HomeMy WebLinkAbout03-336 Recorded Resolution No. 03-336
RESOLUTION
RATIFYING THE EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT
FOR PUBLIC STREET AND UTILITY PURPOSES FROM NICOR GAS
(Waterford Crossing A)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that it hereby ratifies the execution and acceptance of a
grant of easement for a public roadway (South Street) , water main
and storm sewer by David M. Dorgan, City Manager, and Dolonna
Mecum, City Clerk, with Nicor Gas for the property identified 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 easement agreement to be
recorded in the office of the Recorder of Deeds of Kane County,
Illinois .
s/ Ed Schock
Ed Schock, Mayor
Presented: December 3 , 2003
Adopted: December 3 , 2003
Omnibus Vote : Yeas : 6 Nays : 0
Recorded: December 4 , 2003
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
ala z.3 21 6228
Sec 20 T41N RO8E 3rd PM SANDY WEGMAN
RECORDER
Elgin Twp. Kane Co. KANE COUNTY, IL
RECORDED ON
Aurora - Elgin Transmission R/W 12/17/2003 12:lOPM
Parcel 44 File # REC FEE: 30.00
PAGES: 9
PIN 06-20-100-009 (part)
GRANT OF EASEMENT BY NICOR GAS
FOR WATERFORD CROSSING A
(SOUTH STREET)
THIS INDENTURE, made and entered into this L 0 day of N ov e n{ ) eI
2003, 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, an Illinois municipal
corporation, (hereinafter sometimes referred to as "Grantee"):
WITNESSETH:
WHEREAS, Grantee has requested Grantor to grant unto it a non-exclusive perpetual public
easement to install, construct, reconstruct, operate, maintain, alter, repair, replace and remove a
public roadway (known as "South Street"), an eight (8) inch diameter water main, a twelve (12)
inch storm sewer and other necessary and approved underground public utilities (together
hereinafter referred to as "Facility") in, under, upon and across certain real property owned by
Grantor in Kane 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 public 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 unto Grantee, its successors and assigns, a non-exclusive perpetual public 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:
22U
1
L 1
14 ORILIu0L
• A rectangular shaped parcel of land measuring 100 feet by 66 feet and encompassing a portion of
Grantor's 66 foot wide property that was originally acquired by Grantor from The Northern Trust
Company, as Trustee, under provisions of Trust Agreement dated 04-15-1947 and known as Trust
# 18540 by deed dated 09-24-1965 (Grantor's acquisition deed being recorded in Kane County as
Document 1057228), said 100 foot by 66 foot parcel of land is situated in a part of the East 66
feet of the West Half of the Southwest Quarter of Section 20, Township 41 North, Range 08 East
of the Third Principal Meridian, Elgin Township, Kane County, Illinois, and is more particularly
identified by hatch marks and printed label on EXHIBIT A attached hereto and made a part
hereof.
The easement for said Facility herein granted by Grantor to Grantee is granted in perpetuity for said
Facility and for all manner of travel over and upon the Easement Premises 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 Easement 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 fourteen (14) days of the receipt of such notice
that it elects to relocate said Facility, at its sole cost and expense, within a period of ninety (90)days
to another location on the property of Grantor mutually agreed upon by the parties hereto; or, (2)
notifying Grantor within fourteen (14) 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
ninety (90) days from the date of such notice; provided, however, that all approvals required by
Grantor as provided herein shall be provided to Grantee in a reasonably timely manner. 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 sixty (60) 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.
2
•
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 seventy-two (72) hours prior to the proposed commencement thereof.
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 is to be done on the Easement Premises or on
Grantor's premises 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 Easement Premises.
c. NO manholes or junction boxes shall be installed on the Easement
Premises; NO materials shall be stored or stockpiled on the Easement
Premises or on Grantor's premises; and NO trees, bushes or shrubs shall
be planted or nurtured on the Easement Premises or on Grantor's
premises.
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 premises 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.
