Resolution 2008-27 STATE OF ILLINOIS )
) ss.
COUNTY OF KENDALL )
Resolution No. 2008-A—
RESOLUTION APPROVING A TEMPORARY STORMWATER
MANAGEMENT EASEMENT AGREEMENT WITH COPLEY VENTURES,INC.
WHEREAS, Copley Ventures, Inc., an Illinois corporation ("Copley") is the owner in
fee simple of a certain parcel of real estate which is located south of Veteran's Parkway and west
of the proposed Beecher Road in Yorkville, Illinois, hereafter referred to as "Subject Property";
and,
WHEREAS, Copley intends to develop the Subject Property as a medical healthcare
campus in several phases of construction beginning with a medical office building to be
constructed as the first phase of development which shall be located just south of Veteran's
Parkway; and,
WHEREAS, Copley intends to provide all required stormwater management within an
on-site stormwater basin and shall ensure that such on-site detention basins are equipped with
storm sewer outfall pipe as the phases of development may require, all as set forth in the
Temporary Stormwater Management Easement Agreement attached hereto and made a part
hereof.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, that the Temporary Stormwater Management
Easement Agreement by and between Copley Ventures, Inc., an Illinois corporation and the
United City of Yorkville, in the form attached hereto and made a part hereof,is hereby approved;
and, the Mayor and City Clerk are hereby authorized to execute and deliver same; and, to
undertake any and all actions required to implement the terms thereof.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
day of r--� ^- _ ,A.D. 2008.
ROBYN SUTCLIFF JOSEPH BESCO
ARDEN JOE PLOCHER WALLY WERDERICH _
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS � BOB ALLEN
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this day of J(A)-- , A.D. 2008.
Mayor
Attest:
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PAGES: 9
TEMPORARY STORMWATER MANAGEMENT
EASEMENT AGREEMENT
This Agreement is made this rZZday of/ ,±,, , 2008, by and between
Copley Ventures Inc, an Illinois corporation, (lWre'inaft&'referred to as "Grantor"), and The
United City of Yorkville., an Illinois municipal corporation (hereinafter referred to as
"Grantee"). The Grantor and Grantee are sometimes individually referred to as "Party" and
collectively referred to as"Parties"herein.
WITNESSETH
WHEREAS, Grantor is the owner in fee simple of a certain parcel of real estate, which is
legally described on "Exhibit A" attached hereto and made a part hereof which is located south
of Veteran's Parkway and west of the proposed Beecher Road in Yorkville Illinois, hereinafter
referred to as"Subject Property"; and
WHEREAS, Grantor intends to develop the Subject Property as a medical healthcare
campus in several phases of construction beginning with a medical office building to be
constructed as the first phase of development which shall be located just south of Veteran's
Parkway; and
WHEREAS, Grantor intends to provide all required storm water management for the first
phase of construction within an on-site storm water basin as depicted in Exhibit "B" attached
hereto and incorporated herein; and
WHEREAS, said storm water detention basin will not be equipped with a storm water
outfall pipe during the first phase of construction on the Subject Property; and
WHEREAS, Prior to Grantor commencing additional phases of build-out on the Subject
Property, which create additional impervious areas, and cause the Easement Area defined in
Exhibit "B" to become insufficient due to lack of adequate depressional storage , Grantor shall
ensure that the on-site detention basin and/or basins located on the Subject Property are equipped
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with a storm sewer outfall pipe; and
WHEREAS, prior to undertaking construction of any additional phases of development
on the Subject Property, Grantor shall provide Grantee with a storm water management analysis,
prepared by a Illinois licensed Civil Engineer, indicating whether or not the bounds of the
Easement Area are sufficient to accommodate the required depressional storage for additional
development without the installation of an outfall pipe.
WHEREAS, the CITY shall have final authority in determining if the Easement Area is
sufficient to accommodate any additional phases of development on the Subject Property.
WHEREAS, during the interim period of time when the on-site detention facility serving
the first phase of development is not equipped with a storm sewer outfall pipe a 100 year rainfall
event may occur which causes an overflow of water from the on-site detention basin into other
area of the Subject Property.
