HomeMy WebLinkAbout03-111 Recorded •
Resolution No. 03-111
RESOLUTION
AUTHORIZING EXECUTION OF A PIPELINE EASEMENT AGREEMENT
FOR WATER MAIN PURPOSES FROM THE COMMUTER RAIL DIVISION
OF THE REGIONAL TRANSPORTATION AUTHORITY
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 Pipeline
Easement Agreement for water main purposes from the Commuter
Rail Division of the Regional Transportation Authority for the
property legally described on Exhibit A, a copy of which is
attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to cause the Pipeline Easement Agreement
to be recorded in the office of the Recorder of Deeds of Kane
County, Illinois .
s/ Ed Schock
Ed Schock, Mayor
Presented: April 23 , 2003
Adopted: April 23 , 2003
Omnibus Vote: Yeas : 6 Nays: 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
FILED FOR RECORD
• KANE COUNTY. ILL.
2003KI00958 ZO) JUNI9 AM8 5
RECORDER
MAP ATTACHED
PIPELINE EASEMENT AGREEMENT FROM THE
COMMUTER RAIL DIVISION OF THE
REGIONAL TRANSPORTATION AUTHORITY
After recording return to:
Dolonna Mecum G
Elgin City Clerk
150 Dexter Court
Elgin, IL 60120
POOR ORIGINAl.�
erd*r Not Responalbii /'�
ForReproductlons ,
J 1
f
N01172 .k
PIPELINE EASEMENT AGREEMENT
The Commuter Rail Division of the Regional Transportation Authority, a division of an
Illinois municipal corporation("Metra"),whose address is 547 West Jackson Boulevard, Chicago,
Illinois 60661,hereby grants to the City of Elgin,a Municipality of Illinois with offices located at
150 Dexter Court,Elgin,Illinois 60120-5555 ("Grantee"),a non-exclusive easement,being five feet
(5)feet in width for pipeline purposes ("Easement") and no other purpose, along the right of way
and tracks(or track, as the case may be)of Metra delineated on the plat attached to and made a part
of this Easement as Exhibit "A" ("Premises")together with the right of reasonable access thereto
for the purpose of exercising the rights and privileges granted in this Easement. Metra and Grantee
are hereinafter sometimes individually referred to as a "Party" and collectively referred to as the
"Parties".
That for and in consideration of payments to be made to Metra by Grantee, as hereinafter set
forth, and also of the covenants and agreements hereinafter stated, Metra hereby grants to Grantee
the right to install a 20 inch pipeline,for the purpose of transporting potable water and an 8 inch
ductile iron sanitary sewer, for the purpose of transporting sewage and protecting the watermain
from contamination ("Pipeline")and thereafter to maintain,operate and renew the same during the
continuance of this Easement, across,underneath or along the Premises.
This Easement is granted upon the following express conditions, terms and covenants to be
observed,kept and performed by Grantee:
1. (a) As one of the considerations for this Easement,Grantee agrees to pay to Metra
the sum of$0.00 for the cost of preparing this Easement,payable in advance.
(b) Additionally,Grantee shall pay to Metra as fair and reasonable compensation
an annual Easement fee in the amount of$2,200.00 which Easement fee shall be increased annually
at a rate of three percent(3%),payable on or before the first day of the month following the month
of execution of this Agreement in every calendar year of the term of this Easement ("Easement
Fee"). Furthermore, Metra shall have the option to increase the amount of the annual Easement Fee
in accordance with Metra's scheduled rates or market conditions every five (5)years of the term of
this Agreement by sending Grantee written notice of its intention to increase said Easement Fee at
least sixty (60) days prior to the completion of each such five (5) year term. In the event this
Easement is terminated prior to the end of a calendar year for which the Easement Fee has been paid
in advance, unearned rent paid for the period subsequent to the termination date or the last day
Pipeemt.fnn.April 7,2003/City OF Elgin/Fraizer Ave.. 1
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Grantee occupies the Premises, whichever is later, shall be refunded to Grantee.
(c) Metra's right to adjust the Easement Fee in accordance with the terms of this
Agreement shall not be invalidated or waived, or deemed to be invalidated or waived,by reason of
Metra's delay in issuing an adjusted Easement Fee bill to Grantee and Metra's failure to send Grantee
an adjusted Easement Fee bill shall be without prejudice to the right of Metra to send an adjusted
Easement Fee bill to Grantee in subsequent years.
2. Said Pipeline shall be installed and constructed in accordance with the specifications
and notes set forth on Exhibit"A". The installation of said Pipeline,including the digging and filling
of any trench and the time and manner of doing all of the work or of any maintenance, repairs,
replacements or renewals upon the Premises, shall be as directed by Metra's authorized representa-
tives. All of said work shall be done at Grantee's sole cost and expense,in a good and workmanlike
manner, and in accordance with plans, specifications, and profiles to be prepared by Grantee and
submitted for approval to Metra's authorized representatives, and until such approval is given, said
work upon the Premises shall not be commenced by Grantee.
3. Upon completion of the initial installation and construction of the Pipeline,and upon
completion of any subsequent installation,reconstruction,maintenance,repair or replacement of the
Pipeline, Grantee, at its own cost and expense, shall remove any debris and restore,or cause to be
restored to the reasonable satisfaction of Metra,the Premises and any other affected portion of
Metra's property ("Property") as nearly as may be,to the same or better condition than that which
existed immediately prior to commencement of such activities by Grantee. In the event Grantee fails
to cause the Premises and the Property to be restored to the reasonable satisfaction of Metra as
provided for herein,Metra shall have the right to restore the Premises and the Property and Grantee
shall reimburse Metra for all costs and expenses incurred by Metra in its performance of the
obligations imposed upon Grantee hereunder.
