Ordinance 2009-07 STATE OF ILLINOIS )
COUNTY OF KENDALL )
KENDALL ( 'IL
RECORDED: 3/5/2005 12:36 GM
( I� OHDI: 54.00 PARkO�E'S rEt: 10.00
l a� ' S: 5
Ordinance No. 2009 - 01
ORDINANCE APPROVING A PERMANENT TRAIL EASEMENT AGREEMENT WITH
RAINTREE VILLAGE HOMEOWNER'S ASSOCIATION
WHEREAS, the United City of Yorkville (the "City ") is a duly organized and validly
existing non - home -rule municipality created in accordance with Article VII, Section 7 of the
Constitution of the State of Illinois of 1970; and,
WHEREAS, Raintree Village Homeowner's Association (the "Grantor ") is the owner of
a certain parcel of real estate which is located between Hazeltine Way and Route 71 in Yorkville,
Illinois (the "Subject Property "); and,
WHEREAS, the Grantor grants to the United City of Yorkville, Kendall County, Illinois
(the "Grantee "), a non exclusive, permanent easement on the Subject Property (the "Permanent
Trail Easement "), in accordance with the conditions described in the Grant of Permanent Trail
Easement Agreement, attached hereto and incorporated herein; and,
WHEREAS, the Grantee intends to use the Permanent Trail Easement to construct,
replace, maintain, and operate a trail on the Subject Property.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, that the Grant of Permanent Trail Easement
Agreement by and between Raintree Village Homeowner's Association 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
\Q Day of , A.D. 2009.
RK
ROBYN SUTCLIFF JOSEPH BESCO
GARY GOLINSKI ARDEN JOSEPH PLOCHER .�
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS BOB ALLEN
C
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
O Day of FE- 6P-uA- y , A.D. 2009.
MAYOR
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GRANT OF PERMANENT
TRAIL EASEMENT AGREEMENT
KNOW ALL MEN BY THESE PRESENTS:
W rity ce Y i 1,
THAT the Grantors: j )V=U,)WA 6 q i e antion of the sum of TEN
DOLLARS ($10.00) and other good and valuable consideration, the receipt of which is hereby
acknowledged do hereby grant, bargain, sell and convey to the UNITED CITY OF
YORKVILLE, a Municipal Corporation, its successors, and assigns, hereinafter referred to as
Grantee, in consideration of the covenants to be kept and performed by the Grantee herein, a non
exclusive, permanent easement (the "Permanent Trail Easement "), as described herein, to
construct, replace, maintain, and operate a trail, in the event any is actually installed in, upon,
and across the tracts of land described as follows, to -wit:
BURDENED PARCEL
Grantors are the owners of that certain tract of land located between Hazeltine Way and Route 71
in the City of Yorkville, Kendall County, State of Illinois and legally described as "Grantor's
Property" on the attached Exhibit A, Plat of Easement.
PERMANENT TRAIL EASEMENT
The Permanent Trail Easement shall be that certain real property located upon the Grantor's
property and legally described under "Easement Legal Description" on the attached Exhibit A,
Plat of Easement.
Said grant of easement is made under the additional following terms and conditions:
1. Grantee's use of the Permanent Easement Area shall be solely for the purpose of
constructing, installing, operating, maintaining, and replacing a trail in and upon
the Permanent Easement Area at Grantee's sole cost and expense.
2. Grantee shall thereafter, at Grantee's sole cost and expense:
a. Restore the natural area/grassy surface of said Permanent Easement Area
in a uniform manner, free of all debris, rocks in excess of one inch (1 "), and
gravel, and provide a covering of a minimum of six inches (6 ") of clean, black,
fertile top soil, and establish a healthy stand of turf or plants;
b. Replace all lot lines and property line stakes moved or disrupted in the
course of performing any work in connection with the purpose of which the
easements herein are granted.
3. All construction, extension, reconstruction, maintenance, repairs, replacements or
any other work by Grantee shall be performed in accordance with all applicable
building and construction laws.
