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R-19-18VILLAGE OF DEERFIELD RESOLUTION NO. 2019- R-19-18 A RESOLUTION APPROVING NON-EXCLUSIVE EASEMENT AGREEMENTS FOR UNDERGROUND UTILITIES (126 and 140 Millstone Road) WHEREAS, the Village of Deerfield ("Village's is a home rule municipality in accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970; and WHEREAS, Daniel Capozzi and Jennifer Capozzi (collectively, "126 Millstone Owners' are the owners of the property located at 126 Millstone Road, Deerfield, Illinois ("126 Millstone Property'; and WHEREAS, Howard E. Rosenblum and Sarah C. Rosenblum (collectively, the "140 Millstone Owners' (the 126 Millstone Owners and 140 Millstone Owners are, collectively, "Owners' are the owners of the property located at 140 Millstone Road, Deerfield, Illinois ("140 Millstone Property's (the 126 Millstone Property and the 140 Millstone Property are, collectively, "Properties'); and WHEREAS, the Village desires to construct stormwater improvements on the Properties, necessitating the Village to obtain easements on the Properties; and WHEREAS, the Owners desire to grant the Village non-exclusive easements pursuant to easement agreements (collectively, "Easement Agreements'; and WHEREAS, the Village Board has determined that it will serve and be in the best interests of the Village and its residents to enter into the Easement Agreements with Owners; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, as follows: SECTION 1: RECITALS. The Village Board hereby adopts the foregoing recitals as its findings, as if fully set forth herein. SECTION 2: APPROVAL OF 126 MILLSTONE ROAD EASEMENT AGREEMENT. The Village Board hereby approves the an easement agreement by and between the Village and the 126 Millstone Owners in substantially the form attached to this Resolution as Exhibit A and in a final form approved by the Village Manager, SECTION 3: APPROVAL OF 140 MILLSTONE ROAD EASEMENT AGREEMENT. The Village Board hereby approves the an easement agreement by and between the Village and the 140 Millstone Owners in substantially the form attached to this Resolution as Exhibit B and in a final form approved by the Village Manager. 47790539v1 SECTION 4: AUTHORIZATION TO EXECUTE EASEMENT AGREEMENTS. The Village Board hereby authorizes and directs the Village President and the Village Clerk to execute and seal, on behalf of the Village, the final Easement Agreements. SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect from and after its passage and approval according to law. AYES: Benton, Jester, Seiden, Shapiro, Struthers NAYS: None ABSTAIN: None ABSENT: Oppenheim PASSED: July 15, 2019 APPROVED: July 16, 2019 RESOLUTION NO: R-19-18 Harriet Rosenthal, Mayor ATTEST: Ked S. Street, Vil ge Clerk 477905390 PREPARED BY AND AFTER RECORDING RETURN TO: HOLLAND & KNIGHT LLP 131 SOUTH DEARBORN ST. 30TH FLOOR CHICAGO, IL 60603 ATTN: STEVEN 1VL ELROD For Recorder's Use Only NON-EXCLUSIVE EASEMENT AGREEMENT FOR UNDERGROUND UTILITIES THIS AGREEMENT is dated as of this JZ day of 1 2019, by and between the Village of Deerfield, an Illinois home rule municipal corporation (the "Vdlage'), and Howard E. Rosenblum and Sarah C. Rosenblum (collectively, the "Owner'). IN CONSIDERATION OF the mutual covenants and agreements set forth herein and pursuant to the Village's home rule powers, the parties hereto agree as follows: 1. BACKGROUND. A. The Owner is the owner of certain real estate commonly known as 140 Millstone Road, Village of Deerfield, County of Cook, State of Illinois, which real estate is legally described in Exhibit A, attached to, and by this reference made a part of, this Agreement (the "Subject Properly') B. The Owner and the Village have determined that it is in their respective best interests to enter into this Agreement in order to grant to the Village a perpetual non- exclusive easement over a portion of the Subject Property as described herein. 2. GRANT AND USE OF EASEMENT. The Owner grants, conveys, warrants, and dedicates to the Village a perpetual non-exclusive easement in, at, over, along, across, through, upon, and under that portion of the Subject Property depicted on Exhibit B attached to, and by this reference made a part of, this Agreement (the "Easement Premises"), to survey, construct, operate, use, maintain, own, test, inspect, repair, remove, and replace or abandon in place (collectively the "Installation) an underground storm sewer and any appurtenances thereto (collectively, the "Facilities'), together with all reasonable rights of ingress and egress over, along, across, and upon the Subject Property necessary for the exercise of the rights granted herein. The Village shall, at its sole cost and expense, complete the Installation of the Facilities in a good and workmanlike manner. 3. HOLD HARMLESS. The Village agrees to hold the Owner harmless from all claims, causes of action, suits, damages, or demands that arise directly from the Installation, maintenance, and repair of the Facilities on the Easement Premises. 