1989-10-16 - Resolution 1989-49 - APPROVING THE COMMONWEALTH EDISON GRANT FOR PUBLIC ROADWAY SUBSURFACE FACILITIES AND CONSENT (CHURCHILL LANE)v e54$401
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:J iiiiT -8 lli 4, 23STATE OT ILLINOIS
COI'NTIES OF I.IKE AIID COOK
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V111a8e Clerk
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By
Deputy V1I ClerL
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I, JANET U. SIRABIAII, hereby cerrlfy thar I an the duly
elected, quallfled aad sctlDg V1l1egc Clerk of the Vlllagc
of Buffalo GrovG, Couutlca of Cook aad Lake, Illluoia, and
the keeper of lta eeal aad recorda.
I hereby further certlfy thst the attached 18 aB
true copy of Resolutlos 89-49 adopted oB thc l5rh day
of october ,.!![, by the Vlllage Board of the
Vlllage.- of Buffalo crove e8 ahorn by the records ln ny
custody.
IN I{ITNESS !{EEREoE, I have hereuoro set ruy hand aod
afflxed the Beal of the Vl.llage of Buffalo Grove aforeeald,
at the Vl11age, 1o the Coutrty aad State aforeeald, thla
rgrh day of October , 1989.
RESoLUTIoN ):O. 89-49
.{ RESOLUTION APPROVINC THE CO}fl{OTIWEALTH EDISON
GRANT TOR PUBLIC ROADWAY, SUBSURFACE TACIL1TIES
AND CONSENT (CHURCHILL LA,NE)
I!'IIEREAS, an agreement lrlth Commonweelth lidison is required topermit the construction and maintenance or certain improvements ser\.ing
Churchill Lane.
h'itEREAS, the Village is requlred ro approve the requlred
agreement.
NoW, THEREFoRE BE IT RESoLVED b.,r rhe PresLdenr and Board of
Trustees of the Village of Buffalo crove, Cook and Lake Countles, Illlnois,that the Vlllage President and Village Clerk are hereby aulhorized and
dlrected to execute the agreenent of \,rhlch sald agreenent is attached
hereto and nade a part hereof.
AYES:
I'IAYES :
ABSENT:
0 - None
0 - None
PASSED:
APPROVED :
0cto er 16
0ctober I6
, 1989
,1989 tb4:1.i01
APPROVED :
Presicient
vi1 age-
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er
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oR-D89: RESOLUTION / CHURCH ILL LANE
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6 - Marienthal, Glover, Reid. Shifrin. Marhias. orMFt'lpl.,
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.\ITEST:
COMPANY, an
($10.00) and
GRANT FOR PUBLIC ROADI.IAY
SUB-SURFACE FACILITIES ANd CONSENT
THIS INDENTURE I.IITNESSETH, thAt thE GTANTOT COMMONI,IEALIH EDISON
Illinois Corporation, for and 'i n consideration of Ten Dollars
other good and valuable consideration to'i t in hand paid, does
and grant, but rJithout warranty, and subiect to the reservations,hereby gi ve
cond i ti ons
BUFFALO
use the
as shown on the drawings, prepared by Cowhey, Gudmundson,
Drawings pages 3, 6 and 1I of 14, dated f,lay 3l , 1988, and
and provi sions herein contajned, unto the Grantee, VILLAGE 0F
GR0VE, Lake County, Il'l inois, a perpetual easement for the right to
property I egal ly descri bed as fol I ows:
BRANDYhYN LANE
That part of the East Half of Section 20, Township 43 North,
Range ll, East of the Third Principal Meridian, described as
follows: Commencing at a point in the Nest 'l ine of the East
66.00 feet of the Southeast Quarter, which is 350.9,I feet North
of the South line of said Southeast Quarter, sdid point bejng
the Southwesterly line of a 210.00 foot diagonal strip of land;
thence North 47 degrees 56 minutes 38 seconds hest Northl{esterly
along the Southwesterly line of said 210.00 foot strip of land,
a distance of 1,671 .74 feet to a point on the Southeasterly
riqht of rvay line of Brandywyn Lane, dedicated by Churchill Lane
Unit'l , being a Subdivision in sajd Section 20, recorded as
Document No. 2785387, in Lake County, Il'l inois, being also the
point of beginning; thence continuing North 47 degrees 56
minutes 38 seconds l^lest along the Southwesterly line of said
