S-1532 - 05/08/2018 - VACATION - Ordinances (2)FRED BUCHOLZ
DUPAGE COUNTY RECORDER
OCT. 04, 2018 12:46 PM
PLAT $49.00 06- 36- 401- 002
PLAT PAGE COUNT: 1
011 PAGES R2018-093877
(Above Space For Recorder's Office Only)
VILLAGE OF OAK BROOK
1200 Oak Brook Road
Oak Brook, IL 60523-2255
RECORDED DOCUMENT TITLE PAGE
Title of Document: RESOLUTION 2018 -ST -PV -EX -S-1532 AN ORDINANCE GRANTING A PLAT OF
VACATION OF A PORTION OF THE LUTHIN ROAD RIGHT-OF-WAY IN THE VILLAGE OF OAK
BROOK ILLINOIS 60523
Property Address VACANT LAND A PORTION OF THE LUTHIN ROAD RIGHT-OF-WAY IN THE
VILLAGE OF OAK BROOK, ILLINOIS 60523 (Approximately 8,748 Square feet = 0.201 acres)
If vacant land, so state and list nearest cross streets)
PIN No(s). A PORTION OF THE LUTHIN ROAD RIGHT-OF-WAY
Name and Address of Applicant: Chicago Title Land Tr. Co. No. 11-12497 U/T/A dated 12/19/11
1100 Lake Street Suite 165
Oak Park IL 60301
Name and Address of Responsible: John Romanelli
Party to Receive Copy of 3824 York Road Oak Brook IL 60523
Recorded Document and Billina
Prepared By and Return to: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523-2255
G/L Account to be charged: 10-1365
Name & Address of Recipient N/A
of Consideration (when applicable):
G/L Account to be charged:
STATE OF ILLINOIS )
SS
COUNTIES OF COOK AND DUPAGE )
I, Charlotte K. Pruss, do hereby certify that I am the duly elected and acting Village
Clerk of the Village of Oak Brook, DuPage and Cook Counties, Illinois.
I DO FURTHER CERTIFY that on May 8, 2018, the corporate authorities of the
above municipality passed and approved:
ORDINANCE 2018 -ST -PV -EX -S-1532
AN ORDINANCE GRANTING A PLAT OF VACATION OF A PORTION
OF THE LUTHIN ROAD RIGHT-OF-WAY
3622 YORK ROAD, OAK BROOK, ILLINOIS
(PIN: 06-36-401-002)
I DO FURTHER CERTIFY that the original document, of which the annexed copy
is a true copy, is entrusted to my care for safekeeping and I am the keeper of the same.
DO FURTHER CERTIFY that I am the keeper of the records, journals, entries,
resolutions, ordinances and documents of the said Village of Oak Brook, DuPage and
Cook Counties, Illinois.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate
seal of the Village of Oak Brook this 4th day of October___., 2018
�1
J
Charlotte K. Pruss
Villa4.0
ge Clerk
Village of Oak Brook
DuPage and Cook Counties, Illinois
ORDINANCE 2018 -ST -PV -EX -S-1532
AN ORDINANCE GRANTING A PLAT OF VACATION OF A PORTION
OF THE LUTHIN ROAD RIGHT-OF-WAY IN
THE VILLAGE OF OAK BROOK, ILLINOIS 60523
3622 York Road
(PIN: 06-36-401-002)
WHEREAS, the Village is the owner of a public right-of-way commonly known as Luthin Road; and
WHEREAS, Chicago Title Land Trust Company, as Trustee of Trust No. 11-12497 under Trust
Agreement dated December 19, 2011 (`Chicago Title"), is the owner of property commonly known as
3622 York Road, Oak Brook, Illinois (the "Property'), which is legally described in Exhibit "A"
attached hereto; and
WHEREAS, the Property is adjacent to and abuts the Luthin Road right-of-way for a distance of
approximately 246.21 feet; and
WHEREAS, that part of the Luthin Road right-of-way which abuts the Property contains a width of
approximately one hundred feet (100'); and
WHEREAS, Luthin Road is a "local street" within the Village, and the Village typically requires a
sixty-six foot (66') right-of-way width for a local street, although the actual right-of-way widths for local
streets throughout the Village vary from location to location; and
WHEREAS, the Property is comprised of approximately 1. 799 acres and lies within the R-2 Single -
Family Detached Residential District of the Village; and
WHEREAS, Chicago Title requests the Village to approve a plat of vacation which vacates
approximately .201 acres of the Luthin Road right-of-way which abuts the Property (the "Vacated Right -
of -Way) and which vests title in the Vacated Right -of -Way in the Property and Chicago Title (the Vacated
Right -of -Way is legally described in Exhibit "B" attached hereto and is depicted and legally described on
the plat of vacation attached hereto as Exhibit "C"); and
WHEREAS, Chicago Title makes this request because the addition of the Vacated Right -of -Way to
the Property will allow Chicago Title to petition the Village for the subdivision of the Property from the
existing one (1) lot into two (2) lots which conform to the minimum lot size requirement of the R-2 Single -
Family Detached Residential District; and
WHEREAS, if the plat of vacation is approved, the Luthin Road right-of-way will contain a width of
approximately sixty-four feet (64'); and
WHEREAS, Chicago Title has agreed to provide easements over the Vacated Right -of -Way in favor
of the Village for view, for access, for drainage, grading and utilities, and for temporary construction
purposes pursuant to a Grant of Easement; and
WHEREAS, the Village has determined that the fair value of the Vacated Right -of -Way is Eighty