4. Metra shall permit Grantee reasonable right of entry to the Premises for the purpose
of installing,constructing,replacing,repairing,maintaining and operating said Pipeline.Metra may,
however, restrict the location of entry points or access on or over the Premises.
5. Any rights to the Premises not specifically granted to Grantee herein are reserved to
Metra and its successors and/or assigns. The Pipeline shall be installed, constructed, repaired,
maintained and operated in a manner so as not to interfere with efficient rail operations or any other
business operations or activities being conducted by Metra or Metra's tenants or permittees on the
Premises and so as not to prevent or unreasonably interfere with use and enjoyment of the Premises
by Metra, its employees, agents or permittees for the purpose(s) to which the Premises is now, or
may hereafter be committed by Metra. Metra shall have the right to retain the existing tracks and
other improvements at the location of this Pipeline on or adjacent to the Premises and also shall have
the right at any and all times in the future to construct, maintain and operate over, under, across or
parallel to said Pipeline such additional track or tracks as it may from time to time elect. Nothing
shall be done or caused to be done by Grantee that will in any manner impair the usefulness or safety
Pipeemcfrm.April 7,2003/City OF Elgin/Fraizer Ave.. - 2 - -
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• of the tracks and other improvements of Metra, or such track or tracks and other improvements as
Metra may in the future construct or cause to be constructed over,under, across, or parallel to said
Pipeline. This Easement is expressly subject to the rights of third parties to maintain utility and
other improvements permitted by Metra on the Premises and the Property. Metra reserves the
exclusive right to grant future easements and licenses over, under, across or parallel to the said
Pipeline, provided such easements and licenses do not interfere with the Pipeline and the rights
granted Grantee pursuant to this Agreement, as determined by Metra in its sole discretion.
6. Grantee agrees that it will bear and pay the entire cost of constructing,maintaining,
repairing, replacing and operating said Pipeline. Grantee shall install, construct, maintain, repair,
replace,and operate the Pipeline in accordance with all applicable federal, state and local municipal
laws,ordinances,rules and regulations promulgated by governmental authorities. Grantee shall not
commence work upon the Premises until Metra shall have approved Grantee's plans, specifications
and profiles, such approval not to be unreasonably withheld or delayed. Metra's approval of
Grantee's plans, specifications and profiles, shall not relieve Grantee of the duty to verify that the
plans, specifications and profiles, and all amendments thereto, are in compliance with the
requirements of this paragraph.
7. Grantee shall give to Metra reasonable advance written notice of the time when
Grantee will commence any construction, replacement, repair or maintenance of said Pipeline in
order that Metra may,if it so desires, have its representative(s)present for the purpose of directing
said work so that the same may be done in a manner satisfactory to Metra. Metra in no way waives
any rights by failing to have said representative present.
8. Grantee shall not place,keep, store or otherwise permit to be placed, kept or stored
on the Premises or the Property any equipment or materials except during such time as Grantee's
employees, agents or contractors are physically present and conducting activities permitted under
the terms of this Easement. Grantee agrees that it shall not operate or cause to be operated any
vehicle of any kind on the Premises,on any track or on the Property without prior authorization from
Metra's authorized representative; provided, however, that Grantee shall not be prohibited from
operating Grantee's vehicles and equipment on any public crossing of Metra's tracks and rights of
way. To the extent that in the reasonable opinion of Metra or its designee, flagging and
supervisory services are deemed necessary by reason of the installation, construction, repair,
renewal, alteration or removal of said Pipeline, Grantee shall, upon receipt of a bill or invoice
therefor, reimburse Metra or its designee for the reasonable cost and expense of furnishing such
flagging and supervisory services.
9. Grantee agrees that before and during the installation, construction, replacement,
repair, maintenance, or operation of said Pipeline, or at any other time, Metra shall have the right
to provide such safe and temporary structures as it may deem necessary for safely caring for and
preserving its tracks, buildings or other improvements and Grantee agrees to pay to Metra the entire
cost of putting in or removing such temporary structures and of restoring the Premises and the
Property as near as may be to the same condition that existed before the commencement of said
Pipeemarm.April 7,2003/City OF Elgin/Fnuzer Ave.: 3
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• work.
10. Grantee agrees that it will, immediately upon receipt of a statement showing the
amount thereof, pay all costs of any and all work performed upon the right of way and tracks of
Metra which shall be made necessary by the construction,maintenance,repair,replacement,renewal
or presence thereon of said Pipeline.
11. Grantee agrees that should the construction, maintenance, operation, repair or
presence of the Pipeline necessitate any change or alteration in the location or arrangement of any
other pipelines, appurtenances or other improvements located on the Premises or the Property,the
cost of such change or alteration shall be paid by Grantee within thirty (30)days of presentation of
a bill by Metra. Grantee further agrees that if, at any time,Metra shall desire to change the location
or grade of its track or tracks or shall desire to use or allow third party railroads to use its right of
way at said point of crossing or at any point along a parallel course with the Pipeline for any purpose
whatsoever, including but not limited to track installations by Metra or third parties, Grantee, at its
own cost and expense, shall alter, relocate or make all changes to the Pipeline required by Metra.
