1987-12-21 - Resolution 1987-63 - APPROVING THE COMMONWEALTH EDISON GRANT FOR PUBLIC ROADWAY (COMMERCE COURT SOUTH OF BUSCH PKWY)RESOLUTION NO. 87 -63
A RESOLUTION APPROVING THE COMMONWEAITH EDISON
GRANT FOR PUBLIC ROADWAY (COMMERCE COURT
SOUTII OF BUSCIi PARKWAY)
WHEREAS, a roadway grant from Comonwealth Edlson ls requlred to
permlt the constructlon and nalntenance of Comerce Court; and,
WHEREAS, the V11lage 18 requlred to approve the requlred grant of
publlc roadway,
NoW, TIIEREFoRE, BE IT RESoLVED by the President and Board of
Tru8teeB of the Vll1age of Buffalo Grove, Cook and Lake Countles' Illlnols,
that the Vlllage Presldent and VLllage Clerk are hereby authorlzed and
dlrected to execute the grant for publlc roadway of which sald agreenent ls
attached hereto and made a part hereof.
AYES: 4 - Marienthal, Glover, Reid, Shields
NAYES: 0 - None
2 - Kowalski-, ShifrinABSENT:
PASSED: December 2l
APPROVED :December 21
ATTEST:
Verna L. Clayton
Vl1lage Presldent
1987
1987
APPROVED:
Lv-'o
QV"*-tn &^,!",
rna4z aLiE
TICOR TITLE INSU.qANCE COI,.IPANY
STATE 0F tLLtNots )
)
COUNTIES OF COOK AND LAKE )
l, JANET H. SIRABIAN, hereby.certify that I am the
duly elected, qualifled and actlng VILLAGE CLERK of the Village
of Euffalo Grove, Countles of Cook and Lake, llllnois, and the
keeper of lts seal and records.
I hereby further certify that the attached ls a true
copy of Resolution No. 17-63 adopted qn thg 21sr 6gy 6;
, l9L, by the Vi I I age Board of the Vil lage
of Buffalo Grove as shovrn by the records ln rry custody.
lN l'TITNESS trHEREoF, I have hereunto set my hand and
affixed the seal of the Village of Buffalo Grove aforesaid,
at said Vl I lage, ln the County and State aforesaid, this 28th
dav of Decenber r o87
December
N)
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N)q)rv\
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la
age er
c?4,
Deputy Clerk
i
By
t 6:?"n
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. ).,
RESOLUTION NO. 87 -63
A RESOLUTION APPROVING THE COMMONWEALTH EDISON
GRANT FOR PUBLIC ROADWAY (COMMERCE COURT
SOUTH OF BUSCH PARKWAY)
I,lllEREAS, a roadrray grant from Coumonvealth Edlson 1s required to
permlt the construction and slaintenance of, Cormerce Court; and,
WIIEREAS, the Vlllage ls requlred to approve the requlred grant of
publlc roadway,
NoW, TI{EREFoRE, BE IT RESoLVED by the presldent and Board of
Trusteea of the Vlllage of Buffalo Grove, Cook and Lake Counties, Illlnols,
that the Vl1lage Preeldent and Vlllage Clerk are hereby authorlzed and
dlrected to execute the grant for publ1c roadway of whlch sald agreement ls
attached hereto and made a part hereof.
AYES: 4 - Marienthal, clover, Reid Shields
0 - NoneNAYES :
ABSENT:
PASSED:
2 - Kowalski, Shifrin
December 21 1987
198 7APPROVED :
December 21
APPROVED :
., ' .4 L- '-a .)t - t. -,,, -+
Verna 1,. Clayton
Vlllage President U
ATTEST:
fn. 8*"1;*
V 111a Clerk
26599237
GRANT FOR PU BLIC ROADI.IAY
THIS INDENTURE l,IITNESSETH, that the Grantor COMMONI.IEALTH EDISON
C0MPANY, an Illinois Corporation, for and 'in consideration of Ten Dollars
($10.00) and other good and valuable consideration to it.i n hand paid, does
hereby give and grant, but yithout yarranty, subject to the reservations,
conditions and provisions herein contained, unto the Grantee, Villaqe of
Euffalo Grove, Lake County, IIlinois, a perpetual easement for the right to
use the property Iegally described as fol Iorrs:
Ney Commerce Court Road
That
114
Th'i r
the
acco
No.
alon
199.
