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HomeMy WebLinkAbout07-169 Recorded Resolution No. 07-169 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT TO GRANT EASEMENT FOR PUBLIC STREETS AND UTILITIES FROM NICOR GAS COMPANY (Millennium 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 Millennium 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 I11 111111 Sec 5 T41N RO8E 3rd PM 8007K093981 Elgin Township Kane County Aurora-Elgin Transmission RNV SANDY WEGMAN RECORDER - KANE COUNTY, IL Parcel 50 File# R.CORDED: 9/1212007 8:40 At4 RLC FEE: 30.00 PIN 06-05-400-002 (part) P PES: 9 GRANT OF EASEMENT MILLENNIUM DRIVE THIS INDENTURE, made and entered into this ' day of �! , 2007, by and between NORTHERN ILLINOIS GAS COMPANY, an Illinois corporatio , 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 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 property (hereinafter referred to as"Easement Premises"): An 86.01 foot wide parcel land situated in the Southeast 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 east to west direction across Grantor's 66.00 foot wide Aurora-Elgin Transmission Right-of-Way and Property previously acquired by Northern Illinois Gas Company from Ginther and Rosemary Wilharm by deed dated April 8, 1966 and recorded in Kane County as Document No. 1068123, and that is more particularly described on EXHIBIT A (dated October 11, 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: 11`1 Oet6.wA L \C+\�� � 1 cH° -0)1-6-to • 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. 2 • 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 thirty (30) 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. 3 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 thirty (30) 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 4 • 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. 5 • 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. [SIGNATURES ON NEXT PAGE] 6 • 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 BIS ak.x.d.,“.. (31/46-1-414- ND. PA Vice Presider A • .n ecret CITY OF ELGIN ATTEST: BYE / Byev�- Title /'IhA'/a� Title: --0,.4A lc-- 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 /at Millennium Drive extended westerly/ Elgin/Elgin Twp, Kane Co, IL STATE OF ILLINOIS ) SS COUNTY OF Pk Z ) I, ,) %c•-%o - X ks e,4.,U.•a , a Notary Public in and for said County, in the State aforesaid, do hereby certify that CA L1 V it u Cc 1 r+it , Vice President of NORTHERN ILLINOIS GAS COMPANY, an Illinois corporation, doing business as NICOR GAS COMPANY, and >Ml , 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. iT i Given under my hand and notarial seal this I� day of 1-� , A.D., 200 7 My Commission Expires: aY � Nota blic 20�PF EA*:1?' VICTOR X.MEDNANSKY TA SL , MY COMMISSION EXPIRES. FOF 0. �� 9l'••.. JANUARY 5,2011 9 8 PLAT OF EASEMENT OF THAT PART OF THE SOUTHEAST QUARTER CF SECTION 5, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: ill, COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 5; . THENCE SOUTH 00 DEGREES 32 MINUTES 23 SECONDS EAST ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, 499.97 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 46 MINUTES 19 SECONDS EAST, 66.00 FEET TO THE NORTHWEST CORNER OF LOT 3 IN ELGIN CORPORATE CENTER UNIT 6 PER DOCUMENT NUMBER ,R2004K15086/; THENCE SOUTH 00 DEGREES 32 MINUTES 23 SECONDS EAST ALONG THE WEST LINE OF SAID LOT 3, ALSO BEING THE N WEST RIGHT-OF-WAY LINE OF MILLENNIUM DRIVE PER DOCUMENT NUMBER R2004K150867, AND ALSO BEING THE WEST LINE OF LOT 1 IN ELGIN CORPORATE CENTER UNIT 6 RESUBDIVISION NUMBER 1 PEN DOCUMENT NUMBER R2005K136573, 86.01 FEET; THENCE SOUTH 88 DEGREES 46 MINUTES 19 SECONDS WEST, 66 00 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5; SCALE THENCE NORTH 00 DEGREES 32 MINUTES 23 SECONDS WEST ALONG SAID WEST LINE, 86.01 FEET TO THE POINT OF 1" = 60' BEGINNING, IN KANE COUNTY, ILLINOIS. Basis of Bearing: 1 '.O.C. SECOND ORDER CONTROL BY GPS =1 __ NORTHWEST CORNER OF METHODS BASED ON NORTH AMERICAN THE SOUTHEAST 14 OF DATUM OF 1983 (SURVEY CONTROL BY • NIF SECTION 5-41--8 DENI ASSOCIATES, INC. FORT MYERS, FL) 11 C E. DENOTES CITY EASEMENT u' P.U. & D.E. DENOTES PUBLIC UTILITY AND I a N DRAINAGE EASEMENT o, o P.S.L. DENOTES PARKING SETBACK LINE V„ CONVEYED TO NORTHERN B.S.L. DENOTES BUILDING SETBACK LINE ILLINOIS GAS CO. BY WARRANTY P.O.B. DENOTES POINT OF BEGINNING DEED RECORDED APRIL 25,1966 P O.C. DENOTES POINT OF COMMENCEMENT AS DOC. NO. 1068123 1 �` ; P B NORTHWEST CORNER OF LOT 3 IN ELGIN NNNYYY i CORPORATE CENTER UNIT 6 PER ^......