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Home My Public Portal AboutResolution 1115RESOLUTION NO. 1115 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE A GRANT OF EASEMENT/RECAPTURE AGREEMENT BETWEEN OLIVE F. MCMICKEN, VILLAGE OF PLAINFIELD AND WALKER'S GROVE PARTNERS. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, AS FOLLOWS: I: That the Village President and Village Clerk are hereby authorized to execute a Grant of Easement/Recapture Agreement, between OLIVE F . MCMICKEN, Village of Plainfield, anal Walker' s Grove Partners. PASSED THIS 17 DAY OF July APPROVED THIS 17 DAY OF July 1a,TTEST ~~ VILLAGE CTS RK 1995. 'VILLAGE CLE ,1995. RESIDENT ~, ~. w T E E E R M T This Grant of Easement and Recapture Agreement (hereafter referred to as the "AGREEMENT") is made and entered into this 16th day of May, 1995, by and between OLIVE F. MCMICKEN, a widow and not (hereafter referred to as the "GRANTOR") and the VILLAGE OF PLAINFIELD, Will County, Illinois (hereafter referred to as the "VILLAGE") and WALKER'S GROVE PARTNERS, by JOHN ALAN FRY, general partner, and RUSSELL R. BREITWEISER, individually, and HARRIS BANKINAPERVILLE, not individually, but as Trustee under Trust Agreement dated October 18, 1988, and known as Trust No. S 130, and I'IRST MIDWEST TRUST COMPANY, not individually, but as Trustee under Trust Agreement dated September 29, 1988, and known as Trust No: S 181 (hereafter collectively referred to as the "GRANTEE") WITNESSETH WHEREAS, the GRANTOR aze the owners of a certain parcel of PROPERTY in Will County, II- linois, legally described on "Exhibit A, attached hereto and made a part hereof (hereafter referred to as the ''Property"); and WHEREAS, the GRANTEE desires to construct certain underground UTILITY LINES, and appurtenances thereto (hereafter referred to as "THE UTILITY LINES"); in the area of GRANTOR PROPERTY, legally described on "Exhibit B", attached hereto and made a part hereof (hereafter referred to as the "EASEMENT PREMISES"), and WHEREAS, after the GRANTEE has completed the construction of the UTILITY 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 sum of One and 00/100 Dollars ($1.00), the mutual covenants and AGREEMENTS of the parties hereto, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. R ita nc o ted R ere ce. 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. 2. ran f ase ent. Subject to the terms of this AGREEMENT and to all matters and conditions of record, GRANTOR hereby grant, give, and convey to GRANTEE, its successors and assigns, and to the VILLAGE, far the purposes herein stated and for no other purpose, anon-exclusive right-of--way and easement for the purpose of laying, installing, constructing, maintaining and repairing underground 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 GRANTEE in accordance with the terms of this AGREEMENT and in compliance with all applicable laws. 3. rati nance. 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 of the GRANTEE. Upon completion of any work in the EASEMENT PREMISES, GRANTEE shall restore the PREMISES to the same condition existing immediately prior to the work, all at GRANTEE'S sole cost and expense. 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. ~ovenants_~f GRANTOR. The GRANTOR covenant and agree that no building or structure shall be erected or constructed on the EASEMENT 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 cost to GRANTOR. The cost of construction and all liability associated with the construction and improvements of the UTILITY LINE shall be the responsibility of the GRANTEE until such time as the UTILITY LINES are accepted by the VILLAGE entitled to said LINES passed to the VILLAGE by GRANTEE'S delivery of a Bill of Sale. 5. Covenants _un with Land. 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 ar interest or estate in the EASEMENT PREMISES. 