Title
Joint resolution authorizing the execution of an extension to the existing agreement between Lake County and the Commonwealth Edison Company for an easement along the right-of-way of the former Chicago North Shore and Milwaukee Railway (County Highway 75) from December 31, 2009 to June 30, 2010.
Staff Summary
• North Shore Right-of-Way: Easement Agreement with Commonwealth Edison Company: Temporary Extension
• Commonwealth Edison had an easement agreement with the Chicago North Shore and Milwaukee Railway dated March 8, 1957, which railway subsequently went out of business.
• Lake County subsequently acquired title to and possession of a portion of said railway right-of-way and designated such right-of-way as County Highway 75.
• The current agreement, as previously extended, expires December 31, 2009.
• Lake County and Commonwealth Edison Company mutually desire to extend the conditions of said easement as it relates to the right of way but as yet have not been able to finalize the terms of such extension.
• This resolution authorizes an agreement to extend said easement to June 30, 2010.
Body
R E S O L U T I O N
WHEREAS, Commonwealth Edison Company had an easement with the Chicago North Shore and Milwaukee Railway dated March 8, 1957 under which agreement Commonwealth Edison utilization of a portion of said railway right-of-way; and
WHEREAS, subsequent to the execution of said easement the Chicago North Shore and Milwaukee Railway ceased to exist as an operating railway company; and
WHEREAS, Lake County acquired title to and possession of a portion of said railway right-of-way such right-of-way and is designated as County Highway 75; and
WHEREAS, Lake County and Commonwealth Edison Company by agreement dated May 10, 1966 extended the conditions of the said easement between Commonwealth Edison Company and the Chicago North Shore and Milwaukee Railway; and
WHEREAS, said agreement dated May 10, 1966 expired on December 31, 2008; and
WHEREAS, this County Board of Lake County, Illinois, at its meeting of November 18, 2008 authorized a temporary extension of said agreement to December 31, 2009; and
WHEREAS, Lake County and Commonwealth Edison Company mutually desire to extend the term of said agreement, but as yet have not been able to finalize the terms of such extension; and
WHEREAS, Lake County and Commonwealth Edison Company mutually desire to extend the term of said agreement to June 30, 2010, a draft copy of said extension agreement attached hereto.
NOW, THEREFORE BE IT RESOLVED, by this County Board of Lake County, that the Chair of the County Board, the County Clerk, and the County Engineer of Lake County, Illinois, be authorized and they are hereby directed to execute an agreement between Lake County and Commonwealth Edison Company extending the term of said easement agreement as it relates to the right-of-way of the former Chicago North Shore and Milwaukee Railway to June 30, 2010. The County Engineer shall transmit in writing the final agreement to be executed by the Chair of the Lake County Board and the County Clerk.
Dated at Waukegan, Illinois, this 18TH day of November A.D., 2008