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HomeMy WebLinkAbout97-95 Recorded 983900 73 .13 Resolution No. 97-95 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT (Commonwealth Edison Company) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Easement Agreement for water and sewer with Commonwealth Edison Company, in, under, and across Parcel 40 of Grantor' s Joliet-Crystal Lake right-of-way, in the Southwest 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 Agreement to be recorded in the office of the Recorder of Deeds of Cook County, Illinois. s/ Kevin Kelly Kevin Kelly, Mayor Presented: March 26, 1997 Adopted: March 26 , 1997 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • State of Illinois) 9839t)073 County of Kane ) ss . City of Elgin +'saM 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. 97-95 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT (Commonwealth Edison Company) adopted by the Elgin City Council at its legally convened meeting held on March 26, 1997 . 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 August 5 , 1997 . City Clerk (SEAL) EXHIBIT ATTACHED • - 74 1/0040 53 001 {'ao2 1 of 15 1998-05-12 11 : 32: 47 'w.e Cook County Recorder c5 00 --4. 0 9g3gt)43 .:k L'r...'' G .;:- A ATCHED1"7:ZIED Ada EASEMENT AGREEMENT THIS AGREEMENT,Made this 29th day of January, 1997, by and between COMMONWEALTH EDISON COMPANY, an Illinois Corporation, 125 S. Clark Street, Chicago, Illinois 60603-0767,(hereinafter referred to as "Grantor"),and THE CITY OF ELGIN, a municipal corporation of Illinois,(hereinafter referred to as "Grantee"); WITNES SETH: That Grantor, for and in consideration of the payments of Ten Dollars($10.00)and other good and valuable consideration by the Grantee,receipt of which is hereby acknowledged,and in consideration of the covenants,agreements and conditions hereinafter contained on the part of the Grantee to be made, performed,kept and observed,BY THESE PRESENTS DOES GIVE AND GRANT unto Grantee,without warranty, a perpetual centerline easement, for the right and privilege to install, use, operate,maintain,replace and remove TWO 8-INCH WATER MAINS,AND ONE 8-INCH SANITARY SEWER without any manholes, appurtenances or deviation from plan thereof,(hereinafter referred to as "Facilities"), in,under,and across Parcel 40 of Grantor's Joliet-Crystal Lake Right-of-Way,_in the 15-4 Southwest Quarter of Section 17,Township 41 North,Range 9 East of the Third Principal Merida , ^ f ' )J67 Cook County,Illinois. ' a The said Facilities are to be installed along the centerline as shown on_engineering plans. ated by Scheflow Engineers,titled"Echo Ridge Subdivision"Plan and Profile, sheet 3 of 6 d i � Return to: f&! o 6 -/7_ 300-0/2 Dolonna Mecum Elgin City Clerk 5elIZ i150 Dexter Court Elgin, IL 60120 98390)73 • ( !.. December 12, 1995, last revised July 21, 1994, marked Exhibit"A", attached hereto and made a part _Sz x f hereof. As part of this Agreement,Grantee also agrees to install a one-foot high berm along the ComEd and Echo Ridge Development bordering property line as shown on the attached Exhibit"A-1". This grant is made subject and subordinate to the rights previously granted by Grantor to Lakehead Pipeline Company and Northern Illinois Gas Company such having installed equipment and facilities laid longitudinally in Grantor's Right-of-Way at this location. Consent of such Grantee(s) is a prerequisite to exercise the rights hereunder granted. This grant is made by Grantor and accepted by the Grantee under the following terms and conditions: FIRST: Grantee shall notify Grantor in writing 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 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 Regional Right-of-Way Agent in Rockford,Illinois,telephone number(815)966-2795, 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. Grantee further agrees prior to any digging that it will contact J.U.L.I.E.,telephone number(800) 892-0123, in order to have all existing underground utilities and pipelines;to coordinate its work so as not to jeopardize any existing utility or pipeline; and,shall be responsible for any damage thereto. SECOND: Grantee agrees that said Facilities will be installed in Grantor's property in strict conformity with said Exhibit"A" 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. -2- 9839°0 73 THIRD: Grantee agrees to reimburse Grantor and its grantees, lessees or licensees for <,r any expense incurred in protecting or rearranging their facilities due to the installation, operation, 1 maintenance or removal of said Facilities. It has already been determined that pole bracing must be installed on the pole located on the east side of the ComEd Right-of-Way near the southwest corner of s:3 Lot 1 of the Echo Ridge Subdivision and the proposed 8-inch water main route. Elgin C D & C Engineer should be contacted at (847) 608-2335 at least two weeks prior to construction. FOURTH: 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 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 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 