S-1604 - 05/12/2020 - AGREEMENT - Ordinances Supporting Documents 8 0 7 0 7 0 8 1
Tr,:40180770
FRED SHCH01-7, RECORDER
DUPAGE 00114TY iLLIHOIS
09,10111-020 10:02 AM
DOCUMENT # R2020-097,387
(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: ORDINANCE NUMBER 2020-EASE-AG-MULTPROP-S-1604,AN
ORDINACNE APPROVING AND AUTHORIZING TEMPORARY CONSTRUCTION
EASEMENTS AND PERMANENT EASEMENT AGREEMENTS BY AND BETWEEN THE
VILLAGE OF OAK BROOK AND MULTIPLE PROPERTIES/OWNERS ADJACENT TO
NORTH WINDSOR DRIVE
Property Address/es 100 WINDSOR DRIVE,OAK BROOK.IL
(If vacant land,so state and list nearest cross streets)
PIN No(s). 06-24-402-023-0000
Name&Address of Applicant: N/A
Name&Address of Responsible: Village of Oak Brook
Doug Patchin
1200 Oak Brook Road,Oak Brook,IL 60523
Party to Receive Copy of:
Recorded Document and Billing:
G/L Account to be charged: 461-90700
Prepared By&Return to: <Village of Oak Brook 1
1200 Oak Brook Road
Oak Brook,IL 60523-2255
Name&Address of Recipient N/A
of Consideration(when applicable):
G/L Account to be charged:
Prepared by and Return to:
James G. Wargo
Ottosen DiNolfo Hasenbalg &
Castaldo, Ltd.
1804 N Naper Blvd., Suite 350
Naperville, Illinois 60563
This space reserved for Recorder's use
EASEMENT AGREEMENT
THIS AGREEMENT, dated as of this _71 day of ;r64rA(;; 2020, by and
between the BLISTEX 100 L.L.C., an Illinois limited liability company ("BLISTEX"), and the
VILLAGE OF OAK BROOK, an Illinois municipal corporation ("VILLAGE").
RECITALS:
WHEREAS, BLISTEX is the legal owner of record of certain real property situated within
the corporate limits of the Village of Oak Brook, DuPage County, Illinois, which real property is
commonly known as 100 Windsor Drive, Oak Brook, Illinois, P.I.N. 06-24-402-023-0000, and
legally described in EXHIBIT 1 attached hereto and by this reference incorporated herein (the
"Blistex Propert3l'); and
WHEREAS, the VILLAGE is in the process of widening the roadway on Windsor Drive
between 22nd Street and Swift Drive in the Village of Oak Brook; and
WHEREAS, part of the road widening project includes the movement of the existing 10-
inch water main on and/or adjacent to the Blistex Property along Windsor Drive and to extend the
water main through the nearby Interstate Highway (hereinafter the "Project"); and
WHEREAS, BLISTEX desires to grant an easement to the VILLAGE on a portion of the
Blistex Property in order to complete the water main portion of the Project, which easement area
is legally described in EXHIBIT 2 attached hereto and by this reference incorporated herein (the
"Water Main Easement Premises Area One"); and
WHEREAS, BLISTEX further desires to grant an easement to the VILLAGE on an
additional portion of the Blistex Property for the water main, which additional easement area is
legally described in EXHIBIT 3 attached hereto and by this reference incorporated herein (the
"Water Main Easement Premises Area Two's; and
WHEREAS, the Water Main Easement Premises Area One and the Water Main Easement
Premises Area Two shall collectively be referred to as the "Water Main Easement Premises
Areas."
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WHEREAS,BLISTEX further desires to grant the VILLAGE a permanent easement on the
Blistex Property for the installation of street lights along and/or adjacent to Windsor Drive,which
easement area is legally described in EXHIBIT 4 attached hereto and by this reference
incorporated herein(the"Street Lighting Easement Premises Area');and
WHEREAS,BLISTEX further desires to grant the VILLAGE a permanent easement on the
Blistex Property for the installation of a sidewalk along and/or adjacent to Windsor Drive,which
easement area is legally described in EXHIBIT 5 attached hereto and by this reference
incorporated herein(the"Sidewalk Easement Premises Area');and
WHEREAS,the Water Main Premises Areas, Street Lighting Easement Premises Area,
and the Sidewalk Easement Premises Area shall collectively be referred to as the"Permanent
Easement Premises Areas;"and
WHEREAS,BLISTEX further desires to grant the VILLAGE a temporary easement on the
Blistex Property,which easement area is legally described in EXHIBIT 6 attached hereto and by
this reference incorporated herein (the "Temporary Construction Easement Premises") in
order to complete the necessary work on the Project.
NOW,THEREFORE,in consideration of the sum of Ten Dollars($10.00)and the mutual
covenants and agreements set forth herein and other good and valuable consideration provided
by the VILLAGE to BLISTEX,the receipt and sufficiency of which are hereby acknowledged,the
parties thereto mutually agree as follows:
SECTION ONE: Recitals. That the recitals set forth above are incorporated herein and
made a part hereof as if set forth fully herein.
SECTION TWO:
A. Grant of Permanent Water Main Easements. BLISTEX hereby grants and
conveys to the VILLAGE a perpetual,non-exclusive easement and right of way(the"Water Main
Easement")for the full and free right, privilege and authority of allowing the VILLAGE and its
agents,servants,employees,invitees,and contractors(collectively,"Village Agents")to survey,
construct, reconstruct, lay, use, own, operate, maintain, test, inspect, repair, replace, enlarge,
renew, alter, remove, or abandon in place a water main and all attachments, equipment, and
appurtenances incidental thereto (such water main and all attachments, equipment, and
appurtenances shall hereafter collectively be referred to as "Water Main Facilities') as the
VILLAGE may deem necessary or desirable for its needs (these activities shall hereinafter
collectively be referred to as (the "Water Main Easement Activities") in, upon, over, under,
through,along,across,and under the Water Main Easement Premises Area One as well as the
Water Main Easement Premises Area Two, subject to the terms and conditions hereinafter set
forth,together with all reasonable rights of ingress and egress over the Blistex Property to carry
out the purposes of the Water Main Easement granted herein. The easements granted over the
Water Main Easement Premises Areas granted herein are further identified as the"Water Main
Easement—1 (WME-1)"and the"Water Main Easement—2(WME-2)"on the Easement Exhibit
attached at EXHIBIT 7 and by this reference incorporated herein.
B. Grant of Permanent Street Lighting Easement. BLISTEX hereby grants and
conveys to the VILLAGE a perpetual, non-exclusive easement and right of way (the "Street
Lighting Easement')for the full and free right,privilege and authority of allowing the VILLAGE
and its agents,servants,employees,invitees,and contractors(collectively,"Village Agents")to
surrey, construct, reconstruct, lay, use, own, operate, maintain, test, inspect, repair, replace,
enlarge, renew, alter, and remove street lights and all attachments, equipment, and
appurtenances incidental thereto(collectively referred to as"Street Lighting Facilities")as the
VILLAGE may deem necessary or desirable for its needs (these activities shall hereinafter
collectively be referred to as(the"Street Lighting Easement Activities")in,upon,over,under,
through, along, across,and under the Street Lighting Easement Premises Area, subject to the
terms and conditions hereinafter set forth, together with all reasonable rights of ingress and
egress over the Blistex Property to carry out the purposes of the Street Light Easement granted
herein. The easement granted over the Street Lighting Easement Premises Area granted herein
is further identified on the Easement Exhibit attached at EXHIBIT 7 and by this reference
incorporated herein.
C. Grant of Sidewalk Easement. BLISTEX hereby grants and conveys to the
VILLAGE a perpetual,non-exclusive easement and right of way(the"Sidewalk Easement')for
the full and free right, privilege and authority of allowing the VILLAGE and its agents,servants,
employees, invitees, and contractors (collectively, "Village Agents") to survey, construct,
reconstruct,lay,use,own,operate,maintain,test,inspect,repair,replace,enlarge,renew,alter,
and remove a public use VILLAGE owned hard-surfaced sidewalk("Sidewalk")as the VILLAGE
may deem necessary or desirable for its needs(these activities shall hereinafter collectively be
referred to as(the"Sidewalk Easement Activities')in,upon,over,under,through,along,across,
and under the Sidewalk Easement Premises Area,subject to the terms and conditions hereinafter
set forth,together with all reasonable rights of ingress and egress over the Blistex Property to
carry out the purposes of the Sidewalk Easement granted herein. The easement granted over
the Sidewalk Easement Premises Area granted herein is further identified on the Easement
Exhibit attached at EXHIBIT 7 and by this reference incorporated herein.
D. Grant of Temoorary Construction Easement. BLISTEX hereby further grants
and conveys to the VILLAGE a temporary construction easement(the"Temporary Construction
Easement')for the full and free right, privilege and authority to perform the installation work,
staging,equipment and materials storage,and similar activities relating to the initial installation
and/or construction of the Water Main Facilities,Street Lighting Facilities and Sidewalk and any
necessary restoration(collectively,the"Construction Work')over,along, upon,and across the
Temporary Construction Easement Premises Area. The VILLAGE shall utilize the Temporary
Easement Premises Area in a manner so as to minimize any disruption and/or interference with
the BLISTEX's business operations on the Blistex Property. The VILLAGE shall notify BLISTEX
at least seven(7)days prior to beginning any Construction Work within the Permanent Easement
Premises Areas and/or the Temporary Construction Easement Premises Area and shall thereafter
complete the Construction Work within twelve(12) months unless otherwise agreed to by the
VILLAGE and the BLISTEX. Upon completion of the Construction Work, the VILLAGE shall
provide written notice to BLISTEX (the "Completion Notice"). The term of the Temporary
Construction Easement shall commence upon recordation of this Easement Agreement and
terminate on the date of the Completion Notice. The easement over the Temporary Construction
Easement Premises Area granted herein is further identified as the "Temporary Construction
Easement (TCE)" on the Easement Exhibit attached at EXHIBIT 7 and by this reference
incorporated herein.
SECTION THREE: Installation and Maintenance. The VILLAGE agrees that it shall
cause any installation of the Water Main Facilities, Street Lighting Facilities and Sidewalk and
any Construction Work to be done and completed in a good and workmanlike manner,free of any
liens and in compliance with all laws and regulations regarding the Water Main Facilities,Street
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Lighting Facilities and Sidewalk,and thereafter the VILLAGE shall maintain or cause the Water
Main Facilities,Street Lighting Facilities and Sidewalk to be maintained in good order,condition
and repair in compliance with all applicable laws and regulations at the VILLAGE's sole cost. The
VILLAGE shall be solely responsible for the transportation,safekeeping,and storage of materials
and equipment used in the exercise of the Water Main Easement Activities, Street Lighting
Easement Activities and Sidewalk Easement Activities granted herein,for the removal of waste
and debris resulting therefrom,and for the prompt repair of any damage caused by the VILLAGE
and/or Village Agents to the Blistex Property.
SECTION FOUR: Restoration. Upon completion of the Construction Work or the
exercise of any other Water Main Easement Activities,Street Lighting Easement Activities and/or
Sidewalk Easement Activities(collectively referred to as"Easement Activities")by the VILLAGE
and/or the Village Agents,the VILLAGE agrees to promptly,and in no case within less than 30
days thereafter,repair and restore any portion of the Blistex Property which is disturbed or altered
in any manner by such Easement Activities(including the landscaping and surface of the ground
above the same) to the grade and condition it was in immediately prior to such Easement
Activities,at the VILLAGE's sole cost and expense. The foregoing notwithstanding, in the even
that any repair or restoration of landscaping cannot be completed within 30 days due to fall or
winter weather,the VILLAGE shall restore such landscaping as soon as practicable the following
spring.
SECTION FIVE: Indemnification and Hold Harmless. The VILLAGE shall defend,
indemnify, keep and save harmless BLISTEX against all injuries, deaths, losses, damages,
claims, liens, suits, liabilities, judgments, costs and expenses which may accrue (including
reasonable attorneys'fees and court costs),arising out of,or alleged to arise out of the VILLAGE's
performance of Water Main Easement Activities, Street Lighting Easement Activities, Sidewalk
Easement Activities and/or use of the Permanent Easement Premises Areas or the Temporary
Construction Easement Premises Area and and/or other portion of the BLISTEX Property under
this Agreement but only to the extent caused by the negligence and/or wrongful conduct of the
VILLAGE or any other party for whom the VILLAGE is responsible. The VILLAGE shall not be
obligated or responsible to indemnify,defend,and/or hold harmless BLISTEX,or any third party,
from or against any injuries,deaths, losses,damages,claims, liens,suits, liabilities,judgments,
costs and/or expenses to the extent caused by the negligence or wrongful conduct of BLISTEX
or any other party for whom BLISTEX is responsible.