6. Release of_Claims: Indemnity. GRANTEE 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 maybe sustained in connection with or arising from the construction of the UTILITY LINES project and on the EASEMENT PREMISES by GRANTEE, its agents, employees and contractors. GRANTEE hereby releases the GRANTOR from any and all liability, loss claims, demands, liens, damages, penalty, fines, interest, costs and expenses (including, without limitation, 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 GRANTEE. Without limiting the generality of the foregoing, GRANTEE specifically releases the GRANTOR from any and all damage to the UTILITY LINES caused by normal farming operations on the PROPERTY or an the EASEMENT PREMISES. 7. ven f NTE .GRANTEE covenants and agrees to restore, at its sole cast and expense, the EASEMENT PREMISES, the PROPERTY and all adjacent areas to their original condition immediately preceding the commencement of the work performed by GRANTEE thereon in accordance with the terms of this AGREEMENT. Prior to construction and installation of the lines, GRANTEE shall strip and separate the top 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 top soil 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. ~~~~. ~f Easement. The grant of easements created herein shall consist of a permanent easement and a temporary construction easement lying adjacent to the permanent easement, each of which are shown and depicted on Plat of Easement dated May 26, 1994, prepared by Roake and Associates (attached hereto as "Exhibit C" and incozporated by reference herein). 9. ~,'.ermination of Construction Easem~~t. The term of the construction easement granted herein shall end upon completion of the UTILITY LINE. 10. No Lied. GRANTEE shall not pernut 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, ernplayees or contractors. 11. N_ otice~. 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 ar certified mail, return receipt requested, postage prepaid, as follows: If to GRANTOR: C/O William C. Washburn, Jr 168 North Ottawa Street Joliet, IL 60431 If to GRANTEE: Alan Fry C/O John Fry Realtor P.O. Box 2075 Naperville, IL 60567 If to VILLAGE: John E. Peterson Village President 1400 N. Division Street Plainfield, IL 60544 Addressees and addresses may be changed by the parties by written notice given in accordance with the provisions hereof 12. Successors_and~ssi_g_n_s. 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. 13. Acceutance by VILLAGE. The parties acknowledge that the UTILITY LINES, once completed by the GRANTEE and accepted by the VILLAGE as fully placed in service, shall thereafter become the responsibility of the VILLAGE for purposes of maintenance and operation of the UTILITY LINES. GRANTEE'S obligations under this AGREEMENT shall terminate after the UTILITY LINES have been placed in service and accepted by the VILLAGE. 14. Recautu~,~ c...zf Costs. The GRANTEE shall be entitled to recapture and recover from the GRANTOR, its successors and assigns such amounts as set forth in the amended annexation agreement, dated November 8, 1993, between the VILLAGE and GRANTEE, recorded as Document No. R93-109209, and recorded on the date of December 7, 1993 with the Will County Recorder of Deeds. RIDER ATTACHED AND 11~IADE A PART OF AGREEMENT DATED May 16, 1995 This instrument is executed by FIRST MIDWEST TRUST COMPANY, National Association, not personally but solely as Trustee under trust No. 5828, in the exercise of the power and authority conferred upon and vested in it as such Trustee. All the terms, provisions, stipulations, covenants and conditions to be performed by FIRST MIDWEST TRUST COMPANY, National Association, are undertaken by it salely as Trustee, as afaresaid, and not individually, and all statements herein made are made on information and belief and are to be construed accordingly, and no personal liability shall be asserted or be enforceable against FIRST MIDWEST TRUST COMPANY, National Association, by reason of .any of the terms, provisions, stipulations, covenants and/or statements contained in this instrument. In witness whereof, the undersigned corporation, not personally but as trustee as aforesaid, has caused these presents to be signed by its Trust Officer and its corporate seal to be hereunto affixed and attested by its Trust Officer this 21st day of