HomeMy WebLinkAbout07-168 Recorded Resolution No. 07-168
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT TO GRANT EASEMENT
FOR PUBLIC STREETS AND UTILITIES FROM NICOR GAS COMPANY
(Madeline Drive)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to
execute an agreement to grant easement for public streets and utilities from Nicor Gas Company for
property at Madeline Drive, a copy of which is attached hereto.
s/Ed Schock
Ed Schock, Mayor
Presented: July 11, 2007
Adopted: July 11, 2007
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
• 1 11 11 11111
Sec 5 T41 N ROBE 3rd PM
Elgin Township Kane County 20071-(093980
Dubuque Transmission RNV SANDY bJEGMAN
RECORDER - KANE COUNTY, IL
Parcel K-34A File#
R i;UKUED: 9/1212007 8:40 AM
PIN 06-05-300-004 (part) REU FEE: 30.N
NAtiES: 9
GRANT OF EASEMENT
MADELINE DRIVE
THIS INDENTURE, made and entered into this\day of , 2007, by
and between NORTHERN ILLINOIS GAS COMPANY, an Illinois corporati n, doing business as
NICOR GAS COMPANY (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 and underground public utilities (together hereinafter referred to as "Facility") in,
under, upon and across certain real property owned by Grantor in Kane County, Illinois.
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 00/100 ($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 property (hereinafter
referred to as"Easement Premises"):
An 86.00 foot wide parcel land situated in the Southwest Quarter of fractional Section 5, Township
41 North, Range 08 East of the Third Principal Meridian, Elgin Township, Kane County, Illinois, that
extends in a general north to south direction across Grantor's 82.50 foot wide Dubuque
Transmission Right-of-Way and Property previously acquired by Northern Illinois Gas Company
from Rudolph W. and Susie E. Schick by deed dated April 7, 1966 and recorded in Kane County as
Document No. 1068124, and that is more particularly described on EXHIBIT A (dated September
19, 2006), that is attached hereto and made a part hereof.
The easement for said Facility herein granted by Grantor to Grantee is granted in perpetuity: 1)for
said Facility; and 2) for all manner of travel (except railroad) over and upon said public roadway;
all within 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:
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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 shall interfere with such proposed use of the Easement 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.
3. Except for routine maintenance, operation and inspection of said Facility that does not disturb
the subsurface of the Easement Premises, 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.
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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.
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. Without exception, any Facility installed in the Easement Premises (other than the
aforesaid public roadway) must be installed under Grantor's existing twenty-two (22) inch
diameter, high-pressure natural gas transmission pipeline with a minimum vertical separation
of two (2) feet between the top of Facility 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.
g. Natural drainage of Grantor's premises shall not be impaired; upon completion of said
work, Grantee shall remove from the Easement 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 Easement 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 Company
Specification#TS 30.104.138.
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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. NO other utilities are permitted to install facilities or improvements within the Easement
Premises without the express written approval of Grantor. Any such other utilities that receive
Grantor's written approval, must maintain a minimum of two (2) feet of vertical clearance
between said facilities and Grantor's existing twenty-two (22) inch diameter, high-pressure
natural gas transmission pipeline.
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, defend, 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 Easement
Premises or the installation, construction, reconstruction, operation, maintenance, alteration,
repair, replacement, use, removal or existence of said Facility by Grantee upon the Easement
Premises, or the existence of the non-exclusive perpetual public 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 misconduct or gross negligent acts of Grantor, its successors
or assigns.
Grantee hereby covenants that the use and operation of the Easement 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 Easement Premises, except those customarily used in the installation,
maintenance and repair of the Facility and in compliance with Environmental Laws and other
applicable laws. 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
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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..
8. Grantee agrees before the commencement of any work on the Easement Premises 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 initially
be not less than $3,000,000 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 initial limits of not less than $1,000,000) shall be procured. Grantor may from time to time
require an increase in said minimum insurance limits if higher limits are reasonable and customary
in similar situations. Such insurance shall be with a company or companies approved by Grantor
and licensed by the State of Illinois and shall remain in full force and effect during the term of this
easement. Copies or certificates of said policy or policies of insurance shall be delivered to
Grantor in care of the Nicor Gas Company, 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 of
such failure or non-compliance for a period of thirty(30) days after written notice to it of such
failure or non-compliance is given to Grantee, 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.