Thousand Dollars ($80,000.00), and Chicago Title has agreed to pay that amount as compensation to the
Village for the Vacated Right -of -Way; and
WHEREAS, the Village President and the Board of Trustees find that the Vacated Right -of -Way is
unimproved and underutilized by the Village; and
WHEREAS, the Village President and the Board of Trustees find that continuing to own and
maintain the full one hundred feet (100') of the Luthin Road right-of-way adjacent to the Property is not in
the public interest, and find that the public interest will be sufficiently served by the Village continuing to
own a sixty-four foot (64') public right-of-way at this location; and
Ordinance 2018 -ST -PV -EX -S-1532
Plat of Vacation — Portion of Luthin Road ROW
Page 2 of 7
WHEREAS, the Village President and the Board of Trustees find that approving the plat of vacation
will not prevent or limit access to Luthin Road by surrounding property owners or the public; and
WHEREAS, the Village President and the Board of Trustees find that the afore -mentioned Grant of
Easement over the vacated Right -of -Way will protect the Village and the public, find that approving the plat
of vacation will allow for the productive development of the Property, and find that the Village will receive
fair compensation for the Vacated Right -of -Way; and
WHEREAS, the Village President and Board of Trustees desire to approve the plat of vacation for
the Vacated Right -of -Way, finding that the public interest will be subserved by this vacation and finding that
this vacation will promote and serve the public good.
NOW, THEREFORE, BE IT ORDAINED 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 restated and incorporated herein as the
findings of the President and Board of Trustees.
Section 2. Plat of Vacation. The Plat of Vacation, a copy of which is attached hereto as
Exhibit "C," providing for the vacation of the Vacated Right -of -Way, is hereby approved, subject to the
conditions set forth in Section 3 of this Ordinance.
Section 3. Conditions of Approval. The Village shall not sign and record the Plat of Vacation
unless and until the following conditions precedent are satisfied:
A. Payment by Chicago Title, or its nominee, to the Village in the amount of Eighty
Thousand Dollars ($80,000.00), representing the fair value of the Vacated
Right -of -Way, which payment shall be made no later than forty-five (45) days
after Village approval of Chicago Title's preliminary and final plat for the
Property referenced in subsection B below;
B. Approval of an ordinance by the Village President and the Board of Trustees
no later than July 10, 2018 which approves a preliminary and final plat of
subdivision for the Property which subdivides the Property from one (1) lot into
two (2) lots, and which includes the Vacated Right -of -Way as part of the
Property; and
C. Approval of a Grant of Easement from Chicago Title to the Village, in
substantially the same form as the Grant of Easement attached hereto as
Exhibit "D," no later than July 10, 2018, which Grant of Easement shall be
recorded against title to the Property by the Village.
Section 4. Failure to Satisfy Conditions. If any of the conditions set forth in Section 3 of this
Ordinance are not satisfied, then this ordinance shall automatically become null and void without any further
action of the Village President and Board of Trustees, and the Village shall not sign and record the plat of
vacation.
Section 5. Vesting of Title. Upon the satisfaction of the conditions set forth in Section 3 of
this Ordinance, title the entire Vacated Right -of -Way shall transfer and vest in Chicago Title, as the adjacent
property owner.
Section 6. Direction to Village Clerk. Upon the satisfaction of the conditions set forth in
Section 3 of this Ordinance and the receipt by the Village Clerk of the fully -executed plat of vacation, the
Ordinance 2018 -ST -PV -EX -S-1532
Plat of Vacation — Portion of Luthin Road ROW
Page 3 of 7
Village Clerk is authorized and directed to record the plat of vacation and this Ordinance with the DuPage
County Recorder of Deeds, at Chicago Title's expense.
Section 7. Binding Effect. This Ordinance and the privileges, obligations, and provisions
contained herein shall inure solely to the benefit of, and be binding upon, Chicago Title and any and all of
its heirs, successors, and assigns and upon any and all current and successor legal or beneficial owners
of all or any portion of the Property.
Section 8. Severability. If any section, paragraph, clause or provision of this Ordinance shall
be held invalid, the invalidity thereof shall not affect any of the other provisions of this Ordinance.
Section 9. Conflict. All ordinances or parts of ordinance in conflict with the provisions of this
Ordinance are hereby repealed to the extent of the conflict.
