Ordinance 2008-071 STATE OF ILLINOIS )
ss.
COUNTY OF KENDALL )
Ordinance No. 2008 - \
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, ]KENDALL COUNTY,
ILLINOIS, APPROVING AN EASEMENT AGREEMENT
WHEREAS, the United City of Yorkville (the "City ") is a duly organized and validly existing
non home -rule municipality created in accordance with the Constitution of the State of Illinois of 1970
and the laws of the State; and,
WHEREAS, Donald J. Hamman and Carol S. Hamman (the "Grantor "), the Healy Asphalt
Company, LLC, an Illinois limited liability company ( " Healy "), and the City (the "Grantee ") desire to
enter into a temporary easement agreement (the "Agreement"), which is attached hereto and
incorporated herein, for property located south of Corneils Road and east of Eldamain Road (the
"Subject Property "); and,
WHEREAS, the Subject Property is located within the City limits and the Grantor is the owner
of the Subject Property; and,
WHEREAS, the purpose of the Agreement is to provide a temporary access easement covering
the entire Subject Property to provide Grantee the ability to enter the Subject Property to monitor,
inspect, maintain, and repair the on -site storm water management facility, temporary sedimentation base,
and interim high water level areas on an emergency basis; and,
WHEREAS, pursuant to the Agreement, the Grantor grants to Healy and Grantee, a temporary,
non- exclusive easement over and across a portion of the Subject Property, and a temporary, non-
exclusive access easement over the entire property, as described in the Agreement; and,
WHEREAS, the easements granted in the Agreement shall automatically terminate upon the
Grantee's issuance of a building permit for Phase II development of the Subject Property.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of
Yorkville, Kendall County, Illinois, as follows:
Section 1. The above recitals are incorporated and made a part of this Ordinance.
Section 2. The Corporate Authorities hereby approve the attached Temporary Stormwater
Management Easement Agreement by and between Donald J. Hamman and Carol S. Hamman, the
Healy Asphalt Company, LLC, and the United City of Yorkville.
Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
I
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this d
day of A.D. 2008. I
c CL,4i .`
ROBYN SUTCLIFF JOSEPH BESCO
ARDEN JOE PLOCHER WALLY WERDERICH
GARY GOLINSKI MARTY MUNNS
v
ROSE SPEARS �_ BOB ALLEN
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day
of AttC-i U5r , A.D. 2008.
MAYOR
2
EXHIBIT
LINCOLN PRAIRIE
TEMPORARY STORMWATER MANAGEMENT EASEMENT AGREEMENT,
The city did not receive an executed agreement from the petitioners.
i
TEMPORARY STORMWATER MANAGEMENT
EASEMENT AGREEMENT
This Agreement is made this day of , 200 by and between
DONALD J. HAMMAN and CAROL S. HAMMAN (hereinafter referred to as "Grantor "), the
HEALY ASPHALT COMPANY, LLC, an Illinois limited liability company (hereinafter referred
to as "Healy "), 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 Corneils Road and east of Eldamain Road in Yorkville, Illinois (hereinafter referred to as
"Subject Property"); and
WHEREAS, Grantor intends to develop the Subject Property as an industrial park in
several phases of construction beginning with the Healy asphalt plant to be constructed as the
first phase of development which plant shall be located just east of Eldamain Road and within
Lot 2; and
WHEREAS, Healy intends to provide all required storm water management for
construction of the asphalt plant as located within Lot 2 within an on -site storm water basin as
depicted in Exhibit "C" attached hereto and incorporated herein; and
WHEREAS, said storm water detention basin will be equipped with a temporary
sedimentation basin (as shown on Exhibit "D" attached hereto and incorporated herein) and a
temporary storm water outfall pipe draining to an existing low area as depicted in Exhibit `B"
attached hereto and incorporated herein; and
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WHEREAS, when Grantor undertakes the second phase of construction on the Subject
Property for an additional new use, Grantor shall ensure that the on -site detention basin and/or
basins located on the Subject Property are equipped with a permanent storm sewer outfall pipe;
and
WHEREAS, during the interim period of time when the on -site detention facility serving
the first phase of development is not equipped with a permanent storm sewer outfall pipe, a
rainfall event greater than a 100 -year storm may occur which causes an overflow of water from
the on -site detention basin into another area of the Subject Property; and
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, temporary sedimentation basin 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 Healy and Grantee, and to Healy
and Grantee's successors and assigns, a temporary, non - exclusive easement over and across the
portion of the Subject Property depicted in Exhibit `B," and Exhibit "D" 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 Grantee's issuance of a building permit for Phase H development of the
Subject Property; and
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
manhole catch basins, connections, ditches, swales, and other structures 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
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for the right of access across the Subject Property in the event of an emergency, to ether
g J P rt3' g
with necessary equipment, to do any of the work or perform any of the easement rights
described in paragraph 3.a. above. Healy shall remain primarily responsible for the
operation, maintenance and repair of the storm water management areas, pipes and
appurtenances. Grantee will perform only emergency procedures as deemed necessary
by the Grantee's Engineer.
