1983-06-27 - Resolution 1983-22 - APPROVING THE SOO LINE PIPELINE CROSSING PERMIT #23122. RESOLUTION NO. 83- 22
A RESOLUTION APPROVING THE SOO LINE PIPELINE
CROSSING PERMIT NO. 23122 (BUFFALO GROVE COMMERCE
CENTER - UNIT 2B)
WHEREAS, a permit from the SOO LINE is required to
properly accommodate the stormwater discharge from the Buffalo
Grove Commerce Center; and,
WHEREAS, the Village is required to approve the required
pipeline permit.
NOW, THEREFORE, BE IT RESOLVED by the Village President
and Board of Trustees of the Village of Buffalo Grove, Cook and
Lake Counties, Illinois, that the Village President and Village
Clerk are hereby authorized and directed to execute the pipeline
crossing permit No. 23122 of which said permit is attached hereto
and made a part hereof.
AYES: 4 - Marienthal , Stone, O'Reilly, Hartstein
NAYES: 0 - None
ABSENT: 1 - Glover ABSTAIN: 1 - Reid
PASSED: June 27 , 1983
APPROVED:
Village President
ATTEST: v'
Villa 'Clerk
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R/E Form No. 3669—Revised 9/81 PIPE LINE CROSSING PERMIT NO. 23122
THIS AGREEMENT,made and entered into as of the 27th day of June , 19 83 ,by and between
SOO LINE RAILROAD COMPANY,party of the first part,hereinafter called"Railroad Company",and
VILLAGE OF BUFFALO GROVE ,party of the second part,hereinafter called"Licensee",
WITNESSETH:
1. The Railroad Company grants to the Licensee permission to install and maintain a RCP AND CMP
twenty-one (2,1)
pipe line,sot exceeding fifteen (15) and / inches m diameter,hereinafter called"pipe line",extending upon and across the
Railroad Company's property and tracks in the SW1 of Section 34 ,Township 43 N.,Range 11 E. ,
County of Lake ,at or near Aptakisic ,State of Illinois
for a distance of approximately 10 feet ± at Railroad Survey Station 1664+65
in the location indicated in red and in accordance with the details as shown on the map hereto attached marked"exhibit A"; ' .
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geenangete to be used by the Licensee exclusively for storm sever
subject to the conditions hereinafter set forth.
2. The Licensee shall pay the Railroad Company the sum of$500.00 ayable in advance as rental
for the permission herein granted,and shall assume and pay all taxes and assessments that may be levied or assessed against the .i.e line,or against the
Railroad Company's property by reason of the location of the pipe line thereon. •. .•' �.*_.' :;..r ►r:�,r,q,t..,...,._, -.•..,.
J This
provision for payment shall in no way restrict the Railroad Company's right of termination under Paragraph 11 hereof.
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3. The Licensee,after first securing all necessary public authority,shall at the Licensee's sole expense install and thereafter maintain the pipe
line upon and across the Railroad Company's property and underneath any railroad tracks located thereon at the above described location,in a
manner satisfactory to the Railroad Company's Chief Engineer, and in strict conformity with the requirements of all laws,ordinances and orders of
competent public authority now existing and future modifications thereof,so as not to endanger the safety of railroad or other operations upon said
property and so as not to endanger the safety of the persons or property near or adjacent to the Railroad Company's property.
4. The Licensee shall be responsible for determining the location and existence of any pipes, wires, conduits, sewers, piling or other
obstructions to the construction of Licensee's pipe line and shall indemnify Railroad Company for any and all liability for damage to the foregoing
pipes,wires,conduits,sewers, piling or other obstructions,if any,caused by the construction or maintenance of Licensee's pipe line. The Railroad
Company makes no representation by the granting of this license that its property is free of any such pipes,wires,conduits, sewers,piling or other
obstructions.
