2017-1103/07/2017
RESOLUTION NO. 2017 - 11
A RESOLUTION APPROVING AGREEMENTS GRANTING WATERLINE
EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT
TO NORTHWEST WATER COMMISSION
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, the Village desires to approve the Grant of Waterline Easement Agreement
(Exhibit A hereto) and the Temporary Construction Easement Agreement (Exhibit B hereto) with
the Northwest Water Commission.
NOW THEREFORE BE IT RESOLVED BY THE PRESIDENT AND
BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND
LAKE COUNTIES, ILLINOIS, that the Village President and Village Clerk are hereby
authorized and directed to execute the attached Grant of Waterline Easement Agreement (Exhibit
A hereto) and the Temporary Construction Easement Agreement (Exhibit B hereto) with the
Northwest Water Commission.
AYES: 4 — Bennan, Trilling, Stein, Weidenfeld
NAYES: 0 - None
ABSENT: 2 — Ottenheimer, Johnson
PASSED March 20, 2017.
APPROVED: March 20. 2017.
ATTEST:
Janet Sirabian, Village Clerk
#684967
APPROVED:
1
This instrument prepared by
And after recording, please
return to:
Patrick T. Brankin
Schain, Banks, Kenny & Schwartz Ltd.
70 West Madison
Three First National Plaza
Suite 5300
Chicago, Illinois 60602
GRANT OF WATERLINE EASEMENT AGREEMENT
This GRANT OF WATERLINE EASEMENT AGREEMENT ("Agreement") is made
and entered into this day of , 2017 by and between
VILLAGE OF BUFFALO GROVE, (hereinafter "Grantor") and NORTHWEST WATER
COMMISSION, (hereinafter "Grantee"). (Grantor and Grantee shall each sometimes hereinafter
be individually referred to as "Party" or, collectively, "Parties").
RECITALS:
WHEREAS, Grantor, whose office is 50 Raupp Blvd. Buffalo Grove, IL 60089, is the
owner of certain real property located in Lake County, Illinois, legally described in Exhibit "A",
attached hereto and made a part hereof ("Property");
WHEREAS, Grantor desires to grant to Grantee, its successors, assigns, guests, invitees,
employees, Grantees, contractors, a certain non-exclusive easement ("Easement") for waterlines,
associated utility facilities, appurtenances, supporting structures, pipes, mains, conductors,
conduits, foundations, manholes, devices and associated equipment (sometimes collectively
referred to as "Waterline Facilities") over, across, through, in and under those certain portions of
the Property, said portions being as legally described on Exhibit "B", attached hereto and
incorporated herein and as shown on Exhibit "C", attached hereto and incorporated herein
(collectively "Easement Parcel") all as hereinafter further provided;
WHEREAS, Grantee desires to accept the Easement over the Easement Parcel, all as
hereinafter further provided.
NOW, THEREFORE, in consideration of the sum of Ten and 00/100 Dollars ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the following grants, agreements, covenants and restrictions are made:
1. Non -Exclusive Easement. Grantor hereby grants and conveys to Grantee, its
successors, assigns, guests, invitees, employees, contractors, subcontractors and agents, and
Grantee hereby accepts from Grantor, as an Easement appurtenant to the Property, a non-
exclusive, perpetual Easement over, across, through, in and under the Easement Parcel, including
the right of reasonable access thereto, solely for the purposes of the construction, installation,
operation, maintenance, repair and replacement of a water line and Waterline Facilities and for
the flow of water through such line and any and all related appurtenances and facilities, and the
right to cut, trim, remove and/or otherwise control, at Grantee's option, any trees, overhanging
limbs or branches, brush, shrubs, undergrowth, of whatever size, (including those that are dead,
diseased, weak, or leaning), buildings, structures, or other obstructions that in Grantee's
reasonable judgment endangers or will endanger the safety of, interfere with or encroach upon
the use of its Waterline Facilities and/or the Easement, both within and adjoining the Easement.
2. Purpose of Easement. The Easement granted hereunder is to ensure that
the Easement Parcel shall, at all times, remain as a waterline utility area. Grantor shall not allow,
place, construct or install any buildings, structures, pile or debris, interfere with lateral support,
change the level of the ground by excavation or mounding or permit or cause any excavation on
the Easement Parcel. Grantor shall not disturb or interfere with Grantee's use of the Easement or
Grantee's Waterline Facilities. In the event Grantor, any governmental agency and/or private
entity desires or intends to conduct or commence any work, excavation, construction, installation
or development (collectively "Grantor Work") of or on any property on, in, under, above,
contiguous to or in close proximity of the Easement Parcel, Grantor shall deliver written notice
to Grantee at least ten (10) days prior to the commencement of any such Grantor Work, which
notice shall contain, at a minimum, a description of the type of Grantor Work, the date of
commencement and completion, the days and times involved and the name, address and
telephone number of the general contractor or contact person associated with the Grantor Work.
