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HomeMy WebLinkAbout01-203 , Resolution No. 01-203 RESOLUTION AUTHORIZING EXECUTION OF A LICENSE AGREEMENT WITH AMEREN ENERGY DEVELOPMENT COMPANY TO PERMIT THE INSTALLATION OF POWER LINES ACROSS SPAULDING ROAD BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a License Agreement on behalf of the City of Elgin with Ameren Energy Development Company to permit the installation of power lines across Spaulding Road, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: July 11, 2001 Adopted: July 11, 2001 Vote : Yeas : 7 Nays : 0 Attest : s Dolonna Mecum Dolonna Mecum, City Clerk . • 1 Ameren Services One Ameren Plaza 1901 Chouteau Avenue PO Box 66149 St.Louis,MO 63166-6149 314.621.3222 August 17, 2001 City of Elgin �1I Mr. Mark T. Biernacki !Ameren 150 Dexter Court Elgin,Illinois 60120-5555 Dear Mark, The enclosed license agreement,pertaining to the aerial crossing of Spaulding Road by Ameren electric and communication facilities,has been executed and is provided for your records. Very truly yours, Geoffrey M. es Supervisor, eal Estate GMJ/blr Enclosure cc: R.C. Smith w/encl. Chad Butzow a subsidiary of Ameren Corporation 1 Y LICENSE AGREEMENT THIS AGREEMENT, made and entered into this //4.1 day of i , 2001 by and between CITY OF ELGIN, a municipal corporation, organized and existing under the laws of the State of Illinois ("Licensor") and Ameren Energy Development Company, an Illinois Corporation("Licensee"); WITNESSETH: WHEREAS, Licensee is or will be the owner of the following described parcel of real estate and easement("Benefitted Parcel") SEE ATTACHED EXHIBIT A WHEREAS, Licensor is the owner of certain public right-of-way commonly known as Spaulding Road, running east and west along the north boundary of the Benefitted Parcel easement; and WHEREAS, the License Parcel is depicted on Exhibit B attached hereto and made a part hereof; and WHEREAS, Licensee desires to erect an electrical generator lead and communication lines ("Improvement") on a portion of the License Parcel, all in accordance with Exhibit B. NOW, THEREFORE, the parties agree as follows: 1. The Licensor hereby grants unto Licensee the right to erect the Improvement within the License Parcel as set forth in Exhibit B. 2. In consideration for this Agreement, Licensee agrees to pay to Licensor a fee of Ten and 00/100 Dollars ($10.00), due and payable when this Agreement is executed. 3. This Agreement and the license granted herein are perpetual and shall not be terminable except with the written consent of Licensee, which consent shall not be withheld once the Improvement no longer provides electrical and communications service to the Benefitted Parcel. 4. Licensee agrees to install the Improvement only as depicted on Exhibit A and in compliance with all applicable electrical and communications facility regulations. 5. Licensee agrees that the Improvement shall be installed and maintained at all times in accordance with generally accepted standards for the installation and maintenance of electrical and communications facilities in the City of Elgin and in accordance with all applicable requirements of the Elgin Municipal Code, 1976, as amended. Licensee shall at its own responsibility and expense obtain and keep in effect all licenses, bonds and permits necessary for the installation and existence of the Improvement. 