HomeMy WebLinkAboutRESOLUTION - 43-95 - 7/25/1995 - GRANT OF EASEMENT/666 LANDMEIER RDRESOLUTION NO. 43-95
A RESOLUTION APPROVING A GRANT OF EASEMENT BETWEEN
THE VILLAGE OF ELK GROVE VILLAGE AND COMMONWEALTH EDISON
FOR PROPERTY LOCATED AT 666 LANDMEIER ROAD
NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, State
of Illinois:
Section 1: That the Village of Elk Grove Village does hereby accept
the attached document marked:
DRIVEWAY EASEMENT
a copy of which is attached hereto and made a part hereof as if fully set
forth.
Section 2: That the Village Clerk is hereby directed to record a
certified copy of this Resolution with the Recorder of Deeds of Cook
County, Illinois.
Section 3: That this Resolution shall be in full force and effect
from and after its passage and approval according to law.
VOTES:
AYES:
6
NAYS: 0 ABSENT: 0
PASSED
this
25th
day of July , 1995.
APPROVED
this
25th
day of July , 1995.
Dennis J. Gallitano
Village President
ATTEST:
Patricia S. Smith
Village Clerk
DRIVEWAY EASEMENT
THIS AGREEMENT, made this 25th day of July , 199 5 , by
and between COMMONWEALTH EDISON COMPANY, an Illinois Corporation, P.O. Box 767,
Chicago, Illinois 60690-0767, (hereinafter referred to as "Grantor") and the VILLAGE OF ELK
GROVE, a municipal corporation, (hereinafter referred to as "Grantee");
WITNESSETH:
That Grantor, for and in consideration of the payments of Ten Dollars ($10.00) and
other good and valuable consideration by the Grantee, receipt of which is hereby
acknowledged, and in consideration of the covenants, agreements and conditions hereinafter
contained on the part of the Grantee to be made, performed, kept and observed, BY THESE
PRESENTS DOES GIVE AND GRANT unto Grantee, without warranty, a perpetual easement,
to construct, use, operate, maintain, repair, replace and remove one concrete driveway, forty
(40) feet wide hereinafter referred to as "Driveway" for ingress to and egress from property
owned by Grantee or leased by Grantee from Grantor, by automobile vehicles owned or
leased and operated by Grantee or their agents, representatives, contractors and guests and
for no other purpose whatsoever. Said Driveway shall be located and installed in strict
conformity over and upon Parcel Number 64 of Grantor's Lombard-DesPlaines Right -of -Way in
accordance with the attached drawing, marked Exhibit "A", attached hereto and made a part
hereof, said driveway is more particularly described as follows:
Legal Description of Driveway
That part of the Northwest Quarter of Section 27, Township 41 North, Range 11
East of the Third Principal Meridian, described as follows: Commencing at the
intersection of the south line of said Northwest Quarter with the west line of
said Northwest Quarter, thence east along said south line of said Northwest
Quarter a distance of 100.02 feet to a point; thence North along a line parallel
to and 100.02 feet east of the west line of the Northwest Quarter of Section 27,
Township 41 North, Range 11 East, a distance of 170.49 feet to a point located
on the centerline of Landmeier Road, said point also being the Point of
Beginning, thence South 740 10' 45" east along the centerline of Landmeier
Road a distance of 5.20 feet to a point; thence North along a line parallel to
and 105.00 feet east of the west line of the Northwest Quarter of Section 27,
Township 41 North, Range 11 East of the Third Principal Meridian, a distance
of 194.34 feet; thence west turning an angle of 900 00' 00" from the last
described course a distance of 40.00 feet; thence South along a line parallel to
and 65.00 feet east of the west line of Section 27, Township 41 North, Range
11 East of the Third Principal Meridian, a distance of 183.01 feet to a point on
the centerline of Landmeier Road; thence South 74° 10' 45" east along the
centerline of Landmeier Road a distance of 41.58 feet to the point of beginning;
all in the Village of Elk Grove, Cook County, Illinois.
The rights and privileges herein granted by Grantor are accepted by Grantee under
the following terms, covenants and conditions:
FIRST: Grantor hereby reserves unto itself, its employees, agents and grantees,
the unrestricted right for ingress to and egress from and communication between Grantor's
adjoining properties and to install, operate, maintain and remove its or their facilities within the
easement premises.
