HomeMy WebLinkAboutRESOLUTION - 22-73 - 3/6/1973 - EASEMENT AGRMT/COMEDRESOLUTIO:, 1i0.' 22-
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND CLERK TO SIGN AN EASEMENT
AGREEMENT WITH COMMONWEALTH EDISON COMPANY
NOW) TIE,]!U 701uE, BE IT P. SOLI,'LD by the President and Board of Trustees
of the Village of Elk Grove Village, Counties of Cool: and DuPage, State
of Illinois:
Section 1. That the Village President be and is hereby authorized to
sign the attached documents marked Easement Agreement for sewer crossing
East of Ridge Avenue.
, a copy of which in attached hereto and made a part
hereof as if fully set forth ar.d the Village Clerk is authcrized to
attest said docanents 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 lav;.
PASSED this 6th day of March
APPROVED this 6th day of March
Attest:
i
1973.
, 1973 .
TITIS I'"DT;"ITURE, :lat'.c this 0-* day of M AR.C44 , 1973, by and
between COYJiONW-EALTIi EDISON CO'tiPAIIY, an Illinois Corporation, 72 West Adams
Street, Chicago, Illinois 6000, her.eiraf.ter referr.cd to as Grantor, and the
VILLAGE OF ELK CROVE, a municipal corporation of Illinois, hereinafter referred
to as Grantee;
W 1 T1. N P. S S E T )i:
That Grantor, for and in consideration of the payment of One Dollar
($1.00) by the Grantee, receipt of vhich is hereby &cknowlcdged, and in con-
sideration of the covenants, atreements 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, but without warranty, subject to
the rights previously gre.ntcl by Crantor to its Crantee, L'arthern Illinois
Can Company, to lay a pipeline longitudinally in Grantor's right of way at
this location, the right and privilege to install., use, operate, maintain,
replace and rcnove one 3 --inch sanitary sewer and one 12 -inch water nein, all
of the same hareincfter referred to as Facility, in, under and across Parcels
48 and 49 of Crant_or.'s Lombard-besPlaires Right of Way in the Southeast quarter
of Section 33, To;ntahip 41 North, Ranpe 11 Past of the Third Principal Meridian,
Cool: County, Illinois, said Facility shall be installed along, the centerline
as shown on the Village of Elk Grove Drawing, Shen 2 of 4, dated 7.0 January,
1973, marked Exhibit "A" attached hereto ani made a part hereof.
This grant is made by Grantor and accepted by the Grantee under the
following terra and conditions:
FIRSTS Grantee shall notify Crantor in writing; at least forty-eight
(43) hours in advance, except in case of emergency and in case of routine inspec-
tion and operation, before entering upon said property of Grantor to make the
herein proposed installation, or any repair, replrc.aent or removal thereof.,
at such time or t0na if it so easir.es: said prior notice shall he directed
La .._ 4:aut .._.'_ .inn `ri;c•• ; _i a"�.,7er is :.o�-C �,t oo:fc, 11 .1 -oir%, or
person desi,,,nnted by C'inntor, and Grantee agrees that any work in said property
shall be dons to the �,.ti--action of Grid rcares^ntatire or representatives
of C:S,ntcr, ='.i C;:ancca far.! --r U:)UIL l: Q��aivi:%l, to relj11 borne Grantor
for the service of such reprn_^ec,tative or rrprc;,entat ives.
f'; 'D: G.a:at:•e a,;r,:cs 61�'a ec'i racility will be installed in Grantor's
proparty in strict cotrFormity with said i.'::hiSit "A" attached hereto. Any proposed
r_hnn-es i:: ::.! rincls. bcfure ur ::fnr in:strllation, shal_1 be. rubmitted to
Grantor for its c itt^n approval and no work shall be co; rlsneed until such
written sr•pra:'c:i -has -seen obtained.
TI:IT;A: Crantee agrees to rei::burse Grantor and its grantees,, lessees
or liccaaeea for ony expense incurred in protecting or renrranfing their facilities
due to thc installat:ion, operation, niintcmance or removal of said Facility.