If Grantee shall fail, neglect or refuse to relocate or make such change(s)to the Pipeline for a period
of ninety(90)days after the receipt of written notice from Metra,then Metra may make or cause to
be made such relocation or change(s) at the expense of Grantee.
12. Grantee shall at all times install,construct,replace,repair,maintain and operate said
Pipeline in a secure, safe and sanitary condition and in accordance with all applicable laws,
ordinances,rules and regulations. Grantee shall take all reasonable safety precautions to adequately
secure the Premises,warn of risks and ensure the safety of the public during periods of construction,
reconstruction, replacement, repair, maintenance and operation of the Pipeline. If the manner of
installing,constructing,repairing,maintaining,replacing or operating said Pipeline shall at any time
be in violation of any applicable law, ordinance,rule, or regulation promulgated by governmental
authority,then Grantee shall,at no cost or expense to Metra,upon receipt of appropriate notice from
a governmental agency having enforcement jurisdiction over the Premises, make such changes or
repairs as shall be necessary. Failure or refusal of Grantee to make the required changes or repairs
within the time prescribed by said agency shall terminate this Agreement, and Grantee's rights and
interest shall revert to Metra; provided,however,that this Agreement that it shall not terminate as
long as Grantee, in good faith and by pursuit of appropriate legal or equitable remedies, enjoins,
defends against, appeals from or pursues other lawful measures to avoid the enforcement of said
laws, ordinances,rules or regulations or so long as Grantee is diligently pursuing compliance..
13. To the fullest extent permitted by law,Grantee hereby assumes and agrees to release,
acquit and waive any rights which Grantee may have against and forever discharge Metra, the
Regional Transportation Authority("RTA")and the Northeast Illinois Regional Commuter Railroad
Corporation ("NIRCRC"), their respective directors, administrators, officers, employees, agents,
successors,assigns and all other persons,firms and corporations acting on their behalf or with their
authority from and against any and all claims, demands or liabilities imposed upon them by law or
otherwise of every kind,nature and character on account of personal injuries, including death at any
Pipeeintmnn April 7,2003/City OF Elgin/Fraizer Ave.: 4
' time resulting therefrom, and on account of damage to or destruction of property arising out of or
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in any way relating to or occurring in connection with the use of the Premises for the purposes set
forth in this Agreement, which may occur to or be incurred by Grantee, its employees, officers,
agents and all other persons acting on Grantee's behalf while on the Premises or the Property, or
arising from the condition of the Premises during the term of this Agreement,whether or not such
injuries or damages are caused by the actions, omissions or negligence of Metra, the RTA, or the
NIRCRC. Notwithstanding anything in this Easement to the contrary, the releases and waivers
contained in this paragraph shall survive termination of this Easement.
14. To the fullest extent permitted by law, Grantee agrees to indemnify,defend and hold
harmless Metra, the RTA and the NIRCRC, their respective directors, administrators, officers,
agents, employees, successors, assigns and all other persons, firms and corporations acting on their
behalf or with their authority,from and against any and all injuries,liabilities,losses,damages,costs,
payments and expenses of every kind and nature(including court costs and attorneys'fees)as a result
of claims, demands, actions, suits,proceedings,judgments or settlements, arising out of or in any
way relating to or occurring in connection with Grantee's use of the Premises for the purposes set
forth in this Agreement or the condition of the Premises, which may occur to or be incurred by
Grantee, its employees, officers, agents, and all other persons acting on its behalf while on the
Premises or the Property,whether or not such injuries, liabilities, losses, damages, costs,payments
or expenses are caused by the actions,omissions or negligence of Metra,the RTA or the NIRCRC.
Metra agrees to notify Grantee in writing within a reasonable time of any claim of which it becomes
aware which may fall within this indemnity provision. Grantee further agrees to defend Metra,the
RTA,the NIRCRC,their respective directors,administrators,officers,agents and employees against
any claims, suits, actions or proceedings filed against any of them with respect to the subject matter
of this indemnity provision, whether such claims, suits, actions or proceedings are rightfully or
wrongfully made or filed; provided,however,that Metra, the RTA and the NIRCRC,may elect to
participate in the defense thereof at their own expense or may, at their own expense, employ
attorneys of their own selection to appear and defend the same on behalf of Metra, the RTA, the
NIRCRC,and their respective directors,administrators,officers,agents or employees. Grantee shall
not enter into any compromise, or settlement of any such claims, suits, actions or proceedings
without the consent of Metra, the RTA and the NIRCRC,which consent shall not be unreasonably
withheld. Notwithstanding anything to the contrary contained in this Agreement, the indemnities
contained in this paragraph shall survive termination of this Easement and the indemnification and
hold harmless provisions set forth in this Agreement shall not be construed as an indemnification
or hold harmless against and from the negligence of Metra,the RTA or the NIRCRC with respect
to any construction work performed by Grantee or those performing on behalf of or with the
authority of Grantee in violation of the Illinois Construction Contract Indemnification for Negligence
Act.
15. Prior to entering upon the Premises, Licensee agrees to furnish insurance in form
and in such amounts as required by Metra's Risk Management Department (312-322-6991) and
shall deliver to Metra's Risk Management Department certificates of insurance or such other
documentation acceptable to Metra's Risk Management Department evidencing the acquisition of
Pipeemtfrm April 7,2003/City OF Elgin/Freizer Ave.. 5
the required insurance to construct, install, use, maintain, repair, replace, operate and renew the
Pipeline in accordance with the terms of this Easement.