1 ' e 6. Upon termination of the Agreement, Licensee agrees to remove the Improvement from the License Parcel within a reasonable time period to be mutually agreed between Licensor and Licensee at the time of termination, and restore the site to its original condition. 7. Licensor shall in no way be responsible for loss of, or damage to, the Improvement or for any property belonging to or rented by Licensee, its officers, servants, agents, or employees which may be stolen, destroyed, or in any way damaged during the erection or maintenance of the Improvement, and Licensee hereby indemnifies and holds harmless Licensor, its officers, agents, servants, and employees from and against any and all such claims. 8. Licensee agrees to and does hereby, indemnify, hold harmless, and defend Licensor, its officers, agents, servants, for any property loss or damage and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in connection with the existence, maintenance, use or location and responsibility of Licensor, its officers, agents, servants and employees for such suits or claims. Licensee shall likewise indemnify and hold harmless Licensor for any and all injury or damage to the License Parcel, whether arising out of or in connection with any and all acts or omissions of Licensee, its officers, agents, employees, contractors, licensees, invitees, or trespassers. 9 Licensee covenants and agrees to furnish Licensor with evidence of insurance naming Licensor as additionally insured for private utility lines on City right-of-way as proof that is has secured and paid for a policy of public liability insurance annually covering all public risks related to the use, maintenance, existence, or location of the Improvement. The amounts of such insurance shall be as follows: Comprehensive General Liability for Bodily Injury, Personal Injury and Property Damage: $100,000 per occurrence: $500,000 annual aggregate; with the understanding of and agreement by Licensee that such insurance amounts shall be revised upward at Licensor's option, and Licensee will so revise such amounts within thirty (30) days following notice to Licensee of such requirements. 10. This license, including the benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of all parties having or acquiring any right, title, or interest in and to any portion of, or interest or estate in, the License Parcel. 11. Licensee agrees that should any action, whether real or asserted, at law or in equity, rise out of the terms of this Agreement, or by Licensee's operations on the License Parcel,venue for said action shall lie in Kane County, Illinois. 12. In any action brought by Licensor for the enforcement of the obligations of Licensee, Licensor shall be entitled to recover interest and reasonable attorney's fees. 13. Licensee agrees to provide for recordation of this Agreement at its own expense and to provide proof of such recordation to Licensor. 