HomeMy WebLinkAboutRESOLUTION - 68-84 - 10/9/1984 - AGRMT/KENT STREET EXTENSION RESOLUTION NO. 68-84
A RESOLUTION APPROVING AN EASEMENT AGREEMENT BETWEEN
THE VILLAGE OF ELK GROVE VILLAGE AND COMMONWEALTH
EDISON FOR THE KENT STREET EXTENSION (ROADWAY SURFACE)
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 President be and is hereby authorized
to sign the attached documents marked:
KENT STREET EXTENSION - EASEMENT AGREEMENT
SURFACE ROADWAY IMPROVEMENTS
a copy of which is attached hereto and made a part hereof as if fully set
forth and the Village Clerk is authorized to attest said documents upon
the signature of the Village President.
Section 2: That this Resolution shall be in full force and effect
from and after its passage and approval according to law.
PASSED this 9th day of October 1984.
APPROVED this 9th day of October 1984.
Charles J. Zettek
Village President
ATTEST:
11afern Snick
Acting V i I I age C 1�;-rk
Sir
g�,
GRANT FOR PUBLIC ROADWAY
THIS INDENTURE WITNESSETH, that the Grantor COMMONWEALTH EDISON
COMPANY, an Illinois Corporation, for and in consideration of Ten Dollars
($10.00) and other good and valuable consideration to it in hand paid, does
hereby give and grant, but without warranty, subject and subordinate to the
rights previously granted by Grantor to the Northern Illinois Gas Company and
Illinois Bell Telephone Company, which grantees have installed equipment
longitudinally and crossing in Grantor's property at this location, consent of
such grantees is a prerequisite to exercise of the rights hereunder granted
and subject to the reservations, conditions and provisions herein contained,
unto the Grantee, ELK GROVE VILLAGE, Cook County, Illinois, the right to use
the property legally described as follows:
EXHIBIT "A" PERRIE DRIVE-KENT AVENUE
That part of the North Half of the North Half of the East
Half of the Northwest Quarter of Section 27, Township 41
North, Range 11 East of the Third Principal Meridian
bounded by a line described as follows: Beginning at the
intersection of the South line of said North Half of the
North Half of the East Half of said Northwest Quarter with
the southeasterly line of the right of way of the
Commonwealth Edison Company as described in deed to
Commonwealth Edison Company, dated April 11, 1960, and
registered in the Office of the Registrar of Titles of Cook
County, Illinois, as Document No. 1918019, said point being
also the most Westerly point of that Dedication for Public
Street registered in the Office of the Registrar of Titles
of Cook County, Illinois, as Document No. 2864422; thence
North along a line drawn at right angles to said South line
of the North Half of the North Half of the East Half of
said Northwest Quarter 56.94 feet to a point of curve;
thence Northwesterly along a curved line, convex to the
Northeast and having a radius of 100.0 feet, a distance of
157.08 feet, arc measure, to a point of tangent; thence
West along the line of said tangent, being a line parallel
with said South line of the North Half of the North Half of
the East Half of said Northwest Quarter 39.66 feet to a
point on the Northwesterly line of said right of way of the
Commonwealth Edison Company, said point being 243.60 feet
Northeasterly of the intersection of said Northwesterly
line of the right of way of the Commonwealth Edison Company
with said South line of the North Half of the North Half of
the East Half of said Northwest Quarter and said point also
being the Southeasterly corner of that Dedication for
Public Street recorded in the Office of the Recorder of
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Deeds of Cook County, Illinois, as Document No. 22159377;
thence Northeasterly along said Northwesterly line of the
right of way of the Commonwealth Edison Company, 89.15 feet;
thence Southeasterly along a curved line, convex to the
Northeast, having a radius of 160.0 feet and being
concentric with the aforedescribed curve having a radius of
100.0 feet, a distance of 222.64 feet, arc measure, to a
point of tangent; thence South along the tangent of said
curve, 6.40 feet to a point on said Southeasterly line of
the right of way of the Commonwealth Edison Company; thence
Southwesterly along said Southeasterly line of right of way
of the Commonwealth Edison Company 78.45 feet to the place
of beginning, Cook County, Illinois.
and shown on Exhibit "A", attached hereto and made a part hereof, for the
following express purposes and for no other purpose express or implied
whatsoever:
a. construction and maintenance of a public roadway in substantial
conformity with the plan shown on Exhibit "A", and
b. construction and maintenance of curbs and sidewalks on said property
in connection with said public roadway, provided that the same shall
be constructed-at an elevation and in a manner so as not to interfere
with Grantor's ingress to and egress from its adjoining property by
vehicle or otherwise.
