1987-12-21 - Resolution 1987-62 - APPROVING THE COMMONWEALTH EDISON INDENTURE FOR UTILITY SERVICERESOLUTION NO. 87 -62
A RESOLUTION APPROVING TIIE COMMONI,IEALTII EDISON
INDENTI'RE FOR UTILITY SERVICE
I,IIEREAS, an lndenture lrlth Comonwealth Edlgon 18 requLred to
al1ow the connectLon, constructlon and mal.ntenance of utllitlee fron
Edlsonrs proposed T.D.C. 237; and'
$XEREAS, the Vlllage 1s requlred to approve the requlred
Lndentu!e ,
NOW, TflEREFORE, BE IT RESOMD by the President and Board of
Trustees of the Vl11age of Buffalo Grove, Cook and Lake Countles' Il-llnols'
that the Vlllage Presldent and Vlllage Clerk are hereby authorlzed and
dlrected to execute the tndenture of whlch sald agreement {s attached
hereto and Eade a part hereof.
AYES:4 - Marienthal, Glover, Reid, Shields
NAYES :0 - None
ABSEM: 2 - Kowalski ' Shifrin
PASSED: December 21
APPROVED December 21
ATTEST:
Verna I-. Clayton
Vlllage Presldent
1987
7987
,,/
hn* t.S-\".^Vilil€d clerk
A?PROVED-:
IlIinois Ccneral Partnership c/o Hiffman Shaffer Anderson, Inc. ' 118 South
THrS TNDENTURE, made this ?4 f/ auy ofAdn,, 198t, by and between
Village of Buffalo Grove, a municipal corporation of Illinois' Fifty Raupp
Buffalo Grove vencure, an
Boulevard,Buffa.loGrove,II'l,inojs60089andHilT{@'
Clinton Street, Chicago, IL 60606
R€+H+k B+ee[1+ef+a;iJ]+i{ei-s--6o}8+, h e re i naf ter j oi n t l y and s evera l'l y
referred to as "Permittor", and Commonwealth Edison Company, an Illinois
Corporation, P.0. Box 767, Chicago, Illinois 60690, hereinafter referred to
as " Edi son":
XIIIESSE][:
That Permittor, for and in consideration of the payment of Ten
Dollars ($lO.OO) and other good and valuable consideration by Edison, receipt
of which is hereby acknowledged, and in consideration of the covenants,
agreements and conditions herejnafter contained on the part of Edison to be
made, performed, kept and observed, 8Y THESE PRESENTS DOES PERMIT AND C0NSENT
unto Edison the right and privilege to tie into or tap
Permittor's exist.i ng sanitary setrer, storm set'ler, tlatermain and publ'i c street
for the use, operation, maintenance, replacement and removal of one (l) 6-inch
sanitary sewer, one (l) I l/2-inch vater service and one (l) 8-inch storm
sewei (hereinafter referred to as "Edison's Facilities"), such tie-in or taps
into Permittor's existing personal property or fac'i Iities will take place
within the limits of Commonwealth Edison Company's fee owned land, together
with the right to construct and maintain Edison's Faci1ities, Permittor also
permits and consents to the opening of, curb removal for and construction of
and use by Edi son of a 2O-foot w'ide access road extending from New
Commerce Court Road, northerly to Commonweal th Edison Company's proposed
Substation TDC 237, for ingress to and egress from, and for communication
along Edison's land, AND FURTHER DoES GIVE AND GRANT to Edison an easemen
storm and
extend its tap into theVsanitary seYer on Ner Commerce Court Road.
Edison's Facilities and access road are to be installed and tied
or tapped into Permittor's existing personal property or facilities along
/,t
dlo
-t/tto ,'/:El"r!0Ktr,6
..1
centerl'i nes as shovn on Commonreal th Edison Company's sketch, Sketch No.
SK237-2BG dravn on November 3, I987, marked as Exhibit "Ao and attached hereto
and made a part hereof.