To the fullest extent permitted by law,during all periods that Grantee or those persons
authorized by or acting on behalf of Grantee are on the Premises to perform or cause to be performed
any installation,construction,maintenance,or repair with respect to the Pipeline,Grantee shall cause
each of Metra,the NIRCRC and the RTA to be designated as additional insureds on all insurance
policies relating to the Premises and shall provide proof thereof to Metra prior to entering upon the
Premises. At a minimum, Grantee shall obtain and keep in force the following insurance relating
to the Premises:
a. Worker's Compensation(Coverage A)in an amount no less than required under State
law.Additionally,Employer's Liability(Coverage B)in an amount no less than Five
Hundred Thousand Dollars ($500,000.00);
b. Comprehensive Automotive Liability Insurance with coverage of no less than Two
Million Five Hundred Thousand Dollars ($2,500,000) combined single limit;
c. Commercial General Liability with coverage of no less than Five Million Dollars
($5,000,000)per occurrence; and
d. Railroad Protective Public Liability Insurance (AAR-AASHTO form) in the name
of Metra, the RTA, the NIRCRC, (additional railroad(s) at Metra's discretion),
providing for a limit of no less than Two Million Dollars ($2,000,000.00) single
limit, bodily injury and/or property damage combined,for damages arising out of
bodily injuries to or death of any person in any one occurrence and for damage to or
destruction of property, including the loss of use thereof, in any on occurrence.
Grantee will furnish such insurance with an aggregate of no less than Six Million
Dollars ($6,000,000.00)for all damages as a result of more than one occurrence.
Grantee or its contractor(s) shall not commence any work until it has obtained and provided the
required insurance and has received approval of same by Metra. All policies must be in full force
at the time of submission and shall not be canceled, modified, limited or allowed to expire without
having given Metra thirty (30) days prior written notice of such. Notice must be sent via certified
mail to: Metra, Attention: Director, Risk Management, 1 lth Floor, 547 West Jackson Boulevard,
Chicago, Illinois 60661.
Grantee's failure to obtain or to cause its contractors to obtain proper insurance coverage or to insure
Metra,the NIRCRC or the RTA as additional insureds shall not,at any time,operate as a waiver of
each Grantor's right to indemnification and defense against any claims,damages or injuries covered
under the terms and provisions of this Agreement.During the term, Metra may make commercially
reasonable increases in the amount of insurance required by Grantee or its contractor(s) and/or sub-
contractor(s) under the terms and provisions of this Agreement.
6
Pipeemt.fnn.April 7,2003/City OF Elgin/Fntiur Ave.. _
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16. This Easement may be terminated by Metra effective sixty (60) days after giving
notice to Grantee if the Premises,or any portion thereof,is needed for any Metra or railroad purposes
as determined by Metra in its sole discretion or immediately upon notice to Grantee if Grantee ceases
to operate or maintain the Pipeline or violates any of the terms,conditions or provisions set forth in
this Easement. In case of termination, Grantee shall remove from the Premises said Pipeline and
shall restore said Premises to the same or better condition than that which existed prior to the
construction and installation of said Pipeline; or upon failure,neglect or refusal of Grantee to do so,
Metra may make or cause to be made such removal and restoration, and the total cost hereof shall
be paid by Grantee; or,if Metra shall so elect,it may treat the said Pipeline as abandoned by Grantee
and may make such disposition thereof as it may see fit. All rights and interest in and to said
Premises shall revert to Metra if Grantee vacates, abandons or ceases to use the Premises for a
period of twelve (12) consecutive months. In such event, Grantee shall, upon Metra's request,
execute appropriate documents releasing Grantee's interests.
17. This Easement and all of the terms, conditions, rights and obligations herein
contained shall inure to and be binding upon the Parties, their respective legal representatives,
lessees,permittees,successors and/or assigns whether hereinabove so stated or not;but it is distinctly
agreed that Grantee shall not assign its rights under this Easement without first having received the
prior written consent of Metra. It is Grantee's responsibility to give Metra notice of any change in
the identity of the Grantee. In the event Grantee fails to obtain the required consent to assign its
rights or fails to notify Metra of a change in the Grantee under this Agreement,Metra may terminate
this Agreement or, alternatively, charge Grantee a fee of Fifty Dollars ($50)per day from the date
of the actual assignment or change in Grantee until the date Grantee furnishes to Metra the request
for consent to the assignment or notice of the change in Grantee.
18. All payments required to be made by Grantee to Metra under the terms, conditions
or provisions of this Easement shall be made within sixty (60) days of Grantee's receipt of any
demand or invoice from Metra evidencing the amount of the indebtedness due. Payments not made
within said sixty (60) day period shall accrue interest at a rate of one and one half percent(1 %2%)
per month or the highest amount permitted by Illinois law,whichever is less,from the date payment
is due until paid.
19. All notices, demands and elections required or permitted to be given or made by
either Party upon the other under the terms of this Easement or any statute shall be in writing. Such
communications shall be deemed to have been sufficiently served if sent by certified or registered
mail,return receipt requested,with proper postage prepaid,facsimile transmission or hand delivered
to the respective addresses shown below or to such other party or address as either Party may from
time to time furnish to the other in writing. Such notices,demands,elections and other instruments
shall be considered delivered to recipient on the second business day after deposit in the U.S. Mail,
on the day of successful transmission if sent by facsimile transmission,or on the day of delivery if
hand delivered.
