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HomeMy WebLinkAbout91-1023 Com Ed Recorded ill- is€3 C E L 92230083 73ec4,-rcled RESOLUTION ACCEPTING GRANT FROM COMMONWEALTH EDISON FOR PUBLIC ROADWAY AND SUBSURFACE FACILITIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a Grant for Public Roadway and Subsurface Facilities for the property legally described as follows : A 30 . 00 foot wide easement, measured at right angles, in part of the Northwest Quarter of Section 20, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows : Commencing at the Northwest Corner of said Northwest Quarter of Section 20; thence North 88 degrees 17 minutes 55 seconds East (an assumed bearing) , along the North line of said Northwest Quarter, a distance of 1795 . 93 feet (record being 1803 . 07 feet) to the Easterly line of Public Service Company Right of Way conveyed by Document No. 9373888, as monumented; thence South 04 degrees 10 minutes 02 seconds West, a distance of 142 . 69 feet (record being South 04 degrees 19 minutes West, 139 . 40 feet) to the Southerly right of way line of State Route No. 19 as dedicated by Document No. 11200329 ; thence North 83 degrees 07 minutes 47 seconds East, along said Southerly right of way line, a distance of 215 . 95 feet (record being North 83 degrees 10 minutes East, 216 . 20 feet) ; thence Easterly, along the said Southerly right of way line, being along a curve to the right, tangent to the last described course, having a radius of 2864 . 93 feet, an arc distance of 253 . 18 feet; thence South 06 degrees 55 minutes 05 seconds West (record being South 06 degrees 59 minutes west) , a distance of 1702 . 68 feet to the Northwest Corner of land conveyed to Elgin Midland Corporation by Document No. 19807724 ; thence North 82 degrees 53 minutes 42 seconds West, along the Northerly Line of said Document No. 19807724; thence North 82 degrees 53 minutes 42 seconds West, along the Northerly line of said Document No. 19807724 , a distance of 343 . 63 feet (record being 344 . 08 feet) to the Northwest Corner of said Document No. 19807724 , being on the Easterly Line of land conveyed to Commonwealth Edison Company by Document No. 18682755; thence North 04 degrees 15 minutes 36 seconds East, along said Easterly Line of Document No. 18682755, a distance of 490 . 72 feet for the point of beginning of said easement; thence North 82 degrees 53 minutes 42 seconds West, parallel with the said Northerly Line of Document No. 19807724 , a distance of 213 . 81 feet to the Easterly right of way line of Shales Parkway ( formerly Lovell Road) ; thence South 07 degrees 05 minutes 48 seconds West, along said Easterly right of way line, a distance of 30 . 00 feet; thence South 82 degrees 53 minutes 42 seconds East, parallel with the said Northerly Line of Document No. 19804724, a distance of 215 . 22 feet to the said Easterly Line of land conveyed to Commonwealth Edison Company by Document No. 18682755; thence North 04 degrees 15 minutes 36 seconds East, along said Easterly Line, a distance of 30 . 04 feet to the point of beginning. Being situated in Hanover Township, Cook County, Illinois . BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Plat of Easement to be recorded in the office of the Recorder of Deeds of Cook County, Illinois . s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 23, 1991 Adopted: October 23, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ja !I l K d i GRANT FOR PUBLIC ROADWAY AND SUB—SURFACE FACILITIES LI `.`.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 ahereby give and.grant, but without warranty, subject and subordinate to the m 0 a a rights previously granted by Grantor to and exercised by the NORTHERN ILLINOIS 0 C 2 GAS COMPANY AND LAKEHEAD PIPELINE COMPANY such having installed equipment and A: 4 facilities laid longitudinally in Grantor' s Right—of—Way at this location, and Hm subject to the reservations, conditions and provisions herein contained, unto W � m _, ° the Grantee, the CITY OF ELGIN, Cook County, Illinois, a perpetual easement >is for the right to use the property legally described as follows: WATER TOWER DRIVE C) .4, 0 A 30.00 foot wide easement, measures; at right angles, in part of the Northwest Quarter of Section 20, Township 41 North, Range 9 East of • o the Third Principal Meridian, described as follows: Commencing at b the Northwest Corner of said Northwest Quarter of Section 20; thence • 0 North 88 degrees 17 minutes 55 seconds East (an assumed bearing) , a T along the North Line of said Northwest Quarter, a distance of 1795.93 feet (record being 1803.07 feet) to the