R-1496 - 09/22/2015 - EASEMENT- VACATION - Resolutions RESOLUTION 2015-EASE-SWM-R-1496
A RESOLUTION APPROVING AND AUTHORIZING
A STORM SEWER EASEMENT AGREEMENT FOR 37 CHATHAM LANE
WHEREAS, the Village desires to install and maintain a storm sewer on a portion of the property
located at 37 Chatham Lane, Oak Brook, Illinois ("Property's, which Property is owned by Mr. and Mrs.
Deepak Leekha(collectively, "Owner'j; and
WHEREAS, the Village and the Owner desire to enter into an easement agreement in order to
permit the Village to install and maintain the storm sewer on the Property ("Easement Agreement'j; and
WHEREAS, the President and Board of Trustees of the Village have determined that it will serve
and be in the best interests of the Village and its residents to enter into the Easement Agreement with the
Owner;
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 Owner 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 Owner.
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-SWM-R-1496
Approval of Storm Sewer Easement Agreement
Page 2 of 3
APPROVED THIS 22nd day of September, 2015'
Gopal G. Lalmalani
Village President
PASSED THIS 22nd day of September, 2015
Ayes: Trustees Baar, Manzo, Moy, Tiesenga, Yusuf. Adler
Nays: _
None
Absent: None
ATTEST:
f Charlotte K.Pruss
A
- � Village Clerk
4 ems,, �v'N1
l y6 1
-2-
Resolution 2015-EASE-SWM-R-1496
Approval of Storm Sewer Easement Agreement
Page 2 of 3
EXHIBIT A
EASEMENT AGREEMENT
-3-
PREPARED BY:
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK,IL 60523
AFTER RECORDING
RETURN TO:
VILLAGE OF OAK BROOK
1200 OAK BROOK ROAD
OAK BROOK,IL 60523
ATTN:
NON-EXCLUSIVE STORM SEWER EASEMENT AGREEMENT
Deepak Leekha and Deepti Chauhan-37 Chatham Lane
THIS AGREEMENT is dated as of this day of October, 2015, by and between the
VILLAGE OF OAK BROOK, an Illinois municipal corporation (the "Village"), and Deepak Leekha
and Deepti Chauhan (collectively,the "Owner").
IN CONSIDERATION OF the mutual covenants and agreements set forth herein and pursuant
to the Village's powers,the parties hereto agree as follows:
1. BACKGROUND.
A. The Owner is the owner of certain real estate situated at 37 Chatham Lane, Oak Brook,
County of DuPage, State of Illinois, which real estate is legally described in Exhibit A attached hereto,
and by this reference,made a part hereof(the "Subject Property").
B. The Owner and the Village have determined that it is in their respective best interests to
enter into this Agreement in order to provide the Village with a sufficient property interest in the Subject
Property to fulfill the purposes described herein.
2. GRANT AND USE OF EASEMENT. The Owner grants, conveys, warrants, and dedicates to
the Village a perpetual easement in, at, over, along, across, through, upon, and under that portion of the
Subject Property identified and depicted on Exhibit B, attached hereto, and by this reference, made a part
hereof(the "Easement Premises"), to survey, construct, operate, use, maintain, own, test, inspect, repair,
remove, and replace or abandon in place (collectively the "Installation and Maintenance") an 8"
diameter storm sewer (the "Facilities") together with all reasonable rights of ingress and egress over,
along, across,and upon the Subject Property necessary for the exercise of the rights granted herein.
3. HOLD HARMLESS. The Village agrees to hold the Owner harmless from all claims, causes of
action, suits, damages, or demands that arise directly from the Installation and Maintenance of the
Facilities on the Easement Premises.
4. RESERVED RIGHT. The Owner retains the right to use the Easement Premises in any
manner that will not prevent or interfere in any way with the exercise by the Village of the rights granted
herein; provided, however, that the Owner shall not permanently or temporarily improve or obstruct the
Easement Premises or cause any improvements or obstructions to be constructed on the Easement
Premises that would impair the exercise by the Village of the rights granted herein without the express
prior written consent of the Village Manager.
