HomeMy WebLinkAbout89-0628 Com Ed Easement THIS INDENTURE, Made this day of JL) �Je 198? by
and between COMMONWEALTH EDISON COMPANY, an Illinois Corporation, P.O. Box
767, Chicago, Illinois 60690, hereinafter referred to as Grantor, and CITY OF
ELGIN, a municipal corporation of Illinois, hereinafter referred to as
Grantee;
W I T N E S S E T H:
That Grantor, for and in consideration of the payment of Ten Dollars
($10.00) and other good and valuable consideration by the Grantee, receipt of
which is hereby acknowledged, and in consideration of the covenants,
agreements and conditions hereinafter contained on the part of the Grantee to
be made, performed, kept and observed, BY THESE PRESENTS DOES GIVE AND GRANT
unto Grantee, without warranty, a perpetual centerline easement, for the right
and privilege to install , use, operate, maintain, replace and remove one
12-inch water main and one 8-inch sanitary sewer without any manholes,
appurtenances or deviation from plan thereof, (hereinafter referred to as
"Facility") , in, under and across Parcel Nos. 36 and 36W-1 of Grantor' s
Joliet-Crystal Lake and Widening 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 is to be installed along the centerline as shown on
Everett Scheflow Engineers, Drawing sheet 1 of 1 , drawn on May 1 , 1986, and
land revised March 10, 1988, marked as Exhibit "A" and attached hereto and
made a part hereof.
This grant is made subject and subordinate to the rights previously
granted by Grantor to Lakehead Pipeline Company such having installed
equipment and facilities laid longitudinally in Grantor' s Right-of-Way at this
location. Consent of such Grantee(s) is a prerequisite to exercise of the
rights hereunder granted.
This grant is made by Grantor and accepted by the Grantee under the
following terms and conditions :
FIRST: Grantee shall contact J.U. L.I .E. on telephone number
1-800-892-0123, prior to the start of any construction of said Facility.
Grantee further agrees to 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, on
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.
SECOND: Grantee agrees that said Facility will be installed in
Grantor' s property in strict conformity with said Exhibit "A" 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.
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THIRD: 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
Facility.
FOURTH: 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
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.
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FIFTH: 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
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.
SIXTH: Grantor shall not be liable to Grantee for damage to the
Facility due to the installation, operation, maintenance or removal of any
present or future facilities of Grantor in Grantor' s property.
SEVENTH: Grantee agrees that any equipment used in the installation
of the Facility shall not exceed fifteen (15) feet in height; that no blasting
will be done, and that suitable markers will be installed and maintained to
indicate the presence of and location of said Facility in Grantor' s property.
Upon completion of construction, Grantee agrees to furnish Grantor with a copy
of plan indicating the installed location of said Facility and said markers.
EIGHTH: 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.
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NINTH: Grantee agrees to require its contractor, before commencing
the work of installing, repairing, replacing or removing the Facility 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;
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 Facility, 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 NINTH.
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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.
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
Facility 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 Facility 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: The rights herein are given subject to any use now made of
the property hereinbefore described by Grantor, its grantees, licensees and
lessees , and should Grantor desire to make any use of its property with which
the Facility will in any manner interfere, Grantee shall , at its cost and
expense, within sixty (60) days after receiving such notice from Grantor, make
such changes in said Facility as in the judgment of Grantor may be required to
avoid interference with the use or proposed use of its property. If such
changes are not feasible, then Grantee agrees , within such sixty (60) days, to
relocate said Facility to another location designated by Grantor in its
property.
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TWELFTH: Any electrolysis mitigating methods or equipment used in
connection with Grantee' s Facility 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 said Facility in Grantor' s property.
THIRTEENTH: 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, including
but not by way of limitation, damage to crops, fences , pasture lands or
livestock, on account of the installation, operation, maintenance, repair,
replacement or removal of the Facility 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, including the restoration of top soil to its original
depth where tillable soil existed prior to installation of said Facility and
restoration of the ground to its original elevation. Grantee agrees that
there shall be no impairment of natural drainage or of installed drainage
facilities occasioned by the construction, installation, repair, replacement,
maintenance, operation or removal of the Facility.
FOURTEENTH: 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
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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 .
FIFTEENTH: Upon completion of the construction, installation, laying
or placing of said Facility, Grantee shall thereafter and at its own expense
maintain, repair and renew said Facility 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 said Facility at the sole
cost and expense of Grantee, or to terminate this agreement.