SECOND: The rights of Grantor to utilize the easement premises in its utility
business will, at all times, be and remain paramount to the rights herein granted to Grantee by
Grantor and nothing stated herein is to be construed as restricting Grantor from granting rights
to other parties or persons in, upon or under the easement premises; without limiting the
generality of the foregoing, the parties specifically refer to rights relating to sewers, water
pipes and mains, drainage tiles and pipes, gas mains and pipelines and other allied uses.
THIRD: Grantee shall notify Grantor in writing at least forty-eight (48) hours in
advance, except in case of emergency and in case of routine inspection and operation, before
entering upon said property of Grantor to make any repair, replacement or removal thereof, in
order that Grantor can have a representative or representatives present at such time or times
if it so desires; said prior notice shall be directed to Grantor's Regional Right -of -Way Agent in
-2-
Libertyville, Illinois, telephone number (708) 816-5243, or such other person designated by
Grantor, and Grantee agrees that any work in said property shall be done to the satisfaction of
said representative or representatives of Grantor.
Grantee also agrees that prior to any digging in Edison's Right of Way that it will
contact J.U.L.I.E. on telephone number (800) 892-0123, in order to have all existing utilities
located.
FOURTH: Grantee agrees that no vehicle or equipment having a height greater
than 14 -feet above original ground grade level will be allowed to traverse said Driveway.
FIFTH: Barricades, for which plans and specifications have been previously
approved by Grantor, are to be installed on the easement premises at Grantee's sole cost and
expense to protect Grantor's poles, wires, conduits and other electric equipment and facilities
now or later emplaced. Specifically, barricades will be placed around the base of the
overhead distribution pole on the east side of said Driveway as shown on attached
Commonwealth Edison Company Drawing No. C5295 dated December 10, 1990, and titled
"Vehicular Barrier" (Exhibit "B").
SIXTH: Grantee agrees to pay Grantor, its grantees, licensees, lessees,
successors or assigns, for any and all damage and expense which they or any of them, may
sustain or be put to because of damage to any property of Grantor, its grantees, licensees,
lessees, successors or assigns, including but not by way of limitation, damage to crops,
fences, pasture lands or livestock, on account of the installation, operation, maintenance,
repair, replacement or removal of the Driveway and Grantee agrees, upon completion of said
work to leave Grantor's property in a neat, clean and orderly condition, including restoring the
ground to its initial pre -construction elevation. Grantee agrees that there shall be no
-3-
impairment of natural drainage or of installed drainage facilities occasioned by the
construction, installation, repair, replacement, maintenance, operation or removal of the
Driveway.
SEVENTH: Grantee has examined the easement premises and knows its
condition; no representations as to the condition and repair thereof and no agreements to
make any alterations, repairs or improvements in or about the driveway have been made by
Grantor unless contained herein.
EIGHTH: Grantee will not permit or suffer any lien or claim of lien, arising under
the Illinois Mechanic Lien Law or similar law, to attach to the easement premises by Grantee's
order; Grantee shall indemnify and save harmless Grantor from all claims, litigation and
liability asserted against it, and any costs and attorney's fees incidental thereto, on account of
any such lien or claim of liens.
NINTH: Grantee shall indemnify and save harmless the Grantor, its officers and
employees, from all claims, litigation and liability asserted against them or any of them, and
any costs and attorneys' fees incidental thereto, on account of injury to or death of any person
or persons whomsoever on account of damage to any property, or on account of loss or
interruption of electric service, caused by, connected with, or in any way attributable to, the
rights herein granted or Grantee's failure to comply with any of the terms or conditions hereof.
Grantee shall undertake the defense of Grantor, its officers and employees in any such
litigation, if Grantor requests Grantee to do so.
TENTH: Grantee agrees to require its contractor, before commencing the work of
installing, repairing, replacing or removing the Driveway to purchase and maintain, or, at the
option of Grantee, to itself purchase and maintain, at the cost of Grantee or its contractor, a
-4-
policy or policies of insurance issued by good and responsible insurance companies and in a
form satisfactory to Grantor as follows:
COVERAGE #1
Workers' Compensation Insurance Policy: Coverage A - To pay
promptly when due all compensation and other benefits required of the
insured by the workers' compensation law. Coverage B - Employers'
Liability: To pay on behalf of the insured with limits not less than
$500,000 each accident/occurrence all sums which the insured shall
become legally obligated to pay as damages because of bodily injury by
accident or disease, including death at any time resulting therefrom.