SECTION SIX: Reservation of Rights. BLISTEX hereby reserves the right to use the
Permanent Easement Premises Areas in a manner that will not prevent or interfere in any way
with the exercise by the VILLAGE of the rights granted hereunder; provided, however, that
BLISTEX shall not permanently or temporarily improve, disturb, damage, destroy, injure, or
obstruct the Permanent Easement Premises Areas, nor permit the Permanent Easement
Premises Areas to be permanently or temporarily improved, disturbed, damaged, destroyed,
injured, or obstructed, at any time whatsoever,without the express prior written consent of the
VILLAGE. The Water Main Easement, Street Lighting Easement and the Sidewalk Easement,
and the Temporary Construction Easement are and shall be expressly subject to any easements
and rights-of-way already existing as of the date hereof in,over,upon and across the Permanent
Easement Premises Areas and the Temporary Construction Easement Premises Area.BLISTEX
shall have the right to grant other non-exclusive easements over, along, upon, or across the
Permanent Easement Premises Areas and the Temporary Construction Premises Area;provided,
however, that any other easements shall be subject to this Agreement and the rights granted
hereby;and provided further,however,that the VILLAGE shall have first consented in writing to
the terms,nature,and location of any other easements.BLISTEX reserves the right to promulgate
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reasonable rules and regulations regarding any access by the VILLAGE in the exercise of its
easement rights granted herein,and the VILLAGE and Village Agents shall comply with the same.
SECTION SEVEN: Further Assurances. BLISTEX hereby represents and warrants that
it shall take all necessary action so that the easements contemplated by this Agreement shall be
released from all liens, including but not limited to, the lien of all mortgages, mechanics' lien
claims, security agreements, assignments of rents and leases, and shall execute all such
documents as may be reasonably necessary to perfect the VILLAGE's right, title, and interest
herein. In the event BLISTEX has a mortgage lien on the Blistex Property, BLISTEX agrees to
obtain its lender's written consent by having such lender execute the Consent, Joinder and
Subordination of Lender with respect to this Agreement and the easements granted herein,which
is attached hereto as EXHIBIT 8.
SECTION EIGHT: 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 Blistex Property, and shall be
binding upon and inure to the benefit of BLISTEX and the VILLAGE and their respective heirs,
executors, administrators, grantees, successors, assigns, agents, licensees, invitees, and
representatives,including,without limitation,all subsequent owners of the Blistex Property,or any
portion thereof,and all persons claiming under them.
SECTION NINE: Notices. Any notice required or desired to be given under this
Agreement shall be deemed properly served if delivered in person to the party to whom it is
addressed or on the third(3rd)day after deposit in the U.S.Mail, registered or certified delivery,
return receipt requested,postage prepaid,and addressed as follows:
If to the VILLAGE: Village of Oak Brook
1200 Oak Brook Road
Oak Brook,Illinois 60523
Attn: Village Administrator
If to BLISTEX: Blistex 100 L.L.C.
1800 Swift Drive
Oak Brook,Illinois 60521
SECTION TEN: Recording. Upon execution,this Agreement shall be recorded by the
VILLAGE with the DuPage County Recorder of Deeds.
SECTION ELEVEN: Amendment. This Agreement may be modified, amended, or
annulled only by the written agreement of BLISTEX and the VILLAGE.
SECTION TWELVE:Counterparts. This Agreement may be executed in counterparts,
each of which shall be deemed to be an original and all of which shall together constitute one and
the same instrument.
SECTION THIRTEEN: Governing Law. The terms and provisions of this Agreement
shall be construed and enforced in accordance with the laws of the State of Illinois,without regard
to conflict of law principles.
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SECTION FOURTEEN: Survival. All representations and warranties contained herein
(including in the Recitals and Exhibits) shall survive the execution of this Agreement and the
recordation thereof and shall not be merged.
IN WITNESS WHEREOF, the parties hereto have executed or have caused this
instrument to be executed by their proper officers duly authorized to execute.
VILLAGE OF O C BROOK
Gopal G.Lalmalani,Village President
Date
ATTES I:
Charlotte . Pruss,Village Clerk �1 ,
Date: 10 /�
BLISTEX 100 L.L.C.,
an Illinois limited liability
^^company
By: ��►'� /,.-k
Authorobd Officer �
Name: Titsr(,j h
Title: MhNA6r6�
Date:
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STATE OF ILLINOIS )
) SS
COUNTY OF DUPAGE )
I, ( ir1Ll s% Notary Public in and for said County, in the State
aforesaid,do hereby certify that GOPAL G. LALMALANI,as the Village President of the Village
of Oak Brook, and CHARLOTTE K. PRUSS, as the Village Clerk of the Village, and personally
known to me to be the same persons whose names are subscribed to the foregoing instrument,
appeared before me this day and acknowledged that as the Village President and the Village
Clerk of the Village of Oak Brook,they signed and delivered said instrument as their own free and
voluntary act and as the free and voluntary act of the Village of Oak Brook for the uses and
purposes therein set forth.
Given under my hand and official seal this e;�— day of '2020.
111k�"
Notary Public
My commission expires: -2,0 2-3
CHARLOTTE PRUSS
Official Seal
Notary Public-State of Illinois
My Commission Expires Jul 26,2023
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STATE OF ILLINOIS )
SS
COUNTY OF Loam )
1, _P-& S 201�rte_ a Notary Public in and for said County, in the State
aforesaid,do hereby certify that :1 5 F,ti Arci,_ ,as the/ —9,r of BLISTEX 100
L.L.C., and personally known to me to be the same person whose name ID subscribed to the
foregoing instrument, appeared before me this day and acknowledged that as the
v a yif of BLISTEX 100 L.L.C., he or she signed and delivered said
instrument as his or her own free and voluntary act and as the free and voluntary act of the
BLISTEX 100 L.L.C.for the uses and purposes therein set forth.
Given under my hand and official seal this �gday of 2020.
Notary Public
My commission expires: �f r 202
(SEAL)
RICHARD ROBERG
Official Seal
Notary Public-State of Illinois
My Commission Expires Mar 11,2023
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EXHIBIT 1
LEGAL DESCRIPTION OF THE BLISTEX PROPERTY
LOT 1 IN OAK BROOK DEVELOPMENT COMPANY'S SUBDIVISION NO.4 OF PARTS OF LOT
1 AND A VACATED PORTION OF PUBLIC STREET IN BUTLER COMPANY M-1 INC.
ASSESSMENT PLAT NO. 4, SITUATED IN THE SOUTHEAST QUARTER OF SECTION 24,
TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 11, 1968 AS DOCUMENT
R68-57891,IN DUPAGE COUNTY,ILLINOIS.
Commonly known as 100 Windsor Drive,Oak Brook,DuPage County,Illinois;Permanent Index
Number 06-24-402-023-0000.
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EXHIBIT 2
LEGAL DESCRIPTION (WATER MAIN EASEMENT \ WME-1):
THAT PART OF LOT 1 IN OAK BROOK DEVELOPMENT COMPANY'S SUBDIVISION NO. 4, BEING
A SUBDIVISION IN THAT PART OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 39
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED DECEMBER 11, 1968 AS DOCUMENT NO. R1968-057891 IN DUPAGE
COUNTY, ILLINOIS, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE
SOUTHERLY LINE OF SAID LOT 1, BEING A 935.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY, AN ARC DISTANCE OF 100.00 FEET (THE CHORD BEARS AN ILLINOIS
COORDINATE SYSTEM (EAST ZONE) GRID BEARING OF NORTH 75 DEGREES 08 MINUTES 59
SECONDS EAST, 99.95 FEET) TO THE POINT OF BEGINNING; THENCE NORTH 11 DEGREES
47 MINUTES 11 SECONDS WEST, 3.00 FEET TO A POINT ON A LINE 3.00 FEET
NORTHWESTERLY OF AND PARALLEL WITH SAID SOUTHERLY LINE OF LOT 1, SAID PARALLEL
LINE BEING A 938.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE
NORTHEASTERLY ALONG SAID CURVE 6.02 FEET (THE CHORD BEARS NORTH 78 DEGREES 23
MINUTES 51 SECONDS EAST, 6.02 FEET); THENCE SOUTH 11 DEGREES 25 MINUTES 07
SECONDS EAST, 3.00 FEET TO A POINT ON SAID SOUTHERLY LINE OF LOT 1, BEING A
935.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG
SAID CURVE AND SOUTHERLY LINE 6.00 FEET (THE CHORD BEARS SOUTH 78 DEGREES 23
MINUTES 51 SECONDS WEST, 6.00 FEET) TO THE POINT OF BEGINNING.
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EXHIBIT 3
LEGAL DESCRIPTION (WATER MAIN EASEMENT \ WME-2):
THAT PART OF LOT 1 IN OAK BROOK DEVELOPMENT COMPANY'S SUBDIVISION NO. 4, BEING
A SUBDIVISION IN THAT PART OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 39
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED DECEMBER 11, 1968 AS DOCUMENT NO. R1968-057891 IN DUPAGE
COUNTY, ILLINOIS, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE
SOUTHERLY LINE OF SAID LOT 1, BEING A 935.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY, AN ARC DISTANCE OF 248.23 FEET (THE CHORD BEARS AN ILLINOIS
COORDINATE SYSTEM (EAST ZONE) GRID BEARING OF NORTH 79 DEGREES 41 MINUTES 28
SECONDS EAST, 247.50 FEET); THENCE NORTH 87 DEGREES 17 MINUTES 48 SECONDS EAST,
82.45 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING; THENCE NORTH
02 DEGREES 42 MINUTES 12 SECONDS WEST, 3.00 FEET TO A POINT ON A LINE 3.00 FEET
NORTHERLY OF AND PARALLEL WITH SAID SOUTHERLY LINE OF LOT 1; THENCE NORTH 87
DEGREES 17 MINUTES 48 SECONDS EAST, 6.00 FEET ALONG SAID PARALLEL LINE; THENCE
SOUTH 02 DEGREES 42 MINUTES 12 SECONDS EAST, 3.00 FEET TO A POINT ON SAID
SOUTHERLY LINE OF LOT 1; THENCE SOUTH 87 DEGREES 17 MINUTES 48 SECONDS WEST,
6.00 FEET ALONG SAID SOUTHERLY LINE TO THE POINT OF BEGINNING.
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EXHIBIT 4
LEGAL DESCRIPTION (STREET LIGHTING EASEMENT \ SLE):
THAT PART OF LOT 1 IN OAK BROOK DEVELOPMENT COMPANY'S SUBDIVISION NO. 4, BEING
A SUBDIVISION IN THAT PART OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 39
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED DECEMBER 11, 1968 AS DOCUMENT NO. R1968-057891 IN DUPAGE
COUNTY, ILLINOIS, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE
SOUTHERLY LINE OF SAID LOT 1, BEING A 935.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY, AN ARC DISTANCE OF 248.23 FEET (THE CHORD BEARS AN ILLINOIS
COORDINATE SYSTEM (EAST ZONE) GRID BEARING OF NORTH 79 DEGREES 41 MINUTES 28
SECONDS EAST, 247.50 FEET); THENCE NORTH 87 DEGREES 17 MINUTES 48 SECONDS EAST,
93.45 FEET ALONG SAID SOUTHERLY LINE TO A POINT ON A 30.00 FOOT RADIUS CURVE,
CONCAVE NORTHWESTERLY AND BEING THE SOUTHEASTERLY LINE OF SAID LOT 1; THENCE
NORTHEASTERLY ALONG SAID CURVE 9.00 FEET (THE CHORD BEARS NORTH 78 DEGREES 42
MINUTES 08 SECONDS EAST, 8.97 FEET) TO THE POINT OF BEGINNING; THENCE NORTH 19
DEGREES 53 MINUTES 31 SECONDS WEST, 5.00 FEET TO A POINT ON A LINE 5.00 FEET
NORTHWESTERLY OF AND PARALLEL WITH SAID SOUTHEASTERLY LINE OF LOT 1, BEING A
25.00 FEET CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE
5.83 FEET (THE CHORD BEARS NORTH 63 DEGREES 25 MINUTES 25 SECONDS EAST, 5.82
FEET); THENCE SOUTH 33 DEGREES 15 MINUTES 40 SECONDS EAST, 5.00 FEET TO A POINT
ON SAID SOUTHEASTERLY LINE OF LOT 1, BEING SAID 30.00 FOOT RADIUS CURVE, CONCAVE
NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE 7.00 FEET (THE CHORD BEARS
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SOUTH 63 DEGREES 25 MINUTES 25 SECONDS WEST, 6.98 FEET) TO THE POINT OF
BEGINNING.