feet
degr
refe
Compof2
30s
ri gh
plac
conv
di st
chor
l.le s t
conv
tang
desc
the
of l^l
mea s
Nort
llay
Sou t
an arc
the
econds
ine
bel ng
nt on
Northwe
Secti orth, Ra
ed as f
part o
of Sect
d Pri nc
thence South 89 degrees 43 m
orth line of Elocks 3 and 4 i
f the Southyest l/4 of'ion 34, Tovnsh ip 43 No
'i pal Meri di an, describst corner of Block 4 i
o the plat thereof rec
n 27 and the Northyest
nge ll, East of the
ol loYs: Commenci ng atio Gardens Subdivi sion
uly 13, 1927 as Document
i nutes 20 seconds East
n sa'id Subdi vi si on,
n Horat
orded Jrdi ng t
203090;gtheN
72 feel 0.75 feet) to an intersection yith theline of the l.{inneapolis St. Paul & Sault
(Deed,20
ght of l.layHesterly Ri
Ste. Mari e Rai Iroad (formerly Chicago and l{isconsin Rai lroad
Company); thence North l8 degrees 38 minutes 55 seconds t{est
along the Hesterly Right of hlay line of said Rai lroad, 329.92(Deed, 328,50 feet) to an angle point; thence North 48
ees 20 minutes 40 seconds Hest along a line hereinafter
rred to as the Northeasterly Iine of the Commonyealth Edison
any Right of l.lay, said Northeasterly line forming an angle
9 degrees 4l minutes 45 seconds (Deed, 29 degrees 40 minutes
econds) from Northerly to Northyesterly rith the l{esterlyt of way line of said Ral lroad, 842.02 feet to a point for a
e of beginning; thence Southvesterly along a curved line
ex Southeasterly and having a radius of 475.00 fe et,e(
3sdl
and
st
poi
ance of 95.64 feet t
d of said arc bears, 95.48 feet); thenc
ex Northresterly, ha
ent to said last des
poi nt of reverse curvatur
h 35 degrees 53 minutes I
uthwesterly along a curve
a radius of 392.00 feet
ed curved Iine at said Ia
oa
Sout
eSo
ving
cri b
ribed point, an arc distance of 116.72 feet to a
Southvesterly line of the Commonyealth Edi son Company Rightay, sa'id Southwesterly line being a line 2,l0.00 feet, as
ured at right angles, Southwesterly of and paral lel vith theheasterly line of said Commonrealth Edison Company Right of
and said point being 484.78 feet, as measured along saidhtlesterly Iine, Southeasterly of the intersection of said
2651_)323
I
-J -J
' Southwester'ly line of the Commonyeal th Edi son Company Right ofl{ay uith a line 2.13 chains 040.58 feet), as measurid ai riohtangles, East of and paral let nith the Hest line of the Southiestl/4 of Section 27, aforesaid; thence North 48 degrees ZO minuiei40 seconds htest along said Southvesterly rine of-the cornnronreiiitrEdison Companl !iStt of t{ay, 62.37 feet'; thence Northeasterli- -
along a curved llne convex Northuesterly and having a radius of452.00 feet, an arc di stance of 'l 1d.28 ieet to a p5int of reversecurvature (the chord of said arc bears North 34 dbgrees l7minutes 09 seconds East, 115.96 feet); thence NortIeasterlvalong a curved line convex Southeasterly, having a radius 6f415.00 feet and being tangent to said list desciibed curved .l ineat said last descri bed point, an arc distance of 95.85 feet tosaid Northeasterly line of the Commonrealth Edison Compani nightof llay (the chord of said arc bears ilorth 35 degrees O2 minut6i20 seconds East, 95.64 feet); thence South 48 d6grees 20 m,i nutes40 seconds East along said Northeasterly line of-the
Commonyealth Edlson Company Right of Hai, 61.42 feet to theplace of beginning, in Lake County, Illjnois.
and shoyn on Exhibit ,,A,,, attached hereto and made a part hereof, for the
fol loving express purposes and for no other purpose express or implied
vrhatsoever:
a. construction .nd ,uintenutn##9J public roadnay in substantial
conformity yith the plan shorn on Exhibit ,,A',, and
and useb. constructi on and mainten ance o curbs and sidewalks on said property
in connection vith said pubilc roaduay, provided that the same shail
be constructed at an elevation and in a manner so as not to.i nterfere
rith Grantor,s ingress to and egress from its adjoining property by
vehicle or otheryise.
