1989-05-22 - Resolution 1989-27 - APPROVING THE COMMONWEALTH EDISON GRANT FOR PUBLIC ROADWAY (APTAKISIC RD EAST OF BUFFALO GROVE RD)RESOLUTTON N0. 89- 27
A RESOLUTION APPROVING TIIE COI.'}.IOMITALTH EDISON
CRANT FOR PUBLIC ROADIIAY (APTAKISIC ROAD EAST
OF BUTFALO GROVE ROAD)
$IIIEREAS, a roadway grant from Comonwealth Edtson ts requtred to
pernlt the construct{on and malntenance of Aptaktslc Roadl and,
I,IIIEREAS, the vlIlage 1s required to approve the requtred grant
of publtc road\ray,
NoI.,, THEREroRE, BE IT RESOLVED by the Presldent and Board of
Trustees of the Vtllage of Buffalo Grove, Cook aDd Lake Countles, I1ltnots,
that the Vtllage Presldent and Vtllage Clerk are hereby authortzed and
dltected to execute the grant for publtc roadway of whtch satd agreeoent Ls
attached hereto and nade a part hereof.
5 - Glover. Reid. Shifrin. Mat hias. o I MalleY
0 - None
AYES:
NAYES :
ABSENT:
PASSED:
1- Marienthal
lltav 22 1989
1989
APPROVED :
Ve rna L. C ayton
Vtllage Prestdent
A?PRoVED: Mav 22
ATTEST:
Yn &.!""*
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GRANT FOR PUBLIC ROADI4AY I{IDENING
THIS INDENTURE l'IITNESSETH, that the Grantor CoMMoNI,,IEALTH EDISoN
C0MPANY, an Illinois Corporation, for and 'in cons'ideratjon of Ten Dollars
($10.00) and other good and valuable consideration to it in hand paid, does
hereby give and grant, but vithout varranty, subJect to the rights previous'ly
granted by Grantor to North Shore Gas Company and Illinois Bell Telephone
Company yhich have installed equipment in Grantor's Right of Xay at this
location, and subject to the reservatjons, condi tions and provisions herein
contained, unto the Grantee, the Village of Buffalo Grove, Lake County,
Illinois, a perpetual easement for the right to use the property legally
descri bed as fol I ows :
The South 14 feet of the North 54 feet of the following
described property: 0f that part of the Northyest Quarter of
the Northyest Quarter of Section 28, Tovnship 43 North, Range'I I, East of the Third Principal Meridian, descri bed as folloys:
Commencing at the Northuest corner of sald Northyest Quarter of
the Northvest Quarter; thence North 89 degrees 47 minutes 30
seconds East, along the North line of said Northyest Quarter of
the Northyest Quarter, 248.965 feet to the point of beginning;
thence South 48 degrees I2 minutes l0 seconds East, 235,52 feet;
thence South 4l degrees 47 minutes 50 seconds; l,lest, 365.75 feet,
to a point on the East line of the l{est l8l .00 feet of said
Northwest Quarter of the Northwest Quarter; thence South 0
degrees 0l minutes I7 seconds l.lest, along said East line of the
l,lest lBl .00 feet, to the Centerline of the Creek commonly known
as Aptakisic Creek; thence in a Southeasterly direction along
the center'l ine of said creek, to a point on the South Iine of
said Northwest Quarter of the Northyest Quarter; thence North 89
degrees 43 m'i nutes 05 seconds East, along said South l,i ne, to the
Southeast corner of said Northwest Quarter of the Northyest
Quarter; thence North 0 degrees 04 minutes 25 seconds Nest, alongthe East line of said Northnest Quarter of the Northyest Quarterl712.58 feet; thence North 48 degrees l2 minutes l0 seconds l,,lest,9i6.40 feet, to a point on the North line of said Northyest
Quarter of the Northwest Quarter; thence South g9 degrees 47mjnutes 30 seconds ilest, a'long said North ljne, 398.54 feet tothe point of beginning, and including any ad.iaient unjncor_porated highvay, situated jn Lake County, Iliinois.