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EXHIBIT 5
LEGAL DESCRIPTION (SIDEWALK EASEMENT \ SWE):
THAT PART OF LOT 1 IN OAK BROOK DEVELOPMENT COMPANY'S SUBDIVISION NO. 4, BEING
A SUBDIVISION IN THAT PART OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 39
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED DECEMBER 11, 1968 AS DOCUMENT NO. R1968-057891 IN DUPAGE
COUNTY, ILLINOIS, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE EASTERLY ALONG THE
SOUTHERLY LINE OF SAID LOT 1, BEING A 935.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY, AN ARC DISTANCE OF 138.50 FEET (THE CHORD BEARS AN ILLINOIS
COORDINATE SYSTEM (EAST ZONE) GRID BEARING OF NORTH 76 DEGREES 19 MINUTES 45
SECONDS EAST, 138.37 FEET) TO THE POINT OF BEGINNING; THENCE NORTH 09 DEGREES
25 MINUTES 38 SECONDS WEST, 8.00 FEET TO A POINT ON A LINE 8.00 FEET
NORTHWESTERLY OF AND PARALLEL WITH SAID SOUTHERLY LINE OF LOT 1, SAID PARALLEL
LINE BEING A 943.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE
NORTHEASTERLY ALONG SAID CURVE 37.32 FEET (THE CHORD BEARS NORTH 81 DEGREES 42
MINUTES 23 SECONDS EAST, 37.31 FEET); THENCE SOUTH 07 DEGREES 09 MINUTES 35
SECONDS EAST, 8.00 FEET TO A POINT ON SAID SOUTHERLY LINE OF LOT 1, BEING A
935.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG
SAID CURVE AND SOUTHERLY LINE 37.00 FEET (THE CHORD BEARS SOUTH 81 DEGREES 42
MINUTES 23 SECONDS WEST, 37.00 FEET) TO THE POINT OF BEGINNING.
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EXHIBIT 6
LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT):
THAT PART OF LOT 1 IN OAK BROOK DEVELOPMENT COMPANY'S SUBDIVISION NO. 4, BEING
A SUBDIVISION IN THAT PART OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 39
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED DECEMBER 11, 1968 AS DOCUMENT NO. R1968-057891 IN DUPAGE
COUNTY, ILLINOIS, BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE NORTHERLY ALONG THE
WESTERLY LINE OF SAID LOT 1 HAVING AN ILLINOIS COORDINATE SYSTEM (EAST ZONE)
GRID BEARING OF NORTH 12 DEGREES 05 MINUTES 43 SECONDS WEST, 20.10 FEET TO A
POINT ON A LINE 20.00 FEET NORTHWESTERLY OF AND PARALLEL WITH THE SOUTHERLY
LINE OF LOT 1, SAID PARALLEL LINE BEING A 955.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG SAID CURVE 55.50 FEET (THE CHORD
BEARS NORTH 73 DEGREES 52 MINUTES 22 SECONDS EAST, 55.49 FEET); THENCE SOUTH
14 DEGREES 27 MINUTES 44 SECONDS EAST, 10.00 FEET TO A POINT ON A 945.00 FOOT
RADIUS CURVE, CONCAVE SOUTHEASTERLY AND 10.00 FEET NORTHWESTERLY OF AND PARALLEL
WITH SAID SOUTHERLY LINE OF LOT 1; THENCE NORTHEASTERLY ALONG SAID CURVE 79.50
FEET (THE CHORD BEARS NORTH 77 DEGREES 56 MINUTES 52 SECONDS EAST, 79.48 FEET);
THENCE NORTH 09 DEGREES 38 MINUTES 32 SECONDS WEST, 30.00 FEET TO A POINT ON A
LINE 40.00 FEET NORTHWESTERLY OF AND PARALLEL WITH THE SOUTHERLY LINE OF LOT
1, SAID PARALLEL LINE BEING A 975.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY;
THENCE NORTHEASTERLY ALONG SAID CURVE 123.50 FEET (THE CHORD BEARS NORTH 84
DEGREES 00 MINUTES 17 SECONDS EAST, 123.42 FEET); THENCE SOUTH 02 DEGREES 21
MINUTES 59 SECONDS EAST, 29.98 FEET TO A POINT ON A LINE 10.00 FEET NORTHERLY
15
OF AND PARALLEL WITH THE SOUTHERLY LINE OF SAID LOT 1; THENCE NORTH 87 DEGREES
17 MINUTES 48 SECONDS EAST, 87.89 FEET ALONG SAID PARALLEL LINE TO A POINT ON
A 20.00 FEET RADIUS CURVE, CONCAVE NORTHWESTERLY; THENCE NORTHERLY ALONG SAID
CURVE 31.42 FEET(THE CHORD BEARS NORTH 42 DEGREES 17 MINUTES 48 SECONDS EAST,
28.28 FEET); THENCE NORTH 87 DEGREES 17 MINUTES 48 SECONDS EAST, 10.00 FEET TO
A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 1, BEING A 30.00 FOOT RADIUS
CURVE, CONCAVE NORTHWESTERLY; THENCE SOUTHERLY ALONG SAID CURVE 47.13 FEET (THE
CHORD BEARS SOUTH 42 DEGREES 17 MINUTES 48 SECONDS WEST, 42.43 FEET) TO A POINT
ON SAID SOUTHERLY LINE OF LOT 1; THENCE SOUTH 87 DEGREES 17 MINUTES 48 SECONDS
WEST, 93.45 FEET ALONG SAID SOUTHERLY LINE TO A POINT ON A 935.00 FOOT RADIUS
CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG SAID CURVE AND
SOUTHERLY LINE 248.23 FEET (THE CHORD BEARS SOUTH 79 DEGREES 41 MINUTES 28
SECONDS WEST, 247.50 FEET) TO THE POINT OF BEGINNING.
16
EXHIBIT 7
EASEMENT EXHIBIT
(to be attached)
17
EXHIBIT 8
CONSENT,JOINDER AND SUBORDINATION OF LENDER
WITH RESPECT TO AGREEMENT AND GRANT OF EASEMENTS
("Joinder")
The undersigned, ("Lender")under that certain mortgage,
assignment of rents, security agreement and fixture filing dated
made by BLISTEX 100 L.L.C,an Illinois limited liability corporation, hereinbefore named,which
mortgage was recorded on as Document Number
in the Recorder of Deeds Office of DuPage County, Illinois (the
"Mortgage")and the other ancillary documents executed therewith,including but not limited to the
promissory note(collectively the"Loan Documents"),for itself and its successors and assigns of
its interest under the Mortgage(i)consents to the execution of the herein Easement Agreement
and(ii)agrees that Lender's interest under the Mortgage and the Mortgage itself,and the Loan
Documents, are subject and subordinate to all of the terms, covenants and provisions of the
Easement Agreement to which this Joinder is attached.
The undersigned has executed this Joinder as of the_day of ,2020.
LENDER:
[INSERT LENDER NAME]
By:
Name:
Title:
STATE OF )
SS.
COUNTY OF )
I, ,a Notary Public,in and for the County and State aforesaid,
DO HEREBY CERTIFY,that as the
[insert title]of
(the"Lender"),and personally known to me to be the same person whose name is subscribed to the
foregoing instrument,appeared before me this day in person and acknowledged that as the
[insert title]of the Lender, he or she signed and delivered the said instrument,
pursuant to authority given to him or her by the Lender,as his or her free and voluntary act,and as the
free and voluntary act and deed of the Lender,for the uses and purposes therein set forth.
Given under my hand and official seal,this day of ,2020.
Notary Public My Commission Expires
18
li�Ilhilllllllll illlllllllllll
FRED BUCHOLZ, RECORDER
DI_IPAGE COUNTY ILLIHO1S
09,101/2020 10:02 AM
DOCUMENT # R2020-0j7388
(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: ORDINANCE NUMBER 2020-EASE-AG-MULTPROP-S-1604,AN
ORDINACNE APPROVING AND AUTHORIZING TEMPORARY CONSTRUCTION
EASEMENTS AND PERMANENT EASEMENT AGREEMENTS BY AND BETWEEN THE
VILLAGE OF OAK BROOK AND MULTIPLE PROPERTIES/OWNERS ADJACENT TO
NORTH WINDSOR DRIVE
Property Address/es _210—22ND STREET OAK BROOK IL
(If vacant land,so state and list nearest cross streets)
PIN No(s). 06-24-404-012-0000
Name&Address of Applicant: N/A
Name&Address of Responsible: Village of Oak Brook
Doug Patchin
1200 Oak Brook Road Oak Brook IL 60523
Party to Receive Copy of:
Recorded Document and Billing:
G/L Account to be charged: 461-90700
Prepared By&Return to: Village of Oak Brook
1200 Oak Brook Road
Oak Brook,IL 60523-2255
Name&Address of Recipient N/A
of Consideration(when applicable):
G/L Account to be charged:
11
Prepared by and Return to:
James G.Wargo
Ottosen DiNolfo Hasenbalg&
Castaldo,Ltd.
1804 N Naper Blvd.,Suite 350
Naperville, Illinois 60563
This space reserved for Recorder's use
EASEMENT AGREEMENT
and \\
THIS AGREEMENT, dated as of this day of 2020, by and
between HH OAK BROOK LLC,an Illinois limited liability company("HH OAK BROOK")and the
VILLAGE OF OAK BROOK,an Illinois municipal corporation("VILLAGE").
RECITALS:
WHEREAS,HH OAK BROOK is the legal owner of record of certain real property situated
within the corporate limits of the Village of Oak Brook,DuPage County,Illinois,which real property
is commonly known as 210 2211 Street, Oak Brook, Illinois, P.I.N. 06-24-404-012-0000, and
legally described in EXHIBIT 1 attached hereto and by this reference incorporated herein (the
"HH Oak Brook Property');and
WHEREAS,the VILLAGE is in the process of widening the roadway on Windsor Drive
between 22nd Street and Swift Drive in the Village of Oak Brook;and
WHEREAS, in addition to the widening of Windsor Drive, the Project also includes the
movement of and/or certain improvements to the water main that serves the HH Oak Brook
Property and other surrounding properties and to extend such water main through the nearby
Interstate Highway(hereinafter the("Project");and
WHEREAS,HH OAK BROOK desires to grant the VILLAGE a permanent easement on
the HH Oak Brook Property for the installation of street lights along Windsor Drive, which
easement area is legally described in EXHIBIT 2 attached hereto and by this reference
incorporated herein(the"Street Lighting Easement Premises Area').
NOW,THEREFORE,in consideration of the sum of Ten Dollars($10.00)and the mutual
covenants and agreements set forth herein and other good and valuable consideration provided
by the VILLAGE to HH OAK BROOK, the receipt and sufficiency of which are hereby
acknowledged,the parties thereto mutually agree as follows:
SECTION ONE: Recitals. That the recitals set forth above are incorporated herein and
made a part hereof as if set forth fully herein.
-1 -
SECTION TWO: Grant of Permanent Street Lighting Easement. HH OAK BROOK
hereby grants and conveys to the VILLAGE a perpetual,non-exclusive easement and right of way
(the"Street Lighting Easement')for the full and free right, privilege and authority of allowing
the VILLAGE and its agents,servants,employees,invitees,and contractors(collectively,"Village
Agents")to survey,construct,reconstruct,lay,use,own,operate,maintain,test,inspect,repair,
replace, enlarge, renew, alter, and remove street lights and all attachments, equipment, and
appurtenances incidental thereto(collectively referred to as"Street Lighting Facilities")as the
VILLAGE may deem necessary or desirable for its needs (these activities shall hereinafter
collectively be referred to as(the"Street Lighting Easement Activities")in,upon,over,under,
through, along, across,and under the Street Lighting Easement Premises Area, subject to the
terms and conditions hereinafter set forth, together with all reasonable rights of ingress and
egress over the HH Oak Brook Property to carry out the purposes of the Street Lighting Easement
granted herein. The easement granted over the Street Lighting Easement Premises Area
granted herein is further identified on the Easement Exhibit attached at EXHIBIT 3 and by this
reference incorporated herein.
SECTION THREE: Installation and Maintenance. The VILLAGE agrees that it shall
cause the installation of the Street Lighting Facilities and any related construction work to be done
and completed in a good and workmanlike manner,free of any liens and in compliance with all
laws and regulations regarding the Street Lighting Facilities, and thereafter the VILLAGE shall
maintain or cause the Street Lighting Facilities to be maintained in good order, condition and
repair in compliance with all applicable laws and regulations at the VILLAGE's sole cost. The
VILLAGE shall be solely responsible for the transportation,safekeeping,and storage of materials
and equipment used in the exercise of the Street Lighting Easement Activities granted herein,for
the removal of waste and debris resulting therefrom, and for the prompt repair of any damage
caused by the VILLAGE and/or Village Agents to the HH Oak Brook Property.
SECTION FOUR: Restoration. Upon completion of the Street Lighting Easement
Activities or any other activities within the Street Lighting Easement Premises Area by the
VILLAGE and/or the Village Agents,the VILLAGE agrees to promptly,and in no case within less
than 30 days thereafter, repair and restore any portion of the HH Oak Brook Property which is
disturbed or altered in any manner by such Street Lighting Easement Activities or other work
(including the landscaping and surface of the ground above the same)to the grade and condition
it was in immediately prior to such activities or work,at the VILLAGE's sole cost and expense.
