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HomeMy Public PortalAboutResolution 11531 ~ ~ ~ ~ " Y Pl~r~ .Ann St!~k~l l I~~f~~ ~i i I C~~t~r~t~+ ~~~c r d~ r 1 ~ ~ 19 3K~ ~~~: 3~.~G R 9~I051b~ P~,~~ 1 of ~' RESOLUTION NO.~~~ . A RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT OF EASEMENTS BETWEEN FRANCIS REIBEL, GRANTOR AND THE VILLAGE OF PLAINFIELD, GRANTEE. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, AS FOLLOWS: I: That the Village President is hereby authorized to execute and the Village Clerk is hereby authorized to attest to the execution of a Grant of Easements, attached as Exhibit A, with Francis Reibel. PIN 1~s 01-28-400-003 & 01-28-400-004 & 01-33-200-003 PASSED THIS 4 DAY OF November , 1996. VILLAGE C RK APPROVED THIS 4 DAY OF November1996. PRESIDENT PREPARED BY/RETURN T0: VILLAGE OF PLATNFTELD 23145 W. LINCOLN HIGHWAY PLAINFIELD, TL 60544 UJ ~~ ~~~- GRANT OF EASEMENT ~$~~ ~~4 , October 30, 1996 This Grant of Easement (hereafter referred to as the "AGREEMENT") is made and entered into this ~ day of Na v . 1996, by and between ~~a s (hereafter referred to as the "GRANTOR") and the VILLAGE OF PLAINFIELD, Will County, Illinois (hereafter referred to as the "VILLAGE". WITNESSETH WHEREAS, the GRANTOR are the owners of a certain parcel of PROPERTY in Will County, Illinois, legally described on Exhibit B, attached hereto and made a part hereof (hereafter referred to as the "Property"); and WHEREAS, the VILLAGE desires to construct certain underground ,SANITARY SEWER LINES (INCLUDING FORCED-MAIN (S)) AND VILLAGE WATER LINES in phe area of GRANTOR PROPERTY, legally described in Section Eight of this agreement and (hereafter referred to as the "Easement PREMISES"), and WHEREAS, after the VILLAGE has completed the construction of the SANITARY SEWER LINES (INCLUDING FORCED-MAIN(S)) AND VILLAGE WATER LINES; and same have been accepted and placed in service by the VILLAGE, said "LINES" shall be deemed the PROPERTY of the VILLAGE; NOW, THEREFORE, in consideration of the foregoing The Owner's shall receive compensation in the amount of $66,000 for consideration of easements granted for extension of Village Utilities along the subject property. If at any time prior to August 1, 2002, the Illinois Department of Transportation seeks to condemn additional right-of--way to widen Illinois Route 59, and the property that they acquire by condemnation or threat thereof included the same land which is the subject of this Grant of Easement, Francis Reibel hereby agrees that the funds paid to him by Illinois Department of Transportation for right-of--way over the land which is the subject of this Grant of Easement, after payment of his attorney's fees and other out-of-pocket legal casts, shall be repaid to the Village of Plainfield, without interest, up to the sum of $66,000.00. If Mr. Reibel receives a net amount in excess of $66,000, he shall be entitled to retain the excess. If Mr. Reibel receives a net amount less than $66,000, the entire net proceeds shall be paid over to the Village of Plainfield ,and he shall have no further obligation for repayment. If no IDOT right-of-way acquisition condemnation proceeding are commenced by August 1, 2002, then Francis Reibel shall have no obligation to reimburse the Village of Plainfield for any portion of the $66,000. Paid for the Grant of Easement, even if he is paid by IDOT for aright-of-way acquisition condemnation filed after August 1, 2002. The receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. n r r t r n The Provisions of the aforestated recital paragraphs are by this reference herein incorporated as if they had been set forth in the text of this AGREEMENT. -~'~' f~ ~ C~ ~ 4 ~~ 2, f m n Subject to the terms of this AGREEMENT and to all matters and conditions of record, GRANTOR hereby grant, give and convey to the VILLAGE, its successors and assigns for the purposes herein stated and for no other purpose, anon-exclusive right-of-way and easement far the purpose of laying, installing, constructing, maintaining and repairing underground SANITARY SEWER LINES(includingfnrced main(s)) and VILLAGE WATER LINES (hereinafter collectively referred to as UTILITY LINES and related fixtures and appurtenances thereto, through and across the EASEMENT PREMISES, together with the right, permission and authority to enter upon such, portions of the EASEMENTS PREMISES as may be reasonably necessary for the purpose of installing and maintaining such underground facilities and exercising the rights and performing the obligations of VILLAGE in accordance with the terms of this AGREEMENT and in compliance with all applicable laws. 3. n n n n It is expressly understood and agreed by the parties hereto that the initial construction and operation of the underground UTILITY LINES shall be the sole responsibility fo the VILLAGE. Upon completion of any work in the EASEMENT PREMISES, VILLAGE shall restore the PREMISES to the same condition existing immediately prior to the work, at VILLAGE'S sale cost and expanse. Upon completion of the construction of the UTILITY LINES and their acceptance by the VILLAGE, the VILLAGE shall thereafter be responsible for the maintenance and operation of the UTILITY LINES. 