Section 10. Effective Date. This ordinance shall be in full force and effect after its passage,
approval and publication in pamphlet form in the manner required by law, but this Ordinance shall remain
subject to compliance with the conditions set forth in Section 3 of/this Ordinance.
APPROVED THIS 8'" day of May, 2018.
Gopal G. Lalmalani
Village President
PASSED THIS 8th day of May, 2018.
Ayes: Trustees: Baar, Cuevas, Saiyed, Tiesenga, Yusuf
Nays: Trustee Manzo
Absent:
Y
ATTEST:
b
Charlotte K. Pruss
Village Clerk
Ordinance 2018 -ST -PV -EX -S-1532
Plat of Vacation — Portion of Luthin Road ROW
Page 4 of 7
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY RECEIVING TITLE
TO VACATED RIGHT-OF-WAY
LOT 1 IN LUTHIN'S SUBDIVISION OF A PART OF THE SOUTH '/ OF
SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED FEBRUARY 17, 1949 AS DOCUMENT 563041, IN DUPAGE
COUNTY, ILLINOIS.
Common Address: 3622 York Road, Oak Brook, Illinois % n523
Permanent Index Number: 06-36-401-002
Ordinance 2018 -ST -PV -EX -S-1532
Plat of Vacation — Portion of Luthin Road ROW
Page 5 of 7
EXHIBIT B
LEGAL DESCRIPTION OF VACATED RIGHT-OF-WAY
THAT PART OF LUTHIN ROAD RIGHT-OF-WAY IN THE VILLAGE OF OAK BROOK, DUPAGE
COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1 IN LUTHIN'S SUBDIVISION, A SUBDIVISION
SITUATED IN PART OF THE SOUTH HALF OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
FEBRUARY 17, 1949 AS DOCUMENT 563041 IN THE OFFICE OF THE RECORDER OF DEEDS, IN
DUPAGE COUNTY, ILLINOIS; THENCE NORTH 73 DEGREES 11 MINUTES 26 SECONDS WEST
ALONG THE NORTH LINE OF SAID LOT, A DISTANCE OF 265.77 FEET TO THE SOUTHEAST
CORNER OF LOT 15 OF SAID LUTHIN'S SUBDIVISION; THENCE NORTH 67 DEGREES 40 MINUTES
26 SECONDS EAST, A DISTANCE OF 57.04 FEET; THENCE SOUTH 73 DEGREES 11 MINUTES 26
SECONDS EAST, A DISTANCE OF 220.21 FEET; THENCE SOUTH 14 DEGREES 42 MINUTES 52
SECONDS WEST, A DISTANCE OF 36.02 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF YORK
ROAD TO THE POINT OF BEGINNING.
Ordinance 2018 -ST -PV -EX -S-1532
Plat of Vacation — Portion of Luthin Road ROW
Page 6 of 7
EXHIBIT C
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Ordinance 2018 -ST -PV -EX -S-1532
Plat of Vacation — Portion of Luthin Road ROW
Page 7 of 7
FORM OF GRANT OF EASEMENT
August 23, 2018
Land Survevor's Authorization to Record
State ofIllinois \
)5S
County of Du Page
Timothy B. Martinek, Illinois Professional Land Surveyor, No. 35-003782, do hereby authorize
Charlotte Pruss to record the Plat of Vacation of Luthin Road prepared and dated my me on August 23,
2018with the DuPageCounty Recorder ofDeeds.
��
Given under nnyhand and seal this �-��day of inthe year 3Ol8.
Engineering Resource AssociatesInc.
Timothy B. K4artinek
Illinois Professional Land Surveyor No. 3S'OOS7O3
License Expires: November 3[\2U18
WARRENVILLE CHICAGO CHAMPAIGN
3s7Q1YVestAvenue. Suite 15O 10SoutARiverside Plaza, Suite 875 2415Galen, Ov:ve
WarenviUe.}L 60555 Chicago, !L506O8 CM�m� -a/gn.{L6-1821-
P 6303933060
1821-P53U3S330G0 P312.474-7841 P211T351.6268
This Instrument Prepared by:
Mark W. Daniel
Daniel Law Office, P.C.
17W733 Butterfield Road, Suite F
Oakbrook Terrace, Illinois 60181
Upon Recording Return to:
John R. Zemenak
Rathje & Woodward, LLC
300 East Roosevelt Road, Suite 300
Wheaton, Illinois 60187
Property Addresses:
TO BE DETERMINED
Oak Brook, IL (,Co5'a3
P.I.N.s: Current: 06-36-401-_, 06-36-401-
Former: 06-36-401-002
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FRED BUCHOLZ
DUPAGE COUNTY RECORDER
OCT.04,2018 12:46 PM
015 PAGES R2018 -093878
GRANT OF EASEMENTS TO THE VILLAGE OF OAK BROOK
THIS EASEMENT GRANT ("Easement Grant"), is made and entered into this 12th day
of June, 2018, by and between Chicago Title Land Trust Company, as Trustee, of Trust No. 11-
12497 under Trust Agreement dated December 19, 2011, not individually but as trustee and
legal titleholder ("Grantor"), and THE VILLAGE OF OAK BROOK, an Illinois municipal
corporation, ("Grantee"), and collectively referred to as the "Parties."
