1982-05-03 - Resolution 1982-24 - APPROVING THE INTERGOVERNMENTA TRANSFER OF CERTAIN EASEMENT RIGHTS TO THE NORTHWEST WATER COMMISSIONi
RESOLUTION NO. 24
A RESOLUTION APPROVING THE
INTERGOVERNMENTAL TRANSFER
OF CERTAIN EASEMENT RIGHTS TO
THE NORTHWEST WATER COMMISSION
WHEREAS , the Northwest Water Commission ( "the
Commission" ) is a public corporation and Illinois water
commission organized for the public purpose of acquiring
and operating a common source of supply of water for its
member municipalities and other customers ; and
WHEREAS , the Village of Buffalo Grove ( "Buffalo
Grove" ) is an Illinois municipal corporation and a member
of the Commission; and
WHEREAS , Buffalo Grove owns water main easements
in, along and upon certain real estate hereinafter described;
• and
WHEREAS , the Commission desires that the corporate
authorities of Buffalo Grove grant, convey and assign such
rights in the aforesaid easements as are necessary and
sufficient to construct, install , operate, repair and main-
tain the Commission ' s water transmission main in, upon,
under, along and across the real estate hereinafter
described, pursuant to the authority conferred by "An Act
in relation to the transfer of interests in real estate
owned by units of local government or school districts , "
approved July 2 , i925 , as amended (Ill . Rev. Stat. ch. 30 ,
§156 et seq. ) ; and
\.1 - 2 - •
WHEREAS , the Commission has passed and approved
its Ordinance No. 82-4 , being "An Ordinance Requesting
the Intergovernmental Transfer of Certain Easement Rights
from the Village of Buffalo Grove, " dated April 21
1982, declaring that it will be necessary and convenient
for it to use and occupy the aforesaid easements owned by
Buffalo Grove for the public purpose of acquiring and
operating its common source of supply of water, and, in
particular, the construction, installation, operation,
repair and maintenance of a water transmission main; and
WHEREAS , the corporate authorities of the Village
of Buffalo Grove desire to grant, convey and assign to the
Commission rights in the aforesaid easements for such
public purpose.
NOW, THEREFORE, BE IT RESOLVED by the President
and Board of Trustees of the Village of Buffalo Grove,
Cook and Lake Counties, Illinois, as follows :
SECTION ONE: The President and Clerk of the
Village of Buffalo Grove be, and they are hereby, authorized
to execute and attest an "Assignment of Easement Rights"
assigning to the Commission easement rights necessary and
sufficient to construct, install, operate, repair and main-
tain its water transmission main in, under, along and
across the following described parcels of property:
3
TPP-19-A
(Anden)
Permanent Easement
That part of the Southeast Quarter of Section 33 ,
Township 43 North, Range 11 East of the Third
Principal Meridian in Lake County, Illinois, more
particularly described as follows: • The Westerly
20. 00 feet, as measured at right angles to the
Westerly line of the parcel described as Document
No. 1927167 and recorded 6/27/1978 , which lies
between the Southerly right-of-way line of Arm-
strong Drive as dedicated per Document No . 1862797
and the Northerly right-of-way line of Lake Cook
Road as dedicated per Document No. 21660896 (re- •
corded in Cook County) , in Lake County, Illinois .
Temporary Construction Easement
That part of the Southeast Quarter of Section 33 ,.
Township 43 North, Range 11 East of the Third
Principal Meridian, in Lake County, Illinois , more
particularly described as follows: The Easterly
13. 00 feet as measured at right angles to the
Easterly line of the parcel described as Document
No. 1927167 and recorded on 6/27/1978 and the
Westerly 7 . 00 feet, as measured at right angles
to the Westerly line, of a parcel described as
Document No. 1889683 - Parcel 1, (which lies
East of the Easterly line of said parcel described
as said Document No. 1927167) , both of which lie
between the Southerly right-of-way line of Arm-
strong Drive as dedicated per Document No. ' s
1862797 and 1954349 , and the Northerly right-
of-way line of Lake Cook Road as dedicated per
Document No. 21660896 , (recorded in Cook County) ,
in Lake County, Illinois.
- 4 -
TPP-19-B (1)
(Lake-Cook Road/East of Lexington)
That part of Section 3 , Township 42 North, Range 11
East of the Third Principal Meridian, in Cook
County, Illinois, being a strip of land 25 ' wide,
the centerline of which described as follows :
Commencing at the Northwest corner of said Section
3; thence North 90°-00 ' -00" East along the North
line of Section 3 being also the boundary line
between Lake and Cook Counties , a distance of
686 . 97 feet; thence South 00°-03 ' -22" East, a
distance of 25 . 50 feet to a place of beginning;
thence North 90°-00 ' -00" East, a distance of
686 . 73 feet to the terminus of said centerline
of easement.
