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Home My WebLink AboutOrd 6836 03/16/2026 Authorizing The Mayor To Execute An Agreement Between The Union Pacific Railroad Company And The Village Of Mount Prospect For Construction And Maintenance Of An Overhead Bridge Pedestrian Crossing And Approval Of An Easement DeedORDINANCE NO. 6836 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE UNION PACIFIC RAILROAD COMPANY AND THE VILLAGE OF MOUNT PROSPECT FOR THE CONSTRUCTION AND MAINTENANCE OF AN OVERHEAD BRIDGE PEDESTRIAN CROSSING AND APPROVAL OF AN EASEMENT DEED WHEREAS, the Village of Mount Prospect ("Village") is a home rule municipality pursuant to Section 6 of Article VII of the Constitution of the State of Illinois; and WHEREAS, the Pedestrian Bridge Crossing Agreement ("Agreement") is by and between Union Pacific Railroad Company and the Village of Mount Prospect; and WHEREAS, the Village of Mount Prospect desires to undertake as its project the construction of the new overhead bridge pedestrian crossing on, along, across and over Railroad's property; and WHEREAS, the Union Pacific Railroad Company, for and in consideration of the sum of Seventy Five Thousand Nine Hundred Ninety Dollars ($75,990.00), to be paid by the Village of Mount Prospect, grants a non-exclusive permanent easement for the sole purpose of constructing, operating and maintaining a non -vehicular public grade -separated pedestrian overpass; and WHEREAS, to keep the Project on a schedule that allows it to maintain the funding it has secured for the Project and to complete the Project in a timely manner, it was necessary that the Village Mayor execute both the "Agreement" and the Easement Deed with Union Pacific Railroad; and WHEREAS, both the "Agreement "and the Easement Agreement with Union Pacific had to be executed in enough time so that the Illinois Department of Transportation (IDOT") could certify the Project by March 11, 2026, to allow the Village to participate in the April 2026 construction bidding process conducted by IDOT. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS.- ACTING IN THE EXERCISE OF ITS HOME RULE POWER: SECTION ONE: It is the desire of the Village to approve the "Agreement" and Easement Deed with the Union Pacific Railroad Company, attached as Exhibit A -F and made part hereof SECTION TWO: Based upon the foregoing, the Village Mayor is hereby authorized and directed to execute the "Agreement" and Easement Deed and perform the Village's obligations thereunder. SECTION THREE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. ADOPTED and APPROVED this 16th day of March, 2026 pursuant to a roll call vote as follows: AYES: Dante, Gens, Matuszak, Saccotelli NAYS: DiPrima,Grossi ABSENT: None a Paul Wm. Hoefe t, Villa Mayor ATTEST. - Karen M. Agoranos, Village Clerk 2610421.001 000# 2610421001 Fee $U.00 ILRNSP FEEI818.80 RPRF FEE:91.00 Monica Gordon Cook County Clerk's office. Date; 4/14/2028 8!24 AM PAGE: 1 of 5 Return so. estland T' C 105 W Veterans P IL e0580 FIf - -AONI EASEMENT DEED This EASEMENT DEED (the "Easement Deed") is made this 0 day of 0 , 2026, between UNION PACIFIC RAILROAD COMPANY, a L)tl& kk rexorporation, ("Grantor"), and VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation ("Grantee"), whose address is 50 Emerson Street, Mount Prospect, Illinois 60056. Grantor, for and in consideration of the sum of (Seventy Five Thousand Nine Hundred Ninety and 00/100 Dollars ($75,990.00) and other valuable consideration, to it paid by Grantee, the receipt of which is hereby confessed and acknowledged, grants to Grantee, its successors and. assigns, a NON-EXCLUSIVE PERMANENT EASEMENT (the "Easement"), for the sole purpose of constructing, operating, and maintaining a non -vehicular public grade -separated pedestrian overpass ("Pedestrian Overpass"), including all other structures and appurtenances necessary or convenient to operating, constructing, maintaining, inspecting, repairing and/or replacing the pedestrian overpass, on, over and across the property at or near Grantor's Mile Post 20.80 (DOT No. 975564C) on Grantor's Harvard Subdivision in Mount Prospect, Cook County, Illinois, described in Exhibit A, attached and by reference made a part hereof ("Easement Area"), pursuant to the Illinois Highway Code as may be amended from time to time. The Easement is granted for the purpose described above only. Without limitation of the foregoing, this grant does not include the right to install utilities of any nature, including, without limitation, fiber optic, cable television, electrical, gas or liquid distribution, or telephone lines. Grantee's use of the Easement granted herein shall conform with Division 100 "General Requirements and Covenants" as set forth in IDOT's Standard Specifications for Road and Bridge Construction adopted January 1, 2022, as amended from time to time ("Sections"). If an amended version of any of the Sections are amended in a manner, which results in the requirements contained in any one or more Sections being limited or eliminated, then at a minimum, the Section, in its form as adopted on January 1, 2022, shall govern. Except as may be provided in the Illinois Highway Code, third -party use of this Easement by permit or otherwise shall be subject to the Grantor's approval, which will not be unreasonably withheld. 