4. Covenants of GRANTOI?,,. The GRANTOR covenant and agree that no building or structure shall be erected or constructed on the FASTNESS PREMISES without GRANTEE'S written consent. GRANTOR'S shall be permitted the use of the EASEMENT PREMISES including but not limited to farming thereon at no coat tv GRANTOR. The cost of construction and all liability associated with the construction and improvements of the UTILITY LINE shall be the responsibility of the VILLAGE. 5. v n n ' h n All provisions of this AGREEMENT, including the benefits and burdens, shall run with the land and are binding upon and inure to the benefit of all parties having or acquiring any right, title or interest in or to any portion of or interest or estate in the EASEMENT PREMISES. 6. Release of Claims; Indemnity VILLAGE shall indemnify, defend and hold the GRANTOR harmless from any loss, cost, attorney's fees, expense or damage, including all loss of life, injury to persons or damage to PROPERTY (wherever such PROPERTY may be located) that may be sustained in connection with or arising from the construction of the UTILITY LINES project and on the EASEMENT PREMISES by VILLAGE, its agents, employees and contractors. VILLAGE hereby releases the GRANTOR from any and all liability, loss claims, demands, liens, damages, penalty, fines, interest, costs and expenses (including, without imitation, reasonable attorneys' fees and litigation costs incurred by the GRANTOR in connection therewith) and for damage that may arise from the construction project on the EASEMENT PREMISES by GRANTOR from any and all damage to the UTILITY LINES caused by normal farming operations on the PROPERTY or on the EASEMENT PREMISES. 7. Cov Hants of VILLAGE VILLAGE covenants and agrees to restore, at its sole cost and expense, the EASEMENT PREMISES, the PROPERTY and all adjacent areas to their original condition immediately preceding the commencement of the work performed by VILLAGE thereon in accordance with the terms of this AGREEMENT. Prior to construction and installation of the liens, VILLAGE shall strip and separate the tap soil and black dirt and stockpile them separately from the underlying ground. After lines are installed, the gravel shall be replaced first and then the tap sail shall be replaced to insure that gravel is not mixed with the black dirt and top soil, and the final elevation and grade shall be the same as that which existed prior to installation. 8. m m~ The easement premises for temporary construction and permanent and perpetual easements shall be granted on the following described Premises: parcel one. A permanent sewer and water easement described as the east 68 feet of the east half of the northeast quarter of Section 33, Township 37 North, Range 9 East of the third principle meridian, in Will County, Illinois: and a temporary sewer and water construction easement described and the east 88 feet of the east half of the northeast quarter of Section 33, Township 37 North, Range 9 East of the third principle meridian, in Will County, Illinois. P r w A permanent sewer and water easement described as the east 68 feet of the southeast quarter of the southeast quarter of Section 28, Township 37 North, Range 9 East of the third principle meridian, in Will County, Illinois: and a temporary sewer and water construction easement described as the east 88 feet of the southeast quarter of the southeast quarter of Section 28, Township 37 North, Range 9 East of the third principle meridian, in Will County, Illinois. Notwithstanding the widths of the temporary and permanent construction easements created herein, nothing in this agreement shall give anyone, including the Village of Plainfield to work to be present within ten feet of any structure now existing on Exhibit B. 9. in ti n r m n The term of the construction easement granted herein shall end upon completion of the UTILITY LINE. 10. m n L The Village will compensate the