5. ADDITIONAL EASEMENTS. The Owner shall have the right to grant other non-exclusive
easements over, along, across or upon the Easement Premises; provided, however, that any such other
easements shall be subject to this Agreement granted hereby; and provided further, that the Village
Manager shall have first consented in writing to the terms, nature, and location of any such other
easements.
6. VILLAGE RESTORATION. Upon completion of any construction, repair and/or other
activity involved in the Installation and Maintenance of the Facilities,the Village agrees to(a)replace and
grade any and all topsoil removed by the Village; (b) restore the Easement Premises to the condition as
existed immediately preceding such activities; (c) replace any and all natural grass removed with sod of
like quality. Any existing or future improvements that are placed within the Easement Premises in
violation of the terms of this Agreement and which are unavoidably disturbed during such construction,
repair and/or other maintenance activity will be the responsibility of the Owner. The Village shall
undertake all reasonable measures to ensure the proper removal, storage and/or protection and re-
installation of any fences, sheds, trees, small shrubs and other landscaping features that are in or
immediately adjacent to the Easement Premises.
7. 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 Subject Property and shall be binding upon and inure to the benefit of the
Owner and the Village and their respective heirs, executors, administrators, successors, assigns, agents,
licensees, invitees, and representatives, including,without limitation, all subsequent owners of the Subject
Property, 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 continue only until 21 years after the death
of the last survivor of the now living lawful descendants of Bruce Rauner, current Governor of the State
of Illinois.
8. ASSIGNMENT OF RIGHTS. The Owner agrees that the Village may assign its rights or
delegate its duties under this Agreement 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 the
Owner that any activity performed pursuant to such assignment or delegation shall be conducted in a good
and workmanlike manner. Notwithstanding any such assignment, Village shall not be released from its
obligations under Section 4 of this Agreement.
9. AMENDMENT. This Agreement may be modified, amended or annulled only by the written
agreement of the Owner and the Village.
10. EXHIBITS. Exhibits A and B attached to this Agreement are incorporated herein and made a
part hereof by this reference.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on
the date first above written.
ATTEST: VILLAGE OF OAK BRO K,
an Ill' o municipal co on
By:
Charlotte Pruss,Village Clerk Riccardo Ginex
Its: Village Manager
OWNER
ATT
B By:
Deepak Leekha, an individual
OWNER
ATTEST:
By: By:
Deepti Chauhan, an individual
ACKNOWLEDGMENTS
STATE OF ILLINOIS )
COUNTY OF DUPAGE )
This instrument was acknowledged before me on , 2015, by Riccardo Ginex,
the Village Manager of the VILLAGE OF OAK BROOK, an Illinois municipal corporation, and by
Charlotte Pruss,the Village Clerk of said municipal corporation.
Signature of Notary
SEAL
My Commission expires:
STATE OF ILLINOIS )
COUNTY OF )
This instrument was acknowledged before me on , 2015, by Deepak Leekha
and Deepti Chauhan known to me to be the persons whose names are subscribed to the foregoing
instrument and who did acknowledge that they executed the above instrument, duly authorized,
voluntarily and as their free act and deed.
Signature of Notary
SEAL
My Commission expires:
EXHIBIT A
Legal Description of the Subject Property
Lot 207 in York Woods Unit 2,being a subdivision in the East Half of Section 25, Township 39 North,
Range 11 East of the Third Principal Meridirnt, according to the plat thereof recorded January 13,
1964 as Document Number R64-1126, in DuPage County,111inois
Commonly known as 37 Chatham Lane,Oakbrook, Illinois 60523.
PINs: 06-25-404-012
i
EXHIBIT B
Depiction of Easement Premises
Northerly ten (10)feet of the subject project legally described in Exhibit A and as depicted on the next
page.
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