The foregoing notwithstanding, in the event that any repair or restoration of landscaping cannot
be completed within 30 days due to fall or winter weather, the VILLAGE shall restore such
landscaping as soon as practicable the following spring.
SECTION FIVE: Indemnification and Hold Harmless. The VILLAGE shall defend,
indemnify, keep and save harmless HH OAK BROOK against all injuries, deaths, losses,
damages, claims, liens, suits, liabilities, judgments, costs and expenses which may accrue
(including reasonable attorneys'fees and court costs),arising out of,or alleged to arise out of the
VILLAGE's performance of any work and/or use of the Street Lighting Premises Area and/or other
portion of the HH Oak Brook Property under this Agreement but only to the extent caused by the
negligence and/or wrongful conduct of the VILLAGE or any other party for whom the VILLAGE is
responsible. The VILLAGE shall not be obligated or responsible to indemnify,defend,and/or hold
harmless HH OAK BROOK, or any third party, from or against any injuries, deaths, losses,
damages,claims, liens,suits,liabilities,judgments,costs and/or expenses to the extent caused
by the negligence or wrongful conduct of HH OAK BROOK or any other party for they may be
responsible.
-2-
SECTION SIX: Further Assurances. HH OAK BROOK hereby represents and warrants
that it shall take all necessary action so that the easements contemplated by this Agreement shall
be released from all liens, including but not limited to,the lien of all mortgages,mechanics'lien
claims, security agreements, assignments of rents and leases, and shall execute all such
documents as may be reasonably necessary to perfect the VILLAGE's right,title,and interest to
the Street Lighting Easement granted herein. In the event HH OAK BROOK has a mortgage lien
on the HH Oak Brook Property,HH OAK BROOK agrees to obtain its lender's written consent by
having such lender execute the Consent,Joinder and Subordination of Lender with respect to this
Agreement and the easements granted herein,which is attached hereto as EXHIBIT 4.
SECTION SEVEN: 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 HH Oak Brook Property,and shall
be binding upon and inure to the benefit of HH OAK BROOK and the VILLAGE and their
respective heirs, executors, administrators, grantees, successors, assigns, agents, licensees,
invitees, and representatives, including, without limitation, all subsequent owners of the Street
Lighting Easement Premises Area,or any portion thereof,and all persons claiming under them.
SECTION EIGHT: Notices. Any notice required or desired to be given under this
Agreement shall be deemed properly served if delivered in person to the party to whom it is
addressed or on the third(3rd)day after deposit in the U.S. Mail,registered or certified delivery,
return receipt requested,postage prepaid,and addressed as follows:
If to the VILLAGE: Village of Oak Brook
1200 Oak Brook Road
Oak Brook,Illinois 60523
Attn: Village Administrator
If to the HH OAK BROOK: HH Oak Brook LLC
c/o Janko Group LLC
2610 Lake Cook Road,Suite 100
Riverwoods,Illinois 60015
Attn:Gary R.Janko
SECTION NINE: Recording. Upon execution,this Agreement shall be recorded by the
VILLAGE with the DuPage County Recorder of Deeds.
SECTION TEN: Amendment. This Agreement may be modified,amended,or annulled
only by the written agreement of the HH OAK BROOK and the VILLAGE.
SECTION ELEVEN: Counterparts. This Agreement may be executed in counterparts,
each of which shall be deemed to be an original and all of which shall together constitute one and
the same instrument.
SECTION TWELVE: Governing Law. The terms and provisions of this Agreement shall
be construed and enforced in accordance with the laws of the State of Illinois,without regard to
conflict of law principles.
-3-
SECTION THIRTEEN: Survival. All representations and warranties contained herein
(including in the Recitals and Exhibits)shall survive the execution of this Agreement and the
recordation thereof and shall not be merged.
IN WITNESS WHEREOF, the parties hereto have executed or have caused this
instrument to be executed by their proper officers duly authorized to execute.
VILLAGE OAK BROOK
Gopal G.Lal alani,Village President
Date: j
Charlotte K.Pruss,Village Clerk
Date: w
HH OAK BROOK LLC
By:
Name:Gary R.Janko
Title: Manager
Date: I't u 1 1-8 Lo
STATE OF ILLINOIS )
-4-
) Ss
COUNTY OF DUPAGE )
I, UJq&( f04A&Sa Notary Public in and for said County, in the State
aforesaid,do hereby certify that GOPAL G. LALMALANI,as the Village President of the Village
of Oak Brook,and CHARLOTTE K. PRUSS,as the Village Clerk of the Village,and personally
known to me to be the same persons whose names are subscribed to the foregoing instrument,
appeared before me this day and acknowledged that as the Village President and the Village
Clerk of the Village of Oak Brook,they signed and delivered said instrument as their own free and
voluntary act and as the free and voluntary act of the Village of Oak Brook for the uses and
purposes therein set forth.
� -�—\
Given under my hand and official seal this rid day of CL4Ut_ —2020.
� `� —s-Cvirm4_13_�
Notary Public
My commission expires: lam(/1A�-,l-
(SEAL)
RANIA NASR-SERENCES
Official Seal
Notary public-State of Illinois
My Commission Expires Aug 7,2023
-5-
STATE OF ILLINOIS )
) SS
COUNTY OF_ _ )
I, let oie-Iq ,S,JclnsC< , a Notary Public 1n and for said County, in the State
aforesaid,do hereby certify that Gary R.Janko,as the Manager of HH OAK BROOK LLC,and
personally known to me to be the same person whose name ID subscribed to the foregoing
instrument, appeared before me this day and acknowledged that as the Manager of HH OAK
BROOK LLC,he or she signed and delivered said instrument as his or her own free and voluntary
act and as the free and voluntary act of HH OAK BROOK LLC,for the uses and purposes therein
set forth.
Given under my hand and official seal this 28 day of�_ 2020.
Notary Public
My commission expires:
(SEAL)
OFFICIAL SEAL
PAMELA S JOHNSON
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES.11/15121
6
EXHIBIT 1
LEGAL DESCRIPTION OF THE HH OAK BROOK PROPERTY
LOT 1 OF AMERICAN CAN COMPANY ASSESSMENT PLAT OF PART OF THE SOUTHEAST%
OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN,RECORDED AS DOCUMENT 905851,EXCEPT THAT PART THEREOF DESCRIBED
AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1;THENCE SOUTH 89 DEGREES 44
MINUTES 14 SECONDS EAST,ALONG THE NORTH LINE OF SAID LOT 1,22.0 FEET;THENCE
SOUTH 30 DEGREES 18 MINUTES 51 SECONDS WEST,43.90 FEET TO A POINT ON THE WEST
LINE OF SAID LOT 1;THENCE NORTH 0 DEGREES 14 MINUTES 24 SECONDS EAST,ALONG
THE WEST LINE OF SAID LOT 1,38.0 FEET TO THE POINT OF BEGINNING;
ALSO EXCEPT THAT PART THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH 0 DEGREES 14 MINUTES 24
SECONDS EAST,ALONG THE WEST LINE OF SAID LOT 1,158.05 FEET;THENCE SOUTH 5
DEGREES 23 MINUTES 34 SECONDS EAST,132.45 FEET;THENCE SOUTH 39 DEGREES 42
MINUTES 47 SECONDS EAST,34.26 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 1;
THENCE NORTH 89 DEGREES 44 MINUTES 14 SECONDS WEST,ALONG THE SOUTH LINE OF
SAID LOT 1, 35.0 FEET TO THE POINT OF BEGINNING,ALSO EXCEPT THEREOF THAT
PORTION FALLING WITHIN 22ND STREET,IN DU PAGE COUNTY,ILLINOIS.
Commonly known as 210 W.221 Street,Oak Brook,Illinois;Permanent Index Number 06-24-404-
012-0000.
7
EXHIBIT 2
LEGAL DESCRIPTION (STREET LIGHTING EASEMENT):
THAT PART OF LOT 1 IN AMERICAN CAN COMPANY ASSESSMENT PLAT, BEING A SUBDIVISION
IN THAT PART OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE
11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
DECEMBER 11, 1958 AS DOCUMENT NO. R1958-905851 IN DUPAGE COUNTY, ILLINOIS,
BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 1; THENCE SOUTHERLY ALONG
WEST LINE OF SAID LOT 1, HAVING AN ILLINOIS COORDINATE SYSTEM (EAST ZONE) GRID
BEARING OF SOUTH 02 DEGREES 14 MINUTES 22 SECONDS EAST, 219.45 FEET TO THE
POINT OF BEGINNING; THENCE NORTH 87 DEGREES 45 MINUTES 38 SECONDS EAST, 3.00
FEET TO A POINT ON ALINE 3.00 FEET EAST OF AND PARALLEL WITH SAID WEST LINE OF
LOT 1; THENCE SOUTH 02 DEGREES 14 MINUTES 22 SECONDS EAST, 6.00 FEET ALONG SAID
PARALLEL LINE; THENCE SOUTH 87 DEGREES 45 MINUTES 38 SECONDS WEST, 3.00 FEET
TO A POINT ON SAID WEST LINE OF LOT 1; THENCE NORTH 02 DEGREES 14 MINUTES 22
SECONDS WEST, 6.00 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING.
8
EXHIBIT 3
EASEMENT EXHIBIT
(to be attached)
9
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EASEMENT EMIT c6 c. rAOEc.Ao
CBCHRISTOPHER B. BURKE ENGINEERING, LTD. iN D-1 tJ6 16059,. 23
9575 West Higgins Rood, Suite 600 S E* I .
R—s—nl, Illi ois 60018 VILLAGE OF OAK BROOK, ILLINOIS cAw �"" oe6nxc p
18471 823-0500 PREPARED FOR EASE-597-2" t
VILLAGE OF OAR BROOK
DATE. E
EXHIBIT 4
CONSENT,JOINDER AND SUBORDINATION OF LENDER
WITH RESPECT TO AGREEMENT AND GRANT OF EASEMENTS
("Joinder")
The undersigned,SUNFLOWER BANK,N.A.,("Lender")under that certain Mortgage and
Fixture Filing dated June 24, 2016, made by HH OAK BROOK LLC, an Illinois limited liability
corporation,hereinbefore named,which mortgage was recorded on June 30,2016,as Document
Number R2016-066344,and re-recorded on September 22,2016,as Document Number R2016-
102608 in the Recorder of Deeds Office of DuPage County,Illinois,as amended from time to time
(the"Mortgage")and the other ancillary documents executed therewith and amended from time
to time, including but not limited to the amended and restated promissory note(collectively the
"Loan Documents"),for itself and its successors and assigns of its interest under the Mortgage(i)
consents to the execution of the herein Easement Agreement and(ii)agrees that Lender's interest
under the Mortgage and the Mortgage itself, and the Loan Documents, are subject and
subordinate to all of the terms, covenants and provisions of the Easement Agreement to which
this Joinder is attached.
The undersigned has executed this Joinder as of the day of V 2020.
LENDER:
SUNFLOWER BANK,N.A. T
-IDI W, �?�� 5 /,
By: z 1
am
Title: -s I//
STATE OF KOAS(k S )
SS.
J
COUNTY OF Oknsa" )
I, Lf•5a- C. L�tA a Notary Public,in and for the County and State aforesaid,
DO H`E�REBY;�CERTIFY,that �ar�
E. as the
Sr.V�Ce r resic�ent [insert title]of ar QnK
(the"Lender"),and personally known to me to be the same person whose name is subscribed to the
foregoin instrument,appeared before me this day in person and acknowledged that as the Sr.
Wo, [insert title]of the Lender, he or she signed and delivered the said instrument,
pursuant to authority given to him or her by the Lender,as his or her free and voluntary act,and as the
free and voluntary act and deed of the Lender,for the uses and purposes therein set forth.
Given under my I d and official seal,this day of q1JJ4 2020.
NotaV ublic My Com fission Expires
NOTARY PUBLIC Stets of Kansas
use C.10 MY Appl.Expires D b J-1
i'Illlilllllllll�lllllllllllll l i
FRED EUCHOLZn RECORDER
DUPRGE CC,UNTY ILLINOIS
i i9 j01 '2020 10:02 AM
DOCUMENT # R2020-097389
(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: ORDINANCE NUMBER 2020-EASE-AG-MULTPROP-S-1604 AN
ORDINACNE APPROVING AND AUTHORIZING TEMPORARY CONSTRUCTION
EASEMENTS AND PERMANENT EASEMENT AGREEMENTS BY AND BETWEEN THE
VILLAGE OF OAK BROOK AND MULTIPLE PROPERTIES/OWNERS ADJACENT TO
NORTH WINDSOR DRIVE
Property Address/es 300 WINDSOR DRIVE,OAK BROOK IL
(If vacant land,so state and list nearest cross streets)
PIN No(s). 06-24-402-038-0000
Name&Address of Applicant: N/A
Name&Address of Responsible: Village of Oak Brook
Doug Patchin
1200 Oak Brook Road Oak Brook IL 60523
Party to Receive Copy of:
Recorded Document and Billing:
G/L Account to be charged: 461-90700
Prepared By&Return to: C Village of Oak Brook}
1200 Oak Brook Road
Oak Brook, IL 60523-2255
Name&Address of Recipient N/A
of Consideration(when applicable):
G/L Account to be charged:
Prepared by and Return to:
James G. Wargo
Ottosen DiNolfo Hasenbalg &
Castaldo, Ltd.