Easterly Line of Public Pi .in Service Company Right of Way conveyed by Document No. 9373888, as a° monumented; thence South 04 degrees 10 minutes 02 seconds West, a m distance of 142.69 feet (record being South 04 degrees 19 minutes • H West, 139.40 feet) to the Southerly right of way line of State Route o No. 19 as dedicated by Document No. 11200329; thence North 83 degrees ,, 07 minutes 47 seconds East, along said Southerly right of way line, a %m 0 distance of 215.95 feet (record being North 83 degrees 10 minutes H 4 East, 216.20 feet) ; thence Easterly, along the said Southerly right of way line, being along a curve to the right, tangent to the last described course, having a radius of 2864.93 feet, an arc distance of 253. 18 feet; thence South 06 degrees 55 minutes 05 seconds West (record being South 06 degrees 59 minutes west) , a distance of 1702.68 feet to the Northwest Corner of land conveyed to Elgin Midland Corporation by Document No. 19807724; thence North 82 degrees 53 minutes 42 seconds West, along the Northerly Line of said Document No. 19807724; thence North 82 92230083 r■^■�)„/3 1422 j 1 5 2 _. � �l/(7J i T,:::.., i 1��iCE A.}�t7 7�,7:�}i'UEi�5..: �i•viz•lii: Tlx:1:5 ;»c..,... :.23'C. COON COUNTY Y RECORDER turn to : +r ✓Dolonna Mecum Elgin City Clerk 01 150 Dexter Court /WM M�III.- Elgin, IL 60120 (Q degrees 53 minutes 42 seconds West, along the Northerly Line of said Document No. 19807724, a distance of 343.63 feet (record being 344.08 feet) to the Northwest Corner of said Document No. 19807724, being on the Easterly Line of land conveyed to Commonwealth Edison Company by Document No. 18682755; thence North 04 degrees 15 minutes 36 seconds East, along said Easterly Line of Document No. 18682755, a distance of 490.72 feet for the point of beginning of said easement; thence North 82 degrees 53 minutes 42 seconds West, parallel with the said Northerly Line of Document No. 19807724, a distance of 213.81 feet to the Easterly right of way line of Shales Parkway (formerly Lovell Road) ; thence South 07 degrees 05 minutes 48 seconds West, along said Easterly right of way line, a distance of 30.00 feet; thence South 82 degrees 53 minutes 42 seconds East, parallel with the said Northerly Line of Document No. 19804724, a distance of 215.22 feet to the said Easterly Line of land conveyed to Commonwealth Edison Company by Document No. 18682755; thence North 04 degrees 15 minutes 36 seconds East, along said Easterly Line, a distance of 30.04 feet to the point of beginning. Being situated in Hanover Township, Cook County, Illinois. and shown on the plat prepared by Burnidge and Westphal , Inc. , Job #BW 91-228 and also shown in detail on the two drawings, prepared by Howard Needles Tammen & Bergendoff, Drawings both dated June 24, 1991 , (hereinafter all three collectively identified as "Exhibit A"), attached hereto and made a part hereof, for the following express purposes and for no other purpose express or implied whatsoever: a. construction and maintenance of a public roadway in strict LA conformity with the plan shown on Exhibit "A", b. construction and maintenance of one 16-inch water main and one 12-inch storm sewer in strict conformity with the plan shown on Exhibit "A", hereinafter referred to as "Facility" , and tin 4a c. 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. - 2 - g 2 2 3 0 0 8 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 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 Exhibit "A" drawings. SECOND: 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 UD all contractors, subcontractors, and their subcontractors; t'J 2.) Comprehensive General Liability Policy or Policies covering all contractors, subcontractors and all their subcon- () tractors with limits not less than the combined single Gp 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 - 3 - 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. 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. THIRD: 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. FOURTH: Grantee shall notify Grantor 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 Gu - 4 - 2 2 3 0 0 8 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 Engineering in Elgin, Illinois, (Telephone Number (708) 921-9231 ) 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. FIFTH: Grantee agrees that said Facility will be installed in Grantor' s property in strict conformity with said Exhibit "A" 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. SIXTH: This grant is made subject and subordinate to the rights previously granted by Grantor to the Northern Illinois Gas Company and Lakehead Pipeline Company such having installed equipment and facilities laid crossing/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. 