WHEREAS, the parties wish to memorialize an agreement as to the granting of a
temporary access easement covering the entire Subject Property to provide the grantee with the
ability to enter the Subject Property to monitor, inspect, maintain and repair the on-site storm
water management facility and interim high water level areas on an emergency basis.
NOW, THEREFORE, in consideration of ten ($10.00) dollars in hand paid and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the following agreements, covenants and restrictions are made:
1. Incorporation of Recitals. The foregoing recitals are substantive and are
incorporated by reference in this paragraph 1 as though fully set forth herein.
2. Grant of Easements. Grantor hereby grants to Grantee, and to Grantee's
successors and assigns, a temporary, non-exclusive easement over and across the portion of the
Subject Property depicted in Exhibit "B" attached hereto and made a part hereof (hereinafter
referred to as the "Easement Area"), consistent with and for the purposes set forth in the terms of
this Agreement; and a temporary, non-exclusive access easement over the entire Subject
Property. The Easements granted herein shall automatically terminate upon the Grantor's
equipping the on-site detention basin and/or basins with a storm sewer outfall pipe.
3. Purposes of the Easements. The purposes of the easements granted herein are:
a. The temporary, non-exclusive easement over the Easement Area is for the
temporary right, privilege and authority, but not the obligation, to survey and inspect, and
construct, reconstruct, repair and maintain, but only in cases of emergency, the storm
water management area which is depicted as the "Interim High Water Level" (hereinafter
"HWL") on the HWL Exhibit attached hereto as Exhibit "B", together with any and all
manholes catch basins, sanitary sewers, connections, ditches, swales, and other structures
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and appurtenances as may be deemed necessary by Grantee. The right is also granted to
cut down, trim, or remove any trees, shrubs, or other plants on the Easement Area that
interfere with the operation of the storm water management facilities located on the
Subject Property.
b. The temporary, non-exclusive access easement over the entire Subject Property is
for the right of access across the Subject Property in the event of an emergency, together
with necessary equipment, to do any of the work or perform any of the easement rights
described in paragraph 3.a. above. Grantor shall remain primarily responsible for the
operation, maintenance, and repair of the storm water management area and
appurtenances. Grantee will perform only emergency procedures as deemed necessary
by the Grantee's Engineer.
4. Grantor Restrictions. During the term of this Agreement, Grantor shall not:
a. place any permanent buildings on the Easement Area; or
b. change the topography or storm water management structures within the
Easement Area prior to Grantee's approval. Notwithstanding the foregoing, the storm
water management structures within the Easement Area may be used for purposes that do
not then or later interfere with the Grantee's rights herein.
5. Conduct and Coordination of Maintenance, Repair and Replacement. All
entries by Grantee upon the Easement Area shall be done in a manner to so as to minimize
impact upon the activities of the Grantor. However, any damage to the Subject Property caused
as a result of Grantee's activities on the Easement Area or the Subject Property shall be the
obligation of the Grantor to correct and restore to its original condition.
6. Grantee's Costs. In the event of an emergency effecting properties adjacent to
the Subject Property requiring maintenance or repair of the Easement Area, Grantee may, at its
option, perform such maintenance, repair, replacement. Grantor shall, upon presentment of
verification by Grantee, immediately reimburse Grantee for any and all costs and charges
associated therewith.
In the event of a failure by Grantor to maintain and repair the Easement Area and the
improvements thereon, which impacts adjacent property owners or Grantee, then Grantee shall
notify Grantor in writing of such failure. If Grantor fails to remedy such failure within thirty
(30) days after receipt of such notice or, if such failure cannot reasonably be cured within such
thirty (30) days, or in the event Grantor fails to commence the cure of such failure within such
thirty (30) day period and diligently pursue such cure to completion, Grantee may, at its option,
perform the obligation which Grantor has failed to properly perform hereunder and Grantor shall,
upon notice from Grantee, immediately pay to Grantee any and all costs and charges associated
therewith.
