2017-2609/ 18/2017
RESOLUTION NO. 2017 - 26
A RESOLUTION APPROVING A LICENSE FOR A PATHWAY AGREEMENT WITH
WISCONSIN CENTRAL LTD. AND LAKE COUNTY
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and
WHEREAS, Lake County initiated negotiations with Wisconsin Central Ltd. for a
shared -use path pedestrian Crossing at Aptakisic Road and the railroad right of way; and
WHEREAS, Wisconsin Central Ltd. provided to Lake County and the Village a draft
License For A Pathway agreement ("Agreement") for the Crossing which is attached hereto as
Exhibit A; and
WHEREAS, Lake County and the Village of Buffalo Grove have filed a Petition with
the Illinois Commerce Commission ("ICC") naming as Respondent the Wisconsin Central Ltd.
seeking authority to construct a new pedestrian -rail grade crossing for a multi -use pedestrian
path on the south side of the existing Aptakisic Road railroad milepost 33.21 located in
unincorporated Lake County, Illinois near the Village of Buffalo Grove ("Petition"); and
WHEREAS, paragraph 10 of the Petition to the ICC states that the terms of the
Agreement are subject to approval by the Lake County Board and are subject to approval by the
Corporate Authorities of the Village.
NOW THEREFORE BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS, as follows:
Section 1. The foregoing recitals are hereby adopted and incorporated into and made
a part of this Ordinance as if fully set forth herein.
Section 2. The Corporate Authorities of the Village of Buffalo Grove hereby
authorize the Village Manager to negotiate and execute an acceptable License For A Pathway
agreement.
AYES: 5 — Berman. Ottenheimer, Weidenfeld, Johnson, Smith
NAYES: 0 - None
ABSENT: 1 - Stein
PASSED: September 18, 2017.
APPROVED: September 18, 2017.
APPROVED:
Beverly Suss n, Village President
ATTEST:
ci
Janet'Sirabian, Village Clerk
4702441
EXHIBIT A
License For A Pathway
Updated 8/17/17 SAO Comments
LICENSE FOR A PATHWAY
THIS AGREEMENT, made and entered into as of the 1$�day of
2011, by and among the WISCONSIN CENTRAL LTD. (hereinafter referred to as
"Railroad") whose mailing address is 17641 S. Ashland Avenue, Homewood, Illinois
60430-1345, the County of Lake, Illinois, an Illinois body politic and corporate, acting by
and through its Chair and County Board ("County") whose mailing address is 600 W.
Winchester Road, Libertyville, IL 60048, and the Village of Buffalo Grove, an Illinois
municipal corporation, acting by and through its Village President and Board of Trustees
("Village") whose mailing address is 50 Raupp Boulevard, Buffalo Grove, IL 60089.
WITNESSETH:
IN CONSIDERATION of the mutual covenants and agreements herein set forth,
Railroad, insofar as it lawfully may, does hereby grant unto the County and the Village a
right or license to construct, maintain and use a Pathway Crossing approximately 8 feet
in width, upon, over and across the property or right-of-way of Railroad (including the
track located thereon) at milepost Approximately MP 33.21 on Waukesha Subdivision
as shown on the Exhibit A attached hereto and made a part hereof,
UPON AND SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:
1. DEFINITIONS.
(a) Railroad's Property. "Railroad's Property" shall mean the property
shown on the attached Exhibit A, to the extent owned by Railroad, whether
owned in full ownership or as a servitude, easement, or right-of-way, including
Railroad's track, the land on which the track is situated, and any adjacent land of
Railroad on either side of the track.
(b) License. "License" shall mean the right granted by Railroad to the
County to construct, and the Village to maintain and use a Pathway, under the
terms and conditions set forth hereinafter.
(c) License Area. "License Area" shall mean that portion of Railroad's
Property over and across which the License is granted. The License Area
extends from one edge of the Railroad's Property across the track to the opposite
edge of the Railroad's Property and measures a distance of approximately 100
feet in width on either side of the center line of the Pathway, all as more fully
shown on the attached Exhibit A.