1804 N Naper Blvd., Suite 350
Naperville, Illinois 60563
This space reserved for Recorder's use
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Agreement"), dated as of this day of
, 2020, by and between DUCHOSSOIS REAL ESTATE LLC, a Delaware
limited liability company ("DUCHOSSOIS"), and the VILLAGE OF OAK BROOK, an Illinois
municipal corporation ("VILLAGE").
RECITALS:
WHEREAS, DUCHOSSOIS is the legal owner of record of certain real property situated
within the corporate limits of the Village of Oak Brook, DuPage County, Illinois, which real property
is commonly known as 300 Windsor Drive, Oak Brook, Illinois, P.I.N. 06-24-402-038-0000, and
legally described in EXHIBIT 1 attached hereto and by this reference incorporated herein (the
"Duchossois Property"); and
WHEREAS, the VILLAGE is in the process of widening the roadway on Windsor Drive
between 22nd Street and Swift Drive in the Village of Oak Brook; and
WHEREAS, part of the road widening project includes the movement of the existing 10-
inch water main on or adjacent to the Duchossois Property along Windsor Drive toward the
roadway area and to extend the water main through the nearby Interstate Highway (hereinafter
the "Project"); and
WHEREAS, DUCHOSSOIS desires to grant an easement to the VILLAGE on a portion of
the Duchossois Property in order to complete the water main portion of the Project, which
easement area is legally described in EXHIBIT 2 attached hereto and by this reference
incorporated herein (the "Water Main Easement Premises Area One"); and
WHEREAS, DUCHOSSOIS further desires to grant an easement to the VILLAGE on an
additional portion of the Duchossois Property for the water main portion of the Project, which
additional easement area is legally described in EXHIBIT 3 attached hereto and by this reference
incorporated herein (the "Water Main Easement Premises Area Two"); and
05781\00139\4846-6346-1313.v4
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WHEREAS,the Water Main Easement Premises Area One and the Water Main Easement
Premises Area Two shall collectively be referred to as the"Permanent Water Main Easement
Premises;"and
WHEREAS, DUCHOSSOIS further desires to grant the VILLAGE a temporary
construction easement over the Duchossois Property,which easement area is legally described
in EXHIBIT 4 attached hereto and by this reference incorporated herein (the "Temporary
Construction Easement Premises" and together with the Permanent Water Main Easement
Premises,the"Easement Premises")in order to complete the necessary work on the Project.
NOW,THEREFORE,in consideration of the sum of Ten Dollars($10.00)and the mutual
covenants and agreements set forth herein and other good and valuable consideration provided
by the VILLAGE to DUCHOSSOIS,the receipt and sufficiency of which are hereby acknowledged,
and subject to the terms and conditions herein,the parties thereto mutually agree as follows:
SECTION ONE: Recitals. That the recitals set forth above are incorporated herein and
made a part hereof as if set forth fully herein.
SECTION TWO:
A. Grant of Permanent Water Main Easement. DUCHOSSOIS hereby grants and
conveys to the VILLAGE a perpetual,non-exclusive easement and right of way(the"Permanent
Water Main Easement")for the full and free right,privilege and authority of allowing the VILLAGE
and its agents,servants,employees,invitees,and contractors(collectively,"Village Agents")to
survey, construct, reconstruct, lay, use, own, operate, maintain, test, inspect, repair, replace,
enlarge,renew,alter,remove,or abandon in place a water main and all attachments,equipment,
and appurtenances incidental thereto (such water main and all attachments, equipment, and
appurtenances shall hereafter collectively be referred to as"Facilities")as the VILLAGE may
deem necessary or desirable for its needs related to the Permanent Water Main Easement(these
activities shall hereinafter collectively be referred to as the"Easement Activities")in,upon,over,
under, through, along, across, and under the Permanent Water Main Easement Premises,
together with all reasonable rights of ingress and egress over the Duchossois Property to carry
out the purposes of the Permanent Water Main Easement granted herein, subject to the terms
and conditions hereinafter set forth and the existing rights of third parties including but not limited
to existing mortgagees as further described in SECTION SEVEN below. The Permanent Water
Main Easement over the Permanent Water Main Easement Premises granted herein is further
identified as the"Water Main Easement—1(WME-1)"and the"Water Main Easement—2(WME-
2)"on the Easement Exhibit attached at EXHIBIT 5 and by this reference incorporated herein.
B. Grant of Temaorary Construction Easement. DUCHOSSOIS hereby further
grants and conveys to the VILLAGE a temporary construction easement (the "Temporary
Construction Easement") for the full and free right, privilege and authority to perform the
installation work,staging,equipment and materials storage, and similar activities relating to the
initial installation and/or construction of the Facilities and any necessary restoration(collectively,
the"Construction Work")over,along,upon,and across the Temporary Construction Easement
Premises. The VILLAGE shall utilize the Temporary Construction Easement Premises in a
manner so as to minimize any disruption and/or interference with DUCHOSSOIS's business
operations on the Duchossois Property. The VILLAGE shall notify DUCHOSSOIS in writing at
least seven(7)days prior to beginning any Construction Work within the Permanent Water Main
Easement Premises and/or Temporary Construction Easement Premises and shall thereafter
complete the Construction Work within twelve(12)months after the date of this Agreement unless
-2-
05781\00139\4846-6346-1313.v4
EAS71175436123.2
otherwise agreed to in writing by the VILLAGE and DUCHOSSOIS. Upon completion of the
Construction Work,the VILLAGE shall provide written notice to DUCHOSSOIS(the"Completion
Notice').The Temporary Construction Easement commences upon the date of this Agreement
and shall terminate on the date which is twelve(12)months thereafter(the"Termination Date").
The Temporary Construction Easement over the Temporary Construction Easement Premises
granted herein is further identified as the "Temporary Construction Easement (TCE)" on the
Easement Exhibit attached at EXHIBIT 5 and by this reference incorporated herein.
SECTION THREE: Installation and Maintenance. The VILLAGE agrees that it shall
cause any installation of the Facilities and any Construction Work to be done and completed in a
good and workmanlike manner,free of any liens and in compliance with all laws and regulations
regarding the Facilities, and thereafter the VILLAGE shall maintain or cause the Facilities to be
maintained in good order, condition and repair in compliance with all applicable laws and
regulations at the VILLAGE's sole cost. The VILLAGE shall be solely responsible, at the
VILLAGE'S sole cost and expense,for the transportation,safekeeping, and storage of materials
and equipment used in the exercise of the Easement Activities granted herein,for the removal of
waste and debris resulting therefrom, and for the prompt repair of any damage caused by the
VILLAGE and/or the Village Agents to the Duchossois Property.
SECTION FOUR: Restoration. Upon completion of the Construction Work or the
exercise of any other Easement Activities by the VILLAGE and/or the Village Agents, the
VILLAGE agrees to promptly, and in any case prior to the Termination Date, repair and restore
any portion of the Duchossois Property which is disturbed or altered in any manner by such
Easement Activities(including the landscaping and surface of the ground above the same)to the
grade and condition it was in immediately prior to such Easement Activities, at the VILLAGE's
sole cost and expense, including the planting of eight(8)Ace miyabei "Morton"—State Street
Maple trees(3"-35'inch minimum diameters)(the"Maple Trees") in the Easement Premises.
The VILLAGE shall obtain and enforce for the benefit of DUCHOSSOIS a customary replacement
warranty for the Maple Trees for two(2)years from the Termination Date.
SECTION FIVE: Indemnification and Hold Harmless:Insurance. The VILLAGE shall
defend,indemnify,keep and save harmless DUCHOSSOIS and its affiliates,and their respective
directors,officers,employees,agents,successors and assigns against all injuries,deaths,losses,
damages, claims, liens, suits, liabilities, judgments, costs and expenses which may accrue
(including reasonable attorneys'fees and court costs),arising out of,or alleged to arise out of the
VILLAGE's performance of Easement Activities and/or use of the Easement Premises and/or
other portion of the Duchossois Property under this Agreement caused by the negligence and/or
wrongful conduct of the VILLAGE or any other party for whom the VILLAGE is responsible,
including but not limited to the Village Agents. The VILLAGE shall not be obligated or responsible
to indemnify,defend,and/or hold harmless DUCHOSSOIS,or any third party,from or against any
injuries, deaths, losses, damages, claims, liens, suits, liabilities, judgments, costs and/or
expenses to the extent caused by the negligence or wrongful conduct of DUCHOSSOIS or any
other party for whom DUCHOSSOIS is responsible. In addition to the indemnification obligations
herein,DUCHOSSOIS and The Chamberlain Group, Inc.shall be named as additional insureds
on the VILLAGE's commercial general liability insurance policy maintained in connection with the
Easement Activities. The VILLAGE shall furnish copies of such insurance policies or certificates
thereof to DUCHOSSOIS upon execution of this Agreement and thereafter at least thirty(30)days
prior to each expiring policy or upon DUCHOSSOIS's written request.The VILLAGE shall cause
any contractor or agent of the VILLAGE to name DUCHOSSOIS and The Chamberlain Group,
Inc. as additional insureds under their commercial general liability insurance policy and to
otherwise comply with the insurance obligations set forth in this SECTION FIVE.
-3-
05781A00139A4846-6346-1313.v4
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SECTION SIX: Reservation of Rights. DUCHOSSOIS hereby reserves the right to use
the Permanent Water Main Easement Premises in a manner that will not prevent or interfere in
any way with the exercise by the VILLAGE of the rights granted hereunder; provided, however,
that DUCHOSSOIS shall not permanently or temporarily improve, disturb, damage, destroy,
injure, or obstruct the Permanent Water Main Easement Premises, nor permit the Permanent
Water Main Easement Premises to be permanently or temporarily improved,disturbed,damaged,
destroyed, injured, or obstructed, at any time whatsoever, without the express prior written
consent of the VILLAGE.The Permanent Water Main Easement is and shall be expressly subject
to any easements and rights-of-way already existing as of the date hereof in, over, upon and
across the Permanent Water Main Easement Premises. DUCHOSSOIS shall have the right to
grant other non-exclusive easements over, along, upon, or across the Permanent Water Main
Easement Premises; provided, however, that any other easements granted subsequent to the
date of the grant of this Permanent Water Main Easement shall be subject to this Agreement and
the rights granted hereby; and provided further, however, that the VILLAGE shall have first
consented in writing to the terms, nature, and location of any other easements, which such
consent shall not be unreasonably withheld,delayed or conditioned.DUCHOSSOIS reserves the
right to promulgate reasonable rules and regulations regarding any access by the VILLAGE in the
exercise of its easement rights granted herein,and the VILLAGE and Village Agents shall comply
with the same.
SECTION SEVEN: Existing Mortgage; Further Assurances. The Duchossois
Property,including the Easement Area,is subject to that certain mortgage,assignment of rents,
security agreement and fixture filing dated April 12,2017,made by and between Bank of America,
N.A. ("Lender") and DUCHOSSOIS, which mortgage was recorded on April 18, 2017 as
Document Number R2017-036833 in the Recorder of Deeds Office of DuPage County, Illinois
(the "Mortgage"). DUCHOSSOIS hereby represents and warrants that it shall take all
commercially reasonable action so that the easements contemplated by this Agreement shall be
superior to the Mortgage and all other liens, including but not limited to, the lien of all other
mortgages, mechanics'lien claims, security agreements, assignments of rents and leases,and
shall execute all such documents as may be reasonably necessary to perfect the VILLAGE's right,
title,and interest herein. DUCHOSSOIS agrees to use commercially reasonable efforts to obtain
Lender's written consent by having Lender execute the Consent, Joinder and Subordination of
Lender with respect to this Agreement and the easements granted herein, which is attached
hereto as EXHIBIT 6.
SECTION EIGHT: 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 Duchossois Property and shall be
binding upon and inure to the benefit of DUCHOSSOIS and the VILLAGE and their respective
heirs,executors,administrators,grantees,successors,assigns,agents,licensees,invitees,and
representatives,including,without limitation,all subsequent owners of the Permanent Water Main
Easement Premises, the Temporary Construction Easement Premises, or any portion thereof,
and all persons claiming under them.
