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Home My WebLink About59-0813 Com Ed Easement GRANT OF EASEMENT WHEREAS, the undersigned, CITY OF ELGIN, a municipal cor- poration, is the owner of a certain parcel of land. located in Lot (J) of Lovell 's Acidition to Elgin; and WHEREAS, said propert; Is conveniently located and desir- able for an easement for public utility purposes upon, in, under, overo across and along a portion of the above-described property and more particularly shown outlined on the attached plat marked Exhibit ft All and he:�eby made a part hereof. NOW, THEREFORE, for and in consideration of One Dollar ($1.00) and other valuable considerations In hand paid, receipt of which Is hereby acknowledged, and pursuant to authority given by the City Council, said CITY OF ELGIN, hereby gives and -grants unto COM- MONWEALTH EDISON COMPANY, an Illinois corporation, its grantees, les- sees, licensees, successors an6 assigns, a perpetual right, easement, permission and authority to L;onstruct, operate, use, maintain, repair, replace, -relocate, renew and remove poles, crossariis, wire3,cables, conduit and other overhead or underground equipment, or both, for the transmission of electric energy upon, in, i.i. der, over, across and alon,,; t1ne following described promises : Parts of Lot Five (5) Lovell 's Addition bo Elgin In the Northeast Quarter (NEI) of Section Eleven 4 , Township Forty-one (111) North, Range Eight (8). East of the Third Principal Meridian, in the City of Elgin, Kane County, Illinois, described as follows: (1) Commencing at a point where the North line of Sla6e Avenue intersects the Westerly Right-of-Way of the Chicago & North Western Railway; thence Northerly along the 'Westerly line of said right-of-way, Nine Hundred Fifty-eight and five tenths (958-5) feet; thence North Thirty (30) degrees, Fifteen (15) min- utes West, Twenty-eight and no tenths (28.0) feet AA for- the place of beginnin,y; thence North Thirty (30) degrees, Fifteen (15`� minutes West, One Hundred Eighteen (118 feet to a point which is South Fifty-seven (57i degrees, Fort.,,-seven (47) minutes East a distance of Forty--four and no tenths (44.01 feet from the Easterly shore of the Fox River; thence North Fifty-seven (57) degrees, Forty-seven 47) minutes West, Forty-four and no tenths (44.0) feet to the Easterly shore of the Fox River; thence South Fifty-seven (57) degrees, Forty-seven (47) minutes East, Two Hundred Sixteen and no tenths (21r .0) feet to a point in the West- erly right-of-way of the Chicago & North Western Railway One Thousand Thirty-eight and seven tenths (1033.75 feet to the North line of Slade Avenue; ALSO (2) Commencing at a point where the North line of Slade Avenue intersects the Westerly right-of-way of the Chicago & •North 4estern Railway; thence Northerly along the "Westerly line of said right-of-way, Nine Hundred Seventy-four and no tenths (9740)feet; thence North Twenty-five (25) degrees, Lght (8) minutes West, Ei hteen and no tenths (18.0) feet for a place of beginning thence North Seventy-seven (77) degrees, Forty-two (42) minutes East, Seventy- eight and no tenths (78.0) feet; to a proposed cable pull hole which is Two and five-tenths (2.5) feet Westerly of the Westerly right--of-way ling: of the '1-1cago & North Western Railway thence North Sixt,s- six (036) degrees, Forty-two (42i minutes Fast, One Hundred and no tenths (100.0) Feet to a proposed cable pull hole which is Six and twenty-five hun- dredths (6.25) feet; Westerl, of the, i�esterly right- of-wa.y line of said Chicago & North Western Railway thence North Sevents;�--seven (77) degrees, Twelve (12 minutes East, Fort seven and no tenths (47.0) feet to a point in the Westerly right-of-way line of said Chicago & North Western Railway, which is One Thousand One Hundred Ninety-six and six tenths (1196.6) feet from the North line of Slade Avenue, with the right of ingress to and egreos frorn said. premises at: all times for any and all such purposes. In case a building or structure is to be erected in dangerous p;:-oxirait;r to said equipment, said owner, its successors and assigns, shall notify 001PLIONWEALTH EDISON COMPANY, prior