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. a EIGHTH: Grantee agrees and shall require its contractor or GO - 5 - 2 2 3 0 contractors to correct any drainage problems arising, whether as a result of 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 facilities. TENTH: 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. CAD Grantee, at its cost, shall assume the defense of all claims of violation of the Standards , regardless of whether they are asserted against c:5 an - 6 - 2 2 3 0 0 6 I 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. ELEVENTH: 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. TWELFTH: 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. THIRTEENTH: 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 QD tJ tt C, do - 7 - u.: agrees to comply with and strictly observe any and all laws, rules, statutes and regulations of any such authorities. FOURTEENTH: 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 the Facility will in any manner interfere, Grantor shall deliver to Grantee a written notice describing such proposed use and stating that said Facility will interfere with such proposed use. With the notice shall be anlestimatelof any additional costs incurred by Grantor if its proposed construction is altered to avoid or minimize interference with the Facility. Grantee shall , at its cost and expense, commencing ninety (90) days after receiving such notice from Grantor, (1 ) make such changes in said Facility as in the judgment of Grantor may be required to avoid or minimize such interference, including relocation of the Facility 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. FIFTEENTH: Any electrolysis mitigating methods or equipment used in connection with 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 said Facilities in Grantor' s property. ta SIXTEENTH: Grantee agrees to pay Grantor, its grantees, licensees, CD - 8 - 2 2 3 0 3 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 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. SEVENTEENTH: Grantor further reserves the right to trim from time to time such trees, saplings and bushes as may be reasonably required in the 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. EIGHTEENTH: 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, f,r - 9 - e' 2 3 0 0 3 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. NINETEENTH: Said Facilities shall be constructed across Grantor' s property in such a manner as to withstand heavy vehicle equipment traversing Grantor' s property. TWENTIETH: Upon completion of the construction, installation, laying or placing of said Facilities , Grantee shall thereafter and at its own expense maintain, repair and renew 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 said Facilities at the sole cost and expense of Grantee, or to terminate this agreement. TWENTY-FIRST: 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 CD any reason whatsoever, Grantee shall , at its expense, remove the Facilities Ct - 10 - 3. 2 2 3 0 3 p 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 Facilities in the manner aforesaid within ninety (90) days after termination, 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 any time thereafter, in connection with removal and disposal of all or any portion of 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-SECOND: 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. TWENTY-THIRD: The terms "Grantor" and "Grantee" wherever used in this instrument are intended in each instance to include the respective - 11 - 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. 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. IN WITNESS WHEREOF, Grantor has caused this instrument to be executed on this /3 TH day of c46/2 1 9 / , A.D. 1992. COM NW TH DISON COMPANY B e President ATTEST: / ®iX4i� Assistant Secretary The foregoing grant is hereby accepted upon the terms and conditions stipulated therein. Grantee: CITY OF ELGIN 7 Byij G Mayor ATT• T: fiAtCcbfr, Village Clerk P) JVA: 1m 3202Y — 12 — 2 2 : 0 J STATE OF ILLINOIS ) SS COUNTY OF Dv hgac ) I , JAMES V. ABETE , a Notary Public, in and for said County, in the State aforesaid, do hereby certify that J. J. V1ERA , Vice President of COMMONWEALTH EDISON COMPANY, an Illinois corporation, and R. J. MARTEN , 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 /3 T'e day of FEL3RV A,2y , A.D. 199A 41It k//(2,442fr / Notary Public My Commission Expires: "OFFICIAL SEAL" James V.Abets Notary Public,State of Illinois STATE OF ILLINOIS ) My �2/27/95 SS COUNTY OF \ - -. ) I , ����c.