1999-15RESOLUTION NO. 99- 15
A RESOLUTION APPROVING THE COMMONWEALTH
EDISON SIDEWALK EASEMENT (APTAKISIC ROAD EAST
OF BUFFALO GROVE ROAD)
WHEREAS, a sidewalk easement from Commonwealth Edison is required _ to
permit the construction and maintenance of a sidewalk on Aptakisic Road; and
WHEREAS, the Village is required to approve the required easement.
NOW, THEREFORE, BE IT RESOLVED by the 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 sidewalk
easement of which said easement is attached hereto and made a part hereof.
AYES: 6- Marienthal, Reid, Rubin, Braiman Hendricks, Glover
NAYES: 0 - None
ABSENT:O - None
PASSED: April 5 , 1999
APPROVED: April 5
ATTEST:
.Q�
Village Clerk
G:\ENGINEER\ORD\RES991.DOC
1999
,. -�-
SIDEWALK EASEMENT
THIS AGREEMENT, made this 1' day of A-PA L-- 199 ,by
and between COMMONWEALTH EDISON COMPANY, an Illinois Corporation, 227
West Monroe Street, Chicago, Illinois 60606 (hereinafter referred to as "Grantor "), and
VILLAGE OF BUFFALO GROVE, a municipal corporation of Illinois (hereinafter referred
to as "Grantee ");
WITNESSETH:
That Grantor, for and in consideration of the payments of Ten Dollars
($10.00) and other good and valuable consideration by the Grantee, receipt of which is
hereby acknowledged, and in consideration of the covenants, agreements and
conditions hereinafter contained on the part of the Grantee to be made, performed, kept
and observed, BY THESE PRESENTS DOES GIVE AND GRANT unto Grantee,
without warranty, a perpetual centerline easement, for the right and privilege to install,
use, operate, maintain, replace and remove one (1) 8 -foot concrete sidewalk, without
any deviation from plan thereof (hereinafter referred to as "Facility "), in, upon and along
that portion of Parcel 254 of Grantor's DesPlaines- Waukegan Right of Way, and Parcel
1 of Grantor's Aptakisic Transmission Substation 109, all as located in that portion of
the Northwest Quarter of Section 28, in Township 43 North, Range 11, East of the Third
Principal Meridian, Lake County, Illinois (hereinafter referred to as "Grantor's Property ").
Said Facility shall be installed along Grantor's Property along its centerline in
accordance with sheets 2 and 3 of GroundWork LTD.'s plan and profile drawings, dated
1- 29 -99, marked Exhibit "A", attached hereto and made a part hereof.
This grant is made subject and subordinate to Grantor's existing and
future facilities and equipment within its right of way and to the rights previously granted
by Grantor to North Shore Gas Company and Illinois Bell Telephone Company, such
having installed equipment and facilities laid longitudinally and across Grantor's Right-
of-Way at this location. Consent of such Grantee(s) is a prerequisite to exercise of the
rights hereunder granted.
This grant is made by Grantor and accepted by the Grantee under the
following terms and conditions:
FIRST: Grantee agrees prior to any digging that it will contact J.U.L.I.E.,
telephone number (800) 892 -0123, in order to have all existing underground utilities and
pipelines located; to coordinate its work so as not to jeopardize any existing utility or
pipeline; and, shall be responsible for any damage thereto.
SECOND: Grantee shall notify Grantor's Regional Right -of -Way Agent in
Libertyville, Illinois, telephone number (847) 816 -5243 or such other person as
designated by Grantor, at least forty -eight (48) hours in advance, except in case of
emergency and in case of routine inspection and operation, before entering upon said
property of Grantor to make the herein proposed installation, or any repair, replacement
2
or removal thereof, in order that Grantor can have a representative or representatives
present at such time or times if it so desires; and Grantee agrees that any work in said
property shall be done to the satisfaction of said representative 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 will be installed in Grantor's
property in strict conformity with said Exhibit "A" attached hereto. Any proposed
changes in said plans, before or after installation, shall be submitted to Grantor for its
written approval and no work shall be commenced until such written approval has been
obtained.
FOURTH: Grantee agrees to reimburse Grantor and its grantees, lessees
or licensees for any expense incurred in protecting or rearranging their facilities due to
the installation, operation, maintenance or removal of said Facility.