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 -3 - 9839()073 F� 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 any termination of this Easement Agreement. FIFTH: Grantee shall indemnify and save harmless the Grantor, its officers and employees,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 employees in any such litigation, if Grantor requests Grantee to do so. SIXTH: Grantor shall not be liable to Grantee for damage to the Facilities due to the installation, operation,maintenance or removal of any present or future facilities of Grantor in Grantor's property. SEVENTH: Grantee agrees that any equipment used in the installation of the Facilities shall not exceed fourteen(14)feet in height;that no blasting will be done,and that suitable markers will be installed and maintained to indicate the presence of and location of said Facilities in Grantor's property. Upon completion of construction,Grantee agrees to furnish Grantor with a copy of plans indicating the installed location of said Facilities and said markers. EIGHTH: Grantee agrees to obtain at its sole cost and expense such permits, licenses or other authority which may be required from the State of Illinois,the County of Cook,Army Corps of Engineers, 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. -4- • 98390(073 4 w NINTH: Grantee agrees to require its contractor,before commencing the work of installing,repairing,replacing or removing the Facilities to purchase and maintain,a policy or policies of €' insurance issued by good and responsible insurance companies and in a form satisfactory to Grantor as z 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; 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 Grantor. Commonwealth Edison Company, as Grantor, shall be added as Additional Insured under endorsement GL 2010 or CG 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 Facilities,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. -5 - • 983900 73 TENTH: In addition to any extraneous agreements, contracts or understandings that the ' Grantee would have concerning any of the On-Site or Off-Site Improvements associated with the 0 Developer or Subdivider of this Project, Grantee agrees that with its execution of this agreement,which ,i • Yf;; Facilities are a part of the Off-Site Improvements to this Project,that it has taken and assumed all liabilities and responsibilities associated with,caused by,connected with or in any way attributable to the construction and placement of said Facilities as located in the Property of Grantor in advance of Grantee's acceptance or finalization of the On-Site or Off-Site Improvements associated with this Project and its Developer or Subdivider. ELEVENTH: 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 Facilities will in any manner interfere, Grantor shall deliver to Grantee a written notice describing such proposed use and stating that said Facilities will interfere with such proposed use. With the notice shall be an estimate of any additional costs incurred by Grantor if its proposed construction is altered to avoid or minimize interference with the Facilities. Grantee shall, at its cost and expense, commencing ninety(90)days after receiving such notice from Grantor, (1)make such changes in said Facilities as in the judgment of Grantor may be required to avoid or minimize such interference, including relocation of the Facilities 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. TWELFTH: 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. THIRTEENTH: Grantee agrees to pay Grantor, its grantees, licensees, lessees, successors or assigns, for any and all damage and expense which they or any of them,may sustain or be -6- . 9839O073 put to because of damage to any property of Grantor, its grantees, licensees, lessees, successors or assigns, including but not by way of limitation,damage to crops,fences,pasture lands or livestock,on account of the installation, operation,maintenance,repair,replacement or removal of the Facilities and --t 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, including the restoration of top soil to its initial pre-construction depth where tillable soil existed prior to installation of said Facilities and restoration of the ground to its initial pre-construction elevation. Grantee agrees that there shall be no impairment of natural drainage or of installed drainage facilities occasioned by the construction, installation,repair,replacement,maintenance,operation or removal of the Facilities. FOURTEENTH: 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. FIFTEENTH: 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. SIXTEENTH: Grantee shall have the right to enter upon, occupy and utilize temporarily, from time to time, so far as may be reasonably necessary, a strip of land lying fifteen(15) -7- 98390073 feet on both sides of the centerline of said Facilities for the installation,maintenance or removal thereof provided,however,that such rights over Grantor's property shall be exercised in such a manner as not to interfere