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HomeMy WebLinkAbout89-0519 Com Ed Easement GRANT FOR PUBLIC ROADWAYS AND SUB-SURFACE FACILITIES 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 by Grantor to and exercised by the NORTHERN ILLINOIS GAS COMPANY and LAKEHEAD PIPELINE COMPANY, each having installed equipment and facilities laid longitudinally in Grantor' s Right-of-Way at this location, and subject to the reservations , conditions and provisions herein contained, unto the Grantee, the City of Elgin, Cook County, Illinois , a perpetual easement for the right to use the property legally described as follows: Project I : i LONGFORD DRIVE A strip of land 60 feet wide extending across the Commonwealth Edison Company R/W in the Northwest Quarter of Section 17, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at a point on the North line of said Section 17, which is 1 ,177. 12 feet East of the Northwest corner of said Section, said point being on the West line of said Commonwealth Edison Company' s R/W being also the Northeast corner of Parkwood East Unit 2; thence South along the West line of said Commonwealth Edison Company' s R/W which if extended South, would intersect the South line of the Northwest Quarter of said Section 17 at a point 1 ,180.59 feet, East of the Southwest corner of said Northwest Quarter of Section 17, a distance of 325.00 feet for the point of beginning; thence East at right angles to the last described course, 190.00 feet to the East line of the 40 foot widening of said Commonwealth Edison Company R/W; thence South along said East line, being a line 190.0 feet East of and parallel with the West line of Commonwealth Edison Company' s R/W (East line of said Subdivision) , a distance of 60 feet; thence West along a line drawn perpendicular to the last described course, 190.0 feet to the West line of said Commonwealth Edison Company' s R/W (East line of said Subdivision) ; thence North along said West line 60.0 feet to the point of beginning, in Hanover Township, Cook County, Illinois, as shown on Exhibit "A" , attached hereto and made a part hereof; and Project II : ADLER LANE A strip of land 60 feet wide extending across the Commonwealth Edison Company R/W in the Northwest Quarter of Section 17, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at a point on the North line of said Section 17, which is 1 ,177. 12 feet East of the Northwest corner of said Section, said point being on the West line of said Commonwealth Edison Company' s R/W being also the Northeast corner of Parkwood East Unit 2; thence South along the West line of said Commonwealth Edison Company' s R/W which if extended South, would intersect the South line of the Northwest Quarter of said Section 17 at a point 1 ,180.59 feet, East of the Southwest corner of said Northwest Quarter of Section 17, a distance of 1 ,652.80 feet for the point of beginning; thence East at right angles to the last described course, 190.00 feet to the East line of the 40 foot widening of said Commonwealth Edison Company R/W; thence South along said East line, being a line 190.0 feet East of and parallel with the West line of Commonwealth Edison Company' s R/W (East line of said Subdivision) , a distance of 60 feet; thence West along a line drawn perpendicular to the last described course, 190.0 feet to the West line of said Commonwealth Edison Company' s R/W (East line of said Subdivision) ; thence North along said West line 60.0 feet to the point of beginning, in Hanover Township, Cook County, Illinois, as shown on Exhibit "B" , attached hereto and made a part hereof; and Project III: BODE ROAD A strip of land extending across Commonwealth Edison Company' s R/W being that part of the West Half of Section 17, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows : Beginning at a point on the east and west centerline of said Section 17, which is 1 ,180.59 feet East of the West Quarter corner thereof; thence north along a line being the west line of Commonwealth Edison Company' s R/W, which if extended north, would intersect the north line of said Section 17, at a point 1 ,177. 12 feet east of the northwest corner thereof, a distance of 50 feet; thence East along a line 50 feet north of and parallel with the east and west centerline of Section 17, a distance of 190.0 feet to the east line of the 40 foot widening of said Commonwealth Edison Company' s R/W; thence south along 9 the east line of said 40 foot widening of the Commonwealth Edison Company R/W, 50 feet to the east and west centerline of said I - 2 - Section 17; thence west along the east and west centerline of said Section 17, a distance of 40.02 feet to the east line of Commonwealth Edison Company' s original 150 foot wide R/W; thence south along said East line to the intersection of said line with a line drawn 10 feet South of and parallel with the east and west centerline of said Section 17; thence west along the last described parallel line, 150. 