In the event that Grantee assumes any of Grantor's obligations pursuant to this paragraph,
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Grantee shall be entitled to recover from Grantor, upon request, the charges, fees, costs, and
expenses reasonably incurred by Grantee.
7. Covenants Running with the Land. All provisions of this Agreement,
including the benefits and burdens set forth herein, shall run with the land and are binding upon
and shall inure to the benefit of the successors and assigns of the parties hereto.
8. Transfer of Ownership. Whenever a transfer of ownership of the real estate, or
a part thereof, legally described in Exhibits A occurs, the liability of the transferor for any breach
of covenant occurring thereafter shall automatically terminate with respect to such transferor.
Any transferee shall automatically assume and be bound by the burdens and obligations
hereunder running with the land to the owner of the parcel or portion thereof being transferred.
9. Interpretation. This Agreement shall be interpreted in all respects pursuant to
the laws of the State of Illinois. The rule of strict construction does not apply to the grants
herein. The grants herein shall be given a reasonable construction to carry out the intention of
the parties hereto to confer a commercially usable right of enjoyment to each party.
10. Jurisdiction and Venue. The parties hereby agree that the proper venue for
any actions pursuant to his Agreement, brought by or on the behalf of any of the parties to this
Agreement, shall be heard in the Courts of Kendall County, Illinois. All parties waive any
objections to the jurisdiction of said Court and hereby consent to its jurisdiction.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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[SIGNATURE PAGES FOLLOW]
GRANTEE:
UNITED CITY OF YORKVILLE,An Illinois Municipal Corporation.
By: la h&t 12..2 6��-4
Mayor
By:
C
STATE OF ILLINOIS)
) SS.
COUNTY OF K&NDAu,)
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY
CERTIFY, that VA LEkl E guQD , personally known to me to be the Mayor of
The United City of Yorkville, an Illinois municipal corporation, and
J ACZUELVIJ At I L6cA4EwSK I , personally known to me to be the City Clerk of said
municipal corporation, 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 Mayor and City Clerk, they signed and delivered the said instrument as
such Mayor and City Clerk of said municipal corporation and they caused the corporated seal of
said municipal corporation, as their own 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 this o941 day of SEP�yt&:;, 008.
Notary Public
OFFICIAL SEAL
LISA PICKERING
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES:12113�08
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J
GRANTOR:
COPLEY VENTURES An Illinois Corporation.
By.
It's r id fit
By: --
It's tcretary
STATE OF ILLINOIS)
SS.
COUNTY O�
I, the undersigned, a.Notary Public in and for said County, in the State aforesaid, DO HEREBY
CERTIFY, that ( V C .-(�-n personally known to me to the President of
Copley Ventures, Inc, a Illinois corporation, and r--,n �r-67t1— ,
personally known to me to 6e the Secretary of said corporation, and Versonally 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 President and Secretary, they signed and
delivered the said instrument as President and Secretary of said corporation and they caused the
corporated seal of said corporation, as their own free and voluntary act, and as the free and
voluntary act of said corporation, for the uses and purposes therein set forth.
Given under my hand and official seal this ;�j day of 92008.
