R-1361 - 04/22/2014 - EASEMENT- VACATION - Resolutions RESOLUTION 2014-EASE-FCWRD-EX1-R-1361
A RESOLUTION APPROVING AND AUTHORIZING
THE EXECUTION OF A PERMANENT NON-EXCLUSIVE EASEMENT
(FLAGG CREEK WATER RECLAMATION DISTRICT)
WHEREAS, the Village and the Flagg Creek Water Reclamation District ("FCWRD") desire to
establish permanent, non-exclusive easements and a temporary easement for the benefit of FCWRD on
Village property located at the intersection of York Road and Dover Drive to allow FCWRD to install and
maintain a sewage conveyance system ("Easement"); 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;
NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows:
Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part
of, this Resolution as the findings of the President and Board of Trustees of the Village of Oak Brook.
Section 2. Approval of Easements. The permanent easements and temporary easement
granted by the Village to FCWRD is hereby approved in substantially the form attached to this Resolution
as Exhibit A and in final form as acceptable to the Village Attorney.
Section 3. Authorization and Execution. The Village President and the Village Clerk are
hereby authorized and directed to execute and seal the Easement on behalf of the Village in the final form
as approved by the Village Attorney.
Section 4: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
APPROVED THIS 22nd day of April, 2014.
Gopal G. Lalmalani
Village President
PASSED THIS 22nd day of April, 2014.
Ayes: Trustees Adler, Baar, Manzo, Moy, Wolin, Yusuf
Nays: None
Absent: None
ATTEST arteUt"('-i.C411L -11/'
Charlotte K. Pruss
Village Clerk
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Resolution 2014-EASE-FCWRD-EX1-R-1361
Flagg Creek Water Reclamation District Agreement
Page 2 of 2
EXHIBIT A
EASEMENT AGREEMENT
-2-
This instrument prepared by
and after recording return to:
Peter M. Friedman
Holland & Knight LLP
131 South Dearborn Street, 30th Floor
Chicago, Illinois 60603
SEWER EASEMENT AGREEMENT
Ji).Ue
THIS AGREEMENT ("Agreement') is dated as of the JAIL of wit 2014, ("Execution
Date") by and between the VILLAGE OF OAK BROOK, an Illinois municipal corporation
("Village"), and FLAGG CREEK WATER RECLAMATION DISTRICT, a municipal corporation
organized and existing under the laws of the State of Illinois ("FCWRD").
WITNESSETH:
WHEREAS, the Village is the legal owner of record of certain real property situated in
the Village of Oak Brook, County of DuPage, and State of Illinois, which real property is legally
described in Exhibit A attached hereto and by this reference incorporated herein and made a
part hereof("Permanent Easement 1 Premises"); and
WHEREAS, the Village is the legal owner of record of certain real property situated in
the Village of Oak Brook, County of DuPage, and State of Illinois, which real property is legally
described in Exhibit B attached hereto and by this reference incorporated herein and made a
part hereof("Temporary Easement Premises"); and
WHEREAS, the Village is the legal owner of record of certain real property situated in
the Village of Oak Brook, County of DuPage, and State of Illinois, which real property is legally
described in Exhibit C attached hereto and by this reference incorporated herein and made a
part hereof ("Permanent Easement 2 Premises") (Permanent Easement 1 Premises and
Permanent Easement 2 Premises are, collectively "Permanent Easement Premises")
(Permanent Easement Premises and Temporary Easement Premises are, collectively
"Easement Premises"); and
WHEREAS, FCWRD desires to locate sewer lines to serve Village residences and
businesses in, under, through, along, and across the Permanent Easement Premises;
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and the mutual
covenants and agreements set forth herein and other good and valuable consideration paid by
FCWRD to the Village, the receipt and sufficiency of which are hereby acknowledged, the
parties thereto mutually agree as follows:
SECTION ONE: Grant of Permanent Easements. The Village hereby grants,
conveys, warrants, and dedicates to FCWRD, its successors and assigns, perpetual easements
and right of way to survey, construct, reconstruct, lay, use, own, operate, maintain, test, inspect,
repair, replace, enlarge, renew, alter, remove, or abandon in place (these activities shall
hereinafter collectively be referred to as "Installation") sewer lines to serve Village residences
and businesses with such attachments, equipment, and appurtenances thereto as FCWRD may
reasonably require for its needs (hereinafter collectively referred to as the "Facilities"), subject
to the terms and conditions hereinafter set forth, in, under, through, and along, the Permanent
Easement Premises.
