HomeMy WebLinkAboutRes 51-94 12/20/1994 CAF/
12/12/94
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF AN
EASEMENT AGREEMENT BETVVEEN THE VILLAGE OF MOUNT PROSPECT
AND COMMONWEALTH EDISON COMPANY IN CONJUNCTION
WITH THE IMPROVEMENT OF LINNEMAN ROAD
WHEREAS, the corporate authorities of the Village of Mount Prospect have determined
that it would be in the best interest of the Village to improve a portion of Linneman Road;
and
WHEREAS, a Commonwealth Edison easement runs across that portion of Linneman
Road to be improved; and
WHEREAS, the Village of Mount Prospect and Commonwealth Edison Company have
agreed to a perpetual non-exclusive easement, which easement is legally described as
follows:
A parcel of land 66 feet in width, lying west of, parallel with and adjoining
the East line of the southeast Quarter of the Southwest Quarter of Section
14, Township 41 North, Range 11, East of the Third Principal Meridian,
bounded and described as follows:
Beginning at a point on the East line of said Southeast Quarter of the
southwest quarter of Section 14, which is 321.50 feet South of the
Northeast corner of said Southeast Quarter of the southwest quarter; thence
south along said East line, a distance of 213.56 feet; thence Southwesterly
along a diagonal line to its intersection with a line drawn 66 feet
perpendicularly distant West of and parallel with the East line of said
southeast Quarter of the Southwest Quarter of Section 14, said diagonal if
extended southwest 833.56 feet would intersect the North line of the South
20 acres of said Southeast Quarter of the Southwest Quarter at a point
501.27 feet East of the West line of said Southeast Quarter of the
Southwest Quarter; thence North along the last described parallel line
213.56 feet to the intersection of said parallel line with a line drawn 210 feet
perpendicularly distant Northwesterly of and parallel with the above
described diagonal line; thence Northeasterly along the last described
parallel line to the point of beginning, in Cook County, Illinois;
NOW, THEREFORE, IT BE RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS
,/ SECTION ONE: That the Mayor and Board Of Trustees of the Village of Mount Prospect
do hereby authorize'entering into an Easement Agreement=with Comnlonwealth Edison
Company, a copy of which is attached hereto and hereby made a part hereof as Exhibit
"A", for a perpetual non-exclusive easement for the right to use the property being the
subject of this Resolution and legally described as follows:
A parcel of land 66 feet in width, lying west of, parallel with and adjoining
the East line of the southeast Quarter of the Southwest Quarter of Section
om Ed Easement
Page 2 of 2
14, Township 41 North, Range 11, East of the Third Principal Meridian,
bounded and described as follows:
Beginning at a point on the East line of said Southeast Quarter of the
southwest quarter of Section 14, which is 321.50 feet South of the
Northeast corner of said Southeast Quarter of the southwest quarter; thence
south along said East line, a distance of 213.56 feet; thence Southwesterly
along a diagonal line to its intersection with a line drawn 66 feet
perpendicularly distant West of and parallel with the East line of said
southeast Quarter of the Southwest Quarter of Section 14, said diagonal if
extended southwest 833.56 feet would intersect the North line of the South
20 acres of said Southeast Quarter of the Southwest Quarter at a point
501.27 feet East of the West line of said Southeast Quarter of the
Southwest Quarter; thence North along the last described parallel line
213.56 feet to the intersection of said parallel line with a line drawn 210 feet
perpendicularly distant Northwesterly of and parallel with the above
described diagonal line; thence Northeasterly along the last described
parallel line to the point of beginning, in Cook County, Illinois;
SECTION TVVO: That the Village Clerk is hereby authorized and directed to record a
copy of this Resolution and Easement Agreement with the Cook County Recorder of
Deeds.
SECTION THREE: That this Resolution shall be in full force and effect from and after its
passage and approval in the manner provided by law.
AYES: Clowes, Corcoran, Hoefert, Hendricks, Skowron, Wilks
NAYS: None
ABSENT: None
PASSED and APPROVED this 20th day of December , 1994.
