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HomeMy WebLinkAbout81-0909 Recorded Lovell Rd Easement Grant R 21- 6909 •• Lure I I Rd EQServ),enf G tan** RESOLUTION AUTHORIZING ACCEPTANCE OF A GRANT OF EASEMENT FOR ROADWAY PURPOSES (LOVELL ROAD) WHEREAS, the City of Elgin desires to realign and construct Lovell Road located within the City of Elgin; and WHEREAS, Commonwealth Edison Company, an Illinois corporation, is willing to grant an easement for said purposes upon certain terms and conditions; and WHEREAS, acceptance of said grant of easement is in the best interest of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard L. Verbic, Mayor, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute, on behalf of the City of Elgin, acceptance of a grant of easement, a copy of which is attached hereto and made a part hereof by reference. s/ Richard L . Verbic Richard L. Verbic, Mayor Presented: September 9, 1981 Adopted: September 9 , 1981 Vote: Yeas 6 Nays 0 Recorded: oc. f* AT JACKET Attest: No 26 279 0 6 1 s/ Marie Yearman REGARDING THIS Marie Yearman, City Clerk DOCU ENT. PLAT z74 p a HAS BEEN MICROFILMED rj SEE JACKET FILE No. 5 5 , p ,„4-2 )\- a'" 1t15 6 . 26279061 R i State of Illinois County of Kane ss Certificate of City Clerk City of Elgin I, Marie Yearman, DO HEREBY CERTIFY that I am the City Clerk of the City of Elgin, Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof. I DO FURTHER rCERTIFY hat the attached 's a full,true,and correct copy of pd ..., ..(.. ... ...... ... . . ....... ....6;(.40-# ) r:r 'N1 the original of which is entrusted to my care for safe keeping. In Witness Whereof, I have hereunto set my hand and affixed the corpora seal of the F,,, City of Elgin at the said City in the County and State aforesaid this i'' day of . 19 ( ' Ur.4..—..A-3—X—.) 1.-/-e----a-A-41X-It..4c, City Cl (SEAL) GRANT FOR PUBLIC ROADWAY ti(-"ti ,/ o " THIS INDENTURE WITNESSETH, that the Grantor COMMONWEALTH EDISON COMPANY, an Illinois Corporation, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration to it in hand paid, does hereby give and grant, but without warranty, subject and subordinate to the rights previously granted and exercised by Grantor to its grantee, Northern Illinois Gas Company, such having installed equipment and facilities laid longitudinally and crossing in Grantor's Right-of-Way at this location, and subject to the re- Iservations, conditions and provisions herein contained, unto the Grantee, CITY . OF ELGIN, Cook County, Illinois, the right to use the property legally described • as follows: EXHIBIT "A"-LOVELL ROAD A strip of land 80 feet wide lying East of the East line of Lovell Road and being in part of the Southwest quarter of Section 20, Township 41 North, Range 9 East of the Third Principal Meridian, the center line of which is described as follows: Commencing at the intersection of the Easterly line of lands owned by Commonwealth � Edison Company as described in deed dated April 17, 1963 and recorded in the Recorder's Office of Cook County, Illinois, April 22, 1963 as Document No. 18774775 with the Northerly line of lands dedi- 0 cated for highway purposes by deed dated June 15, 1960 and recorded 'I.4 in the Recorder's Office of Cook County, Illinois, October 18, 1960 4 { as Document No. 17993033; thence North 4 degrees 15 minutes 22 seconds East along said East line, a distance of 250.27 feet for the place n of beginning of said center line of said 80 foot wide strip of land; thence North 58 degrees 49 minutes 35 seconds West 71.73 feet; o thence Northwesterly along a curve to the right having a radius of 314.73 feet and being tangent to the last described course, a dis- tance of 175.01 feet to the East line of Lovell Road for the terminus of said center line of said 80 foot wide strip of land. Being '' situated in Hanover Township, Cook County, Illinois. and shown on Exhibit "A", attached hereto and made a part hereof, for oa vthe following express purposes and for no other purpose express or implied t) whatsoever: T� a. construction and maintenance of a public roadway without any manholes CD or appurtenances in substantial conformity with the plan shown on Exhibit "A", with the road elevation restricted to 779-19, and b. 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. • Grantee agrees that no equipment in excess of 15 feet in height shall be used on Grantor's property. Grantor hereby reserves unto itself, its grantees, licensees, lessees, successors 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 shown on Exhibit "A". Grantee agrees that road elevations and grade will not inhibit Grantor's longitudinal access. Grantee shall be responsible for locating and protecting all pipelines in Grantor's Right-of-Way, and for contacting the owners of the various facilities before the installation of said roadway. Grantee agrees to restore Grantor's property upon completion of the installation of said roadway, to physically remove all debris and to reseed or sod all areas on Grantor's property that were disturbed during construction. Correction of any drainage problems created shall be the sole responsibility ICI of Grantee. II Grantee agrees that no lights shall be installed on Grantor's property without specific authorization for clearance. Grantor hereby reserves the unrestricted right to open cut Lovell Road for underground installations across or along Grantor's property at any future date. Grantor further reserves the right to trim from time to time such Z� trees, saplings and bushes as may be reasonably required in the operation and Z) maintenance of said facilities of Grantor, and Grantee agrees not to plant any CD trees on or near Grantor's property, which can grow into the facilities of Grantor. e-r agrees and shall require its contractor or contractors, working on, over and across said property, to furnish Edison with a certificate or certificates of insurance certifying coverage for Workmen's Compensation Insurance and Public Liability Policy with minimum limits of $300,000/$500,000 for bodily injury to and $50,000 for property damage. - 2 - 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. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this ` f,: � �* day of ,r;,,/dfl/1'/ , A.D. 198q COMMONWEALTH EDISON COMPANY By p � Vice President ATTESTv • ArColt4GOarf,, Assistant Secretary The foregoing grant is hereby accepted upon the terms and conditions stipulated therein. CITY OF ELGIN By ) t i, t ., 1, A . Mayor ATTEST: Ci Clerk r) Ct) CD - 3 - • STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) Robert A. Slawik , a Notary Public, in and for said County, in the State aforesaid, do hereby certify that P., B. KAVANAGII , Vice President of COMMONWEALTH EDISON COMPANY, an Illinois Corporation, and Robert W. B ese Assistant Secretary of said company, personally known to m 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 ©1�� Ar� ' , A.D. T9841982. Notary Public My Commission Expires: 7 /Mc • STATE OF ILLINOIS ) ) SS COUNTY OF KANE ) I, Nancy Roll a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Richard L. Verbic , personally known to me to be the Mayor of the CITY OF ELGIN and Marie Yearman , personally known to me to be the Clerk of said City, 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 Mayor and City Clerk, appeared before me this day in person and acknowledged that they signed and delivered such acceptance for and on behalf of said City and caused the corporate seal of said City to be affixed thereto as their free and voluntary act, and as the free and voluntary act of said City for the uses and purposes therein set forth, pursuant to a written resolution duly passed by the Mayor and City Council of said City on the 9th day T� of September , A.D. 1981. E rJ Given under my hand and notarial seal this 23rd day of September , A.D. 1981. C1� CD Nota y Public My Commission Expires: August 10, 1985