O-018ORDINANCE NO. / O
AN ORDINANCE TO APPROVE THE ENTRY INTO
AN EASEMENT AGREEMENT FOR THE BENEFIT
OF THE VILLAGE OF DEERFIELD AND THE
CITY OF HIGHLAND PARK FOR AN ADDITION-
AL WATER SUPPLY TO THE VILLAGE OF DEERFIELD
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF DEERFIELD, LAKE COUNTY, ILLINOIS:
SECTION 1: That an Agreement for an Easement,
bearing date of February 11, 1948, by and between RUTH C.
ROBINSON and JOHN L. ROBINSON, her husband, of Highland Park,
Illinois, and the CITY OF HIGHLAND PARK, a municipal corporation
of Lake County, Illinois, and the VILLAGE OF DEERFIELD, a munici-
pal corporation of Lake County, Illinois, a conformed copy of
which said Easement Agreement is attached hereto, marked Exhibit
"A ", and made a part hereof, granting unto the said CITY OF
HIGHLAND PARK and the said VILLAGE OF DEERFIELD an easement over
lands owned by said RUTH C. ROBINSON and JOHN L. ROBINSON, her
husband, upon the terms and conditions and over the lands fully
described in said Exhibit "A", for the purpose of constructing
a water main through and under that portion of the said lands
described in said Easement, for the purpose of furnishing an
additional supply of water to the said VILLAGE OF DEERFIELD, be,
and the same is hereby approved, authorized, confirmed and ratified.
SECTION 2: That the President of the Board of
Trustees and the Villlage Clerk are hereby authorized and directed
to execute, deliver and affix the corporate seal of the VILLAGE
OF DEERFIELD to the said Easement Agreement, and on behalf of the
said VILLAGE OF DEERFIELD, to -take such other and further steps
as may be necessary and consistent with the purposes of said
MEL
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Easement agreement and this Ordinance.
SECTION 3: That all ordinances or parts of ordinances
in conflict with this ordinance be and the same are hereby re-
pealed.
SECTION 4: That this-(- otdinance shall be in full
force and effect as of March 9, 1948 and from and after its passage
and approval according to law.
PASSED this 9th day of March, 1948.
AYES NAYS
APPROVED this 9th day of March, 1948.
ATTESTED and FILEUn
my office t is
day of ,
A.D. 19-4'e-.—
i
Vi age Clerk
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President or the Boara or
Trustees of the Village of
Deerfield, Lake County,
Illinois
EXHIBIT "A11
EASEMENT
THIS EASEMENT, Made this 11th day of
February, 1948, between RUTH C. ROBINSON and JOHN L.
ROBINSON, her husband, of the County of Cook and State
of Illinois, hereinafter referred to as the "Grantors"
and the CITY OF HIGHLAND PARK, a municipal corporation
of Lake County, Illinois, and the VILLAGE OF DEERFIELD,
a municipal corporation of Lake County, Illinois, here-
inafter referred to as the "Grantees", WITNESSETH:
W H E R E A S
The Grantor, RUTH C. ROBINSON, is the owner
in fee simple of the premises described as follows, to-
wit:
That part of the Northwest quarter (NW 1/4)
of the Northeast quarter (NE 1/4) of Sec-
tion Twenty -eight (28), Township Forty -
three (43) North, Range Twelve (12), 'East
of the Third Principal Meridian, lying
Southwesterly of the center line of the
highway in said quarter quarter known as
Ridge Road, and lying Southerly of a line
which begins at a point in the West line
of said quarter quarter section Two Hundred
Six and Forty -seven hundredths (206.47)
feet North of the Southwest corner of said
quarter quarter and runs thence North Fifty-
' one Degrees Fifteen Minutes East ( N 510
151 E) Six Hundred Thirty -three and Eight
tenths (633.8) feet to the center line of
said Ridge Road, all in Lake County, Illinois,
and
The said VILLAGE OF DEERFIELD proposes to con-
struct and maintain a water main through and under the
said premises upon the conditions as hereinafter set forth.
W.* -- T. H, E _'-R E F 0 R E
IN CONSIDERATION of the sum of ONE DOLLAR
($1.00) in hand paid by the Grantees to the Grantors,
the receipt of which is hereby acknowledged, the Gran=
tors hereby grant, unto the Grantees, and to each of
them severally, and their respective successors and
assigns, full and free right and authority to install
water mains through and under that portion of the above
mentioned premises described as follows:
A part of the Northwest quarter (NW 1/4 )
of the Northeast quarter (NE 1/4) of Sec-
tion Twenty -eight (28), Township Forty -
three (43) North, Range Twelve (12), East
of the Third Principal Meridian, more
particularly described as a strip of land
ten (10) feet in width whose center line
originates in the center line of the
highway in said quarter quarter ]mown
as Ridge Road at a point Five Hundred.
