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R-162 - 06/10/1974 - PIPELINES - Resolutionsa As eCeELia6S- 1R- RESOLUTION WHERMS, the West Shore Pipe Line Company, a Delaware corporation with • local office at 1263 Yorktown Road, Lombard, Illinois 60148, has submitted • petition in writing requesting the right and privilege to construct, maintain, operate and remove pipes and pipeline for the transportation of petroleum products along, across and underneath the surface of the public highway known as Illinois 83 within said Village of Oakbrook, County of Wage, State of Illinois. NOW, TSBRWORE, Be It Resolved by the President and the Board of Trustees of the Village of Oakbrook, DuPage County, Illinois, that said Petitioner, West Shore Pipe Line Company, a Delaware corporation, its successors, grantees and assigns, be and it is hereby granted the right and privilege to construct, maintain, operate and remove along, across and underneath the surface of the public Highway known as Illinois 83 within said Village of Oakbrook such pipes and pipeline as may be necessary to carry and transport petroleum products for the uses and purposes of the Petitioner, its successors, grantees and assigns, at the location as shown on Exhibit "A" attached as a part hereto, upon the following terms and conditions: 1. Petitioner, its successors, grantees and assigns, in performing the work shell keep the highways open to two-way traffic at all times, and as soon as practical after laying and constructing said pipeline shall restore the highways to a condition equal or better to that existing before the commencement of the described work, subject to the full approval of the Department of Transportation, Division of Highways, of the State of Illinois. 2. Petitioner, its successors, grantees and assigns, shall construct, maintain, and operate said pipeline so as not to interfere with the natural drainage and so as not to interfere with the construction or maintenance of said highways, and said pipeline shall be laid at such depth beneath the surface so as not to interfere with public travel. 3. Petitioner shall secure and obtain all necessary permits and approvals from the appropriate controlling agencies. a 4. Patitioner,, its successors, grantees and assigns, shall pay any damages P■ to the owners of property abutting on said public ways which such owners may sustain by reason of the construction of said pipeline. 5. Petitioner, its successors, grantees and assigns, shall assume all risks and liabilities for all accidents and damages resulting to persons or property which arise from the constructing, maintaining and operating said pipeline, and by the acceptance hereof, agrees to indemnify and save harmless the Village of Oakbrook from any and all liabilities, damages, or judgments, including attorneys' fees and court costs in connection with the aforesaid. 6. Said pipeline shall be located and constructed to the satisfaction of the Hoard of Trustees of said Village and should construction and operation of said public ways require any reasonable alteration or change of location of the pipeline, such alteration or change of location shall be made by Petitioner, its successors, grantees and assigns, at its expense to another location in the immediate vicinity of the original location to be provided by the Hoard of Trustees of the Village of Oakbrook upon written request from the said Hoard of Trustees. Dated this 0 day of a 4t _, 1974 ATTEST: I Village Clark 1P$ pr; V"-JKu : 0 1 ;c vira l .a - I is STATE OF 1111170TS ) ). S3 Ca V1TY OF DtFA03 ) . ,p . 1, '%y...� .e.,,1�`...A , do hereby certify that I am the Lily elected, qualified and acting Village Clerk of the Village of Oakbrook, a municipal corporation, and the keeper of the records and seal thereof. I do further certify that attached hereto and made a part hereof is a true, complete and correct copy of a certain Resolution gassed and adopted by the President and Board of Trustees of Oakbrook at a meeting duly held and convened on the /3-9 day of %%. . 19Th, granting to West Shore Pipe Line Company, a Delaware Corporation with a local Office located at 3.263 Yorktown Road, Lombard, Illinois 60148, certain rights and privileges over and across certain highways of said Village, the original of which Resolution is on file in my office and is in full force and effect. IN WITNESS WI F, I have herento set my ham and.the official seal or the Villsge of Oakbrook this Of , 1974: _ s I Wt%ri+ !R— I (ocZ TO: The Honorable Hoard of Trustees of the Village of Oakbrook in the County of DuPage State of Illinois PETITION Your Petitioner, West Shore Pipe Line Company, a Delaware corporation with a local office at 3.263 Yorktown Road, Lombard, Illinois 66148, respectfully represents that it is duly authorized to transact business in the State of Illinois; that it now proposes to construct, maintain and operate a pipeline for the transportation of petroleum products across and through the Village of Oakbrook, County of DuPage, State of Illinois; and that in constructing, maintaining and operating said pipeline for the aforesaid purposes it is necessary for your Petitioner, its successors, grantees and assigns to construct, maintain, operate and remove a pipeline along, across and underneath the surface of the public highway known as Illinois 83 within said Village of Oakbrook, County of DuPsge, State of Illinois. Wherefore, your Petitioner hereby requests the right and privilege to construct, maintain, operate, repair and remove a pipeline and appurtenances along and across, underneath the surface of the public highway known as Illinois 83 within said Village of Oakbrook, County of DuPage, State of Illinois, at the location shown on Exhibit "A" hereof, upon the following terms and conditions: 1. Petitioner, its successors, grantees and assigns, in performing the work shall keep the highways open to two -way traffic at all times, and as soon as practical after laying and constructing said pipeline shall restore the highways to a condition equal or better to that existing before the commencement of the described work, subject to the full approval of the Department of Transportation, Division of Highways, of the State of Illinois. 2. Petitioner, its successors, grantees and assigns, shall construct maintain and operate said pipeline so as not to interfere with the natural drainage and so as not to interfere with the construction or maintenance of said highways; and said pipeline shall be laid at such depth beneath the surface so as not to interfere with public travel. 0 \Ni T11 R- I (oa.. 3. Petitioner shall secure and obtain all necessary permits and approvals from the appropriate controlling agencies. 4. Petitioner, its successors, grantees and assigns, shall pay any damages to the owners of property abutting on said public ways which such mere may sustain by reason of the construction of said pipeline. 5. Petitioner, its successors, grantees and assigns, shell assume all risks and liabilities for,all accidents and damages resulting to persons or property which arises from the constructing, main- taining and operating said pipeline, and by the acceptance hereof, agrees to indemnify and save harmless the Village of Oakbrook from any and all liabilities, damages, or judgments, including attorneys' fees and court costs in connection with the aforesaid. 6. Said pipeline shall be located and constructed to the satisfaction of the Hoard of Trustees of said Village and should construction and operation of said public ways require any reasonable alteration or change of location of the pipeline, such alteration or change of location shell be made by Petitioner, its successors, grantees and assigns, at its expense to another location in the immediate vicinity of the original location to be provided by the Hoard of Trustees of the Village of Oakbrook upon written request from the said Board of Trustees. Dated this 10th day of Sum, 19Th WEST SHORE PVR LM COWMY By / vwiN � H.T. CULTON, PEMDENT ATTEST: r.,) ' y .2 .