to the construction of anj such building or structure, and COMMONWEALTH EDISON COMPANY, shall -2- move and relocate its equipment to another suitable location on said casement to Provide saft clearance, upon said owner, its Successors and assigns paying to COMMONWEALTH EDISON COMPANY, the cost and expen- ses ses incurred b-31. reason thereof. IC such relocation on said easement is not feasible, for any reasons said owner, Its Successors and assigns shall furnish to COM_ MONWEALTH EDISON COMPANY, without (,lost or expense to said Companys a good and Sufficient easement Substantially in the form of this agree- ment for said equipment at a location satisfactory to COMMONWEALTH EDISON COMPANY and said Company shall move and relocate Its equipment to Such location upon said owner, its Successors and assigns paYins to COMMONWEALTH EDISON COMPANY., the costs and expenses incurred by reason thereof. It is speciCically understood by and betoeen the parties here- to - -xisting water lines., tiles, to that this �a�3ement IS subj��c,- 1,o any pipes or appurtenances, either upon or under the premises described In this easement, and thn CLt,; of TUg-7n reserves the right at all times to go upon said premises for the purposo of maintaining., repairing or ser- vicing any such lines, tiles, pipes or appurtenances, and the COMMONWEALTH EDISON COMPANY covenants to in no way Interfere with, re- moves destroy or injure any such water lines, "Iles, Pipes or appurten- ance. , T �is is hereby agreed by both parties that when COMMON4EALTH EDISON COMPANY abandons the use of the easement rights herein Sranted, Q> this easement shall cease, terminate and be cancelled without and further obligation upon COMMONWEALTH EDISON COMPANY'S part. -3- AA This agreement sl'iall enure: to the benefit of and be binding upon the parties hereto, their respective grantees, lessees, licensees, successors and assigns. Executed in Two (2) counterparts as of the uay of A.D. 1959. CITY OF ELGINO a municipal corporation By ATTEST: Wa-y—or Cip--c=ier COVNOWEALTH EDISON ""OMPAN1 an Illinois corp ration S e c r e t efr,/ STATE OF ILLINOIS SS COUNTY OF coo I, H-emseer PfAsE a Notary Public, in and for saIC County, in the State aforesaid, (5o certil ,/ that A. MerE Mayor of City of Ell,,,in, a municipal corporation, and mr,?rke- &. spleaAEm City Clerk of said corporation, personally known to in : to be the same persons whose names are subscribed to the Lore--,,oing instrument as such Ma-,00 and City Clerk respectively C) 1; appeared before the this da�i in person and acknowledged that they signed and delivered the said instiument, as t-heir own free and vol- untar, act and as the free and voluntar,.- act of said corporation for the uses and pu--poses therein set forth; and the said City Clerk, did also then and there acknowledge that he as custodian of the corpo- rate seal of said corporation, did affix the said corporate seal of said corporation to said instrument as his own free and voluntary act and. a.3 the free and voluntar�,', act of said corporation for the uses and purposes therein set forth. Given under my han(j and. notarial seal this 1_* rO day of A u A. D. 1959. Notary blic STATE OF ILLINOIS SS COUNTY OF COOK I, LaVerne R. Mitchel a Notary Public, in and for said County, In the State aforesaiu,, do hoveby c-artify that, ViTMA.4 YtRS Vice-President of COMMONWEALTH EDISON COMPANY,, n a I linG0 si corporation, and y1ci N. Baltft Secretary of said company, personally known to me to be the same person�3 whose names are subscribed to the foregoing. Instrument as such Vice-,?-resident and -*,t,%4 Secretary respectively appeared before me this day in person and acknowledged that they signed and delivered the said instrument, as tineir own free and voluntary act and as .tree and voluntary act of sdI6 -0or the uses and purposes therein set forth- and the said Secretary, did also then and there acknowledge that he as custodian of the (,,orpo- rate seal oC said company, did affix the 3ald corporate seal of said cofiipanj to said Instniment as his own .free and, ,,oluntary act and as IL-,h-- 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. 1959. Notary TrubTic