The URL can be used to link to this page

Home My WebLink About94-22 Resolution No. 94-22 RESOLUTION AUTHORIZING EXECUTION OF A RIGHT-OF-WAY GRANT FOR PUBLIC UTILITIES (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 a Right-of-Way Grant with Commonwealth Edison Company for installation of electrical lines, in, under and across the property legally described as follows : That part of the East Half of the Northeast Fractional Quarter of Section 1, Township 41 North, Range 8 East of the Third Principal Meridian, lying North of the Toll Road and West of the West line of the right of way of the Chicago and Northwestern Railroad, and lying East of the Easterly bank of the Fox River, in the City of Elgin, Kane County, Illinois . ALSO That part of the North East Fractional Quarter of Section 1, Township 41 North, Range 8 East of the Third Principal Meridian, lying North of the North line of the North line of the Toll Road (except that part lying East of a line drawn South 5 degrees 26 minutes West from a point on the North line of said Northeast 1/4 which is 969 feet West of the Northeast corner thereof and except that part West of East line of Highway) , in the City of Elgin, Kane County, Illinois . BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Right-of-Way Grant to be recorded in the Office of the Recorder of Deeds of Kane County, Illinois . s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: January 99 26 1 4 Adopted: January 26 , 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk I r SPEED MESSAGE TO FROM j Sax 9 F DATE _l ^� _ '9 r 9 -44 _ a- f SIGNED C�ry+J t DUPLICATE 44- IJOOCB•CarOonlass.MADE IN USA 4-900900 Duplicate lJ l RIGHT-OF-WAY GRANT Grantor, CITY OF ELGIN, a municipal corporation, in consideration of the sum of THIRTY-SIX THOUSAND FIVE HUNDRED NINETY DOLLARS AND 40/100ths ($36,590.40) and other good and valuable consideration in hand paid, the receipt and sufficiency of which is hereby acknowledged, does hereby give and grant to COMMONWEALTH EDISON COMPANY, an Illinois corporation, its successors and assigns (hereinafter referred to as "Grantee" ) , a perpetual right and easement to construct, erect, operate, use, patrol, maintain, replace, rebuild, renew, and remove one ( 1) pole structure and pole, with foundation and overhead electrical and communication transmission lines, consisting of one or more circuits, including, but not limited to wires, cables and necessary fixtures, conductors and appurtenances attached thereto or adding to the number of said above enumerated facilities in, over or upon the easement strip as hereinafter described, together with the right of cut down, trim or otherwise control the growth of all trees and bushes growing upon or over said easement strip and to clear obstructions from the surface and the right of ingress and egress to and over said above easement strip at any and all times, for such purposes, including patrolling the lines, repairing, removing, renewing or adding to the number of said enumerated facilities . The land over which this easement is granted is described as follows : That part of the East Half of the Northeast Fractional Quarter of Section 1, Township 41 North, Range 8 East of the Third Principal Meridian, lying North of the Toll Road and West of the West line of the right of way of the Chicago and Northwestern Railroad, and lying East of the Easterly bank. of the Fox River, in the City of Elgin, Kane County, Illinois . ALSO That part of the North East Fractional Quarter of Section 1, Township 41 North, Range 8 East of the Third Principal Meridian, lying North of the North line of the North line of the Toll Road (except that part lying East of a line drawn South 5 degrees 26 minutes West from a point on the North line of said Northeast 1/4 which is 969 feet West of the Northeast corner thereof and except that part West of East line of Highway) , in the City of Elgin, Kane County, Illinois . ( Exhibit A attached) Grantee will pay Grantor for all damages done to Grantor's property and will promptly repair or replace all damaged fences, gates, drains and ditches which may result from the installation and maintenance of said enumerated facilities . In the event an existing fence is cut for construction purposes, Grantee will provide a temporary fence which will promptly be replaced by a permanent fence in a workmanlike manner upon completion of construction. Upon completion of construction of said transmission lines, Grantee will restore the surface of the construction area area to as near as possible its original condition when first entered upon by Grantee. The Grantor expressly reserves the right to use the surface and subsurface of said premises for any purpose and said use shall be subject to the rights herein granted and shall be in such manner as not to interfere with the construction, operation, maintenance, patrol and