This permit, permission and consent is made by Permlttor and accepted
by Edison under the folloring terms and conditions:
FIRST: Edison agrees that Edison's Facilities and access road rill
be installed in accordance vith said Exhibit "A' attached hereto.
SECOND: Edison shall comply vith all acceptible engineering and
building practices and construction rules, regulations and requirements issued
by any state or Iocal governmental agency relating to Edison's use of
Permittor's existing personal property assoclated vith the proposed Edlson's
Facilitles.
THIRD: Permittor agrees that this pernlt and consent for Edlson to
tie into or tap into such existing sub-surface facilities, together vith
access rights, is given in perpetuity an dama t1n ce her tha
further cost or ex pense to
nonnal on o1n water and sewer c
Edi son ,o er a a ss a e ere n.
FOURTH: The terms "Permittor" and "Edison" vherever used in this
instrument are intended in each instance to include the respective successors
and assigns of the parties hereto, vhichever the case rnay be.
*Further, Buffalo Grove Venture agrees to pay for the tormal tap on fees and
permit fees otherwise chargeable to Edison for the sanitary sewer and water
service referred Eo in the first page of this lndenture (as part of
Edison's facilities), provided such tap on and permit fees are incurred within
3 years of the date of this lndenture., _
IN l,{ITNESS l.lHERE0F, 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.
VI LLAGE FFALO GROVEru
B
ATTEST:
Presi den
BUffALo CRoVE VDNTURE, an Illinois
H+FFilAIH{.I+FFER-+NSE,R5O}HN€.
Gene ra I Partnership
By: LAKE GRoVE VENTURE, an IlIinois
Limited Partne sh ip
By:
John E.
Ge ne ra I
Ag^nTn 8-!'."-.U clerk
ATTEST:
TTEST:
Assi stant Secretary
S er
Ener
COMMONI,ISL{+I EDISON.COMPANY
BYw
vr ce Presldont
BY: I SENSTElN.PASQUINELLI VENTURE !an Illinois General Parcnership
By:
Me lv
al
As an Secretaryt
n Isenscein
PartnerCeneral
By: COMMONWEALTH EDISON COMPANYKLT/dbh: 'l '123F
3
By'
Vi cnt
Blxxxxxxr\xxxxxxxxxxNxxltx*xxxxx
\f"L'Hrt's$Ceftt
,\J
STATE OF ILLINOIS
COUNTY OF COOK
of
5)
G'i ven under my hand and notarial seal thisDecember , A. D. 1987.
My Commission Expi res:>L /n
)
)
)
I, cARoL M. TENERETLT a Notary Public, in and for said
County, in the State aforesaid, do hereby.cert]fV ttli! vE91 !: .cLAYroN'
on..o'nil lv known to me to be the Pres'ident of the Village of Buffalo Grove
!i6---tarrf u. -srnenrelt , personally known to me to be the Cl erk of said
Viifage , both of whom are persbnally known. to^me to be the same persons whose
nares-a.e subscribed to the acceptanle of the foregoing instrument as-sUch
iieiiOent and C1 erk, appeared beiore me this day in person. and-acknowledged
that they signed and dbiivered such acceptance for and on behalf of said
viitaqe ind iaused the corporate seal of said Village to be affixed thereto as
their"free and voluntary act, and as the free and voluntary act of said
Viiiage for the uses ani purposes there'i n set forth,. pursuant to a written
roroiition duly passed by the and of said on the 21st day
of December , A. D. I 98 7,
2Znd
Notary Publ i c
day
OOFFICIAI SEAL'
CAROL M. TENERILLI
Notsry Public, State of Illinois
_ :, , f-lfeA t. //eegeef , a Norary public inand for the said counry. i" trre siate iroiElai Do HEREBY cER?IFy rharJohn E. Shaffer, a general partner of Lake Grove Venture, and Me1vinIsenstein, a genera). partner of Isenstein-pasquinelli Venture, whichsuch partnerships are the general partners of SUF,fALO GROVE VENTURE, anrl-rinois general partnershi-p, who are personarry known to me to be thesame persons whose name are subscribed to the foregoing instrument assuch general partner of each said partnership, appeared before me thisday in person and acknowledged that they signed and del-ivered the saidj-nstrument as their own free and voluntiry ict ana as the free andvoluntary act of each said partnership and as the free and voluntary actof Buffalo Grove Venture, for the uses and purposes therein set forth.