4. RESERVED RIGHT. The Owner reserves the right to use the Easement Premises in any manner that will not prevent or interfere in any way with the exercise by the Village of the rights granted herein; provided, however, that the Owner shall not permanently obstruct the Easement Premises or cause any permanent improvements or obstructions to be constructed on the Easement Premises that would impair the exercise by the Village of the rights granted herein without the express prior written consent of the Village Manager which shall not be unreasonably withheld, conditioned or delayed. W 5. ADDITIONAL EASEMENTS. The Owner shall have the right to grant other non-exclusive easements over, along, across or upon the Easement Premises; provided, however, that any such other easements shall be subject to this Agreement and the rights granted hereby; and provided further, that the Village Manager shall have first consented in writing to the terms, nature, and location of any such other easements which shall not be unreasonably withheld, conditioned or delayed. 6. VILLAGE RESTORATION. Upon completion of any Installation, the Village agrees to (a) replace and grade any and all topsoil removed by the Village; (b) restore to condition immediately preceding the Installation any and all fences, roads, curbs, signage, lighting facilities, and improvements that are damaged or removed as a direct result of the Installation; and (c) replace any and all natural grass removed by seeding with a good quality seed. 7. 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 Subject Property and shall be binding upon and inure to the benefit of the Owner and the Village and their respective heirs, executors, administrators, successors, assigns, agents, licensees, invitees, and representatives, including, without limitation, all subsequent owners of the Subject Property, or any portion thereof, and all persons claiming under them. If any of the easements, rights, restrictions, agreements or covenants created by this Agreement would otherwise be unlawful or void for violation of (a) the rule against perpetuities or some analogous statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing time 3 limits, then such easements, rights, restrictions, agreements or covenants shall continue only until 21 years after the death of the last survivor of the now living lawful descendants of the current Governor of the State of Illinois_ 8. ASSIGNMENT OF RIGHTS. The Village may assign its rights or delegate its duties under this Agreement to any assignee, agent, or contractor_ (a) who is reasonably competent to exercise the rights granted herein and the obligations imposed herein; and (b) who makes adequate assurances to the Owner that any activity performed pursuant to such assignment or delegation shall be conducted in a good and workmanlike manner. 9. AMENDMENT. This Agreement may be modified, amended, or annulled only by the written agreement of the Owner and the Village, and a copy or memorandum of such written agreement is recorded in the Official Records of Lake County, Illinois. [Remainder of Page Intentionally Left Blank, Signature Pages Follow] r,l IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on the date first above written. ATTEST: ATTEST: HOWARD E. ROSENBLUM By SARAH C. ROSENBLUM T s� _ fiwg�l VILLAGE OF DEERFIELD- By. [SIGNATURE PAGE TO NON-EXCLUSIVE EASEMENT AGREEMENT FOR UNDERGROUND UTILITIES] Leual Description of the Subject Properov LOT 1 IN KINGS COVE RESUBDIVISION, BEING A SUBDIVISION OF PARTS OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27 AND NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34 ALL IN TOWNSHIP 43 NORTH RANGE 12 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING E.LY OF THE WEST SKOKIE DRAINAGE DITCH, IN LAKE COUNTY, ILLINOIS. Property Address (commonly known as): 140 Millstone Road, Deerfield, IL 60015 Permanent Real Estate Index No. 16-27-306-081-0000 A-1 W40.11 TWO ; DeLjg on of the Easement Premises lb PREPARED BY AND AFTER RECORDING RETURN TO: HOLLAND & KNIGHT LLP 131 SOUTH DEARBORN ST. 30TH FLOOR CHICAGO, IL 60603 ATTN: STEVEN M. ELROD or Recorder's Us NON-EXCLUSIVE EASEMENT AGREEMENT FOR UNDERGROUND UTILITIES THIS AGREEMENT is dated as of this T� day of,, , 2019, by and between the Village of Deerfield, an Illinois home rule municipal corporation (the "Village"), and Daniel Capozzi and Jennifer Capozzi (collectively, the "Owner") IN CONSIDERATION OF the mutual covenants and agreements set forth herein and pursuant to the Village's home rule powers, the parties hereto agree as follows: 1. BACKGROUND. A. The Owner is the owner of certain real estate commonly known as 126 Millstone Road, Village of Deerfield, County of Cook, State of Illinois, which real estate is legally described in Exhibit A, attached to, and by this reference made a part of, this Agreement (the "Subject Property") B. The Owner and the Village have determined that it is in their respective best interests to enter into this Agreement in order to grant to the Village a perpetual non- exclusive easement over a portion of the Subject Property as described herein. 2. GRANT AND USE OF EASEMENT. The Owner grants, conveys, warrants, and dedicates to the Village a perpetual non-exclusive easement in, at, over, along, across, through, upon, and under that portion of the Subject Property depicted on Exhibit B attached to, and by this reference made a part of, this Agreement (the "Easement Premises"), to survey, construct, operate, use, maintain, own, test, inspect, repair, remove, and replace or abandon in place (collectively the "Installation ") an underground storm sewer and any appurtenances thereto (collectively, the "Facilities"), together with all reasonable rights of ingress and egress over, along, across, and upon the Subject Property necessary for the exercise of the rights granted herein. The Village shall, at its sole cost and expense, complete the Installation of the Facilities in a good and workmanlike manner. 