use by Grantee, its successors and assigns of the electrical transmission lines, equipment and appurtenances thereto, or with other transmission line uses . No changes in grade shall be made that would increase or decrease the existing ground elevation by more than one foot without obtaining the prior written consent of the Grantee. Also no burning or composting shall be done in said premises without obtaining the prior written consent of the Grantee. No highly flammable or explosive materials or hazardous waste shall be stored or burned on the easement premises, nor shall the transportation, use or movement of anything having a height in excess of 15 feet from original ground grade level be allowed on the easement premises . In the event the Grantee deems it practical to abandon said easement premises, Grantee shall, pursuant to a request by the property owner of record or an appropriate party, release and disclaim all rights at Grantee' s expense. This Grant contains all the terms and conditions of this easement, express or implied between the parties hereto and shall be binding upon and inure to the benefit of, Grantor and Grantee and their respective legal representatives, heirs, successors, assigns, lessees and licensees . �1 Witness Grantor' s hand and seal this J � day of 'emu 19`P/ . CITY OF ELGIN, a municipal This instrument prepared by: corporation Erwin Jentsch Elgin Corporation Counsel By• � `��i' /. 150 Dexter Court (/� /Ta Elgin, IL 60120 George/ anDeVoorde Mayor Return to: Attest: Dolonna Mecum City Clerk - 2 - ... ...............„_ .�. r 12 ! C� I C� VEI F-1 Jc� o� F1 �_`__) E14e a JLJ EEA D7awwr� DDQ DC] o FID F PL FL: / . ! IF, --9- 0 law TWP ELG1N �J ._.,._�. �; «...,.�. "' SECS. 1 SIR T.41 N. R.13 E. ; . r .•RiAms v`W Caton. K X — -- EXHIBIT.A. — s 1 in Agenda Item No. January 7, 1994 TO: Mayor and Members of the City Council FROM: Robert 0. Malm, Interim City Manager SUBJECT: Commonwealth Edison Company Right-of-way Grant on City Property PURPOSE The purpose of this memorandum is to advise the City Council that Commonwealth Edison Company has expressed an interest in acquiring a right-of-way grant on City property. BACKGROUND The City owns property which is adjacent to the I-90 Tollway. Due to the significant growth and development occur- ring in the Elgin area, Commonwealth Edison is planning on expanding its electric transmission system along the I-90 Tollway. The City property is north of the Tollway, east of the Fox River. The right-of-way grant that Commonwealth Edison is requesting is to place 80 foot pole and electrical transmis- sion lines on the City' s property. In February of 1993, the City Council reviewed a request from Commonwealth Edison to acquire an easement that would provide for any potential "swaying" of the proposed transmission lines over City property. At that time, it was not envi- sioned that any poles would be placed on City property. Commonwealth Edison has proposed a payment of $30,296 .50 for the easement. Now that the placement of a pole is being requested, Commonwealth Edison has increased the offer for the right-of-way grant. The City' s property is located below the Tollway bridge that crosses the Fox River. Commonwealth Edison has submitted easement documents for review. FINANCIAL IMPACT Commonwealth Edison is proposing to pay $36 ,590 . 40 to the City for the right-of-way grant. Commonwealth Edison Company Right-of-way Grant January 7, 1994 Page 2 RECOMMENDATION Authorize the Mayor to enter into a right-of-way grant agree- ment with Commonwealth Edison Company. Rob rt 0. Ma m, In erim City Manager RIGHT-OF-WAY GRANT Grantor, CITY OF ELGIN, a municipal corporation, in consideration of the sum of THIRTY-SIX THOUSAND FIVE HUNDRED NINETY DOLLARS AND 40/100ths ($36,590 .40) and other good and valuable consideration in hand paid, the receipt and sufficiency of which is hereby acknowledged, does hereby give and grant to COMMONWEALTH EDISON COMPANY, an Illinois corporation, its successors and assigns (hereinafter referred to as "Grantee" ) , a perpetual right and easement to construct, erect, operate, use, patrol, maintain, replace, rebuild, renew, and remove one ( 1) pole structure and pole, with foundation and overhead electrical and communication transmission lines, consisting of one or more circuits, including, but not limited to wires, cables and necessary fixtures, conductors and appurtenances attached thereto or adding to the number of said above enumerated facilities in, over or upon the easement strip as hereinafter described, together with the right of cut down, trim or otherwise control the growth of all trees and bushes growing upon or over said easement strip and to clear obstructions from the surface and the right of ingress and egress to and over said above easement strip at any and all times, for such purposes, including patrolling the