HomeMy WebLinkAboutRESOLUTION - 62-84 - 9/11/1984 - EASEMENT AGRMT/KENT STREET EXTENSION RESOLUTION NO. 62-84
A RESOLUTION APPROVING AN EASEMENT AGREEMENT BETWEEN
THE VILLAGE OF ELK GROVE VILLAGE AND COMMONWEALTH
EDISON FOR THE KENT STREET EXTENSION
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
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 11th day of September , 1984•
APPROVED this 11th day of September , 1984•
Charles J. Zettek
Village President
ATTEST:
Patricia S. Smith
Village Clerk
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THIS INDENTURE, Made this day of 1983, by
and between COMMONWEALTH EDISON COMPANY, an Illinois Corporation, 72 West
Adams Street, Chicago, Illinois 60690, hereinafter referred to as Grantor, and
ELK GROVE VILLAGE, a municipal corporation of Illinois, hereinafter referred
to as Grantee;
W I T N E S S E T H:
That Grantor, for and in consideration of the payment 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 centerline easement, for the right
and privilege to install, use, operate, maintain, replace and remove one
10-inch water main, a 10-inch, a 12-inch, a 15-inch and 21-inch storm sewer,
two manholes and one street inlet without any deviation from plan thereof,
(hereinafter referred to as "Facility"), in, under and across Parcel No. 70 of
Grantor's Lombard-DesPlaines Right of Way in the Northwest Quarter of Section
27, Township 41 North, Range 11 East of the Third Principal Meridian in Cook
County, Illinois.
The said Facility is tj be installed along the centerline as shown on
the Hooper Engineers, Ltd. , drawing sheet 1 of 1 dated May 30, 1980, last
revised April 29,- 1981, marked Exhibit "A" attached hereto and made a part
hereof.
This grant is made subject and subordinate to the rights previously
granted by Grantor to the Northern Illinois Gas Company such having installed
equipment and facilities laid longitudinally in Grantor's Right-of-Way at this
location. Consent of such Grantee is a prerequisite to exercise of the rights
hereunder granted.
This grant Is made by Grantor and accepted by the Grantee under the
following terms and conditions:
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FIRST: 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 the herein proposed installation, or 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 District Superintendent in Mt. Prospect, Illinois,
telephone number (312) 870-2002, 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, and Grantee
further agrees, upon request, to reimburse Grantor for the service of such
representative or representatives.
SECOND: Grantee agrees that said Facility will be installed in
Grantor's property in strict conformity with said Exhibit "A" attached
hereto. Any proposed changes in said plans, before or after installation,
shall be submitted to Grantor for its written approval and no work shall be
commenced until such written approval has been obtained.
THIRD: Grantee agrees to reimburse Grantor and its grantees, lessees '
or licensees for any expense incurred in protecting or rearranging their
facilities due to the installation, operation, maintenance or removal of said
Facility.
FOURTH: Grantee shall indemnify and save harmless the Grantor, its
officers and employes, 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
or on account of damage to any property, 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 employes in any such litigation, if
Grantor requests Grantee to do so.
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FIFTH: Grantor shall not be liable to Grantee for damage to the
Facility due to the Installation, operation, maintenance or removal of any
present or future facilities of Grantor in Grantor's property.
SIXTH: Grantee agrees that any equipment used in the installation of
the Facility shall not exceed fifteen (15) feet in height; that no blasting
will be done, and that suitable markers will be installed and maintained to
indicate the presence of and location of said Facility in Grantor's property.
Upon completion of construction, Grantee agrees to furnish Grantor with a copy
of plan indicating the installed location of saidjacility and said markers.
• SEVENTH: Grantee agrees to obtain at its sole cost and expense such
permits, licenses or other authority which may be required from the County of
Cook, State of Illinois, and any other authorities having jurisdiction, before
using said premises for the purpose herein proposed and agrees to comply with
and strictly observe any and all laws, rules, statutes and regulations of any
such authorities.