TPP-19-B ( 2)
(Lake-Cook Road/West of Lexington)
The North 50 . 0 feet of the West 636 . 97 feet of
the Northwest quarter of Section 3 , Township 42
North, Range 11 East of the Third Principal
Meridian in Cook County, Illinois .
the form of said Assignment of Easement Rights being
attached hereto and by this reference incorporated herein
and made a part hereof.
SECTION TWO: This Resolution shall be in full
force and effect from and after its passage, by a favor-
able vote of two-thirds of the corporate authorities , and
approval in the manner provided by law.
- 5 - \ �
PASSED this 3rd day of May , 1982 .
AYES: Marienthal , Stone , O' Reilly, Hartstein , Gerschefske , Schwartz
NAYS : None
ABSENT: None
APPROVED this 3rd day of MaY , 1982 .
Te VT,
Pr sident Pea -men
ATTEST:
Clerk
TO: William R. Balling,
Village Manager
FROM: Gregory P. Boysen,
Director of Public Works
DATE: April 27, 1982
SUBJECT: NORTHWEST WATER COMMISSION
As you requested at the last Staff Meeting, I have attached a draft
resolution entitled, "A Resolution Approving the Intergovernmental
Transfer of Certain Easement Rights to the Northwest Water Commission".
The involved easement rights which are located in the Lexington
Industrial Development and the proposed Anden Multi-family Development
had originally been obtained by the Village for the use of the Northwest
Water Commission; and these documents have been designed to legally
provide for the Commmission to use the easements as originally intended
by the Village.
This resolution and the "Assignment of Easement Rights" document, which
is attached as part of the resolution, have been prepared by the attorney
for the Northwest Water Commission. These materials have been reviewed
by Bill Raysa and revised by the attorney for the Northwest Water
Commission to incorporate Bill Raysa's requested revisions.
I would recommend that the "Assignment of Easement Rights" be approved
through the adoption of the attached resolution by the Village Board at
their next regular meeting which is scheduled for Monday, May 3, 1982.
If you have any questions concerning this recommendation, let me know.
G'g 9 y Boyse
GPB:lc
attachments
copy to Richard K. Kuenkler, Village Engineer
• - TILL.A.G O �''` . t.TF�'.ALO GI,OVM
3 ast Maio - f01/49 nave, gas 60090
A'llia4n, gallvng $12-459-.2525
-a/aye onuznayex
Mr. James Holzwart
NORTHWEST WATER COMMISSION
200 E. Wood
Palatine, Illinois 60067 •
SUBJECT: Resolution 82-24 Approving Intergovernmental
Transfer Of Certain Easement Sites To The NWC
Dear Jim:
Attached please find Resolution 82-24 passed
unanimously by the Village Board on May 3 , 1982 which
transfers certain easement rights to the Northwest Water
Commission.
,_... F. i rely,
ti Al R. BALLING
Village Manager
WRB/em
attachment
cc: Susan Harmon
ASSIGNMENT
OF EASEMENT RIGHTS
THIS ASSIGNMENT OF EASEMENT RIGHTS, made this 3rd
day of May , 1982, by and between the VILLAGE OF BUFFALO
GROVE, an Illinois municipal corporation (hereinafter referred
to as "Buffalo Grove") and the NORTHWEST WATER COMMISSION, a
public corporation and Illinois water commission (hereinafter
referred to as the "Commission") ,
W I T N E S S E T H:
WHEREAS, the Commission is constructing a Lake Michigan
Water Supply System to serve as a common source of supply of
water for its member municipalities and other customers; and
WHEREAS, the Water Supply System includes a water
transmission main extending from the Commission's source of
supply in the City of Evanston to the receiving reservoirs of
its member municipalities; and
WHEREAS, Buffalo Grove is a member municipality of
the Commission; and
WHEREAS, Buffalo Grove owns an easement in, along and
upon certain real estate in which the aforesaid water transmis-
sion main is to be located, which real estate is legally described
in Exhibit A attached hereto and by this reference incorporated
herein and made a part hereof and which real estate shall be
hereinafter referred to as the "Easement Premises"; and
WHEREAS, the construction by the Commission of the
aforesaid water transmission main in the Easement Premises and
the use of said transmission main to supply water to Buffalo
Grove will eliminate or substantially reduce the need for Buffalo
Grove to itself construct a water main in the Easement Premises
and will otherwise serve to improve the Buffalo Grove water supply
system;
•
- 2 -
NOW, THEREFORE, in consideration of the foregoing and
for other good and valuable consideration the receipt of which
is hereby acknowledged, the parties hereto mutually agree as
follows:
1. Buffalo Grove hereby grants, conveys and assigns to
the Commission such• of its easement rights in the Easement
Premises as are necessary and sufficient to construct, install,
operate, repair and maintain the Commission's water transmission
main in, upon, under, along and across the Easement Premises.