210.00 foot strip of land, a distance of 80.00 feet; thence
North 42 degrees 03 minutes 22 seconds East, a distance of
210.00 feet to a point on the Northeasterly line of said 210.00
foot strip of 'l and (measured at right angles to the Southwesterly
diagonal line) and also the Souther'ly line of the Noodlands at
Fiore Unit .l1, be'i ng a Subdivision of said Section 20, recorded
as Document No. 2704013, in Lake County, Il'l inois; thence South
47 degrees 56 minutes 38 seconds East, a distance of 80.00 feet
along the Northeasterly line of said 2.l0.00 foot strip of Iand
(measured at right angles to the Southvesterly diagonai line)
and said South line of the l^loodlands at Fiore Unit ll: thence
South 42 degrees 03 minutes 22 seconds l^lest, a distance of
2i0.00 feet to the place of beginning.
Leder, Ltd. ,
I ast rev'i sed June 8
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FIRST: Grantor hereby reserves unto itself, its grantees, l icensees,
lessees, successors and assigns, the unrestricted right for ingress to and
egress from and communication between Grantor's adjoining properties and for
instalIation, operation, maintenance, renevral and removal of jts 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 with the
improvements as shoun on the Exhibit "A" drawings.
SEC0ND: Grantee shal I contact J.U. L. i. E. on tel ephone number
l-800-892-0123, prior to the start of any construction of said Facjlity.
Grantee further agrees to notify Grantoli n vriting at Ieast forty-eight (48)
hours in advance, except in case of emergency and in case of routine inspection
and operation, before enteri ng 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 desjres; said prior notice shall be directed to Grantor's
Division 0perating l.lanager jn Northbrook, Illjnois, on telephone number (312)
291-3,l00, or such other person designated by Grantor, and Grantee agrees that
any work in said property shall be done to the satjsfact'ion of said represen-
tative or representatives of Grantor, and Grantee further agrees, upon request,
to reimburse Grantor for the service of such representative or representatives.
THIRD: Grantee agrees that said Facility vill be installed jn
Grantor' s property i n stri ct conformi ty wi th sai d Exhj bi t "A" drawi ngs ,
attached hereto. Any proposed changes in said plans, before or after
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3
instal Iation, shal1 be submi tted to Grantor
Yri tten
for i ts ,,,lri tten
work shall be commenced until such approval has been
FOURTH: Grantee agrees to require its contractor,
the work of install'i ng, repairing, replacing or removing the
purchase and maintain, or at the option of Grantee to itself
majntain, at the cost of Grantee or its contractor, a poficy
insurance issued by good and responsib'l e insurance compani es
sati sfactory to Grantor as follows:
approval and no
obtai ned.
before commenci ng
Facility, to
purchase and
or pol i ci es of
and in a form
2
l{orkers' Compensation Insurance Policy: Coverage A - To
pay promptly when due all compensatjon and other benefits
required of the insured by the workers' compensation law.
Coverage B - Emp'loyers' Liability: To pay on behalf of the
insured with l imits not less than $500,000 each accident
/occurrence all sums which the insured shall become legally
obl igated to pay as damages because of bodily injury by
accjdent or disease, inciuding death at any time resultjng
therefrom. Coverage A and Coverage B will cover a'l 'l
contractors, subcontractors, and their subcontractors; and
Comprehensi ve General Li abj 1 i ty Pol i cy or Poi ici es coveri ngall contractors, subcontractors and ai l their subcon-
tractors wi th I im'i ts not less than the combi ned si ngl eIimit 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.