FuIM7N: Grantee shall ir-:?_rrnify and Nave lwrmless the. C°rrntor, its
officers and c-ployes, from all clai:s, litigation and liability aarerted. a,�ainct
them or any of then, and any coats .and attorneys' fees incidental thereto,
on account of injury to or death of any poroon or persons whomsoever or on
account of da;.nage to any property, caused by, connected with, or in any tray
attributable to, the rights herein ;;ranter: or Grantee's failure to comply with
any of the teras or conditions hereof. Grantee shall undertake the defence
of Crantor, its officers and e;p.loy.>r, in any szr_h litigation, if Crantor requests
Crantee to do so.
FI.FV : Grantor sball not be liable to Grantee .for dmmnAe to the
Facility due to the i:ctallation, ooerati.on or imintenance of any present or
future facilities of Grantor. in Gr--ntor's property.
$T1"i11: Grantee n"roes that any equipment used in the installation
of, the Facility shall not to coed fifteen (17) fc�t in height; that no blasting
dill be done, and that suitable markers will be installed and maintained to
indicate the presence of and location of said Facility in Grnntor.'s property.
of plan indicating the installed location of said Facility and said markers.
2
,rc:., to oht.s.in .t ita role cc ;;t ru(.%
periuits, licenses or other authority which n:y 1>e require,' from the County
of Cook, State of Illtnoir, and any otlier aut},oritic.s %aviu� jurir3diction,
before using said premia::s for the purpo:te hcrein prorosed and a^roes to mnply
with and r>trlctly ^brserve any and all lac;s, rules, rtatutes and regulations
of any crash nuL.horit:eo.
EIG::T:?: Cr .ntea ;secs to require .its contractor, before cor:csencing
Oe work OF xcpa:tir:^, renlezcin;* or rcuo-vin; t"ro b'acilry to purchase
and raaintseiu, or at Lite option c f C'.:antce to itself purchaee and naintain,
at the cost of Grau:ce or iLs ccntr'actor, a policy or policies of insurance
issued by oo,' nnJ re :nonsil'1e insurance cormpnnies and in a form satisfactory
to (;cantor as foZin::r:
1.) :;urtr.en's Ca.:nrnsation Insurance Policy; Contractor's
l�ai,'_i.� L'_c`;1.3_it_y Ic.c*:rsrncc kal;icv or I`eiic:i.•e in
li:,i;:s of not lce�-.., t'a,r1 for all ch -I eves
itrisin, ouc o ;,o:iily itt_uri.er '_u or ('ic_,61 of ore
percon an,' a tot -1 1;r,1t of $SL.3,GOJ for all dama;-es
arisiri.^. Oat of ,a'.i.l.y in'•urics to or death of uTo or
snoro persons in any accident or series of .^.ccidents,
rrl:.in o;:±: of o:ce cv. , c or die;, stcr. Cn,:tract.o;_ ..
rro--(Irry Ln. ^e i,iaLilit:� T.ncur. ^r..c e'olicy or Pctilcie3
in -L -Its oC"ru£ <i3!, thau Y'50,G30 for all dnin.9res
out of cr injury to or dcotruction of prrperty
In arty o:;r_ acct -.,cat , :;d ac total. c,r ;; .reaate liven of
'50,Gi3O for a:ll au,_sa,iT.5 arising; out of Injury to or
dnst—uction of rr;percy csri;:? tho policy rrcriodt,
erhic[a policy or policics shall not exclude property
of Grantor.
2.) ru ;l-ic Lirtbility aad Property Dar. a -e Lilbil.ity In -
Policy cr 7'Lli.cies, in the cmc i^n3.t:: .
pr(,raribed tit (1) of rhiz: nsra,;r.anh ..boron as to all
wort ;:er.ror:led by the Contractor throur;h a sabcou•-
tractor or e,,r,co:rtractorr,;
3.) Ovn,^ra' 'Landlords' art:! tenants' Liability Insurance
Policy 1n the na;::c of Grnntor as the insured, ir, limits
of not loos t:h�:,. .`.J '�,.v00 ,or all ori -in- out
of bodily inju- inc to cr death of one P�er.uon unci, a
total H%it of 51,000,004 for all Ormapets arisin,- out
of bodily injuries to, or death of taro or snore Persons
In any accllo^t or s^ries or: accidents arisin.,r out of
one event or disaster; the Proncrty Damare coverage
to he in l.icits of not 1e.<3a than $100,000 for r,11
damagos, arising out of :injury to or destruction of
..fid..,..
