HomeMy WebLinkAboutS-934 Ordinance No . S-934
AN ORDINANCE
GRANTING AN EASEMENT FOR GAS PIPE LINE TO THE NORTHERN ILLINOIS
GAS COMPANY , AN ILLINOIS CORPORATION , ON REAL PROPERTY OWNED
BY THE CITY OF ELGIN .
WHEREAS , the Northern Illinois Gas Company , an Illinois cor-
poration , has requested that the City of Elgin grant and convey
a perpetual easement to construct and maintain a gas main and
appurtenant facilities on , over , and in certain property owned
by the City of Elgin , and
WHEREAS , the Northern Illinois Gas Company has agreed to pay
the City of Elgin the sum of Ten Thousand Dollars ( $10 ,000 . 00)
in consideration for said easement and also an additional sum
of Seven Thousand Seventy-three and 72/ 100 Dollars ( $7 ,073 . 72 )
as and for damages for the trees which will be removed by the
Northern Illinois Gas Company from said easement , and
WHEREAS , in further consideration of said easement , the
Northern Illinois Gas Company has agreed that it will replace
and repair the pavement of all roads in any way damaged or
disturbed by the exercise of the easement and will pay proper
damages to the City of Elgin in the event that any City property
is in any way damaged or destroyed by reason of the construction
of said gas pipe line .
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN , ILLINOIS :
Section 1 . That the Mayor and City Clerk of the City of
Elgin be and they hereby are authorized and directed to execute
an easement for gas pipe line on City of Elgin property in the
following manner and form , to-wit :
"The City of Elgin , a municipal corporation of the
State of Illinois ( the "City" ) for and in consideration
of Ten Dollars and the undertakings herein contained hereby
gives , grants and conveys to Northern Illinois Gas Company ,
an Illinois corporation ( the "Gas Company" ) , a perpetual
easement to construct , install , operate , use , maintain ,
renew , replace , or remove a gas main and appurtenant
facilities on , over and in property owned by the City .
The location of said easement premises is as follows :
An easement 30 feet in width for a proposed 36"
or 42" natural gas pipe line to be located in
part of the South East quarter of Fractional
Section 1 , Township 41 North , Range 8 East of
the Third Principal Meridian , Kane County ,
Illinois , the center line of which is described
as follows :
Commencing at the intersection ,of the Westerly
right of way line of Illinois State Highway Route
25 (Dundee Avenue) , and the North line of Lot 12
in Trout Park River Bluff Addition , a subdivision
in said Section 1 , Recorded June 14 , 1924 , as
Document No . 238582 , said intersection being 66 . 25
feet East of the North West corner of said Lot 12 ;
thence North Easterly along said Westerly right of
way line , being also the Westerly line of Illinois
State Toll Highway Commission Parcel N-6A-5 . 1 , a
distance of 120 . 74 feet , for a point of beginning ;
thence North 87 degrees , 56 minutes West along a
line drawn parallel with the North line of Lots 1
to 12 inclusive in said Subdivision , a distance of
585 . 3 feet ; thence North 82 degrees , 05 minutes West
a distance of 187 , 4 feet ; themQe North 55 degrees ,
38 minutes West a distance of 72 . 5 feet ; thence
North 76 degrees , 08 minutes West a distance of
70 . 0 feet ; thence North 76 degrees , 16 minutes , 30
seconds West a distance of 397 , 7 feet ; thence
North 43 degrees , 48 minutes West a distance of
16 . 6 feet more or less to the Easterly curved right
of way line of Duncan Avenue , all in Kane County ,
Illinois
This easement is granted upon the following express
conditions :
(a ) That the Gas Company replaces and repairs the
pavement of all roads in said Trout Park in any way
damaged or disturbed by the exercise of this easement ;
( b ) That the Gas Company shall replace proper top soil
and suitable turf on all areas where construction takes
place , in a condition comparable to that existing before
said gas main was installed , and shall furnish and plant
maple trees as directed by the City for restoration of
the easement area ;
(c ) That said gas main and appurtenant facilities be
constructed and maintained in a sufficient distance
beneath the surface of the above described premises
and so constructed as to permit the use of the surface
of said premises as a road and for park purposes in the
same manner as they are presently being utilized ;
(d ) That the Gas Company disturb the City ' s property as
little as possible , consistent with good engineering
practices and that after the construction of said main
the company permit the easement premises to revert back
to their natural state ,
" In Witness Whereof , the City of Elgin has caused this
easement to be executed in its name by its Mayor and the
City seal to be hereunto affixed and attested by its Clerk
this day of September 1969 , pursuant to an ordinance
duly passed by the City of Elgin .
City of Elgin
By s/ E. C. Alft
Mayor
Attest :
s/ Margaret A. Shales
City Clerk
The conditions of said easement are accepted this day
of September 1969 .
Northern Illinois Gas Company , an
Illinois corporation
By
Section 2 . That the foregoing easement shall be delivered
to the Gas Company upon payment -of the aforementioned considera-
tion and damages in full and upon acceptance of the conditions
of said easement by said Northern Illinois Gas Company .
Section 3 . That this ordinance shall be effective from and
after its passage as provided by law and shall be published in
pamphlet form by authority of the City Council .
E. C. Alft (Signature)
E . C . Alft , Mayor
Presented : September 10, 1969
Passed : September 10, 1969
Vote : Yeas 5 Nays 0
Recorded : September 10, 1969
Published : September 10, 1969
Attest :
Margaret A. Shales, Signature
Margaret A . Shales , City Clerk