Commonweal th Edison Company, as Grantor, shal'l be added as
Additional Insured under endorsement GL 2010. Bodily
injury means bodi 1y injury, sickness, or disease sustained
by any person vhich occurs during the policy period,
including death, at any time resultjng therefrom. Property
damage means (l ) physical injury to or destructjon of
tangi bl e property wh ich occurs duri ng the pol i cy peri od,
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 pol'i cy
peri od.
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There shall be furnished to Grantor, prior to commencing the ryork of
'i nstalling, repairing, replacing or removing the Facility, a certifjed copy of
each policy of jnsurance or a Certificate of Insurance issued pursuant to the
requirements contained in subparagraphs (l) and (2) of this paragraph.
Insurance coverage as required herein in subparagraphs fi) and (2) sha'l 'l be
kept in force unti'l all work has been completed. Declarations in each of sa.id
policies shalf identify the rvork as bejng done by and for others on property
ouned by Grantor and there shall be no exclusions in any of said poi'i cies not
approved by Grantor.
FIFTH: Grantee agrees that its contractor or contractors shall not
install any Iighting standards on Grantor's Right-of-Nay, and that no
equipment higher than fifteen (.I5) feet in height above existing grade shall
be used on Grantor's property. No blast'i ng will be done.
SIXTH: Grantee agrees and shall require its contractor or
contractors to correct any drainage problems arising, whether as a result of
Grantee's use of Grantor's property or otherwj se, and further agrees that no
manholes, inlets or fire hydrants vilI be installed on Grantor's property,
unless expressly agreed in writing by the parties.
SEVENTH: Grantee agrees to reimburse Grantor and its grantees,
lessees or ljcensees for any expense jncurred in protect'ing or rearranging
their facilities due to the installation, operation, maintenance or removal of
sai d facilities.
EIGHTH: In addition to any extraneous agreements, contracts or
understandings that the Grantee would have concerning any of the 0n-Si te or
0ff-Site Improvements associated with the Developer or Subd'ivider of this
Project, Grantee agrees that with its execution of this agreement, which
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5
Facility is a part of the Off-Site Improvements to this Project, that it has
taken and assumed al l liabilities and responsi bi I i ti es associated lvjth, caused
by, connected wi th or in any way attri butable to the construction and
placement of said Facility ds located 'in the Property of Grantori n advance of
Grantee's acceptance or f inal jzat'ion of the On-Site or 0ff-Site Improvements
assocjated vjth this Project and its Deve'loper or Subd'ivider.
NINTH: Grantee shal I comp)y wi th al I appl i cabl e env ironmental
statutes, ordinances, rules, regulations, and orders (hereinafter referred to
as "Standards") issued by any federal , state or local env'i ronmenta'l agency
relating to Grantee's use of Grantor's property hereunder. Such Standards
encompass, but are not 'l imited to, those concerning air, water, noise, sol'i d
l.lastes, hazardous substances, and hazardous !,astes. Grantee shall not use
waste oil as a means of suppressing dust on grave'l roads or anywhere else on
Grantor's premises. Grantee shall reimburse Grantor for all costs incurred by
Grantor including, without I imjtation, fines and penalties imposed for
violation of Standards and the actual expense of correct'i ng the actual or
a1Ieged violation. Grantee shalI assume Iiabifity for and shaiI 'i ndemnify and
hold Grantor harmless from any claim or violation of Standards which results
from Grantee' s use of Grantor' s premi ses.
Grantee, at its cost, shall assume the defense of all claims of
violation of the Standards, regardiess of tvhether they are asserted against
Grantee or Grantor, except claims resulting from Grantor's sole negl'igence.