5. The Licensee shall not carry on any work in connection with the installation, maintenance, repair, changing or renewal of the pipe line
underneath or in close proximity to any railroad track at the above described location before giving the Regional Engineer at least three days'written
notice at his headquarters located at Stevens Point Wisconsin
and not until an authorized representative of the Railroad Company shall be present to supervise same. Upon bills being rendered therefore, the
Licensee shall promptly reimburse the Railroad Company for all expenses incurred by it in connection with such supervision,including all labor costs
for flagmen supplied by the Railroad Company to protect railroad operations,and for the entire cost of the furnishing,installation and later removal
of any temporary supports for said tracks,which said Chief Engineer or his authorized representative may consider necessary while such work is in
progress.
6. The Licensee at the Licensee's sole expense, whenever notified to do so,shall promptly make such repairs to or changes in the pipe line,
including change in location, as said Chief Engineer or his authorized representative shall for any reason consider necessary and require.The Railroad
Company shall have the right, at its election, to make emergency repairs to the pipe line, and in such event the Licensee,upon bills being rendered
therefore,will promptly reimburse the Railroad Company for all expenses incurred in connection therewith.
7. Maintenance and use of the pipe line upon and across the Railroad Company's property at the above described location, however long
continued,shall not vest in the Licensee any rights adverse to those of the Railroad Company.
8. The Licensee shall assume all risk of damage to or destruction of the pipe line through any cause whatsoever while located upon and
across the Railroad Company's property, and shall at all times fully indemnify the Railroad Company against all liability, claims, demands, suits,
judgments, costs and expenses by reason of loss of or damage to property and injury to or death of persons whatsoever or whomsoever,in any manner
arising from or growing out of,directly or indirectly, wholly or in part,the installation,maintenance,repair,changing,renewal,existence or removal
of the pipe line upon,across or from the Railroad Company's property at the above described location.
9. The waiver by the Railroad Company of a breach by the Licensee of any provision hereof, shall be limited to the act or omission
constituting such breach,and shall not constitute a continuing or permanent waiver.
10. This agreement or the permission herein granted shall not be assigned or transferred by the Licensee in any manner,by operation of law
or otherwise, without the written consent of the Railroad Company. Subject thereto, this agreement shall inure to the benefit of, and be binding
upon,the successors,assigns and legal representatives of the respective parties.
11. This agreement shall continue in effect until terminated by either party upon thirty(30)days'written notice to the other party. Any
notice given by the Railroad Company hereunder shall be good if deposited in a United States post office,certified mail,addressed to the Licensee at
the Licensee's last known address. When so terminated, the Railroad Company shall make proportionate refund to the Licensee of rental that shall
have been paid in advance after deduction of any amounts payable by the Licensee hereunder.
12. The Licensee at the Licensee's sole expense, within thirty days from the date of service of notice of termination as above provided,shall
take up and remove the pipe line from the Railroad Company's property at the above described location and restore said property to a condition
satisfactory to said Chief Engineer. Failure on the part of the Licensee to do so shall constitute an abandonment of the pipe line by the Licensee,and
the Railroad Company shall then have the right, at its election, to disconnect the pipe line at the points where it enters and leaves the Railroad
Company's property, or to take up and remove the whole or any part of the pipe line from said property and perform said work of restoration,and in
either event the Licensee, upon a bill being rendered therefore, shall promptly reimburse the Railroad Company for all expenses incurred in
connection therewith,plus fifteen per cent.
13. The Railroad Company shall not be required to assume any portion of the cost of the construction of said pipe line or future maintenance
thereof14. Additional provisions set forth in Section 15 on reverse side and made a part hereof.
IN WITNESS WHEREOF,the parties hereto have caused this agreement to be duly executed,as of the day and year first above written.
SO¢LINE RAILROAD COMPANY
•
Witnesses: 44,t
iz�� �_oJ tL-
J U
i ?Z4
By
Assistant Director of Real Estate Development and Management
Attest .-VILLAG4,0F BUFFALO GROV , ILLINOIS
By '..,
Village Clerk Its Village President
15. The Licensee agrees that no changes will be made to the discharge pipe
located on Railroad property or to the 8" diameter reatrictor located near M.H. #10,
unless such changes are first approved by the Railroad Company.
•
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•
/ Soo Line ROW "EXHIBIT A" i
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/ Sta. 1664+65 DETAIL "A" .
•
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,`4APTAKISIC,ILL.
` LAKE COUNTY
ii.. SCALE: 1"=400' 1-25-82