Seventy -six and Twenty -six Hundredths
(576.26) feet Northwesterly from the.
South line of said quarter quarter section,
as measured along said enter line of
Ridge Road and terminates in the South
line of said quarter quarter section, at
a point Eight Hundred Ninety -nine and
Sixty -one hundredths (899.61) feet West
of said center line of Ridge Road, as
measured along said South line of said
quarter quarter section, in Lake County,
Illinois,
to dig a ditch thereon and to construct and lay therein
at a depth of not less than six feet water mains, to-
gether with all necessary appurtenances and fixtures,
according to their requirements, provided that no such
appurtenances or fixtures, other than fire hydrants,
shall extend above the level of the surrounding ground;
to maintain, inspect, repair, replace, remove and recon-
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0
struct said water mains, appurtenances and fixtures,
from time to time and to open and reopen said ditch
for said purposes; to enter upon the last above des-
cribed premises, and have access to said water mains
or any part thereof for the purposes hereinabove set
forth.
The said VILLAGE OF DEERFIELD covenants with
the Grantors-that at least one fire hydrant shall be in-
stalled at such place on the last -above described prop-
erty as shall be designated by Grantors and that said
VILLAGE OF DEERFIELD shall maintain said fire hydrant
in good working order at said location.
The Grantees covenant with the Grantors that
the Grantees, their successors and assigns, will close
said ditch after each opening thereof so that no unnec-
essary damage will be done to said premises and so that
upon the completion of each opening and closing thereof,
the surface shall be restored as near to its previous
condition as shall be reasonably possible, such restora-
tion to include refilling in case of settlement of the
original or any subsequent filling, and that the owner
or owners of the first above described premises, or any
part or parts thereof, may at any time or times herafter
tap or otherwise make connection with said water main and
acquire from either Grantee water for the purposes of such
owner or owners upon payment of standard charges for such
water and upon compliance with standard rules, such charges
and standard rules to be those applicable from time to
time for the making of such tapping or other connection
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and for the consumption of water in other portion- of
the said CITY OF HIGHLAND PARK.
The Grantors covenant that they will not at
any time during the existence of this agreement place
or permit to be placed any roadway or pavement upon the
last above described premises, except for private drives
and intersecting streets, if any, crossing said premises.
It is.understood and agreed by all of the
parties hereto that the required water meter is to be
placed at the easterly terminal of the water main to be
constructed within the easement herein granted, and fur-
ther, that at any time, the said CITY OF HIGHLAND PARK
-may elect to have the said.water meter removed, and re-
move the same, to a point at or near the westerly term-
inal of said water main. It is also understood and
agreed by all of the parties hereto, upon the removal
of said water meter to the westerly terminal of said water
main that all right, title and interest in any water main
then in said easement, together with all necessary ap-
purtenances, and fixtures to said wtLter main, shall there-
by automatically be transferred to the CITY OF HIGHLAND
PARK, and the said CITY OF HIGHLAND PARK shall thereafter
be responsible for the maintenance of said water main
and all of its appurtenances and fixtures.
This agreement shall be binding upon and shall
inure to the benefit of the respective heirs, executors,
administrators, successors and assigns of the parties
hereto.
0
G �
IN WITNESS WHEREOF, the Grantors have here-
unto set their hands and seals and the Grantees have
signed this document to indicate their acceptance of its
terms and provisions and the covenants undertaken by
said Grantees, all the day and year first above written.
ATTEST:
Edw P. Ohlurin
Acting City Clerk
ATTEST:
Chester Wessling
Village Clerk
Ruth C. Robinson
John L. Robinson
CITY OF HIGHLAIM PARK
Robert F. Patton
By
Mayor
VILLAGE OF DEERFIELD
B Robert S. Alexander
Y
President
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(SEAL)
(SEAL)
•
STATE OF ILLINOIS )
) SS.
COUNTY OF C 0 0 K )
I, KATHARINE D. AGAR,
a notary public in and for the County, in the State
aforesaid, do hereby certify that RUTH C. ROBINSON
and JOHN L. ROBINSON, her husband, 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 acknowledged that they signed, sealed
and delivered the said instrument as their free and
voluntary act, for the uses and purposes therein set
forth.
GIVEN under my hand and notarial seal,
this 11th day of February, A.D. 1948.
Katharine D. Agar
Notary Public
State of Illinois )
Lake County ) SS. No. 638766
Filed for record Mar 18, A.D.