Coverage A and Coverage B will cover all contractors, subcontractors,
and their subcontractors.
COVERAGE #2
Comprehensive General Liability Policy or Policies covering all
contractors, subcontractors and all their subcontractors with limits not
less than the combined single limit of $1,000,000 for bodily injuries to or
death of one or more persons and/or property damage sustained by one
or more organizations as a result of any one occurrence, which policy or
policies shall not exclude property of Grantor. Commonwealth Edison
Company, as Grantor, shall be added as Additional Insured under
endorsement GL 2010. Bodily injury means bodily injury, sickness, or
disease sustained by any person which occurs during the policy period,
including death, at any time resulting therefrom. Property damage
means (1) physical injury to or destruction of tangible property which
occurs during the policy period, including the loss of use thereof at any
time resulting therefrom, or (2) loss of use of tangible property which
has not been physically injured or destroyed provided such loss of use
is caused by an occurrence during the policy period.
Grantee will, in any event, purchase and maintain during the term hereof:
COVERAGE #3
Owners' Landlords' and Tenants' Liability Insurance Policy in the name
of Grantor, Commonwealth Edison Company, as the insured, with limits
of not less than the combined single limit of $3,000,000 for bodily
injuries to or death of one or more persons and/or property damage
sustained by one or more organizations as a result of any one
occurrence, which policy shall not exclude property of Grantor. Bodily
injury means bodily injury, sickness, or disease sustained by any person
which occurs during the policy period, including death, at any time
-5-
resulting therefrom. Property damage means (1) physical injury to or
destruction of tangible property which occurs during the policy period,
including the loss of use thereof at any time resulting therefrom, or (2)
loss of use of tangible property which has not been physically injured or
destroyed provided such loss of use is caused by an occurrence during
the policy period.
There shall be furnished to Grantor, prior to commencing the work of installing, repairing,
replacing or removing the Driveway, a certificate of insurance, showing the issuance of
insurance policies, pursuant to the requirements contained in Coverages (1) and (2) of this
paragraph, which policies shall be held by Grantee, and shall be delivered to Grantor, upon
written request. Insurance coverage, as required herein, shall be kept in force, until all work
has been completed.
The original policy required under Coverage (3) shall be delivered to Grantor upon
execution of this document. The insurance coverage under Coverage (3) shall be kept in
force through the term hereof. Declarations, in each of said policies, shall identify the work as
being done by and for others, on property owned by Grantor, and there shall be no exclusions
in any of said policies, not approved by Grantor.
ELEVENTH: Grantee agrees that Grantor and/or its public utility successor shall
not be assessed for any improvements to be constructed pursuant hereto as a local
improvement project or otherwise charged for the cost of such improvement.
TWELFTH: Grantor shall not be liable to Grantee for damage to the Driveway due
to the installation, operation, maintenance or removal of any present or future facilities of
Grantor in Grantor's property.
THIRTEENTH: At all times governed by the Agreement, Grantee shall conduct its
operations and otherwise use or occupy Grantor's property hereunder in compliance with all
applicable Environmental Laws and shall not cause any Hazardous Material to be introduced
to or handled on Grantor's property hereunder. Grantee shall defend, indemnify and hold
harmless Grantor, its successors, assigns, officers, directors, shareholders, agents,
representatives and employees from and against any suits, damages (including, but not
limited to, consequential damages), losses, claims or causes of action, demands, injuries,
costs and expenses of any kind including, without limitation, court costs, expenses, attorney
and consultant fees, whether asserted under Environmental Laws or at common law, arising
out of or related to any breach by Grantee of the environmental covenants set forth above;
any violation by Grantee of any Environmental Law; or the presence, release or threatened
release of any Hazardous Material at, on or beneath Grantor's property caused by Grantee, its
agents, or any entity in privity with or providing a benefit to Grantee. As used in this section,
the term Environment Laws shall mean all federal, state and local statutes, regulations or
ordinances relating to the protection of health, safety or the environment including, without
limitation, the Clean Air Act, the Water Pollution Control Act, the Resource Conservation and
Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act,
the Toxic Substances Control Act, and all similar state and local laws now or hereinafter
enacted or amended. Hazardous Materials shall mean any waste, pollutant, toxic substance
or hazardous substance, contaminant or material regulated by any Environmental Law
including, without limitation, petroleum or petroleum-based substances or wastes, asbestos
and polychlorinated biphenyls. The foregoing covenants and indemnification obligations shall
survive any termination of this Easement Agreement.