14. This License is assignable by Licensee to its successor in title to the Benefitted Parcel at Licensees sole discretion. IN WITNESS WHEREOF, the parties have caused this agreement to be 2 Executed by the City manager and City Clerk of the City of Elgin and Ameren Energy Development Company, by its Vice President and Assistant Secretary. CIT F ELGIN By: G� Y ANAGER ATTEST: NZ-YI/Ytte CITY CLE P/C"4"- AMEREN ENERGY DEVELOPMENT COMPANY By: 2. VICE P SIDENT ATTEST: 1 ASSIST T SECRETARY 3 ,0,'1i1iiirti; • • ram! s EXHIBIT A EASEMENT: THE WEST 70 FEET OF THE FOLLOWING DESCRIBED REAL ESTATE: A PARCEL OF LAND IN THE SOUTHWEST 1/4 OF SECTION 29 AND THE NORTHWEST 1/4 OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, STATE OF ILLINOIS AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST Y4; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION 29 A DISTANCE OF 620.37 FEET TO A POINT ON THE CENTERLINE OF SPAULDING ROAD; THENCE EASTERLY ALONG SAID CENTERLINE, FORMING AN ANGLE TO THE LEFT OF 88 DEGREES 24 MINUTES 32 SECONDS A DISTANCE OF 234.75 FEET TO A POINT 1473 FEET EAST OF THE EASTERLY RIGHT OF WAY LINE OF GIFFORD ROAD, ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ALONG SAID CENTERLINE A DISTANCE OF 357.18 FEET TO A POINT 225.00 FEET WESTERLY OF THE WESTERLY LINE OF THE COMMONWEALTH EDISON RIGHT OF WAY; THENCE SOUTHERLY PARALLEL WITH SAID EAST RIGHT OF WAY LINE OF GIFFORD ROAD, FORMING AN ANGLE OF 89 DEGREES 41 MINUTES 02 SECONDS TO THE LEFT WITH SAID CENTERLINE A DISTANCE OF 710.00 FEET; THENCE WESTERLY PARALLEL WITH SAID CENTERLINE A DISTANCE OF 357.18 FEET; THENCE NORTHERLY PARALLEL WITH SAID EAST RIGHT OF WAY LINE OF GIFFORD ROAD A DISTANCE OF 710.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 5.82 ACRES, MORE OR LESS. FEE OWNERSHIP: THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 31, AND THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON STAKE AT THE CENTER LINE OF GIFFORD AND SPAULDING ROAD; THENCE NORTH 89 DEGREES 58 MINUTES 09 SECONDS EAST, ALONG THE CENTER LINE OF SAID SPAULDING ROAD AS MONUMENTED, A DISTANCE OF 33.00 FEET TO THE EASTERLY RIGHT OF WAY LINE OF SAID GIFFORD ROAD, SAID RIGHT OF WAY LINE BEING 33.00 FEET EASTERLY, AS MEASURED PERPENDICULAR AND PARALLEL TO SAID CENTER LINE OF GIFFORD ROAD; THENCE SOUTH 00 DEGREES 13 MINUTES 56 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 710.00 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 58 MINUTES 09 SECONDS EAST, PARALLEL WITH SAID CENTER LINE OF SPAULDING ROAD, A DISTANCE OF 1262.38 FEET TO THE EASTERLY LINE OF SAID EAST HALF OF THE NORTHEAST QUARTER OF SECTION 31; THENCE CONTINUING NORTH 89 DEGREES 58 MINUTES 09 SECONDS EAST, ALONG SAID LINE PARALLEL WITH THE CENTER LINE OF SPAULDING ROAD, A DISTANCE OF 365.73 FEET; THENCE SOUTH 00 DEGREES 17 MINUTES 07 SECONDS WEST, A DISTANCE OF 893.59 FEET TO THE NORTH LINE OF ELGIN-VICTOR INDUSTRIAL PARK, BEING A SUBDIVISION OF PART OF SAID SECTIONS 31 4 AND 32; THENCE NORTH 89 DEGREES 41 MINUTES 49 SECONDS WEST, ALONG SAID NORTH LINE, A DISTANCE OF 1627.93 FEET TO THE AFORESAID EASTERLY RIGHT OF WAY LINE OF GIFFORD ROAD; THENCE NORTH 00 DEGREES 22 MINUTES 49 SECONDS EAST, ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 256.75 FEET TO AN ANGLE POINT IN SAID EASTERLY RIGHT OF WAY LINE; THENCE NORTH 00 DEGREES 13 MINUTES 56 SECONDS EAST, ALONG SAID EASTERLY RIGHT OF WAY LINE, A DISTANCE OF 627.36 FEET TO THE POINT OF BEGINNING. BEING SITUATED IN THE CITY OF ELGIN, COOK COUNTY, ILLINOIS, AND CONTAINING 33.22 ACRES MORE OR LESS. 5 Li'Ceels,- eiarc.cL NI 22 ... .'....•,••• .+we xc..Ea ..G Yr[OCt00 �Ify'2/51'E %0.00 I carto 1 - SPAULDING- -LIT.),L_-ROAD---- °•r- f..�)•fl »,I. '---�,- r -,.- .- I I I COOK COUNTY - ma - C ---}- f ea O MIND r,rE 012 SOW•60]W 1 1 i Y\I�� r0m0 d MOr(mM1 CD.K11 Ma rr(Iq•1p \ 1 1 • vn\ -KC II]i]]' KC MV1'0]'_ 01,EAST OF 1 COPED 1 I ‘1111111k K.1••zF) .40 WC I .. 