This Easement also conveys the right of ingress and egress in and over any reasonable routes at
all times. If Grantor or any governmental authority requires Grantee to relocate the facilities
contemplated by this grant, this Easement conveys the right to relocate such facilities to a
comparable location, subject to Grantor's reasonable approval. No building, fence, fagade, shed,
storage facility or any other structure intended for permanent use shall be constructed or
maintained for any purpose on, above, within, in or under the Easement Parcel, provided,
however, Grantee may approve work to be completed on the Easement Parcel for waterline
installation and operation purposes only, at Grantee's reasonable discretion. No dumping,
filling, excavating or transferring of any earth material or yard clippings shall be permitted on,
within, in or under the Easement Parcel except upon the express, prior written approval of
Grantee. Grantee shall restore the Easement Parcel to the substantially similar condition as
existed on the date of commencement of construction and repair damages done to fences, drains,
seeded lawns (not landscaping), gates, ditches and crops caused by Grantee's use of the
Easement.
3. Term. The term of this Easement shall commence upon execution of this
document and shall continue on a perpetual basis, subject to being terminable and revocable
pursuant to the terms and conditions of this Agreement. Notwithstanding anything contained
herein to the contrary, this Agreement and the Easement shall automatically terminate and be
null and void and of no further force or effect upon Grantee's termination of the Easement or
2
Grantee's abandonment of the Water Facilities for a period in excess of 1 year. In the event
Grantee abandons the Water Facilities, Grantee shall remove such Water Facilities as are present
on the Property at the time of such abandonment at Grantee's sole cost.
4. Remedies. In the event of a breach, or attempted breach or threatened breach
of any of the obligations of the Easement, Grantee, in addition to any and all remedies at law or
in equity Grantee may have under applicable law, shall be entitled to the remedy of specific
performance, including the right to obtain an injunction to specifically enforce the performance
of such obligation, the Parties hereby acknowledging the inadequacy of legal remedies and the
irreparable harm which would be caused by any such breach.
5. Transfers. Any transferee of all or any part of the Property shall automatically
be deemed, by acquiring title to all or any portion of the Property, to have assumed all the
obligations of the Easement and this document, relating thereto, and to have agreed with the then
owner or owners of all other portions of the Property to execute any and all instruments and do
any and all things reasonably required to carry out the intentions of the Easement. If any
transferor shall expressly condition the transfer of its interest in such portion of the Easement
Parcel on the assumption by its transferee of the obligations imposed on such transferor and such
transferee assumes in writing such obligations, such transferor shall, upon the completion of such
transfer, be relieved of all liability under the Easement, except such liabilities which may have
arisen during the period of ownership of the portion of the Easement Parcel so conveyed and
which remains unsatisfied.
6. Construction. This instrument shall be construed in conformity with the laws of
the State of Illinois and in accordance with the usage in said State of Illinois regarding
easements. The rule of strict construction does not apply to this grant. This grant shall be given
a reasonable construction so that the intention of the parties is carried out.
7. Notice. For the purposes of giving notices under this Agreement, Grantor's
address is: 51 Raupp Blvd. Buffalo Grove, IL 60089, Attention: Michael J. Reynolds, Director
of Public Works, with a copy to William G. Raysa, Tressler LLP, 233 S. Wacker Drive, 22nd
Floor, Chicago, IL 60606, and Grantee's address is: .1525 N Wolf Rd, Des Plaines, IL 60016,
Attention: Kevin Lookis, with a copy to Patrick T. Brankin, Schain, Banks, Kenny & Schwartz,
Ltd., 70 W. Madison St., Ste. 5300, Chicago, IL 60602. Any Party may lodge written notice of a
change of address. All notices shall be sent by certified mail, return receipt requested, to the
addresses provided for in this paragraph and shall be deemed given when placed in the mail.
8. Compliance with Laws. Grantee shall, at its sole cost and expense, comply
with any and all applicable laws, statutes, ordinances and regulations with respect to the
ownership, operation, maintenance, repair, preservation and replacement of the Waterline
Facilities and the Easement Parcel.
9. No Liens. Grantee shall not record nor permit to be recorded any mechanic's
or other lien against the Easement Parcel for any labor or materials in connection with work of
any character performed on the Easement Parcel. In the event of the recordation of any such
lien, Grantee shall have such lien discharged or bonded over on or before ten (10) calendar days
3
after receipt of notice of any such lien. In addition, Grantor shall have the right, but not the
obligation, to cause such lien to be released and Grantee shall pay, on demand, all of Grantor's
costs and reasonable attorneys' fees in connection therewith.
10. Condition of the Easement Parcel; Indemnity. Grantee acknowledges that it
has inspected the Easement Parcel with full knowledge of the physical condition thereof.
Grantee hereby agrees to indemnify, defend and hold Grantor, its agents, representatives and
employees harmless from and against any and all loss, injury, liability, expense, costs, penalty,
fee, damage or claim, including, but not limited to, reasonable attorneys fees and court costs,
incurred in connection with or related to any matter, problem, claim, liability or occurrence that
may arise by reason of Grantee and it's independent contractors, employees, representatives and
agents entry upon and use of the Easement Parcel pursuant to this Agreement, including, but not
limited to Grantee and it's independent contractors, employees, representatives and agents
intentional acts, negligence, gross negligence or willful and wanton conduct.