* ,r N 88'46'19" E DOCUMENT NUMBER R2004K150867 04 MARK1 // 66.00' West line of Lot 3 infin 10 P.U.&DE IQtN►fl irit1 �woo' / ,-._West Center Unit 6 12.5' C E �j i _I r.,-� West--frO.W. Line of Millennium Drive Qt kAf iMiN� �- N - - / MILLENNIUM DRIVE u' N o o"N/ HERETOFORE DEDICATED PER o �Q�j (r � o 0 c N DOCUMENT NUMBER R2004K150867 1�v i) LJ o ./ '`'( L z // c 7---20.1).a. � 12.5' C.E� Wo 66.00 c j7 40' B.S L. 1\-'17 5' P U&D.E.� S 88'4619 W �_\ _ { TEMPORARY TURNAROUND �f~ - °j~ iy EASEMENT PER DOCUMENT E & iT CT ii o 0 0 \ NUMBER R2004K150867 LOT I 0' a z M, ` ELGIN CORPORATE CENTER— : $.4 O L���L�. �� �UO F G,o o UNIT NO. 6 RESUBDIVISION NO. 1 s ir► w Q o PER DOC. NO. 2005K136573 N /`�est Line of Lot 1 in T I oza ' Elgin Corporate Center Unit 6 s Z a Resubdivision No 1 ' y co) MII • t� �IN(u� DIVE Surve No D 6 I 5 i Wb-.CV Ordered By.' Pancor Construction wco d JACOB & HEFNER ASSOCIATES, P.C. r Exhibitcc ENGINEERS • SURVEYORS Description. 4 0 a Plat of Easement_ U¢ 1901 S. Meyers Road, Suite 350 Date Prepared October 11, 2006 U Oakbrook Terrace, IL. 80181 ._ I (630) 652-4600 FAX(830) 86E-4801 Scale: 1" 60' Field Work: ILLINOIS PROFESSIONAL DESIGN FIRM _Prepared By: __ ___ _— LICENSE NO. 184-003073 EXP. 4/90/07 1 , 11111111111111111111111 Sec 5 T41 N RO8E 3rd PM , 20izi7K093981 Elgin Township Kane County Aurora-Elgin Transmission RMI SANDY iWESMAN RECORDER - KANE COUNTY, IL Parcel 50 File# N mk1ED: 9/12/2887 8:48 AN FEE: 3&88 PIN 06-05-400-002(part) PAGES: 9 GRANT OF EASEMENT 0 0 MILLENNIUM DRIVE t THIS INDENTURE, made and entered into this it 1 day �- ,2007, by and between NORTHERN ILLINOIS GAS COMP• '1`.- I' '•r•orati• , doing business as NICOR GAS COMPANY (hereinafter sometime1111/4:°_ -• • -- Grantor" and the CITY OF ELGIN,an Illinois municipal corporation, (here: •- •. e i• - referred to as"Grantee"): W ITN m NI WHEREAS, Grantee has requested Gr.n .r • •.ra'" unto it a non-exclusive perpetual public easement to install, construct, reconstru• ..er; ;, maintain, alter, repair, replace and remove a public roadway and underground • •11 t''e. ogether hereinafter referred to as "Facility") in, under, upon and across ce -in r-:1 •r•.e 'owned by Grantor in Kane County, Illinois. WHEREAS, Grantor, ' sofa -s ., :s 1,e right so to do, is willing to grant unto Grantee a non- exclusive perpetual ..ub' eas. t or said Facility, but only upon the terms, covenants and conditions hereinafter t f• : 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 property (hereinafter referred to as"Easement Premises"): An 86.01 foot wide parcel land situated in the Southeast 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 east to west direction across Grantor's 66.00 foot wide Aurora-Elgin Transmission Right-of-Way and Property previously acquired by Northern Illinois Gas Company from Ginther and Rosemary Wilharm by deed dated April 8, 1966 and recorded in Kane County as Document No. 1068123,and that is more particularly described on EXHIBIT A(dated October 11, 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: C»v OrACewid.11L _,. 1 aM° ,to ., l _ 1 E C' V . . 2007K093981 1/9 ' r I • , 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 Easem- ' Premises of Grantor, Grantor shall deliver to Grantee a written notice describing such propo :• • e and stating that said Facility of Grantee will interfere with such proposed use. This noti - b: ccompanied by an itemized list of any additional costs to be incurred by Grantor if Gr. - - it- proposed use •�' to avoid interference with said Facility. Upon receipt of such : .1 r.