Pipeemtfnn April 7,2003/City OF Elgin/Frazer Ave:: 7
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• (a) Notices to Metra shall be sent to:
Commuter Rail Division
547 W. Jackson Boulevard
Chicago, Illinois 60661
Attn: Director, Real Estate& Contract Management
Phone: (312) 322-8010
Fax: (312) 322-4288
(b) Notices to Grantee shall be sent to:
The City of Elgin
150 Dexter Ct.
Elgin, Illinois 60120-5555
Attn. Larry E. Deibert,Director of Water Department
Phone: (847) 931-6150
Fax: (847) 931-6152
(c) The City of Elgin
150 Dexter Ct.
Elgin, Illinois 60120-5555
Attn: Loni Mecum,City Clerk
20. This Agreement shall be governed by the internal laws of the State of Illinois. If any
provision of this Agreement, or any paragraph, sentence, clause,phrase or word or the application
thereof is held invalid, the remainder of this Agreement shall be construed as if such invalid part
were never included and this Agreement shall be and remain valid and enforceable to the fullest
extent permitted by law provided that the Agreement, in its entirety as so reconstituted, does not
represent a material change to the rights or obligations of either of the Parties. No waiver of any
obligation or default of Grantee shall be implied from omission by Metra to take any action on
account of such obligation or default and no express waiver shall affect any obligation or default
other than the obligation or default specified in the express waiver and then only for the time and to
the extent therein stated. Whenever the context requires or permits,the singular shall include the
plural, the plural shall include the singular and the masculine, feminine and neuter shall be freely
interchangeable. In the event the time for performance hereunder falls on a Saturday, Sunday or
holiday,the actual time for performance shall be the next business day. This Easement constitutes
the entire agreement between the Parties with respect to the subject matter hereof.
GRANTEE ACKNOWLEDGES THAT INSTRUMENTS OF RECORD, COURT DECISIONS,
OR THE LAWS OF THE STATE IN WHICH THE EASEMENT PREMISES ARE LOCATED
MAY LIMIT THE QUALITY OF ME IRA'S TITLE. GRANTEE FURTHER ACKNOWLEDGES
THAT GRANTEE PURCHASES THE EASEMENT SUBJECT TO THESE POSSIBLE
Pipeemt.fnn.Apri17,2003/City OF Elgin/Fraizer Ave..' • 8
' LIMITATIONS ON THE TITLE AND ASSUMES ALL RESPONSIBILITY FOR INVESTIGAT-
ING THE TITLE TO THE EASEMENT PREMISES AND THE APPLICABLE LAWS OF THE
STATE.
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement as of
this Cl day of �U ne ,20 03.
A IT EST: COMMUTER RAIL DIVISION OF THE
REGIONAL TRANSPORTATION
AUTHORITY:
"///'-
By -06 �/hC)C1 „(-)- {vL, By'
Assistant Secretary 'H..!��'gano
xecutive Director
A IThST: THE CITY OF ELGIN:
By: AQ�-c,,, By: e?"S ---_,,/:,- .
Its: CX Its: Wr-e„
Prepared by:
Hollace C. Murphy, Esq.
Metra Law Department
547 W. Jackson Blvd.
Chicago, IL 60661
Pipeemtfrm.April 7,2003/City OF Elgin/Fraizer Ave..' - 9
•
' STATE OF ILLINOIS )
) SS:
COUNTY OF COOK )
I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO
HEREBY CERTIFY that Philip A. Pagano, personally known to me to be the Executive Director
of the Commuter Rail Division of the Regional Transportation Authority, a division of an Illinois
municipal corporation, and-peterlietS, , personally known to me to
be the Assistant Secretary of said Corporation, and personally known to me to be the same
persons whose names are subscribed to the foregoing instrument, appeared before me this day in
person and acknowledged that as Executive Director and Assistant Secretary of said Corporation,
they signed and delivered the said instrument in their official capacities pursuant to authority given
by the Board of Directors of said Corporation and as the free and voluntary act and deed of said
Corporation, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this y 4r day of (jU,,, , 200 .
4l7
Notary Public
(SEAL)
OFFICIAL,'SEAL
Sr
my coDaassom Emits: os.oka
•
Pipeemtfrm.April 7.2003/City OF Elgin/Fraizv Ave. 10 -
STATE OF ILLINOIS )
) SS.
