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HomeMy WebLinkAbout93-152 Recorded Resolution No. 93-152 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT ADDENDUM FOR PUBLIC UTILITIES (Country Trails Subdivision) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Easement Addendum with Commonwealth Edison Company for installation and maintenance of necessary underground utilities, 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. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Easement Addendum to be recorded in the Office of the Recorder of Deeds of Cook County, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 26, 1993 Adopted: May 26, 1993 Omnibus Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • 7 '338077") EASEMENT ADDENDUM This Addendum is made and entered this 21st day of July , 1992, by and between COMMONWEALTH EDISON COMPANY, an Illinois Corporation, P.O. Box 767, Chicago, Illinois 60690, (hereinafter referred to as "Edison") and the CITY OF ELGIN, (hereinafter referred to as "Elgin") ; %(h' 61 C4 (1T867777 WITNESSETH: WHEREAS, Elgin at this time, wishes to amend and supplement that certain Easement dated August 14, 1989 by and between Commonwealth Edison Company and the City of Elgin. NOW THEREFORE, Edison after reviewing Elgin' s request finds that it is agreeable to amend and supplement that certain Easement dated August 14, 1989, in permitting the removal of the existing 18-inch storm swer and replacing it with one 12-inch storm sewer (hereinafter referred to as "Installation") in and across that portion of Parcels 36 and 36W-1 of Edison' s Joliet-Crystal Lake Right of Way, located in the Northwest Quarter of Section 17, Township 41 North, Range 9 East of the Third Principal Meridian, Cook Count , Illinois (hereinafter referred to as "Property") provided; Elgin • to observe and comply with the following terms and conditions. r- 1 . Elgin agrees that said Installation will be used, operated, maintained, repaired and removed in Edison' s property in substantial conformity with the plans by U.S. Shelter Group, dated January 20, 1991 and last revised June 5, 1992 marked Exhibit "A" attached hereto and made a part hereof. 1:111:1i 2. Elgin agrees to notify Edison' s Division Operating Manager at Lombard, Illinois, Telephone (708) 691-4502, at least ,,pdpW 0 Eno 48 hours before commencing any repairs, maintenance or0 Mil removal of said Installation in order that Edison can havJ-•'1T r' a representative present during construction if it so ►°_ y;, C '= desires. ' �,ca -'a * 7a FECGR�DING FEE $ y� a,4, Z J J r aK -- , —a 0?- 4) /( NL, .f : 7 I .' i 3: No vehicles, trucks or mobile equipment more than fourteen (14) feet in height shall be used on said Property. 4. Elgin agrees that all necessary safety precautions shall be taken when traversing or working with vehicles, trucks or mobile equipment under and adjacent to Edison' s energized lines. 5. Elgin agrees that this supplement is subject and subordinate to the rights previously granted by Edison to its existing grantees for public or private utilities or pipelines, which currently occupy Edison' s Property, whether such rights were placed of record or not. 6. Elgin 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. 7. Elgin shall reimburse Edison for any expense incurred, for any damage to or adjustment of its facilities or of any existing grantees; facilities with regard to its accommodation for said Installation. 8. Elgin shall maintain the said Installation as located therein at its sole cost and expense, in a neat, clean and orderly condition at all times and to the satisfaction of Edison. 9. Elgin agrees to require its contractor or contractors, before commencing any future work of repairing, maintaining or removing said Installation, to purchase and maintain a policy or policies of insurance issued by good and responsible insurance companies and in a form satisfactory to Edison as follows: 1 .) Workers' Compensation Insurance Policy: Cie Coverage A - to pay promptly when due all s.a compensation and other benefits required Or of the insured by the workers' compensation law. Coverage B - Employers' .i Liability: To pay on behalf of the insured with limits not less than $500,000 each accident/occurrence all sums which - 2 - • . f' s 1 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 subcontractors 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 Edison. Commonwealth Edison Company 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 Edison, prior to commencing any work of repairing, maintaining or removing of the Installations 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. 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 Edison and there shall Cc be no exclusions in any of said policies not approved by C-; Edison. - 3 - s,s J i 10. The parties hereto agree that all of the terms, conditions and covenants as contained in that certain Easement dated August 14, 1989, are incorporated herein and made a part hereof, to the same full extent as if stated herein. 