11. Insurance. (a) The Parties acknowledge Grantee maintains insurance
through an alternative risk management pool entitled the Municipal Insurance Cooperative
Association ("MICA"). Through MICA, Grantee shall procure and maintain, at its sole cost and
expense, during the term of this Agreement, insurance insuring Grantee and Grantor against
general liability, fire, casualty, theft and property damage and liability fort hazardous material
occurring on the Easement Parcel due to or caused by Grantee and it's guests, invitees,
employees, Grantees and contractors use of the Easement Parcel during the term of this
Agreement. Notwithstanding anything contained herein to the contrary, Grantee may, at
Grantee's sole option, obtain insurance from, or participate in from time to time, such other
alternative risk management program(s) or pool(s) as the Grantee may determine in its sole and
exclusive discretion. Prior to any entry onto the Easement Parcel, Grantee shall deliver a
certificate of insurance reasonably acceptable to Grantor evidencing the insurance coverage
required hereunder, provided such a certificate is available from MICA, or any successor
alternative risk management program or pool chosen by Grantee. All such insurance required
hereunder shall not be cancelled without thirty (30) calendar days written notice to Grantor by
either Grantee or MICA, or any successor alternative risk management program or pool chosen
by Grantee.
(b) Notwithstanding anything contained herein to the contrary, nothing contained in
this Agreement shall be deemed or construed as a waiver of any tort immunity rights in favor of
or retained by Grantee, in its municipal or governmental capacity, under applicable governmental
laws, rules, regulations, and ordinances.
12. Binding Effect. All provisions of this Agreement, including the benefits
and burdens, run with the land and are binding upon and inure to the benefit of the heirs, assigns,
licensees, invitees, successors, tenants, employees and personal representatives of the Parties.
13. Survival Clause. If any term, provision, covenant or condition in this
Agreement shall be or be held to be invalid, whether in general or as to any particular situation or
circumstance, the remainder of this instrument and the applicability to any other situation or
circumstance, as the case may be, shall not be invalidated or terminated thereby, but shall remain
in full force and effect for all intents and purposes as though such invalid term, provision,
E
covenant or condition had never been and it shall not be deemed that any such invalid provision
effects the consideration for the Easement; and each provision of the Easement shall be valid and
enforceable to the fullest extent permitted by law. If any of the covenants or rights created by
this instrument would otherwise violate (a) the rule against perpetuities or some analogous
statutory provision, or (b) any other statutory or common law rules imposing time limits, then
such provision shall continue only until twenty-one (21) years after the death of the survivor of
the now living lawful descendants of the incumbent President of the United States of America.
14. No Waiver; Counterpart Execution. No waiver of any default of any
obligation by any Party hereto shall be implied from any omission by the other Party to take any
action with respect to such default. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which shall constitute one and the
same instrument.
15. Assignment. Grantee may not assign Grantee's rights in this Agreement without
Grantor's prior written consent, and such assignment shall not be effective against Grantor until a
copy of said assignment is delivered to Grantor and accepted by Grantor.
16. Attorneys' Fees. In the event of any action or proceeding brought by either
Party against the other for any matter arising out of or in any way relating to this Agreement or the
Easement contained herein, the non -prevailing Party in such action or proceeding shall pay all costs,
expenses and reasonable attorneys' fees incurred by the prevailing Party in connection with such
action or proceeding.
17. Easement Shall Continue Notwithstanding Breach. It is expressly agreed
that no breach of this Agreement shall (i) entitle any Party to cancel, rescind, or otherwise
terminate the Easement contained herein. However, such limitation shall not affect in any
manner any other rights or remedies which any Party may otherwise have hereunder by reason of
any such breach.
18. Entire Agreement. This Agreement contains the complete understanding and
agreement of the Parties hereto with respect to all matters referred to herein, and all prior
representations, negotiations, and understandings are superseded hereby.
19. Miscellaneous.
(a) The Article headings in this document are for convenience only, shall in
no way define or limit the scope or content of the Agreement, and shall not be considered in any
construction or interpretation for any part hereof.
(b) Nothing in this Agreement shall be construed to make Grantor and
Grantee partners or joint venturers or render either of said Parties liable for the debts or
obligations of the other.
(c) This Agreement may be amended, modified or terminated at any time by
declaration in writing, executed and acknowledged by Grantor and Grantee, or their respective
successors or assigns, and recorded in the Office of the Recorder of Deeds of Lake County,
Illinois.
hereof.
(d) The recitals set forth hereinabove are incorporated herein and made a part
(e) Time is of the essence of this Agreement.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of
the day and date first above written.
ATTEST:
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By:
Name: M .