ATTEST:
Carol A. Fields
Village Clerk
FACILITIES AGREEMENT
THIS ROADWAY AND SUBSURFACE FACILITIES AGREEMENT (the
"Agreement"), Made this day of , 199__, by and between
COMMONWEALTH EDISON COMPANY, an Illinois Corporation, P.O. Box 767, Chicago,
Illinois 60690-0767, (hereinafter referred to as "Grantor"), and THE VILLAGE OF MOUNT
PROSPECT, 100 S. Emerson Street, Mount Prospect, Illinois, a municipal corporation of
Illinois, (hereinafter referred to as "Grantee");
WITNESSETH:
That Grantor, in order to confirm and establish Grantee's roadway rights, for
Church Road, now known as Linneman Road, and opened by an Order on March 19, 1904,
by these presents does GIVE and GRANT unto Grantee, without expressed or implied
warranties, subject and subordinate to the rights previously granted by Grantor to and
exercised by its prior grantees: WEST SHORE PIPELINE COMPANY, NORTH SHORE
PIPELINE COMPANY and NORTHERN ILLINOIS GAS COMPANY, such having installed
equipment and facilities longitudinally in Grantor's Right-of-Way at this location, and subject to
the reservations, conditions and provisions herein contained, unto the Grantee, a perpetual
non-exclusive easement for the right to use the property legally described as follows:
LINNEMAN ROAD
A parcel of land 66 feet in width, lying west of, parallel with and adjoining the
East line of the Southeast Quarter of the Southwest Quarter of Section 14,
Township 41 North, Range 11 East of the Third Principal Meridian, bounded
and described as follows:
Beginning at a point on the East line of said Southeast Quarter of the
Southwest Quarter of Section 14, which is 321.50 feet South of the Northeast
corner of saic~ Southeast Quarter of the Southwest Quarter; thence South along
said East line, a distance of 213.56 feet; thence Southwesterly along a diagonal
line to its intersection with a line drawn 66 feet perpendicularly distant West of
and parallel with the East line of said Southeast Quarter of the Southwest
Quarter of Section 14, said diagonal if extended Southwest 833.56 feet would
intersect the North line of the South 20 acres of said Southeast Quarter of the
Southwest Quarter at a point 501.27 feet East of the West line of said
Southeast Quarter of the Southwest Quarter; thence North along the last
described parallel line 213.56 feet to the intersection of said parallel line with a
line drawn 210 feet perpendicularly distant Northwesterly of and parallel with
the above described diagonal line; thence Northeasterly along the last
described parallel line to the point of beginning, in Cook County, Illinois.
and shown on the drawings, prepared by Triton Consulting Engineers Drawings pages
, dated , and last revised ,
hereinafter collectively identified as "Exhibit ^"), attached hereto and made a part hereof, for
the following express purposes and for no other purpose express or implied whatsoever:
a. the improvements and maintenance of a public roadway in strict conformity with
the plan shown on Exhibit "A", hereinafter referred to as "Roadway",
b. the construction and maintenance of one 15-inch storm sewer in strict
conformity with the plan shown on Exhibit "A", hereinafter referred to as
"Facility", and
c. the 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.
This grant is made by Grantor and accepted by the Grantee under the following
terms and conditions:
FIRST: Grantor hereby reserves unto itself, its grantees, licensees, lessees, suc-
cessors 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 facilities 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
as shown on the Exhibit "A" drawings, together with the right to trim and remove trees, bushes
and saplings from time to time that may endanger the facilities of Grantor.
SECOND: Grantee agrees to require its contractor, before commencing the work of
installing, repairing, or replacing the Roadway or 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 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 subcontractors 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 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.
There shall be furnished to Grantor, prior to commencing the work of installing, repairing,
replacing or removing the Roadway or 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. Insurance coverage as required herein in subparagraphs (1) and
(2) shall be kept in force until all work has been completed. Declarations in each of said
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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.
THIRD: Grantee agrees to have its contractor notify J.U.L.I.E. on telephone number
(800) 892-0123, in order that all existing utilities can be located.
FOURTH: 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 Regional Office in Libertyville, Illinois, (Telephone Number (708) 816-5243) 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.
FIFTH: Grantee agrees that its contractor or contractors shall not install any lighting
equipment on Grantor's Right-of-Way, and that no equipment higher than fourteen (14) feet in
height above existing grade shall be used on Grantor's property. Further, Grantee agrees that
no blasting will be done on the property.
SIXTH: Grantee agrees and shall require its contractor or contractors to correct any
drainage problems arising, whether as a result of Grantee's use of Grantor's property or
otherwise, and further agrees that no manholes, inlets or fire hydrants will be installed on
Grantor's property, unless expressly agreed in writing by the parties.