(d) Pathway. "Pathway" shall mean the pathway approaches on either
side of the Crossing Proper within the License Area including that portion
between tracks where multiple tracks exist.
(e) Crossing Proper. "Crossing Proper" shall mean that portion of
the License Area encompassing an area from end -of -tie to end -of -tie.
(f) County's Property. "County's Property" shall mean the property of the
County to and from which the License provides ingress and egress for the
County's and the Village's benefit and use.
(g) Cost. "Cost" shall mean the actual cost of labor, equipment and
materials plus Railroad's then current customary additives for overhead and other
indirect costs.
2. USE.
(a) The License shall only affect and burden the License Area and no
other portion of Railroad's Property, and the Pathway and Crossing Proper shall
be constructed, located, and maintained entirely within the License Area. The
County and the Village shall have no right to use or cross any other portion of
Railroad's Property or to use the Pathway and Crossing Proper for any purposes
other than as expressly permitted herein, and the County and the Village, as a
further consideration, cause, and condition without which this License would not
have been granted, agree to restrict its and the public's use to those purposes
and then only to said location and no other for crossing the Railroad's Property,
including the track.
(b) During the construction of the Pathway, the County shall not do or
permit to be done any act which will in any manner interfere with, limit, restrict,
obstruct, damage, interrupt, or endanger Railroad's operations or facilities,
except as reasonably necessary for the construction of the Pathway and with the
consent of the Railroad. After construction, the Village shall not do or permit to
be done any act which will in any manner interfere with, limit, restrict, obstruct,
damage, interrupt, or endanger Railroad's operations or facilities. .
(c) The Village shall use it's best efforts to take all steps necessary as
ordered by the Illinois Commerce Commission ("ICC") to ensure that all persons
using the Pathway and Crossing Proper come to a complete stop, look carefully
2
for approaching trains before fouling or crossing Railroad's tracks, and yield to
any approaching train.
(d) The Pathway and Crossing Proper shall not be used by motorized
vehicles.
3. TERM.
(a) This License shall become effective as of the date first written above
and shall continue in effect thereafter until terminated in one of the manners set
forth below:
(i) Any party may at any time give the other parties written notice of
termination specifying the date on which termination shall be effective,
provided that such notice shall be delivered at least sixty (60) days in
advance of the proposed date of termination. It is hereby agreed and
understood that Railroad will not exercise its right herein to terminate this
Agreement in the absence of any failure by the Village to comply with the
terms and conditions of this Agreement. In the event that the Village fails or
refuses to comply with any of the terms or conditions of this Agreement,
Railroad shall notify Village in writing of the default and the Village shall
have sixty (60) days to correct said default. If after the said sixty (60) days
the Village still fails or refuses to cure said default, Railroad shall then have
the right to terminate this Agreement at once;
(ii) Railroad shall have the right to terminate this Agreement
immediately upon written notice to the County and the Village if the County
and/or the Village at any time breaches or fails to perform any of the terms
and conditions hereof, subject to the notification requirements of sub-
paragraph 3(a)(i) set forth above;
(iii) This License shall terminate through non- use or in any other
manner provided by law.
(b) Unless the parties mutually agree in writing to leave the Pathway
and Crossing Proper in place after termination, the termination of this Agreement
shall not be effective until all removal and restoration is complete. Termination of
this Agreement shall not release the County and/or the Village from any liability
or responsibility and duty which accrued prior to such termination, removal and
restoration.
3
4. CONSTRUCTION. The construction of the Pathway, including the
portion between multilple tracks where multiple tracks exist, including the
necessary grading, culverts and drainage on each side of the Railroad's track,
shall be performed by the County at its own risk and expense, and to the
satisfaction of the Railroad's authorized representative. Railroad will install the
Crossing Proper over its track(s), from end -of -tie to end -of -tie, and install
crossing surface extensions. The Railroad will also install flashing signals and
lights and pedestrian gates, if ordered by the Illinois Commerce Commision and
make all adjustments required in Railroad facilities, if any, at County's sole
expense.