Title:
ATTEST:
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Name: J CK-MCC-
Title
: WATER- OPERR'iol,
GRANTOR:
VILLAGE OF BUFFALO GROVE
By: 0&� —
Name:
Title: V; l r-'-,�- d , , ±
[a.17511211V W X
NORTHWEST WATER CONINUSSION
By:
Name: Alrt,J 0}-1/
Title: C X P ej "' l , ve
NINA Sf'i:- OFZ
NOTARY PUBLIC - S1 ATF-, of I!_t.IN01s
My COMMISSION EXPIRES:09/23/18
F:\PTB\NWC\BUFFALO GROVE WATERMAN IMPROVEMENT PROJECT\GRANT OF WATERLINE EASEMENT AGREEMENT
VILLAGE OF BUFFALO GROVE.V4.DOC
7
STATE OF ILLINOIS )
) SS.
COUNTY OF & i�- 1
I, ✓�t�� .�/,c mk_� , a notary public in and for said County, in the State
aforesaid, DO HEREBY CERTIFY that :&vec l�� �cas�;wi«✓� , (;, ��;�{e, { of 1j�,
V�tlao, c.c F(f-,I and, )e.rl e.A J:rT4)-�c�.v1 , L�1c=1�__ of said
,a�,,Qodc-, (:Ts e,u Z, personally known to me to be the same persons whose names are subscribed to
the foregoing Grant of Waterline Easement Agreement, appeared before me this day in person
and acknowledged that they signed, sealed and delivered the said instrument, on behalf of the _
J;1\«ck` and as their free and voluntary act, for the uses and purposes therein set
forth.
GIVEN under my hand and seal, this 3 1 day of �yt f��-mil l , 20 1
Julie Kamka
Notary Public - State of Illinois
My Commission Expires
04/06/2019 Noory Public
STATE OF ILLINOIS )
) SS.
COUNTY OF 1
Ar, , a notarX public in a for said County, in the S to
aforesaid, DO ITEREBY CERTIFY t_ at
and -n� ,/ /� of said%
06ti SS' '�(elsonally known to me to be the same persons whose names are subscribed to
the foregoing Grant of Waterline Easement Agreement, appeared before me this day in person
and acknowledged that they signed, sealed and delivered the said instrument, on behalf of the
and as their free and voluntary act, for the uses and purposes therein set
forth.
GIVE under my hand and seal this 3day of
Uf FICIAL. SEAL.
NINA SPEKTOR
NOTARY PUBLIC - STATE OF ILLINOIS Notar
MY COMMISSION EXPIRES:09/23/18
�w�s�oasa
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
PARCELI:
LOT "A" IN STRATHMORE IN BUFFALO GROVE -UNIT- 4, BEING A SUBDIVISION OF
PART OF THE WEST HALF OF SECTION 32, TOWNSHIP 43 NORTH, RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN IN LAKE COUNTY, ILLINOIS.
PIN: 15-32-103-049
ADDRESS OF PROPERTY: 0 ARLINGTON HEIGHTS RD.
BUFFALO GROVE, IL 60089
PARCEL 2:
THAT PART OF THE EAST 589.29 FEET OF THE NORTH HALF OF THE NORTHEAST
QUARTER OF SECTION 29, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN IN LAKE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID 589.29 FEET OF THE NORTH
HALF OF THE NORTHEAST QUARTER OF SECTION 29; THENCE NORTH 90°00'00"
WEST ALONG THE SOUTH LINE OF SAID NORTH HALF OF THE NORTHEAST
QUARTER A DISTANCE OF 589.30 FEET TO THE INTERSECTION OF SAID SOUTH
LINE WITH THE EST LINE OF THE EAST 589.29 FEET OF THE NORTH HALF OF SAID
NORTHEAST QUARTER; THENCE NORTH 88°20'49" EAST ALONG SAID WEST LINE
OF THE EAST 589.29 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER A
DISTANCE OF 709.63 FEET; THENCE SOUTH 60°57'06" EAST A DISTANCE OF 671.83
FEET TO A POINT ON THE EAST LINE OF SAID NORTHEAST QUARTER; THENCE
SOUTH 00020'49" WEST ALONG SAID EAST LINE OF THE NORTHEAST QUARTER A
DISTANCE OF 383.42 FEET TO THE POINT OF BEGINNING.
PIN: 15-29-200-016
ADDRESS OF PROPERTY: 0 APTAKISIC RD.