July, 1995. First Midwest Trust Company, N. A. as Trustee as aforesaid and not personably;, E ~~ By: - - ~ Trust Officer ~~: ~~..: r ,, Attest: ~` ,,~`, I`\`~. Trust Officer ~` STATE OF ILLINOIS, COUNTY OF WILL ss: I, the Undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Judith M. Holmes, Trust Officer of FIRST MIDWEST TRUST COMPANY, National Association, and Corinne Carbery, the attesting Trust Officer thereof, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Trust Officer and the attesting Trust Officer respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary act of said Trust Company, for the uses and purposes therein set forth; and the said attesting Trust Officer did also then and there acknowledge that he as custodian of the corporate seal of said Trust Company, did affix the said corporate seal of said Trust Company instrument as his own free and voluntary act, and as the free and voluntary act of said Trust Company for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this 21st day of July, 1995 . "OFFICIAL SEAL" Gayl L. Schmidt f~Jotary Public, State of Illinois i~iy Commission Expires 6-497 NOTARY PUBLIC 1 S. ~,g~rance. 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. Engineering. The final engineering drawings for the UTILITY LINES shall be approved by the GRANTOR engineer 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: VILLAGE OF P INFIELD d ~ ~~~~ Olive F. McMicken V LAGE President ~ \, •. ~ ~ ! 1 ATTE T: VILLAGE Clerk GR.A.NTE~E: WALKER' ROVE PARTNERS BY: ~ ~f / ~ ~ /1ti ~is o Alan Fry, G eral Partner ~~// ~ c.~ ~L ssell Breitw~ser, individually /~ Agreement FIRST MIDWEST TRUST COMPANY, not individually, but as Trustee under Trust Agreement dated September 29, 198$, and known as Trust No. 1 BY: Trustee W:\WC W\ESTATEUvICMiCKEMEASFML•NT.AG[t `` STATE OF ILLINOIS ) ss COUNTY OF WILL ) I, the Undersigned, a Notary Public in and for said County, in the state aforesaid, DO HEREBY CERTIFY THAT J~ . `c. 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 -.SfN~ signed, sealed and delivered the said instrument as _ _~r~ R.-_ free and voluntary act, for the uses and purposes therein set forth. Given under my hand and notarial seal this ~ Day of ~~~ ~ 1995. ,~D~~ICIAI- ~EA~'' 1 W s~a ~nf p no 5R VVII-~IAM~ blic 1216197 My Commission expires STATE OF ILLINOIS ) ) S5 COUNTY OF WILL ) .,..~L ~ A G r ' (Seal) Notary Public I, the Undersigned, a Notary Public in and fox said County, in the state aforesaid, DO HEREBY CERTIFY THAT ~7-o h ~~'~.f~e r s ~.c~ _ ---_-'~ ,~ ~s ~us ~ ~ 5,~r-,y~ I~ 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 ~ signed, sealed and delivered the said instrument as +~~-~ ~- free and voluntary act, for the uses d purposes therein set forth. Given under my hand and natarial seal this a.S Day of -~ ~ I ~_,~___1995. (Seal) Notary Public OFFICIAL SEAL MAUR~EN L DONNELLY IVpTARY PUBLIC, STATE ~F ILLfN015 MY CQM-uilSSIQN EXPIRES:03/15/9D 'v'~'e~+.fi~en. . i. EXHIBIT A LEGAL DESCRIPTION FOR OLIVE F. MCMICKEN PROPERTY SUBJECT TO GRANT OF EASEMENT DATED MAY 16, 1995 THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPTING TI~EREFROM THAT PART DESCRIBED AS COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER; THENCE NORTH 89 DEGREES 36 MINiJTES 41 SECONDS WEST, ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, 1470.85 FEET, TO THE POINT OF BEGINNING; THENCE SOUTH 0 DEGREES 04 MINUTES 11 SECONDS EAST, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER 415.86 FEET, TO THE SOUTH LINE OF THE NORTH 415.84 FEET OF SAID NORTHWEST QUARTER; TI~ENCE NORTH 89 DEGREES 36 MINUTES 41 SECONDS WEST, PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER, 517.24 FEET; THENCE NORTH 1 DEGREE 51 MINUTES 46 SECONDS WEST, 416.16 FEET, TO A POINT ON THE NORTH LINE OF SAID NORTHWEST CORNER WHICH IS 530.27 FEET WEST OF THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 36 MINUTES 41 SECONDS EAST, ALONG SAID NORTH LINE, 530.27 FEET, TO THE POINT OF BEGINNING, ALL IN WILL COUNTY, ILLINOIS. P.I.N. 03-05-100-001 (Affects this and other property) Commonly known as 1926 West 135th Street, Plainfield, IL 60544