FIFTH: At all times governed by the Agreement, Grantee shall conduct its
operations and otherwise use or occupy Grantor's property hereunder in compliance
with all applicable Environmental Laws and shall not cause any Hazardous Material to
be introduced to or handled on Grantor's property hereunder. Grantee shall defend,
indemnify and hold harmless Grantor, its successors, assigns, officers, directors,
shareholders, agents, representatives and employees from and against any suits,
damages (including, but not limited to, consequential damages), losses, claims or
causes of action, demands, injuries, costs and expenses of any kind including, without
limitation, court costs, expenses, attorney and consultant fees, whether asserted under
Environmental Laws or at common law, arising out of or related to any breach by
3
Grantee of the environmental covenants set forth above; any violation by Grantee of
any Environmental Law; or the presence, release or threatened release of any
Hazardous Material at, on or beneath Grantor's property caused by Grantee, its agents,
or any entity in privity with or providing a benefit to Grantee. As used in this section, the
term Environment Laws shall mean all federal, state and local statutes, regulations or
ordinances relating to the protection of health, safety or the environment including,
without limitation, the Clean Air Act, the Water Pollution Control Act, the Resource
Conservation and Recovery Act, the Comprehensive Environmental Response,
Compensation and Liability Act, the Toxic Substances Control Act, and all similar state
and local laws now or hereinafter enacted or amended. Hazardous Materials shall
mean any waste, pollutant, toxic substance or hazardous substance, contaminant or
material regulated by any Environmental Law including, without limitation, petroleum or
petroleum -based substances or wastes, asbestos and polychlorinated biphenyls.
The foregoing covenants and indemnification obligations shall survive any
termination of this Easement Agreement.
SIXTH: Grantee shall indemnify and save harmless the Grantor, its
officers and employees, from all claims, litigation and liability 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, or in
any way attributable to, the rights herein granted or Grantee's failure to comply with any
of the terms or conditions hereof. Grantee shall undertake the defense of Grantor, its
officers and employees in any such litigation, if Grantor requests Grantee to do so.
4
SEVENTH: 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 facilities of Grantor in Grantor's property.
EIGHTH: Grantee agrees that any equipment used or transported on
Grantor's Property shall maintain OSHA Standards 1910.1800) and 1910.181(j)(5)(1)
regarding Equipment Clearances to Overhead Facilities; due caution shall be exercised
while working under Grantor's energized lines, and that no blasting will be done on
Grantor's Property.
NINTH: Grantee agrees to obtain at its sole cost and expense such
permits, licenses or other authority which may be required from the State of Illinois, the
County of Lake, and any other authorities having jurisdiction, before using said
premises for the purpose herein proposed and agrees to comply with and strictly
observe any and all laws, rules, statutes and regulations of any such authorities.
TENTH: Grantee agrees to require its contractor, before commencing the
work of installing, repairing, replacing or removing the Facility to purchase and maintain,
or, at the option of Grantee, to itself purchase and maintain, at the cost of Grantee or its
contractor, a policy or policies of insurance issued by good and responsible insurance
companies and in a form satisfactory to Grantor as follows:
1.) Workers' Compensation Insurance Policy: Coverage
A - To pay promptly when due all compensation and other
benefits required of the insured by the workers'
compensation law. Coverage B - Employers' Liability: To
pay on behalf of the insured with limits not less than
$500,000 each accident /occurrence all sums which the
insured shall become legally obligated to pay as damages
because of bodily injury by accident or disease, including
death at any time resulting therefrom. Coverage A and
5
Coverage B will cover all contractors, subcontractors, and
their subcontractors;
2.) Comprehensive General Liability Policy or Policies
covering all contractors, subcontractors and all their
subcontractors with limits not less than the combined single
limit 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.
Commonwealth Edison Company, as Grantor, shall be
added as Additional Insured under endorsement GL 2010 or
CG 2010. Bodily injury means bodily injury, sickness, or
disease sustained by any person which occurs during the
policy period, including death, at any time resulting
therefrom. Property damage means (1) physical injury to or
destruction of tangible property which occurs during the
policy period, 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
policy period.
3.) Automobile Liability in the amount of not less than
$1,000.000 per occurrence combined single limit covering all
owned, leased, rented and non -owned vehicles.