BUFFALO GROVE, IL 60089
PARCEL 4:
THE EAST 589.29 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF
SECTION 29, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL
MERIDIAN IN LAKE COUNTY, ILLINOIS, (EXCEPT THAT PART OF THE EAST 589.29
FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 29,
AFORESAID, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID EAST 589.29 FEET; THENCE
NORTH 90000'00" WEST ALONG THE SOUTH LINE OF SAID NORTH HALF OF THE
NORTHEAST QUARTER, A DISTANCE OF 589.39 FEET TO THE INTERSECTION OF
0
SAID SOUTH LINE WITH THE EAST LINE OF THE EAST 589.29 FEET OF THE NORTH
HALF OF SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 20 MINUTES
49 SECONDS EAST ALONG SAID WEST LINE OF THE EAST 589.29 FEET OF THE
NORTH HALF OF THE NORTHEAST QUARTER A DISTANCE OF 709.63 FEET THENCE
60057'05" EAST A DISTANCE OF 671.83 FEET TO A POINT ON THE EAST LINE OF THE
SAID NORTHEAST QUARTER; THENCE SOUTH 00°29'49" WEST ALONG SAID EAST
LINE OF THE NORTHEAST QUARTER A DISTANCE OF 383.42 FEET TO THE POINT OF
BEGINNING).
PIN: 15-29-200-012
ADDRESS OF PROPERTY: 401 APTAKISIC RD.
BUFFALO GROVE, IL 60089
10
EXHIBIT "B"
LEGAL DESCRIPTION OF EASEMENT PARCEL
PARCEL E1 (VILLAGE OF BUFFALO GROVE)
THAT PART OF LOT "A" IN STRATHMORE IN BUFFALO GROVE -UNIT- 4, BEING A
SUBDIVISION OF PART OF THE WEST HALF OF SECTION 32, TOWNSHIP 43 NORTH,
RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT "A"; THENCE NORTH
00001'26" WEST, ALONG THE WEST LINE THEREOF, 1.41 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING ALONG THE WEST LINE OF SAID LOT "A"
NORTH 00001'26" WEST 464.00 FEET; THENCE NORTH 89°58'34" EAST 25.00 FEET;
THENCE SOUTH 00001 `26" EAST 464.00 FEET; THENCE SOUTH 89°58'34" WEST 25.00
FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS.
PARCEL E2 (VILLAGE OF BUFFALO GROVE)
THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 29,
TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF A LINE DRAWN 54.00 FEET
SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 29 WITH THE WESTERLY LINE OF BUFFALO GROVE ROAD AS
WIDENED; THENCE SOUTH 00000' 18" WEST ALONG THE WESTERLY LINE OF
BUFFALO GROVE ROAD AS WIDENED 11.15 FEET; THENCE SOUTHERLY ALONG
THE WESTERLY LINE OF BUFFALO GROVE ROAD AS WIDENED 648.39 FEET SAID
LI NE BEING THE ARC OF A CIRCLE HAVING A RADIUS OF 11551.00 FEET
CONCAVE EASTERLY AND W HOSE CHORD BEARS SOUTH 01036'11" EAST, A
DISTANCE OF 648.30 FEET; THENCE NORTH 53039'01" WEST 30.90 FEET; THENCE
NORTH 05003'03" WEST 110.17 FEET; THENCE NORTH 15°54 13311 WEST 49.53 FEET;
THENCE NORTH 10051'35" WEST 2.60 FEET; THENCE NORTHERLY 158.85 FEET
ALONG THE ARC OF A CIRCLE HAVING A RADIUS OF 11591.00 FEET CONCAVE
EASTERLY AND W HOSE CHORD BEARS NORTH 01055'31" WEST, A DISTANCE OF
158.85 FEET; THENCE SOUTH 88°28'02" WEST 25.00 FEET; THENCE NORTHERLY
311.76 FEET ALONG THE ARC OF A CIRCLE HAVING A RADIUS OF 11616.00 FEET
CONCAVE EASTERLY AND WHOSE CHORD BEARS NORTH 00045'50" WEST, A
DISTANCE OF 311.75 FEET; THENCE NORTH 00°0011811 EAST 11.09 FEET TO A
POINT ON THE AFORESAID PARALLEL LINE; THENCE NORTH 89°56'56" EAST
ALONG SAID PARALLEL LINE 65.00 FEET TO THE POINT OF BEGINNING, IN LAKE
COUNTY, ILLINOIS.