SECTION NINE: Notices. Any notice required or desired to be given under this
Agreement shall be deemed properly served if delivered in person to the party to whom it is
addressed or on the third(3rd)day after deposit in the U.S.Mail, registered or certified delivery,
return receipt requested,postage prepaid,and addressed as follows:
-4-
05781\00139\4846-6346-1313.A
EASnl75436123.2
If to the VILLAGE: Village of Oak Brook
1200 Oak Brook Road
Oak Brook, Illinois 60523
Attn: Village Administrator
If to DUCHOSSOIS: Duchossois Real Estate LLC
444 W. Lake Street, #2000
Chicago, Illinois 60606
Attn: Eric Reeves
with a copy to: Duchossois Real Estate LLC
5707 Red Arrow Highway, Suite 215
Stevensville, Michigan 49127
Attn: William Huffman
and: The Chamberlain Group, Inc.
300 Windsor Drive
Oak Brook, Illinois 60523
Attn: John Galvan
SECTION TEN: Recording. Upon execution, this Agreement shall be recorded by the
VILLAGE with the DuPage County Recorder of Deeds.
SECTION ELEVEN: Amendment. This Agreement may be modified, amended, or
annulled only by the written agreement of DUCHOSSOIS and the VILLAGE.
SECTION TWELVE: Counterparts. This Agreement may be executed in counterparts,
each of which shall be deemed to be an original and all of which shall together constitute one and
the same instrument.
SECTION THIRTEEN: Governing Law. The terms and provisions of this Agreement
shall be construed and enforced in accordance with the laws of the State of Illinois, without regard
to conflict of law principles.
SECTION FOURTEEN: Survival. All representations and warranties contained herein
(including in the Recitals and Exhibits) shall survive the execution of this Agreement and the
recordation thereof and shall not be merged.
[SIGNATURE PAGE FOLLOWS]
- 5 -
05781\00 139\4846-6346-1313.N,4
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IN WITNESS WHEREOF, the parties hereto have executed or have caused this
instrument to be executed by their proper officers duly authorized to execute.
VILLAGE O OAK BROOK
Gop l G. alani, Village President
Date
ATTEST:
Charlotte K. Pruss, Village Clerk
Date . o
17
DUCHOSS,0JS REALSTA C,
a Dela re Limited Lia%ilityICom any
By:
Authorized Officer
Namef - �QP yg6
Title: V,4-
Date:
g Z Z,-.)
05781\00139\4846-6346-1313.v4
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STATE OF ILLINOIS )
SS
COUNTY OF DUPAGE )
I, ( ilo a Notary. Public in and for said County, in the State
aforesaid, do hereby c ify that 6OPAL G. LALMALANI, as the Village President of the Village
of Oak Brook, and CHARLOTTE K. PRUSS, as the Village Clerk of the Village, and personally
known to me to be the same persons whose names are subscribed to the foregoing instrument,
appeared before me this day and acknowledged that as the Village President and the Village
Clerk of the Village of Oak Brook, they signed and delivered said instrument as their own free and
voluntary act and as the free and voluntary act of the Village of Oak Brook for the uses and
purposes therein set forth.
It X
Given under my hand and official seal this day of 2020.
I)YIA(06
Notdry Public
My commission expires: 1 t I I )-0Z
r
(SEAL)
FNotary
KATHRYN WHITE
Official Seat
Public-State of Illinois
ission Expires Apr 17,2021
05781\00139\4846-6346-1313.v4
EAST175436123.2
STATE OF ILLINOIS )
) SS
COUNTY OF OC) ) 11 pp
I, ,7ela Notary Public in and for said County, in the State
aforesaid, do hereby ce'rt4 that �- -r Ped-- VtS as the V Le. of DUCHOSSOIS
REAL ESTATE LLC, and personally known to me to be the same person whose name ID
subscribed t the forego) g instrument, appeared before me this day and acknowledged that as
the V l a ri'siCIL-PV- of DUCHOSSOIS REAL ESTATE LLC, he or she signed and
delivered said instrument as his or her own free and voluntary act and as the free and voluntary
act of DUCHOSSOIS REAL ESTATE LLC for the uses and purposes therein set forth.
Given under my hand and official seal this day of 2020.
Notdry Public -7
My commission expires:
(SEAL)
5 KATHRYN WHITE
Official Seal
Notary Public—State of Illinois
My Commission Expires Apr 17,2021
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EXHIBIT 1
LEGAL DESCRIPTION OF THE DUCHOSSOIS PROPERTY
LOT 1 IN DUCHOSSOIS GROUP SUBDIVISION, BEING A SUBDIVISION IN THAT PART OF
THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED
JUNE 26, 2015 AS DOCUMENT R2015-069145 IN DUPAGE COUNTY, ILLINOIS.
Commonly known as 300 Windsor Drive, Oak Brook, DuPage County, Illinois; Permanent Index
Number 06-24-402-038-0000.
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EXHIBIT 2
LEGAL DESCRIPTION (WATER MAIN EASEMENT PREMISES AREA ONE \ WME-11:
THAT PART OF LOT 1 IN DUCHOSSOIS GROUP SUBDIVISION, BEING A SUBDIVISION IN THAT
PART OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE
26, 2015 AS DOCUMENT NO. R2O15-069145 IN DUPAGE COUNTY, ILLINOIS, BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE SOUTHWESTERLY
ALONG THE SOUTHEASTERLY LINE OF SAID LOT 1, ALSO BEING THE NORTHERLY RIGHT-OF-
WAY LINE OF WINDSOR DRIVE, BEING A 935.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY AN ARC DISTANCE OF 195.91 FEET (THE CHORD BEARS AN ILLINOIS
COORDINATE SYSTEM (EAST ZONE) GRID BEARING OF SOUTH 58 DEGREES 47 MINUTES 16
SECONDS WEST, 195.55 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG
SAID SOUTHEASTERLY LINE OF SAID LOT 1, 6.00 FEET (THE CHORD BEARS SOUTH 52
DEGREES 36 MINUTES 05 SECONDS WEST, 6.00 FEET); THENCE NORTH 37 DEGREES 34
MINUTES 57 SECONDS WEST, 3.00 FEET TO A POINT ON A 938.00 FOOT RADIUS CURVE,
CONCAVE SOUTHEASTERLY AND 3.00 FEET NORTHWESTERLY OF AND PARALLEL WITH SAID
SOUTHEASTERLY LINE OF LOT 1; THENCE NORTHEASTERLY ALONG SAID CURVE 6.02 FEET
(THE CHORD BEARS NORTH 52 DEGREES 36 MINUTES 05 SECONDS EAST, 6.02 FEET); THENCE
SOUTH 37 DEGREES 12 MINUTES 53 SECONDS EAST, 3.00 FEET TO THE POINT OF BEGINNING.
05781\00139\4846-6346-1313.v4
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EXHIBIT 3
LEGAL DESCRIPTION (WATER MAIN EASEMENT PREMISES AREA TWO \ WME-2) :
THAT PART OF LOT 1 IN DUCHOSSOIS GROUP SUBDIVISION, BEING A SUBDIVISION IN THAT
PART OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE
26, 2015 AS DOCUMENT NO. R2015-069145 IN DUPAGE COUNTY, ILLINOIS, BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE SOUTHWESTERLY
ALONG THE SOUTHEASTERLY LINE OF SAID LOT 1, ALSO BEING THE NORTHERLY RIGHT-OF-
WAY LINE OF WINDSOR DRIVE, BEING A 935.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY AN ARC DISTANCE OF 45.50 FEET (THE CHORD BEARS AN ILLINOIS
COORDINATE SYSTEM (EAST ZONE) GRID BEARING OF SOUTH 63 DEGREES 23 MINUTES 47
SECONDS WEST, 45.50 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG
SAID SOUTHEASTERLY LINE OF SAID LOT 1, 6.00 FEET (THE CHORD BEARS SOUTH 61
DEGREES 49 MINUTES 06 SECONDS WEST, 6.00 FEET); THENCE NORTH 28 DEGREES 21
MINUTES 56 SECONDS WEST, 3.00 FEET TO A POINT ON A 938.00 FOOT RADIUS CURVE,
CONCAVE SOUTHEASTERLY AND 3.00 FEET NORTHWESTERLY OF AND PARALLEL WITH SAID
SOUTHEASTERLY LINE OF LOT 1; THENCE NORTHEASTERLY ALONG SAID CURVE 6.02 FEET
(THE CHORD BEARS NORTH 61 DEGREES 49 MINUTES 06 SECONDS EAST, 6.02 FEET); THENCE
SOUTH 27 DEGREES 59 MINUTES 52 SECONDS EAST, 3.00 FEET TO THE POINT OF BEGINNING.
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EXHIBIT 4
LEGAL DESCRIPTION OF THE TEMPORARY CONSTRUCTION EASEMENT PREMISES
(TEMPORARY CONSTRUCTION EASEMENT)
THAT PART OF LOT 1 IN DUCHOSSOIS GROUP SUBDIVISION, BEING A SUBDIVISION IN THAT
PART OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED JUNE
26, 2015 AS DOCUMENT NO. R2015-069145 IN DUPAGE COUNTY, ILLINOIS, BEING
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE SOUTHWESTERLY ALONG
THE SOUTHEASTERLY LINE OF SAID LOT 1, ALSO BEING THE NORTHERLY RIGHT-OF-WAY
LINE OF WINDSOR DRIVE, BEING A 935.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY
AN ARC DISTANCE OF 342.41 FEET (THE CHORD BEARS AN ILLINOIS COORDINATE SYSTEM
(EAST ZONE) GRID BEARING OF SOUTH 54 DEGREES 17 MINUTES 57 SECONDS WEST, 340.50
FEET); THENCE SOUTH 43 DEGREES 48 MINUTES 20 SECONDS WEST, 40.10 FEET ALONG
SAID SOUTHEASTERLY LINE OF SAID LOT 1 TO A POINT ON THE SOUTHWESTERLY LINE OF
SAID LOT 1, ALSO BEING THE NORTHEASTERLY LINE OF THE RONALD REGAN MEMORIAL
TOLLWAY (A.K.A. INTERSTATE 88) AND BEING A 5906.58 FOOT RADIUS CURVE, CONCAVE
SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE 25.00 FEET (THE CHORD
BEARS NORTH 46 DEGREES 37 MINUTES 27 SECONDS WEST, 25.00 FEET) TO A POINT ON A
LINE 25.00 FEET NORTHWESTERLY OF AND PARALLEL WITH SAID SOUTHEASTERLY LINE OF
LOT 1; THENCE NORTH 43 DEGREES 48 MINUTES 20 SECONDS EAST, 40.25 FEET ALONG
SAID PARALLEL LINE TO A POINT ON A 960.00 FOOT RADIUS CURVE, CONCAVE
SOUTHEASTERLY AND 25.00 FEET NORTHWESTERLY OF AND PARALLEL WITH SAID
SOUTHEASTERLY LINE OF LOT 1; THENCE NORTHEASTERLY ALONG SAID CURVE 147.19 FEET
(THE CHORD BEARS NORTH 48 DEGREES 11 MINUTES 53 SECONDS EAST, 147.05 FEET);
05781\00139\4846-6346-1313.v4
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THENCE SOUTH 37 DEGREES 24 MINUTES 35 SECONDS EAST, 15.00 FEET TO A POINT ON A
945.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY AND 10.00 FEET NORTHWESTERLY
OF AND PARALLEL WITH SAID SOUTHEASTERLY LINE OF LOT 1; THENCE NORTHEASTERLY
ALONG SAID CURVE 200.10 FEET (THE CHORD BEARS NORTH 58 DEGREES 39 MINUTES 23
SECONDS EAST, 199.73 FEET) TO A POINT ON THE EASTERLY LINE OF SAID LOT 1; THENCE
SOUTH 31 DEGREES 36 MINUTES 10 SECONDS EAST, 10.06 FEET ALONG SAID EASTERLY
LINE TO THE POINT OF BEGINNING.
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EXHIBIT 5
EASEMENT EXHIBIT
L. EASEMENT EXHIBIT
71
Zrv'l;
400
_J
®R100
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EVOM EUM
BUR a nc�curNC Lr
W OAF UNK.ILLINOIS
05781\00139\4846-6346-1313.v4
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EXHIBIT 6
CONSENT, JOINDER AND SUBORDINATION OF LENDER
WITH RESPECT TO AGREEMENT AND GRANT OF EASEMENTS
("Joinder")
The undersigned, BANK OF AMERICA, N.A., as lender ("Lender") under that certain
mortgage, assignment of rents, security agreement and fixture filing dated April 12, 2017, made
by DUCHOSSOIS REAL ESTATE LLC, a Delaware limited liability corporation, hereinbefore
named, which mortgage was recorded on April 18, 2017 as Document Number R2017-036833 in
the Recorder of Deeds Office of DuPage County, Illinois (the "Mortgage") and the other ancillary
documents executed therewith, including but not limited to the promissory note (collectively the
"Loan Documents"), for itself and its successors and assigns of its interest under the Mortgage (i)
consents to the execution of the herein Easement Agreement and (ii) agrees that Lender's interest
under the Mortgage and the Mortgage itself, are subject and subordinate to all of the terms,
covenants and provisions of the Easement Agreement to which this Joinder is attached.
c., I
The undersigned has executed this Joinder as of the2o day of ��t� 2020.