jury to ur de.3L1Uctiuu u.e pc,a'crcy t:urini; t,.n policy
peri.cx%
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Sbe:re shr,�l be ic¢r..i;':;u to ^r:a:8or,, pr.:ior. to c_nuncncin^ the or oi' inctr_c7.ir,1;.
repairing, replacing or rcnovin, the Facility, a certified copy of each -;olicy
of insurance issued pursunnt to tho rcqui..,r:e.rts contained iri suhparn«raphs
(1) and (2) of thia-Oara7raph LI.CiVI and tho orl,,ina1 of each policy of insurance
issued pursuant to t.oc requircnenta cortai cd ir. subpara,^,rnpii (3) of this paragraph
LIGKD1. Insurance covcrn e as required herein chall be kept in force until
all work bac been co;qpleted. Declarations i.^. each of said policies shell Identify
the work as beim_, done by and a:ir o'Chers un property o"RiorI by Grtintor and there
shall be ro cr—.cluaions in ;:ny of said policies not approved by Grantor.
2:I:v.:1: ire rlrhts herein are given sui-ject to any use now snide of
the property hirci -,before described by Grantor, its grantees, licensees and
lessees, and s:2euld Grantor deoire to rake any use of its property u:ith which
the Facility will in any .yammer interfere, Grantee shall, at its cost and erpenre,
within vixty (60) days .!.Iter rcceS,inF such notice from Grantor, nnke such
chan;?es in said Facility as In the Judgment of Grantor may be required to avoid
interference with the use or proposed use of its property. If such chances
are not feasible, then Grantee aurees, within such si.cty (GO) days, to relocate,
said Facility to anothsr location designated by Grantor in its property.
TOM.': Any electrolysis mitigating methods or equipment used in
connection with Grantee's Facility shall be coordinated with nethods or require-
ments of Grantor and Grantee a>.cces ro provide and install, at its sole cost
and expense, rush cqu.'_,:r,ert as r.;�y b:: necessary to niti,,: to any clnetrolysis
caused by the presence of said Facility in Crrantor's roperty.
ELLVF'IPM., Grantea agrees to ray Grantor, its grantees, licensees,
lessees, successors or assigns, for e.ny and all dar,age and expense which they
or any of them, may sustain or be put to because of damage to any property
of Grantor, its grantees, licr_nsees, lessees, successors or assigns, including
but not by way of limitation, dar.a;e to crops, fences, pasture lands or livestock,
on account of the installation, operation, maintenance, repair, replacement
c,r rr ,cvsl of ±
to replace all beck fi.11in,� ratp_r4a7. snd rvrfacin-tr*ri.^.7. I-, a ncnt nn,! vork-
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unlike rlanner and to leave Grantor's prop,�rty i:t a neat, clean and orderly
condition, including the restoration of top soil. to its ori..^,inn1 depth where
tillable soil (-Xistcd prior to installation of snit Facility and restoration
of the Around to its original elevation. Grnntee a;trces that there shall be
no Impairment of natural or of installc_i drainage facilities occasioned
by the construction, installation, repair, replacerient, maintenance, operation
or removal of rhe Facility.
Tilt'.',;:ii:: Crsntee covenants and a<;rccs that it will not permit or
suffer any liciL to Le rut upon or arise or accrue against said premises in
favor of any ps•r on or ;persons, individual or cor;orate, furrishiun either
Labor or naterizl in any work herein. proposed; Grantee further covenants and
agrees to hold Grantor and said Pranises free from any and all liens, or ri,-hts
or claims of lien w::ich may or night arise or accrue under or be bated upon
any mechanic's lien law, so called., of the State of Illinois, now in force
or hereafter to be enacted. All contracts and agrcaoonts that may he made
by Grantee relatin; to any work herein proposed, shall ep:pressl.y state that
the interest and reversion of Grantor in and to said rTcnisos shall be wholly
free -rom an(I not subject to any lien or claim of any contractor, subcontractor,
mechanic, material man 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 ruck work which shn:l.l not in express terris contain
the aforesaid provisions.