11 . At all times governed by the Agreement, Grantee shall conduct its operations and otherwise use or occupy Grantor' s property hereunder in compliance with all applicable Environmental Laws and shall not cause any Hazardous Material to be introduced to or handled on Grantor' s property hereunder. Grantee shall indemnify and hold harmless Grantor, its successors and assigns , from and against any damages , losses, claims or causes of action including, without limitation, costs, expenses, attorney and consultant fees, whether asserted under Environmental Laws or at common law, arising out of or related to any breach by Grantee of the environmental covenants set forth above; any violation by Grantee of any Environmental Law; or the presence, release or threatened release of any Hazardous Material at, on or beneath Grantor' s property caused by Grantee, its agents, or any entity in privity with or providing a benefit to Grantee. As used in this section, the term Environment Laws shall mean all federal , state and local laws or regulations relating to the protection of health, safety or the environment including, without limitation, the Clean Air Act, the Water Pollution Control Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Toxic Substances Control Act, and all similar state and local laws now or hereinafter enacted or amended. Hazardous Materials shall mean any waste, pollutant, toxic substance or hazardous substance regulated by any Environmental Law including, without limitation, petroleum or petroleum-based substances or wastes, asbestos and polychlorinated biphenyls . The foregoing covenants and indemnification obligations shall survive any termination of this Easement Agreement. 12. The terms "Edison" and "Elgin" wherever used in this instrument are intended in each instance to include the respective successors and assigns of Edison or Elgin, whichever the case may be, and all of the terms and �^ provisions of this instrument shall inure to the benefit Cr of and be binding upon the respective successors and assigns of Edison and Elgin. - 4 - • • Q ,j sn i IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in duplicate by their respective officers or representatives all as of the day and year first above written. COMMONWEALTH EDISON COMPANY (an Illinois Corporation) i) By Vic President ATTEST: hie J Assistant S•' ret.1y CITY OF E IN By • Mayor ATTEST: City Clerk This document prepared by: N R. T. Larson, Real Estate Agent !� Commonwealth Edison Company 125 South Clark Street Chicaog, IL 60690 RTL:lm 4418Y - 5 - Return to: Dolonna Mecum Elgin City Clerk 150 Dexter Court Elgin, IL 60120 9 y / STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) I, JAMES V. ABETE , a Notary Public, in and for said County, in the State aforesaid, do hereby certify that 1 �:;�,z':i`tii ' �: , Vice President of COMMONWEALTH t>. EDISON COMPANY, an Illinois corporation, and R. R. MIGELY , 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 thi oa /S% . day of JUL y , A.D. T91+2. . 93 • / Notary Public My Commission Expires: "OFFICIAL SEAL" James V.Abets Notary Public,State of Il noir STATE OF ILLINOIS ) MypOMExpires 95 SS COUNTY OF KANE ) I, f1 Vy G 1FFo2a Notary Public, in and for said County, in the State aforesaid, do hereby certify that George VanDeVo9rde personally known to me to be the Mayor of the CITY OF ELGIN and Dolonna Mepum 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 1st day of June , A.D. 199E3 t,..) Gn Cn Given under my hand and notarial seal this 1st day of June A.D. 19 9� L/WQ- •L,�,1J .1 C N ary nic My Commission Expires: _4/b/Y(e " OFFICIAL SEAL " MARY GIFFORT 6 - NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION E,\Pif ES 3,6/96 Resolution No. 93-152 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT ADDENDUM FOR PUBLIC UTILITIES (Country Trails Subdivision) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Easement Addendum with Commonwealth Edison Company for installation and maintenance of necessary underground utilities, 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 . BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Easement Addendum to be recorded in the Office of the Recorder of Deeds of Cook County, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 26 , 1993 Adopted: May 26 , 1993 Omnibus Vote: Yeas 7 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk U Cr C" • ? i ` . State of Illinois) County of Kane ) ss. City of Elgin CERTIFICATE OF CITY CLERK I, Dolonna Mecum, DO HEREBY CERTIFY that I am the City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of 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 No. 93-152 entitled "Resolution Authorizing Execution of an Easement Addendum for Public Utilities (Country Trails Subdivision) " adopted by the Elgin City Council on May 26, 1993, 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 September 29, 1993 . ,04_Cu - City Clerk (SEAL) tt: .1