STATE OF ILIINOIS
COUNIY OF COO(
1987.
GMN under my hand and NotariaL Seal this 22nd day of Decenber,!taaaaaaaa ataa aaaaaa aaatt?at3 "orrtcrnl sEAL"
My comnission .ioi.9$B.. NOTARY
BRA L. HERBERT
PUBI.IC, STATE OF ILIINOIS
tlv'ly Comrnission Eynires 0ct. 13, 1991
-4-
Notary Public X/il^/,J
)
)
)
STATE OF ILLINOIS
COUNTY OF COOK
of
d notar i a'l
, A.D. I98
SS
)
)
)
sai d
ANY, an
rofa
TH IS
ss
am
P
day.? / //7
d
N
s
n
a
n
0
i
e
r
i
d
s
rpt
nd
h.
n
ED
A
s
ce
da
me
s
ta
e
omp
fretf
th;hvi
his
s trutof
ss isfth
tob
s su
cubl'i
at
NEAL
otary Ptify th
N
rf
I, KEaRY L. TI;iliIR , a
County, in the State aforesaid, do hereby ce
H. ,\;1. DILLSy , Vi ce Presi dent o
IlIinois corporation, and W. J. GCUyiLlS
Secretary of said company, personally known
names are subscribed to the foregoing instru
Assi stant Secretary, respectively, appeared
acknowledged that they signed and delivered
free and voluntary act and as the free and v
the uses and purposes there'i n set forth; and
also then and there acknowledge that he, as
said company, did affix the said corporate s
instrument as his own free and voluntary act
act of said company, for the uses and purpos
COMP
tant
perso
s iden
pers
s the
compa
ecret
orate
o sai
vol u
MMONc0
ns whos et and
on, andir own
ny, for
ary di d
seal of
d
n tary
t
it
at
v
n
a
n
c
n
r
a
e
ct
n
c
A
d
h
i
a
me
d
v
id
an
sa
s
ei
a
e
a
a
5
df
i
r
a
i
to me
ment
befor
the s
ol unt
the
custo
eal o
, and
es th
al th
c
e
se
it
n
a
er
sesti4-
i ven under my hand an
/
Notary Publ i c
My Commission Expi res :ocT 1 6 1s88
5
)
Febru
on Pa
'7
.Jaryge2 25, 1988
Cio (F L E trMAR241W655g5l
as Document No. 265992I andfleing
-.\. ? _7,
was original,ly recorded on
I
this IndentuiLrerecorled to correct Lhe rantin clause
TICCR TITLE ii.ISUi:5'}.\--
nb
ts
OO
=
/
THIS INDENTURE, made this J 6 /l a^y of fir?., lgd', by and betveen
Village of Buffalo Grove, a munici pal corporation of Illinois, Fifty Raupp
Buffalo Grove Venture, an
Boulevard, Buffalo Grove, Illinois 60089 and l4ff,ma*-S$affe+-4ed e r. on, Inc,,
lllinois Ceneral Parcnership c,/o Hlffman Shaffer Anderson, inc., 118 South
Clincon SEreeE, Chicago, IL 60606
,herei nafter joi ntly and severa'l ly
referred to as "Permittor", and Commonyealth Edi son Company, an IIIino'i s
Corporation, P.0. Box 767, Chicago, Illinois 60690, hereinafter referred to
as "Edi son";
It]{EssEI[:
That Permittor, for and in consideration of the payment of Ten
Dol Iars ($10.00) and other good and valuable consideratjon by Edison, receipt
of which is hereby acknouledged, and in consideration of the covenants,
agreements and cond'i tions hereinafter contained on the part of Ed'i son to be
made, performed, kept and observed, BY THESE PRESENTS DOES pERl.,tIT AND CONSENT
unto Ed'i son the right and privilege to tie into or tap
Permittor's existing sanitary setver, storm selrer, lratermain and public street
for the use, operation, maintenance, replacement and removal of one fi) 6-inch