4. Grantee agrees that it will not change the natural flow of water as a result of its
actions in constructing, installing, operating, maintaining, and /or replacing any
portion of the Permanent Easement Area. To the extent that the natural flow of
water is disrupted or regrading of the Permanent Easement Area occurs, Grantee
agrees that the water disruption or regrading shall be included within the
Grantee's hold harmless and insurance obligations contained in paragraph 5
below.
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5. Grantee shall defend and hold Grantor hannless from any and all claims, causes
of action, damages, lawsuits and /or administrative proceedings now or hereafter
existing and resulting from the Grantee's use of the Permanent Easement Area,
including any claims, causes of action, damages, lawsuits and /or administrative
proceedings alleged to be as a result of any construction or regrading that the
Grantee performs on the Permanent Easement Area except for any such
proceedings allegedly resulting from Grantor's own negligence in construction. In
addition, the Grantee shall cause Grantor to be named as an additional insured by
any general contractor retained to perform work for the constructing, installing,
operating, maintaining, and replacing any portion of the Permanent Easement
Area.
Said grant of easement is further made under the additional following terns and
conditions per Yorkville- Bristol Sanitary District (YBSD):
6. Grantee shall defend and hold the Yorkville - Bristol Sanitary District and its
successors and assigns harmless from all claims, injuries, suits, damages, costs,
losses, and reasonable expenses resulting from or arising out of the construction,
installing, operating, maintaining, and replacing any portion of the Permanent
Easement Area, including damage to the existing sanitary sewer pipeline or any of
its appurtenances and the leaking of its contents, except where the claims,
injuries, suits, damages, costs, losses, and expenses arise out of the negligence or
intentional acts of the Yorkville- Bristol Sanitary District and its agents,
successors or assigns.
7. Grantee shall cause the Yorkville - Bristol Sanitary District and agents, successors
and assigns to be named as an additional insured by any general contractor
retained to perform work for the constructing, installing, operating, maintaining,
and replacing any portion of the Permanent Easement Area. Said insurance
coverage shall be primary and non - contributory.
8. Grantee shall repair any damaged or otherwise disturbed sanitary manhole,
manhole cover, manhole frame, manhole chimney or sanitary sewer as a result of
the proposed improvements. Grantee shall adjust all sanitary manholes to grade
due to any change in ground elevations resulting from constructing, installing,
operating, maintaining, and replacing any portion of the Permanent Easement
Area. All repairs and adjustments shall be made by Grantee in accordance with
the latest edition of the Standard Specifications for Sanitary Sewer Construction
in the Yorkville - Bristol Sanitary District.
9. All notices and demands hereunder shall be in writing and shall be deemed
properly served if delivered in person to the party td whom it is addressed, or five
(5) days after deposit in the U.S. Mail if sent postage prepaid by United States
registered or certified mail, return receipt requested, addressed as follows:
If to Grantee: City Engineer
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
If to Grantors: al e— Y 1
MUR3_L _S- (Street
Yorkville, Illinois 60560
If to YBSD: Executive Director
Yorkville - Bristol Sanitary District
P.O. Box 27
Yorkville, IL 60560 -0027
10. Said permanent easement shall be binding upon the successors, heirs, and
assigns of each party hereto.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
IN WITNESS WHEREOF, the Grantors and Grantee have hereunto set their hands and
seal this A�A day of bc+&p r , 2008.
I v,
Mayor, United City of Yorkvi le Owner
y Cler ner
STATE OF ILLINOIS )
COUNTY OF KENDALL )
v n h n B u � C r and M � Zl i 1 6' allege and state that they have read the foregoing Grant of
Permanent Trail Easement Agreement by them subscribed, that they have knowledge of the facts
and contents contained therein, and that the facts as alleged therein are true in substance and in
fact.
Owner OAner
Subscribed and sworn to before me,
Uc,� obe r zc 2008.
N t r b is
"OFFICIAL SEAL"
Mindy A. Stehl
Prepared by and return to: Notary Public, State of Illinois
City Attorney Kathleen Field Orr My Commission Expires 424.2010
800 Game Farm Road
Yorkville, Illinois 60560
(630) 553 -4350
STATE OF ILLINOIS)
)ss
COUNTY OF KENDALL)
APPROVED AND ACCEPTED BY THE YORKVILLE- BRISTOL SANITARY DISTRICT.