3. HOLD HARMLESS. The Village agrees to hold the Owner harmless from all claims, causes of action, suits, damages, or demands that arise directly from the Installation, maintenance, and repair of the Facilities on the Easement Premises. 4. RESERVED RIGHT. The Owner reserves the right to use the Easement Premises in any manner that will not prevent or interfere in any way with the exercise by the Village of the rights granted herein; provided, however, that the Owner shall not permanently obstruct the Easement Premises or cause any permanent improvements or obstructions to be constructed on the Easement Premises that would impair the exercise by the Village of the rights granted herein without the express prior written consent of the Village Manager which shall not be unreasonably withheld, conditioned or delayed. 2 5. ADDITIONAL EASEMENTS. The Owner shall have the right to grant other non-exclusive easements over, along, across or upon the Easement Premises; provided, however, that any such other easements shall be subject to this Agreement and the rights granted hereby; and provided further, that the Village Manager shall have first consented in writing to the terms, nature, and location of any such other easements which shall not be unreasonably withheld, conditioned or delayed. 6. VILLAGE RESTORATION. Upon completion of any Installation, the Village agrees to (a) replace and grade any and all topsoil removed by the Village; (b) restore to condition immediately preceding the Installation any and all fences, roads, curbs, signage, lighting facilities, and improvements that are damaged or removed as a direct result of the Installation; and (c) replace any and all natural grass removed by seeding with a good quality seed. 7. 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 Subject Property and shall be binding upon and inure to the benefit of the Owner and the Village and their respective heirs, executors, administrators, successors, assigns, agents, licensees, invitees, and representatives, including, without limitation, all subsequent owners of the Subject Property, or any portion thereof, and all persons claiming under them. If any of the easements, rights, restrictions, agreements or covenants created by this Agreement would otherwise be unlawful or void for violation of (a) the rule against perpetuities or some analogous statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory or common law rules imposing time 3 limits, then such easements, rights, restrictions, agreements or covenants shall continue only until 21 years after the death of the last survivor of the now living lawful descendants of the current Governor of the State of Illinois. 8. ASSIGNMENT OF RIGHTS. The Village may assign its rights or delegate its duties under this Agreement to any assignee, agent, or contractor: (a) who is reasonably competent to exercise the rights granted herein and the obligations imposed herein; and (b) who makes adequate assurances to the Owner that any activity performed pursuant to such assignment or delegation shall be conducted in a good and workmanlike manner. 9. AMENDMENT. This Agreement may be modified, amended, or annulled only by the written agreement of the Owner and the Village, and a copy or memorandum of such written agreement is recorded in the Official Records of Lake County, Illinois. [Remainder of Page Intentionally Left Blank Signature Pages Follow] 4 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on the date first above written. ATTEST: s DY JENNIFER CAPOZZI By: An VILLAGE OF DEERFIELD By. 2z",�Q 6L'i ' EXHIBIT A Legal Description of the Subject Property LOT 57 IN NIXON-BLIETZ DEERFIELD DEVELOPMENT UNIT NUMBER 1, BEING A SUBDIVISION OF PARTS OF THE SOUTHWEST OF THE SOUTHWEST QUARTER OF SECTION 27, AND THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 26, 1959 AS DOCUMENT 1049637, IN BOOK 34 OF PLATS, PAGE 147, IN LAKE COUNTY, ILLINOIS. Property Address (commonly known as): 126 Millstone Road, Deerfield, IL 60015 Permanent Real Estate Index No. 16-27-306-080-0000 A-1 EXHIBIT B Depiction of the Easement Premises IM Storm Sewer_& Drainage Easement \ / W E LOT 57 IN NIXON-BUFrZ DEERFELD DEVELOPMENT UNIT NUMBER 1, BEING A SUBUIYtWN OF PARTS OF THE \ 1, SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27. AND THE NDRTHWEST QUARTER OF THE AI NORTHWEST QUARTER OF SECTION 34, TOWNSHIP ♦B NORTH, RNxE 12. EAST OF THE THIRD PRINCIPAL uUmM, CS \ y� ti ACCORONG TO THE PL41 THEREOF RECORDED OCRIBER 26. 1959 AS DOCUMENT 1OA9637. IN BOOK .7N OF PLATS, \ YJ� .,NFiti PAGE IA7. N TArZ COUNTY. ILLINOIS. \ \ SCNE 1'=30' COMMONLY KNOWN AS: 126 MILLSTONE ROAD. DEERFIERD, ILLNOIS e/ \ CQ o tiry / \g Al / 5 5 PEE EGA / BVEAL�,Nt ye. A / � I / I 04/91,49 DOLAVD £NCIN£EATINC. LLC / -CIrIL eACINseR1LC - fLlD sURVLYfhL - IA. PIAN,WAL- 33I GST C9LFAx STRL" SUITE C / PALATINE. 7LLINOIS 60 R64 (ANT) --s- (AITJ 93I-31E) FAX