SECTION TWO: Grant of Temporary Easement. The Village hereby grants, conveys,
warrants, and dedicates to FCWRD, its successors and assigns, a temporary easement and
right of way to use the Temporary Premises as a construction staging area to install sewer lines
and Facilities in, under, through, and along, the Permanent Easement Premises. The
temporary easement granted herein shall automatically expire on F0-6r uary 24, to 7
SECTION THREE: Installation. FCWRD agrees that the Installation of the Facilities
shall be done and completed in a good and workmanlike manner, all at the sole expense of
FCWRD.
SECTION FOUR: Restoration. Upon completion of any Installation activity by
FCWRD, its authorized agents, servants, employees, or contractors, FCWRD agrees to restore
all fences, roads, and improvements as nearly as practicable to the condition immediately
preceding the Installation if damaged or removed by FCWRD as a direct result of the
Installation.
SECTION FOUR: Hold Harmless. FCWRD agrees to save and hold the Village
harmless from all claims, causes of action, suits, damages, or demands that arise directly from
the negligence of FCWRD or its authorized agents, servants, employees, or contractors in the
Installation of the Facilities on the Easement Premises.
SECTION FIVE: Reservation of Rights. The Village hereby reserves the right to use
the Easement Premises in any manner that will not prevent or interfere in any way with the
exercise by FCWRD of the rights granted hereunder. The Village shall have the right to grant
other non-exclusive easements over, along, upon, or across the Easement Premises; provided,
however, that any other easements shall be subject to this Agreement and the rights granted
hereby.
SECTION SIX: Covenants Running with the Land. The easements and rights
granted in this Agreement, the restrictions imposed by this Agreement, and the agreements and
covenants contained in this Agreement shall be easements, rights, restrictions, agreements,
and covenants running with the land, shall be recorded against the Easement Premises, and
shall be binding upon and inure to the benefit of FCWRD and the Village and their respective
heirs, executors, administrators, grantees, successors, assigns, agents, licensees, invitees, and
representatives, including, without limitation, all subsequent owners of the Easement Premises,
or any portion thereof, and all persons claiming under them. If any of the easements, rights,
restrictions, agreements, or covenants created by this Agreement 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 any now living lawful
descendants of any current or former President of the United States.
SECTION SEVEN: Assignment of Rights. FCWRD agrees that it may assign its
rights or delegate its duties under this Agreement, only upon the written consent of the Village.
SECTION EIGHT: Amendment. This Agreement may be modified, amended, or
annulled only by the written agreement of FCWRD and the Village.
SECTION NINE: Survival. All representations and warranties contained herein shall
survive the execution of this Agreement and the recordation thereof and shall not be merged.
[SIGNATURE PAGES TO FOLLOW.]
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IN WITNESS WHEREOF, the parties hereto have executed or have caused this
instrument to be executed by their proper officers duly authorized to execute same.
VILLAG- OF OAK BROOK
By: !'
Its: Village President
STATE OF ILLINOIS )
) SS
COUNTY OF DUPAGE )
I, 'R R. kA , a Notary Public in and for said County, in the State
aforesaid, do hereby certify that GopAt., C--• LA-Llk.AL.ANI , personally known to
me to be the U11.Lt Gk. ktSii.#1i of the Village of Oak Brook, and personally known to me
to be the same person whose name is subscribed to the foregoing instrument, appeared before
me this day and acknowledged that as the \J f 1..thec PD4<ih,ca» of the Village of Oak Brook,
he signed and delivered said instrument as his free and voluntary act and as the free and
voluntary act of the Village of Oak Brook for the uses and purposes therein set forth.
Given under my hand and official seal this I (6,-r“ day of PicIA C-2 , 2014.
ROSEMARY A. KANE
/ OFFICIAL SEAL
1 Notary Public-State of Illinois
y Pu•lic My Commission Expires
April 21,2018
My commission expires: APL L 3 i�4 e l g
(SEAL)
4
FLAGG CREEK WATER RECLAMATION
DIS 1
By:, .._4? / I 01_:
Its: P76 )1)
STATE OF ILLINOIS )
) SS
COUNTY OF COOK ) pp
#4 R r,. U a Notary Public in and for said County, in the State
aforesaid, do hereby certify that N R ERT A . STS , personally known to me to be
the same person whose name is subscribed to the foregoing instrument, appeared before me
this day and acknowledged that [he][she] signed and delivered said instrument as [his][her) free
and voluntary act and the voluntary act of the Flagg Creek Water Reclamation District for the
uses and purposes therein set forth.
Given under my hand and official seal this 22W day of A4 Held' r , 2014.
