEMPORARY EASEMENT
THAT PART OF LOT 1 OF THE OAK BROOK SUBDIVISION NO. 1 OF THE NORTHWEST% 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 AFORESAID LOT 1, 253.68 FEET TO THE EASTERLY LOT LINE OF SAID LOT 1;
THENCE SOUTHERLY ALONG THE SAID EASTERLY LOT LINE, 105.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE LAST DESCRIBED LINE, 142.00 FEET TO THE SOUTHERLY LOT LINE OF
SAID LOT 1; THENCE WESTERLY AT RIGHT ANGLES WITH THE LAST DESCRIBED LINE, 203.68 FEET;
THENCE NORTHERLY AT RIGHT ANGLES WITH THE LAST DESCRIBED LINE, 222.00 FEET; THENCE EASTERLY
AT RIGHT ANGLES WITH THE LAST DESCRIBED LINE, 50.00 FEET;THENCE SOUTHERLY AT RIGHT ANGLES
WITH THE LAST DESCRIBED LINE, 140.00 FEET;THENCE EASTERLY AT RIGHT ANGLES WITH THE LAST
DESCRIBED LINE, 70.00 FEET; THENCE NORTHERLY AT RIGHT ANGLES WITH THE LAST DESCRIBED LINE,
60.00 FEET; THENCE EASTERLY AT RIGHT ANGLES WITH THE LAST DESCRIBED LINE, 83.68 FEET TO THE
POINT OF BEGINNING.
ALL SHOWN ON AN ILLUSTRATION MARKED EXHIBIT D ATTACHED HERETO AND MADE A PART OF
HEREOF.
P.I.N. NO. 06-33-103-013
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Corporate Jurat
STATE OF ILLINOIS )
) SS
COUNTY OF DUPAGE )
I, 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. 2015.
Notary Public
My Commission Expires:
A.D., 20
10
Corporate lurat
STATE OF ILLINOIS }
) SS
COUNTY OF DUPAGE }
I, a Notary Public in and for said County
and State aforesaid, do hereby certify that the President and Clerk of the Flagg Creek Water Reclamation
District who are personally known to me to be the same persons whose names are subscribed to the
foregoing instrument as such President and 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 Flagg Creek Water Reclamation District 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. 2015.
Notary Public
My Commission Expires:
A.D., 20
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