9R ��rt.- Y[•1 09•'f0' 1 1 I��` -D.9co WC 1 1 I LOC•n0N --111/11111ft A��6�i� rwIIM1 WC 1 1 g ��•iV 9 e /G DEED '=�'" I a g W 8 ALTA/ACSM <I;. 0 �,�� N PARCEL 2 t LAND TITLE SURVEY 1 >n � � i 616 1 b;b zz g 555 aQ • THE WEST 70 FEET OF THE FOLLOWING DESCRIBED PROPERTY PER DEED: - I I cR�tiIt,�.uE � Y gy ".• A PARCEL OF LAND IN,THE SOUTHWEST QUARTER OF SECTION 29 AND THE 88 3 p NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 41 NORTH,RANGE 9 EAST 1 ' ; let g11 OF THE THIRD PRINCIPAL MERIDIAN,IN COOK COUNTY. STATE OF IWNOIS Prtt � . :^g BAS 7�3 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE ��' dno.GM1PK Ng'' E fab SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTHERLY, 1101 r"E f011D m Y ` ALONG THE WEST UNE OF SAID SECTION 29, A DISTANCE OF 620.37 FEET tOt • unn,-M I>.I)--•�•-•-•�•�•-CI-- --.-.�..,_. 6�DM Z ab TO A POINT ON THE CENTERLINE OF SPAULDING ROAD: THENCE EASTERLY (oM0"c��01T 12•LM) _ l \ ALONG SAID CENTERLINE,FORMING AN ANGLE TO THE LEFT OF 88 DEGREES '4-1 fu1 FAT'I1]2•.W OIEm MII]�b17 `_. 1YLl]_ MK]>'fl-.b).1• 21 n.um SANTANA IMO E•9]0R' L - 24 MINUTES 32 SECONDS A DISTANCE OF 234.73 FEET TO A POINT 1473 Dac Ma DDTu11r KCOCCO YA.1.ID00 ,A.11..01.0......111111.7.11.1.0.0....0 sK'2)'1Y ��n.M FEET EAST OF THE EASTERLY LSO I ; i I E glC \a PIM rwn BEING THE POINT OF BEGINNING; THENCE OF WCONTINUING EASTERLY ALONAY UNE OF GIFFORD ROAD.G i" of w ICON w°.'wnWr • I �'.1 SAID CENTERUNE A DISTANCE OF 337.18 FEET TO A POINT 223.00 FEET I "• J• 1,2.10 __v3 WESTERLY OF THE WESTERLY UNE OF THE COMMONWEALTH EDISON RIGHT z•np•2F( OF WAY; THENCE SOUTHERLY PARALLEL WITH SAID EAST RIGHT OF WAY ,I �� i g a LINE OF GIFFORD ROAD,FORMING AN ANGLE OF 89 DEGREES 41 MINUTES z I 4 uI•EUDTrc 02 SECONDS TO THE LEFT WITH SAID CENTERUNE A DISTANCE OF 710.00 [II 1 I A Elsnipt FEET; THENCE WESTERLY PARALLEL WITH SAID CENTERUNE A DISTANCE �'�Jtt OF 357.18 FEET; THENCE NORTHERLY PARALLEL WITH SAID EAST RIGHT ..... �� I i OF WAY UNE OF GIFFORD ROAD A DISTANCE OF 710.00 FEET TO THE ICC 1 MKnr.n. 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Spaulding Road 0 E.O.P. toIn EDGE OF R/W o io v CoTRANSMISSION CENTERLINE co II 0 . I 1- a01-2 Z tY Z U f o f \___ - FENCE o W Z la a EDGE OF R/W J a EXISTING TRANSMISSION LINE W d 0 O_ A W CL L. 0 FOR COMMENTS CD9I4/1^' W O NO NO. DESCRIPTION BY DATE A ALa 6-0 W UI1- REVISIONS W Z W N 0 r t AMEREN ENERGY DEVELOPMENT COMP, J ELGIN ENERGY CENTER ce w TRANSMISSION LINE PROJECT I- SCALE NONE DATE...O..4...?.0-.0.1..DRAWN...C:.QMA Z CHECKED B.C.WOOD W U APPROVED J. CONIDI SHEET 1 0P 1 DWG. NO, t-7 05 &/..l.7-4 P/eqz • Ameren Services One Ameren Plaza 1901 Chouteau Avenue PO Box 66149 St.Louis,MO 63166-6149 August 13,2001 314.621.3222 City of Elgin Attn: Mr.Mark Biernacki Community Development Manager 150 Dexter Court Elgin,IL 60120-5555 Attn: Mr. Biernacki Re: Ameren Statement of Self-Insurance AmerenYour request for insurance coverage in connection with the construction of electric facilities on City Right of Ways has come to my attention. Please use the following information as the basis for waiving your standard insurance requirements in connection with such services. Ameren Corporation is a qualified self-insurer under the Missouri,Illinois and Iowa Worker's Compensation and Occupational Disease Acts and as such is authorized to carry all of its compensation liability without insurance. As regards General Liability