sanjtary sewer, one (l) I l/2-inch xater service and one (l) 8-inch storm
sexer (hereinafter referred to as "Edison,s Facilities,,), such tie-.i n or taps
into Permittor's existing personal property or faci lities nill take place
vithin the limits of Commonwealth Edison Company,s fee owned Iand, together
vith the right to construct and maintain Edison's Fac'i lities, perm'i ttor also
permits and consents to the opening of, curb removal for and construction of
and use by Edison of a 20-foot yide access road extending from New
4"l
2€;5P,921'
t\)
orl
CJI
r.O
r-O
:
'l,l'
(d'
C .(l)
extend its tap into theVsanitary seyer on Ner Comrnerce Court Road.
TQ
along Edison's land, AND FURTHER 00ES
stom and
GM ANO GRANT to Edison an ease
ID ce expense to
he r cha
n.
ment to , .arn )
2/l_s c
-)
Edison's Facilities and access road are to be installed and tied
or tapped into Permittor's existing personal property or facilities along ti-6
centerlines as shoyn on Comnonyealth Edison Company's sketch, Sketch No.
SK237-28G dravn on l{ovember 3, 1987. marked as Exhibit "A', and attached hereto
and made a part hereof.
This pernit, permission and consent is made by Permlttor and accepted
by Edison under the fol Ioring terms and conditions:
FIRST: Edi son agrees that Edison's Facilities and access road yill
be instalIed in accordance vith said Exhibit "A' attached hereto.
SECOND: Edison shalI comply rith all acceptable engineering and
building practlces and construction rules, regulations and requirements ,l ssued
by any state or Iocal governmental agency relating to Edison,s use of
Permittor's existlng personal property associated rith the proposed Edlson,s
Facillttes.
THIRD: Pernlttor agrees that thls permlt and consent for Edlson to
tie into or tap into such eristlng sub-surface facilliles, together ylth
ri ghts, i s gl ven i n perpetul ty an da tnlnt urther cost oraccess
Ed i son.
nonnal on orn uater and seeer c
er a a rs s a e ere
FOJRTH: The terms ,,permittor', and ,,Edison" yherever used ln this
instrument are intended in each instance to include the respective successors
and assigns of the parties hereto, nhichever the case may be.*Further, Buffalo Grove venEure agrees co pay for Ehe hormal lap on fees andpernic fees ochero,ise chargeable co Edison for the sanicary sener and r.raterservice referred ro in the first page of chis Indenture (as part ofEdison's facilicies), provided such Eap on and permit tees aie incurred r.riihrn3 years of che date of rhis Indenture.2 _
Commerce Court Road, northerly to Commonvealth Edi son Company's proposed
Substation TDC 237, for ingress to and egress from, and for communication
IN ]{ITNESS I{HEREoF, 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 nritten.
VILLAGE OF BUFFALO GROVE
ffer
rtner
B
,fir o$r. .r,t i+..r-,..
CI efk
Pre s i dent
BY: LAKE GROVE VENTURE, an
Limi.ced Partnership
By,
ATTEST:
.i'BUFFALo GRoVE VENTURE. an IIIinoisW.