A. Grantor owns or controls certain real property situated at the east end of Wennes
Court and the east end of Luthin Road, in the Village of Oak Brook ("Village"), County of
DuPage, State of Illinois, as legally described and depicted on "Exhibit A" attached hereto and
made a part hereof (the "Grantor Property").
B. Grantee owned or controlled certain adjacent public right-of-way situated along the
north line of the Grantor Property in the Village of Oak Brook, County of DuPage, State of
Illinois, which was at least 100 feet wide.
C. Pursuant to Ordinance No. S-1532, approved on May 8th, 2018, Grantee approved a
plat of vacation which vacated a portion of the southern 36 feet of the Luthin Road right of way
(as depicted in the ordinance) upon the conditions that this vacated territory be merged with the
Grantor Property by operation of the plat of vacation, that Grantor pay an agreed sum to
Grantee as fair compensation for the vacated territory, and that the Grantor deliver an executed
recordable form of this Easement Grant at any meeting of the Village Board at which it may act
to approve a final subdivision of the Grantor Property. A copy of said Ordinance No. S-1532
along with a copy of the plat of vacation are collectively attached hereto as "Exhibit B."
D. In conjunction with the approval of this Easement Grant by Grantee, Grantee
approved or shall approve an ordinance which approves a Plat of Subdivision for Grantor's
Property allowing for the subdivision of Grantor Property (including the vacated territory) from
one (1) lot to two (2) lots, and which Plat of Subdivision references this Easement Grant.
E. Grantee now owns or controls a 64 -foot wide public r ht of way area depicted in the
plat of vacation recorded as Document No. R2018-6�� i�r the Office of the Recorder of
Deeds for DuPage County which is "Exhibit B" attached hereto ("Grantee Property").
F. Grantor has undertaken and is continuing a development on the Grantee Property for
the construction and development of a single-family residence as part of the development of two
single family residences on land that includes the Grantor Property and the lot directly west thereof
("Project').
G. Grantee has requested from Grantor easements for view that operate to prohibit
certain structures and buildings, for access, for drainage, for grading and for construction
purposes on a temporary basis and these easements are more particularly described and
depicted below and in "Exhibit C' attached hereto and made a part hereof.
H. Grantor and Grantee enter into this Easement Grant for the mutual benefit of the
Parties, as further defined below.
NOW, THEREFORE, and in consideration of the foregoing recitals which are incorporated
herein and the mutual commitments of the parties which they recognize as lawful, valuable and
sufficient consideration, the Parties agree as follows:
Section 1. View Easement.
1.1 View Easement Purpose. The "View Easement' is intended to limit the location of
buildings and structures on the Grantor Property while also protecting and avoiding waste on the
Grantor Property in connection with the Project.
1.2 Grant of View Easement. Grantor, for itself and its heirs, personal representatives,
successors and assigns, does hereby grant unto Grantee, its successors and/or assigns, a non-
exclusive easement ("View Easement') appurtenant to and for the benefit of Grantee and the
Grantee Property in, on, under, over and through over each area of the View Easement which is
described below in each of subparagraph A and subparagraph B of this Section 1.2 and subject
to the restrictions set forth in each subparagraph.
A. The vacated territory described in Recital C above and depicted in the plat of vacation
attached hereto as Exhibit B shall be subject to a view easement in which no structure or
installation other than public utilities or those items which may be installed under Section 3 shall
be constructed or installed above grade; provided, however, that Grantor reserves the right to
plant trees, shrubs and landscaping which may exist above grade in areas south of the Temporary
Construction Easement addressed in Section 4.
B. The north seventy-six (76) feet of the Grantor Property, measured to a depth parallel
to the longest north lot line of the Grantor Property shall be subject to a view easement in which
no building shall be constructed. "Building" shall mean "A structure having a roof designed or built
for the enclosure, shelter or protection of persons, animals, chattels or movable property of any
kind and which is permanently affixed to the land.".
Section 2. Access Easement.
2.1 Grant. Grantor, for itself and its heirs, personal representatives, successors and
assigns, does hereby grant unto Grantee, its successors and/or assigns, a non-exclusive
easement for pedestrian access over the north six (6) feet of the Grantor Property, measured to
a depth parallel to the longest north lot line of the Grantor Property ("Access Easement")
appurtenant to and for the benefit of the Grantee Property.
2.2 Grantor shall not install landscaping or any other obstruction other than grass from
grade to the sky in the Access Easement.
2.3 Grantee is permitted to install walkway/sidewalk improvements in the Access
Easement, in Grantee's sole discretion. Grantee shall restore the area of the Access Easement
to its condition prior to any work in or alteration to the Access Easement.