11
PARCEL E4 (VILLAGE OF BUFFALO GROVE)
THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 29,
TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF A LINE DRAWN 54.00 FEET
SOUTH OF AND PARALLEL WITH THE NORTH LI NE OF THE NORTHEAST
QUARTER OF SAID SECTION 29 WITH THE WESTERLY LINE OF BUFFALO GROVE
ROAD AS WIDENED; THENCE SOUTH 00'00' 18" WEST ALONG THE WESTERLY LINE
OF BUFFALO GROVE ROAD AS WIDENED 11.15 FEET; THENCE SOUTHERLY ALONG
THE WESTERLY LI NE OF BUFFALO GROVE ROAD AS WIDENED 648.39 FEET SAID
LINE BEING THE ARC OF A CIRCLE HAVING A RADIUS OF 11551.00 FEET CONCAVE
EASTERLY AND W HOSE CHORD BEARS SOUTH 01-3611111 EAST, A DISTANCE OF
648.30 FEET; THENCE SOUTHERLY ALONG THE WESTERLY LI NE OF BUFFALO
GROVE ROAD AS WIDENED 80.35 FEET SAID LI NE BEING THE ARC OF A CIRCLE
HAVING A RADIUS OF 11551.00 FEET CONCAVE EASTERLY AND W HOSE CHORD
BEARS SOUTH 03024'38" EAST, A DISTANCE OF 80.35 FEET; THENCE SOUTH
03036'35" EAST ALONG THE WESTERLY LINE OF BUFFALO GROVE ROAD AS
WIDENED 109.71 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 03°36'35"
EAST ALONG THE WESTERLY LINE OF BUFFALO GROVE ROAD AS WIDENED
218.29 FEET; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF BUFFALO
GROVE ROAD AS WIDENED 196.10 FEET BEING THE ARC OF A CIRCLE HAVING A
RADIUS OF 2949.00 FEET CONCAVE WESTERLY AND WHOSE CHORD BEARS
SOUTH 01042'17" EAST, A DISTANCE OF 196.06 FEET; THENCE SOUTH 00°12'01"
WEST ALONG THE WESTERLY LINE OF BUFFALO GROVE ROAD AS WIDENED 9.35
FEET TO ITS POINT OF INTERSECTION WITH THE NORTH LINE OF GREEN KNOLLS
UNIT NUMBER 3 BEING A SUBDIVISION IN PART OF THE EAST HALF OF THE
NORTHEAST QUARTER OF SECTION 29 AFORESAID; THENCE SOUTH 89°45' 13"
WEST ALONG THE LAST MENTIONED NORTH LINE 40.00 FEET; THENCE NORTH
00012'01" EAST 9.66 FEET; THENCE NORTHERLY 193.44 FEET ALONG THE ARC OF A
CIRCLE HAVING A RADIUS OF 2909.00 FEET CONCAVE WESTERLY AND WHOSE
CHORD BEARS NORTH 01042'17" WEST, A DISTANCE OF 193.40 FEET; THENCE
NORTH 03036'35" WEST 243.70 FEET; THENCE SOUTH 61°10 `56" EAST 47.39 FEET TO
THE POI NT OF BEGINNING, IN LAKE COUNTY, ILLINOIS.
12
EXHIBIT "C"
DEPICTION OF EASEMENT
(SEE ATTACHED FOR DEPICTION)
13
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This instrument prepared by
And after recording, please
return to:
Patrick T. Brankin
SCHAIN, BANKS, KENNY &
SCHWARTZ, LTD.
70 West Madison Street
Suite 5300
Chicago, Illinois 60602
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
This Temporary Construction Easement Agreement (the "Agreement") is made and
entered into this day of , 2017 ("Effective Date"), by the
VILLAGE OF BUFFALO GROVE ( "Grantor") to and in favor of NORTHWEST WATER
COMMISSION ("Grantee"). (Grantor and Grantee shall each sometimes hereinafter be
individually referred to as "Party" or, collectively, "Parties").
RECITALS:
WHEREAS, Grantor is the owner of the real property located in the Village of Buffalo
Grove ("Village"), and depicted and legally described on Exhibit "A" attached hereto and made
a part hereof (the "Easement Parcel");
WHEREAS, Grantee has the right to and intends to perform construction, installation,
operation, maintenance, repair and replacement of a water line and waterline facilities and any
and all related appurtenances and facilities (collectively "Waterline Facilities"), on that portion
of property commonly known as proposed 16" diameter water main ("Waterline Construction
Property") which Waterline Construction Property is located in the Easement Parcel;
WHEREAS, Grantor desires to grant and Grantee desires to accept a temporary
easement on, over, under and across the Easement Parcel, solely for the temporary purpose of
construction, installation, operation, staging and storage of any and all activities, equipment,
supplies and materials, related to or concerning Grantee's work to construct, install, maintain,
repair and replace the Waterline Facilities on, in, and under the Waterline Construction Property.
NOW, THEREFORE, for and in consideration of the sum of ten dollars ($10.00) in
hand paid by Grantee to Grantor, and other good and valuable consideration the receipt and
sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and
restrictions are made:
1. Recitals. The Recitals set forth hereinabove are fully incorporated into this
Agreement by this reference.
2. Grant of Temporary Easement. Grantor hereby grants and conveys to
Grantee a temporary, non-exclusive easement ("Temporary Construction Easement") for
entering upon the Easement Parcel for the purposes of construction, installation, operation,
staging and storage of any and all activities, equipment, supplies and materials, including, but not
limited to construction equipment and construction vehicles, and temporary fencing related to or
concerning Grantee's work (collectively "Waterline Work") to construct, install, maintain, repair
and replace the Waterline Facilities on, in, over, above and under the Waterline Construction
Property.
3. Waterline Work. Grantee covenants and agrees that the Easement Parcel and
Waterline Construction Property will be used, and the Waterline Work will be performed and
completed, in compliance with all applicable laws, statutes, ordinances and governmental rules,
regulations and requirements now in force or that may become in force in a lien free manner.