lines, repairing, removing, renewing or adding to the number of said enumerated facilities . The land over which this easement is granted is described as follows : That part of the East Half of the Northeast Fractional Quarter of Section 1, Township 41 North, Range 8 East of the Third Principal Meridian, lying North of the Toll Road and West of the West line of the right of way of the Chicago and Northwestern Railroad, and lying East of the Easterly bank of the Fox River, in the City of Elgin, Kane County, Illinois . ALSO That part of the North East Fractional Quarter of Section 1, Township 41 North, Range 8 East of the Third Principal Meridian, lying North of the North line of the North line of the Toll Road (except that part lying East of a line drawn South 5 degrees 26 minutes West from a point on the North line of said Northeast 1/4 which is 969 feet West of the Northeast corner thereof and except that part West of East line of Highway) , in the City of Elgin, Kane County, Illinois . Grantee will pay Grantor for all damages done to Grantor's property and will promptly repair or replace all damaged fences, gates, drains and ditches which may result from the installation and maintenance of said enumerated facilities . In the event an existing fence is cut for construction purposes, Grantee will provide a temporary fence which will promptly be replaced by a permanent fence in a workmanlike manner upon completion of construction. Upon completion of construction of said transmission lines, Grantee will restore the surface of the construction area area to as near as possible its original condition when first entered upon by Grantee. The Grantor expressly reserves the right to use the surface and subsurface of said premises for any purpose and said use shall be subject to the rights herein granted and shall be in such manner as not to interfere with the construction, operation, maintenance, patrol and use by Grantee, its successors and assigns of the electrical transmission lines, equipment and appurtenances thereto, or with other transmission line uses . No changes in grade shall be made that would increase or decrease the existing ground elevation by more than one foot without obtaining the prior written consent of the Grantee. Also no burning or composting shall be done in said premises without obtaining the prior written consent of the Grantee. No highly flammable or explosive materials or hazardous waste shall be stored or burned on the easement premises, nor shall the transportation, use or movement of anything having a height in excess of 15 feet from original ground grade level be allowed on the easement premises . In the event the Grantee deems it practical to abandon said easement premises, Grantee shall, pursuant to a request by the property owner of record or an appropriate party, release and disclaim all rights at Grantee ' s expense. This Grant contains all the terms and conditions of this easement, express or implied between the parties hereto and shall be binding upon and inure to the benefit of, Grantor and Grantee and their respective legal representatives, heirs, successors, assigns, lessees and licensees . Witness Grantor' s hand and seal this day of 19 CITY OF ELGIN, a municipal corporation By: George VanDeVoorde Mayor Attest: Delonna Mecum City Clerk 2 - AWWPr AP --- - -- J �:L�.»� --- ----------- fig. I I C� VE]D = o� D � D D DDD � +� DD w.ot D D ' Y Sao Ap 0 ELG1N T11VP. MW sauna+ �,:_.., ---- .�.�..smmms BEGS. 1 A I>! T.4 f N. ft.Q E. : . • , ........ r...i w 4 � ' !� A'•r+i'rs�i ^arfi "C3^K.f7cf�;.:Yt �Y'iPA,t �.�e4 •�-v�"• 3 .c. ... 94, ..= �T� l tiK•...lam '� �• '1. ,�, \' '7fty �.+►�".. - + 1! � it r..:: fit•-.,,f ,. ^+ - 'vr - ow yet ^�i • !1.� t f i ST 3L&TURE L4fATIONS AND WIRE ATTAINMENTS FOR 38KV LII� CLHERTS 572 ,o•-� o-r ro•--ar 20'-O TYPE LS1132 STAW; WRE NOTES: 7d _ V. 1. THIS CAOS,N6 CONFORMS wrT"RroumimENTS OF IHE L L.INOt COMMERM MKISSM. 63 ILLIMM ADMMSTRATIVF CODE. PART JOS LNESC - ilM EDITION!. 21Y 21f 2_ VOLTAGE VALUES DENOTE MDMINIM_ CRCUT VOLTA(;VS_ —r 30 NESC FEOLIPED CLEARANCE AT WAXNW SAG CONDITION. AC? CLEARANCL WETS OR EXCEEDS THS VALUE � 2d LOCATION PFKNVSED DOWL_E Cmun Of CROSSING 2-136 000 XTS CONS57M ` OF 8-�113 KCMIL 2424/71 ACM ^ 1-2 PARA14CT CONDUCTORS +7W p !OD YEAR FLOOD PER FLAA. PANEI VD097 OD4C 30'MN. DATED MUCH 1 W192 WOTE9 do oi-co. rn STR. 12021 --- - a 130'L_SfiJ? M. 12020 ElEVATM A—A t3o' L-Sf132 SCI� , vi:TTr- 330'' LOCATION PLAN LEGM m PROPOSED STEEL POLE 79L0 73 fl 541LOP Ina 1900 A APPARENT SEC- 35. T.42N,RW 3d APPARENT SEC, L T.4K, R.K. p co -oINYEOLTH EDI9oN cro (3 Srsroi FLECTFUCAL — — W W Q/p�D�C OFPAFtT�ENT 0 O "' STR- 12021 b S1 02020 n ¢ PROPOSED OVERHEAD to i isW L5.1132 �� 130r LSt130 on ~_ i CROSSING OVER THE FOX RIVER N THE NF OF SEC IN ELCIN 1TWP KAPC CO. ci y�y U ci - �Jr N I v�i P. ♦X W I Y W7UBA O -- c �M Y U �� SCALE: LX-19220 r — no► �