1 feet to the West line of said Commonwealth Edison Company R/W; thence north along the West line of said Commonwealth Edison Company R/W, 60 feet more or less to the point of beginning, in Hanover Township, Cook County, Illinois, as shown on Exhibit "C" , attached hereto and made a part hereof. Projects I , II and III hereinafter shall jointly or severally be known as "Public Roadways" . Said Public Roadways identified as "Exhibits A, B, and C") , will provide for the following express purposes and for no other purpose express or implied whatsoever: a. construction and maintenance of the Public Roadways in strict conformity with the plans shown on Exhibits "A, B, and C" , b. construction and maintenance of curbs and sidewalks on said property in connection with said Public Roadways , 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. Project IV Grantor hereby agrees to grant the right and privilege to install , use, operate, maintain, replace and remove one 10-inch Water Main, within the confines of Longford Drive, hereinafter referred to as "Facility" , in, under and across Parcel Nos. 36 and 36W-1 of Grantor' s Joliet-Crystal Lake Right-of-Way in the Northwest Quarter of Section 17, Township 41 North, Range 9, East of the Third Principal Meridian, Cook County, Illinois, the said Facility shall be installed along the centerline as indicated on the drawing, marked Exhibit "A" attached hereto and made a part hereof. Project V Grantor hereby agrees to grant the right and privilege to install , use, operate, maintain, replace and remove one 10-inch Sanitary Sewer and one 18-inch Storm Sewer, hereinafter referred to as "Facility" , - 3 - in, under and across Parcel Nos. 36 and 36W-1 of Grantor' s Joliet-Crystal Lake Right-of-Way in the Northwest Quarter of Section 17, Township 41 North, Range 9, East of the Third Principal Meridian, Cook County, Illinois, the said Facility shall be installed along the centerline as indicated on the drawing sheet 5 of 16, dated December 28, 1988, and last revised February 15, 1989, marked Exhibit "D" attached hereto and made a part hereof. Project VI Grantor hereby agrees to grant the right and privilege to install , use, operate, maintain, replace and remove one 12-inch Water Main, one 24-inch Storm Sewer and one Manhole, within the confines of Bode Road, hereinafter referred to as "Facility" , in, under and across Parcel Nos . 36, 36W-1 and 37 of Grantor' s Joliet-Crystal Lake Right-of-Way in the Northwest Quarter of Section 17, Township 41 North, Range 9, East of the Third Principal Meridian, Cook County, Illinois, the said Facility shall be installed along the centerline as indicated on the drawing Sheet 4 of 16, dated December 28, 1988, and last revised February 15, 1989, marked Exhibit "E" attached hereto and made a part hereof. Projects IV, V and VI hereinafter shall jointly or severally be known as "Facilities". Said Facilities identified as "Exhibits A, D, and E") , will provide for the following express purposes and for no other purpose express or implied whatsoever: a. construction and maintenance of the "Facilities" in strict conformity with the plan shown on Exhibits "A, D and E". This grant is made by Grantor and accepted by the Grantee under the following terms and conditions: FIRST: 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 - 4 - facilities upon, over and under the surface of the property described above, as known as Roadways as it or they shall see fit insofar as such uses are compatible with the improvements as shown on the Exhibits "A, B and C" drawings. SECOND: 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 as shown on the Exhibits "A, D and E" drawings. THIRD: Grantee agrees to require its contractor, before commencing the work of installing, repairing, replacing or removing the Public Roadway and Facilities to purchase and maintain, or at the option of Grantee to itself purchase and maintain, at the cost of Grantee or its contractor, a policy or policies of insurance issued by good and responsible insurance companies and in a form satisfactory to Grantor as follows: 1 . ) Workers ' Compensation Insurance Policy: Coverage A - To pay promptly when due all compensation and other benefits required of the insured by the workers ' compensation law. Coverage B - Employers ' Liability: To pay on behalf of the insured with limits not less than $500,000 