4. Term. This Agreement and the Temporary Construction Easement herein granted
shall commence on the Effective Date and shall expire and terminate on completion of the
Waterline Work. Upon the expiration of the Temporary Construction Easement in accordance
herewith, Grantee shall provide Grantor with a written, signed and recordable release of the
Temporary Construction Easement contained herein.
5. Non -Interference. Grantor shall not interfere with work performed by Grantee
in connection with the Waterline Work. Grantee shall use commercially -reasonable efforts not
to unreasonably interfere with Grantor's operations on the Easement Parcel.
6. Removal of Equipment. Grantee covenants and agrees that, after the
Waterline Work has been completed, Grantee will, at Grantee's sole cost and expense, promptly
remove Grantee's construction equipment supplies and materials from the Easement Parcel and
Waterline Construction Property and return the Easement Parcel and Waterline Construction
Property to substantially similar condition as existed on the Effective Date.
7. Lien Free Waterline Work. Grantee shall not permit any claim, lien or other
encumbrance arising from the Waterline Work or Grantee's use of the Easement Parcel and
Waterline Construction Property to accrue against, attach to or be recorded against the Easement
Parcel and/or Waterline Construction Property or the interest of Grantor in adjacent lands.
8. Condition of the Easement Parcel; Indemnity. Grantee acknowledges that it
has inspected the Easement Parcel and Waterline Construction Property with full knowledge of
the physical condition thereof. Grantee hereby agrees to and shall indemnify, defend, protect
and hold Grantor, its successors, assigns and heirs harmless from and against any and all claims,
proceedings, lawsuits, liabilities, damages, losses, fines, penalties, judgements, awards, costs and
expenses, including, without limitation, reasonable attorneys' fees and costs, to the extent same
arise out of the Waterline Work or Grantee's use of or entrance upon the Easement Parcel and/or
2
Waterline Construction Property. This indemnification and hold harmless covenant shall survive
the expiration or termination of this Agreement.
9. Insurance. (a) The Parties acknowledge Grantee maintains insurance through
an alternative risk management pool entitled the Municipal Insurance Cooperative Association
("MICA"). Through MICA, Grantee shall procure and maintain, at its sole cost and expense,
during the term of this Agreement, insurance insuring Grantee and Grantor against general
liability, fire, casualty, theft and property damage, and liability for hazardous material occurring
on the Easement Parcel and/or Waterline Construction Property due to or caused by Grantee and
its guests, invitees, employees, grantees and contractors use of the Easement Parcel during the
term of this Agreement. Notwithstanding anything contained herein to the contrary, Grantee
may, at Grantee's sole option, obtain insurance from, or participate in from time to time, such
other alternative risk management program(s) or pool(s) as the Grantee may determine in its sole
and exclusive discretion. Prior to any entry onto the Easement Parcel, Grantee shall deliver a
certificate of insurance reasonably acceptable to Grantor evidencing the insurance coverage
required hereunder, provided such a certificate is available from MICA, or any successor
alternative risk management program or pool chosen by Grantee. All such insurance required
hereunder shall not be cancelled without thirty (30) calendar days written notice to Grantor by
either Grantee or MICA, or any successor alternative risk management program or pool chosen
by Grantee.
(b) Notwithstanding anything contained herein to the contrary, nothing
contained in this Agreement shall be deemed or construed as a waiver of any tort immunity
rights in favor of or retained by Grantee, in its municipal or governmental capacity, under
applicable governmental laws, rules, regulations, and ordinances.
10. Remedies. (a) In the event of a breach, or attempted breach or threatened
breach of any of the obligations of the Easement, Grantee, in addition to any and all remedies at
law or in equity Grantee may have under applicable law, shall be entitled to the remedy of
specific performance, including the right to obtain an injunction to specifically enforce the
performance of such obligation, the Parties hereby acknowledging the inadequacy of legal
remedies and the irreparable harm which would be caused by any such breach.
(b) No breach of the provisions of this Easement shall defect or render invalid
the lien of any mortgage or deed of trust made in good faith and for value covering any part of
the Easement Parcel and any improvements which may be located thereon or therein and/or
covering any part of Waterline Construction Property,. The provisions of the Easement and/or
Waterline Construction Property shall be binding upon and effective against any owner of the
Easement Parcel and/or Waterline Construction Property, or any portion thereof, whose title is
acquired by foreclosure or trustee sale or any grantee by deed in lieu of foreclosure or trustee
sale.
11. Attorneys' Fees. . In the event of any dispute hereunder resulting in a lawsuit,
the prevailing Party in such suit, upon the entry of a final, unappealable judgment order, shall be
entitled to reimbursement for all reasonable costs and expenses, including without limitation, a
reasonable sum for attorneys' fees and court costs.
3
12. Governing Law. This Agreement shall be governed by the laws of the State
of Illinois.
13. Severability. If any term or provision of this Agreement or the application
thereof shall, to any extent to be invalid or unenforceable, the remainder of this Agreement shall
not be affected thereby and shall be enforceable to the fullest extent permitted by law.
