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Home My WebLink AboutRes 38-05 08/16/2005 /~~, mla 08/12/05 RESOLUTION NO. 38-05 A RESOLUTION AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT BETWEEN COMMONWEALTH EDISON AND THE VILLAGE OF MOUNT PROSPECT FOR RELOCATION OF THE COMED ELECTRICAL FACILITY LOCATED AT 100 SOUTH EMERSON STREET, MOUNT PROSPECT, ILLINOIS WHEREAS, ComEd owns and maintains certain electrical switchgear and components ("Electrical Facility") which have been installed, remain operational and are located pursuant to an easement agreement on the real property owned by the Village at 100 S. Emerson Street; and WHEREAS, the Village has requested that ComEd remove the electrical facility and relocate it to a certain public right-of-way owned by the Village at 22 S. Maple Street, fronting Busse Avenue, approximately 250 east of 100 S. Emerson; and WHEREAS, as a result of the Village's request, ComEd is seeking a utility easement over that public right-of-way owned by the Village at 22 S. Maple Street, upon which to relocate, construct and maintain the Electrical Facility and lines leading to it (hereinafter the "Easement"); and WHEREAS, the Village agrees that, in the event that ComEd reasonably needs to relocate the electrical facility after it has been constructed, the Village will reimburse ComEd for its reasonable costs for such relocation. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby authorize the Mayor to sign and the Clerk to attest her signature on the Easement Agreement between ComEd and the Village of Mount Prospect, a copy of which is attached hereto and hereby made a part hereof as "Exhibit A". .,.,....;".,:'","^'.,',..',..'."",""".=->.~,.,~-"~~'"~----=-~c=._"'..~_..~~~~~__~"~.,.,.=~"'==-cJ;{o/.=,,=""'.""."w,,'"'-4.."""";""'='" Page 2/2 Easement Agreement - CornEd Relocation of Electrical Facility SECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 16th day of August, 2005. ~t:ftJ~ IrYana K. Wilks, Mayor ATTEST: _C? M. Lisa Angell, Villa' Clerk H :\CLKO\files\WI N\RES\Easement agrmt,comedaugust2005.doc AGREEMENT AND GRANT OF EASEMENT (UTILITY EASEMENT) THIS AGREEMENT AND GRANT OF EASEMENT is made this day of , 2005, by and between the Village of Mount Prospect, an Illinois municipal corporation, Cook County, Illinois (hereinafter sometimes referred to as the "Village" and "Grantor") and Commonwealth Edison Company, an Illinois corporation (hereinafter sometimes referred to as "CornEd" and "Grantee"). WITNESSETH: WHEREAS, CornEd owns and maintains certain electrical switchgear and components ("Electrical Facility"), which have been installed, remain operational and are located pursuant to an easement agreement on the real property owned by the Village at 100 S. Emerson Street, Mount Prospect, Illinois; and WHEREAS, the Village has requested that CornEd remove the Electrical Facility and relocate it to a certain public right-of-way owned by the Village and legally described in attached Exhibit A; and WHEREAS, as a result of the Village's request, CornEd is seeking a utility easement over that public right-of-way owned by the Village upon which to relocate, construct and maintain the Electrical Facility and lines leading to it ("hereinafter the "Easement"); and 1 WHEREA....., __Ie Village agrees that, in the event that CornEd reasonably net;uS to relocate the Electrical Facility after it has been constructed, the Village will reimburse CornEd for its reasonable costs for such relocation. NOW THEREFORE, for and in consideration of mutual covenants and agreements and other valuable consideration, the Grantor and CornEd agree as follows: 1. AGREEMENT FOR RELOCATION. . The Village shall, upon written request by CornEd to the Village, reimburse CornEd for its reasonable future costs to remove and relocate the switchgear in the event that CornEd reasonably determines that its relocation is necessary. 2. GRANT OF UTILITY EASEMENT: The Village grants an easement for electric and communication service, which is hereby reserved for and granted to Commonwealth Edison Company and its respective licensees, successors and assigns, jointly and severally, to construct, operate, repair, maintain, modify, reconstruct, replace, supplement, relocate and remove, from time to time, poles, guys, cables, conduits, manholes, transfonners, pedestals, equipment cabinets or other facilities used in connection with underground transmission and distribution of electricity, shown within the dashed or dotted lines (or similar designation) on the plat and marked "Easement," "Utility Easement," "Public Utility Easement," "P.U.E." (or similar designation, the property designated on this plat as "Common Elements," and the property designated on the plat as "common area or areas," and the property designated on the plat for streets and alleys, whether public or private, together with the rights to install required service connections over or 2 under the surface 01 '"'....~h lot and the common area or areas to serve improvements thereon, or on adjacent lots, and common area or areas, the right to cut, trim or remove trees, bushes, roots and saplings and to clear obstructions from the surface and subsurface as may be reasonably required incident to the rights herein given, and the right to enter upon the subdivided property for all such purposes. Obstructions shall not be placed over CornEd's facilities or in, upon or over the property within the dashed or dotted lines (or similar designation) marked 'Easement," "Utility Easement," "Public Utility Easement," "P.D.E." (or similar designation) without the proper written consent of CornEd. After installation of any such facilities, the grade of the subdivided property shall not be altered in a manner so as to interfere with the proper operation and maintenance thereof. 3. TITLE TO PROPERTY. The Village hereby acknowledges and warrants that the complete and full unencumbered easement rights to the utility easement property will vest in CornEd free and clear of all encumbrances or claims inconsistent with the rights granted to CornEd by this Agreement, including claims by the Village for payment. 4. GRANTOR'S RIGHTS The Grantor reserves the right to use the above utility easement in any manner consistent with these provisions, for all purposes that do not unreasonably interfere with the operation and enjoyment of the Easement by CornEd. 5. SUCCESSORS AND ASSIGNS All agreements, obligations, covenants and conditions shall be binding upon and inure to the benefit of the parties and their respective grantees, successors and assigns. 3 6. DE. LT. If at any time any party shall fail to perform any covenant or abide by the provisions required to be performed by it pursuant to this Agreement and Grant of Easement, then the other party shall have all rights and remedies available at law or in equity, including and not limited to the right to specifically enforce such covenant or the right to enjoin such violation after seven (7) days written notice by registered or certified mail, except in the case of an emergency. 7. MODIFICATIONS. This Agreement and Grant of Easement constitutes the entire understanding of the parties. No variations or modifications ofthe terms of this Easement shall be binding unless in writing and signed by both parties. 8. PREVAILING LA \\'. The Agreement and Grant of Easement shall be construed and governed in accordance with the laws of the State of Illinois. IN WITNESS WHEREOF, the parties hereto have executed this Agreement and Grant of Easement as of this _ day of ,2005. 4 GRANTOR The Village of Mount Prospect, A municipal corporation. By: ~~/;:t1/~ Irvana K. Wilks, Village President ATTEST: h&~(l2 F~. ~>- ..? 1/ Lisa Angell, illage Clerk GRANTEE Commonwealth Edison Company By Its: 5 EXHIBIT A lEGAL DESCRIPTION OF VILLAGE OWNED PUBLIC RIGHT~OF-WAY TO FOllOW