1948 at 2 :15 o'clock P.M. and
duly recorded in Book 859
of Records Page 583
Howard L. Scott
Recorder
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THIS INDENTURE Made this day of
February, 1948, by and between RUTH C. ROBINSON and
JOHN L. ROBINSON,. her husband, of the County of Cook
and State of Illinois, parties of.the first part, and
META A. BRINGMAN, a spinster, of the County of Cook
and State of Illinois, party of the second part,
WITNESSETH THAT:
The parties of the first part, in considers-
tion of the sum of Ten Dollars ($10.00) and other good
and valuable consideration in hand paid by the said
party of the second part, receipt whereof is hereby ack-
nowledged, by these presents do remise, release, alien
and convey unto the said party of the second part, the
following described real estate situate in the Village
of Deerfield, in the County of Lake and State of Illinois,
to-wit:
That part of the Northwest Quarter
(NW 174) of the Northeast Quarter
(NE 1/4) of 8ection,Twenty -eight (28),
Township Forty -three (43) North Range
Twelve (12),-East of'the Third Princi-
pal Meridian, lying Southwesterly of
the.oenter line of the West Skokie Drain-
age ditch.
TO HAVE AND TO HOLD the said premises above
described with the- appurtenances thereto unto the said
party of the second part, her heirs and assigns forever.
IT'IS EXPRESSLY UNDERSTOOD AND AGREED that
the said premises are conveyed subject to'the following:
all
(a) General taxes for the year 1947 and
subsequent years;
(b) Zoning laws and ordinances;
(c) Rights of the public, the municipality,
and the adjoining owners in and to that
part of premises in question, if any,
falling in roads, streets and highways;
(d) Rights of way for drainage ditches,
Feeders and laterals;
(e) Rights of the public and the adjoining and
contiguous owners to have maintained the
free and uninterrupted flaw of the waters
of any stream which may flow on or through
said premises;
(f) Rights of the Village of Deerfield, the
municipality and the public in and to a
strip of land lying parallel with and ex-
tending 10 feet on each side of the follow-
ing described centerline: Beginning at a_
point on the South line of the North half
of the North East quarter of Section Twenty -
eight (28), Township Forty- three.(43) North,
Range Twelve (12), East of.the Third.Prin-
cipal Meridian, One Hundred Eighty -five (185)
feet .East of, the South West corner of the
North West quarter of the North East quarter*
of Section Twenty4►elght ' (28) , Township Forty -
three (43) North, Range Twelve (12), East
of the Third Principal Meridian; thence on
a straight line to a point on the West line
of the North East quarter of Section Twenty -
eight (28), Township Forty -three (43) North,
Range Twelve (12), East of the Third Prin-
o1pal Meridian, One Hundred Ten (110.) feet
North of the South West corner of the North
West quarter of the North.East quarter of.
Section Twenty -eight (28), Township Forty -
three (43) North, Range Twelve (12), East
of the Third Principal'Meridian, as was con-
demned for the construction of a system of
sanitary sewers, together with manholes,
sewerage disposal plant, and all auxiliaries
and appurtenances thereto, known as "The East
Side Sanitary Sewer System ", as disclosed by
Condemnation and Special Assessment Proceed-
ings in the County Court of lake County,
. Illinois, Docket No..34.
The parties of the first part covenant only that,
except as to the matters and things to which this con-
veyance is subject, they have not done or suffered to
be done anything whereby the said premises hereby granted
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have been encumbered in any way whatsoever.
The parties of the first part waive and re-
lease any and all rights under and by virtue.of the Home -
stead Exemption Laws of the State of Illinois.
IN WITNESS WHEREOF, the parties of the first
part have hereunto set Their hands and seals the day
and year first above written.
' ••NT L5 25 ENT ti:J�. % CEMT•. .
STATE OF ILLINOI )
SS:
COUNTY OF )
SEAL)
I; tit A AA 0 a Notary Public
in and for sad County, in the Sta aforesaid, do..hereby
certify -that RUTH C. ROBINSON and HN L., ROBINSON, her
husband, personally known to me.to a the some persons
whose names are subscribed to the foregoing instrument,
appeared before me this day in person and acknowledged that
`: they signed, sealed and.delivered the said instrument as
,,,►<<�!;;;, .� their free and voluntary act, for the uses and purposes
1, ;. 1 " .,,? herein set forth, including the release and waiver of
t�.E' a'
e right of homestead.
GIVEN under my hand and notarial seal this
Ytay of. February , 1948.
State of Illinois �3 � 65
Lake County ss No,_
Filed for record MAR 1 8_ A. 0�
197/yat_! s__o'clock_M. and
duly recorded in Book_..__
of_RECQg'_ -- _Page -- �-� --
Recorder
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