Cene ra I Partnersh j.p
I L I inois
Joirn E
Gene raAssi stant Secretary
ATTEST:
@Y
nrrxxwxJiJ[-i.l.Xft
BY: ISENSTEIN-PASQUINELLI VENTURE,an lllinoi Ce al Parcnership
By:Is s tart Secretary
Ilelvin
Cene ra I
lsenstein
Partner
By: CoMMoNWEALTH EDISON COltpANy
3
Vice P re s i-dent
KLT/dbh : I I23F
By:
2fis9921
I
AIIEST:
STATE OF ILLINOIS
COUNTY OF COOK
S
))ss
)
I, CAROL M. TENERELLI A NOTATY
County, 'i n the State aforesaid, do hereby certify
personal ly known to me to be the President of the
and .lexrr !t. sTRABTAN , personal ly knonn t
V'i llage , both of whom are personally knoyn to me
names are subscribed to the acceptance of the for
ubl i c, i n and for sai d
611 VER-\A L. CLAYToN
i I l age of Buffal o Grove
e the Cl erk of sa'i d
e same persons vhos e
strument as such
and acknowl edged
and on behalf of said
ge to be affixed thereto as
ol untary act of said
, pursuant to a yritten
the 21sr day
Cl erk
P
t
o
t
eg
'in
r'la
th
n
metob
obeth
oi ng in
personPres i dent and
that they sig
Vi1l age and c
thei r free an
Vi 1 lage for t
of
c0u OF
ne
au
d
da
s ed
vol
, appeared before me this day
d de'l jvered such acceptance fo
the corporate seal of said Vil
ntary act, and as the free and
s and purposes therein set for
n
u
he use
resolution duly passed by the and of said oof December , A.D. ,l98;,
Given under my hand and notarial seal thisDecember , A.D' 1987.
My Commission Expi res:l-6-89
ILLIN
day
Notary Publ i c
FEICL{L SE.{L.
CARaL M.
ilol y Pulrrr,lll Ctlnistton
i:t;g,14LL'
2iatq ;1 111,,ut,
F :It: - r,'tl
)
)
^"e{,{^-J^, ,.-r!,
un ty,the
ent
'I ic, i
llinoif said
n
d
s
ate afor aid, do her
, a Notary P n an 'for saidy certify t
rson, Inc. ,hT brporati o
t
Vic
and
per
EP sl f Hi ffma Shaffer An
nal ly otvn to m to be the
foreg instr ent as suc
specti
,A s tant Secre ry0 ompany,
i ce Pres i de
me persons o5e names
and Assis
ubscri dto
appe ed before this d ayi person , an
ecre v,
I ed d that
vol unta
a
s
s
t ng
v,
th
er
estS
now
ree
e
n
kfc
hey sl hed nd
act a as e
pur ses t n set for
th e acknow.
af f i x sai d
vol un
and p
I i vered th sai d i nstrum t as thei r wn
ee and vo ntary act of aid Compan for the: and the sai Ass istant cretary d
dge that , as custodi of the co
es and
a'l so th and
orate s ea of sai d c pany,
h
n
r
d
wn fre e
orate seal
act and as
es there'in
a'i d Comp
free and
forth.
to sai d
un tary
trument
of sai d
hi s
ompany,
co fo s
e
an
d
s
t 0 tfor the se p0 s set
Gi ven u
of
er my h;nd and notarial,",]98 /i/
i/
.l{otary Publ i c
26s9921
My Co ssion Expi res:
t17 this day
Co.^o!-- 'l ,"22.'
STATE
-4-
STATE OF ILLINOIS
COUNTY OF COOK
SS
ut en under my hand an d notari al seal this
, A.0. 198r.
