R-1137 - 10/25/2011 - EASEMENT - Resolutions Supporting Documents0
F 0
_GUNS
AGENDA ITEM
Regular Board of Trustees Meeting
of
October 25, 2011
SUBJECT: Flagg Creek Water Reclamation District
Grant of Easement
FROM: Jim Bosma, P.E., Civil Engineer II ? 5
BUDGET SOURCE/BUDGET IMPACT: N/A
ITEM 6.F.5)
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RECOMMENDED MOTION: I move that the Village Board approve the attached grant
of easement between the Village of Oak Brook and the
Flagg Creek Water Reclamation District.
Background/History:
The Flagg Creek Water Reclamation District used a ten foot by seventy -five foot area for the
installation of an emergency sewage conveyance system at the northwest comer of York Road
and 31St Street. FCWRD is now requesting a formal grant of easement related to the already
completed work.
Recommendation:
I recommend that the Village Board approve this easement.
WA
Last saved by 1:\Flagg Creek Water Reclamation District\FCWRD- grant -of- easement-memo- I.docx
Last printed 10/20/2011 2:03 PM
FLAGG CREEK
WATER RECLAMATION DISTRICT
(Formerly Hinsdale Sanitary District)
7001 Frontage Road Burr Ridge, IL 60527
Phone: (630)-323-3299
Mr. Mike Flullihan
Director of Public Works
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523 -2255
Fax: (630)- 323 -4230
September 16, 2011
Subject: Easement Grant for a Rehabilitated sewer owned and operated by Flagg Creek Water Reclamation
District ( FCWRD) within property owned by the Village of Oak Brook (Village)
Dear Mr. Flullihan:
As you are aware, FCWRD had to rehabilitate a sewage conveyance system within the vicinity of 31"
Street & York Road, within the Village of Oak Brook. The completed work required utilizing Village
property for the installation of the sewage conveyance system. The rehabilitated facility has encumbered
the property owned by the Village and FCWRD is requesting an easement grant from the Village.
Enclosed are four (4) copies of the Easement Grant documents depicting the required area.
FCWRD has a necessity for this easement in order to access, repair, reconstruct, maintain, and operate
the sewage conveyance system within the property owned by the Village. Please review the enclosed
documents and upon execution please return three (3) copies to FCWRD for further processing.
Your cooperation and help are greatly appreciated and should you have any further inquiries please
contact Mike Giacobbe Jr. at (630) 323 -3299 ext. 6125 or at (708) 205 -2009 (cell) or through email at
moeiacobbe e fcwxd.org or you may also contact Chris Kokat at (630) 323 -3299 ext. 6194 or through email
at ckokatng,fcwrd.org, both are members of my staff.
Thomas K O'Connor
Executive Director
Cc: Liubicich /Abraham /File
W/ Attachments
IofI
RESOLUTION NO. 2011- EASE - FCWRD -EX1 -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 31s' 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 25'" day of October, 2011.
Ayes:
Gopal G. Lalmalani
Village President
PASSED THIS 25'" day of October, 2011.
ATTEST:
Charlotte K. Pruss
Village Clerk
Resolution 2011 -EASE-FCWRD-EXI-R-1 137
Approving and Authorizing the Execution
of the Janitorial Services Agreement
Page 2 of 2
EXHIBIT A
EASEMENT
-2-
EASEMENT GRANT
THIS GRANT OF EASEMENT, made this
day of
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 ").
W ITNESSETH 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 1A— 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 ATRACT 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: VILLAGE OF OAK BROOK, A MUNICIPAL
CORPORATION ORGANIZED AND
EXISTING UNDER THE LAWS OF THE
STATE OF ILLINOIS
BY:
PRESIDENT
ATTEST: CORPORATE SEAL:
VILLAGE CLERK
STATE OF ILLINOIS )
) SS
COUNTY OF DUPAGE )
Q
Corporate Jurat
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. 2011.
My Commission Expires:
A.D., 20
Notary Public
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