each accident/occurrence all sums which the insured shall become legally obligated to pay as damages because of bodily injury by accident or disease, including death at any time resulting therefrom. Coverage A and Coverage B will cover all contractors, subcontractors, and their subcontractors; - 5 - 2. ) Comprehensive General Liability Policy or Policies covering all contractors , subcontractors and all their subcon- tractors with limits not less than the combined single limit of $3,000,000 for bodily injuries to or death of one or more persons and/or property damage sustained by one or more organizations as a result of any one occurrence, which policy or policies shall not exclude property of Grantor. Commonwealth Edison Company, as Grantor, shall be added as Additional Insured under endorsement GL 2010. Bodily injury means bodily injury, sickness, or disease sustained by any person which occurs during the policy period, including death, at any time resulting therefrom. Property damage means (1 ) physical injury to or destruction of tangible property which occurs during the policy period, including the loss of use thereof at any time resulting therefrom, or (2) loss of use of tangible property which has not been physically injured or destroyed provided such loss of use is caused by an occurrence during the policy period. There shall be furnished to Grantor, prior to commencing the work of installing, repairing, replacing or removing the Public Roadways and Facilities , a certified copy of each policy of insurance or a Certificate of Insurance issued pursuant to the requirements contained in subparagraphs (1 ) and (2) of this paragraph THIRD. Insurance coverage as required herein in subparagraphs (1 ) and (2) shall be kept in force until all work has been completed. Declarations in each of said policies shall identify the work as being done by and for others on property owned by Grantor and there shall be no exclusions in any of said policies not approved by Grantor. FOURTH: Grantee agrees to have its contractor notify J.U.L. I .E. on telephone number (800) 892-0123, in order that all existing utilities can be located. - 6 - FIFTH: Grantee shall notify Grantor in writing at least forty-eight (48) hours in advance, except in case of emergency and in case of routine inspection and operation, before entering upon said property of Grantor to make the herein proposed installation, or any repair, replacement or removal thereof, in order that Grantor can have a representative or representatives present at such time or times if it so desires; said prior notice shall be directed to Grantor' s Division Operating Manager in Lombard, Illinois , (Telephone Number (312) 691-4502) or such other person designated by Grantor, and Grantee agrees that any work in said property shall be done to the satisfaction of said representative or representatives of Grantor, and Grantee further agrees , upon request, to reimburse Grantor for the service of such representative or representatives. SIXTH: Grantee agrees that said Public Roadways and Facilities will be installed in Grantor' s property in strict conformity with the various drawings, attached hereto. Any proposed changes in said plans, before or after installation, shall be submitted to Grantor for its written approval and no work shall be commenced until such written approval has been obtained. SEVENTH: Grantee agrees that its contractor or contractors shall not install any lighting standards on Grantor' s Right-of-Way, and that no equipment higher than fifteen (15) feet in height above existing grade shall be used on Grantor' s property. No blasting will be done. EIGHTH: Grantee agrees and shall require its contractor or contractors to correct any drainage problems arising, whether as a result of 7 - Grantee' s use of Grantor' s property or otherwise, and further agrees that no manholes, inlets or fire hydrants will be installed on Grantor' s property, unless expressly agreed in writing by the parties. NINTH: Grantee agrees to reimburse Grantor and its grantees , lessees or licensees for any expense incurred in protecting or rearranging their facilities due to the installation, operation, maintenance or removal of said Public Roadways and Facilities. TENTH: In addition to any extraneous agreements , contracts or understandings that the Grantee would have concerning any of the On-Site or Off-Site Improvements associated with the Developer or Subdivider of this Project, Grantee agrees that with its execution of this agreement, which Public Roadways and Facilities is a part of the Off-Site Improvements to this Project, that it has taken and assumed all liabilities and