A. Village Easement:
A permanent, non-exclusive easement (the "village easement(s)") is hereby reserved for and granted to the village of Lake Villa ("the village") and to its successors and assigns, in, on, upon, across, over, under, and through the village easements shown on the plat for the purpose of installing, constructing, inspecting, operating, replacing, renewing, altering, enlarging, removing, repairing, cleaning and maintaining water mains, sanitary sewers, storm sewers, storm drains, ditches, swales and other drainage improvements, and any and all manholes, hydrants, pipes, connections, catch basins, buffalo boxes, and without limitation, such other installations as may be required to furnish water, sanitary sewer, storm sewer service, and drainage to the property which is the subject of this plat and/or to any other property in the vicinity, and such appurtenances and additions thereto as the village may deem necessary, together with the right of access across said village easements for the necessary personnel and equipment of the village and its employees, contractors, subcontractors, and agents to do any or all of the above work, and the right, but not the obligation, is also hereby granted to the village to do any or all of the above work.
The right is also hereby granted to the village to cut down, trim, or remove any trees, shrubs, or other plants that interfere with the operation of or access to any village facilities and/or improvements in, on, upon, across, over, under, or through said village easements. No permanent buildings, structures, or improvement other than asphalt pavement shall be placed on said village easements, but some portion(s) thereof may be used for grass and such landscaping and other purposes that do not then or later interfere with the aforesaid uses and rights.
Unless otherwise specifically directed by the village, the respective owners of record from time to time of the property underlying said village easements shall be responsible for the maintenance and restoration from time to time of the surface area, whether grass, landscaping and/or paved surface within those portions of said village easements. In the event the owner fails to fulfill said responsibilities, the village may, but shall not be obligated, to fulfill said responsibilities. The village may bring an action at law against the delinquent owner or owners of record of said property to collect such costs, including but not limited to, attorney's fees and other costs of collection.
Any conflicts in the use of such village easement(s) shall be resolved by a final determination by the village administrator, or his designee.
B. Combined Village And Public Utility Easement:
A permanent, non-exclusive easement (the "public utility easement(s)") is hereby reserved for and granted to the village of Lake Villa ("the village") and public utility companies (including but not limited to franchised cable TV companies) and to their respective successors and assigns, in, on, upon, across, over, under, and through the public utility easement(s) as shown and so labeled on the plat for the purpose of installing, constructing, inspecting, operating, replacing, renewing, altering, enlarging, removing, repairing, cleaning and maintaining public utilities and cable TV service franchised by the village, water mains, sanitary sewers, storm sewers, storm drains, ditches, swales, and other drainage improvements, and any and all manholes, hydrants, pipes, connections, catch basins, buffalo boxes, and without limitation, such other installations as may be required to furnish public utilities, water, sanitary sewer and storm sewer services to the property which is the subject of this plat and/or to any other property in the vicinity, and such appurtenances and additions thereto as the village may deem necessary, together with the right of access across said public utility easements for the necessary personnel and equipment of the village and its employees, contractors, subcontractors, and agents to do any or all of the above work, and the right, but not the obligation, is also hereby granted to the village to do any or all of the above work.
The right is also hereby granted to the village to cut down, trim, or remove any trees, shrubs, or other plants that interfere with the operation of or access to any village and/or public utility facilities in, on, upon, across, over, under, or through said public utility easements. No permanent buildings, structures, or improvement other than asphalt pavement shall be placed on said village utility easements, but some portion(s) thereof may be used for grass and such landscaping and other purposes that do not then or later interfere with the aforesaid uses and rights.
Unless otherwise specifically directed by the village, the respective owners of record from time to time of the property underlying said village utility easements shall be responsible for the maintenance and restoration from time to time of the surface area, whether grass, landscaping and/or paved surface within those portions of said public utility easements. In the event the owner fails to fulfill said responsibilities, the village may, but shall not be obligated, to fulfill said responsibilities. The village may bring an action at law against the delinquent owner or owners of record of said property to collect such costs, including but not limited to, attorney's fees and other costs of collection.
Any conflicts in the use of such easement(s) shall be resolved by a final determination by the village administrator, or his designee.
C. Public Utility Easement:
A permanent, non-exclusive easement (the "public utility easement(s)") is hereby reserved for and granted to public utility companies (including but not limited to franchised cable TV companies) and to their respective successors and assigns, in, on, upon, across, over, under, and through the public utility easement(s) as shown and so labeled on the plat for the purpose of installing, constructing, inspecting, operating, replacing, renewing, altering, enlarging, removing, repairing, cleaning and maintaining public utilities and cable TV service franchised by the village of Lake Villa ("the village"), and without limitation, such other installations as may be required to furnish their respective public utility services to the property which is the subject of this plat and/or to any other property in the vicinity, and such appurtenances and additions thereto as the village may deem necessary, together with the right of access across said public utility easements for the necessary personnel and equipment of said public utilities and their respective employees, contractors, subcontractors, and agents to do any or all of the above work, and the right, but not the obligation, is also hereby granted to the village to do any or all of the above work.
The right is also hereby granted to the village or to the respective public utility companies to cut down, trim, or remove any trees, shrubs, or other plants that interfere with the operation of or access to any public utility facilities in, on, upon, across, over, under, or through said public utility easements. No permanent buildings, structures, or improvement other than asphalt pavement shall be placed on said village utility easements, but some portion(s) thereof may be used for grass and such landscaping and other purposes that do not then or later interfere with the aforesaid uses and rights.
Unless otherwise specifically directed by the village, the respective owners of record from time to time of the property underlying said public utility easements shall be responsible for the maintenance and restoration from time to time of the surface area, whether grass, landscaping and/or paved surface within those portions of said public utility easements. In the event the owner fails to fulfill said responsibilities, the village or the respective public utility may, but shall not be obligated, to fulfill said responsibilities.
Any conflicts in the use of such public utility easement(s) shall be resolved by a final determination by the village administrator, or his designee.
D. Stormwater Management Easement:
A permanent, non-exclusive easement for stormwater management (the "stormwater management easement(s)") is hereby reserved for and granted to the village of Lake Villa ("the village") and its successors and assigns to install, repair, maintain, construct, reconstruct, alter and operate storm sewers, storm drains, ditches, and swales, detention and/or retention ponds or areas, outlet structures or any other stormwater management improvements and structures (all collectively referred to herein as "stormwater improvements") in, into, upon, over, across and under the property embraced within the area(s) so shown and labeled on the plat and for the purposes of the operation and maintenance of such appurtenances and additions thereto as the village may deem necessary, together with the right of access across this stormwater management easement for the necessary personnel and equipment of the village and its employees, contractors, subcontractors, and agents to do any or all of the above work, and the right, but not the obligation, is hereby granted to the village to do any of the above work. No permanent buildings, structures, or trees shall be placed upon said stormwater management easement, other than those structures necessary for the management of stormwater as approved by the village. Unless otherwise specifically directed by the village, the respective owners of record from time to time of the property underlying said stormwater management easement shall be responsible for the maintenance and restoration from time to time of the stormwater management easement, whether grass, landscaping, and/or paved surface within those portions of said stormwater management easement, and the costs therefor shall be the responsibility of the owner(s) of the property, in the event the owner(s) fail to fulfill said responsibilities, the village may, but shall not be obligated, to fulfill said responsibilities. The village may bring an action at law against the delinquent owner or owners of record of said property to collect such costs, including but not limited to attorney's fees and other costs of litigation.
Any conflicts in the use of such stormwater management easement(s) shall be resolved by a final determination by the village administrator, or his designee.
(Ord. 2015-03-02, 3-11-2015)