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HomeMy WebLinkAbout90-0509 Sanitary District - 1990 - Interplant Sludge Pipeline RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE SANITARY DISTRICT OF ELGIN (Interplant Sludge Pipeline) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Marie Yearman, City Clerk, be and are hereby authorized and directed to execute an Easement Grant on behalf of the City of Elgin with the Sanitary District of Elgin for an interplant sludge pipeline, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: May 9, 1990 Adopted: May 9 , 1990 Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Marie Yearman Marie Yearman, City Clerk EASEMENT GRANT THIS GRANT OF EASEMENT, made this day of L7alV,-- ► 190 , from THE CITY OF ELGIN hereinafter called the "Grantor(s) " , to the SANITARY DISTRICT OF ELGIN, a municipal corporation organized and existing under the laws of the State of Illinois, hereinafter - called the "Sanitary Dis- trict", Raymond Street and Purify Drive, Elgin, Illinois 60120. WHEREAS, the Sanitary District is about to construct a force main and appurtenances thereto, hereinafter termed Interplant Sludge Pipeline hereinafter called the "Force Main" ; and WHEREAS, in order to construct the force main, it may be necessary or desirable for the Sanitary District to obtain a Perpetual Ease- ment, right, privilege and authority to construct, reconstruct, repair, maintain and operate a certain part of the force main or appurtenances connected to the force main, under and through certain premises hereinafter described; and hereafter all or any part of the Permanent Easement to the municipal corporation, hereinafter called the an o a municipal corporation, hereinafter called WHEREAS, the Grantor(s) (is) (are) willing to grant said Perpetual Easement, right, privilege and authority to the Sanitary District, or its future assignee, upon the terms and conditions herein set forth. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) in hand paid by the Sanitary District to Grantor(s) , the receipt of which is hereby acknowledged, and the covenants and conditions here- inafter contained, the Grantor(s) hereby bargain(s) , sell (s) , grant(s) , transfer(s) , and convey(s) to the Sanitary District, its successors and assigns, the Perpetual Easement, right, permission, and authority to construct, reconstruct, repair, replace, operate, and maintain the force main or appurtenances connected to the force main, under and through the real estate described on Exhibit A, which is attached hereto and made a part hereof. AND FURTHER IN CONSIDERATION of the grant of the Perpetual Easement, right, privilege, and authority, herein contained, this Easement Grant is subject to the following conditions: FIRST: The force main shall be constructed by the open-cut or jack- ing and boring method under and through the Permanent Easement, at the sole expense of the Sanitary District either of ductile iron pipe or other materials that the District Engineer of the Sanitary District deems advisable, and in accordance with the specifications and plans prepared by Donohue & Associates, Inc. , Itasca, Illinois 60143 . Any lateral lines or sub-trunks which may be connected to the force main, that may be constructed under and through the Perma- nent Easement, shall not be at the expense of the Sanitary District. SECOND: The Sanitary District expressly assumes all responsibility for, and shall save and keep harmless - the Grantor(s) against all which (it) (they) may suffer, incur or loss, damage, cost or expens e sustain, or for which (it) (they) might become liable growing out of any injury to or death of persons, or loss, or damage to property, arising out of or caused in the performance of any work done by or under the authority of Sanitary District by virtue of the .rights granted herein. In the event of the bringing of any action, suit or suits against Grantor(s) growing out of any such loss, damage, cost or expense, Grantor(s) shall give written notice to the Sanitary District of the commencement of such action, suit or suits, and thereafter the Sanitary District shall be entitled to assume the defense thereof. The Sanitary District shall save and keep harmless the Grantor(s) from any claims for mechanics liens by reason of any construction work, repairs, replacements, or other work, or for any improvements made or placed upon or to the Permanent Easement by the Sanitary District. All provisions of this paragraph are applicable only as to the work done under contract with and under the express provisions and authority of the Sanitary District. THIRD: The rights and obligations of the Grantor(s) and the Sani- tary District hereunder shall inure to the benefit of and be binding upon their respective successors and assigns, and all terms, condi- tions, and covenants herein shall be constructed as covenants run- ning with the land. FOURTH: After the force main and appurtenances have been construct- ed and placed in operation: (a) The Grantor(s) may use the surface of said real estate, it being understood, however, that such use shall not in any manner interfere with or damage the force main or appurte- nances, and that the Sanitary District shall have the right of access to said real estate at all times from the nearest highway or street for the purpose of reconstruction, re- pair, maintenance or operation of the force main or appur- tenances. (b) The Grantor(s) (is) (are) guaranteed ingress and egress at all times during and after construction. (c) The Grantor(s) agree (s) that no buildings will be con- structed over the Permanent Easement. (d) The Grantor(s) reserve(s) the right to construct a fence or fences over the Permanent Easement. (e) The Grantor(s) reserve (s) the right to dedicate all or any part of the Permanent Easement for street or roadway pur- poses. (f) The Grantor(s) agree (s) to give the Grantee a construction easement as delineated on Exhibit "A" attached hereto and made a part hereof. IN WITNESS WHEREOF, the Grantor(s) (has) (have) caused this instru- ment consisting of 5 pages, including Exhibit A and this page to be executed the Grantor(s) . Owner Sanitary Dist ict UT Elgin, President C�ty of Elgin ATTEST: S nitary District of Elgin, Clerk 3 LEGAL DESCRIPTION OF EASEMENT HEREBY GRANTED: Interplant Slud e BEING A PERMANENT EASEMENT FOR TOWNSHIP 41 NORTH, RANGE 8, PART OF THE SOUTH 1/2 OF SECTION 11, EAST OF THE THIRD PRINCIPAL HEREWITH ANDDIMADE FA PART IOF THIS HDESCRIPTIONi, EXHIBIT "A" ATTACHED HERE LYING ON EACH SIDE OF HCORNER�OF NPROPERTYIDEDSCRIBED IN PARCEL ONE MENCING AT THE NORTHWEST OF DOCUMENT NUMBER 1628481; THENCE EASTERLY ON THE NORTHERLY LINE THEREOF, 146.74 FEET, MORE OR LESS, TO A DEGREES 30 MINUTES 22 SECONDS COORDINATES AS SHOWN ON EXHIBIT AND SIBXHA" _ "All) CALLS IS STATE PLAN THE BEGINNING OF THE HEREIN 93SOOIBFDEETINTHENCENSOUTHU21 DEGREESE21 30 MINUTES 22 SECONDS EAST, MORE OR LESS, TO THE EASTERLY MINUTES 34 SECONDS WEST, 239 . 11 FEET, PA FiC RIGHT OF WAY LINE OF THE OF THE HEREINKEDESCRIBEDULINEI, INCRANE RAILROAD AND THE TERMINUS COUNTY, ILLINOIS. TOGETHER WITH A CONSTRUCTION ONETHEt4ATTACHEDIEXHIBITE"ABOVE DESCRIBED PERMANENT EASEMENT AS A __