)
)
)
I, XEAAY L. :lill-:P. , a Notary publ.i c, in and for sa, dCounty, ln the State aforesaid, do hereby certify that
:1. i.i. J:l_:-S? , Vice Presiden-t-of_CQMMoNI,IEALTH EDISoN CoHpANy, anIllinois corporatior; and lY. J. Gu.iJ::tr , Assistant
Secretary of said company, personal ly knorin to me to be the same persons rthose
names are subscribed to the foregoing instrument as such V.i ce president andAssistant Secretary, respectively, appeared before me this day in person, and
acknouledged that they signed and del ivered the said instrument as their ownfree and voluntary act and as the free and voluntary act of sa.id company, forthe uses and purposes therein set forth; and the sajd Assistant Secretary didalso then and there acknowledge that he, as custodian of the corporate slal ofsaid company, did affix the said corporate seal of said company to said
instrument as his own free and voluntary act, and as the free ind voluntary
act of said company, for the uses and purposes therein set forth,
4-///day
,
Notary Publ i c
5
26,5992L
of
My Commission Expires: OCT 1 0 iSSS
r, \.r.,
STATE OF ILLINOIS
couNTY OF COOK
s-1 c-1qsc\i\, a Notary Public in andfor the sa County, rn the State aforesaid, DO HEREBY
CERTIFY that John E. Shaffer, a general partner of Lake
Grove Venture, an Illinois limited partnership, and MelvinIsenstein,
a general partner of Isenstei n-Pasquinelli Venture, anIllinois general partnership, both of which such partnershipsare the general partners of Buffalo Grove Venture, an Illinoisgeneral partnership, who are personally knot n to me to bethe same persons whose name are subscribed to the foregoinginstrument as such general partners of the respective partnerships,
appeared before me this day in person and acknowledge thatthey signed and delivered the said instrument as their ownfree and voluntary act and as the free and voluntary act ofthe aforesaid Lake Grove Venfure, I senstein-Pasquin;ll i
Venture and Buffalo crove Venture, for the uses and purposes
therein set forth.
GIVEN under my hand and
December, 1987.
Notarial Seal this 3O\\day of
My comnission expires:
B5
S
l -::..'lu
sn-
(t,obo)
Pl€aE rctlrn to J@tr }bqt
Tica TiUe In$rcrEe CcoPanY
69 Hest lbslugton Sk€ei
dr""s;, LG6o, n",62.1-/4too-f l
{r. E 1-
l'co(a .r--i .ir ,)_.
.@'l-
l\, != . ..-.-'., an -4.:\ ,/ --;:'i' = -i:'tf Q
=Itoc--
Ngr
c.'t
iO
ro
N)
6
)
)
)
ata'ra\.\.\.
STATE 0F tlLtNots )
)couNTtES 0F COoK AND LAKE )
l, JANET lt. SIRABIAN, hereby certlfy that I am the
duly elected, quarifred and actrng vTLLAGE GLERK of the vi age
of Euffalo Grove, Counties of Cook and Lake, lllln6is, and the
keeper of lts seal and records.
I hereby further certify that the attached is a true
copy of Reso lut ion No . 8n t< adopred on tne clby' aay or
1932, av the Vi age Board of the Vil tage
of Buffalo Grove as shcnn by the records ln my custody.
lN WITNESS I./HEREOF, I have hereunto set my hand and
'affixed the seal of the Vlllage of Buffalo Grove aforesaid,
at sald Vlllage, in the County and State aforesaid, this M1 " - ,r99.day of
age er
bil/?v
a)
26s9921
elo.
PLOT PLAN
p SCALE: f- 50-0'
�9)
YARD PLAN
SCALE 1"w2CF0-
i
_ 1�� Off.•
PQ
Q APTAKI St 'A\
P Cf. RD,
Bus CH 237 Ka.
2
k
d *w o
LAKE - cooK aD.
ti
6 �14♦��q_T fJ Q �
oyl. fbba`'y� �
4� '•`'� LOCATION PLAN
~� c NO SCALE
ci•
r
0-6
wwwow
n
UTILIZATION SKETCH
FOR PROPOSED T.D.C.
T.D.C. 237 BUFFALO GROVE
X-a AS SHOWNCOMMONWEALTH EDISON COMPANY
DAT/ p I - - ey CHICAGO, II_L
t.
SK. 237— 2 B6
C�.mw abw�eew.o oar.