Section 3. Drainage, Grading and Utility Easement.
3.1 Grant. Grantor, for itself and its heirs, personal representatives, successors and assigns,
does hereby grant unto Grantee, its successors and/or assigns, a non-exclusive easement for
drainage, grading and utilities over the north ten (10) feet of the Grantor Property, measured to a
depth parallel to each of the north lot lines of the Grantor Property ("Drainage, Grading and
Utility Easement") appurtenant to and for the benefit of the Grantee Property.
3.2 The sole purpose of the Drainage, Grading and Utility Easement shall be for the purpose
of providing for the overland flow of stormwater that flows into the Drainage, Grading and Utility
Easement area naturally, and for the installation, use and maintenance of public and private utility
lines.
3.3 Grantee shall not utilize the Drainage, Grading and Utility Easement to create storage,
retention or detention of stormwater, to install lift stations or pumps or to alter the direction or
volume of stormwater flow. Grantee has the non-exclusive right, in its sole discretion, to install
underground stormwater conveyance pipes within the Drainage, Grading and Utility Easement
consistent with the purpose of this Drainage, Grading and Utility Easement.
3.4 Grantee shall not alter the grade so that it is more than two feet below the grade reflected
in the final grading as -built survey for the Grantor Property which shall remain on file with the
Grantee and remain available to Grantor without charge upon request.
3.5 Nothing in the Drainage, Grading and Utility Easement shall be deemed to alter the
drainage, riparian or other common law or statutory rights of the Grantor and Grantee or any
owner of neighboring property during the term hereof or thereafter.
3.6 Grantee shall restore the area of the Drainage, Grading and Utility Easement to its
condition prior to any work in or alteration to the Drainage, Grading and Utility Easement.
Section 4. Temporary Construction Easement.
4.1 Grant. Grantor, for itself and its heirs, personal representatives, successors and assigns,
does hereby grant unto Grantee, its successors and/or assigns, a non-exclusive easement for
access, storage of materials and staging of construction projects occurring in the Grantee
Property adjacent to the Grantor Property over the north twenty (20) feet of the Grantor Property,
measured to a depth parallel to the longest north lot line of the Grantor Property ("Temporary
Construction Easement") appurtenant to and for the benefit of the Grantee Property.
4.2 Grantee shall not store, convey or handle hazardous materials in the Temporary
Construction Easement or allow anyone else to do so.
4.3 Grantee shall restore the area of the Temporary Construction Easement to its
condition prior to use of the Temporary Construction Easement.
Section 5. Terms of Easement Grant.
5.1 The term of the Easement Grant shall be perpetual and permanent and it is intended to
run with the lands of the Grantor Property and Grantee Property and to bind future owners,
successors and assigns.
5.2 Grantee may terminate this Easement Grant provided that it provides Grantor an
executed written release of easement in recordable form.
5.3 Nothing in this Easement Grant shall be deemed to be a dedication of property to
Grantee. Grantor acknowledges that the Access Easement shall be for the benefit of the Grantee,
the public generally, and the area of the Access Easement remains subject to use by owners of
property in Luthin's Subdivision, recorded in the Office of the Recorder of Deeds for DuPage
County on February 17, 1949, as Document No. R1949-563041.
5.4 [Intentionally deleted.]
5.5. Grantee shall repair and restore damage caused by Grantee or anyone acting for
Grantee within the property areas subject to these easements (hereinafter "Easement Area").
Grantor shall repair and restore damage to the Easement area caused by Grantor, its contractors,
agents, guests and invitees.
5.6. To the extent that the Grantee exercises rights under this Easement Grant and
performs work therein, either Grantee shall have, or Grantee shall require any third parties acting
for it to have the following coverages and protections:
A. Workers Compensation coverage in the amount required by law or greater;
B. General liability insurance coverage in an amount not less than $1,000,000.00 per
occurrence and $2,000,000.00 aggregate; and
C. Vehicle insurance in the minimum amount required by law.
Grantee may maintain all such insurance coverage as part of its comprehensive Village insurance
program. Grantee shall require all contractors to maintain such insurance coverage as are
provided above. All of Grantee's contractors shall use their best efforts to provide Grantor and
Grantee certificates of insurance evidencing the coverage levels provided for above and they shall
name the owner of the Grantor Property and its occupants as additional insureds. The certificates
shall indicate that the policies of insurance and coverage provided therein are not subject to
cancellation or termination without thirty (30) days advance notice in writing to the Grantor.
Section 6. Cooperation Regarding Easements, Use and Maintenance Thereof. Grantee shall
maintain, repair and replace, all improvements and installations in any easement area by Grantee
or accepted by Grantee via a bill of sale or other form. Grantee will restore the easement areas
from which improvements are removed. Except for Grantee's obligations set forth in this Section
6 and except for Grantee's obligations herein regarding restoration of the Easement Areas after
performing work therein, Grantor shall be responsible at all times for maintaining the Easement
Area.
