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HomeMy WebLinkAboutRESOLUTION - 4-59 - 4/13/1959 - AGRMT/COMED/TONNE RDao. x+-59 RESOLUTION AUTHORIZING EXECUTION AND DELIVERY OF AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND COMMONWEALTn EDISON COMPANY PER- TAINING TO THE WIDENING, RECONSTRUCTING AND IMPROVING OF A PART OF TONNE ROAD WHEREAS, Plans and Specifications have been prepared for the widening, reconstructing and improving of a part of Tonne Road within the Village, which Plans and Specifications have been approved by this Board of Trustees; and WHEREAS, in consideration of the Village's granting permission for said Company's use of the center portion, or median strip, of said Road, as improved,for electric transmission line purposes, Commonwealth Edison Company has dedicated land needed for the widening thereof and has offered to pay for the cost of the improvement thereof; and WnEREAS, it is for the best interests of the Village that a written agreement be entered into for the carrying out of the foregoing proposals; NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF ELK GROVE VILLAGE, COOK COUNTY, ILLINOIS: 1. That the President and Clerk of the Village are hereby authorized and directed to execute in duplicate such an agreement in the exact form as that hereto attached and made a part hereof marked Exhibit "A", at the same time Commonwealth Edison Company executes and de- livers the same. 2. That the Village Clerk is hereby authorized and directed upon such execution of said agreement to retain one executed copy thereof In his file and deliver the other executed copy, together with a certified copy of this resolution, to a representative of Commonwealth Edison Company. PASSED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF ELK GROVE VILLAGE, COOK COUNTY, ILLIPiOIS, TnIS I= DAY OF APRIL, A.D. 1959. W* Pet ie age er APPROVED BY THE PRESIDENT OF THE VILLAGE OF ELK GROVE VILLAGE, COOK COUNTY, ILLINOIS, TU1S 1 th DAY OF APRIL, A.D. 1959. (Seal) ATTEST: ltar et C. Petris age er Obarles A Egdlwdr res en WHEREAS, as further consideration for the Company's use of said Road as herein provided, it is willing to pay for the cost of the improvement thereof in accordance with said Plans and Specifications, including the relocation of the existing pavement and the construction of curbs, gutters, underground drainage facilities and sidewalks, to provide such four -lane divided highway; and WHEREAS, the Company has requested the Village to procure from all authorities having jurisdiction over said Tonne Road their approval of the aforesaid widening, reconstructing and improving of the same; NOW, THEREFORE, in consideration of these presents and the mutual promises, covenants and recitals herein contained, it is agreed as follows: 1. The Village will obtain all necessary approvals from County and State authorities for the widening, reconstructing and improving of a part of Tonne Road lying within the Village limits as aforesaid, and will secure from the authorities of the County of Cook the release of its jurisdiction and control over said portion of Tonne Road, so that the Village may ;assume the financial and other responsi- bility for the improving of said Road as aforesaid and the maintenance thereof. 2. The Village will adopt or issue, as the situation may require, any and all ordinances, resolutions, consents, permits and other directives for the authorization and completion of the overall improvement plan herein contemplated for Tonne Road, including the Company's use thereof as herein provided. 3. The Company, its successors and assigns, shall have, and are hereby given, the right, permission and authority to construct, operate and maintain electric transmission lines in, on, over, along, across and through the center portion, or median strip, of said Tonne Road as it is proposed to be widened, reconstructed and improved within the limits of the Village, and to overhang said lines over such portions of said Road as widened as may be necessary for Ingress to and egress from said center portion, or median strip. -2- 4. The Company agrees to pay the construction costs for the improving of said Tonne Road in the manner aforesaid and will not seek reimbursement for such costs from the Village. The Company shall also contribute to the Village the sum of $3,000.00 to be used for the purchase of equipment to maintain the aforesaid median strip, which median strip is to be seeded and landscaped in accordance with the letter to the Village by the Company, dated November 4, 1958. 5. All such construction for such improvement of Tonne Road shall be in accordance with said Plans and Specifications, which have been prepared by the Village Engineers, DeSoto B. McCabe and Associates, and which have been approved by the Board of Trustees of the Village; provided that such construction shall commence upon and after the approval of said Plans and Specifications by the Highway Commissioner of the County of Cook, the Department of Public Works and Buildings, Division of Highways of the State of Illinois, or such other authority as the law may require for such purpose; and provided further, that all such construction shall be subject to the final inspection and approval of such authorities. 6. This agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. IN WITNESS WHEREOF, said Village has caused these presents to be signed by its President and attested by its Village Clerk and the Company by its Vine -'President and attested by its Secretary on the day and year first above written. ATTEST: Nsxgaret C. Petrie Village Clerk ATTEST: Fred A. Baxter Secretary VILLAGE OF ELIC GROVE VILLAGE, a municipal corporation, By Charles A.Hodlmair President COMMONWEALTH EDISON COMPANY, an Illinois corporation, By A. E. Patton President -3- AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND COMMONWEALTH EDISON COMPANY PERTAINING TO.THE THIS AGREEMENT made and entered into this 13-,d� day of April, A. D. 1959, by and between the VILLAGE OF ELK GROVE VILLAGE, Cook County, Illinois, hereinafter referred to as the "Village,ss and COMMONWEALTH EDISON COMPANY,, an Illinois corporation, hereinafter referred to as the "Company".- WHEREAS, Company";WHEREAS, Plans and Specifications have been prepared for the widening and improving of that part of Tonne Road lying between the Southerly right-of-way line of Landmeier Road and -the Northerly line of Devon Avenue within the Village, and reconstructing a part of the same to provide a four -lane divided highway with pavement, curbs, gutters, underground drainage facilities and sidewalks (said Tonne Road being designated as State: Aid Road No. 246 , Section 0102 ), which Plans and Specifications are now on file with the Village Clerk; and WHEREAS, the Village is about to request the County of Cook, which presently maintains said Road, to approve the widening, recon- structing and improving of they same according to said Plans and Specifications, and upon the completion thereof to relinquish its jurisdiction and control over said Tonne Road as improved, so that the Village may assume the firsancial and other responsibility for the maintenance of said Road for the use of vehicular and other traffic thereon and for parking; and WHEREAS, the Company desires to construct, operate and maintain electric transmission lines in., on, over, along, across and through the center portion, or median strip, of said Tonne Road as it is proposed to be widened, reconstructed and improved as aforesaid, and to overhang said lines over such portions of said Road as may be necessary; and WHEREAS, said Company has dedicated a 200 foot right-of-way for such widening of said Road as a part of the consideration for its use thereof as aforesaid; and EXHIBIT. `ivy