FOURTEENTH: Grantor reserves the right to relocate or adjust said Driveway at
its sole expense, should Grantor desire to make any use of its property with which the
Driveway will in any manner interfere. In the event that the Driveway is relocated, Grantor will
provide and execute such a document as necessary to define and locate the relocated
Driveway and Grantee agrees to release any right herein provided.
-7-
FIFTEENTH: This agreement shall be executed for and on behalf of the Grantee
pursuant to a Resolution passed by the President and Board of Trustees of Grantee and a
certified copy of said Resolution shall be attached hereto and made a part hereof as evidence
of the authority herein exercised by the undersigned Officers of the Grantee.
SIXTEENTH: In the event Grantee fails, at any time or times, to observe or
perform any of its covenants or agreements or the terms hereof, Grantor may give written
notice of termination to Grantee, and Grantee's rights and authority hereunder shall thereupon
cease (except for the right to correct such failure) so long as such failure continues, provided
that if such failure shall continue for a period of sixty (60) days after given such notice
Grantee's rights and authority hereunder shall terminate forever. Also, if at any time after the
installation of the Driveway, Grantee shall fail to use the same for a period of twelve (12)
consecutive months, Grantee's rights and authority hereunder, without the necessity of any
notice to Grantee, shall terminate forever. Upon termination of this Agreement or Grantee's
rights and authority hereunder, for any reason whatsoever, Grantee shall, at its expense,
remove the Driveway and restore the property to the satisfaction of Grantor and reimburse
Grantor for all expenses incurred in connection with such removal. If Grantee shall fail to
remove the Driveway in the manner aforesaid within ninety (90) days after termination, the
Driveway shall become the sole property of Grantor, without liability or obligation to account to
the Grantee therefor, and Grantee shall reimburse Grantor for all expense, incurred by
Grantor at any time thereafter, in connection with removal and disposal of all or any portion of
the Driveway and restoration of Grantor's property. Termination of Grantee's rights and
authority hereunder, shall not affect any right of Grantor to indemnification hereunder, arising
from any acts, omissions or events occurring prior to such termination nor reimbursement for
Grantor's expenses incurred under this paragraph after such termination. Failure of Grantor,
at any time, to insist upon performance or observance of any term, covenant, agreement or
condition contained herein shall not be construed as a release of any right of Grantor
hereunder or as a waiver of any right to enforce any term, covenant, agreement or condition
herein contained.
SEVENTEENTH: The terms "Grantor" and "Grantee" wherever used in this
instrument are intended in each instance to include the respective successors and assigns of
Grantor or Grantee, whichever the case may be, and all of the terms and provisions of this
instrument shall inure to the benefit of and be binding upon the respective successors and
assigns of Grantor and Grantee.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their proper officers thereunto duly authorized as of the day and year first
hereinabove written.
COMMONWEALTH EDISON COMPANY
By
Vice President
ATTEST:
Assistant Secretary
ELK GROVE VILLAGE
By Dennis J. Gallitano
Village President
ATTEST:
Patricia S. Smith
Village Clerk
k: \Id m g\e g a n\94127 el k. w p
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
I, , a Notary Public, in and for said County, in
the State aforesaid, do hereby certify that , Vice President of
COMMONWEALTH EDISON COMPANY, an Illinois corporation, and
, Assistant Secretary of said company, personally known to me to
be the same persons whose names are subscribed to the foregoing instrument as such Vice
President and Assistant Secretary, respectively, appeared before me this day in person, and
acknowledged that they signed and delivered the said instrument as their own free and
voluntary act and as the free and voluntary act of said company, for the uses and purposes
therein set forth; and the said Assistant Secretary did also then and there acknowledge that
he, as custodian of the corporate seal of said company, did affix the said corporate seal of
said company to said instrument as his own free and voluntary act, and as the free and
voluntary act of said company, for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of
_, A.D. 199`
Notary Public
My Commission Expires:
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
I, Nora E. Layton , a Notary Public, in and for said County,
in the State aforesaid, do hereby certify that Dennis J. Gallitano , personally
known to me to be the President of the Village of Elk Grove and Patricia S. Smith
personally known to me to be the Clerk of said Village, both of whom are personally known to
me to be the same persons whose names are subscribed to the acceptance of the foregoing
instrument as such President and Village Clerk, appeared before me this day in person and
acknowledged that they signed and delivered such acceptance for and on behalf of said
Village and caused the corporate seal of said Village to be affixed thereto as their free and
voluntary act, and as the free and voluntary act of said Village for the uses and purposes
therein set forth, pursuant to a written resolution duly passed by the President and Board of
Trustees of said Village on the 25th day of July , A.D. 1995 .