There shall be furnished to Grantor, prior to commencing the work of installing,
repairing, replacing or removing the Facility, a certified copy of each policy of insurance
or a Certificate of Insurance issued pursuant to the requirements contained in
subparagraphs (1) (2), and (3) of this paragraph. Insurance coverage as required
herein in subparagraphs (1) (2), and (3) shall be kept in force until all work has been
completed. Declarations in each of said policies shall identify the work as being done
by and for others on property owned by Grantor and there shall be no exclusions in any
of said policies not approved by Grantor.
ELEVENTH: The rights herein are granted subject to any use now made
of the herein described property by Grantor, its grantees, licensees and lessees, and
C.1
should Grantor desire to make any use of its property with which the Facility will in any
manner interfere, Grantor shall deliver to Grantee a written notice describing such
proposed use and stating that said Facility will interfere with such proposed use. With
the notice shall be an estimate of any additional costs incurred by Grantor if its
proposed construction is altered to avoid or minimize interference with the Facility.
Grantee shall, at its cost and expense, commencing ninety (90) days after receiving
such notice from Grantor, (1) make such changes in said Facility as in the judgment of
Grantor may be required to avoid or minimize such interference, including relocation of
the Facility to another location designated by Grantor in its property or (2) notify Grantor
within twenty (20) days of receipt of such notice, that it elects to reimburse Grantor for
said additional cost.
TWELFTH: Grantor's use of Grantor's Property, including but not limited
to the Easement Premises, for access by Grantor's vehicles and equipment, shall
remain paramount to the right herein granted, and Grantee shall make such access
available to Grantor at all times.
THIRTEENTH: Grantee agrees to pay Grantor, its grantees, licensees,
lessees, 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, its
grantees, licensees, lessees, successors or assigns, including but not by way of
limitation, damage to crops, fences, pasture lands or livestock, on account of the
installation, operation, maintenance, repair, replacement or removal of the Facility and
Grantee agrees, upon completion of said work to restore Grantor's Property in a neat,
clean and orderly condition, to the satisfaction of Grantor, including the restoration of
7
top soil to its initial pre- construction depth where tillable soil existed prior to installation
of said Facility and restoration of the ground to its initial pre- construction elevation.
Grantee agrees that there shall be no impairment of natural drainage or of installed
drainage facilities occasioned by the construction, installation, repair, replacement,
maintenance, operation or removal of the Facility. Grantee agrees to correct or repair
any damage problems created to any impaired natural drainage or installed drainage
facilities at its sole cost and expense.
FOURTEENTH: Grantee covenants and agrees that it will not permit or
suffer any lien to be put upon or arise or accrue against said premises in favor of any
person or persons, individual or corporate, furnishing either labor or material in any work
herein proposed; Grantee further covenants and agrees to hold Grantor and said
Premises free from any and all liens, or rights or claims of lien 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.
FIFTEENTH: Upon completion of the construction, installation, laying or
placing of said Facility, Grantee shall thereafter and at its own expense maintain, repair
and renew said Facility and, in the event of its failure to do so, Grantor shall have the
right, after ten (10) days' written notice to Grantee, to either itself maintain, repair and
renew said Facility at the sole cost and expense of Grantee, or to terminate this
agreement.
SIXTEENTH: Grantee agrees to reimburse Grantor, within thirty (30) days
after Grantor's presentation of a bill, for any increase in taxes and assessments to
Grantor's Property, should Grantee's Facility change the assessed valuation of
E:?
Grantor's Property or should Grantee's Facility be assessed with Grantor's facilities in
the same tax parcel or parels..
SEVENTEENTH: Grantee agrees that Grantor and or its public utility
successor shall 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.
EIGHTEENTH: 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
written notice of termination to Grantee, and Grantee's rights and authority hereunder
shall thereupon cease (except for the right to correct such failure) 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 shall terminate
forever. Also, if at any time after the installation of the Facility, Grantee shall fail to use
the same for a period of twelve (12) consecutive months, Grantee's rights and authority
hereunder, without the necessity of any notice to Grantee, shall 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 Facility and restore the
property to the satisfaction of Grantor and reimburse Grantor for all expenses incurred
in connection with such removal. If Grantee shall fail to remove the Facility in the
manner aforesaid within ninety (90) days after termination, the Facility shall become the
sole property of Grantor, without liability or obligation to account to the Grantee therefor,
and Grantee shall reimburse Grantor for all expense, incurred by Grantor at any time
thereafter, in connection with removal and disposal of all or any portion of the Facility
9
and restoration of Grantor's property. Termination of Grantee's rights and authority
hereunder, shall 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 incurred 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 waiver of any right to enforce any
term, covenant, agreement or condition herein contained.