Notary Public
"OFFICIAL SEAL"
SUSAN VAN VOLKENBURG
NOTARY PUBLIC,STATE OF ILLINOIS-:
MY COMMISSION EXPIRES 0612922001-
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LIST OF EXHIBITS
Exhibit A: Legal Description
Exhibit B: High Water Level Exhibit
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1
05/06/2008 08;01 6305537575 YOPI(VII.I_E PAGE 09/10
i
I
&HIBIT A
THAT PAPT OF.THE NORTHEAST 114 OF SECTION 30,TOWNSHIP 37 FORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBTD -AS
FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF I SAID
NORTHEAST 114; THENCE SOUTH 01 DEGREES 18 MINUTES 14 SBONDS
13AST ALONG THE EAST LINE OF SAID NORTHEAST 114, 479.42 FEET} TO A
POINT ON THE SOUTH RIGHT OF WAY LINE OF U.S. ROUTE NO. 34 FOR A
POINT OF BEGINNING; THENCE CONTRJUING SOUTH 01 DEG S, 18
Mil's TES 14 SECONDS EAST ALONG SAID EAST LINE, 1431.68 FEET;T iENICE
SOUTH 88 DEGREES 33 MINUTES 00 SECONDS WEST, 1327.15 FELT, O THE
WEST-LENS OIF.THE.BAST 112 .OF SAID NORTHEAST 1/4; THENCE-NO ,TH 01
DEC3RE9S13 MINUTES 35 SECONDS WEST ALONG SAID WEST'LINE, (1569,79
FEET TO A POINT ON SAID SOUTH RIGHT OF WAY LINE; THENCE SO JTH 85
DEGREES 29 MM%UTES 54 SECONDS EAST ALONG SAID SOUTH RI HT OF
WAY LINE, 1331.85 FEET TO THE POINT OF BEGINNING, ALL IN TSTOL
TOWNSHIP, KENDALL COUNTY, ILLINOIS; EXCEPTING THERE FAOM A
SQUARE SHAPED PARCEL COMPRISED OF 60,000 SQUARE FEET 4T THE
NORTHWEST CORNER OF THE ABOVE—DESCRIBED REAL ESTATE,
AND EXEMPTING THEREFROM THE PORTION OF PROPERTY TO BE
CONVEYED TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION WrICH
Xg LEGALLY DESCRXBMD AO FOLLOWS.
PART OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 317,
RANGE 7 OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COL44TY,
ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS. '
i
COMMENCING AT THE NORTHEAST (QUARTER OF SAID SECTION 30,1
THENCE SOUTH 01 DEGREES 14 MINUTES 08 SECONDS BAST, ALOFG
THE EAST LINE OF SAID SECTION 30, 479.42 FEET, TO THE
SOUTHERLY RIGHT OF WAY OF WEST VETERANS PARKWAY (U,S. RQUTE
34) AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH101
DEGREES 14 MINUTES 08 SECONDS EAST, 90.47 FEET; THENCE
NORTH 85 DEGREES 32 MINUTES 37 SECONDS WEST, 13.71 FEET
THENCE NORTH 40 DEGREES 30 MINUTES 56 SECONDS WEST, 106113
FEET; THENCE NORTH 85 DEGREES 30 MINUTES 22 SECONDS WEST,
PARALLEL WITH SAID SOUTHERLY RIGHT OF WAY, 1004.09 FEET
THENCE NORTH 01 DEGREES 15 MINUTES 36 SECONDS WEST, 1.5. 18
FEET, TO SAID SOUTHERLY RIGHT OF' WAYI THENCE .SOUTH 85
DEGREES 30 MINUTES 22 SECONDS BAST, ALONG SAID SOUTHERL*
RIGHT OF WAY, 1085.33 FEET, TO THE POINT OF BEGINNING. I
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EXHIBIT "A"
SCALE: 1" =150'
High Water Level (HWL)
` Exhibit X
(Revision 1)
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9
Consulting Engineers. Land Surveyors & Planners
1 e /' 2280 White Oak Circle, Suite 100
Aurora, Illinois 60502-9675
f v Pli: 630.862.2100 FAX: 630.862.2199
E-Mail: cadd0cemcon.com Website: www.cemcon.corn
NOT=' DISC NO.: R\903667 FILE NAME: EXHIBIT HWL
HIGH WATER LEVELS TO BE CONTAINED
WITHIN THE S'TORMWATE:R EASEMENTS SHOWN DRAWN BY: MCM FLD. BK. / PG. NO.: NA
COMPLETION DATE: 05-23-07 JOB NO,: 903.667
REVISED 05-08-08/SJH
CRANING LOCAION:R:\S03s67\dwv\F.:nalt.\Sw^ E7(tfl8:�!iWL.d.y rAS. _Qp,,tl Copyright,l 2007 Cemcon, Lid. Ali rights reserved.