5. NOTIFICATION OF OTHER PARTY.
(a) At least ten (10) days prior to entering upon the Pathway for the purpose
of performing any construction or maintenance work hereunder, the County or
the Village shall notify Railroad's Senior Engineering Manager in writing of the
type of work to be performed and the date such work will commence. The notice
shall be sent to the following address:
Senior Engineering Manager
Wisconsin Central Ltd.
17641 South Ashland Avenue
Homewood, IL 60430
(b) After the orginal pathway and associated crossing are installed the
Railroad shall provide notice to the Village if maintenance or construction work
on the Crossing Proper or Pathway will remove the Crossing Proper or Sidewalk
from use by the public for a period in excess of two (2) hours sending notice to
Village at the following address:
Village of Buffalo Grove
c/o Village Manager
50 Raupp Boulevard
Buffalo Grove, IL. 60089
6. SIGHTING AT CROSSING. THE VILLAGE SHALL USE ITS BEST
EFFORTS TO KEEP EACH QUADRANT OF THE INTERSECTION OF THE
PATHWAY WITH RAILROAD'S TRACK FREE OF BUSHES, TREES, WEEDS,
VEGETATION, AND ALL OTHER OBSTRUCTIONS OF ANY KIND THAT
COULD INTERFERE WITH A PERSON SIGHTING AN APPROACHING TRAIN.
4
7. RAISING WIRE LINES. If it should be necessary during construction
to raise any wires on Railroad's property not belonging to Railroad to provide
safe clearance for vehicles, the County shall make all arrangements therefor at
its own sole risk and expense.
8. MAINTENANCE. The Village shall, at its own risk and expense,
maintain said Pathway in good and safe condition commensurate with its
intended use. The Railroad shall, at the sole risk and expense of the Village,
maintain the Crossing Proper, however, Railroad shall have the right, but not the
duty, to perform at Village's sole risk and expense, any repair or maintenance on
the Pathway that Railroad considers reasonably necessary and the Village shall
pay the cost thereof upon receipt of a bill whether made at the Village's request
or otherwise.
9. CROSSING TO BE KEPT FREE OF DEBRIS. The Village shall, to the
extent reasonably possible, at all times during the term of this Agreement, keep
the Railroad's track at the location of the Pathway and Crossing Proper free of
dirt, rocks or other debris or obstructions of any kind, and will not permit any
condition which might interfere with the safe and efficient operation of trains over
the Crossing Proper, or which might damage equipment or facilities belonging to
Railroad or others, or which might constitute a safety hazard of any kind. If at
any time the Village shall fail to do so, Railroad may, at its option, remove any
dirt, rocks, debris or obstructions, and the Village will reimburse Railroad the cost
thereof pursuant to those terms and conditions set forth in Paragraph 18 hereof.
If the continued or repeated presence of dirt, rocks, debris or obstructions should,
in the opinion of Railroad, create an operating hazard, Railroad may keep a
flagman on duty at the Village's expense until such condition is corrected in a
manner reasonably satisfactory to Railroad, or at its option may immediately
terminate this Agreement.
10. UNAUTHORIZED USE. It shall be the Village's responsibility and
duty, to the extent reasonably possible, to prevent all unauthorized persons from
using the License Area and nothing herein shall be construed to relieve the
Village of this responsibility and duty.
11. TEMPORARY GATES AND FLAGGING. (a) During construction: The
County shall, at its own risk and expense, install and maintain any temporary
gate or other barrier which Railroad indicates is reasonably necessary and shall
keep the gates closed until the Pathway is open for public use. Railroad shall, at
the County's risk and expense, provide whatever flag protection Railroad shall
indicate is necessary, and the County shall pay the cost thereof upon receipt of a
bill. It is further understood and acknowledged by the County that Railroad has
no obligation or duty to determine the need for any gate or other barrier or the
need for flag protection. (b) After construction: The Village shall, at its own risk
and expense, install and maintain any temporary gate or other barrier which
Railroad indicates is reasonably necessary and shall keep the gates closed when
the License Area is not in actual use. Railroad shall, at the Village's risk and
expense, provide whatever flag protection Railroad shall indicate is necessary,
and the Village shall reimburse the Railroad the cost thereof pursuant to those
terms and conditions set forth in Paragraph 18 hereof. It is further understood
and acknowledged by the Village that Railroad has no obligation or duty to
determine the need for any gate or other barrier or the need for flag protection.