Grantor hereby reserves unto itself, its grantees, licensees,
lessees, successors and assigns, the unrestricted right for ingress to and
egress from and communication between Grantor's adjoining properties and for
installation, operation, maintenance, renewal and removal of its or their
facilities7 upon, over and under the surface of the property described above,
as it or they shall see fit insofar as such uses are compatible with the
improvements shown on Exhibit "A".
Grantee agrees and shall require its contractor or contractors,
whenever they are working on, over and across said Property, to furnish Edison
with evidence of insurance coverage as specified In the "Insurance Rider"
attached hereto.
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Grantee and/or its contractor shall, prior to entering Edison's
Property for the purpose of this initial construction of said roadway, provide
Edison with an Owners' , Landlords' and Tenants' Liability Insurance Policy as
specified in the "Insurance Rider" attached hereto.
Grantee shall comply with all applicable environmental statutes,
ordinances, rules, regulations, and orders (hereinafter referred to as
"Standards") issued by any .federal, state or local environmental agency
relating to Grantee's use of Grantor's property hereunder. Such Standards
encompass, but are not limited to, those concerning air, water, noise, solid
wastes, hazardous substances, and hazardous wastes. Grantee shall not use
waste ,oil as a means of suppressing dust on gravel roads or anywhere else on
Grantor's premises. Grantee shall reimburse Grantor for all costs incurred by
Grantor including, without limitation, fines and penalties imposed for
violation of Standards and the actual expense of correcting the actual or
alleged violation. Grantee shall assume liability for and shall indemnify and
hold Grantor harmless from any claim or violation of Standards which results
from Grantee's use of Grantor's premises.
Grantee, at its cost, shall assume the defense of all claims of
violation of the Standards, regardless of whether they are asserted against
Grantee or Grantor, except claims resulting from Grantor's sole negligence.
Notwithstanding the expiration or termination of this agreement, Grantee shall
remain liable for all costs provided for herein, and shall further remain
obligated to defend, indemnify and hold Grantor harmless for any and all
violations or alleged violations of Standards which occurred or were caused
during the actual term of this agreement.
Grantor further reserves the right to trim from time to time such
trees, saplings and bushes as may be reasonably required in the operation and
maintenance of said facilities of Grantor, and Grantee agrees not to plant any
trees on or near Grantor's property, which can grow into the facilities of
Grantor.
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As a further consideration for this grant, 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.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed
on this 9th day of October I A.D. 1984.
COMMONWEALTH EDISON COMPANY
By
Vice President
ATTEST:
Assistant Secretary
The foregoing grant is hereby accepted upon the terms and conditions
stipulated therein.
ELK GROVE VILLAGE
By Charles J. Zettek
President
ATTEST:
Ilafern Snick
ActingVillage El-erk
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STATE OF ILLINOIS
Ss
COUNTY OF COOK
1, 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. 1984.
Notary Public
My Commission Expires:
STATE OF ILLINOIS )
Ss
COUNTY OF COOK
I, a Notary Public in and for
said County, in the State aforesaid, do hereby certify that
personally known to me to be the
President of ELK GROVE VILLAGE and
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 a�knowledged 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 day
of A.D. 1984.
GIVEN under my hand and official seal this day
of 1984.
Notary Public
My Commission Expires:
INSURANCE RIDER
Grantee agrees to require its contractor, before commencing the work of
installing, repairing, replacing or removing the Facility, to purchase and
maintain, or at the option of Grantee to itself purchase and maintain, at the
cost of Grantee or its contractor, a policy or policies of insurance issued by
good and responsible insurance companies and in a form satisfactory to Grantor
as follows;
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 sima 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;
2.) Comprehensive General Liability Policy or Policies covering
all contractors, subcontractors and all their subcon-
tractors with limits not lose 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 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 beau physically injured or destroyed provided such
lose of use is caused by an occurrence during the policy
period; and
3.) Owners' Landlords' and Tenants' Liability Insurance Policy
in the name of Grantor, Commonwealth Edison Company, as the
insured, with limits of not less then 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 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.
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There shall be furnished to Grantor, prior to commencing the work of
installing, repairing, replacing or removing the Facility . a certified copy of
each policy of insurance or a Certificate of Insurance issued pursuant to the
requirements contained in subparagraphs (1) and (2) of this paragraph and the
original of each policy of insurance issued pursuant to the requirements
contained in subparagraph (3) of this paragraph. insurance coverage as
required herein in subparagraphs (1) and (2) shall be kept in force until all
work has been completed. Insurance coverage as called for in subparagraph (3)
above shall be furnished to Grantor prior to commencing the work and shall be
kept continuously in force for a period of three (3) years from the date
initial construction of the Facility begins. 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.
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