3
e. Bore-pits used in connection with the installation of the Facility shall not
be installed on the Easement Premises without the express permission of
Grantor's on-site representative, who shall have full authority to deny
any proposal to install any such bore-pits on the premises.
f. NO other utilities are permitted to install facilities or improvements within
the Premises without the express written approval of Grantor. Any such
other utilities that receive Grantor's written approval will maintain a
minimum of two feet of vertical clearance between such other approved
facilities and Grantor's existing 30-inch diameter, high-pressure natural
gas transmission pipeline.
g. 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.
h. Permanent pad protection must be installed under that portion of the
roadway pavement intended for vehicular traffic, said permanent pad will
conform to Nicor Gas' Specification#TS 30.104.138.
i. Grantee shall contact Grantor's Transmission Department, Shorewood,
Illinois, by phoning Grantor at 815-725-9481, ext. 228, at least 72 hours
in advance of Grantor's estimated start of construction on Grantor's
Premises in order to discuss construction procedures and to arrange for
on-site inspection services by Grantor's representative.
j. Without exception, Grantee's proposed eight (8) inch diameter water main
must be installed under, and the proposed twelve (12) inch storm sewer
must be installed over, Grantor's existing thirty (30) inch diameter, high-
pressure natural gas transmission pipeline with a minimum vertical
separation of two (2) feet between the top of that said water main and the
top of said sanitary sewer and the bottom of said existing transmission
pipeline. NO other facilities or improvements are permitted within the
Easement Premises without the express written approval of Grantor.
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.
4
I
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 reasonably 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 easement, except to the extent that
injuries or damages are caused by the willful or negligent act of Grantor, its successors or assigns.
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 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.
s
•
•
' 8. 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 the Nicor Gas, Real Estate Department, 1844
Ferry Road, Naperville, Illinois, 60563-9600.
9. 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 thirty (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.
10. 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.
11. 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.
12. 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:
Real Estate Department
Nicor Gas
1844 Ferry Road
Naperville, Illinois 60563-9600
6
•
• or to Grantee in care of: City Engineer
150 Dexter Court
,, Elgin, Illinois 60120
or to such other persons or addresses as the parties may from time to time designate.
13. Prior to any digging on the subject property, including easement area, the Grantee shall call
J.U.L.I.E. at 1-800-892-0123, for a location of facilities on the property.
14. Grantee hereby agrees, within thirty (30) days of request therefor, to reimburse Grantor for
any and all local, state or federal taxes that may be assessed against Grantor or the Easement
Premises by reason of improvements made to or placed upon the Easement Premises by Grantee.
15. Grantee hereby agrees it will not knowingly suffer or permit any mechanic's liens or other
lien to attach to the Easement Premises by reason of any improvements or alterations to the
Easement Premises or work done thereon by or upon the order of Grantee and will save Grantor
harmless from any such lien or claim therefor and from any and all costs or expenses (including
without limitation, attorney's fees) incurred in connection with any such lien or claim.
16. This indenture shall inure to the benefit of and be binding upon the respective successors and
assigns of the parties hereto.
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.
NICOR GAS ATTEST:
By likBy , _Y,‘//
ce President Assistant Secretary
CITY OF ELGIN ATTEST:
By AZBy MA.-,--4_. A2.c..04,--
Title / T.....,,rt Title: Cl
•
STATE OF ILLINOIS )
) SS
COUNTY OF DU PAGE )
I, V ; k L- Mc ." n k , a Notary Public in and for said County, in the State
aforesaid, do hereby certify that Q o,-y Ze-h j , Vice President of NORTHERN
ILLINOIS GAS COMPANY, an Illinois corporation, doing business as NICOR GAS, and
M r. ti 0 , 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 I 0 ' day of LI(1 U L.r4b ,2S , A.D., 2003.
"OFFICIAL SF.t�L"
VICTOR X.MEDNANSKY ,0
My Commission Expires: NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES 06/19/2004 No . qk Public
This Document Prepared By: Nicor Gas
Real Estate Department
P.O. Box 190
Aurora, IL 60507
Property Address: Vacant land - South of Williamsburg Green Subdivision,
W/2 SW/4 Section 20, Elgin Twp, Kane Co, IL
8
3
% •
I.
r co WO (LOG�JMSI MG Q `�I� MOT N 4. 4
.: /
VI
PAMIIIIIIIIIIIIIIIIWIIIIIIII
�� North line of SOUTH STREET Co, Elr'"'" g H
W/2SW/4 Sec 20 1 I 1 I -' N
THIS EXHIBIT o a
ADDRESSES - ,a‘4 `+'
THIS CROSSING "S: a 3
(100'X 66')
—
i I 1
Part of W/2 SW/4 Section 20
l•
T41N-RO8E-3rd PM
Elgin Twp-Kane Co-Illinois
NORTH 4� '�
WEXFORD CT
No'
Q -
� p
00
oa . .# & -8
O0 1
100
#
. A�`4 - _
OOP
• # /
• 4**
4 44
O
I ' 66
EXHIBIT A
POOR ORIGINAL
Recorder Not Responsih� 003 K 216 2 2 8
For Reproductions