TDIRTEEi.'TIIc 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 -hall have the ri;,ht, 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.
utilize te-porrt-ily, iron ti -in to tir'ie, co far 7n,y b
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Z,. strl;') of 10; t 1; _r:;, i'i,tc:>_- (I`,) .:!ct ca of
said Facility for the inntal.latien, mainL-cnance or rc:arova.l thereof provided,
hovever, that such ri-lits over Crn_aTor`e pro�;.rty si:r.7.1 be ersrc3.rect in such
u nanner as nut to intertere with 4;;"an*O;'`a ::i,e of ita property.
Grantee a :cees that it dill pay or rn ^bttrs?s Granter
upon dc.iand Dior "ll taxes rind special nssessnents lovie3 ul-on or ellai.ast the
property of Grantor, on accoant of the inctallat£on, ol`erati.rn or maintenance
of said Facility.
SI.:'a'"MrH: In the event Grantee fail --I, at any time or ti:aes, to
observe or pe;r,:orm any of its covenants or a,.rec;^ants or the terns hereof,
Grantor may give written notice of termination to C-ranteet, and Grantee's ri!tlits
and authority hereunder shall thereupon cease (cw:cept for the right to correct
such failure) so long as such failure conti71LiP3, provided, that if Duch failure
rhall continue for a pericd cf sixty (60) docs after -1.ven Such notice Grantee's
rights and authority hereunder shall tervinate forever. Also, If at any time
after the installation of. the Facility, Grantee shall fail to use the sane
for a period of twelve (12) consecutive months, Cr;=ntee's ri;11ts and authority
herernder, without the neccessity of any notice to Grantee, shall terminate
forever.. Upon termination of this Aareement or Cr;3ntce's r+.nhts and authority
hereunder, for any reason whatsoever, Crnntee shall, at its expense, romove
the facility and restore the property to the Datisfactirn of Gr<:ntor and reirburse
Granter for all expense incnrrcd In connection wit', ralch rec:ovnl. If Grantee
shall fail to r: _^„e the FI cili.ty In the r.^neer aforesaid within ninety (90)
days after termination, th^ ractlity --hall tecprse the sole property of. Grrntor,
without liability or obligation Lc account to the Crentee therefor, sail Grantee
shall reimburse Granter for all cxpense, 4i,^urred by Crnntor at nny t4r.ae thereafter,
In connection with removal and disposal of all or :.ny portion of the F.gcili.ty
and restoration of Crantor's property. Termination of Grantee's rights and
authority hereunder, shall not affect any richt of Grantor to indemnification
_ „r ,
prior to or, after such ter,aination. f%:Jlure of Crnntor, at nv tine, to insist
b -
contained l3 'rCi^ Gl tl1 not L'a c:inAx,,1C:d a,, a relcz-ox, of any ri,,ht of G'Cnntor
hezerndcr or <is ;.t z::a",.tier or ,,ny ri<<a: to r,•:`oree :ny t:�rs, cove-mr.t, c,r;rc.ement
or CYinLt�¢Lr.._ 1���.r.t v. U.i L...; £i V'LL• -
Thi nz.recxent en 3., be c:ccciir:ou for nml on behalf
of the Cr.,ntno rairaaaat to L, y the President and t::zard of
Trustces of a-2 a C[_rt'ifie:l Copy of s3 ild ,,,:Soli:,`irya ti.?nll be attached
hereto and apart '..excof i-.& avidenco of tl,e authority herein c_r=rcised
by the uudcrsl.-ne3 Officers of. the Crantec.
FxGL Fa.':-;i.'i : The tc!r;::s "Grantor-' n -,A "Crcnte. " wherever used ir. this
insctr meat. c:.re intended iu c c'.L instrnce to inc=_t:ue the respective .:races :core
and a,usi;;ns of Grsntor or Gra3tten, izbichever t`,e cnr- nay be, .and all of the
ter£12 anal provisicna of thizs instru-aent stutli incur. to the L•caefit of and be
binding uron the recspeetive Tucce3sors on,,' n>L;i ,a of Cr:?t:tcr anal Grantee.
I'.t S;IT.t:SS F.':[l—=0F, the partier herctc ti,zve causcd this instrument
to be ececutel by their proper officers t,ercunto duly authorized as of tl�c
day acid year first hereinabove vrittcn.
ATTEST:
Assirt:ant Secretary
A'PTiST:
Y
C16r K.
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C0.`:'0"U4FALTII DI"ON CT!F'A1'
Vice Prenicent
VILS;,1C1/i�P Ta;' G:��Ri-