OFFICIAL. SEAL
Notary Publiw ROBERT L. A RAHAM
. t,},r!.RV PUBLIC,STATE:OF ILLINOIS
My commission expires: -mnission Expires May 23,2015
(SEAL)
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EXHIBIT A
LEGAL DESCRIPTION OF PERMANENT EASEMENT 1 PREMISES
THAT PART OF LOT 3 OF JAY C. BENNETT COUNTY CLERK'S DRAKE OAK BROOK INC.
ACCESSMENT PLAT IN THE NORTHEAST%OF SECTION 28,TOWNSHIP 38 NORTH, RANGE 11, EAST OF
THE 3RD PRINCIPAL MERIDIAN IN DUPAGE COUNTY, ILLINOIS,SAID LOT 3 IS CONTAINED IN A DEED
DATED DECEMBER 31ST 1981 AND RECORDED JANUARY 29, 1982 AS DOCUMENT R82-03724 FROM THE
OAK BROOK DRAKE INC.TO THE VILLAGE OF OAK BROOK, SAID PARCEL BEING A TRACT OF LAND MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NW CORNER OF AFORESAID LOT 3,THENCE N 87°58'25" E,40.00 FEET;
THENCE S 02°01'35" E, 68.00 FEET;THENCE S 87°58'25" W 25.00 FEET;THENCE S 02°01'35" E, 120.67
FEET;THENCE S 87°58'25"W, 15.00 FEET TO THE WESTERLY LOT LINE OF AFOREMENTIONED LOT 3, SAID
WESTERLY LOT LINE ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF YORK ROAD;THENCE
N 02°01'35"W ALONG SAID WESTERLY LOT LINE 188.67 FEET TO THE POINT OF BEGINNING.
P.I.N. NO. 06-25-200-017
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EXHIBIT B
LEGAL DESCRIPTION OF TEMPORARY EASEMENT
THAT PART OF LOT 3 OF JAY C. BENNETT COUNTY CLERK'S DRAKE OAK BROOK INC.
ACCESSMENT PLAT IN THE NORTHEAST 1/<OF SECTION 28,TOWNSHIP 38 NORTH, RANGE 11, EAST OF
THE 3RD PRINCIPAL MERIDIAN IN DUPAGE COUNTY, ILLINOIS,SAID LOT 3 IS CONTAINED IN A DEED
DATED DECEMBER 31ST 1981 AND RECORDED JANUARY 29, 1982 AS DOCUMENT R82-03724 FROM THE
OAK BROOK DRAKE INC.TO THE VILLAGE OF OAK BROOK,SAID PARCEL' BEING A TRACT OF LAND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 75.00 FEET OF THE NORTH 75.00 FEET OF SAID LOT 3 EXCEPTING THEREFROM
PARCEL 1 ,
P.I.N. NO.06-25-200-017
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EXHIBIT C
LEGAL DESCRIPTION OF PERMANENT EASEMENT 2 PREMISES
THAT PART OF LOT 3 OF JAY C. BENNETT COUNTY CLERK'S DRAKE OAK BROOK INC.
ACCESSMENT PLAT IN THE NORTHEAST'A OF SECTION 28, TOWNSHIP 38 NORTH, RANGE 11, EAST OF
THE 3RD PRINCIPAL MERIDIAN IN DUPAGE COUNTY, ILLINOIS,SAID LOT 3 IS CONTAINED IN A DEED
DATED DECEMBER 31ST 1981 AND RECORDED JANUARY 29, 1982 AS DOCUMENT R82-03724 FROM THE
OAK BROOK DRAKE INC.TO THE VILLAGE OF OAK BROOK, SAID PARCEL_ BEING A TRACT OF LAND
LYING 5.00 FEET ON EACH SIDE OF A CENTER LINE MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NW CORNER OF AFORESAID LOT 3 THENCE N 87°58'25" E,40.00 FEET;
THENCE S 02°01'35" E, 10.00 FEET TO THE POINT OF BEGINNING;THENCE N 87°58'25" E, 60.00 FEET;
THENCE S 47°01'35" E,83.00 FEET;THENCE S 02°01'35" E, 68.00 FEET;THENCE S 47°01'35" E,16.00
FEET; MORE-OR LESS,TO A POINT OF TERMINATION ON THE SOUTHEASTERLY LOT LINE OF THE
AFORESMENTIONED LOT 3.
P.I.N. NO. 06-25-200-017
THE SIDELINES OF SAID PARCEL: ARE TO BE LENGTHENED OR SHORTENED BEGINNING ON A
LINE HAVING A BEARING OF 2 02°01'35"E AND TERMINATING ON THE SAID SOUTHEASTERLY LOT LINE
HAVING A BEARING OF S 42°58'25"W.
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