--tion of additional costs, Grantee shall have the option of either: 1)notifying Granto . I f•- en(14) days of the receipt of such notice that it elects to relocate said Facility, • :• - -nd expense, within a period of ninety (90)days to another location on the p .pe =, • r• w. utually agreed upon by the parties hereto; or 2) notifying Grantor within f•-'}_ . ( ,) .a r- of the receipt of such notice that it elects to pay Grantor for all additional co • 4 -s by Grantor, as shown by the ii itemization of cost submitted by Grantor. In .i c:ra =. hall elect to relocate said Facility, Grantee shall promptly take all steps necess- Tr;1 ,.., . =te :uch relocation within a reasonable time, and in no event later than ninety(90)da • • t'„ sI-te of such notice; provided, however, 1, that all approvals required by Grantor a ••-. erein shall be provided to Grantee in a reasonably timely manner. In the event G�f a - ect to reimburse Grantor for the additional costs to be incurred by Grantor, this a nt I be paid to Grantor within sixty (60) days of request. 2. Prior to undertaking t r ati.•n o - Facility, Grantee shall provide Grantor with detailed plans and specifications a to e o ion and as to the method or manner of installation and construction of said a$lity a • 'ra -e shall obtain Grantor's written approval and consent to such plans and spe i - 'ons. U•on receipt of such plans and specifications submitted by Grantee, Grantor shall . . •'y -view such plans and specifications and notify Grantee of its approval or its objections th- o.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. 2 2007 K093981 2/9 r. 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, reply ent or removal work performed by Grantee pursuant to the easement granted by this indent all conform to the following rules and regulations: a. Except as otherwise provided in Section 3., and unleOott _4/ a.,eed by Grantor, NO work is to be done on the Easement Premises or n '• 'premises without Grantor's representative being present, for which -. - to reimburse the reasonable cost of such Grantor's representative b. There shall be NO blasting on the Ease : - _ c. NO manholes or junction boxes sh: :it , : le. •n the Easement Premises; NO materials shall be stored or stockpiled on r - ' .se - . Premises or on Grantor's premises; and NO trees, bushes or shrubs shall a- - =• .r nurtured on the Easement Premises or on Grantor's premises. • d. NO large rocks or unsuitab : = ia i .e allowed in the backfill; all such large rocks and unsuitable material will • • -.I o .-• rom the Easement Premises and from Grantor's premises and properl r=or:te. or •'s'.sed of by Grantee; the determination of what is a "large rock' or what 1- " ,s 'a• - material" shall be made solely by Grantor's on-site representative. e. Bore-pits used in •. • -c n with the installation of the Facility shall not be installed on the Easement Premise out 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 thirty(30) 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 l 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. 3 2007K093981 3/9 • 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 improveme• within the Easement Premises without the express written approval of Grantor. Any such oi-=r ._tilities that receive Grantor's written approval, must maintain a minimum of two (2) _ • v 'cal clearance between said facilities and Grantor's existing thirty (30) inch dia ,- � , • 4-sure natural gas transmission pipeline. C) /� This specification, including all items "a." thru "j.", is to •e •• C-- final approved for construction"drawings. 6. Grantee shall furnish, upon completion, to G e ` eering drawing accurately showing the installed location of its Facility. 7. Grantee shall at all times, and under all C.c 1 Aar',- defend, indemnify, protect and save harmless, Grantor, its successors and ass' HT1-nd against any and all damages, losses, claims, demands, actions and causes itin • soever (including any reasonable costs, expenses and attorneys' fees which ma b rr in connection therewith)whether or not the claim, demand or action asserted ,' 'e t n•u , and which results from or is alleged to result from, or which arises out of or in ti.. with, or is alleged to arise out of or in connection with, the breach of Grantee of.