C. Certain Best Management Practices (`BMP's ") shall be used in the design and
construction of the facilities to be done by Healy such as erosion control measures at the
outlet structure location and sedimentation control measures within on -site swales. A
maintenance plan for the BMP's shall be submitted to the Grantee by Healy and Healy
shall remain responsible for the ongoing maintenance of the BMP's.
The uses contemplated by Healy and Grantor in the development of the Lincoln
Prairie development include industrial activity which may be detrimental to landscaping,
including areas designed to act as stormwater best management practices to cleanse
stormwater before it reaches detention/retention basins or leaves Lot 2 and/or the Lincoln
Prairie development. Healy and Grantor will allow access to Grantee's personnel to
monitor these areas. If it becomes apparent that landscaping and/or stormwater best
management practices cannot survive or function properly or be maintained properly as
originally designed, Healy agrees to take additional measures at its own cost and within a
timeframe acceptable to the Grantee, to improve sediment/debris removal, remove and
replace landscaping, and/or revise stormwater best management practices as instructed by
the Grantee.
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 of Grantor's Phase II grading plans.
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 and Healy upon the Easement Area shall be done in a reasonable manner so as
to minimis 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.
Healy shall be responsible for the installation and maintenance of the temporary
discharge pipe from its stormwater detention facility as well as the installation and maintenance
of the temporary outlet structure located on the Subject Property.
6. Grantee's Costs. In the event of an emergency affecting properties adjacent to
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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 Healy to maintain and repair the Easement Area and the
improvements thereon, which impacts adjacent property owners or Grantee, then Grantee shall
notify Grantor and Healy in writing of such failure. If Healy 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 Healy 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 Healy has failed to properly perform hereunder and Healy
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 Healy's obligations pursuant to this paragraph,
Grantee shall be entitled to recover from Healy, 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 Exhibit 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 runnin 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 this 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.
[SIGNATURE PAGES FOLLOW]
GRANTOR:
136672/1 4
DONALD J. HAMMAN CAROL S. HAMMAN
STATE OF ILLINOIS )
) SS.
COUNTY OF )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY
CERTIFY, that DONALD J. HAMMAN and CAROL S. HAMMAN, 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 they signed and delivered the said
instrument as their free and voluntary act, for the uses and purposed therein set forth.
Given under my hand and official seal this day of , 200_
NOTARY PUBLIC
136672/1 5
HEALY ASPHALT COMPANY, LLC, an Illinois limited liability company
By:
Its Manager
STATE OF ILLINOIS )
) SS.
COUNTY OF )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY
CERTIFY, that , personally known to me to be the Manager of the
HEALY ASPHALT COMPANY, LLC, an Illinois limited liability company, and personally
known to me to be the same person whose name is subscribed to the foregoing instrument,
appeared before me this day in person and acknowledged that as such Manager, he signed and
delivered the said instrument as such Manager as his free and voluntary act, and as the free and
voluntary act of said limited liability company, for the uses and purposed therein set forth.