responsibilities associated with, caused by, connected with or in any way attributable to the construction and placement of said Public Roadways and Facilities as located in the Property of Grantor in advance of Grantee' s acceptance or finalization of the On-Site or Off-Site Improvements associated with this Project and its Developer or Subdivider. ELEVENTH: Grantee shall comply with all applicable environmental statutes , ordinances, rules, regulations, and orders (hereinafter referred to as "Standards") issued by any federal , state or local environmental agency relating to Grantee' s use of Grantor' s property hereunder. Such Standards encompass, but are not limited to, those concerning air, water, noise, solid - 8 - wastes, hazardous substances, and hazardous wastes. Grantee shall not use waste oil as a means of suppressing dust on gravel roads or anywhere else on Grantor' s premises . Grantee shall reimburse Grantor for all costs incurred by Grantor including, without limitation, fines and penalties imposed for violation of Standards and the actual expense of correcting the actual or alleged violation. Grantee shall assume liability for and shall indemnify and hold Grantor harmless from any claim or violation of Standards which results from Grantee' s use of Grantor' s premises. Grantee, at its cost, shall assume the defense of all claims of violation of the Standards, regardless of whether they are asserted against Grantee or Grantor, except claims resulting from Grantor' s sole negligence. Notwithstanding the expiration or termination of this agreement, Grantee shall remain liable for all costs provided for herein, and shall further remain obligated to defend, indemnify and hold Grantor harmless for any and all violations or alleged violations of Standards which occurred or were caused during the actual term of this agreement. TWELFTH: Grantee shall indemnify and save harmless the Grantor, its officers and employes, from all claims, litigation and liability asserted against them or any of them, and any costs and attorneys ' fees incidental thereto, on account of injury to or death of any person or persons whomsoever on account of damage to any property, or on account of loss or interruption of electric service, caused by, connected with, or in any way attributable to, the rights herein granted or Grantee' s failure to comply with any of the terms - 9 - or conditions hereof. Grantee shall undertake the defense of Grantor, its officers and employes in any such litigation, if Grantor requests Grantee to do so. THIRTEENTH: Grantor shall not be liable to Grantee for damage to the Facilities due to the installation, operation, maintenance or removal of any present or future facilities of Grantor in Grantor' s property. FOURTEENTH: Grantee agrees to obtain at its sole cost and expense such permits, licenses or other authority which may be required from the County of Cook, State of Illinois, and any other authorities having jurisdiction, before using said premises for the purpose herein proposed and agrees to comply with and strictly observe any and all laws, rules, statutes and regulations of any such authorities. FIFTEENTH: The rights herein are granted subject to any use now made of the hereinbefore described property by Grantor, its grantees, licensees and lessees, and should Grantor desire to make any use of its property with which just the Facilities will in any manner interfere, Grantor shall deliver to Grantee a written notice describing such proposed use and stating that just said Facilities will interfere with such proposed use. With the notice shall be an estimate of any additional costs incurred by Grantor if its proposed construction is altered to avoid or minimize interference with just the Facilities. Grantee shall , at its cost and expense, commencing ninety (90) days after receiving such notice from Grantor, (1 ) make such changes in just - 10 - said Facilities as in the judgment of Grantor may be required to avoid or minimize such interference, including relocation of just the Facilities to another location designated by Grantor in its property or (2) notify Grantor within twenty (20) days of receipt of such notice, that it elects to reimburse Grantor for said additional cost. SIXTEENTH: Any electrolysis mitigating methods or equipment used in connection with just Grantee' s Facilities shall be coordinated with methods or requirements of Grantor and Grantee agrees to provide and install , at its sole cost and expense, such equipment as may be necessary to mitigate any electrolysis caused by the presence of just said Facilities in Grantor' s property. SEVENTEENTH: Grantee agrees to pay Grantor, its