Notvi thstandj ng the exp'i rati on or termi nati on of thi s agreement, Grantee sha l I
remain liable for ail costs provided for herein, and shall further remajn
ob'l igated to defend, indemnify and hold Grantor harmless for any and ail
violations or a'i leged vjolations of Standards which occurred or were caused
during the actua'l term of th'i s agreement.
0
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TENTH: Grantee shal'l indemnify and save harmless the Grantor, its
officers and employes, from al l claims, Iitigation and liab'i lity 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, ori n any way attributable to,
the rights herein granted or Grantee's failure to comp'ly with any of the terms
or conditions hereof. Grantee shall undertake the defense of Grantor, its
officers and employes in any such Iitigation, if Grantor requests Grantee to
do so.
ELEVENTH: Grantor shall not be liable to Grantee for damage to the
Facility due to the installation, operation, maintenance or removal of any
present or future faci'l ities of Grantor in Grantor's property.
TNELFTH: Grantee agrees to obtain at jts sole cost and expense such
permits, licenses or other authority which may be required from the County of
Lake, State of Illinois, and any other authori ties having jurisdiction, before
using said premises for the purpose herein proposed and agrees to comply with
and strictly observe any and all lavs, rules, statutes and regu)ations of any
such authori ti es.
THIRTEENTH: 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 rvith which the Facility will in any manner interfere, Grantor shall
deliver to Grantee a written notice describing such proposed use and stating
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1
that said Faci1ity vi II interfere with such proposed use. ,,,1i th the notice
shall be an estimate of any addi tional costs 'incurred by Grantor if its
proposed construction is altered to avoid or minjmize 'i nterference with the
Faci1ity. Grantee shal1, at its cost and expense, commencing ninety (90) days
after rece'ivjng such notice from Grantor, (l) make such changes 'i n said
Facility as'i n the judgment of Grantor may be required to avoid or minimize
such interference, including relocation of the Fac'i I'i ty to another location
designated by Grantorin its property or (2) notify Grantor vrithin twenty
(20) days of receipt of such notice, that it elects to reimburse Grantor for
sai d addi tional cost.
F0URTEENTH: Any electrolysis mitigating methods or equipment used in
connection !r'i th Grantee's Faci l iti es shal l be coordi nated wi th methods or
requirements of Grantor and Grantee agrees to provide and insta'l 'l , at its so'l e
cost and expense, such equ'ipment as may be necessary to mitigate any
electrolysis caused by the presence of said Facilitjes in Grantor's property.
FIFTEENTH: Grantee agrees to pay 6rantor, its grantees, licensees,
'l essees, successors or assigns, for any and all damage and expense which they
or any of them, may sustain or be put to because of damage to any property of
Grantor, i ts grantees, Ii censees, I essees, successors or assi gns, incl uding
but not by way of I im'i tation, damage to crops, fences, pasture lands or
livestock, on account of the instal lat'ion, operation, maintenance, repair,
replacement or removal of the Facility and Grantee agrees, upon completion of
said work to replace all back filling material and surfacing material in a
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I
neat and l,orkmanlike manner and to leave Grantor's property in a neat, clean
and orderly condition, 'i ncluding the restoration of top soil to its original
depth uhere tillable soil existed prior to insta'l 'lation of said Facility and
restoration of the ground to 'i ts originai elevation. Grantee agrees that
there shal'l be no impairment of natural drainage or of installed drainage
faciIities occasioned by the construction, installation, repa'i r, replacement,
maintenance, operation or removal of the Facility.
SIXTEENTH: 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 facilities of Grantor, and Grantee agrees
not to plant any trees on or near Grantor's property, which can grow into the
fac i lities of Grantor,
SEVENTEENTH: Grantee covenants and agrees that it will not permit or
suffer any lien to be put upon or arise or accrue against said premi ses in
favor of any person or persons, individua'l or corporate, furnishing either
labor or materjal in any vork herein proposed; Grantee further covenants and
agrees to hold Grantor and sajd Premises free from any and a'l I 'l iens, or
rights or claims of Iien 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. All contracts and agreements that may be
made by Grantee relating to any uork herein proposed, shall expressly state
that the jnterest and reversion of Grantor in and to said premi ses shall be
wholly free from and not subject to any lien or cla'im of any contractor,
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9
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subcontractor, mechanic, materialman or laborer, whether based upon any law or
regulation of the State of Illinois, or any other authority, now in force or
hereafter to be enacted, and Grantee a'l so hereby covenants and agrees that it
}{iII not enteli nto any contract for such work which shall not 'i n express
terms contajn the aforesaid provisions.