12. SIGNS, SIGNALS AND WARNING DEVICES.
(a)The County and the Village acknowledge that Railroad has no obligation
or duty to give audible warning of the approach of a train, nor erect whistle posts,
nor reduce the speed of its trains, nor alter its operations in any manner, owing to
the presence or existence of the Pathway and crossing proper or other use or
exercise of the right or license granted herein. The Village will use its best efforts
to determine if any signs, signals or other warning devices are necessary or
appropriate for the safety of persons using the License Area and specifically
acknowledges that Railroad has no obligation or duty whatever to make any such
determination. If the installation of any signs, signals or warning devices on the
License Area is presently or hereafter required by law or by competent public
authority, or is otherwise requested by the Village, same shall conform to any
then currently applicable practices of the Railroad for such devices as to design,
material and workmanship and all costs incurred by the Railroad related to the
installation, operation, maintenance, renewal, alteration and upgrading thereof
shall be solely borne by the Village.
(b) The Crossing Proper and the Pathway shall be subject to the terms and
conditions set forth in that certain Agreed Order, based upon the draft License
Agreement, and prepared by the Illinois Commerce Commission relative to case
number T16-0054, marked Group Exhibit B, and such additional orders as may
be entered by the Illinois Commerce Commission relative to this Project, and
understood by the parties to be part of this Agreement.
13. INDEMNITY. As a further consideration for the License herein
granted, and as a condition without which the License would not have been
granted, (a) the County agrees to defend, indemnify and save harmless Railroad
and its officers, employees and agents, from and against any and all claims,
demands, actions and causes of action, and to assume all risk, responsibility and
liability (including all liability for expenses, attorney's fees and costs incurred or
sustained by Railroad, whether in defense of any such claims, demands, actions
and causes of action or in the enforcement of the indemnification rights hereby
conferred), for death of or injury to any and all persons, including but not limited
IJ
to the officers, employees, agents, patrons, invitees and licensees of the parties
hereto, and for any and all loss, damage or injury to any property whatsoever,
including but not limited to that belonging to or in the custody and control of the
parties hereto, to the extent attributable to the County's negligence in its
construction of the Pathway.
(b) the Village agrees to defend, indemnify and save harmless Railroad and its
officers, employees and agents, from and against any and all claims, demands,
actions and causes of action, and to assume all risk, responsibility and liability
(including all liability for expenses, attorney's fees and costs incurred or
sustained by Railroad, whether in defense of any such claims, demands, actions
and causes of action or in the enforcement of the indemnification rights hereby
conferred), for death of or injury to any and all persons, including but not limited
to the officers, employees, agents, patrons, invitees and licensees of the parties
hereto, and for any and all loss, damage or injury to any property whatsoever,
including but not limited to that belonging to or in the custody and control of the
parties hereto, to the extent attributable to the Village's negligence in its
maintenance of the Pathway.
14. INSURANCE. Before commencing work and during construction of the
Pathway, unless this License shall be terminated, the County shall provide and maintain
the following insurance in form and amount with companies satisfactory to and as
approved by Railroad Company and the Village shall provide and maintain the following
insurance in form and amount with companies satisfactory to and as approved by
Railroad Company.
a. Statutory Workers Compensation and Employer's Liability insurance.
b. Automobile Liability in an amount not less than $1,000,000 dollars combined
single limit.
