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Home My WebLink AboutRESOLUTION - 51-26 - 9/8/2026 - Permenant Utility EasementRESOLUTION NO. 51-26 A RESOLUTION APPROVING THE ACQUISITION OF A PERMANENT UTILITY EASEMENT FOR THE PURPOSE OF ROADWAY UNDERGROUNDING OVERHEAD UTILITIES ALONG E. HIGGINS ROAD BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE PROPERTY OWNER OF 1907 E. OAKTON STREET, C & R OAKTON HIGGINS, INC., AND PAYMENT TO THE PROPERTY OWNER IN THE AMOUNT OF $23,892.50 FROM THE BUSSE-ELMHURST REDEVELOPMENT FUND NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois, as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: PUBLIC UTILITY EASEMENT AGREEMENT 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 document upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES:6 NAYS:0 ABSENT: 0 PASSED this 8' day of September 2026 APPROVED this 8th day of September 2026 M-ayor-Craig B. J nson Village of Elk Cy ore Village ATTEST: nife S. Ma on, Village Clerk PUBLIC UTILTPY EASEMENT AGREEMENT This Public Utility Easement Agreement (this "Agreement"), dated August 2026, (the "Effective Date"), is hereby made by and between C & R Oakton Higgins, Inc., an Illinois corporation ("Grantor") and the Village of Elk Grove Village, an Illinois municipal corporation of Cook and DuPage Counties, Illinois ("Village"). 1. Grant of Easement. For good and valuable consideration of Twenty -Three Thousand, Eight Hundred and Ninety -Two & 501100--- ($23,892.50) Dollars, and other valuable consideration paid, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby grants to Village and its assigns, subject to the terms and conditions of this Agreement, a perpetual utility easement (the "Easement") under Grantor's Land (as defined in Section 2 below), for itself and for the benefit of Commonwealth Edison Company, Ameritech Company, Nicor Gas Company and other public utilities (collectively, the "Utilities") with the right, privilege, and authority to: (a) Construct, reconstruct, install, relocate, extend, repair, replace, maintain, operate, inspect, patrol, abandon, redesign, rebuild, alter, or remove underground cables, pipes or sewers (collectively, the "Facilities") for the purpose of servicing Village residents with electric, gas, water, sewer, cable television and telephone service (the "Utility Services)," together with the right of ingress and egress thereof and to transmit and distribute by means of said equipment to be used for the Utility Services, and also to trim and remove from time to time such trees, bushes, and saplings as may be reasonably required incident to the installation and maintenance of the Facilities in, upon, under, and across that portion of the Grantor's Land described in Section 3 below (the "Easement Area") and to renew, replace, add to, and otherwise change the Facilities within the Easement Area, and utilize the Facilities within the Easement Area for the purpose of providing Utility Services. On Grantor's request, Village shall provide Grantor with as -built drawings and a survey showing the location and depth of the Facilities installed in the Easement Area. (b) The Village agrees to restore all disturbed land to original condition or better, to the approval of the Property Owner. The Village fiuther agrees to limit tree and shrub removal to the highest extent practical. (c) Village shall indemnify and hold harmless, including attorneys fees, Grantor from all claims related to the use of the Easement for the Utility Services. 2. Description of Grantor's Land. Grantor is the fee owner of certain land located in the Village of Elk Grove Village, Cook County, Illinois, located at 1907 E. Oakton St., and more particularly described in Exhibit A attached hereto and made a part hereof ("Grantor's Land"). 3. Easement Area. The Easement Area shall consist of a portion of the Grantor's Land, 16.50 feet in width and approximately 171 feet in length throughout its extent, the centerline of the Easement Area being the centerline of the Facilities, as shown on the Plat of Easement attached hereto as Exhibit B, copies of which are in the possession of the Grantor and the Village. In the event of any conflict between this Agreement and Exhibit B, this Agreement shall control. 4. Restrictions on Grantor. Grantor, for itself, its heirs, legal representatives, successors, and assigns, hereby covenants and agrees with the Village that no permanent buildings shall be placed in the Easement area, but the same may be used for gardens, shrubs, landscaping and other purposes that do not interfere with the Easement for the Utility Services. 5. Binding Agreement; Recording. This Agreement shall be a continuing covenant running with the Grantor's Land and shall inure to and be binding upon the successors, heirs, legal representatives, and assigns of the parties named in this Agreement. 6. Amendment. This Agreement may not be modified, amended, or terminated except in a writing signed by each party hereto. 7. CoLinterpalls. This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original for all purposes, and all such counterparts shall together constitute but one and the same instrument. A signed copy of this Agreement delivered by email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. 8. Authority. Both parties represent and warrant that they have the authority to execute this Agreement and each individual signing on behalf of a party to this Agreement states that they are the duly authorized representative of the signing party and that their signature on this Agreement has been duly authorized by, and creates the binding and enforceable obligation of, the party on whose behalf the representative is signing. 9. Further Cooperation. Each signatory to this Agreement agrees to execute such other documents and to perform such other acts as may be reasonably necessary or desirable to carry out the provisions hereof and give effect to the transactions contemplated hereby. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. GRANTOR: C & R Oakton Higgins, Inc By: Name: Roberta Klein Title: President E 4913-7328-5820, v. 5 GRANTEE: Village of 1~ lk Grove Village By: j Name: Craig��fohnson Title: ftw4"nt &-Yo Y- 'sieumi •aa.Naoa xoea aG: � LF9siJ�HF'I 39Y17L1 8A9FI9 A'SS d0 3uViiiA � a aa,e,u.M... exec ess oce.�essz css oce� J,887I.L6 kD&7[YO '8 lOei eosoe:roecn'e,o,av ;r'L d0 SITYd 36 �m enas •eaaa aroaaos cecz r? f � gp R�TTrr77 YY��rrrr-•��r�yr� Sn r 1�7 �1H�:il Y.�'i Y 'LL `LLU W Y ld �: ,II •5 x 4 � zze�oo-se,aa.y agwaiawaaaio,e �aai t7 3 f