Grantor hereby reserves unto itself, its grantees, Iicensees,
lessees, successors and assigns, the unrestricted right for ingress to and
egress from and cornmunication betveen Grantor,s adjoinj ng properties and for
installation, operatlon, maintenance, reneval and removar of its or their
facilities upon, over and under the surface of the property described above,
as it or they shall see fit insofar as such uses are compatible vith the
improvements shoyn on Exhi bi t ,,A,'.
265.99?3
Ll
2
Grantee agrees and shall require its contractor or contractors,
whenever they are working on, over and across said property, to furnish Edison
vith evidence of lnsurance coverage as specified in the "Insurance Rlder,,
attached hereto.
Grantee and/or its contractor sha'l l, prior to entering Edison,s
Property for the purpose of this lnitlal construction of sald roadway, provide
Edison vith an Ovners', Landlords' and renants' Liability Insurance po1 icy as
specified in the "Insurance Rider,' attached hereto.
Grantee shall comply nith all applicable environmental statutes,
ordinances, rules, regulations, and orders (hereinafter referred to as
"Standards") issued by any federal , state or Iocal environmental agency
relating to Grantee's use of Grantor's property hereunder. Such standards
encompass, but are not limited to, those concerning air, rater, noise, solid
yastes, hazardous substances, and hazardous rrastes. Grantee shall not use
waste oil as a means of suppressing dust on gravel roads or anyrhere else on
Grantor's premises. Grantee shall reimburse Grantor for all costs incurred by
Grantor includlng, nithout Iimitatlon, fines and penalties imposed for
violation of Standards and the actual expense of correcting the actual or
alleged violation. Grantee shall assume llability for and shall indemnify and
hold Grantor harmless from any claim or violation of Standards Hhich results
from Grantee's use of Grantor,s premises.
Grantee, at its cost, shall assume the defense of all claims of
v'iolation of the Standards, regardless of yhether they are asserted against
Grantee or Grantor, except claims resulting from Grantor,s sole negligence,
Notv'i thstanding the expiration or terminat'ion of this agreement, Grantee shall
3
t$s$923
{_
remain liable for all costs provided for herein, and shalI further remajn
obligated to defend, indemnify and hold Grantor harmless for any and all
violations or alleged v'lolations of Standards vhich occurred or were caused
during the actual term of this agreement.
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 faciIities of Grantor, and Grantee agrees not to plant any
trees on or near Grantor's property, uhich can gror into the facilities of
Grantor.
As a further consideration for this grant, Grantor and or its public
util'i ty successor shalI not be assessed for any improvements to be constructed
pursuant hereto as a local improvement project or othervise charged for the
cost of such improvement.
IN HITNESS I{HEREoF, Grantor has caused this instrument to be executed
on thi s
ATTEST:
-RL /0, ddy of JJrleary , A.D. l9?8.
, COMMON}IEALTH EDISON COMPANY
By
Vl ce i dent
era.#
ant Secretary
The foregoing grant is hereby accepted upon the terms and conditions
sti pul ated therei n.
VI LLAGE F EUFFALO GROVE
?r,<-LB2fi5f )323 P.e€rF--Fo.
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Please r€turn to ,,IGn lborc
Ticor Ti e fnsrralrce Cqanv
09 West Vhsirir8ton StrceL
chicaso, I- 60602 Fe: Nt,l-lUtA-l 1 b
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:8urii,*,
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8y
Presi dent
STATE OF ILLINOIS
€OUNTY'OF COOK
)
)
)
spect'ively, ap peared
that they signed and
ntary act and as the
purposes therei n set
SS
subscri bed to
Secretary, re
acknovl edged
free and vol u
the uses and
I, l{a:RRYL. ?INKER , a Notary public, in and for said
County, in the State aforesaid, do hereby certify that
il. ll.;.ri-,-.,',/ , Vice President of CoMMoNHEALTH EDISoN C0i,iPANY, anIllinojs corporation, and U. I ;f.:t'., - , Assistant Secretary of
said company, personal Iy knorrn to riri to be the same persons vhose names are
the foregoing instrument as such Vice Pres'ident and Assistant
before me this day in person, and
del lvered the sald lnstrument as their oyn
free and voluntary act of said company, for
forth; and the said Assistant Secretary did
at he, as custodlan of the corporate seal of
orporate seal of said company to said
untary act, and as the free and voluntary
and purposes therein set forth.