with Grantor's use of its property. P P rh'• 017 SEVENTEENTH: Grantee agrees that 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. EIGHTEENTH: 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. Also, if at any time after the installation of the Facilities,Grantee shall fail to use the same for a period of twelve(12)consecutive months,Grantee's rights and authority hereunder,without the necessity of any notice to Grantee, shall terminate forever. Upon termination of this Agreement or Grantee's rights and authority hereunder,for any reason whatsoever,Grantee shall, at its expense, remove the Facilities 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 -8- • 98390073 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. Er-M NINETEENTH: As further consideration for this grant of easement, Grantee agrees to cause its contractors to deposit,before the start of construction,with Grantor,an irrevocable letter of credit, drawn on a national or state bank in the sum of TWO THOUSAND DOLLARS($2,000.00)U.S. currency,payable on drafts drawn to the order of Commonwealth Edison Company, on the following terms and conditions: 1. Drafts drawn by Commonwealth Edison Company shall be accompanied by a letter signed by the Grantor's Land Management Administrator stating that Grantee has not complied with the provisions of Paragraphs THIRD and THIRTEENTH of this easement grant. 2. The letter of credit shall expire upon issuance of a letter signed by said Grantor's representative stating that compliance has been made by Grantee or its contractor with the provisions of Paragraphs THIRD and THIRTEENTH and in any event, said letter of credit shall expire twelve months after written notification has been sent by U.S. mail,registered, return receipt requested,to said Grantor's representative,that construction has been completed. Should such letter of credit contain a fixed expiration date, Grantee agrees to renew such letter of credit upon expiration, if the letter of credit would expire before construction is completed. TWENTIETH: This agreement shall be executed for and on behalf of the Grantee pursuant to a Resolution passed by the Mayor and the 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-FIRST: The terms "Grantor" and "Grantee"wherever used in this instrument are intended in each instance to include the respective 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. -9- • • • 983 )0 )73 IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed by their proper'officers'thereunto duly authorized as of the day and year first hereinabove written. 0 r a COMMONWEALTH EDISON COMPANY By Real Estate Manager CITY OF ELGIN By Mayor ATTEST: siZ)19.6) fW City Clerk This instrument prepared by K.M.Egan-Kochanski on behalf of Commonwealth Edison Company, 125 S.Clark Street, Chicago,IL 60603. h:egan 1\95056e1g.doc - 10- • 98390 173 DEVELOPER'S AND CONTRACTOR'S GUARANTEE 4.0 Merit Real Estate 525 W. Wise Road -Unit C Schaumburg,Illinois agrees to guarantee performance of the work contemplated and of said Facilities, as the party constructing and installing the Facilities and initial owner thereof,and to be bound by all terms,conditions and covenants of this agreement except Paragraphs ELEVENTH and SEVENTEENTH,and further agrees to pay COMMONWEALTH EDISON COMPANY, upon execution hereof, TWELVE THOUSAND SEVEN HUNDRED SEVENTY-FIVE AND NO/100 DOLLARS ($12,775.00)as a preparation fee, compensating COMMONWEALTH EDISON COMPANY for its expenses in considering and analyzing the effect of this request upon the performance of its public utility responsibilities and the preparation of this document. By DATE ACCEPTED: " Z-9 g 7 SEAL ATTEST: elzetediv - 11 - • STATE OF ILLINOIS SS Q390013 COUNTY OF COOK ) ROBERT T. LARSON t' I, , a Notary Public, in and for said County in the State aforesaid, do hereby certify that R.O. Wulf, Real Estate Manager of COMMONWEALTH EDISON COMPANY, an Illinois Corporation, personally known to me to be the same person whose name is subscribed to the foregoing instrument as such Real Estate Manager of Commonwealth Edison Company appeared before me this day in person and acknowledged that he signed and delivered the 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 )`7 5-day of A /, 7 A.D. 1997. •••••••••••••••••••••••••••• "• OFFICIAL SEAL" • /� � • ROBERT T. LARSON : /( �'Z eic -- • NOTARY Pu•.L C STALE OF ILLINOIS : Notary Public • My Commission ExiSrAY Commission Expires Mar. 3, 2001 • ass •••••••• STATE OF ILLINOIS ) KANE ) SS COUNTY OF §wrkx ) I, Suel lyn Losch , a Notary Public, in and for said County, in the State aforesaid, do hereby certify that Kevin Kelly , personally known to me to be the Mayor of the City of Elgin, and Dolonna Mecum , 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 2 6 th day of March , A.D. 1997. Given under my hand and notarial seal this 19th day of August ,A.D. 1997. t,tfU(.L �`1l'Vic' ` Not Public My Commission Expires / '/�7/ . WVVV OFFICIAL SEAL SUELLYN LOSCH NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES:10/27/98 v►MHv1 vivnAmmYUvvwvv - 12-