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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:
Manager—Real Estate
Real Estate Department
Nicor Gas Company
1844 Ferry Road
Naperville, Illinois 60563-9600
or to Grantee in care of: City Engineer
City of Elgin
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 the Easement Premises, 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.
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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.
NICOR GAS COMPANY
x B /
X ,.y .Lr' I►Ilf �a�. . ✓
If Vice Preside t _ cretary
CITY OF ELGIN ATTEST:
BY G By
Title iyAy bit Title:
This Document Prepared By: Nicor Gas Company
Real Estate Department
1844 Ferry Road
Naperville, Illinois 60563
Property Address: Vacant land -south of Big Timber Road /west of Randall
Road /north of Millennium Drive extended westerly/Elgin /
Elgin Twp, Kane Co, IL
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STATE OF ILLINOIS
PC
) SS
COUNTY OF Dv 1 C�r )
I, \i“- k or X X . ,1 11r,a^rI A1 , a Notary Public in and for said County, in the
State aforesaid, do hereby certify that C(O J • w C 4..)tJ I , Vice President of
NORTHERN ILLINOIS GAS COMPANY, an Illinois corporation, doing business as NICOR GAS
COMPANY, and V �1 � , 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 Lurposes therein set forth.
Given under my hand and notarial seal this 1 day of Av ..�+ , A.D., 200 7.
My Commission Expires:
oPie, VICTOR X.MEDNANSKY
I EXPIRES Notary Public
OFFICIAL MY COMMISSION
,SEAL,p JANUARY 5,2011
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PLAT OF EASEMENT
OF PART OF FRACTIONAL SECTION 5, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 5;
THENCE SOUTH 00 DEGREES 32 MINUTES 23 SECONDS EAST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 5, 41.60 FEET TO THE NORTH LINE OF WARRANTY DEED RECORDED APRIL 25, 1966 AS DOCUMENT NO. i
1068124 800K 2342 PAGE 181 AND THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 00 DEGREES 32 MINUTES 23 SECONDS EAST ALONG SAID EAST UNE, 82.50 FEET TO THE
SOUTH UNE OF SAID WARRANTY DEED PER DOCUMENT NO. 1068124;
THENCE NORTH 89 DEGREES 54 MINUTES 08 SECONDS WEST ALONG SAID SOUTH LINE, 86.00 FEET;
THENCE NORTH 00 DEGREES .32 MINUTES 23 SECONDS WEST, 82.50 FEET TO THE NORTH LINE OF SAID WARRANTY
DEED PER DOCUMENT NO. 1068124;
THENCE SOUTH 89 DEGREES 54 MINUTES 08 SECONDS EAST ALONG SAID NORTH LINE, 86.00 FEET TO THE POINT OF SCALE
BEGINNING, IN KANE COUNTY, ILLINOIS. I 1" = 60'
Basis of Bearing:
SECOND ORDER CONTROL BY GPS
METHODS BASED ON NORTH AMERICAN
DATUM OF 1983 (SURVEY CONTROL BY
DENI ASSOCIATES, INC. FORT MYERS, FL)
I
P.I.N. 06-05-100-004 I
P.O.C.
South Line of the NW 1/4 Doc. No. 1068125 &
of Section 5-41-8 Doc. No. 1068124
— North Line per -�., Center Sec. 5-41-8
Doc. No. 1068124 — — — •�
• /Centerline Per Doc. No. 891762 S89�54�08$3 �l&
/ 66' Agreement for Right of Way
I S 00'32'23"E 41.60'
per Doc. No. 891762
86.00'
/ w P.O.B.
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• CV Ln IN in co
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Dto•05. 3w.oo4 o Q co r d
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South Line per J 4489'54'08"W s u
Doc. No. 1068124 , h w
86.00 0
W
Heretofore Granted to
Northern Illinois Gas Company P.I.N. 06-05-400-001
per Doc. No. 1068124
Noft.
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Y 3wlr I. 00' /*roa ed Pr. AI MIMIC 440. 104-007077 FQ.00/07