G'iven
JJnu'.?/,
under my hand an /t
also then and there acknoyledge th
said company, did affix the said c
instrurnent as his oyn free and vol
act of said company, for the uses
4,
of
.rn? , ^ r\.l.!Ur, I I - IYOJ
N tary Publ ic
My Commission Expi res :
STATE OF ILLINOIS ))ss
couNTY 0F cooK )
I, CARoL M. TENERELLT , a Notary public, in and for said
County, in the State aforesaid, do hereby certify that VERNA L. cLAyroN
personal ly knovn to me to be the President
Grove, and JANET M, STRABTAN
be the Clerk of said Village, both of rhom are
be the same persons yhose names are subscribed to
egoing instrument as such President and Clerk,
ay ln person and acknoyledged that they signed and
d notarial seal thi s, A.D. r9rr.
1
for and on behalf of said Village and caused the
Ilage to be affixed thereto as their free and
free and voluntary act of said Village for the uses
forth, pursuant to a vritten resolution duly passedand purposes therei n set
of the Village of Euffa)
personal ly knorn to me t
personal ly knorn to me t
the acceptance of the fo
appeared before me thi s
deli vered such acceptanc
corporate seal of said V
voluntary act, and as th
o
o
o
r
d
e
,l
e
by the President and Eoard of Trustees of said Village 61 ffis 21st dayOf December , A.O. 19 8Z
Given under my hand and notDecenrber , A.D. 19 8
ari al
7.
seal thi5 21st il.\
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C.l)
ay
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rrt
Notary Publ i c
,\ -/
"oFFicrAL sEALt
CAROL M. TEI'IsR{LL} T
llotary Public, State cf llliSis
l,'ly Commission Expires 3/6/39
(:)
<o
Hy Commission Expi res:3/6/8e
5
]
of
INSURA,YCE RIDER
Grantee agrees to requlre lts contractor, before cormenclng the rork of1nstall1ng, repalrlng, repJ.aclng or reoovtng the FacllIty, to purchase andmarntaln, or at the oprlon of Grantee co rrserf purchase and E;tntain, at thecost of Grantee or lEa cooEractor, a porlcy or policres of lnsurance issuea bygood and responslble lnsurance conpanles and tn a fora saElsfacEory to GranEoras follous:
1.)l{orker8r Coopensatlon Insurance pollcy: Coverage A _ Topay promptly when due all coEpensatlon and other beneflterequlred of the lnsured by the ,torkers, coopensatlon l-ar.Coverage B - Enployers, Llablllty: To pay otr behalf of thelnsured wtth llElrs not less than $5OO,O0O eachaceident /oecurrence all sulls whlch the lnsured shall beconelegally. obllgated t.o pay as dauages because of bodllylnjury by accldent or dlsease, includtng death at auy tlneresultlng EherefroE. Coverage A and Coverage B l,ll.L coverall contractors, subcontractors, and thelr subcoutractor8;
aod
Cooprehenslve General Llablllty pollcy or pollcles eoverlngall contractors, subcontracEors and all thelr subcoo-tractors slth llnlts not lesa than the cooblued slnglellnlt of i3,000,000 for bodlly lojurles ro or dearh of oneor Eore persons and/or property daoage sustalned by one orEore organlzatlous as a result of any one occurreoce, uhlchpollcy or pollcles shall not exclude property of Grantor.Connoneealth Edlsoo Coapany, as Grautor, shall be added aeAddltlooal Insured under endorseEent CL 2OlO. BodilylnJury neana bodlly lnjury, slckoess, or dlsease sustaloedby aoy persoo rh.tch occurs durlug the pollcy perlod,lncludlag death, aE any tlne resulElng Eherefiou. property
damage neans (1) physlcal lnjury to or destructlou oftauglble property rrhlch occura durlng t.he pollcy pertod,lncludlog the losa of use thereof at any tiae reautttngtherefroo, or (2) loss of uee of taoglble property chlchhas uot been physlcally luJured or destroy;d provlded euchloss of uee 1g caused by an occurrence duilug the pollcyperlod.
There shaLl. be furnlshed to Crantor, prlor to comeoclng the sork oflnstalllng, repalrlng, replacing or r;Dovlng the tractll;y, a certlfled copy ofeach pollcy of insuraoce or a certlfrcale oi rr,",rraoce l8aued purauan! !o therequlrenents contatned lo aubparagraphs (l) and (2) of thle p"l"gr"lh.Inguraoce coverage ae requlred heieln 1o
-subpa
rag raphs (1) and 1I1 straf:. Uekept lu force untll all sork. has beeo coopleied. Declaratrons rn each of saldpollcles shall ldeotlfy lhe uork as belng doae by and for ottrera oi properryorned by crantor aod there shalr be no eicrusloni io any of aatd policiee ootapproved by Grantor.
z.)
2653923
n