EIGHTEENTH: Said Facilities shall be constructed across Grantor's
property jn such a manner as to uithstand heavy vehic'l e equipment traversing
Grantor's property.
NINETEENTH: Upon complet'ion of the construction, instal lation,
laying or placing of said Facilities, Grantee shall thereafter and at its ovn
expense maintain, repair and renew said Faci l'i ties and, 'i n the event of its
faiIure to do so, Grantor shall have the ri ght, after ten (10) days' written
notice to Grantee, to eitheLi tself maintain, repair and renew said Faci l'i ties
at the sole cost and expense of Grantee, or to terminate this agreement.
TNENTIETH: 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 vritten notice of termination to Grantee, and Grantee's
rights and authority hereunder shall thereupon cease (except for the right to
correct such fai Iure) 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 shal l 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 Fac'i 'l ities and
I
10
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restore the property to the satisfaction of Grantor and reimburse Grantor for
all expenses incurred in connection with such removal. If Grantee shail faiI
to remove the Facjlities in the manner aforesajd within ninety (90) days after
termination, the Facilities sha'l I become the sole property of Grantor, w'i thout
liability or obligation to account to the Grantee therefor, and Grantee shall
reimburse Grantor for all expense, jncurred by Grantor at any time thereafter,
jn connection xith removal and disposa'l of alI or any portion of the
Facilities and restorat'ion of Grantor's property. Terminat'ion of Grantee's
rights and authority hereunder, sha'l I 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
jncurred 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 construed as a release of
any right of Grantor hereunder or as a vajver of any right to enforce any
term, covenant, agreement or condition herein contained.
TI4ENTY-FIRST: This agreement shall be executed for and on behalf of
the Grantee pursuant to a Resolution passed by the President and Board of
Trustees of Grantee and a certified copy of said Resolution shall be attached
hereto and made a part hereof as evidence of the authori ty herein exercised by
the undersigned 0fficers of the Grantee.
Tl,lEN TY-S ECoND: The terms "Grantor" and "Grantee" wherever used 'i n
this instrument are intended in each jnstance to include the respective
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successors and assigns of Grantor or Grantee, uhichever the case may be, and
all of the terms and provi sions of this jnstrument shall inure to the benefit
of and be binding upon the respective successors and assigns of Grantor and
Grantee.
TI,IENTY-THIRD: As a further consjderation for this grant, Grantor and
or its public utility successor shalI 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.
TI,IENTY-FoURTH: As further consjderation for thjs grant of easement,
Grantee agrees to deposit or cause its contractors to deposit, before the
start of construction, with Grantor, an i rrevocable letter of credit, drawn on
a national or state bank in the sum of Two Thousand Dollars ($2,000.00) U.S.
currencyt payable on drafts dralrn to the order of Commonweaith Edison Company,
on the folloxing terms and conditions:
I. Drafts drarn by Commonwealth Edison Company shall be
accompanied by a letter signed by the Grantor's
Land Management Supervisor, stating that Grantee has not
complied vith the provisions of Paragraph FIFTEENTH of this
easement grant.
2. The letter of credit shall expire upon issuance of a Ietter
signed by said Grantor's representative stating that
compliance has been made by Grantee or its contractor with
the provisions of Paragraph FIFTEENTH and in any event,
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said letter of credit shall expire twelve months after
vlritten notification has been sent by U.S. mai|,
regi stered, return recei pt requested, to saj d Grantor' s
representative, that construction has been completed.