2. The Commission agrees to restore the Easement Premises
to former condition if disturbed or altered- in any manner by
construction, installation, operation, repair or maintenance of
the water transmission main. Such restoration may include, but
not be limited to, recontouring, landscaping, or repaving, as
appropriate.
3. The Commission hereby recognizes the right of Buffalo
Grove and the fee owner to use the Easement Premises in any
manner that will not prevent or interfere with the exercise by
the Commission of the rights granted, conveyed and assigned here-
under; provided, however, that the water transmission main shall
not at any time be disturbed, damaged, destroyed, injured or
obstructed in any manner whatsoever without the express prior
written consent of the Commission, which consent shall not be
unreasonably withheld.
4. All rights, title and privileges herein granted, in-
cluding all benefits and burdens, shall run with the land and
be binding upon and inure to the benefit of the parties hereto
and their respective grantees, successors, assigns and legal
representatives.
- 3 -
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by their proper officers duly authorized
to execute the same.
VILLAGE OF BUFFALO GROVE
•
_ ATTEST:
NORTHWEST WATER COMMISSION
•
W(1lifirwiT, t,11 .
ATTEST: •
•
STATE OF ILLINOIS )
) SS
COUNTY OF COOK
I. , a Notary Public in and
for said County, in the State aforesaid, do hereby certify that
WILLIAM BALLING, personally known to me to be the Chairman- of
the Northwest Water Commission, a public corporation and water
commission under the laws of the State of Illinois, and JAMES
HOLZWART, personally known to me to be the Executive Director
•
of the said. Northwest Water Commission, and personally known to
me to be the same persons whose names are subscribed to the fore-
going instrument, appeared before me this day in person and
severally acknowledged that as such Chairman and Executive Di-
rector, they signed and delivered said instrument as Chairman
and Executive Director of the Northwest. Water Commission, as
.their free and voluntary act and as the free and voluntary act
of said Northwest Water Commission for the uses and purposes
therein set forth.
Given under my hand and official seal this day
of , 1982.
Notary Public
My Commission Expires:
STATE OF ILLINOIS ) •
) SS
COUNTY OF COOK )
I, oa,,,,X , . 41,4t4te„r ,,Z7l, a Notary Public in
and for said Count , in the State a oresaid, do hereby certify
that c 1 personally known to me to be the President
of the Board of Trustees of the Village of Buffalo Grove, an
Illinois municipal corporation, and ,2.1P,i5l,33(A-etizer�ri ,
personally known to me to be the Vi lage Clerk of said Village
of Buffalo Grove, and personally known to me to be the same -
persons whose names are subscribed to the foregoing instrument,
appeared before me this day in person and severally acknowledged
that as such Village President and Village Clerk, they signed
and delivered said instrument as Village President arid Village
Clerk of the Village of Buffalo Grove, pursuant to authority
given by the Board of Trustees of the Village of Buffalo Grove,
as their free and voluntary act and as the free and voluntary
act of said municipal corporation for the uses and purposes
•
therein set forth.
Given under my hand and official seal, the 51047day
of , 1982.
1X
gl!A4,6, r
Notar ublic
My Commission Expires:
`?11, .2 /v2 /98'6-
EXHIBIT A
(10
•
•
TPP-19-A
(Anden)
•
Permanent Easement
That part of the Southeast Quarter of Section 33,
Township 43 North, Range '11 East of the Third
Principal Meridian in Lake County, Illinois , more
particularly described as follows : The Westerly
20 . 00 feet, as measured at right angles to the
Westerly line of the parcel described as Document
No. 1927167 and recorded 6/27/1978 , which lies
between the Southerly right-of-way line of Arm-
'strong Drive as dedicated per Document No . 1862797
and the Northerly right-of-way line of Lake Cook
Road as dedicated per Document No . 21660896 (re-
corded in Cook County) , in Lake County, Illinois,
Temporary Construction Easement •
That part of the Southeast Quarter of Section 33 ,
Township 43 North, Range 11 East of the Third
Principal Meridian, in Lake County, Illinois , more
particularly described as follows: The Easterly
13. 00 feet as measured at right angles to the
Easterly line of the parcel described as Document
No. 1927167 and recorded on 6/27/1978 and the
Westerly 7 . 00 feet, as measured at right angles
• to the Westerly line, of a parcel described as •
Document No. 1889683 - Parcel 1, (which lies
East of the Easterly line of said parcel described
as said Document No. 1927167) , both of which lie
between the Southerly right-of-way line of Arm-
strong Drive as dedicated per Document No. ' s
• 1862797 and 1954349 , and the Northerly right-
of-way line of Lake Cook Road as dedicated per
Document No. 21660896 , (recorded in Cook County) ,
in Lake County, Illinois .