Section 7. Liens. Grantee shall promptly pay and discharge any and all public and private liens
arising out of any installation, alterations or repairs or replacements done, suffered or permitted
to be done by Grantee ("Grantee's Work") on the Grantor's Property. Grantee shall defend, protect
and save the Grantor harmless from and against claims for monies or damages arising from such
liens relating to Grantee's Work in the Easement Area.
Section 8. Notices. Any notice, demand, request or other communication which either party
hereto may be required or may desire to give under this Easement Grant shall be in writing and
shall be deemed to have been properly given if (a) hand delivered (effective upon delivery), (b)
mailed (effective three (3) days after mailing) by United States registered or certified mail, postage
prepaid, return receipt requested, (c) sent by a national recognized overnight delivery service
(effective one (1) days after being deposited with such courier), or (d) sent by electronic mail with
receipt acknowledged by a recipient (effective at the time acknowledged and provided that no
acknowledgment is required for notices of planned construction which shall be effective on the
date and time of the email being sent according to Central time zone time), in each case,
addressed as follows:
If to Grantor: Chicago Title Land Trust Company, as Trustee
under Trust No. 11-12497 U/T/A dated 12/19/11
it o 0 L 44<Z -'$Me -VT Su ®TE /.S 1 Os -&lc P.+P- j/ L. G
With a copy to: John Romanelli
3824 York Road
Oak Brook, IL 60523
With a copy to: Mark W. Daniel
Daniel Law Office, P.C.
17W733 Butterfield Road, Suite F
Oakbrook Terrace, Illinois 60181
mark@thedaniellawoffice.com
Phone: (630) 833-3311
If to Grantee: Village Clerk
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
With a copy to: Director of Public Works
Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523
Section 9. Recordation. It is understood and agreed that this Easement Grant and any
amendment hereto shall be in recordable form and be recorded at Grantor's expense in the real
estate records in the county where the Grantor Property and the Grantee Property are located.
Section 10. Covenants.
10.1 Grantor and Grantee represent and warrant that they are the owners in fee simple of
the Grantor Property and the Grantee Property, respectively, free and clear of all liens and
encumbrances that would impair the ability to perform their respective obligations under this
Easement Grant, and that each alone has full right to grant the Maintenance Easement and
Landscape Easement. Neither Grantor nor Grantee has granted any outstanding options to
purchase or rights of first refusal with respect to all or any part of the Grantor Property or Grantee
Property and neither is a party to outstanding contracts with others for the sale, mortgage, pledge,
hypothecation, assignment, or other transfer of ownership or future ownership interest in its
property other than the those involving the mortgagees who have consented to this Easement
Grant below.
10.2 During the term hereof, Grantor shall pay when due all real property taxes and all other
fees and assessments attributable to Grantor Property. If Grantor fails to pay when due any taxes
affecting Grantor Property, then Grantee shall have the right but not the obligation to pay such
taxes after thirty days' written notice to Grantor for failing to pay the amount due and demand
payment therefore from Grantor, which payment shall be made within thirty (30) days of such
demand. In the event that Grantor fails to remit such payment to Grantee within said time period,
Grantee may record a lien against title to Grantor's Property in the amount of the real property
and other fees and assessments paid by Grantee, or Grantee may pursue any other legal or
equitable remedy against Grantor. Nothing contained herein shall limit or affect Grantor's right to
appeal or otherwise challenge the real property taxes and other fees and assessments
attributable to Grantor Property, and Grantor shall not be considered in default of this Section
10.2 for failing to pay such real property taxes or other fees and assessments for which Grantor
has a valid appeal or challenge pending, unless provided otherwise by law.
10.3 [Intentionally deleted].
10.4 Neither Grantor nor Grantee has received notice of condemnation of all or any part of
the land that is the subject of this Easement Grant, notice of any assessment for public
improvements, or notices with respect to any zoning ordinance or other law, order, regulation or
requirement relating to the use or ownership of such lands other than what is of public record and
there exists no violation of any such governmental law, order, regulation or requirement and there
is no litigation pending or threatened, which in any manner affects the terms of this Easement
Grant.
Section 11. Cure.
No party to this Easement Grant shall be in default of the terms thereof until thirty (30) days
following the date of the defaulting party's receipt of notice provided under Section 8 of default
from the non -defaulting party. In the event such default is not reasonably capable of cure within
such thirty (30) day period and such defaulting party promptly and diligently pursues the cure of
such default during such cure period, such cure period shall be extended for so long as the
defaulting party diligently pursues such cure for a maximum of ninety (90) additional days subject
to winter condition's or conditions beyond the control of the party intending to cure. In no event
shall a party be entitled to terminate this Easement Grant as a result of or remedy for any breach
or default thereunder by the party attempting to terminate. In the event a party fails to comply
with the terms of this Easement Grant, the other party may, in its sole and absolute discretion,
cure any such default, so long as such cure does not involve physical presence on the defaulting
party's premises, and to the extent the curing party incurs any expenses in connection with such
cure (including but not limited to the amount of any real property taxes the party pays on behalf
of the other party), the other party agrees to promptly reimburse the curing party for such
expenses incurred and hereby grants the curing party a security interest and lien in the property
owned by them to secure the obligation.