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and shoyn on Exhibit "A", attached hereto and made a part hereof, for the
fol lowlng express purposes and for no other purpose express or implied
uhatsoever:
construction and maintenance of widening a public roadyray,
and
a
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Grantor hereby reserves unto itself, 'i ts grantees, Iicensees,
lessees, successors and assigns, the unrestricted right for ingress to and
egress from and communicat'ion betneen Grantor's adjoining properties and for
installation, operation, maintenance, renewal and removal of its or their
facilities upon, over and under the surface of the property descri bed above,
as it or they shalI see fit insofar as such uses are compatible yith the
'improvements shoun on Exhi b'i t "A".
Grantee agrees and shall requ'i re its contractor or contractors,
vhenever they are working onr over and across sa'id Property, to furnish Edison
with evldence of insurance coverage as specified in the "Insurance Rider,,
attached hereto.
Grantee agrees to re'imburse Edison and its grantees, or Iicensees for
any expense incurred in protecting or rearranging its facilities due to the
'i nitial installation of the road widen,i ng, curbs and sidewalks.
2
construction and maintenance of curbs and sidenalks on said
property in connection w'i th said public roadway, provided
that the same shall be constructed at an elevation and in a
manner so as not to interfere nith Grantor's ingress to and
egress from its adjo'i ning property by vehicle or otherwi se.
Grantee sha11 comply rith alI applicable environmental statutes,
ordinances, ru1es, 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, yater, noise, solid
rastes, hazardous substances, and hazardous vastes. Grantee shalI not use
waste oil as a means of suppressing dust on gravel roads or anywhere else on
Grantor's premises. Grantee shall reimburse Grantor for alI costs incurred by
Grantor including, yithout Iimitation, fines and penalties imposed for
violation of Standards and the actual expense of correcting the actual or
a1 Ieged violation. Grantee shalI assume Iiabillty for and shall indemnify and
hold Grantor harmless from any claim or violation of Standards vhich results
from Grantee's use of Grantor's premises.
Grantee, at its cost, shall assume the defense of all claims of
vlolation of the Standards, regardless of whether they are asserted against
Grantee or Grantor, except claims resulting from Grantor's sole negligence.
Notvithstanding the expiration or termination of this agreement, Grantee shall
remain liable for alI costs provided for hereln, and shall further remain
obligated to defend, indemnify and hold Grantor harmless for any and all
violations or alleged violations of Standards nhich occurred or yere 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
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maintenance of said faciIities of Grantor, and Grantee agrees not to plant any
trees on or near Grantor's property, yhich can gror into the facilities of
Grantor.
As a further consideration for this grant, Grantor and oli ts public
utility successor shall not be assessed for any improvements to be constructed
pursuant hereto as a Iocal improvement project or otherrise charged for the
cost of such i mprovement.
IN HITNESS I{HEREoF, Grantor has caused this instrument to be executed
on this day of , A.D. 19
COMI.'ONI4EALTH EDISON CO}4PANY
By
ce Presi dent
ATTEST:
Assi stant cret r v
The foregoing grant is hereby accepted upon the terms and cond'i tions
sti pul ated there i n.
VILLAGE OF BUFFALO GROVE
By
Vi I I age Presi dent
ATTEST:
,i,Tn 8-r1,.-*
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STATE OF ILLINOIS )' )ss
COUNTY OF COOK )
I, hErtlYlr. IINKEB , a Notary public, .i n and for said
County, i n the State aforesai d, do hereby cert'i fy that P.r. ,vtANr'rrxq
e to be the same persons whose names are
ent as such Vi ce Presi dent and As s i stant
efore me this day in person, and
elivered the said instrument as their own
ree and voluntary act of said company, for
orth; and the said Assistant Secretary didt he, as custodian of the corporate seal of
instrument as his own free and voluntary act, and as the free and voluntary
act of said company, for the uses and purposes there'i n set forth.
