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HomeMy WebLinkAbout93-181 Recorded C Sit O Resolution No. 93-181 RESOLUTION ACCEPTING A GRANT OF EASEMENT FOR A PUBLIC ROADWAY (Commonwealth Edison Company) 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 and accept a grant for public roadway from Commonwealth Edison Company, for the property located south of Route 19 and legally described as follows : That part of the Northwest Quarter of Section 20, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows : Commencing at a point on the southerly right of way line of Illinois State Route 19 located 1683.6 ' East of the west section line of Section 20, to be known as the point of beginning; thence south 2 degrees 45 - minutes 21 seconds east, a distance of 515. 31 ' ; thence north 5 degrees 16 minutes 17 seconds west, a distance of 509 . 60 ' ; thence north 71 degrees 45 minutes East, a distance of 23 .21 ' to the point of beginning. Being situated in the City of Elgin, Cook County, Illinois and containing 0. 14 acres more or less (and commonly referred to as part of Parcel 41 of Grantor's Joliet-Crystal Lake right of way) . BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Grant for Public Roadway to be recorded in the office of the Recorder of Deeds of Cook County, Illinois. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: July 14 , 1993 h Adopted: July 14 , 1993 t Omnibus Vote: Yeas 6 Nays 0 Cr Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk 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. 93-181, entitled Resolution Accepting a Grant of Easement for a Public Roadway (Commonwealth Edison Company) , adopted by the Elgin City Council on July 14, 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 17, 1993 . City Clerk ( SEAL) Prepared by.: Rne!rt, T. Larson I Nortnern Illinois Gas _ :1 pio. Box 767 Chicago, IL 60690-0767 GRANT FOR PUBLIC ROADWAY �.f V9A-881 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, such having installed equipment and facilities laid longitudinally in Grantor' s right of way at this location subject to the reservations, conditions and provisions herein contained, unto the "Grantee" , The CITY OF ELGIN, Illinois, a Municipal Corporation of Illinois , a perpetual easement for the right to use the property legally described as follows: That part of the Northwest Quarter of Section 20, Township 41 North, Range 9 East of the Third Principal Meridian, described as follows: Commencing at a point on the southerly right of way line of Illinois State Route 19 maw located 1683.6 feet East of the west section line of T Section 20, to be known as the point of beginning; thence I U south 2 degrees 45 minutes 21 seconds east, a distance of 515.31 feet; thence north 5 degrees 16 minutes 17 seconds west, a distance 'of 509.60 feet; thence north 71 degrees 45 minutes East, a distance of 23.21 feet to the point of beginning. Being situated in the City of Elgin, Cook County, Illinois and containing 0. 14 acres more or less (and commonly referred to as part of Parcel 41 of Grantor' s Joliet-Crystal Lake right of way) . 0 and shown on Exhibit "A" , attached hereto and made a part hereof, for t e tpxamiumws following express purposes and for no other purpose express or implied ''C4141C whatsoever: mmismimml a. construction and maintenance of a public roadway in substantia conformity with the plan shown on Exhibit "A" , and Cif - t/.._q Return to: Dolonna Mecum ;.:, Elgin City Clerk y1�' 150 Dexter Court Elgin, IL 60120 9 I / b. construction and maintenance of curbs and sidewalks on said property in connection with said public roadway, provided that the same shall be constructed at an elevation and in a manner so as not to interfere with Grantor' s ingress to and egress from its adjoining property by vehicle or otherwise. Grantor hereby reserves unto itself, its grantees, licensees, lessees , successors and assigns , the unrestricted right for ingress to and egress from and communication between Grantor' s adjoining properties and for installation, operation, maintenance, renewal and removal of its or their facilities upon, over and under the surface of the property described above, as it or they shall see fit insofar as such uses are compatible with the improvements shown on Exhibit "A" . Grantee agrees and shall require its contractor or contractors, whenever they are working on, over and across said Property, to furnish Edison with evidence of insurance coverage as specified in the "Insurance Rider" attached hereto. 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 knowingly 1; Cis cause any Hazardous Material to be introduced to Grantor' s property hereunder. Grantee shall defend, indemnify and hold harmless Grantor, its successors , assigns , officers, directors, shareholders, agents, representatives and employees from and against any suits, damages (including, — 2 — 9 4 2 9 I but not limited to, consequential damages) , losses, claims or causes of action, demands, injuries, costs and expenses of any kind including, without limitation, court 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 knowingly caused by Grantee or its agents. As used in this section, the term Environment Laws shall mean all federal , state and local statutes, regulations or ordinances 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, contaminant or material 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 1,4 any termination of this Grant for Public Roadway. 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 - 3 - A= I ,. 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. 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 /u-(» day of 9ti—ei , A.D. 1993. COMM E T D N COMPANY By ice resident ATTEST: ssistant Se etary The foregoing grant is hereby accepted upon the terms and conditions stipulated therein. CITY OF E GIN By L� Mayor z..:t ATT ST: City Clerk RTL: lm 4853Y — 4 — 2 9 I , ` STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) I, JAM.ES V. AF3ETE , a Notary Public, in and for said County, in the State aforesaid, do hereby certify that ©HN ,I VIERA , Vice President of COMMONWEALTH EDISON COMPANY, an Illinois corporation, and R. R. Mai, , Assistant Secretary of said company, personally known to me to a he 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 CcTOc3E2_ , A.D. 1993. idie;k7- Notary Public My Commission Expires: "OFFICIAL SEAL" JamV. /'.5c, STATE OF ILLINOIS ) Notary F4"J < , . _ .+ F1� ) SS 2/ My Ccmr i a E ;,;: �;/u COUNTY OF ) ., :5 .,. I , 111 &L f b , a Notary Public, in and for said County, in the State aforesaid, do hereby certify that E"c C� E V rN OE vo e P..b e= , personally known to me to be the Mayor of the CITY OF ELGIN, and n c U ,v,v r9- "cc u,Y, , 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 , a 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 4x_elp , A.D. 1993. Given under my hand and notarial seal this /`5', J day of cRi,,ap , A.D. 1993. Notaty u•1f My Commission Expires: . /6/9fr OFFICIAL SEAL - 5 - MARY GIFFORT NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 3/6/96 2 9 INSURANCE RIDER 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; and 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, „1 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 (47 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. - 6 -