Section 12. Mortgagees, Continuation Rights, Notice and Cure.
Grantor may from time to time grant to certain lenders (the "Lender") a lien on and security interest
in Grantor Property, but such lien and security interest shall not affect or attach to the assets of
Grantee located on Grantor Property and shall not affect, impact or negate this Easement Grant.
Such rights shall only be granted as collateral security for the repayment of any indebtedness to
the Lender.
Section 13. Miscellaneous.
13.1 All questions concerning the interpretation or application of provisions of this
Easement Grant shall be decided according to the substantive laws of the State of Illinois without
regard to conflicts of law provisions.
13.2 This instrument and all of the terms, covenants and provisions hereof shall inure to the
benefit of and be binding upon each of the Parties hereto and their respective legal
representatives, successors and assigns and shall run with, inure to the benefit of, and be binding
upon the Grantor, Grantee, and Grantor Property and anyone claiming under or through them.
13.3 If any action at law or in equity is necessary to enforce or interpret the terms of this
Easement Grant, the prevailing party or parties shall be entitled to reasonable attorneys' fees,
court costs and necessary disbursements in addition to any other relief to which such party or
parties may be entitled.
13.4 If any provision of this Easement Grant is held to be illegal, invalid or unenforceable
under present or future Laws, such provision will be fully severable and this Easement Grant will
be construed and enforced as if such illegal, invalid or unenforceable provision is not a part hereof,
and the remaining provisions hereof will remain in full force and effect. In lieu of any illegal, invalid
or unenforceable provision herein, there will be added automatically as a part of this Easement
Grant a provision as similar in its terms to such illegal, invalid or unenforceable provision as may
be possible and be legal, valid and enforceable.
13.5 This Easement Grant is the full and complete agreement concerning its subject matter
between Grantor and Grantee as described herein. Notwithstanding the foregoing; Grantor and
Grantee acknowledge that this Easement Grant is one condition of the Grantor obtaining clear
title to the public right of way vacated by Ordinance No.
13.6 Time is of the essence for the performance of this Easement Agreement.
13.7 Grantor covenants that it is the owner of the Grantor Property and has the right, title
and capacity to grant the easements herein conveyed.
13.8 Easements Run with Land. All easements and covenants contained in this Easement
Grant shall run with and against the land so described and shall, except to the extent otherwise
specifically provided in this Easement Grant, be appurtenant to and a benefit thereto and a burden
thereon.
13.9 This Easement Grant shall be referenced on Grantor's Plat of Subdivision provided
that doing so does not create any private right of enforcement of this Easement Grant in the owner
of any land other than that which is burdened by this Easement Grant.
13.10 This Easement Grant is binding upon the successor and assigns of the Grantor
and Grantee, and it is understood that this agreement cannot be abrogated, changed or altered
in any way except by writing, legally signed by both Grantor and Grantee.
13.11 This Easement Grant shall be recorded at the Office of the Recorder of Deed for
DuPage County, Illinois following execution as necessary, by mortgagees of mortgagee consent.
Until such time, as the consents are obtained, this Easement Agreement shall be valid and binding
between the Parties and neither party shall take any action or engage in inaction that would
diminish the other's rights or rights of any mortgagee.
13.12 The captions and headings in this Easement Grant are for convenience and shall
not be held or deemed to define, limit, describe, explain, modify, amplify or add to the
interpretation, construction or meaning of any provisions of or the scope or intent of this Easement
Grant.
13.13 Except as otherwise expressly provided herein, each and every one of the rights,
benefits and remedies provided by this Easement Agreement, or by any instrument or documents
executed pursuant to this Easement Grant, are cumulative and shall not be exclusive of any other
of said rights, remedies and benefits allowed by law or equity.
13.14 If the rule against perpetuities or any other rule of law would invalidate the
Easement Grant or any portion or provision hereof or would limit the time during which the
Easement Grant or any portion or provision hereof shall be effective due to the potential failure of
an interest in property created herein to vest within a particular time, then each such interest in
property shall be effective only from the date hereof until the passing of twenty (20) years after
the death of the last survivor of the members of Congress of the United States of America
(including the House of Representatives and the Senate) representing the State of Illinois who
are serving on the date hereof, but each such interest in property shall be extinguished after such
time, and all other interests in property created herein and all other provisions hereof shall remain
valid and effective without modification.
13.15 Any improvements installed by Grantor within the Easement Area shall comply
with all ordinances, codes and regulations of the Village of Oak Brook or any other governmental
entity having jurisdiction over the Easement Area.
IN WITNESS WHEREOF, the parties above named have hereunto set their hands and
seals the date first above written.