grantees, licensees, lessees, successors or assigns, for any and all damage and expense which they or any of them, may sustain or be put to because of damage to any property of Grantor, its grantees, licensees, lessees, successors or assigns, on account of the installation, operation, maintenance, repair, replacement or removal of the Public Roadways and Facilities and Grantee agrees, upon completion of said work to replace all back filling material and surfacing material in a neat and workmanlike manner and to leave Grantor' s property in a neat, clean and orderly condition. EIGHTEENTH: Grantor further reserves the right to trim from time to time such trees, saplings and bushes as may be reasonably required in the - 11 - operation and maintenance of said facilities of Grantor, and Grantee agrees not to plant any trees on or near Grantor' s property, which can grow into the facilities of Grantor. NINETEENTH: Grantee covenants and agrees that it will not permit or suffer any lien to be put upon or arise or accrue against said premises in favor of any person or persons, individual or corporate, furnishing either labor or material in any work herein proposed; Grantee further covenants and agrees to hold Grantor and said Premises free from any and all liens, or rights or claims of lien which may or might arise or accrue under or be based upon any mechanic' s lien law, so called, of the State of Illinois , now in force or hereafter to be enacted. All contracts and agreements that may be made by Grantee relating to any work herein proposed, shall expressly state that the interest and reversion of Grantor in and to said premises shall be wholly free from and not subject to any lien or claim of any contractor, subcontractor, mechanic, materialman or laborer, whether based upon any law or regulation of the State of Illinois , or any other authority, now in force or hereafter to be enacted, and Grantee also hereby covenants and agrees that it will not enter into any contract for such work which shall not in express terms contain the aforesaid provisions . TWENTIETH: Said Public Roadways and Facilities shall be constructed across Grantor' s property in such a manner as to withstand heavy vehicle equipment traversing Grantor' s property. - 12 - TWENTY-FIRST: Upon completion of the construction, installation, laying or placing of just said Facilities, Grantee shall thereafter and at its own expense maintain, repair and renew just said Facilities and, in the event of its failure to do so, Grantor shall have the right, after ten (10) days ' written notice to Grantee, to either itself maintain, repair and renew just said Facilities at the sole cost and expense of Grantee, or to terminate this agreement. TWENTY-SECOND: In the event Grantee fails, at any time or times, to observe or perform any of its covenants or agreements or the terms hereof, Grantor may give written notice of termination to Grantee, and Grantee' s rights and authority hereunder shall thereupon cease (except for the right to correct such failure) so long as such failure continues, provided that if such failure shall continue for a period of sixty (60) days after given such notice Grantee' s rights and authority hereunder shall terminate forever. Upon termination of this Agreement or Grantee' s rights and authority hereunder, for any reason whatsoever, Grantee shall , at its expense, remove the Facilities and restore the property to the satisfaction of Grantor and reimburse Grantor for all expenses incurred in connection with such removal . If Grantee shall fail to remove just the Facilities in the manner aforesaid within ninety (90) days after termination, just the Facilities shall become the sole property of Grantor, without liability or obligation to account to the Grantee therefor, and Grantee shall reimburse Grantor for all expense, incurred by Grantor at - 13 - any time thereafter, in connection with removal and disposal of all or any portion of just the Facilities and restoration of Grantor' s property. Termination of Grantee' s rights and authority hereunder, shall not affect any right of Grantor to indemnification hereunder, arising from any acts, omissions or events occurring prior to such termination nor reimbursement for Grantor' s expenses incurred under this paragraph after such termination. Failure of Grantor, at any time, to insist upon performance or observance of any term, covenant, agreement or condition contained herein shall not be construed as a release of any right of Grantor hereunder or as a waiver of any right to enforce any term, covenant, agreement or condition herein contained. TWENTY-THIRD: Upon completion of the