COUNTY OF KANE )
I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO
HEREBY CERTIFY that Ed Schock , personally known to me
to be the Mayor of the City of Elgin , an
Municipal corporation, and nn1 onna Mecum personally known to
me to be the City Clerk of said Corporation, and personally
known to me to be the same persons whose names are subscribed to the foregoing instrument,
appeared before me this day in person and acknowledged that as _
Mayor and City Clerk of said
Corporation, they signed and delivered the said instrument in their official capacities pursuant to
authority given by the Board of Directors and as the free and voluntary act and deed of said
Corporation, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this 9thday of May , 2003 •
9S
NoIx;ti-
Public
(SEAL
"OFFICIAL SEAL"
SUELLYN LOSCH
Notary Public,State of Illinois
My Commission Expires 10/27/06
Pipes ncfrm.April 7,2003/City OF Elgin/Fraizer Ave.. 11
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90* BEND WITH CONCRETE '— '' '- / REMOVE EXISTING W NIN =747.00 I I
'0-- •" // HYDRANT ASSEMBLY E INV=747.OQ
THRUST BLOCK AT APPROX. FF - N INV=747.00
STA. 1+54 12' ,� ,I,/..i,
' P EXISTING 3 3
it' Z , VALVE VAULT o o REPLACE APPROX. 296 L.F. OF
JACKING PIT I HYDRANT AT 801 N. STATE EXISTING SANITARY a 8" EWER WITH 8" D.I. SEWER
! •i
APPROX. STA. 2+56 SE`AER 1,IAHHOLE a TRK TRK a REPLACEMENT PIPE
RIM=757.49 (r
20" IN—LINE BUTTERFLY VALVE ��1.61 i
; J �:<<: ,1 6�1M TO BE ABIINQOF#D W INY=751.40 W 1 I W ./..,%!,;i1
IN VAULT AT APPROXIMATELY 1fM _` .:«,,�. ti E INV-451.3O m 1 1 ExiST►!vG VALVE vnLa.T }I ,� '��
STA. 1+25 _ j� R< <"'�i 11" C1yIP N INV=,51.90 (;
�/x �— iiiii7
�a�j -• TO B- A6ANDONEo-- f
30' TEMPO RY j 1L1 ' • (TO 8E REPLACE(]} 1 1Ji.ii1'.CONSTRUCTION EASEMENT i ` r` ~,- Ro ., .' 1 I ' ` I '1}"
s 1 !,. 50 _ L,g,r,
' r thlielifee‘'
` _ A .:: 1� ��` ! RE OVE EXISTING / -,* ' Li
. • °`'�� - ---- RAR u , PLACE AS REQUIRED— I I `1 1.,14 rr' N
20 PERMANENT POSTS11 i�� :'- ' k"1°Lar `1 TO MEET NEW INVERT 1 1 H RANT ASSEMBLY ( a,' = ;
EASEMENT �` a lion FRQ 1 1 —8"W TO BE ` m/'� ,. s• ';
ASPH. PARKING LOT i S. i T' /' `" , / ��� �� �7 4 V - �: 2 SE EE5 I I I I I 1 . 1 y •1 1 �d LAWN r'' tb., �. ( Q
• / / i.444 3 ' % i ,"ep ,'�-`'� LTA
-.;.:."/- , f 1' r' 1 1 I I E� 1) 1t '�` '� 'i r C 'n 'tf�' �.
.
REPLACE 20 L.F. OF 12 SEWE6Y"YYtT41 e, oy • t ?`=-=t; ! e d '` i I i �� / / f ti "i44 ! i y}r ll t '` ` ,t / T2`' 'J O
12 .I T M `.� i h. i I }'9 �1 1 jx (Iflf. l it-%' - I iz 1, 14_
D . SEWER RirPLACEMEyfi PIPE SIGN ~� w?� , `+�+�• /;�• r ! Ill! 11r i =� }` . '`j.i 'j 11.. '
i C. Y f ' 2` TiFE 1�I I ! 1 r , i/ • f " s .r`�' 1--.
'atiiif: PROM / L AMERITECH IDGx / \At rG E w-��' f� i �� i } i� i -fir' 4
1-"- Saar are-. �i d f �, • �cr j�.r '!*�.'�. i LOAN' ( i .'I
13.6w.
$ �s�' ✓ GRAVT:11. --EXISTING COMBINED k)/4 4,. ? ' #31411 11; I � V I
J r : P, r�'- j` J; •' 74 ' ►��.�.,.,,,. n+� *1t >ti'r"ih�t i , lia^
I^j/ • ,t LOT SEWER MANHOLE J r /' !r-- ,,f- _ ... i i `.w.+ca �.A® t�s�r . II
a MINIM iai�faq A>� 1 ��irifal'.�!
4 11 ffitA t C' '� f 4 RIM=790.37 . ' l , ;�� f / i �,l j'��`�rw= e ni nTili i ;•LAWN �, � t iEiV- 85.95 r"` i / �� .�.r�NT �� • ..�;Z ;��� pf,
Jr I W INV-786.85 GRASS t{J1 / f / / f I ! t r' r;o frcn� � � ��� ' i �r f_"y--. i ' �~' Wile
�-���',����1��1
RESTRAINING B1.OQ WITH " /� 0 � �►.'`" 5 INV=785.89 / !` : 'j', - t. / ' , -p oi - ) � - - '��'
CONCRETE TltRlpST BLOCK 1B. i ' -i e — Y' TREES
r ' /, ,� " �'Q` ` 7• ! / ;�1 str1 + t t i lr A1Q f s_, , Y (t
f. / • A i)4` '�'' i'! ��/ `,` .< 1 i I' lit
It k''l..� S ` t" �1 s
J ALONE FENCE -'; r J� ,,Ex : I I 1 ' 1 .1. .. ,
N / / ., / �k` ` ` ' 1 �Pr.; 911SFiES' a
5+ •
/! -- x TI I 1,� AMER I TECH BOX Fox RIVER
EIS NC COMBINED
SEWER MANHOLEOMBIN HYDRANT AT 100' �—BRIDGE ABUTMENT RECLAMATI
dAPPROX. STA. 5+90 METRA BRIDGE I.HYDRANT AT RI
11=788.lD NORTH PL,
>�N APPROX. STA 0+18 W INv=782.27 NO. Z108
S ltlV=782.22 6" GATE VALVE --AMERITECH 9i
p 0 11 ` WIT41 CONCRETE
THRUST BLOCK AT c~n INSIDE 6-0 MANHOLE--
APPRAY. STA. 8+79 OZ
a� CONNECT TO EXISTING
..a 8' MAIN TO SEWAGE 167) PLANT
1- ( N. T. S
SHEET 11TLE SCALES
ALYORD, BURDICK & HO�ISOH, L.L.G. FOX LAIC AND RIVERSIDE WATER TREATMENT PLANT 50.