� k a Notary Public, in and for said County, in the State aforesaid, do hereby certify that (.,Cok.roG VAA/OEvookoF personally known to me to be the Mayor of the CITY OF ELGIN and Oa-civil/4 c u wA , 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 d. 3A.d,. day of c94. i. , A.D. 19*. Given under my hand and notarial seal this a a day of , A.D. 19c“. t1� \x Notary Public My Commission Expires: - ‘0 `k-'3 ilw - 13 - ='CIAL SEAL Ni-,A,Y ROLL NOTARY P'!FL !. —67 OF ILLINOIS 72t1\ 6 — /0.2-0. 0 MY COMIv11S<;vd',N EAPl'kES 9-10-93 N 2 2 3 0 a 8 State of Illinois County of Kane ss Certificate of City Clerk City of Elgin 1, Dolonna Mecum, 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 CERTIFY that the attached is a full,true,and correct copy of Resolution Accepting Grant from Commonwealth Edison for Public Roadway and Subsurface Fac$lites, presented and accepted October 23, 1991 by. the Elgin City Council. CD C„, GJ the original of which is entrusted to my care for safe keeping. In Witness Whereof,I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this 7 t h day of November , 19 91 City Cler . (SEAL) 4 2 2 3 Q 0 RESOLUTION ACCEPTING GRANT FROM COMMONWEALTH EDISON FOR PUBLIC ROADWAY AND SUBSURFACE FACILITIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a Grant for Public Roadway and Subsurface Facilities for the property legally described as follows : A 30 . 00 foot wide easement, measured at right angles , in part of the Northwest Quarter of Section 20, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows : Commencing at the Northwest Corner of said Northwest Quarter of Section 20 ; thence North 88 degrees 17 minutes 55 seconds East (an assumed bearing) , along the North line of said Northwest Quarter, a distance of 1795 . 93 feet (record being 1803 . 07 feet) to the Easterly line of Public Service Company Right of Way conveyed by Document No. 9373888 , as monumented; thence South 04 degrees 10 minutes 02 seconds West, a distance of 142 . 69 feet (record being South 04 degrees 19 minutes West, 139 . 40 feet) to the Southerly right of way line of State Route No. 19 as dedicated by Document No. 11200329 ; thence North 83 degrees 07 minutes 47 seconds East, along said Southerly right of way line, a distance of 215 . 95 feet (record being North 83 degrees 10 minutes East, 216 . 20 feet) ; thence Easterly, along the said Southerly right of way line, being along a curve to the right, tangent to the last described course, having a radius of 2864 . 93 feet, an arc distance of 253 . 18 feet; thence South 06 degrees 55 minutes 05 seconds West (record being South 06 degrees 59 minutes west) , a distance of 1702 . 68 feet to the Northwest Corner of land conveyed to Elgin Midland Corporation by Document No. 19807724 ; thence North 82 degrees 53 minutes 42 seconds West, along the Northerly Line of said Document No. 19807724 ; thence North 82 degrees 53 minutes 42 seconds West, along the Northerly line of said Document No. 19807724 , a distance of 343 . 63 feet (record being 344 . 08 feet) to the Northwest Corner of said Document No . CeD 19807724 , being on the Easterly Line of land F� conveyed to Commonwealth Edison Company by Document No. 18682755 ; thence North 04 degrees 15 minutes 36 9 seconds East, along said Easterly Line of Document Gn No. 18682755 , a distance of 490 . 72 feet for the . point of beginning of said easement; thence North 82 degrees 53 minutes 42 seconds West, parallel with the said Northerly Line of Document No. 19807724 , a distance of 213 . 81 feet to the Easterly right of way line of Shales Parkway ( formerly Lovell Road) ; thence South 07 degrees 05 minutes 48 seconds West, 2 2 0 0 3 1 along said Easterly right of way line, a distance of 30 . 00 feet; thence South 82 degrees 53 minutes 42 seconds East, parallel with the said Northerly Line of Document No. 19804724 , a distance of 215. 22 feet to the said Easterly Line of land conveyed to Commonwealth Edison Company by Document No. 18682755; thence North 04 degrees 15 minutes 36 seconds East, along said Easterly Line, a distance of 30 . 04 feet to the point of beginning. Being situated in Hanover Township, Cook County, Illinois . BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Plat of Easement to be recorded in the office of the Recorder of Deeds of Cook County, Illinois . s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: October 23, 1991 Adopted: October 23, 1991 Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk CD ra ra t;a CD