construction, installation, laying or placing of said Public Roadways , Grantee shall thereafter and at its own expense, maintain, repair and renew said Public Roadways . TWENTY-FOURTH: 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. TWENTY-FIFTH: As further consideration for this grant of easement, Grantee agrees to deposit or cause its contractors to deposit, before the start of construction, with Grantor, an irrevocable letter of credit, drawn on - 14 - a national or state bank in the sum of Five Thousand Dollars ($5,000.00) U.S. currency, payable on drafts drawn to the order of Commonwealth Edison Company, on the following terms and conditions: 1 . Drafts drawn by Commonwealth Edison Company shall be accompanied by a letter signed by the Grantor' s Land Management Supervisor, stating that Grantee has not complied with the provisions of Paragraph SEVENTEENTH of this easement grant. 2. The letter of credit shall expire upon issuance of a letter signed by said Grantor' s representative stating that compliance has been made by Grantee or its contractor with the provisions of Paragraph SEVENTEENTH and in any event, said letter of credit shall expire twelve months after written notification has been sent by U.S. mail , registered, return receipt requested, to said Grantor' s representative, that construction has been completed. TWENTY-SIXTH: This agreement shall be executed for and on behalf of the Grantee pursuant to a Resolution passed by the Mayor and City Council of Grantee and a certified copy of said Resolution shall be attached hereto and made a part hereof as evidence of the authority herein exercised by the undersigned Officers of the Grantee. 15 - TWENTY—SEVENTH: The terms "Grantor" and "Grantee" wherever used in this instrument are intended in each instance to include the respective successors and assigns of Grantor or Grantee, whichever the case may be, and all of the terms and provisions of this instrument shall inure to the benefit of and be binding upon the respective successors and assigns of Grantor and Grantee. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this 1 T day of 41W A.D. 198'1?% CO MONWE H E SON COMPANY t B ice esident ATTEST: � Assistant Secretary The foregoing grant is hereby accepted upon the terms and conditions stipulated therein. Grantee: CITY OF ELGIN Mayor ATTEST: LA CL Clerk 2790F: — 16 — DEVELOPER'S AND CONTRACTOR'S GUARANTEE U. S. Shelter, Inc. , 400 Park Boulevard West, Itasca, Illinois 60143, agrees to guarantee performance of the work contemplated and of said facility, as the party constructing and installing the facility and initial owner thereof, and to be bound by all terms, conditions and covenants of this agreement except Paragraphs THIRD, NINETEENTH and TWENTY-FIFTH, and further agrees to pay COMMONWEALTH EDISON COMPANY, upon execution hereof, Three Thousand Dollars ($3,000.00) as a preparation fee, compensating COMMONWEALTH EDISON COMPANY for its expenses in considering and analyzing the effect of this request upon the performance of its public utility responsibilities and the preparation of this document. SHL--'_rL¢ L-1roL)P roc . By G' e JdPN DATE ACCEPTED: I IO/S9' SEAL ATTEST: - 17 - STATE OF ILLINOIS ) > SS COUNTY OF COOK ) I , XL1 RRX L- TINKER a Notary Public, in and for said County, in the State aforesaid, do hereby certify that :. ..e; Vice President of COMMONWEALTH EDISON COMPANY, an Illinois corporation, and � , L. ;�;y Assistant Secretary of said company, personally known to me to 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 A.D. 19e7. "OFFICIAL SEAL". ® ' Kerry L. Ticker a Notary Ft:;.r,Cook Cov,;y,State of Illinois Notary Public My Comm'ssion Expires 10128192 'P My Commission Ex�p r S. I STATE 0F ILLIN OS ) ) SS COUNTY OF � � ) I , N�N�-, �v� a Notary Public, in and for said County, in the State aforesaid, do hereby certify that ��� � �"Z.—\j �� personally known to me to be the Mayor of the CITY OF ELGIN, Ind 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 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 the City Council of said City on the day of a A.D. 19 Given under my hand and notarial seal this day of A.D. 19 Notary Public My Commission Expires: '� o g - 18 - N 2 n � 0 IS) n W N � V) ,Sr f3' CP �SE=•=Ee ti A° D 2. -- w W w u /90.o0 �l�7in.0 �0 1I11 Q Q _ Q 3s± a 3 K+ J w Q` N I roue J Towte 0. of .0 076 EX4.5T1,Aj& <t GaAgQ Pir�u JE z Exis= o' Jill 6-0 Q C S Er�92.4T1 oN W EXHIBIT A I ' I I2 e� W � 8 � I m 8Z S /R�•00 --- \�� gz� Jlo o N IN 0 y N F .35�t ?owae �� -rouge /st i I a N Q �F�,P,a�sEo EXisriNG � �e�� 70 Q IGE/%-/72E;�/it/E ri1f7VEYQ*, or �� » w ..�. 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