_ Given under my hand an I tt't day
i ng i ns
I I I inoi s corporati on, in
sai d company, personal Iy
subscri bed to the forego
Secretary, respecti ve1y,
acknowl edged that they s
free and voluntary act a
the uses and purposes th
al so then and there ackn
Vice President of CoMMoNI^IEALTH EDISoN CoMPANY, anRAMFI , Assistant Secretary ofd w.L
knorln
d corporate seal of said company to sajdsai d company, did affix
appear
i gned a
nd as t
erei n s
it
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thaow1 ed ge
the sai
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A.D. t9etof
of
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My Commi ssi on Expires:/,s,/e,<-
,-- maary Pr.rblic
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STATE OF ILLINOIS )
)SS
COUNTY OF )
Coc
|,?oZxrn FZCq-O , a Notary Publlc, in and for said
unty, in the State aforesaid, do hereby certify that y'EElA
l/gyn/ , personally known to me to be the President of the
VILLAGE 0F BUFFALo GR0VE, and dnilrl 5/e/4r/,e/ , personally knovn to
me to be the Clerk of said Vi11age, both of whom are personal ly known to me to
be the same persons vhose names are subscni bed to the acceptance of the
nt and Cl
acknowl edg e that they signi n pers
and on
be affi
vol unta
pursuan
Trustee
ed a
the
ntar
s an
uly passed
trument as such Presideng i ns
on and
foregoi appeared before me this dayerk,
nd de
age andr free a
of said V
xed thereto as tbehal f
age for
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corpoy act
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by th
ay of
I i vered such acceptance for
rate seal of said Village to, and as the free and
poses therein set forth,ry actttoa
s of s
of sai d V
tvri tten r
aid Villag e on the ,99 r/ d
e Presi dent and,nr/
this e./ d
Board of
, A.o. 19f1.
dayGiven under my hand and not4rial sealmn/ , A.O. rsfr.
Notary Public
(OFF'ICL{L SEAL'
ROBERTA FREED
llotary Pcbric, Statr o, lltillols
H, Commhsio0 F gi.6 3/3/92
My Commission Exp i res:a/z /qa
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INSURANCE RIDER
Grantee agrees to requlre lts contractor, before comenclng the sork of
lnstalllng, repalrlng, replaclng or reuovlng the Faclllty, to purchase and
malntalo, or at the optloo of Graotee to ltself purchase and Ealntaln, at the
cost of Grantee or lts cootractor, a poll-cy or pollcles of lnsurance lssued by
good and responslble lngurance coopaoles and in a forn satlsfactory to Grantor
as f ollorrs:
) i{orkera' Conpeosatlon Insurance Pollcy: Coverage A - To
pay proEptly rhen due all conpensatlon and other beneflts
requlred of the lnsured by the eorkers' conpeosatlon lau.
Coverage B - EEployers' Llablllty: To pay on behalf of the
lnsured slth llnlts oot less than $500,000 each
accldent /occurrence all suns whlch the lnsured shall beconelegally obllgated to pay as dauages because of bodlly
lnJury by accldent or dlsease, lncludlng deaEh at atry tlneresultlng therefroo. Coverage A and Coverage B slll cover
al1 contractore, aubcontractors, and thelr subcontractora;
and
2.) Cooprehenslve General Llablltty Pollcy or pollcies covering
all contractors, subcootractors and all thelr subcoa-
tractors slth llolls not less than the conblned slnglellolt of i3,000,000 for bodlly lnjurles ro or dealh of oneor aore persons and/or property daoage sustalned by one or
rlore organlzatlons as a resuLt of auy one occurrence, rhlch
pollcy or pollcles shall not exclude property of Grantor,
Connonwealth Edieoa Coopaoy, as Grantor, sha1l be added as
Addltlonal Insured uoder endorsenent cL 2010. Bodllylnjury oeans bodlly lojury, slckness, or dLsease sustalned
by any person shlch occurs durlog the pollcy perlod,
lncludlng death, at aoy tloe resultlog therefroo. property
danage neans (l) physlcal lojury to or destructloa oftanglble property rrhlch occurs durlng the pollcy perlod,
lncludlng the loss of use thereof at any tloe resultlng
therefroo, or (2) loss of use of tanglble property chlch
has uo! been physlcal.ly lnlured or destroyed provlded suchloss of use ls caused by an occurrence durlng the pollcyperlod.
There shall be furntghed to Crantor, prlor to conoenclng the uork oflnstalling, repalrlng, replacing or reaovlng rhe faclllay, a certlfled copy ofeach pollcy of lnsurance or a certlftcate oi rnsuraace lssued pursuanE to lherequlreoeuts contalned ln subparagraphs (1) and (2) of thls p";;g;;;: -'
Insuratrce coverage as requlred herelo to subparagraphs (f) a;d 1I1 sfraff Uekept ln force untll a.ll cork has beeu corpleied. Declaratlons ln each of ealdpollcles shall ldentlfy !t :o:I as belog'done by aod for otter" oi-p.oie"tyorned by cranEor and rhere sharr be no eiclustons ln any of sara poriiilJ notapproved by Grantor,
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