HomeMy WebLinkAboutR-25-06VILLAGE OF DEERFIELD
RESOLUTION NO. 2025- R-25-06
A RESOLUTION APPROVING A UTILITY EASEMENT AGREEMENT
(943 Forest Avenue)
WHEREAS, the Village of Deerfield ("Village') is a home rule municipality in
accordance with Article VII, Section 6 of the Constitution of the State of Illinois of 1970;
and
WHEREAS, Brian M. Hayes and Kathleen S. Hayes (collectively, "Owner') are the
owners of the property located at 943 Forest Avenue, Deerfield ("Property'); and
WHEREAS, the Owner desires to grant the Village an easement to make
stormwater improvements on the Property, necessitating the Village to obtain easements
on the Property pursuant to an easement agreement ("Easement Agreement'); and
WHEREAS, the Village Board has determined that approval of the Easement
Agreement will serve and be in the best interests of the Village and its residents;
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 EASEMENT AGREEMENT. The Village Board
hereby approves the Easement Agreement, substantially in the form attached to this
Resolution as Exhibit A, and in a final form to be approved by the Village Manager and
the Village Attorney.
SECTION 3: AUTHORIZATION TO EXECUTE EASEMENT AGREEMENT.
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 Agreement and all
necessary documentation related thereto.
SECTION 4: EFFECTIVE DATE. This Resolution shall be in full force and effect
from and after its passage and approval according to law.
[SIGNATURE PAGE FOLLOWS]
4907-3091-8415, v. 1
AYES: Benton, Berg, Goldstone, Jacoby, Oppenheim
NAYS: None
ABSTAIN: None
ABSENT: Metts-Childers
PASSED: February 3, 2025
APPROVED: February 3, 2025
RESOLUTION NO: R-25-06
ATTEST:
al-5-.
Village . lerk
Daniel C. Shapiro, Mayor
OF DF
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4907-3091-8415, v. 1
EXHIBIT A
EASEMENT AGREEMENT
4907-3091-8415, v. 1
PREPARED BY AND AFTER
RECORDING RETURN TO:
ELROD FRIEDMAN LLP
325 N LASALLE STREET
SUITE 450
CHICAGO, IL 60654
ATTN: BENJAMIN SCHUSTER
For Recorder's Use Only
NON-EXCLUSIVE PERMANENT EASEMENT AGREEMENT
FOR UTILITIES
THIS AGREEMENT is dated as of this day of FL115,M Y , 2025, by and between
the Village of Deerfield, an Illinois home rule municipal corporation (the "Village'l, and Brian
M. Hayes and Kathleen S. Hayes, husband and wife, as tenants by the entirety (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 943
Forest Avenue, Village of Deerfield, County of Lake, 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') Village utilities, including, without limitation, stormwater
utilities, 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.
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4905-4322-2287, v. 1
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.
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
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.
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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]
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4905-4322-2287, v. 1
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed on the date first above written.
ATTEST:
ATTEST:
ATT ST:
BRIAN M. HAYES
By:
KATHLEEN S. HAYES
By, n
VILLAGE OF DEERFIELD
By: I/�--^
4905-4322-2287, v. 1
EXHIBIT A
Legal Description of the Subject Prop
LOTS 12 AND 13 IN BLOCK 16 IN DEERFIELD PARK LAND AND IMPROVEMENT
ASSOCIATION SUBDIVISION IN THE SOUTH EAST 1/4 OF THE SOUTH EAST 1/4 OF
SECTION 29, TOWNSHIP 43 NORTH, RANGE 12, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 5, 1898 AS
DOCUMENT 70892 IN BOOK "D" OF PLATS, PAGES 64 TO 67, IN LAKE COUNTY,
ILLINOIS.
Property Address (commonly known as): 943 Forest Avenue, Deerfield, IL 60015
Permanent Real Estate Index No. 16-29-419-006-0000
A-1
4905-4322-2287, v. 1
EXHIBIT B
Depiction of the Easement Premises
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