c. The County agrees to provide Commercial General Liability (occurrence form) in
an amount not less than $1,000,000 dollars per occurrence, with an excess
policy with limits of $10,000,000 dollars. The Village agrees to provide
Commercial General Liability (occurrence form) in an amount of $5,000,000
dollars per occurrence, with an aggregate limit of $10,000,000 dollars. The
Policy must name Railroad Company and its Parents as additional insureds in
the following form:
Wisconsin Central Ltd. name and its Parents
Attn: Paul Chojenski
17641 South Ashland Avenue
Homewood, IL 60430
708.332.3557 (office)
paul.chojenski@cn.ca
If the commercial general liability policy required herein contains any exclusions
related to doing business or undertaking construction or demolition on, near, or
7
adjacent to railroad facilities; such exclusion must be removed through issuance
of endorsement CG 24 17, or a similar endorsement approved by Railroad
Company in its sole discretion prior to the commencement of work hereunder.
Before commencing work, the County and the Village shall deliver to Railroad Company
a certificate of insurance evidencing the foregoing coverage, and upon request, The County and
the Village shall deliver a certified, true and complete copy of the policy or policies at their sole
cost and expense. The policies shall provide for not less than thirty (30) days prior written
notice to Railroad Company of cancellation of or any material change in, the policies, and shall
contain the waiver of right of subrogation.
It is understood and agreed that the foregoing insurance coverage is not intended to,
and shall not, relieve the County or the Village from or serve to limit County's or the Village's
liability under the indemnity provisions of this License or any applicable agreement.
It is further understood and agreed that, so long as this License shall remain in force or
until the Village shall have vacated the Railroad Company's property (whichever shall be later),
Railroad Company shall have the right, from time to time, to revise the amount or form of
insurance coverage provided as circumstances or changing economic conditions may require.
Railroad Company shall give the Village written notice of any such requested change at least
thirty (30) days prior to the date of expiration of the then existing policy or policies; and the
Village agree to, and shall, thereupon provide Railroad Company with certificates reflecting such
revised policy or policies thereof.
If a contractor is to be employed by the County or the Village, then, before any work is
commenced hereunder, the County or the Village shall establish, to the reasonable satisfaction
of Railroad Company, that either (i) the contractor has in place insurance policies covering its
own work that comply with the required insurance coverages, limits and terms applicable to the
County or the Village, or (ii) the contractor is fully covered under the County's or the Village's
insurance policies.
15. REMOVAL OF Pathway AND CROSSING PROPER. Prior to
termination of this Agreement, the Village shall remove its Pathway from
Railroad's Property (except for the Crossing Proper located between the ends of
ties) and restore the Railroad's Property, as near as may be, to its former
condition insofar as such restoration may in the opinion of Railroad's duly
authorized representative be practical, all at Village's sole risk and expense. If
the Village fails to so remove and restore, Railroad shall have the right, but not
the obligation, to do so at the Village's sole risk and expense. Upon termination,
Railroad shall have the right, but not the duty, to remove the Pathway and
Crossing Proper and to restore the Railroad's Property, all at the Village's sole
risk and expense. The Village shall pay the cost of any work performed by
Railroad upon presentation of a bill. Railroad shall have the right to require the
Village to deposit the estimated cost of any or all removal or restoration work
involving the Pathway and/or Crossing Proper or to furnish an acceptable
performance bond in such amount upon execution of this Agreement or at any
time thereafter to assure complete performance under this Section.
16. ASSIGNMENT. The County and the Village shall not have the right
to assign this Agreement without first obtaining the consent in writing of the
Railroad, which consent will not be unreasonably withheld.
17. TAXES. Pursuant to those terms and conditions set forth in
Paragraph 18 hereof, the Village shall pay all taxes, general and special, license
fees or other charges which may become due or which may be assessed against
that portion of the premises of the Railroad identified herein as the License Area
because of the construction, existence, operation or use of said Pathway and
Crossing Proper, , and shall reimburse the Railroad for any such taxes, license
fees or other charges which may otherwise be the responsibility of the Railroad
to pay.
18. BILLS. For all bills submitted by the Railroad to the County or the
Village pursuant to the terms of this Agreement, the County and Village will
comply with the Illinois Local Government Prompt Payment Act.