LENDER:
BANK OF AMERICA, N.A.
i� ss.ZAs�11� 1 �-
C 01
By:
Nam
Title: Seal-o—
Pra S
STATE OF T1I,IW1 S )
SS.
COUNTY OF ( 0/n )
I, Seyg D a Notary Public, in and for the County and State aforesaid,
DO HEREBY CERTIFY, that k11 1 as the
'2A for (, ICe. s fit- [insert title] of G iT 4,wr i c�
(the "Lender"), and personally known to me to be the same person whose name is subscribed to the
foregoing instrument, appeared before me this day in person and acknowledged that as the S '
07ZO
VICE -��. [insert title] of the Lender, he or she signed and delivered the said instrument,
pursuant to authority given to him or her by the Lender, as his or her free and voluntary act, and as the
free and voluntary act and deed of the Lender, for the uses and purposes therein set forth.
+h
Given under my hand and official seal, this _day of 2020.
�
ary Public "OFFICIAL SEAL" ray Commission Expires
LAUREN P ORSENO
Notary Public-State of Illinois i
My Commission Expires August 30,2022 {
-.w.,.s.rt�..r.P.►.rtiraai M`r.e u.i-.r•f�
05781\00139\4846-6346-1313.v4
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1111IM1111111111
TX:40180770
FRED SUC:HOLZ, RECORDER
DORHf'E COUNTY ILLINOIS
09/01/22020 10102 HM
DOCUMENT # R2020-097,390
(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: ORDINANCE NUMBER 2020-EASE-AG-MULTPROP-S-1604 AN
ORDINACNE APPROVING AND AUTHORIZING TEMPORARY CONSTRUCTION
EASEMENTS AND PERMANENT EASEMENT AGREEMENTS BY AND BETWEEN THE
VILLAGE OF OAK BROOK AND MULTIPLE PROPERTIES/OWNERS ADJACENT TO
NORTH WINDSOR DRIVE
Property Address/es 300 W.22"D STREET OAK BROOK IL
(If vacant land,so state and list nearest cross streets)
PIN No(s). 06-24-403-007-0000
Name&Address of Applicant: N/A
Name&Address of Responsible: Village of Oak Brook
Doug Patchin
1200 Oak Brook Road Oak Brook IL 60523
Party to Receive Copy of:
Recorded Document and Billing:
G/L Account to be charged: 461-90700
Prepared By&Return to: (Village of Oak Brook
1200 Oak Brook Road
Oak Brook, IL 60523-2255
Name&Address of Recipient N/A
of Consideration(when applicable):
G/L Account to be charged:
Prepared by and Return to:
James G. Wargo
Ottosen DiNolfo Hasenbalg &
Castaldo, Ltd.
1804 N Naper Blvd., Suite 350
Naperville, Illinois 60563
This space reserved for Recorder's use
EASEMENT AGREEMENT
THIS AGREEMENT, dated as of this 5 day of �_ )CLf-\_C _ 2020, by and
between The INTERNATIONAL ASSOCIATION OF LIONS CLUBS, an Illinois not for profit
corporation ("LIONS CLUB"), and the VILLAGE OF OAK BROOK, an Illinois municipal
corporation ("VILLAGE").
RECITALS:
WHEREAS, The ASSOCIATION is the legal owner of record of certain real property
situated within the corporate limits of the Village of Oak Brook, DuPage County, Illinois, which
real property is commonly known as 300 W. 22nd Street, Oak Brook, Illinois, P.I.N. 06-24-403-
007-0000, and legally described in EXHIBIT 1 attached hereto and by this reference incorporated
herein (the "Lions Club Property'); and
WHEREAS, the VILLAGE is in the process of widening the roadway on Windsor Drive
between 22nd Street and Swift Drive in the Village of Oak Brook; and
WHEREAS, part of the road widening project includes the movement of the existing 10-
inch water main on and/or adjacent to the Lions Club Property along Windsor Drive and to extend
the water main through the nearby Interstate Highway (hereinafter the "Project"); and
WHEREAS, The LIONS CLUB desires to grant an easement to the VILLAGE on a portion
of the Lions Club Property in order to complete the water main portion of the Project, which
easement area is legally described in EXHIBIT 2 attached hereto and by this reference
incorporated herein (the "Water Main Easement Premises Area"); and
WHEREAS, The LIONS CLUB also desires to grant the VILLAGE a permanent easement
on the Lions Club Property for the installation of a sidewalk along and/or adjacent to Windsor
Drive, which easement area is legally described in EXHIBIT 3 attached hereto and by this
reference incorporated herein (the "Sidewalk Easement Premises Area"); and
WHEREAS, the Water Main Premises Area, and the Sidewalk Easement Premises Area
shall collectively be referred to as the "Permanent Easement Premises Areas;"and
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WHEREAS, The LIONS CLUB further desires to grant the VILLAGE a temporary
easement on the Lions Club Property,which easement area is legally described in EXHIBIT 4
attached hereto and by this reference incorporated herein (the "Temporary Construction
Easement Premises")in order to complete the necessary work on the Project.
NOW,THEREFORE,in consideration of the sum of Ten Dollars($10.00)and the mutual
covenants and agreements set forth herein and other good and valuable consideration provided
by the VILLAGE to the LIONS CLUB, the receipt and sufficiency of which are hereby
acknowledged,the parties thereto mutually agree as follows:
SECTION ONE: Recitals. That the recitals set forth above are incorporated herein and
made a part hereof as if set forth fully herein.
SECTION TWO:
A. Grant of Permanent Water Main Easements. The LIONS CLUB hereby grants
and conveys to the VILLAGE a perpetual,non-exclusive easement and right of way(the"Water
Main Easement')for the full and free right,privilege and authority of allowing the VILLAGE and
its agents, servants, employees, invitees, and contractors (collectively, "Village Agents") to
survey, construct, reconstruct, lay, use, own, operate, maintain, test, inspect, repair, replace,
enlarge,renew,alter,remove,or abandon in place a water main and all attachments,equipment,
and appurtenances incidental thereto (such water main and all attachments, equipment, and
appurtenances shall hereafter collectively be referred to as "Water Main Facilities") as the
VILLAGE may deem necessary or desirable for its needs (these activities shall hereinafter
collectively be referred to as (the "Water Main Easement Activities") in, upon, over, under,
through,along,across,and under the Water Main Easement Premises Area,subject to the terms
and conditions hereinafter set forth,together with all reasonable rights of ingress and egress over
the Lions Club Property to carry out the purposes of the Water Main Easement granted herein.
The easement granted over the Water Main Easement Premise Area granted herein is further
identified as the"Water Main Easement(WME)"on the Easement Exhibit attached at EXHIBIT 5
and by this reference incorporated herein.
B. Grant of Sidewalk Easement. The LIONS CLUB hereby grants and conveys to
the VILLAGE a perpetual,non-exclusive easement and right of way(the"Sidewalk Easement')
for the full and free right,privilege and authority of allowing the VILLAGE and its agents,servants,
employees, invitees, and contractors (collectively, "Village Agents") to survey, construct,
reconstruct,lay,use,own,operate,maintain,test,inspect,repair,replace,enlarge,renew,alter,
and remove a public use VILLAGE owned hard-surfaced sidewalk("Sidewalk")as the VILLAGE
may deem necessary or desirable for its needs(these activities shall hereinafter collectively be
referred to as(the"Sidewalk Easement Activities")in,upon,over,under,through,along,across,
and under the Sidewalk Easement Premises Area,subject to the terms and conditions hereinafter
set forth,together with all reasonable rights of ingress and egress over the Lions Club Property
to carry out the purposes of the Sidewalk Easement granted herein. The easement granted over
the Sidewalk Easement Premises Area granted herein is further identified on the Easement
Exhibit attached at EXHIBIT 5 and by this reference incorporated herein.
C. Grant of Temporary Construction Easement.The LIONS CLUB hereby further
grants and conveys to the VILLAGE a temporary construction easement (the "Temporary
Construction Easement') for the full and free right, privilege and authority to perform the
installation work,staging,equipment and materials storage, and similar activities relating to the
initial installation and/or construction of the Water Main Facilities and Sidewalk and any necessary
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restoration(collectively,the"Construction Worle')over,along,upon,and across the Temporary
Construction Easement Premises Area. The VILLAGE shall utilize the Temporary Easement
Premises Area in a manner so as to minimize any disruption and/or interference with the LIONS
CLUB's business operations on the Lions Club Property. The VILLAGE shall notify the LIONS
CLUB at least seven(7)days prior to beginning any Construction Work within the Permanent
Easement Premises Areas and/or the Temporary Construction Easement Premises Area and
shall thereafter complete the Construction Work within twelve (12) months unless otherwise
agreed to by the VILLAGE and the LIONS CLUB. Upon completion of the Construction Work,
the VILLAGE shall provide written notice to the LIONS CLUB(the"Completion Notice"). The
term of the Temporary Construction Easement shall commence upon recordation of this
Easement Agreement and terminate on the date of the Completion Notice. The easement over
the Temporary Construction Easement Premises Area granted herein is further identified as the
"Temporary Construction Easement(TCE)"on the Easement Exhibit attached at EXHIBIT 5 and
by this reference incorporated herein.
SECTION THREE: Installation and Maintenance. The VILLAGE agrees that it shall
cause any installation of the Water Main Facilities and Sidewalk and any Construction Work to
be done and completed in a good and workmanlike manner,free of any liens and in compliance
with all laws and regulations regarding the Water Main Facilities and Sidewalk,and thereafter the
VILLAGE shall maintain or cause the Water Main Facilities and Sidewalk to be maintained in
good order, condition and repair in compliance with all applicable laws and regulations at the
VILLAGE's sole cost. The VILLAGE shall be solely responsible for the transportation,
safekeeping, and storage of materials and equipment used in the exercise of the Water Main
Easement Activities and Sidewalk Easement Activities granted herein,for the removal of waste
and debris resulting therefrom,and for the prompt repair of any damage caused by the VILLAGE
and/or Village Agents to the Lions Club Property.
SECTION FOUR: Restoration. Upon completion of the Construction Work or the
exercise of any other Water Main Easement Activities and/or Sidewalk Easement Activities
(collectively referred to as"Easement Activities")by the VILLAGE and/or the Village Agents,the
VILLAGE agrees to promptly, and in no case within less than 30 days thereafter, repair and
restore any portion of the Lions Club Property which is disturbed or altered in any manner by such
Easement Activities(including the landscaping and surface of the ground above the same)to the
grade and condition it was in immediately prior to such Easement Activities, at the VILLAGE's
sole cost and expense. The foregoing notwithstanding,in the even that any repair or restoration
of landscaping cannot be completed within 30 days due to fall or winter weather,the VILLAGE
shall restore such landscaping as soon as practicable the following spring.
SECTION FIVE: Indemnification and Hold Harmless. The VILLAGE shall defend,
indemnify, keep and save harmless the LIONS CLUB against all injuries, deaths, losses,
damages, claims, liens, suits, liabilities, judgments, costs and expenses which may accrue
(including reasonable attorneys'fees and court costs),arising out of,or alleged to arise out of the
VILLAGE's performance of Water Main Easement Activities and Sidewalk Easement Activities
and/or use of the Permanent Easement Premises Areas or the Temporary Construction
Easement Premises Area and and/or other portion of the Lions Club Property under this
Agreement but only to the extent caused by the negligence and/or wrongful conduct of the
VILLAGE or any other party for whom the VILLAGE is responsible. The VILLAGE shall not be
obligated or responsible to indemnify,defend,and/or hold harmless the LIONS CLUB,or any third
party, from or against any injuries, deaths, losses, damages, claims, liens, suits, liabilities,
judgments,costs and/or expenses to the extent caused by the negligence or wrongful conduct of
the LIONS CLUB or any other party for whom the LIONS CLUB is responsible.
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SECTION SIX: Reservation of Riahts. The LIONS CLUB hereby reserves the right to
use the Permanent Easement Premises Areas in a manner that will not prevent or interfere in
any way with the exercise by the VILLAGE of the rights granted hereunder;provided,however,
that the LIONS CLUB shall not permanently or temporarily improve, disturb, damage, destroy,
injure, or obstruct the Permanent Easement Premises Areas, nor permit the Permanent
Easement Premises Areas to be permanently or temporarily improved, disturbed, damaged,
destroyed, injured, or obstructed, at any time whatsoever, without the express prior written
consent of the VILLAGE. The Water Main Easement and the Sidewalk Easement, and the
Temporary Construction Easement are and shall be expressly subject to any easements and
rights-of-way already existing as of the date hereof in, over, upon and across the Permanent
Easement Premises Areas and the Temporary Construction Easement Premises Area. The
LIONS CLUB shall have the right to grant other non-exclusive easements over,along, upon,or
across the Permanent Easement Premises Areas and the Temporary Construction Premises
Area; provided, however,that any other easements shall be subject to this Agreement and the
rights granted hereby;and provided further,however,that the VILLAGE shall have first consented
in writing to the terms,nature,and location of any other easements.The LIONS CLUB reserves
the right to promulgate reasonable rules and regulations regarding any access by the VILLAGE
in the exercise of its easement rights granted herein,and the VILLAGE and Village Agents shall
comply with the same.