GRANTOR for the loss of income from crop land removed from farming production as a result of the grant of this easement. Damages per acre will be computed on an assumed yield of 150 bushels of corn multiplied by the closing price of cash corn at the Ty-Walk Elevator at Shorewood, Illinois, on November 1st of the years(s) for which the crop income was lost. 11. No Lien GRANTEE shall not permit any lien to stand against the EASEMENT PREMISES, the PROPERTY or any improvements thereon for any labor or materials in connection with work of any character performed or claimed to have been performed on the EASEMENT PREMISES or the PROPERTY at the direction or sufferance of the GRANTEE, its agents, employees ro contractors. 12. Notices. All notices and other communications given pursuant to this AGREEMENT shall be in writing and shall be deemed properly served if delivered on the first day following delivery to an overnight courier service or on the third day after deposit in the U.S. Mail as registered or certified mail, return receipt requested, postage prepaid, as follows: If to GRANTOR: Mr. Francis Reibel .24011 W. 127th Street Plainfield, IL. 60544 Joseph J. Tryner Attorney at Law 101 Fulton Street P.O. Box 279 Wilmington IL. 60481 If to VILLAGE: John P. McDonald Village Administrator 23145 W. Lincoln Highway Plainfield IL. 60544 y James Harvey Village Attorney 2455 Glenwood Ave Joliet IL. 60435 Addresses and addresses may be changed by the parties by written notice given in accordance with the provisions hereof. 13. A The rights, benefits, duties and obligations contained herein, and the provisions hereof shall be binding upon and inure to the benefit of each GRANTOR. GRANTEE and their respective legal representatives, successors and assigns. 14 t .The VILLAGE shall be entitled to recapture and recover from the GRANTOR, its successors and assigns a fair and reasonable amount for the cost of the water and sewer improvements at the time the GRANTOR develops any portion of the property as described in exhibit "B". 15. Insurance. Prior to construction, GRANTEE shall obtain and deliver to GRANTOR certificates of Insurance for policies of liability and workman's compensation insurance naming GRANTOR as additional insured. Such policies shall be issued by such companies and in such amounts as are acceptable to GRANTOR. 16. E~,gjneerin~ The final engineering drawings for the UTILITY LINES shall be approved by the GRANTOR and the VILLAGE engineers prior to the construction by the GRANTEE. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their proper officers duly authorized to execute same, the day and year first above written. GRANTOR: GRANTEE: BY: VILLAGE OF P INFIELD r--w-- ~,. V LLAGE President ATTEST: .~~.;,E ~ '~ ~ „ ~~ ~, ~~ VILLAGE Clerk. -- `~ ~ti ~ , - ~.: ~~ ~~'~~ ti' ~~ STATE OF ILLINOIS COUNTY OF WILL I the Undersigned, a Notary Public in and for said County, in the state aforesaid, DO HEREBY CERTIFY, that ~Rt~Ne! s ~ QE//3EL personally known to me be the same person whose name is subscribed to the foregoing instrument appeared before me this day in person and acknowledge that ~ signed, sealed and delivered the said instrument as ~%s free and voluntary act, for the uses and purposes therein set forth. Given under my hand and notarial seal this 3a~day of ocT: , 1996. "OFFICIAL SEAL" WILLIAM A. FRANCIS N NOTARY PUBLIC, STATE OF ILLINOIS STATE OF ILLIN015 ) MY COMMI551pN EXPIRES 10/4/95 )SS COUNTY OF WILL ) Public I, the Undersigned, a Notary Public in and for said County, in the state aforesaid, DO HEREBY CERTIFY , that~~ , ~ersdc.) ~ v~ ~+ ~ ~.J ~ ~ r,K - personal ly known to me to be the same persomwhose name is subscribed to the foregoing instrument appeared before me this day in person and acknowledged that 7_ ~~ signed, sealed and delivered the said instrument as ~.i r. -free and voluntary act ,for the uses and purposes therein set forth ~ Given under my hand and notarial seal this ~~ day of ~ .,• - 1996. C~. ~-~ Notary Public ~FFII~~AL SEAL MAUI~~IU L. ©ONNELLY NOTARY i'U91.IC, STATE OF ILLINOIS f1~FY COMNIISSIOAi E7tf'l~iEB:03l16/'8Y "~~^AAHA1rVyrr EXHIBIT B THE NORTHEAST QUARTER (NE1/4) OF SECTION THIRTY THREE (33) IN TOWNSHIP THIRTY-SEVEN (37) NORTH AND IN RANGE NINE (9) EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THE WEST THREE HUNDRED THIRTY (330) FEET OF THE SOUTH SIX HUNDRED SEVENTY (~70) FEET OF SAID QUARTER. THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION TWENTY-EIGHT (2$) IN TOWNSHIP THIRTY SEVEN (37) NORTH AND IN RANGE (9) EAST OF THE THIRD PRINCIPAL MERIDIAN. w 4 Q C,~ c,a