EIGHTH: 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 4500,000 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;
2.) Comprehensive General Liability Policy or Policies covering
all contractors, subcontractors and all their subcon-
tractors with limits 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
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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; 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 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 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 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 EIGHTH
and the original of each policy of insurance issued pursuant to the
requirements contained in subparagraph (3) of this paragraph EIGHTH.
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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NINTH: The rights herein are granted subject to any use now made of
the hereinbefore described property by Grantor, its grantees, licensees and
lessees, and should Grantor desire to make any use of its property with which
the Facility will in any manner interfere, Grantor shall deliver to Grantee a
written notice describing such proposed use and stating that said Facility
will interfere with such proposed use. With the notice shall be an estimate
of any additional costs incurred by Grantor if its proposed construction is
altered to avoid or minimize interference with the Facility. Grantee shall,
at its cost and expense, commencing ninety (90) days after receiving such
notice from Grantor, (1) make such changes in said Facility as in the
judgment of Grantor may be required to avoid or minimize such interference,
including relocation of the Facility to another location designated by Grantor
In its property or (2) notify Grantor within twenty (20) days of receipt of
such notice, that it elects to reimburse Grantor for said additional cost.
TENTH: Any 'electrolysis mitigating methods or equipment used in
connection with Grantee's Facility shall be coordinated with methods or
requirements of Grantor and Grantee agrees to provide and install, at its sole
cost and expense, such equipment as may be necessary to mitigate any
electrolysis caused by the presence of said Facility in Grantor's property.
ELEVENTH: 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 Facility and Grantee agrees, upon completion of
said work to replace all back filling material and surfacing material in a
neat and workmanlike manner and to leave Grantor's property in a neat, clean
and orderly condition. Grantee agrees to install said Facility in Grantor's
property by the double—ditching method, which method is defined as follows:
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Grantee's contractor shall first strip and stockpile all the topsoil from
Grantor's property in the first stockpile and in a second stockpile place all
remaining excess spoil; then upon completion of the installation of the
Facility in the excavated trench, the contractor shall backfill the trench
with the excess spoil from the second stockpile and compact the replaced earth
and then replace and restore Grantor's property with the remaining topsoil
from the first stockpile to its original depth and elevation and re—dress all
areas in Grantor's property disturbed by the installation of said Facility.
Also, all excess spoil, rocks and debris must be removed from Grantor's
property upon completion of work by Grantee's contractor or Grantee. Grantee
agrees' that there shall be no impairment of natural drainage or of installed
drainage facilities occasioned by the construction, installation, repair,
replacement, maintenance, operation or removal of the Facility.
TWELFTH: Grantee covenants and agrees that it will not permit or
suffer any lien to be put upon or arise or accrue against said premises in
favor of any person or persons, individual or corporate, furnishing either
labor or material in any work herein proposed; Grantee further covenants and
agrees to hold Grantor and said Premises free from any and all liens, or
rights or claims of lien which may or might arise or accrue under or be based
upon any mechanic's lien law, so called, of the State of Illinois, now in
force or hereafter to be enacted. All contracts and agreements that may be
made by Grantee relating to any work herein proposed, shall expressly state
that the interest and reversion of Grantor in and to said premises shall be
wholly free from and not subject to any lien or claim of any contractor,
subcontractor, mechanic, materialman or laborer, whether based upon any law or
regulation of the State of Illinois, or any other authority, now in force or
hereafter to be enacted, and Grantee also hereby covenants and agrees that it
will not enter into any contract for such work which shall not in express
terms contain the aforesaid provisions.
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THIRTEENTH: Upon completion of the construction, installation,
laying or placing of said Facility, Grantee shall thereafter and at its own
expense maintain, repair and renew said Facility and, in the event of its
failure to do so, Grantor shall have the right, after ten (10) days' written
notice to Grantee, to either itself maintain, repair and renew said Facility
at the sole cost and expense of Grantee, or to terminate this agreement.
FOURTEENTH: Grantee shall have the right to enter upon, occupy and
utilize temporarily, from time to time, so far as may be reasonably necessary,
a strip of land lying fifteen (15) feet on both sides of the centerline of
said Facility for the installation, maintenance or removal thereof provided,
however, that such rights over Grantor's property shall be exercised in such a
manner as not to interfere with Grantor's use of its property.