insurance coverage,Ameren acts primarily as a self-insurer for its common law and assumed liability for the primary level of any accident involving injury or damage to the public and/or their property in connection with accidents arising out of the Company's operations. Blanket Catastrophe Excess Liability coverage is in force applying to all operations. This coverage applies over self-insurance,primary insurance or a combination of both and has a high limit per occurrence. Primary Comprehensive Automobile Liability coverage is maintained in force. Thank you for your cooperation in this matter. Sincerely, RISK MANAGEMENT Mark E.Blair Insurance Specialist MEB/bjl cc: Geoff Jones a subsidiary of Ameren Corporation / OE,N. Q- • 0 ; ' z ' ` City of Elgin Agenda Item No. k a 'PA lED v0' E t L ; g0 ' ;' .`G r July 6, 2001 I " '" ' TO: Mayor and Members of the City Council _ ECONOMIC GROWTH FROM: Joyce A. Parker, City Manager SUBJECT: Ameren Energy Licensing Agreement PURPOSE The purpose of this memorandum is to provide information relating to the installation of overhead power lines across Spaulding Road. BACKGROUND The City Council recently approved Ameren Energy' s request to construct an electrical power generating facility on Gifford Road, south of Spaulding Road. The principal means of conveying the plant' s electrical power generation is via overhead transmission lines leading from the plant, northerly to the Com Ed sub-station located on the north side of Spaulding Road. The attached license agreement authorizes Ameren to cross the Spaulding Road public right-of-way. In exchange for permission to do so, this agreement obligates Ameren to a variety of improvement, maintenance, and insurance responsibilities. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED _ None. IMPACT 7/1 &..FINANCIAL No e . GAL IMPACT The Legal Department has reviewed the attached agreement . Ameren Energy Licensing Agreement July 6, 2001 Page 2 ALTERNATIVES 1 . Approve the license agreement . 2 . Deny the license agreement . RECOMMENDATION It is recommended that a license agreement which allows for the placement of Ameren' s transmission lines across Spaulding Road be approved. Respectfully submitted, Joyce A. Parker City Manager JAP/mtb wAmeren Resources One Ameren Plaza 1901 Chouteau Avenue PO Box 66149 St.Louis,MO 63166-6149 314.554. 66 g y 314.554.303066 fax www amerenenergy.com May 10,2001 MAY 1 1 2001 Mr. Chad Butzow CITY OF EL G I N Engineering Department ENGINEERING DEPT. City of Elgin Elgin, IL 60120-5555 RE: LICENSE AGREEMENT FOR ELECTRIC AND COM117UNICATION LINE Dear Mr.Butzow, Please find the enclosed two(2)copies of a proposed license agreement for the crossing of Spaulding Road (aerial)by electric and communications lines that will extend from our Elgin Energy Center to the Commonwealth Edison substation north of Spaulding Road. I ask that you review the enclosed and advise me if it is sufficient for City of Elgin signatures or if there are additional matters we need to address. The proposed agreement is modeled after the sample you provided to me. If it is acceptable,please provide signatures and return to me.I will promptly have it executed by Ameren and provide an original for your records.My phone number is 314.554.2114.Please call with comments or questions. Very truly �yours, Geoffrey ones Real Estate Supervi GMJ/blr Enclosure cc: R.C. Smith J.Jones K. Wabel