SECTION SEVEN: Further Assurances. The LIONS CLUB hereby represents and
warrants that it shall take all necessary action so that the easements contemplated by this
Agreement shall be released from all liens,including but not limited to,the lien of all mortgages,
mechanics'lien claims,security agreements,assignments of rents and leases,and shall execute
all such documents as may be reasonably necessary to perfect the VILLAGE's right,title, and
interest herein. In the event the LIONS CLUB has a mortgage lien on the Lions Club Property,
the LIONS CLUB agrees to obtain its lender's written consent by having such lender execute the
Consent,Joinder and Subordination of Lender with respect to this Agreement and the easements
granted herein,which is attached hereto as EXHIBIT 6.
SECTION EIGHT: Covenants Runnina 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 Lions Club Property,and shall be
binding upon and inure to the benefit of the LIONS CLUB and the VILLAGE and their respective
heirs,executors,administrators,grantees,successors,assigns,agents,licensees,invitees,and
representatives, including,without limitation,all subsequent owners of the Lions Club Property,
or any portion thereof,and all persons claiming under them.
SECTION NINE: Notices. Any notice required or desired to be given under this
Agreement shall be deemed properly served if delivered in person to the party to whom it is
addressed or on the third(31)day after deposit in the U.S.Mail, registered or certified delivery,
return receipt requested,postage prepaid,and addressed as follows:
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If to the VILLAGE: Village of Oak Brook
1200 Oak Brook Road
Oak Brook,Illinois 60523
Attn: Village Administrator
If to the LIONS CLUB: International Association of Lions Clubs
300 W.22nd Street
Oak Brook,Illinois 60523-8842
SECTION TEN: Recording. Upon execution,this Agreement shall be recorded by the
VILLAGE with the DuPage County Recorder of Deeds.
SECTION ELEVEN: Amendment. This Agreement may be modified, amended, or
annulled only by the written agreement of the LIONS CLUB and the VILLAGE.
SECTION TWELVE: Counterparts. This Agreement may be executed in counterparts,
each of which shall be deemed to be an original and all of which shall together constitute one and
the same instrument.
SECTION THIRTEEN: Governing Law. The terms and provisions of this Agreement
shall be construed and enforced in accordance with the laws of the State of Illinois,without regard
to conflict of law principles.
SECTION FOURTEEN: Survival. All representations and warranties contained herein
(including in the Recitals and Exhibits) shall survive the execution of this Agreement and the
recordation thereof and shall not be merged.
[Continued on next page]
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IN WITNESS WHEREOF, the parties hereto have executed or have caused this
instrument to be executed by their proper officers duly authorized to execute.
VILLAGE OF OA OOK
Gopal G.Lalmalani,Village President
Date
ATTEST:
Charlotte K. Pruss,Village Clerk
Date: 2 %CJ 20
INTERNATIONAL ASSOCIATION OF LIONS CLUBS,
an Illinois not for profit corporation
By:
Autho ized Officer
Name: J.Frank Moore III
Title: _Executive Administrator&Secretary_
Date: May 27,2020
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STATE OF ILLINOIS )
) SS
COUNTY-QF DUPAGE )
I, — a Notary Public in and for said County, in the State
aforesaid,do hereby certify that GOPAL G. LALMALANI, as the Village President of the Village
of Oak Brook, and CHARLOTTE K. PRUSS, as the Village Clerk of the Village, and personally
known to me to be the same persons whose names are subscribed to the foregoing instrument,
appeared before me this day and acknowledged that as the Village President and the Village
Clerk of the Village of Oak Brook,they signed and delivered said instrument as their own free and
voluntary act and as the free and voluntary act of the Village of Oak Brook for the uses and
purposes therein set forth.
nd �-
Given under my hand and official seal this Qk day of '2020.
Notary Public
My commission expires: IC.ux- pp ,
(SEAL)
RANIA NASR-SERENCES
Official Seal
Notary Public-State of Illinois
My Commission Explres Aug 7,2023
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STATE OF ILLINOIS )
SS
COUNTY OF Wif )
I, �6n Q"n,.d 0,22k , a Notary Public in and for said County, in the State
aforesaid, d hereby certify that_J. Frank Moore III_, as the_Executive Administrator and
Secretary_of the INTERNATIONAL ASSOCIATION OF LIONS CLUBS,and personally known
to me to be the same person whose name ID subscribed to the foregoing instrument,appeared
before me this day and acknowledged that as the_Executive Administrator and Secretary_
of the INTERNATIONAL ASSOCIATION OF LIONS CLUBS,he or she signed and delivered said
instrument as his or her own free and voluntary act and as the free and voluntary act of the
INTERNATIONAL ASSOCIATION OF LIONS CLUBS for the uses and purposes therein set forth.
Given under my hand and official seal this 6�7 day of 12020.
Notary Public
My commission expires:� /-? o20-2-2
(SEAL) HYLA HOLMES CALLO
OFFICIAL SEAL
Notary Public.State of Illinois
V - My Commission Expires
May 13,2022
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EXHIBIT 1
LEGAL DESCRIPTION OF THE LIONS CLUB PROPERTY
LOT 4 IN BUTLER COMPANY'S M-1 INC.,ASSESMENT PLAT NO.4,BEING A SUBDIVISION
IN THAT PART OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED JULY 8, 1964 AS DOCUMENT NO.R64-24071 IN DUPAGE COUNTY,
ILLINOIS
Commonly known as 300 W.22nd Street,Oak Brook,DuPage County,Illinois;Permanent Index
Number 06-24-403-007-0000.
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EXHIBIT 2
LEGAL DESCRIPTION (WATER MAIN EASEMENT):
THAT PART OF LOT 4 IN BUTLER COMPANY'S M-1 INC., ASSESSMENT PLAT BEING A
DIVISION IN THAT PART OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JULY 8, 1964 AS DOCUMENT NO. R64-24071 IN DUPAGE COUNTY, ILLINOIS,
BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 4; THENCE SOUTHERLY ALONG THE
EAST LINE OF SAID LOT 4, ALSO BEING THE WEST RIGHT-OF-WAY LINE OF WINDSOR DRIVE,
HAVING AN ILLINOIS COORDINATE SYSTEM (EAST ZONE) GRID BEARING OF SOUTH 02
DEGREES 11 MINUTES 29 SECONDS EAST A DISTANCE OF 1.06 FEET TO A POINT ON A
1640.98 FOOT RADIUS CURVE, CONCAVE WESTERLY; THENCE SOUTHERLY ALONG SAID CURVE
AND EAST LINE 22.50 FEET (THE CHORD BEARS SOUTH 01 DEGREES 50 MINUTES 23 SECONDS
WEST, 22.50 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CURVE
AND EAST LINE 6.00 FEET(THE CHORD BEARS SOUTH 01 DEGREES 20 MINUTES 32 SECONDS
WEST, 6.00 FEET); THENCE SOUTH 88 DEGREES 45 MINUTES 45 SECONDS WEST, 3.00 FEET
TO A POINT ON A 1637.98 FOOT RADIUS CURVE, CONCAVE WESTERLY AND 3.00 FEET
WESTERLY OF AND PARALLEL WITH SAID EAST LINE OF LOT 4; THENCE NORTHERLY ALONG
SAID CURVE 5.99 FEET (THE CHORD BEARS NORTH 01 DEGREES 20 MINUTES 32 SECONDS
WEST, 5.99 FEET); THENCE NORTH 88 DEGREES 33 MINUTES 11 SECONDS EAST, 3.00 FEET
TO THE POINT OF BEGINNING.
10
EXHIBIT 3
LEGAL DESCRIPTION (10' SIDEWALK EASEMENT):
THAT PART OF LOT 4 IN BUTLER COMPANY'S M-1 INC., ASSESSMENT PLAT BEING A
DIVISION IN THAT PART OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 39 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF
RECORDED JULY 8, 1964 AS DOCUMENT NO. R64-24071 IN DUPAGE COUNTY, ILLINOIS,
BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 4; THENCE NORTHERLY ALONG THE
EAST LINE OF SAID LOT 4, ALSO BEING THE WEST RIGHT-OF-WAY LINE OF WINDSOR DRIVE,
HAVING AN ILLINOIS COORDINATE SYSTEM (EAST ZONE) GRID BEARING OF NORTH 02
DEGREES 14 MINUTES 22 SECONDS WEST A DISTANCE OF 257.40 FEET TO THE POINT OF
BEGINNING; THENCE SOUTH 07 DEGREES 26 MINUTES 26 SECONDS WEST, 151.63 FEET;
THENCE SOUTH 02 DEGREES 14 MINUTES 22 SECONDS EAST, 38.50 FEET; THENCE SOUTH
18 DEGREES 48 MINUTES 48 SECONDS WEST, 71.52 FEET TO A POINT ON THE NORTHWESTERLY
RIGHT-OF-WAY LINE OF SAID WINDSOR DRIVE AS ACQUIRED BY THE ILLINOIS DEPARTMENT
OF TRANSPORTATION BY DEED DOCUMENT NO. R96-154656, RECORDED SEPTEMBER 20, 1996;
THENCE SOUTH 52 DEGREES 27 MINUTES 36 SECONDS WEST, 4.68 FEET ALONG SAID
SOUTHWESTERLY RIGHT-OF-WAY LINE TO A POINT ON THE SOUTH LINE OF SAID LOT 4
(ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF 22ND STREET); THENCE SOUTH 87 DEGREES
44 MINUTES 16 SECONDS WEST, 7.94 FEET ALONG SAID SOUTH LINE; THENCE NORTH 18
DEGREES 48 MINUTES 48 SECONDS EAST, 76.42 FEET; THENCE NORTH 02 DEGREES 14
MINUTES 22 SECONDS WEST, 37.48 FEET; THENCE NORTH 07 DEGREES 26 MINUTES 26
SECONDS EAST, 156.30 FEET; THENCE NORTH 16 DEGREES 54 MINUTES 14 SECONDS EAST,
28.10 FEET TO A POINT ON SAID EAST LINE OF LOT 4; THENCE SOUTH 02 DEGREES 14
MINUTES 22 SECONDS EAST, 32.00 FEET TO THE POINT OF BEGINNING.
11
EXHIBIT 4
LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT):
THE EAST 15.00 FEET OF THE NORTH 17.00 FEET OF LOT 4 IN BUTLER COMPANY'S M-1
INC., ASSESSMENT PLAT BEING A DIVISION IN THAT PART OF THE SOUTHEAST QUARTER
OF SECTION 24, TOWNSHIP 39 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JULY 8, 1964 AS DOCUMENT NO. R64-24071
IN DUPAGE COUNTY, ILLINOIS, AND ALSO INCLUDING THE EAST 10.00 FEET OF SAID LOT
4, EXCEPTING THE NORTH 17.00 FEET AND THE SOUTH 95.00 FEET THEREOF.
12
EXHIBIT 5
EASEMENT EXHIBIT
(to be attached)
13
EXHIBIT 6
CONSENT, JOINDER AND SUBORDINATION OF LENDER
WITH RESPECT TO AGREEMENT AND GRANT OF EASEMENTS
("Joinder")
The undersigned, ("Lender") under that certain mortgage,
assignment of rents, security agreement and fixture filing dated
made by the INTERNATIONAL ASSOCIATION OF LIONS CLUBS, an Illinois not for profit
corporation, hereinbefore named, which mortgage was recorded on as
Document Number in the Recorder of Deeds Office of DuPage
County, Illinois (the "Mortgage") and the other ancillary documents executed therewith, including
but not limited to the promissory note (collectively the "Loan Documents"), for itself and its
successors and assigns of its interest under the Mortgage (i) consents to the execution of the
herein Easement Agreement and (ii) agrees that Lender's interest under the Mortgage and the
Mortgage itself, and the Loan Documents, are subject and subordinate to all of the terms,
covenants and provisions of the Easement Agreement to which this Joinder is attached.
The undersigned has executed this Joinder as of the day of 2020.
LENDER:
[INSERT LENDER NAME]
By:
Name:
Title:
STATE OF )
SS.
COUNTY OF )
I, , a Notary Public, in and for the County and State aforesaid,
DO HEREBY CERTIFY, that as the
[insert title] of
(the "Lender"), and personally known to me to be the same person whose name is subscribed to the
foregoing instrument, appeared before me this day in person and acknowledged that as the
[insert title] of the Lender, he or she signed and delivered the said instrument,
pursuant to authority given to him or her by the Lender, as his or her free and voluntary act, and as the
free and voluntary act and deed of the Lender, for the uses and purposes therein set forth.
Given under my hand and official seal, this day of , 2020.
Notary Public My Commission Expires
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