SIXTEENTH: Grantee shall have the right to enter upon, occupy and
utilize temporarily, from time to time, so far as may be reasonably necessary,
a strip of land lying fifteen (15) feet on both sides of the centerline of
said Facility for the installation, maintenance or removal thereof provided,
however, that such rights over Grantor' s property shall be exercised in such a
manner as not to interfere with Grantor' s use of its property.
SEVENTEENTH: Grantee agrees that 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.
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EIGHTEENTH: 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. Also, if at
any time after the installation of the Facility, Grantee shall fail to use the
same for a period of twelve (12) consecutive months, Grantee' s rights and
authority hereunder, without the necessity of any notice to Grantee, 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 Facility 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 the Facility in the manner aforesaid
within ninety (90) days after termination, the Facility 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 any time thereafter, in connection with removal and disposal of all
or any portion of the Facility 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 occuring prior to such termination nor reimbursement for
Grantor' s expenses incurred under this paragraph after such termination.
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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.
NINETEENTH: 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
a national or state bank in the sum of Two Thousand Dollars ($2,000.00) 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 Real Estate
Department' s Land Management Supervisor stating that
Grantee has not complied with the provisions of Paragraph
Thirteenth of this easement grant.
P
2. The letter of credit shall expire upon issuance of a letter r
signed by said Grantor' s representative stating that
compliance has been made by Grantee or its contractor with
n f Paragraph Thirteenth and in
the provisionsan oy 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.
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TWENTIETH: This agreement shall be executed for and on behalf of the
Grantee pursuant to a Resolution passed by 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.
TWENTY-FIRST: 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, the parties hereto have caused this instrument to
be executed by their proper officers thereunto duly authorized as of the day
and year first hereinabove written.
COM NW A ISON COMPANY
By.
Vice Oresident
ATTEST:
Assistant SeCretallry
CITY 0 ELGIN
By
p Mayor
ATTEST: J
City Olerk
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DEVELOPER'S AND CONTRACTOR'S GUARANTEE
Little Angels Nursing Home, Route 4, Box 304, Elgin, Illinois 60120, 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 TENTH, FIFTEENTH and TWENTY-FIRST, and further agrees to pay
COMMONWEALTH EDISON COMPANY, upon execution hereof, One Thousand Dollars
($1 ,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.
Little Angels Nursing Home
DATE ACCEPTED: ny
SEAL
ATTEST;.._
1869F:gak
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STATE OF ILLINOIS )
SS
COUNTY OF COOK )
I, KERRY L. :��41-". a Notary Public, in and for said
County, in the State aforesaid, do hereby certify that
JOHN J, VIERA , Vice President of COMMONWEALTH EDISON COMPANY, an
I1linots corporation, and W. L. Psi 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 J � day
of v A.D. 19'1
JJ Votary Public
My Commission Expires: s®®-A--�&®A, ,,,'d-pA,
"OFFICIAL SEAL"
Kerry L. Tinker
Notary PLu!ie,CI
` Coe"O'l",aa'.e of;!!!Roos
STATE OF ILLINOIS ) My Commssion E-pires J0,i?sl1% 0
SS
COUNTY OF p{ e )
I , -� : \\ a Notary Public, in and for said
County, in the State�-alforesai d, do hereby certify that
, personally known to me to be the Mayor of the City
of Elgin, and 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 of Elgin 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 day of A.D. 19'
Given under my hand and notarial seal this � ` day
of A.D. 19
Not ry Public
My Commission Expires:
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Commonwealth Edison
Two North LaSalle Street
Ce Suite 200
Chicago, Illinois 60602
Address Reply to: Post Office Box 767
Chicago, Illinois 60690-0767
July 20, 1989
Mrs. Shelley C. Wasmond
Administrator
Little Angels Nursing Home
R.R. 4, Box 304
Elgin, Illinois 60120
Dear Mrs. Wasmond:
Enclosed you will find a fully-executed copy of an Easement
Agreement dated June 28, 1989, covering the water main and sanitary
sewer across Edison's right-of-way. This is in compliance with our
letter dated May 27, 1988.
Should this grant ever be recorded, we would appreciate having
the recording information sent to us.
Should you have any questions concerning this matter, please
contact me at telephone number (312) 294-3264.
Yours truly,
Kerry Tinker
Real Estate Agent
KLT:mkl
Enc.
cc: City Clerk
City of Elgin
150 Dexter Court
Elgin, Illinois 60120