HomeMy WebLinkAbout93-182 Recorded Resolution No. 93-182
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 along
Shales Parkway and legally described as follows:
That part of the Southwest Quarter of
Section 20, Township 41 North, Range 9 East of the
Third Principal Meridian, described as follows :
Commencing at the Southeast Corner of Commonwealth
Edison Company property per Document No. 18774775,
being also on the Northerly line of property
dedicated for highway purposes by Document No.
17993033 dated June 15, 1960; thence North 04
degrees 53 minutes 01 seconds East, along the
Easterly Line of said Document No. 18774775, a
distance of 311 . 73 feet for the point of beginning;
thence North 55 degrees 17 minutes 38 seconds West,
a distance of 115 . 62 feet; thence Northwesterly,
along a curve to the right, tangent to the last
described course, having a radius of 341 . 56 feet and
a chord bearing of North 39 degrees 40 minutes 26
seconds West, an arc distance of 186 . 23 feet to the
Westerly right of way line of Commonwealth Edison
Company property per Document No. 9542306 ; thence
North 04 degrees 11 minutes 19 seconds East, along LC
said Westerly right of way line, being also the Aa
Center line of Shales Parkway ( formerly Lovell CZ
Road) , a distance of 169 .79 feet; thence North 88
degrees 00 minutes 40 seconds East, a distance ofQn
33 . 19 feet to the Easterly Line of Shales Parkway; r
thence Southeasterly, along a curve to the left
having a radius of 261 . 56 feet and a chord bearing
of South 25 degrees 33 minutes 09 seconds East, an
arc distance of 271 .54 feet; thence South 55 degrees
17 minutes 38 seconds East, a distance of 77 . 12 feet
to the aforesaid Easterly right of way line per
Document No. 18774775; thence South 04 degrees 53
minutes 01 seconds West, along said Easterly right
of way line, a distance of 92 .21 feet to the point
of beginning. Being situated in the City of Elgin,
Cook County, Illinois and containing 0 . 62 acre more
or less (and commonly referred to as part of Parcel
42 of Grantor' s Joliet-Crystal Lake Right of Way) .
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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
Adopted: July 14 , 1993
Omnibus Vote: Yeas 6 Nays 0
Recorded:
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
C.;
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4 ; 9 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. 93-182, 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 .
G-tivn,e% 41.0 e c c
City Clerk
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(SEAL) r'.
Prepared by:
Robert T. Larson
Northern . Illinois Gas
P.O. Box 767
Chicago, IL 60690-0767
GRANT FOR PUBLIC ROADWAY
,V 491-888 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 such 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, Illinois, a Municipal Corporation of
Illinois, a perpetual easement for the right to use the property legally
described as follows :
SHALES PARKWAY
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That part of the Southwest Quarter of Section 20, Township .]:: W 41 North, Range 9 East of the Third Principal Meridian,
described as follows: commencing at the Southeast Corner imuli4AF
of Commonwealth Edison Company property per Document No.
18774775, being also on the Northerly line of property
dedicated for highway purposes by Document No. 17993033
dated June 15, 1960; thence North 04 degrees 53 minutes 01
seconds East, along the Easterly Line of said Document No. �.
18774775, a distance of 311 .73 feet for the point of
beginning; thence North 55 degrees 17 minutes 38 seconds
West, a distance of 115.62 feet; thence Northwesterly,
along a curve to the right, tangent to the last described
course, having a radius of 341 .56 feet and a chord bearing �"■••.�
of North 39 degrees 40 minutes 26 seconds West, an arc
distance of 186.23 feet to the Westerly right of way line
of Commonwealth Edison Company property per Document No.
9542306; thence North 04 degrees 11 minutes 19 seconds mammaimmi
East, alongsaid Westerly right of wayline, beingalso the
Y g
Center line of Shales Parkway (formerly Lovell Road) , a
distance of 169.79 feet; thence North 88 degrees 00 minutes
40 seconds East, a distance of 33. 19 feet to the Easterly
Line of Shales Parkway; thence Southeasterly, along a curve
to the left having a radius of 261 .56 feet and a chord
bearing of South 25 degrees 33 minutes 09 seconds East, an
arc distance of 271 .54 feet; thence South 55 degrees 17
Return to. 00
Dolonna Mecum REC '•ti;�`NG FEES- 7 c)
Elgin City Clerk '" DATE.„ j- "/'
150 Dexter Court
Elgin, IL 60120 D +`__---~
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minutes 38 seconds East, a distance of 77. 12 feet to the
aforesaid Easterly right of way line per Document No.
18774775; thence South 04 degrees 53 minutes 01 seconds
West, along said Easterly right of way line, a distance of
92.21 feet to the point of beginning. Being situated in
the City of Elgin, Cook County, Illinois and containing
0.62 acre more or less (and commonly referred to as part of
Parcel 42 of Grantor' s Joliet-Crystal Lake Right of Way) .
and shown on 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 substantial
conformity with the plan shown on Exhibit "A", and
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,
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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.
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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
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,
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.
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The foregoing covenants and indemnification obligations shall survive
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
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;//,L-,
has caused this instrument to be executed
on this /, . / day of , A.D. 1993.
COMM EA H E N COMPANY
B •
Vic : President
ATTEST:
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A sistant Secreta
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The foregoing grant is hereby accepted upon the terms and conditions :1^
stipulated therein.
CITY OF E IN
By 41, 42 ")
ayor
ATTEST:
ca.-4414/4 Pk,r_ cti--
City Clerk
RTL: lm/4856Y
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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
JOHNJ. VIERA , Vice President of COMMONWEALTH EDISON COMPANY, an
Illinois corporation, and R. R. M!GELY , 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 I -- day
of Or,TO , A.D. 1993.
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"OFFICIAL SEAL"
My Commission Expires : James V. Abete
Notary Public,DuPa;e County,State of
My Commission Expiresa-A7-95.
STATE OF ILLINOIS )
An/ ) SS
COUNTY OF -Ogg )
I , !Y/9P_ Gr l Ff /z t , a Notary Public, in and for said
County, in the State aforesaid, do hereby certify that 0 c/ c�-
V M' e you o L , personally known to me to be the Mayor of the CITY
OF ELGIN, and a o L- o tin/ra- /1Eco tom' , personally known to me to be the
Clerk of said City, both of whom are personally known to me to be the same wA
persons whose names are subscribed to the acceptance of the foregoing c�^
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 r'
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 M yor and City Council of said City on
the /41 day of , A.D. 1993.
Given under my hand and notarial seal this /617..4.i day
of (:; "_(-p, , A.D. 1993.
NotarjPubl i
My Commission Expires:,-3/61/
OFFICIAL SEAL
— 5 — MARY GIFFORT
NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 3/6/96
4 d
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,
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.
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