FIFTEENTH: Grantee agrees that it will pay or reimburse Grantor upon
demand for all taxes and special assessments levied upon or against the
property of Grantor, on account of the installation, operation or maintenance
of said Facility.
SIXTEENTH: 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.
SEVENTEENTH: 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 Facility, 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
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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 Facility 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 Facility in the manner aforesaid
within ninety (90) days after termination, the Facility 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 Facility 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 occuring 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.
EIGHTEENTH: Grantee agrees that, if and when a street is constructed
across Grantor's Right of Way in connection with the installation of Grantee's
Facility, said street construction will be subject to the following: (A) The
street paving surface will be constructed at an elevation to comply with
vertical clearance requirements of the Illinois Commerce Commission, General
Order Number 160 from Grantor's overhead wires; (8) Grantor has approved
construction drawings for a street at this location and has received and
approved an adequate survey, but reserves the right to approve in advance any
changes to or alterations of such construction drawings, whether made by
Grantor or third persons, and to require changes thereto and (c) complete
restoration of the area affected by said street construction and to the
satisfaction of Grantor's representative.
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NINETEENTH: As further consideration for this grant of easement,
Grantee agrees to deposit or cause its contractors to deposit, before the
start of construction, with Grantor,. an irrevocable letter of credit, drawn on
a national or state bank in the sum of Five Thousand Dollars ($5,000.00) U.S.
currency, payable on drafts drawn to the order of Commonwealth Edison Company,
on the following terms and conditions:
1. Drafts drawn by Commonwealth Edison Company shall be accompanied by a
letter signed by the Grantor's Real Estate Department Land Supervisor
stating that Grantee has not complied with the provisions of
Paragraphs ELEVENTH and EIGHTEENTH of this easement grant.
2. The letter of credit shall expire upon issuance of a letter signed by
said Grantor's representative stating that compliance has been made
by Grantee or its contractor with the provisions of Paragraphs
ELEVENTH and EIGHTEENTH and in any event, said letter of credit shall
expire twelve months after written notification has been sent by U.S.
mail, registered, return receipt requested, to said Grantor's
1.
representative, that construction has been completed.
TWENTIETH: 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.
TWENTY-FIRST: 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.
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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
Ey
Vice President
ATTEST:
Assistant Secretary
ELK GROVE VILLAGE
BY
President
ATTEST:
Village Clerk
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DEVELOPER'S AND CONTRACTOR'S GUARANTEE
BIANCO CONSTRUCTION COMPANY and OAKTON INDUSTRIAL PARK JOINT VENTURE agree to
guarantee performance of the work contemplated and of said facility, as the
parties constructing and Installing the facility and initial owners thereof,
and to be bound by all terms, conditions and covenants of this agreement
except Paragraphs NINTH, THIRTEENTH and TWENTIETH, and further agree to pay
COMMONWEALTH EDISON COMPANY, upon execution hereof, Five Hundred Dollars
($500.00) as a preparation fee, compensating COMMONWEALTH EDISON COMPANY for
its expenses in considering and analyzing the effect of this request upon the
performance of its public utility responsibilities and the preparation of this
document.
BIANC CONSTRUCTION COMPANY
By
PresideQnt
DATE ACCEPTED:
OAKTON-jNDU,STRIAL PARK,.JO-INT VENTURE
ATTEST
Secretary By:
Robert G. McLennan, Sr.
BY:
Earl
By; 4 2�
mes D. McLennan
By;
Robert G. McLennan,' Jr.
being all of the partners of the
OAKTON INDUSTRIAL PARK JOINT VENTURE
DATE ACCEPTED:
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1.
STATE OF ILLINOIS )
SS
COUNTY OF COOK )
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. 1983.
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 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 day of , A.D. 1983.
Given under my hand and notarial seal this day
of , A.D. 1983.
Notary Public
My Commission Expires: