HomeMy WebLinkAbout01-260 Recorded t
Resolution No. 01-260
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT
FOR WATER MAIN PURPOSES FROM NORTHERN ILLINOIS GAS COMPANY
(Brandt Drive)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be
and are hereby authorized and directed to execute a grant of
easement for water main purposes from Northern Illinois Gas Company
for the property legally described on the Grant of Easement, a copy
of which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to cause the grant of easement to be
recorded in the office of the Recorder of Deeds of Cook County,
Illinois .
s/ Ed Schock
Ed Schock, Mayor
Presented: September 26, 2001
Adopted: September 26, 2001
Omnibus Vote : Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
0011134639
7313 0193 38 Gel r3!ae i of ,
Sec 6 T41N RO9E - 3 PM 2001-12-03 16 19 02
.Hanover Twp Cook Co IIIII I II IIII I I IIIII I IIII 1111
Dubuque Transmission R/W 0011134639
WO (None) Pcl 6-16
PIN 06-06-200-018
NICOR GAS
GRANT OF EASEMENT
(Brandt Drive Water Main)
THIS INDENTURE, made and entered into this — day of 0V C nn b €1 ,
2001, by and between NORTHERN ILLINOIS GAS COMPANY, a corporation organized and existing
under and by virtue of the laws of the State of Illinois, doing business as NICOR GAS (hereinafter
sometimes referred to as "Grantor") and the City of Elgin, 150 Dexter Court, Elgin, Illinois, 60120-
5555, an Illinois municipal corporation, (hereinafter sometimes referred to as "Grantee"):
WITNESSETH:
WHEREAS, Grantee has requested Grantor to grant unto it a non-exclusive perpetual easement to
install, construct, reconstruct, operate, maintain, alter, repair, replace and remove a 12-inch diameter
water main in a 36-inch diameter bored and jacked steel casing pipe (hereinafter referred to as "Facility")
in, under, upon and across certain real property owned by Grantor in Cook County, Illinois (hereinafter
referred to as the "Easement Premises").
WHEREAS, Grantor, insofar as it has the right so to do, is willing to grant unto Grantee a non-
exclusive perpetual easement for said Facility, but only upon the terms, covenants and conditions
hereinafter set forth:
NOW, THEREFORE, in consideration of ten and no/100 ($10.00) dollars and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in further
consideration of the mutual covenants and agreements hereinafter set forth, Grantor hereby grants,
without warranty of title, unto Grantee, its successors and assigns, a non-exclusive perpetual easement to
install, construct, reconstruct, operate, maintain, alter, repair, remove and replace said Facility in, under,
upon, through and across the following described Easement Premises:
A parcel of land situated in the East Half of the East Half of Fractional Section 6, Township 41
North, Range 09 East of the Third Principal Meridian, Hanover Township, Cook County, Illinois,
said parcel of land ten (10) feet wide lies five (5) feet to the east and five (5) feet to the west of the
centerline of said Facility as said Facility extends in a general north to south direction across that
sixty (60.0) foot wide strip of land acquired by Northern Illinois Gas Company from Marjorie
Wilson Hartmann and William M. Hartmann by deed dated April 28, 1959 (recorded in Cook
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11114639
County, Illinois, as Document# 17588255); the centerline of said Facility intersects the south line
of said 60.0 foot wide strip of land at a point approximately ten (10.0) feet west from the east line
Drive (extended northerly in a straight line) of the sixty-six (66.0) foot wide right-of-way for
Toastmaster Drive.
The easement for said Facility herein granted by Grantor to Grantee is granted in perpetuity for
said Facility and upon the following additional terms, covenants and conditions, which Grantee, for and
on behalf of itself, its successors and assigns, expressly acknowledges, undertakes and agrees to fulfill
and discharge, to-wit:
1. The easement herein granted shall be exercised by Grantee in a manner that will not in
Grantor's sole judgment unreasonably interfere with the present or future installations or operations of
Grantor upon the premises. In the event that Grantor shall hereafter decide to alter or relocate its present
facilities at this location or shall decide to construct additional facilities at this location, and in the event
any of the Facility constructed by Grantee pursuant to this Easement Agreement shall interfere with such
proposed use of the premises of Grantor, Grantor shall deliver to Grantee a written notice describing such
proposed use and stating that said Facility of Grantee will interfere with such proposed use. This notice
shall be accompanied by an itemized list of any additional costs to be incurred by Grantor if Grantor alters
its proposed use to avoid interference with said Facility. Upon receipt of such notice and itemization of
additional costs, Grantee shall have the option of either (1) notifying Grantor within 30 days of the receipt
of such notice that it elects to relocate said Facility, at its sole cost and expense, within a period of 120
days to another location on the property of Grantor mutually agreed upon by the parties hereto; or, (2)
notifying Grantor within ten days of the receipt of such notice that it elects to pay Grantor for all
additional costs to be incurred by Grantor, as shown by the itemization of cost submitted by Grantor. In
the event Grantee shall elect to relocate said Facility, Grantee shall promptly take all steps necessary to
complete such relocation within a reasonable time, and in no event later than 60 days from the date of
such notice. In the event Grantee shall elect to reimburse Grantor for the additional costs to be incurred
by Grantor, this amount shall be paid to Grantor within 120 days of request.
2. Prior to undertaking the installation of said Facility, Grantee shall provide Grantor with
detailed plans and specifications as to the location and as to the method or manner of installation and
construction of said Facility and Grantee shall obtain Grantor's written approval and consent to such plans
and specifications. Upon receipt of such plans and specifications submitted by Grantee, Grantor shall
promptly review such plans and specifications and notify Grantee of its approval or its objections thereto.
Any proposed changes in said plans before or after installation or any additional attachments, equipment
or appurtenances required for said Facility after installation shall be submitted to Grantor for its written
approval and no work shall be performed until written approval has been obtained. In no event shall the
written approval of Grantor be unreasonably withheld.
3. Except for routine maintenance, operation and inspection of said Facility, and except in an
emergency, all construction, reconstruction, installation, maintenance, repair and removal work to be
performed by Grantee on the Easement Premises, shall be performed at such time as shall have been
approved in advance by Grantor. Notice of any such proposed work shall be given Grantor as least forty-
eight (48) hours prior to the proposed commencement thereof.
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All such work shall be performed in the presence of a representative of Grantor in a manner
satisfactory to such representative. Grantor may, at its option, perform any protective work which it
deems necessary to insure the safety of its facilities in the area of Grantee's proposed work, or it may
request Grantee to perform such work. In the event it elects to perform such work, Grantor shall make a
reasonable effort to complete any such protective work prior to Grantee's proposed time for
commencement of its work, but in the event such protective work cannot be completed by Grantor prior
to Grantee's proposed time for commencement of work, Grantee shall postpone the commencement of
such work until such time as Grantor has completed any such protective work. The expense of such
protective work shall be borne by Grantee.
4. Grantee shall reimburse Grantor for any costs or expenses, sustained or incurred in connection
with any damage or injury to Grantor Or to any property of Grantor in the course of construction,
reconstruction, operation, maintenance, alteration, repair, replacement or removal of Grantee's Facility.
5. All installation, construction, reconstruction, operation, repair, replacement or removal work
performed by Grantee pursuant to the easement granted by this indenture shall conform to the following
rules and regulations:
a. Except as otherwise provided in Section 3., and unless otherwise agreed
by Grantor, no work shall be done on Grantor's property without
Grantor's representative being present, for which Grantee agrees to
reimburse the reasonable cost of such Grantor's representative;
b. There shall be NO blasting on the Premises;
c. NO manholes or junction boxes shall be installed on the Easement
Premises without the express written permission of Grantor;
d. NO large rocks or unsuitable material will be allowed in the backfill; all
such large rocks and unsuitable material will be removed from the
Easement Premises and from Grantor's property and properly relocated or
disposed of by Grantee; the determination of what is a "large rock" or
what is "unsuitable material" shall be made solely by Grantor's on-site
representative in said on-site representative's reasonable judgement;
e. Bore-pits or jacking pits used in connection with the installation of the
Facility shall not be installed on the Easement Premises or on Grantor's
property;
f. NO materials shall be stored or stockpiled on Grantor's property;
g. NO trees, bushes or shrubs shall be planted or nurtured on Grantor's
property;
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h. The Facility will be installed under Grantor's existing 22-inch diameter
and 36-inch diameter natural gas transmission pipelines, maintaining a
minimal vertical clearance of two feet between the bottom of the pipelines
and the top of the Facility, to the satisfaction of Grantor's on-site
representative, and at the sole expense of the Grantee; NO other facilities
or improvements are permitted within the Easement Premises without the
express written approval of Grantor;
i. Natural drainage of the premises shall not be impaired; upon completion
of said work, Grantee shall remove from the premises all unused
excavated material, including rock and debris, and shall replace all back-
filling material in a neat and workmanlike manner; Grantee shall leave the
premises and any adjacent property used by it in connection with the
construction, reconstruction, maintenance, alteration, repair, replacement
or removal of said Facility, in a neat, clean and orderly condition;
j. Prior to the start of construction, 72 hours notice shall be given to the
Grantor's Transmission Department in Elk Grove Village at 630-983-
8888, ext. 3145.
This specification, including all items "a." thru "j.", is to be put on all final
"approved for construction" drawings.
6. Grantee shall furnish, upon completion, to Grantor, an engineering drawing accurately
showing the installed location of its Facility.
7. Grantee shall at all times, and under all circumstances, indemnify, protect and save harmless,
Grantor, its successors and assigns, from and against any and all damages, losses, claims, demands,
actions and causes of action whatsoever (including any reasonable costs, expenses and attorneys' fees
which may be incurred in connection therewith) whether or not the claim, demand or action asserted be
meritorious, and which results from or is alleged to result from, or which arises out of or in connection
with, or is alleged to arise out of or in connection with, the breach of Grantee of any covenant in this
Easement Agreement, or the non-compliance by Grantee of any applicable law (including, without
limitation, Environmental Laws) at the premises or the installation, construction, reconstruction,
operation, maintenance, alteration, repair, replacement, use, removal or existence of said Facility by
Grantee upon the premises, or the existence of the non-exclusive perpetual easement granted Grantee
hereunder; provided, however, that in the event any such claim, damage, loss, demand, action or cause of
action is asserted against Grantor, Grantor shall furnish Grantee with written notification thereof and
Grantee shall conduct the defense thereof before any court, board, commission or other governmental
body exercising jurisdiction therein with counsel acceptable to Grantor and at Grantee's expense. No
settlement or compromise of any such claim, damage, loss, demand, action or cause of action shall be
made unless agreed to by Grantor. Grantor, its successors and assigns, shall not be liable to Grantee, or
Grantee's successors and assigns, for any damages or injuries to any persons or to said Facility or any
other property of Grantee situated or located in, on, about or upon the property subjected to this
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easement, except to the extent that injuries or damages are caused by the willful or negligent act of
Grantor, its successors or assigns.
The foregoing indemnification, defense and hold harmless obligations shall survive any
termination of this Easement Agreement. The acts of the respective employees, representatives, agents or
contractors of Grantor or Grantee, as the case may be, shall be deemed to constitute the acts of Grantor
and Grantee respectively for the purposes of this Section 7.
8. Grantee hereby covenants that the use and operation of the premises by Grantee will at all
times comply with any and all applicable laws, including, without limitation, Environmental Laws, and
that Grantee shall not cause or permit any Hazardous Material to be introduced to or handled on the
premises.
As used herein, the term "Environmental Laws" shall mean and refer to all applicable laws,
ordinances, requirements and regulations (including consent decrees and administrative orders) relating to
public health and safety and protection of the environment and the term "Hazardous Material" shall mean
and refer to any hazardous substance or any pollutant or contaminant defined as such in (or for purposes
of) the Comprehensive Environmental Response, Compensation, and Liability Act, any so-called
"Superfund" or "Superlien" law, the Toxic Substance Control Act, or any other Federal, state or local
statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing
liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or
material, as now or at any time hereafter in effect, or any other hazardous, toxic or dangerous waste,
substance or material (including, without limitation, asbestos and poly-chlorinated biphenyls and
petroleum and its by-products).
The foregoing covenant survive any termination of this Easement Agreement. The acts of the
respective employees, representatives, agents or contractors of Grantor or Grantee, as the case may be,
shall be deemed to constitute the acts of Grantor and Grantee respectively for the purposes of this Section
8.
