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R-1507 - 11/24/2015 - EASEMENT- VACATION - Resolutions 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'I to permit the FCWRD to install a lift station on the southeast corner of 31St Street and Meyers Road ("Easement"); 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("Easement Agreement'); 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] I 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 � z Gopal almalani Village President PASSED THIS 24th day of November, 2015 Ayes: Trustee Adler, Baar, Tiesenga, Yusuf Nays: Triistee Manzo Absent: T,-„GrPP Mny ATTEST: �9 9 r '<t i� Charlotte K. Pruss Village Clerk I i I -2- Resolution 2015- EASE-FCWRD-EX1-R-1507 Permanent Non-Exclusive Easement w/Flagg Creek Water Reclamation District Page 3 of 3 EXHIBIT A EASEMENT AGREEMENT I I �I 1 -3- EASEMENT GRANT THIS GRANT OF EASEMENT, made this &4-r# r day of Nwmtct 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: 1. GRANTOFEASEMENT 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 2 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 orto 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; together with screening and beautification to a standard approved' by the Village of Oak Brook(Grantor)'. 3 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. 5. 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 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. 4 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 land 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 R2012133632 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. i i 5 The Grantor has executed this instrument consisting of 6 pages and Exhibits A, B, C, and D, in quadruplicate, and has hPigunta set its hand and seal on the day and date first written above. ATTEST: VILLAGE OF OAK BROOK, a municipal t 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 laws of the State of Illinois By: Clerk' V President 6 EXHIBIT A GRANTOR: VILLAGE OF OAK BROOK PARCEL 1A-PERMANENTAND ACCESS EASEMENT THAT PART OF LOT 1OF THE OAK BROOK SUBDIVISION NO. 1 OF THE NORTHWEST 1/4 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 i 7 EXHIBIT B GRANTOR: VILLAGE OF OAK BROOK PARCEL 1B-PERMANENTANDACCESS EASEMENT THAT PART OF LOT 2 OF THE OAK BROOK SUBDIVISION NO. 1 OF THE NORTHWEST 1/4 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. 06-33-103-014 8 GRANTOR: VILLAGE OF OAK BROOK EXHIBIT C PARCEL1 C-TEMPORARY EASEMENT THAT PART OF LOT 1OF THE OAK BROOK SUBDIVISION NO. 1OF THE NORTHWEST 1/4 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 ATTHE 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 FEETTOTHE POINT OF BEGINNING. ALL SHOWN ON AN ILLUSTRATION MARKED EXHIBIT D ATIACHED HERETO AND MADE A PART OF HEREOF. P.I.N. NO. 06-33-103-013 9 Corporate Jurat STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE ) I, Kds,.Vkpim A. 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 JRD day of .114-C.4kB 4-R A.D. 2015. Notary P is My Commission Expires: ROSE R A. i} ANE OFFICIAL SEAL A.D., 20 tom_ Notary Public-State of I linois My Commission Expires April 21, '211.)I 10 Corporate Jurat STATE OF ILLINOIS ) )SS COUNTY OF DUPAGE ) I h-4, 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: OFFICIAL SEAL A.D., 20 ROBERT L. ABRAHAM NOTARY PUBLIC,STATE OF lLUNOfS My Commission Expires Jun 2,2019 11 03/29/201G 10:29 FAX G30 407 5301 DUPAGE RECORDER [a002f015 FRED BU RHOo A DUPA MAR,24,2016 RH6P 10:87 AM 014 PAGE$50,00 206-33-103-013 7 REc�OR T IATCr COVER PAGE El~ UEFU El RE-RECO[W TO El1t40RTGF•(r OITIER i �f El POWER OE x-ETORNEY i I aRELEASC SUBU9J)LNAl10t4 AGREF-KEN'r FRED BUCHOLZ H7u16-027710 DUPAGE COUNTY RECORDER 03/29/2016 10: 30 FAX G30 407 5301 DUPAGE RECORDER la 014/015 a l I l i (Above Space For RecordseC Oilfite Only) VILLAGE-OF OAK BROOK 1200 Oak Brook Road Oak Brook, Illinois 60523-2255 RECORDED DOCUMENT TITLE PAGE Title of 'Documerit Property Address/es ' 2.g t5 tk 8r1:�d'v:�c1c� (if vacant land,state vacant land and Iist nearest cress streets,Oak.Bro*146=34 i Pins Number b fn—37:3, 1 O 'Name &Address of Applicant_ t A E'er, \r�! 3=:k t��c. 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