=n- •.e -nt '. is Easement Agreement, or the non-compliance by Grantee of any applicable I- 'cl b.in. without limitation, Environmental Laws)at the Easement Premises or the in- a don, • t ion, reconstruction, operation, maintenance, alteration, repair, replacement, -, -mo :l for existence of said Facility by Grantee upon the Easement Premises, or the existe - • t•- non-exclusive perpetual public easement granted Grantee hereunder; provided, howev- , 1 at 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 4 2007 K093981 4/9 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 oblig s II survive any termination of this Easement Agreement. The acts of the respective • o -e r presentatives, agents or contractors of Grantor or Grantee, as the case may$ s . 1 • •e- ed to constitute the acts of Grantor and Grantee respectively for the purposes of e,t'.: Nur 8. Grantee agrees before the commencement of any .ork e • ent Premises hereunder that Grantee shall require any contractor (or co-j' `. - • • �.�« re comprehensive general liability insurance (including Contractual Liability of - • - ': • fad form basis) and property damage insurance in form reasonably accept • : • n ,, ich will protect and save harmless Grantor as stated therein. Limits of such co • - i : g =ral liability insurance shall initially be not less than $3,000,000 for each occu = wi • ,=spect to bodily injury or death and property damage. In addition,workers'co -,a'.• ith statutory limits)and employer's liability (with initial limits of not less than $1,001. •►. :II •- procured. Grantor may from time to time require an increase In said minimum ins a• ' if higher limits are reasonable and customary in similar situations. Such insuran s -I •- wi f° a company or companies approved by Grantor and licensed by the State of Illin . ' .11 remain in full force and effect during the term of this easement. Copies or ce 'i •-t • sa• •olicy or policies of insurance shall be delivered to Grantor in care of the Nicor - Cs i y, Real Estate Department, 1844 Ferry Road, Naperville, Illinois,60563-9600. 9. In the event Grantee, 'ts 9essors, or assigns, deem it necessary to cease operation of its Facility or cease to use sai• acidity 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 fall 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-cornpkance 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. S 2007K093981 5/9 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 1 Naperville, Illinois 60563-9600 or to Grantee in care of City Engineer 0 0 City of Elgin 150 Dexter Court Elgin, Illinois 60,10 „: ,, or to such other persons or addresses as the part: ii. 140100, us- time designate. 13. Prior to any digging on the subject prop.-- 4, . •. t 4 Easement Premises, the Grantee shall call J.U.L.I.E. at 1-800-892-0123,for a lo••:do of « ies on the property. 14. Grantee hereby agrees, within thi (ta s request therefor, to reimburse Grantor for any and all local, state or federal taxes h e assessed against Grantor or the Easement Premises by reason of improve a.- or placed upon the Easement Premises by Grantee. 15. Grantee hereby agree it • II o nowingly suffer or permit any mechanic's liens or other lien to attach to th eme - e ' es by reason of any improvements or alterations to the Easement Premises ,r rk - thereon by or upon the order of Grantee and will save Grantor harmless from ' ien or claim therefor and from any and all costs or expenses (including without limitation, - .rney'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. [SIGNATURES ON NEXT PAGE] 6 I 2007K093981 6/9 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 Sr4 . •Biti ate,<Afid . ., Vice Preside Nir �} !r��1 r`% 110 CITY OF ELGIN 0A .T: B _ Title AILS'/4'4 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/at Millennium Drive extended westerly/Elgin/Elgin Twp, Kane Co, IL 7 2007K093981 7/9 d ,. STATE OF ILLINOIS ) ) SS COUNTY OF NI NQ. ) I, V%e-%a