S R iiiign
TO STATE STREET WATER MANS r wow iuew ERSIDE WATER TREATMENT PLANT HOWL
a® �a[,•Mr.art_ran rssc�fta� 5,4.3.
C ■E � �►�'_� „►�+•`r++ CITY OF EL ELINOIS PLAN AND PROFILE x T.
a
Printed by dachacoso on Friday March 28 2003 at on PO4H1055C
FILED FOR RECORD METRA NOTES — IMPORTANT 111
iANE COUNTY, t :_L. .
CONTRACTOR SAFETY NOTES GENERAL NOTES
+
+
��r31 n 'N f6 3 �� $' Contractors to a ra i I rood are governed by the None of the contractor's mix: or equipment may be waked
4. `' provision of a Federal Regulation identified in upon Metro's property without a qualified railroad flagman
adthe code of Federal Regulations Title 49 Part 214 (employee in charge) present . Contractor may work only When
O C O , ; (Roadway Worker Safety and Railroad workplace authorized to do so by the flagman (employee in charge).
8 O O Q y,. CI-L'- Safety Standards)•
V/� Metro has a very limited number of flagman. If Metre
cc POOR OMONALSAFETY INSTRUCTIONS can not furnish a flagman for a particular date. contractor
m r .... l?t N i>t3i � �a �" , during
not be allowed to work on Metro's property.
Safety of Roadway Workers (including contractors)
�{R!r?�ZTCK1K.t�Ui)! is of paramount importance in the performance of Copy of this drawing must be kept on the job site
j work being performed for the railroad. No work ring all phases of construction.
will be performed When there is the potential of
CD fouling a track te.i. when an individual or equipment Contractor must contact MILWAUKEE DISTRICT
'"" is within four (4) feet of a track or could be struck District Director of Engineering. at _(312) 322-4145
CO
by a moving train or equipment) until the following at least 72 hers prior to work start up to arrange for
o AN 8�� SEWER AND items have been completed: flagging protection etc.
20�� WATERMAIN UNDER 1• A qualified railroad flagman (employee in charge) Grantee must have railroad engineering department
METRA B R• NO. Z 1 0 8 is present to provide necessary protection or representative inspect work to determine if slow order
authority, protection is required and how long slow order will be
ER MANHOLE In effect.
4$t (MATCH EXISTING) 2. Work (defined as inspection, testing. construction
maintenance. or repair to a railroad facility) Metro Signal and Communications Departments must locate
i7.170 will begin only after the railroad's employee any burled cables and/or equipment before digging may
'7.00 in charge has conducted a mandatory Job briefing begin on railroad property. and must provide protection
F7.00 consisting of the following: for any such facilities during the actual
3 construction.
0 o REPLACE APPROX 296 L.F. OF * Name of flagman (employee in Charge) Note: J.U-L.I.E. and D.I.G.G.E.R. not locate
SEWER WITH 8. DJ. SEWER
Nana of lookout (If applicable) Metra/Railroad Uttlies/Facilites.
STING SANITARY uY OE 8fthu Type of track authority (exp I a i n)
c.
MER MANHOLE a TRK T C.
`t REPLACEMENT PIPE * Track limits Extreme care must be exercised when working under or in
i=757.49 cc cc * Time limits proximity of Metro's signal and oammmunicatton pole lines
INY=751.40 I"a I I ~ �,'!''p Protection.* if any. on adjacent tracks and wires. Poles oust be specially braced if necessary.
tiff I I g I,. f `� •
,I * Methods of notification far the approach of
NY=75130 ( I EXISTING VALVE VAULT I• f '1 _ tratns Throe Ithe she be bar Jacked Df
INV=.51.90 IITOBE ABANOONED- ! I Z`� * Location to clear for trains J ng ati i st open• t ient I k u68E REPLACED) J !+ i ;,,, DENSE T os +Ion Procedures to arange for on-trac k safety s be 1ac to eciud any of e-Ih8. II?50' t 1 50N 1 II1 ! 7on other tracks. if necessay If cry. t son and er itt ered.
• N► n + It/
` * Required personal protective equipment j Ina on cent, o safety of
( 1 RE OVE EXISTING / �•I+ ��r ii+( r Iroad
4E AS REQUIRED I I }{. RANT ASSEMBLY { 6',IT f11' ;y - Failure to commp I y with the provision established .