14. Grantor and Grantee Representations. Grantor represents and warrants that
it is the legal, fee title owner of the Easement Parcel and that Grantor has full power and
authority to execute this Agreement and grant the Easement herein granted, without the consent
or authorization of any other person. Grantee represents and warrants that it is duly authorized to
enter into this Agreement, to perform the Waterline Work and to perform the covenants as set
forth herein.
15. Notice.All notices to be given under this Agreement shall be addressed to such
party at the address specified below:
If to Grantor(s): Village of Buffalo Grove
50 Raupp Blvd.
Buffalo Grove, IL 60089
Attention: Dane Bragg, Village Manager
With a copy to: William Raysa
Tressler LLP
233 S. Wacker Drive, 22nd Floor
Chicago, IL 60606
If to Grantee: Northwest Water Commission
1525 N. Wolf Road
Des Plaines, Illinois
Attention: Executive Director
With a copy to: Schain, Banks, Kenny & Schwartz, Ltd.
70 W. Madison Street, Suite 5300
Chicago, Illinois 60602
Attention: Patrick T. Brankin, General Counsel
Any Party may lodge written notice of a change of address. All notices shall be sent by certified
mail, return receipt requested, to the addresses provided for in this paragraph and shall be
deemed given when placed in the mail.
16. Benefits and Burdens. All terms, covenants and conditions contained
herein, including, but not limited to all benefits. and burdens, shall run with the land and inure to
the benefit of and be binding upon the Parties and their respective successors and assigns in title
to the Easement Parcel and/or Waterline Construction Property.
U
17. No Waiver; Counterpart Execution. No waiver of any default of any
obligation by any Party hereto shall be implied from any omission by the other Party to take any
action with respect to such default. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which shall constitute one and the
same instrument.
18. No Agency. Nothing in this Agreement shall be deemed or construed by either
Party or by any third person to create the relationship of principal and agent or of limited or
general partners or of joint venturers or of any other association between the Parties.
19. Entire Agreement. This Agreement contains the complete understanding and
agreement of the Parties hereto with respect to all matters referred to herein, and all prior
representations, negotiations, and understandings are superseded hereby.
20. Time of Essence. Time is of the essence of this Agreement.
21. No Rights in Public; No Implied Easements. Except as may be expressly
set forth herein, nothing contained herein shall be construed as creating any rights in the general
public or as dedicating for public use any portion of the Easement Parcel and/or Waterline
Construction Property. No easements, except those expressly set forth herein, shall be implied
by this Agreement.
22. Easement Shall Continue Notwithstanding Breach. It is expressly agreed
that no breach of this Agreement shall (i) entitle any Party to cancel, rescind, or otherwise
terminate the Easement contained herein. However, such limitation shall not affect in any
manner any other rights or remedies which any Party may otherwise have hereunder by reason of
any such breach.
23. Miscellaneous.
(a) The Article headings in this document are for convenience only, shall in
no way define or limit the scope or content of the Agreement, and shall not be considered in any
construction or interpretation for any part hereof
(b) Nothing in this Agreement shall be construed to make Grantor and
Grantee partners or joint venturers or render either of said Parties liable for the debts or
obligations of the other.
(c) This Agreement may be amended, modified or terminated at any time by
declaration in writing, executed and acknowledged by Grantor and Grantee, or their respective
successors or assigns, and recorded in the Office of the Recorder of deeds of Lake or Cook
County, Illinois.
(d) Time is of the essence of this Agreement.
(SIGNATURES APPEAR ON THE FOLLOWING PAGE)
61
IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement as of
the day and date first above written.
GRANTOR:
VILLAGE OF BUFFALO GROVE
By: C-4�4"
Name: v e,r ( 7 cx
Title: V��10.AP_ Pf'eSo4�In�
GRANTEE:
VAT& 1��.%11 M. D] WK610 �6Y_.y EW10
By: �j1z"'j--
Name: t-'v / oo1!
Title: J A-C , I ✓ e 2)j r
F:\PTB\NWC\BUFFALO GROVE NATERMAIN IMPROVEMENT PROJECT\VILLAGE EASEMENTS\TEMPORARY CONSTRUCTION EASEMENT AGREEMENT.W.DOC
EXHIBIT A
TEMPORARY EASEMENT
PARCEL T1 (VILLAGE OF BUFFALO GROVE)
THAT PART OF LOT A IN ROLLING HILLS SUBDIVISION, BEING A SUBDIVISION OF
PART OF SECTION 20, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT A; THENCE NORTH
00007'26" WEST, ALONG THE WEST LINE OF SAID LOT A, 30.00 FEET; THENCE
NORTH 89033'00" EAST 49.83 FEET; THENCE SOUTH 00°27'00" EAST 30.00 FEET TO A
POINT ON THE SOUTH LINE OF SAID LOT A; THENCE SOUTH 89°33'00" WEST
ALONG THE SOUTH LINE OF SAID LOT A, 50.00 FEET TO THE POINT OF
BEGINNING, IN LAKE COUNTY, ILLINOIS.
7
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