NINETEENTH: 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 authority herein exercised by the undersigned Officers of
the Grantee.
TWENTIETH: The terms "Grantor" and "Grantee" wherever used in this
instrument are intended in each instance to include the respective successors and
assigns of Grantor or Grantee, whichever the case may be, and all of the terms and
provisions of this instrument shall inure to the benefit of and be binding upon the
respective successors and assigns of Grantor and Grantee.
10
IN WITNESS WHEREOF, the parties hereto have caused this instrument
to be executed by their proper officers thereunto duly authorized as of the day and year
first herein written.
COMMONWEALTH EDISON COMPANY
By � �" lyyy-�
M. R. Norris
Land Management Administrator
• ALI •
ATTEST:
oa"A .
CLERK
KALD MG \TATERA \EASEMENTSDW LK. DOC
JST:dn
This instrument prepared by M. McNamara on behalf of
Commonwealth Edison Company, 227 West Monroe Street,
Chicago, IL 60606.
11
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
I, the undersigned, a Notary Public, in and for said County in the
State aforesaid, do hereby certify that M. R. Norris, as Land Management
Administrator of COMMONWEALTH EDISON COMPANY, an Illinois
Corporation, personally known to me to be the same person whose name is
subscribed to the foregoing instrument, appeared before me this day in person
and acknowledged that he signed and delivered the said instrument as his own
free and voluntary act and as the free and voluntary act of said company for the
uses and purposes therein set forth.
G*ven under my hand and notary seal this Z day of
, 199q.
f VC%Aa nq
- i' A4- I�
Notary Public
My Commission Expires n - 2'0�0 • "OFFICIAL SEAL"
MICHAIL Sv cNAMARA
• Notory N.,Or Stair of Illinois
STATE OF ILLINOIS ) MVCQMMk �<< ai�s/o3 ••+
COUNTY OF )
I, the undersigned, a Notary Public, in and for said County, in the
State aforesaid, do hereby certify that Sidney Mathias ,
personally known to me to be the President of the Village of Buffalo Grove, and
Janet Sirabian , personally known to me to be the Clerk of
said Village, both of whom are personally known to me to be the same persons
whose names are subscribed to the acceptance of the foregoing instrument as
such President and Clerk, 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 affixed thereto
as their free and voluntary act, and as the free and voluntary act of said Village
for the uses and purposes therein set forth, pursuant to a written resolution duly
pass d by t, a President and Board of Trustees of said Village on the ZQ'� day
of ,199
iven der my hand and notary seal this 1i day of
199?--
Notary Public
My Commission Expire
ROBERTA FREED
NOTARY PUBLIC STATE OF ILLINOIS
MY COMMISSION EXI'. B. 10,2000
12
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TIEVATIFf
APTAKISIC AND BUFFALO GROVE ROADS
ILLINI PARTNER - C/O TERRACO, INC.;
8707 SKOKIE BLVD. 303
SKOKIE, ILLINOIS 60077'
THESE PLANS ARE FOR THE
FOLLOWING PURPOSED ONLY,
AS INDICATED
O REVIEW ONLY
O PERMIT
O BIDDINGG
ci
NO I DATE
10
REVISION ISSUE
ARCHITECTS
PLANNERS
ENGINEERS
GROUNDWORK, LTD.
1051 PERIMETER DRIVE. SUITE 1110 847.413.030D
All (jil i �N5 A .}
11 �Z 9�7+l1�n711
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COPYRIGHT: x'1999
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*APTAKISIC ROAD
APTAKISIC AND BUFFALO GROVE ROADS
ILLINI PARTNER - C/O TERRACO, INC.;
8707 SKOKIE BLVD. 303
SKOKIE, ILLINOIS 60077'
THESE PLANS ARE FOR THE
FOLLOWING PURPOSED ONLY,
AS INDICATED
O REVIEW ONLY
O PERMIT
O BIDDINGG
ci
NO I DATE
10
REVISION ISSUE
ARCHITECTS
PLANNERS
ENGINEERS
GROUNDWORK, LTD.
1051 PERIMETER DRIVE. SUITE 1110 847.413.030D
All (jil i �N5 A .}
11 �Z 9�7+l1�n711
�l!'I
COPYRIGHT: x'1999