ET NEW INVERT 1 I \ , • : . II 1
�..= I E)n$J�/(,i-POW •rc for clsarirq trains. will result in the contractors Any project requiring jacking pits. excavations and/cc
i S'w TO frAsi.al; '. ''i N `%I . 'I Tp,BE SUMMED employee(s) being banned from railroad property shoring must have the pit designs. shoring details and
1/.;^%'Y;2'-8 I I I �O n ibt, � ! ' EOM CONSTRUCTION and/or subject to personal fines as levied by the locations approved by Metro's Construction Department
I } j S } f , K' Federal Railroad Administration. prior to the beginning of construction on railroad property
/ / r SE EE5 111i!} }I t I ° l i LAWN ,i /� � i t C� lk f A NECESSARY
'1, ! / AP ' III tJ P , ! !, ; `.\ >s. r. . 1+ , t
i / f 1: I�� ; I ' r il., 1 ' 101 MAIM SEPARATION Follow-up Job briefing rill De conducted when: All existing drainage and associated structures mst be
r ```` i I [, ', \\ • ZR...:- u;: + preserved or accomodated bythe�i--//,* `' i il I ix �rt�I..1., , iS "'!- IS" 4 / -�! LL ' 4 i • * The working scope of this project s Wale.
=�'►�. .!i r 1 (it )"
l+l 1 i �- :'^�'' I! d Lt S.::!. u i2� MP conditions or procedure6 change
w {�f f( t J , , _ •�Y ,�I R.0.I * Other workers enter the waking limits or: No drainage condition shall be created or allowed to exist
I ..*.�,4 .' I 1 i t i , I • I ,/� `q c-. 4 3F 4' POSTS ( * authority changed. extended. or that i s. or may g; r' J Track is be. adverse to Matra-
'.f i - ' I 4 1 f .. • :,,1 �' ' ` about to be released.
a►s� ,/��I�I / _ ( I``"' ` w�i�l•1_ v J '` Space between carter and cast
'- a+►a r / r1 iE�11.11. ' _ :• If any of thhe above situations occur. work wi l I of dry sand and ends of cam i ng Pipe sea 1 1 ba D i own fu 1 1
:" "a i %.,. ua .,:•.1..:.cillCR U RfI , 1{ {! i "'\'_• L r,. cease until the follow-up Job briefing i s conducted.
/ ��ev,�.� tom..-G t ^mlh?a s its _ 1/m ts�rul;. + __ Grantee i s responsible far a one year extraordinary track
`,! i ry79f e_ •► �{��I `{ :•. 3- Contractors have the following responsibilities: maintenance period. This is to cover reimbursable railroad
costs f 1 " ��� 1v) /�►�1,�1.•` .p �, costs expended for future track surfacing and alignment
h 1 j'.
( / "i ,,�7! mt i a, &' f f_ �^r--- iii I*'' •'67"'>rr�ir F' Work wear approved by Metro including: that may became necessary as a result of sett1mrent of track.
-R.o.rr.ry i /,/ 'I' sf• •• as i r —
f \!Iti : �. dr r EXiSTiNC S+4NIfAtiY
r I I �1� 1• ,�,;_t * Highly visible orange vest Underground Installattan(s) shall be p-eminently ma ked
{ : - _ SEYMER MANHO(_Ei W ( �/ �� 1 1' ��lt t t.: „� `wf elf :, _.-s 1.: - * Steel toed safety shoes there they enter and leave the railroad right of way.
',/-*_,--';‘�s I i i BUSIES' I
- RIA1=7F1.60 * A.N•S•I. approved hard hat (289.1 standards)
rr111���"` AMERTECH BOX (.4
"- N iNY=712.60 * A.N.S.i. meets or exceeds 287.1 eyelea- Minimums wall thickness shorn are for pipes and conduits
i 4 I I. S f1V'696.1@ standards with protective coating and Cathodic protection. Without
` FOX RIVER WATER E MN 696.20 * Hearing protection (When required) this protection. wall thickness must be increased by
METRA BRIDGE 100' - BRIDGE ABUTMENT RECLAMATION DISTRICT ,p WY-716.80 * Respirator protection (when required) 0.063 inches.
NORTH PLANT * Fall protection (when required) as
NO. Z10$ specified in FRA Regulations 49 CFR.
6' GATE VALVE --AIdRRiTECN BDx - 90 BEND WITH CONCRETE Part 214- Railroad Workplace safety mew DEJ'ART IT
THRUST BLOCK AT RTH CONCRETE ~ INSIDE ell MANHOLE— APPROX. STA. 9+90 Standards. CF mo,jLLINOIS
1CK AT N
4. Heavy equipment shall be equipped with audible
%A. 64 79 0o back up warning devices. N JJ
a� CONNECT TO EXISTING EXHIBIT A
�a 8' MAIN TO SEWAGE 5. Contractors will keepjob site free from ELGIN, IL.— CHICAGO ST. STA.
th hazards.
v N PLANT
6. Contractors will post MSDS sheets in the
o construction trailer. FRAZIER STREET
( N N. T. S. ) INSTALL AN 8' SEWER AND A 20' WATER
T. Contractors will post these instruction in a
ID RIVERSIDE WATER TREATMENT PLANT SWEET TITLE SCAM -DATE INITIAL. REVISIONS SHEET No conspicuous place in the construction trailer. MAIN UNDER METRA BRIDGE NO. Z108
STATE STREET WATER MAINSIuvmsm WUTIht THE T11E71T muff 5• c so' L° ro ea
TO STATE STREET WATER i IAIN eon G - �— 5
CITY OF ELGRM, PLAN AND PROFILEvan. G r c_ 5 sr
FILE: Capi to I eng i Weer i ng/urr/hyb/e 1 g t n02123.hyb
SCALE' NONE DATES 03/26/03
ORWG. NO.* 02123 UNDER-PIPES