THIS 25 DAY OF J 2009.
a Exec 've Director OFFICIAL SEAL
ANNE M WILLIAMS
NOTARY PUBLIC STATE OF ILLINOIS
MY COMMISSION EXPIRES:12117112
ATTEST:�
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EASEMENT LEGAL DESCRIPTION
COMMENCING AT THE NORTHWEST CORNER OF LOT 17 IN RAINTREE VILLAGE UNIT ONE, BEING A SUBDIVISION
OF PART OF THE SOUTH HALF OF SECTION 4 AND PART OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE UNITED CITY OF YQRKVILLE, KENDALL COUNTY, ILLINOIS;
THENCE SOUTH 12 DEGREES 43 MINUTES 53 SECONDS EAST ALONG THE WEST LINE OF SAID LOT 17, 71.00
FEET FOR THE POINT OP BEGINNING; THENCE SOUTH 35 DEGREES 213 MINUTES 20 SECONDS EAST, 51.74
FEET; THENCE SOUTH i2 DEGREES 43 MINUTES 53 SECONDS EAST, 284.41 FEET; THENCE SOUTH 10
DEGREES 00 MINUTES 31 SECONDS WEST, 5174 FEET TO SAID VEST LINE; THENCE NORTH 12 DEGREES 43
MINUTES 53 SECONDS WEST ALONG SAID WEST LINE, 379.84 FEET TO THE POINT OF BEGINNING.
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EXHIBIT LOT 17 IN RAINTREE VILLAGE UNIT ONE. BEING A SUBDIVISION OF PART OF THE SOUTH HALF OF SECTION 4
AND PART OF SECTION 9, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE
UNITED CITY OF YORKVILLE, KENDALL. COUNTY. ILLINOIS,
PLAT O EASEMENT EASEMENT LEGAL DESP110N
COMMENCING AT THE NORTHWEST CORNER OF LOT 17 IN RAINTREE VILLAGE UNIT ONE. BEING A SUBDIVISION
FOR Of PART OF THE SOUTH HALF OF SECTION 4 AND PART OF SECTION 9, TOWNSHIP 36 NORTH, RANGE 7
v EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY. ILLINOIS;
PEDESTRIAN AND BIKE TRAIL FE THENCE SC 12 DEGR 4µN SECONDS E�. MINUTES ET N° SOUTH 10; > 4°°
TO THE DEGREES DO MINUTES 31 SECONDS WEST, 51.74 FEET TO SAID WEST UNE; THENCE NORTH 12 DEGREES 4 3
MINUTES 53 SECONDS WEST ALONG SAID WEST LINE, 379.84 FZET TO THE POINT OF BEGINNING.
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
Sl A
t POINT OF \
COMMENCEMENT N
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POINT of
�BEGINNINr
0 40 80
SCALE FEET
P.l,Nd 05 -04- 373 -001
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) STATE OF ILUNCIS
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f i1;IS IS TO CERTIFY THAT ENGINEERING ENTERPRISES, INC. HAS
PREPARED THIS PLAT OF EASEMENT AS SHOWN BY THE ANNEXED
p PLAT WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID
PROPERTY, FOR THE USE AND PURPOSES DESCRIBED HEREIN.
ItA ALL DISTANCES SHOWN ARE IN FEET AND DECIMALS THEREOF.
4 ; GIVEN UNDER MY HAND AND SEAL AT SUGAR GnOVE, ILLINOIS,
THIS 16TH DAY OF NO'rzMBER, 2008.
�4 r �RCreS`�onw j y
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„u �lli'dEY
By ���
4015 G.
Engineering Enterprises, Inc. 4AND�1 fiIII���R1G���
CIVIL ENGINEE€2S A LAND SURVEYORS ENGINEERING ENTERPRISES, INC.
52 Wheeler Road PROFESSIONAL DESIGN FIRM f164 002003
Sugor Grove, 111 :nois 60554 (EXPIRES O4 30 - 09) PROJECT N0; X00817
630.466.6700 / vwmeeiweb.corn FILE NO. Y00517 —PLAT