9
EXHIBIT A (p. 2
430•
TPP-19-B (1)
(Lake-Cook Road/East of Lexington)
That part of Section 3, Township 42 North, Range 11
East of the Third Principal Meridian, in Cook
County, Illinois, being a strip of land 25 ' wide,
the centerline of which described as follows :
Commencing at the Northwest corner of said Section
3; thence North 90°-00 ' -00" East along the North
line of Section 3 being also the boundary line
between Lake and Cook Cbunties , a distance of
686. 97 feet; thence South 00°-03 ' -22" East, a
distance of 25 . 50 feet to a place of beginning;
thence North 90°-00 '-00" East, a distance of
686. 73 feet to the terminus of said centerline
of easement.
•
•
•
•
•
•
•
1 •
11�
att
4
EXHIBIT A (p .
TPP-19-B (Z)
(Lake-Cook Road/West of Lexington)
The North 50 . 0 feet of the West 636 . 97 feet of
the Northwest quarter of Section 3, Township 42
North, Range 11 East of the Third Principal
} Meridian in Cook County, Illinois .
3 -
TPP-19-A • •
1 • - • (linden) •
I . _
1
Permanent Easement
That part of the Southeast Quarter of Section 33 ,
Township 43 North, Range 11 East of the Third
g • Principal Meridian in Lake County, Illinois , more .
( particularly described as follows : •. The Westerly
20. 00' feet, . as measured at right angles to the
4 . Westerly line of the parcel described as Document
No. 1927167 and recorded 6/27/1978 , which lies
between the Southerly right-of-way line of Arm-
1 • . strong Drive as dedicated per Documentocuent No . 1862797
1 and the Northerly right-of-way line of Lake Cook .
Road as dedicated per Document No . 21660896 (re-- •
corded in Cook County) , in Lake County, Illinois .
Temporary Construction Easement
That part of the Southeast Quarter of Section 33 ,. .
Township 43 North, Range 11 East of the Third •
Principal Meridian, in Lake County, Illinois , more
particularly described as follows: The Easterly • .
13. 00 feet as measured at right angles to the
Easterly line of the parcel described as Document
No. 1927167 and recorded on 6/27/1978 and the
Westerly 7 . 00 feet, as measured at right angles
• to the Westerly line, of a parcel described as
Document No. 1889683 - Parcel 1, (which lies •
East of the Easterly line of said parcel described
as said Document No. 1927167) , both of which lie
4 ' between the Southerly right-of-way line of Arm-
I strong Drive as dedicated per Document No. ' s
j 1862797 and 1954349 , and the Northerly right-
of-way line of Lake Cook Road as dedicated per
Document No. 21660896 , (recorded in Cook County) , .
in Lake . County, Illinois.
1
•
• .
.
1 • •
1
f
• .•. . 1 .
- 4 -
• TPP-19-B (1)
1
(Lake-Cook Road/East of Lexington)
( That part of Section 3 , Township 42 North, Range I1
East of the Third Principal Meridian, in Cook
i County, Illinois, being a strip of land 25 ' wide,
the centerline of which described as follows :
i1 .
Commencing at the Northwest corner of said Section
3; thence North 90°-00 '-0•0" East along the North
i line of Section 3 being also the boundary line
between Lake and Cook Counties , a distance of
686 . 97 feet; thence South 00°-03 ' -22" East, a
distance of 25 . 50 feet to a place of beginning;
thence North 90°-00 ' -00" East, a distance of
i
686. 73 feet to the terminus of said centerline
of easement.
TPP-19-B ( 2)
(Lake-Cook Road/West of Lexington)
The North 50 . 0 feet of the West 636 . 97 feet of
the Northwest quarter of Section 3 , Township 42
North, Range 11 East of the Third Principal
Meridian in Cook County, Illinois .
the form of said Assignment of Easement Rights being
I attached hereto and by this reference incorporated herein
and made a part hereof.
•
1 SECTION TWO: This Resolution shall be in full
i
force and effect from and after its passage, by a favor-
able vote of two-thirds of the corporate authorities , and ,
A
approval in the manner provided by law.
i
) •
•
- 5 -
• •PASSED this 3rd day of May , 1982 .
ti
AYES: Marienthal, Stone , O'Reilly, Hartstein , Gerschefske, Schwart.
NAYS: None
ABSENT: None
APPROVED this 3rd day of MaY , 1982 .
/ v
Pr/sident j'eo ff
ATTEST:
•
•
Lin .
Clerk t11
•
•
•