1 Grantor, its successors and assigns, reserve the right to construct at any and all times and to maintain railroad tracks and appurtenances, fiber optic or signal lines and facilities, pipe, telephone, and electric poles and wire lines, over, under and across the Easement Area, but in such a way as to not unreasonably interfere with Grantee's use of the Easement; it being understood that the rights so reserved by Grantor, its successors and assigns, are retained along with the general right of Grantor, its successors and assigns, to use of the Easement Area for any purpose not inconsistent with Grantee's use of the Easement, including, but not limited to any and all general railroad purposes. The Easement is granted subject to all outstanding leases, licenses and other outstanding rights, including, without limitation, those for pipe, telephone, electric and fiber optic lines and the right of renewals and extensions of the same, and subject also to all conditions, limitations, restrictions, encumbrances, reservations or interests of any person that may affect the Easement Area, whether recorded or unrecorded. The Easement is also limited to such rights as Grantor may have in the Easement Area and is granted without warranty, express or implied. No damages shall be recoverable from Grantor because of any dispossession of Grantee or because of failure of, or defect in, Grantor's title. Grantee shall construct, maintain and repair the Pedestrian Overpass in good condition and repair so that no damage will result from its use to the adjacent land of Grantor or third party, its successors and assigns. Grantee shall also construct, maintain and repair the Pedestrian Overpass in such manner not to cause any interference with Grantor's tracks and appurtenances or rail operations, or the facilities or access rights of utility companies or other occupants of the Easement Area. If Grantee, its successors or assigns, abandons the Easement Area or any portion of the Easement Area, for the purposes of the Easement, the Easement will cease and terminate with respect to the portion of the Easement Area so abandoned, and the title to the Easement Area will be freed from the burden of the Easement. Nonuse of the Easement Area or any portion thereof, for the purposes of the Easement for the period of one (1) year will be deemed an abandonment of the Easement Area or portion thereof not used. Grantor, without limiting the interest above granted and conveyed, acknowledges that upon payment of the agreed consideration, all claims arising out of the above acquisition have been settled, including without limitation, any diminution in value to any remaining property of Grantor caused by opening, improving, and using the Easement for Pedestrian Overpass purposes. This acknowledgment does not waive any claims, including but not limited to trespass or negligence, against Grantee or Grantee's agents which may cause damage to Grantor's remaining property. This grant shall constitute a covenant which runs with the land and shall be binding upon the legal representatives, successors or assigns of Grantor. TAX 0 ra�l4 REAL ESTATE TR ANSFER A ... �....ILLIN..- P... .. __._.. _.. _..... '�� COUNTY 00 �' PRCI�I�.OT OIS. 0-00 R+ U1� MG 11OFf TOTAL: ... 0. .0,.0 0� 33-500 001-0000 I20260301b2883�0-732-351-'2G.l 5 M � �= Grantor and Grantee have caused this Easement Deed to be executed as of the date first herein written. Attest: r STATE OF NEBRASKA ) ) ss. COUNTY OF DOUGLAS ) UNION PACIFIC RAILROAD COMPANY, a Delaware Corporation Title: V -- k 2026, before me, PaO MWO�, No a Public in a f r said County and State, personally appeared and , who are the t and ANY, a Delaware Corporation, respectively, of UNION PACIFIC COM RAILROAD n, and who are personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to in the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. (Seal) Q� Notary Public VILLAGE OF MOUNT PROSPECT Attest: STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) On 2026, before me, hVn McMo� , Notary Public in and for said County and State, personally appeared AJ & C and AAA L- i4ois F6 i , who are the and , respectively, of VILLAGE OF MOUNT PROSPECT, and who are personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to in the within instrument, and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. maw Sea, motwy "it, Sum of 1111 wwis ca"ffftoon 40. 101058 J— (Seal) 4 Notary Public