r X IPA Pitt-,011_41 ,a Notary Public in and for i ounty,in the State aforesaid,do hereby certify that . % . t&I % d ic= dent of IP f� NORTHERN ILLINOIS GAS COMPANY, an Illinois corporation,d: • b slr 's as NICOR GAS COMPANY,and J+I1 VQA1P +. A. = ant Secretary of said Company, personally known to me to be the sem: p,, as , - res are subscribed to the foregoing instrument as such Vice President . • I _ =-retary, respectively, appeared before me this day in person, and acknowt •-y signed and delivered said instrument as their own free and voluntary act and a t fr a nd voluntary act of said Company,for the uses and purposes thereinetf a s 'd Assistant Secretary did also then and there that he, cu'r•'• corporate seal of said Company, did affix said corporate seal of said Company -'. i ' ent as his own free and voluntary act,and as the free and voluntary act of said Compa y, or the uses and purposes therein set forth. t Given under my hand and notarial seal this ii day of 1 411 , A.D., 200 • My Commission Expires: �1:74.°. Nota blic :aFc+�cmt�' VICTOR X.MEDNANSKY� 0, .vg, mYCOMMISSIONEXPIRES Z '� JANUARY 5,2011 �. S 8 2007K093981 8/9 , s PLAT OF EASEMENT • OF THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: '- COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 5; I • THENCE SOUTH 00 DEGREES 32 MINUTES 23 SECONDS EAST ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, 499.97 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88 DEGREES 46 MINUTES 19 SECONDS EAST, 66.00 FEET TO THE NORTHWEST CORNER OF LOT 3 IN ELGIN CORPORATE CENTER UNIT 6 PER DOCUMENT NUMBER R2004K150867; THENCE SOUTH 00 DEGREES 32 MINUTES 23 SECONDS EAST ALONG THE WEST LINE OF SAID LO , ALSO BEING THE WEST RIGHT-OF-WAY LINE OF MILLENNIUM DRIVE PER DOCUMENT NUMBER R2004K150867, AND s BEING THE WEST LINE OF LOT 1 IN ELGIN CORPORATE CENTER UNIT 6 RESUBDIVISION NUMBER 1 PER DOCUM- T MBER R2005K136573, 86.01 FEET; THENCE SOUTH 88 DEGREES 46 MINUTES 19 SECONDS WEST, 66.00 FEET TO THE WEST LINE c ell • AST SCALE QUARTER OF SAID SECTION 5; THENCE NORTH 00 DEGREES 32 MINUTES 23 SECONDS WEST ALONG SAID WEST UN \\ .01 F1 O T - POINT OF I' = 60' BEGINNING, IN KANE COUNTY, ILLINOIS. 0 oasis of Bearing; ��j,, . Q SECOND ORDER CONTROL BY CPS t�' _ '�' `r {) ER OF METHODS BASED ON NORTH AMERICAN • ► ,S I OF DATUM OF 1983 (SURVEY CONTROL BY "MP ♦ -8 DENS ASSOCIATES, INC. FORT MYERS. FL) • 11 C.E. DENOTES CITY EASEMENT ;; P.U. &O.E. DENOTES PUBLIC UTILITY AND r e DRAINAGE EASEMENT P.S.L. DENOTES PARKING SETBACK LINE CONVEYED TO NORTHERN B.S.L. DENOTES BUILDING SETBACK LINE444 ILLINOIS GAS CO. BY WARRANTY P.O.B. DENOTES POINT OF BEGINNING DEED RECORDED APRIL 25,1966 P.O.C. DENOTES POINT OF COMMENCEME• AS DOC. NO. 1068123 L D1 VI • P.0.8. I NORTHWEST CORNER OF LOT 3 IN ELGIN +a���wllii CORPORATE CENTER UNIT 6 PER ..........r �, t N 88'46'19" E DOCUMENT NUMBER R2004K150867 • RXLK 66.00 WesiInc of Lot�� g+�+10 P.U.dcD.E� ____ ,DL .(t f� �f��r Woo � FF/7 _4--West Center Unit 6 12.5' C.C. Ot 11 r'� r ) _ - ��west-R'0 W. Line of Millennium Drive �pi(�M�N,� I ,..:,....--,..L1-11 / MILLENNIUM DRIVE v' N o N/ HERETOFORE DEDICATED PER o PR Mt '$ o O p � N DOCUMENT NUMBER R2O04K150867 lZU pN //co 12.5'C.E. 66.00 �20' P.S.L. -.--- Lai 0 40' B.S.L. ��17.5' P.0 BD.E.� S 88'46'19" W �~ ra TEMPORARY TURNAROUND v c \ r EASEMENT PER DOCUMENT Ina to x u o \ NUMBER R2004K150867 Ei4111V4w �- -- LOT1 �., �,.�� a o ELGIN CORPORATE CENTER- f ( x w •z UNIT NO. 6 RESUBDIVISION NO. l DMtf D O utakt. ti 205 b I x c o pt ooPER DOC. NO. 2005K136573 t• vi est Line of Lot I in r w o z< Elgin Corporal e Center Unit 6 P-1 Resubdivision N . I yq • Mlles SUrve No.: 0 6 1 5 h • �`�� ,Ci • to3 b-N 1 I Ordered By.: Pancor Construction ?'tn, JACOB &41v„, HEFNER ASSOCIATES, P.C. r &h,Ler w> ¢ ENGINEERS • SURVEYORS I. Description: Z e Plot of Basement O U 0. Noyes*1001 E. Rand.8vtb ]bo Date Prepared' October II. 2008 u Oakbrook Torras.. IL.00101 '�" ( (63o)06e-4000 FAX taco)Qac-4601 Scale: 1`. sQ' nate tors: nwWo!o YE0 PRD1ONLL GRUEN row Fr•Parod 51: R7 UOBNSE NO. 1114-003079 W. 4/30/07 I 2007K093981 9/9