Given under my hand and notarial seal this 26th day of July
A.D. 1995 .
My Commission Expires 5/28/98
-10-
Nora E. Layton
Notary Public
ROADWAY EASEMENT
COMMONWEALTH EDISON RIGHT-OF-WAY
FOR
ELK GROVE VILLAGE PUBLIC WORKS FACILITY
666 LANDMEIER ROAD
EXHIBIT "A"
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61'rUMINOUS PARKING AREA
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CLSTA .134+62.00 FOR 1()NNI
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12'10.90 REVISES SPEC. DATED 3-7-88
C5295
VEHICULAR BARRIER
C5295.A RIGID STEEL CONDUIT
C5295.6 POWER—INSTALLED BUMPER POST
4 —F;„
0...--AORC1®
2'-6" MIN.
2'_ �c FOUNDATION
MIN.
17 -10 •90
r-- C5295
4'-6"
'MAX.
I
3'-0" MIN.
POLE
'; —AORC
PLAN
FOR POLE
PLAN
FOR FOUNDATION
REM
MATERIAL DESCRIPTION•
MG
O
UNIT
4,
'-6
A
CONOOT. RICO, STEEL 4 N. PS
c DOOR
MIDPOST
376224
MAX.
10
B
MIXTURE CONCRETE. 90 LB.
M
701001
SO
6
�A OR C
ONCR
CN
CROWN
M
70T27
2'-6' MIN.
i
, 279' MINIS A, FILLEDWITH
CONCRETE
J.
„
A C
_
MIN.
®OR
MAX. GRADE
®®
PLAN
FOR FOUNDATION
REM
MATERIAL DESCRIPTION•
MG
SI
UNIT
QUANTITY
A .B
A
CONOOT. RICO, STEEL 4 N. PS
R
376224
FT
10
B
MIXTURE CONCRETE. 90 LB.
M
701001
SO
6
C
POST, BUMPER, POWER -INSTALLED
6 HELX 3Yj' 0A. % 84' SHAFT
M
70T27
EA
1
• MATERIAL SHOWN FOR ONE BARRIER
NOTES:
INFORMATION
11 THIS TYPE OF BARRIER SHOULD BE USED WERE DAMAGE TO
EOLIPNENT. CUBICLES. OR POLES, BY A VEHICLE IS
PROBABLE
12 OTHER TYPES OF BARRIERS MAY BE USED WON APPROVAL
OF THE DIVISION OR DISTRIBUTION ENGINEERING DEPARTMENT.
® INSTALL BARRIERS BEFORE TRANSFORMER OR SWITCHGEAR Is.
N PLACE
tp PROVIDE ADEQUATE CLEARANCE FOR OPENING EOUIPMENT DOORS.
�5 PLACE CENTER BARRIER N LIE WITH DOOR MIDPOST.
® BARRIERS NOT REOVRED ON SIDE WHERE ECUPMENT FACES
A BUILDING OR OTHER STRUCTURE WHICH RESTRICTS TRAFFIC.
I I
I I
I I 4'-6"
BJ j MIN.
I I
I I
1 1
I':
C5295.A
INSERT KELLY BAR INTO
DIAMETER OF POST, PIN
WITH THROUGH BOLT &
SCREW INTO GROUND.
INSTALL CAP WHEN
FINISHED.
GRADE
C5295.B
DRIVE—ON
METAL CAP
S-2„
DIST. PLANNING 6 RELIABILITY COMMONWSA STEM S1 TANOARD ANY
EXHIBIT "B" YSION° JJ