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R-1137 - 10/25/2011 - EASEMENT - ResolutionsRESOLUTION NO. 2011- EASE - FCWRD -EXI -R -1137 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 a permanent non - exclusive easement for the benefit of FCWRD on Village property located at the northwest corner of York Road and 31" Street to allow FCWRD to install and maintain an emergency 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 Easement. The 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 25th day of October, 2011. President PASSED THIS 25" day of October, 2011. Ayes: Trustees Aktipis, Manzo, Moy, Wolin, Yusuf and Zannis None ATTEST: rl. Charlotte K. Pruss Village Clerk Resolution 201 1-EASE-FCWRD-EXI-R-1 137 Flagg Creek Water Reclamation District Agreement Page 2 of 2 EXHIBIT A EASEMENT -2- EASEMENT GRANT THIS GRANT OF EASEMENT, made this a ('1( day of f) 0 A.D. 2011 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" is willing to convey a permanent easement to "FCWRD" for the purposes of a sewage conveyance system with appurtenances thereto (herein after termed the "SEWER ") to be added to and made part of "FCWRD'S" corporate operational facilities; and WHEREAS, "FCWRD" has rehabilitated a "SEWER" within the Village of Oak Brook, that will convey sanitary sewage to the sewage treatment facilities of "FCWRD "; and WHEREAS, it is necessary for "FCWRD" to have a permanent and access easement, right, privilege, and authority to operate, repair, maintain, and reconstruct a certain part of the "SEWER" through certain premises herein after described; and WHEREAS, the "GRANTOR" is willing to grant a permanent and access easement, right, privilege and authority to "FCWRD" upon the terms and conditions herein set forth; PERMANENT EASEMENT 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 the covenants and conditions hereinafter contained, the "GRANTOR" does hereby bargain, sell, grant, transfer and convey to the "FCWRD ", its successors and assigns, the permanent and access easement, right, permission, and authority to reconstruct, repair, replace, operate, and maintain the "SEWER" through the following described premises hereinafter referred to as: Parcel IA— PERMANENT EASEMENT (For legal description, see page 3) GRANTOR: VILLAGE OF OAK BROOK PARCEL 1A- PERMANENT EASEMENT THAT PART OF LOT 1 IN WESTCHESTER PARK RESUBDIVISION OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN IN DUPAGE COUNTY IN THE VILLAGE OF OAK BROOK, STATE OF ILLINOIS BEING A TRACT OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 10.00 FEET OF THE SOUTHERLY 75.00 FEET OF SAID LOT 1. PIN NO.: 06 -25- 304 -040 ALL AS SHOWN ON A PLAT MARKED EXHIBIT 1A ATTACHED HERETO AND MADE A PART HEREOF. IN CONSIDERATION of grant of the permanent easement, right, privilege, and authority herein contained, this EASEMENT GRANT is subject to the following conditions: FIRST: Said part of the "SEWER" located within the permanent easement premises conveyed to "FCWRD" and described herein is solely for the purposes of access, repair, reconstruction, maintenance, and operations of the our "SEWER ". SECOND: "FCWRD" expressly assumes all responsibility for, and shall defend, indemnify, save, and keep harmless the "GRANTOR" against any loss, damage, cost or expense which it may suffer, incur or sustain, or for which it might become liable growing out of any injury to or death of persons, or loss, or damage to property, arising out of or caused in the performance of any work done by or under the authority of "FCWRD" by virtue of the rights granted herein. In the event of the bringing of any action, suit or suits, against the "GRANTOR" growing out of any such loss, damage, cost or expense, and as a prerequisite to any recovery therefore from "FCWRD ", the "GRANTOR" shall give written 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, or expenses 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 easement by "FCWRD ". The rights and obligations of the "GRANTOR" and "FCWRD ", respectively hereunder, shall inure to the benefit of and be binding upon their respective successors and assigns, and all terms, conditions, and covenants herein shall be construed as covenants running with the land. THIRD: The "GRANTOR" and its successors, assigns, and beneficiaries may place improvements upon said permanent easement, subject to approval by "FCWRD" provided however that such improvements do not interfere with or endanger the operations of the facilities within the permanent easement premises described herein. FOURTH: "FCWRD" shall restore the premises of the "GRANTOR" to a like or better condition should any work be required on the easement premises described herein. The "GRANTOR "' has executed this instrument consisting of 7 pages and Exhibit 1A, and this page, in quadruplicate, and has hereunto set its hand and seal on the day and date first written above. SEAL: ATTEST: VILLAGE CLERK 61 VILLAGE OF OAK BROOK, A MUNICIPAL CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF ILLINOIS BY: P NT STATE OF ILLINOIS SS COUNTY OF DUPAGE Corporate Jurat I, , Xi¢N4... 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 `2 (� day of f4= A.D. 2011. OF R CIALSEAL ROSEMARY A. 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