19. ENFORCEABILITY. In the event that any parts, sections or other
portions of this Agreement are found unenforceable under the applicable law of
any courts having jurisdiction over this Agreement, the remaining parts, sections
or other portions thereof and the enforcement of same shall not be affected and
shall otherwise remain in full effect and enforceable.
20. This Agreement will be governed by the laws of the State of Illinois and
venue shall be in Lake County, Illinois. Any future change or modification of this
Agreement must be in writing and signed by the parties hereto except for the
County if it has no further obligations under this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate as of the date first above written.
WISCONSIN CENTRAL LTD.
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Regional Chief Engineer
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Director of Transportation / County Engineer
Lake County
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Route F.A.U. 2665 (Weiland Road)
Section: 14-00158-11-WR
County : Lake
Job No.: R-55-001-97
Parcel 0069P.E.
Sta. 112+91.35 To Sta. 114+41.76
Index No. 15-21-400-025-8900(pt)
15-28-200-069-8900(pt)
That part of the Southeast Quarter of the Southeast Quarter of
Section 21 and that part of the Northeast Quarter of the Northeast
Quarter of Section 28, Township 43 North, Range 11 East of the
Third Principal Meridian, in Lake County, Illinois, described as
follows:
Commencing at the southeast corner of the Southeast Quarter of
said Section 21; thence on an Illinois Coordinate System NAD
83(2007) East Zone bearing of South 89 degrees 51 minutes 23
seconds West along the south line of the Southeast Quarter of said
Section 21, a distance of 507.36 feet to the northeasterly line of
the Wisconsin Central Limited Railroad right of way and the point
of beginning; thence South 21 degrees 21 minutes 44 seconds East
along the said northeasterly line of the Wisconsin Central Limited
Railroad right of way, a distance of 41.20 feet to a point 60.00
feet normally distant South of the center line of Aptakisic Road
recorded August 28, 1946 as document number 598702, being also the
northwest corner of Lot 1 in U-Stor-It Buffalo Grove Subdivision
recorded October 27, 2000 as document number 4601729; thence North
89 degrees 22 minutes 34 seconds West along a line 60.00 feet
normally distant South of and parallel with the said center line
of Aptakisic Road, a distance of 84.43 feet to an angle point;
thence South 89 degrees 14 minutes 06 seconds West along a line
60.00 feet normally distant South of and parallel with the said
center line of Aptakisic Road, a distance of 23.19 feet to the
southwesterly line of the Wisconsin Central Limited Railroad right
of way; thence North 21 degrees 21 minutes 44 seconds West along
the said southwesterly line of the Wisconsin Central Limited
Railroad right of way, a distance of 117.51 feet to a point 50.00
feet normally distant North of the said center line of Aptakisic
Road; thence North 89 degrees 14 minutes 06 seconds East along a
line 50.00 feet normally distant North of and parallel with the
said center line of Aptakisic Road, a distance of 65.87 feet to an
angle point; thence South 89 degrees 22 minutes 34 seconds East
along a line 50.00 feet normally distant North of and parallel
with the said center line of Aptakisic Road, a distance of 41.35
feet to the northeasterly line of the Wisconsin Central Limited
Railroad right of way, being also the southwest corner of Lot 2 in
Tucker Group Re -Subdivision recorded September 11, 1997 as
document number 4018069; thence South 21 degrees 21 minutes 44
seconds East along the said northeasterly line of the Wisconsin
Central Limited Railroad right of way, a distance of 77.43 feet to
(Continued)
EXHIBIT A.4
Route F.A.U. 2665 (Weiland Road)
Section: 14-00158-11-WR
County : Lake
Job No.: R-55-001-97
Parcel 0069P.E.
Sta. 112+91.35 To Sta. 114+41.76
Index No. 15-21-400-025-8900(pt)
15-28-200-069-8900(pt)
the point of beginning.
Said permanent easement containing 0.271 acre, more or less.
Said permanent easement to be used for highway purposes.
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