IN l^IITNESS l,lHERE0F, Grantor has caused this instrument to
be executed on this / , " day of , A.D. 198
COMMONI,IEALTH EDISON COMPANY
I
ce Pres i dent
upon the terms and conditionsing grant is hereby accepted
ary
Grantee:
VILLAGE OF BUFFALO GROVE
B
President
ATT
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. Vil
3460F : cj c
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TTEST
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. Assi stan: -':.',
DEVELOPER'S AND CONTRACTOR'S GUARANTEE
Lexington Homes, ll56 !.,lest Shure Drive, Arlington Heights, Illinois 60004
agrees to guarantee performance of the work contemplated and of said facility,
as the party constructing and installing the facility and initia'l owner
thereof, and to be bound by all terms, conditions and covenants of this
agreement except Paragraph SECoND, SEVENTEENTH and TNENTY-FoURTH, and further
agrees to pay CoMMoNI4EALTH EDISoN CoMPANY, upon execution hereof, pay the sum
of 0ne Thousand Dollars ($l,000.00) as a preparation fee, compensating
COMMONI.IEALTH EDIS0N COMPANY for its expenses in considering ano analyzing the
effect of this request upon the performance of its public utjlity
responsibi'l jties and the preparat'ion of this document.
LEXINGTON HOI4ES
By
DATE ACCEPTED: .',
-
SEAL
ATTEST:
- 14 -
STATE OF ILLINOIS
COUNTY OF COOK
SS
I, , d Notary Public, in and for said
County, in the State aforesaid, do hereby certi fy that
, Vice President of Col'll4oNhEALTH EDISoN CoMPANY, anIllinois corporat'ion, and , Assistant
Secretary of said company, personal ly knolrn to me to be the same persons whose
names are subscribed to the foregoing instrument as such Vice President and
Assistant Secretary, respectively, appeared before me this day in person, and
acknowledged that they signed and de'l jvered the said instrument as the'ir own
free and vo'l untary act and as the free and voluntary act of said company, for
the uses and purposes there'i n set forth; and the said Assistant Secretary did
also then and there acknowledge that he, as custodian of the corporate seal of
said company, djd affix the sajd corporate seal of sajd company to said
instrument as his olln free and vo'l untary act, and as the free and voluntary
act of said company, for the uses and purposes therein set forth.
of , A.D. 19....
Notary Publ ic
My Commi s s ion Expi res:
STATE OF iLLINOIS
COUNTY OF
SS
I, ''tr'./!tr' -'-;
'' r-- a Notary Public, in and for said
County, in the State aforesaid, do hereby certify thdt ''.,<r,,,' !;t''ti.'r
personal ly kno!,n to me to be the President of the VILLAGE 0F BUFFALo GRoVE,
and :,+,.1- ,,t-'t1t",,tl , personal ly known to me to be the Clerk of said
Village, both of whom are personal ly known to me to be the same persons whose
names are subscribed to the acceptance of the foregoing instrument as such
President and CIerk, appeared before me this day 'in person and acknowledged
that they signed and delivered such acceptance for and on behalf of said
Village and caused the corporate seal of said Village to be affi xed thereto astheir free and voluntary act, and as the free and voluntary act of said
Vil)age for the uses and purposes therein set forth, pursuant to a written
resolution du'ly passed by the President and Board of Trustees of sajd Village
On the ' ; :'- day of -'.',-''':.: , A.D. 19 ,' .
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Gi ven under my hand and notarjal
, A.D. l9 ....
s eal thi s cay
of
..OFFICI.{L SE.A,L"
ROBERTA FREED
lirtarv F.lr :i. S!.le ol tit qais
Ity C.mmis:ion L\..tes 3/3/92
l"ly Commi s s i on Expi res :
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Ilotary Publ i c
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Given under my hand and notarial seal thjs
-
day
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