R-1508 - 11/10/2015 - AGREEMENTS - Resolutions Supporting Documents ITEM 8.A. 1)
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AGENDAITEM
Regular Board of Trustees Meeting
of
November 10, 2015
SUBJECT: 37 Chatham Lane
Storm Sewer Easement Agreement (resubmitted)
FROM: Jim Bosma, P.E., Project Engineer r
BUDGET SOURCE/BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move that the Village Board approve the attached storm
sewer easement agreement between the Village of Oak
Brook and the owners of 37 Chatham Lane and approve
Resolution R-150$.
Background/Histo!j:
The Village and the owners of 37 Chatham Lane desire to enter to into an easement agreement in
order to permit the Village to install and maintain a new storm sewer. This storm sewer will
mitigate the drainage to a few downstream residents which has been an ongoing process.
This agreement has been resubmitted due to a few minor changes requested by the owners.
Recommendation:
I recommend that the Village Board approve this easement agreement.
Last saved by JA2015 Street Improvement Project(15-1106)137-Chatham-easement-agreement-memo-resubntitted.doex
Last printed 11/4/2015 2:13 PM
RESOLUTION 2015-EASE-SWM-R-1508
A RESOLUTION REAPPROVING AND REAUTHORIZING
A STORM SEWER EASEMENT AGREEMENT AT 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'l, which Property is owned by Mr. and Mr.
Deepak Leekha (collectively, "Owner'j; and
WHEREAS, on September 22, 2015, the Village Board adopted Resolution 2015-EASE-SWM-R-
1496 ("Previous Resolution') approving an easement agreement between the Village and the Owner to
permit the Village to install and maintain the storm sewer on the Property ("EasementAgreement'�; and
WHEREAS, after the Previous Resolution was approved, but before the Village executed the
Easement Agreement, the Owner requested modifications to the Easement Agreement to address
maintenance and landscaping obligations for easement premises governed by the Easement Agreement,
which modifications are now included in an updated Easement Agreement, which is attached hereto as
Exhibit A; 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 repeal the Previous Resolution and enter
into the updated 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: Repealer. Resolution 2015-EASE-SWM-R-1496 is hereby repealed and no
longer in force and effect.
Section 3: 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 4: 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 5: Effective Date. This Resolution shall be in full force and effect upon passage and
approval in the manner provided by law.
[SIGNATURE PAGE FOLLOWS]
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Resolution 2015-EASE-SWM-R-1496
Approval of Storm Sewer Easement Agreement
Page 2 of 3
APPROVED THIS 10th day of November, 2015
Gopal G. Lalmalani
Village President
PASSED THIS 10th day of November, 2015
Ayes:
Nays:
Absent:
ATTEST:
Charlotte K. Pruss
Village Clerk
-2-
Resolution 2015-EASE-SWM-R-1496
Approval of Storm Sewer Easement Agreement
Page 3 of 3
EXHIBIT A
EASEMENT AGREEMENT
-3-
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 Meridian, according to the plat thereof recorded January 13,
1964 as Document Number R64-1126, in DuPage County,Illinois.
Commonly known as 37 Chatham, Oak Brook, Illinois 60523.
PINS: 06-25-404-012
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.
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 2nd 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 home rule 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.
A. 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 to
such activities; (c) replace any and all natural grass removed with sod of like quality. Notwithstanding
anything contained in this Section 6.A to the contrary, any existing or future improvements that are placed
within the Easement Premises, including, without limitation, any trees or landscaping other than grass,
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 and sheds that are in or
immediately adjacent to the Easement Premises.
B. Notwithstanding anything contained in Section 6.A to the contrary, in the event that the
Village removes any trees, bushes, or other landscaping planted by the Owner in the Easement Premises
for the Village to maintain, repair, perform any other activity involved the Maintenance of the Facilities,
the Village shall reimburse the Owner for the purchase of replacement trees, bushes, or other landscaping
in an amount not to exceed $1,000.00. The Village's obligations pursuant to this Section 6.13 shall only
apply so long as Deepak Leekha, Deepti Chauhan, or the Owner's son, Sidh Leekha, reside on the
Property. In the event that Deepak Leekha, Deepti Chauhan, or Sidh Leekha does not reside on the
Property,this Section 6.B shall not run with the land pursuant to Section 7 of this Agreement.
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 BROOK,
an Illinois municipal corporation
By:
Charlotte Pruss,Village Clerk Riccardo Ginex
Its: Village Manager
OWNER
ATTEST:
By: 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
and 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:
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Village of December 17, 2015
Oak Brook
1200 Oak Brook Road
)ak Brook,IL 60523-2255
Website
www.oak-brook.org Mr. Deepak Leekha and Deepti Chauhan
37 Chatham Lane
Administration Oak Brook, IL 60523
630.368.5000
FAX 630.368.5045
Re: Recorded Document on November 19, 2015
Community RESOLUTION 2015-EASE-SWM-R-1508
Development
630.368.5101 R2015-127151
FAX 630.368.5128 37 Chatham Lane
Oak Brook, IL 60523
Engineering
Department
630.368.5130 Dear Mr. Leekha and Chauhan:
FAX 630.368.5128
Fire Department A copy of the above noted recorded document is enclosed for your information.
630.368.5200 This is an important record and should be retained in a secure area within your
FAX 630.368.5251 files.
Police Department y
630.368.8700 you If ou d an further assistance in this matter, feel free to contact me at 630-
FAX 630.368.8739 368-5036 on Monday through Friday from 8:00am to 4:30pm.
Public Works Sine rely,,
630.368.5270 �^
FAX 630.368.5295 U
Oak Brook Kathy o achen
Public Library Deputy Jerk
600 Oak Brook Road
)ak Brook,IL 60523-2200 /cs
630.368.7700
FAX 630.368.7704 Enclosure
Oak Brook Sports Core
cc: Doug Patchin, Director of Public Works & Engineering
Bath&Tennis Club Robert L. Kallien, Jr., Director of Community Development
700 Oak Brook Road Official Files
)ak Brook,IL 60523-4600
630.368.6420 /RECDOC/2015-RECLTR-2015-RESOLUTION 2015-EASE-SWM-R-1508-OAK BROOK PARK DISTRICT-37CHATHAM LANE
FAX 630.368.6439
Golf Club
2606 York Road
)ak Brook,IL 60523-4602
630.368.6400
FAX 630.368.6419