9. Grantee agrees before the commencement of any work on Grantor's property hereunder that
Grantee shall require any contractor (or contractors) to procure comprehensive general liability insurance
(including Contractual Liability on a blanket broad form basis) and property damage insurance in form
reasonably acceptable to Grantor which will protect and save harmless Grantor as stated therein. Limits
of such comprehensive general liability insurance shall be $2,000,000 for each occurrence with respect to
bodily injury or death and property damage. In addition, workers' compensation (with statutory limits)
and employer's liability (with limits of $1,000,000) shall be procured. Such insurance shall be with a
company or companies licensed by the State of Illinois and shall remain in full force and effect during the
period of construction and until completion of all work on Grantor's property, and thereafter as respects
occurrences and losses which are caused or occur within the period aforementioned. Copies or
certificates of said policy or policies of insurance shall be delivered to Grantor in care of: Nicor Gas, Real
Estate Department, 1844 Ferry Road, Naperville, Illinois, 60563-9600.
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10. In the event Grantee, its successors, or assigns, deem it necessary to cease operation of its
Facility or cease to use said Facility for a period of twelve (12) consecutive months, Grantee, its
successors or assigns, shall notify Grantor in writing within 30 days of such termination and provide
Grantor with a properly executed release of this easement. The easement granted herein shall cease and
terminate without the necessity of any notice to Grantee, by Grantor, in the event of non-use by Grantee.
11. In the event Grantee, its successors or assigns, shall fail to fulfill and discharge any of its
obligations herein, or shall fail to comply with the terms and conditions hereof, and in the event such
failure or non-compliance shall continue for a period of thirty (30) days after written notice to it of such
failure or non-compliance for a period of thirty (30) days after written notice to it of such failure or non-
compliance, then and in that event, at the option of Grantor, the easement granted hereunder shall
terminate and Grantee's rights hereunder shall be of no further force and effect.
12. Any electrolysis mitigating methods or equipment used in connection with Grantee's Facility
shall be coordinated with methods or requirements of Grantor, and Grantee agrees to provide and install,
at its sole cost and expense, such equipment as may be necessary to mitigate any electrolysis or induced
AC current caused by the presence of said Facility in, under, upon, through and across the premises.
13. Any notice herein provided to be given shall be deemed properly given if in writing and
delivered personally or mailed to Grantor in care of:
Manager - Real Estate
Nicor Gas
Real Estate Department
1844 Ferry Road
Naperville, Illinois 60563-9600
or to Grantee: City Engineer
150 Dexter Court
Elgin, Illinois 60120-5555
or to such other persons or addresses as the parties may from time to time designate.
14. Prior to any digging on the subject property, including easement area, the Grantee shall call
J.U.L.I.E. at (800) 892-0123, for a location of facilities on the property.
15. This indenture shall inure to the benefit of and be binding upon the respective successors and
assigns of the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have caused this indenture to be executed by their
proper officers, thereunto duly authorized and their respective corporate seals to be hereto affixed, as of
the day and year first above written.
ATTEST: NICOR GAS
BY_,e_ By kt`(1
Assistant Secretary VI esi e t I
ATTEST: CITY OF ELGIN
By hit-CCAr.
By
City Clerk Mayor
This Document Prepared By: Property Address:
Nicor Gas Vacant Land
Real Estate Department E/2 E/2 of Fractional Sec 6
P.O. Box 190 T41N, RO9E, 3PM
Aurora, IL 60507 Hanover Twp, Cook Co, IL
After recording return to:
Elgin City Clerk
150 Dexter Court
Elgin, IL 60120
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111.14;39
STATE OF ILLINOIS )
) SS
COUNTY OF DU PAGE )
I, a X , M Q a i k--, , a Notary Public in and for said County, in
the State aforesaid, do hereby certify that A • e r o 2 k e- , Vice
President of NORTHERN ILLINOIS GAS COMPANY, an Illinois corporation, doing business as
NICOR GAS, and M r k- k ^o , Assistant Secretary of said Company,
personally known to me to be the same persons whose names are subscribed to the foregoing instrument
as such Vice President and Assistant Secretary, respectively, appeared before me this day in person, and
acknowledged that they signed and delivered said instrument as their own free and voluntary act and as
the free and voluntary act of said Company, for the uses and purposes therein set forth; and said Assistant
Secretary did also then and there acknowledge that he, as custodian of the corporate seal of said
Company, did affix said corporate seal of said Company to said instrument as his own free and voluntary
act, and as the free and voluntary act of said Company, for the uses and purposes therein set forth.
.�.
Given under my hand and notarial seal this day of Naue er , A.D., 2001.
))/t1_,1/44,06,
Notary Public
My Commission Expires:
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