Given under my hand and official seal this day of , 200_
NOTARY PUBLIC
136672/1 6
GRANTEE:
UNITED CITY OF YORKVE LLE, an Illinois Municipal Corporation
By:
Mayor
By:
City Clerk
STATE OF ILLINOIS )
) SS.
COUNTY OF )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY
CERTIFY, that , personally known to me to be the Mayor of the
United City of Yorkville, an Illinois municipal corporation, and ,
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 that they caused the corporated seal of said municipal corporation, as
their free and voluntary act, and as the free and voluntary act of said municipal corporation, for
the uses and purposed therein set forth.
Given under my hand and official seal this day of .200
NOTARY PUBLIC
136672/1 7
LIST OF EXHIBITS
Exhibit A: Legal Description
Exhibit B: High Water Level Exhibit
Exhibit C: Lot 2 Detention Pond Exhibit
Exhibit D: Sediment Basin Location Exhibit
i
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EXHIBIT "A" - LEGAL DESCRIPTION
THAT PART OF SECTIONS 18 AND 19, IN BRISTOL TOWNSHIP, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST COl%NER OF THE SOUTHWEST QUARTER OF FRACTIONAL
SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN;
THENCE NORTH 00 DEGREES 55 MINUTES 52 SECONDS WEST, ALONG THE WEST LINE OF
SAID SOUTHWEST QUARTER, 2647.14 FEET, TO THE NORTHWEST CORNER OF SAID
SOUTHWEST QUARTER; THENCE CONTINUING NORTH 00 DEGREES 55 MINUTES 52
SECONDS WEST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID
FRACTIONAL SECTION 18, 702.01 FEET, TO THE SOUTHERLY LINE OF THE LANDS OF
COMMONWEALTH EDISON COMPANY; THENCE SOUTH 89 DEGREES 56 MINUTES 20
SECONDS EAST, ALONG SAID SOUTHERLY LINE OF SAID LANDS, 565.21 FEET; THENCE
SOUTH 60 DEGREES 11 MINUTES 29 SECONDS EAST, ALONG THE SOUTHWESTERLY LINE
OF SAID LANDS, 913.67 FEET; THENCE SOUTH 00 DEGREES 59 MINUTES 00 SECONDS EAST,
ALONG THE WESTERLY LINE OF SAID LANDS, 191.81 FEET, TO A POINT ON THE SOUTH
LINE OF SAID NORTHWEST QUARTER; THENCE SOUTH 23 DEGREES 57 MINUTES 25
SECONDS EAST, ALONG THE SOUTHWESTERLY LINE OF SAID LANDS, 820.50 FEET;
THENCE NORTH 89 DEGREES 02 MINUTES 36 SECONDS EAST, ALONG THE SOUTHERLY
LINE OF SAID LANDS, 2781.47 FEET TO THE EAST LINE OF THE WEST HALF OF THE
NORTHEAST QUARTER OF SAID FRATIONAL SECTION 18; THENCE SOUTH 01 DEGREES 11
MINUTES 17 SECONDS EAST ALONG SAID EAST LINE, 1423.25 FEET TO THE
NORTHWESTERLY RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN SANTA FE
RAILROAD; THENCE SOUTH 73 DEGREES 23 MINUTES 06 SECONDS WEST, ALONG SAID.
NORTHWESTERLY RIGHT OF WAY LINE, 2231.02 FEET, TO THE CENTERLINE OF FAXON
ROAD; THENCE NORTH 74 DEGREES 43 MINUTES 56 SECONDS WEST, ALONG SAID
CENTM; LINE, 518.61 FEET, TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF SAID
FRACTIONAL SECTION 18; TI3ENCE SOUTH 87 DEGREES 38 MINUTES 51 SECONDS WEST,
ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER, 1813.97 FEET, TO SAID POINT OF
BEGINNING. ALL IN KENDALL COUNTY, ILLINOIS. CONTAINING 228.94 ACRES MORE OR
LESS.
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