[Signature Page to Follow]
.. ' Wei 1
14
CHICAGO TITLE LAND TRUST COMPANY
as Trustee under trust agreement dated
December 19, 2011 and Trust No. 11-12497
By.
Dated: l K
STATE OF ILLINOIS )
) SS:
COUNTY OF � )
I,���ha
i La No - .Public, in and for the County and State aforesaid, DO HEREBY
ERTIFY, tt G4 M is personally known to me to be the person whose name is
subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he
signed, sealed and delivered the said instrument as his free and voluntary act and as the free and voluntary
act of said limited liability company for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of A&just 2018.
[TRUSTEE EXCULPATION BELOW]
d`
Notary PuUk
® "OFFICIAL SEAL'
MARGARET O°DONNELL
m Notary Public, State of Illinois m
®qty Commission Expires 07/01/2021 g
This instrument is executed by the undersigned Land Trust,
net personally but sole) as Trustee in the exercise of the power,
authority conferrO upon and vested in it as such Trustee.
It is expressly understood and agreed that all the warranties
€r emnrUes, representations, covenants, undertakings ani
agreements herein made on the part of the Trustee are
undertaken by it solely in its capacity as Trustee and not
personally. No personal liability or personal responsibility is
assumed by or shall at any time be asserted or enforceable
against the.Trustee on account of any warranty, indemnity,
representation, covenant, undertaking or agreement of the
Trustee in this instrument.
CHICAGO TITLE LAND
as Trustee under trust
December 19, 201 nd
In
STATE OF ILLINOIS )
) SS:
COUNTY OF DUPAGE )
COMPANY,
ZUST
ment dated
Trust No. 11-12497
I, otary Public, in and for the County andS e aforesaid, DO HEREBY
CERTIFY, that who is personally known to me to be the on Whose name is
subscribed to the forego' instrument, appeared before m6 this day in person and owledged that he
signed, sealed and ered the said instrument as his free and voluntary act and as th and voluntary
act of said limit lability company for the uses and purposes then set forth.
under my hand and notarial seal this day of Mai 2018.
[TRUSTEE EXCULPATION BELOW]
STATE OF ILLINOIS )
) SS:
Notary Public
GRANTE
VILLAG OF OAK BROOK
By.
Printed Name: Gopal G. Lalmalani
Title: Vlla resident
Attest.
Charlotte K. Pruss, Village Clerk
COUNTY OFA PAGE )
I, Qn QAC e �la Notary Public, in and for the County and State aforesaid, DO HEREBY
CERTIFY that COPAL G. LALMALANI and CHARLOTTE K. PRUSS, President and Cleric of the VILLAGE
OF OAK BROOK, who are personally known to me to be the person whose name is subscribed to the
foregoing instrument, appeared before me this day in person and acknowledged that they signed, sealed and
delivered the said instrument as their free and voluntary act and as the free and voluntary act of said
VILLAGE for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of y 2018.
TAMARA J NOWAKOWSKI Notary Public
SLOFFICIAL SEAL
lic, State of Illinoismission Expires tly 02, 2021
PARCEL ONE
LOT 2 IN WENNES ESTATES SUBDIVISION OF LOT 1 IN LUTHIN'S SUBDIVISION A PART
OF THE SOUTH HALF OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE
THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
FEBRUARY 17, 1949 IN THE OFFICE OF THE DUPAGE COUNTY RECORDER OF DEEDS
AS DOCUMENT 563041 IN THE VILLAGE OF OAK BROOK, DUPAGE COUNTY, ILLINOIS.
PARCEL TWO
THAT PART OF LUTHIN ROAD RIGHT-OF-WAY IN THE VILLAGE OF OAK BROOK,
DUPAGE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1 IN LUTHIN'S SUBDIVISION, A
SUBDIVISION SITUATED IN PART OF THE SOUTH HALF OF SECTION 36, TOWNSHIP 39
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN. ACCORDING TO THE
PLAT THEREOF RECORDED FEBRUARY 17, 1949 AS DOCUMENT 563041 IN THE OFFICE
OF THE RECORDER OF DEEDS, IN DUPAGE COUNTY, ILLINOIS: THENCE NORTH 73
DEGREES 11 MINUTES 26 SECONDS WEST ALONG THE NORTH LINE OF SAID LOT, A
DISTANCE OF 265.77 FEET TO THE SOUTHEAST CORNER OF LOT 15 OF SAID LUTHIN'S
SUBDIVISION; THENCE NORTH 67 DEGREES 40 MINUTES 26 SECONDS EAST, A
DISTANCE OF 57.04 FEET; THENCE SOUTH 73 DEGREES 11 MINUTES 26 SECONDS
EAST, A DISTANCE OF 220.21 FEET; THENCE SOUTH 14 DEGREES 42 MINUTES 52
SECONDS WEST, A DISTANCE OF 36.02 FEET ALONG THE WEST RIGHT-OF-WAY LINE
OF YORK ROAD TO THE POINT OF BEGINNING.
11
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