SEVENTH: At all times governed by the Agreement, Grantee shall conduct its
operations and otherwise use or occupy Grantor's property hereunder in compliance with all
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applicable Environmental Laws and shall not cause any Hazardous Material to be introduced
to or handled on Grantor's property hereunder. Grantee shall defend, indemnify and hold
harmless Grantor, its successors, assigns, officers, directors, shareholders, agents,
representatives and employees from and against any suits, damages (including, but not
limited to, consequential damages), losses, claims or causes of action, demands, injuries,
costs and expenses of any kind including, without limitation, court costs, expenses, attorney
and consultant fees, whether asserted under Environmental Laws or at common law, arising
out of or related to any breach by Grantee of the environmental covenants set forth above;
any violation by Grantee of any Environmental Law; or the presence, release or threatened
release of any Hazardous Material at, on or beneath Grantor's property caused by Grantee, its
agents, or any entity in privity with or providing a benefit to Grantee. As used in this section,
the term Environment Laws shall mean all federal, state and local statutes, regulations or
ordinances relating to the protection of health, safety or the environment including, without
limitation, the Clean Air Act, the Water Pollution Control Act, the Resource Conservation and
Recovery ACt, the Comprehensive Environmental Response, Compensation and Liability Act,
the Toxic Substances Control ACt, and all similar state and local laws now or hereinafter
enacted or amended. Hazardous Materials shall mean any waste, pollutant, toxic substance
or hazardous substance, contaminant or material regulated by any Environmental Law
including, without limitation, petroleum or petroleum-based substances or wastes, asbestos
and polychlorinated biphenyls. The foregoing covenants and indemnification obligations shall
survive any termination of this Easement Agreement.
EIGHTH: Grantee shall indemnify and save harmless the Grantor, its officers and
employees, 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
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or persons whomsoever on account of damage to any property, or on account of loss or
interruption of electric service, 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 employees in any such
litigation, if Grantor requests Grantee to do so.
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, in lieu of relocating the facilities,
it elects to reimburse Grantor for said additional cost.
TENTH: 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, on account of the installation, operation, maintenance, repair,
replacement or removal of the Facilities 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.
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ELEVENTH: 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.
TWELFTH: 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. Upon termination of this Agreement or
Grantee's rights and authority hereunder, for any reason whatsoever, Grantee shall, at its
expense, remove the Facilities 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 Facilities in the manner aforesaid within ninety (90) days after termination,
the Facilities 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 Facilities 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 occurring 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 here
under or as a waiver of any right to enforce any term, covenant, agreement or condition
herein contained.
THIRTEENTH: This agreement shall be executed for and on behalf of the Grantee
pursuant to a Resolution passed by 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.
FOURTEENTH: 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.
FIFTEENTH: This Easement Agreement shall be construed in accordance with and be
governed by the laws of the State of Illinois.
SIXTEENTH: This Easement Agreement may be subject to the review and approval of
any governmental or regulatory body which has jurisdiction.
If any governmental or regulatory agency or court of competent jurisdiction holds
that any provision of this Agreement is invalid, or if, as a result of a change in any federal or
state law or constitutional provision or any rule and regulation promulgated pursuant thereto,
any provision of this Agreement is rendered invalid or results in the impossibility or
impracticability of performance thereof, the remainder of this Agreement shall not be affected
thereby and shall continue in full force and effect.
In the event any provision of this Agreement is so held invalid, the parties hereto
shall renegotiate in good faith new provisions to restore this Agreement as nearly as possible
to its original intent and effect.
SEVENTEENTH: 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.
IN WITNESS WHEREOF, Grantor has caused this instrument to be executed
on this day of , A.D. 19 .
COMMONWEALTH EDISON COMPANY
By
Vice President
ATTEST:
Assistant Secretary
The foregoing grant is hereby accepted upon the terms and conditions stipulated therein.
Grantee.' :j /.~
A'VTEST:
Village Clerk
4387kme.wp
TATE OF ILLINOIS )
) SS
COUNTY Of COOK )
I, , 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. 19
Notary Public
My Commission Expires
STATE OF ILLINOIS )
) SS
COUNTY OF )
I, ~' ~-... ~.,~o~ , a Notary P. ublic, in and for said County, in
the State aforesaid, do hereby certify that ~_/~/~, ~-~.J~/. , pe. rsoqally known to
me to be the President of the Village of Mount Prospect, 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
r~solutio, n. duly passed by the President and Board of Trustees of said Village on the ,:~ -"~ day of
,[.)£~.~-'/~-.~'~../ , A.D, 19~.
~"~ c~ , Given under my hand an.~..~otarial seal this day of
, A.D. 19 '-/.~'
My Commission Expires ~-?~-~/~ /~" - '"
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