HomeMy WebLinkAbout08-282 Resolution No. 08-282
RESOLUTION
AUTHORIZING EXECUTION OF A PIPELINE EASEMENT AGREEMENT
WITH METRA FOR JOINT DISPOSAL MAIN TO CROSS METRA RAILWAY
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 a Pipeline Easement Agreement with Metra for Joint Disposal Main to Cross Metra Railway,
a copy of which is attached hereto.
s/ Ed Schock
Ed Schock, Mayor
Presented: November 19, 2008
Adopted: November 19, 2008
Vote: Yeas: 5 Nays: 0
Attest:
s/ Diane Robertson
Diane Robertson, City Clerk
SM
547 W. Jackson Blvd. Chicago, Illinois 60661 Telephone:(312)322-6900 TTY# 1-312-322-6774
December 4, 2008
Mr. Christopher Beck
The City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
Re: Pipeline Easement Agreement N01437 to Install an 8" & 14" Pipeline
Elgin, Illinois
Dear Mr. Beck:
Attached for your records is a fully executed original of Pipeline Easement Agreement
N01437. This Agreement allows representatives of The City of Elgin to enter upon Metra
property for the installation of an eight (8) and fourteen (14) inch pipeline on Metra's
property located approximately 450 feet south of Frazier Avenue in Elgin, Illinois.
Prior to the commencement of any work on Metra's right of way your contractor must
contact Metra for a Right of Entry Agreement. Your contractor must have certificate of
insurance approved by Metra. Please note that Metra has specific insurance requirements
for working on railroad property. If you have any questions regarding Metra's insurance
requirements, please call Mr. Kerry Brunette of Metra's Risk Management Department at
(312) 322-6991. If you have any other questions, please contact me at (312) 322-8016.
Sincerely,
A 5"
Daniel A. Kneita, Associate Contract Administrator
Real Estate Acquisitions & Property Development
cc:
E. Flood, Esq.
A. Ognibene
J. Lorenzini
J. W. Sanford
D. Rodriguez (CCF) (w/attachments)
C. Stampley
L. Powell
J. Rabens (w/attachments)
Metra is the registered service mark for the Northeast Illinois Regional Commuter Railroad Corporation.
N 4 3 7x
PIPELINE EASEMENT AGREEMENT
The Commuter Rail Division of the Regional Transportation Authority, a division of an
Illinois municipal corporation ("Metra"), whose address is 547 West Jackson Boulevard,
Chicago, Illinois 60661, hereby grants to The City of Elgin,
a municipality of Illinois with offices located at 150 Dexter Court, Elgin, Illinois ("Grantee"), a
non-exclusive easement, being five (5) feet in width for pipeline purposes ("Easement") and no
other purpose, along the right of way and tracks (or track, as the case may be) of Metra located
approximately 450 feet south of Frazier Avenue delineated on the plat attached to and made a
part of this Easement as Exhibit "A" ("Premises") together with the right of reasonable access
thereto for the purpose of exercising the rights and privileges granted in this Easement. Metra
and Grantee are hereinafter sometimes individually referred to as a "Party" and collectively
referred to as the "Parties".
That for and in consideration of payments to be made to Metra by Grantee, as hereinafter
set forth, and also of the covenants and agreements hereinafter stated, Metra hereby grants to
Grantee the right to install one (1) eight (8) inch pipeline for the purpose of transporting sanitary
sewage and/or sludge for and to be connected with the Fox River Water Reclamation District's
sanitary sewage system, and one (1) fourteen (14) inch pipeline for the purpose of transporting
lime sludge for and to be connected with the City of Elgin's lime disposal facilities, both encased
within an existing thirty (30) inch steel pipe ("Pipeline"), and thereafter to maintain, operate and
renew the same during the continuance of this Easement, across, underneath or along the
Premises.
This Easement is granted upon the following express conditions, terms and covenants to
be observed, kept and performed by Grantee:
1. (a) As one of the considerations for this Easement, Grantee agrees to pay to
Metra the sum of$1,500.00 for the cost of preparing this Easement, payable in advance.
(b) Additionally, Grantee shall pay to Metra as fair and reasonable
compensation an Easement fee in the amount of$139,000.00 ("Easement Fee").
2. Said Pipeline shall be installed and constructed in accordance with the
specifications and notes set forth on Exhibit "A". The installation of said Pipeline, including the
digging and filling of any trench and the time and manner of doing all of the work or of any
maintenance, repairs, replacements or renewals upon the Premises, shall be as directed by
Metra's authorized representatives. All of said work shall be done at Grantee's sole cost and
expense, in a good and workmanlike manner, and in accordance with plans, specifications, and
profiles to be prepared by Grantee and submitted for approval to Metra's authorized
representatives, and until such approval is given, said work upon the Premises shall not be
commenced by Grantee.
Pipmmi.&m November 19,2008 1
3. Upon completion of the initial installation and construction of the Pipeline, and
upon completion of any subsequent installation, reconstruction, maintenance, repair or
replacement of the Pipeline, Grantee, at its own cost and expense, shall remove any debris and
restore, or cause to be restored to the reasonable satisfaction of Metra, the Premises and any
other affected portion of Metra's property ("Property") as nearly as may be, to the same or better
condition than that which existed immediately prior to commencement of such activities by
Grantee. In the event Grantee fails to cause the Premises and the Property to be restored to the
reasonable satisfaction of Metra as provided for herein, Metra shall have the right to restore the
Premises and the Property and Grantee shall reimburse Metra for all costs and expenses incurred
by Metra in its performance of the obligations imposed upon Grantee hereunder.
4. Metra shall permit Grantee reasonable right of entry to the Premises for the
purpose of installing; constructing, replacing, repairing, maintaining and operating said Pipeline.
Metra may, however, restrict the location of entry points or access on or over the Premises.
5. Any rights to the Premises not specifically granted to Grantee herein are reserved
to Metra and its successors and/or assigns. The Pipeline shall be installed, constructed, repaired,
maintained and operated in a manner so as not to interfere with efficient rail operations or any
other business operations or activities being conducted by Metra or Metra's tenants or permittees
on the Premises and so as not to prevent or unreasonably interfere with use and enjoyment of the
Premises by Metra, its employees, agents or permittees for the purpose(s) to which the Premises
is now, or may hereafter be committed by Metra. Metra shall have the right to retain the existing
tracks and other improvements at the location of this Pipeline on or adjacent to the Premises and
also shall have the right at any and all times in the future to construct, maintain and operate over,
under, across or parallel to said Pipeline such additional track or tracks as it may from time to
time elect. Nothing shall be done or caused to be done by Grantee that will in any manner impair
the usefulness or safety of the tracks and other improvements of Metra, or such track or tracks
and other improvements as Metra may in the future construct or cause to be constructed over,
under, across, or parallel to said Pipeline. This Easement is expressly subject to the rights of
third parties to maintain utility and other improvements permitted by Metra on the Premises and
the Property. Metra reserves the exclusive right to grant future easements and licenses over,
under, across or parallel to the said Pipeline, provided such easements and licenses do not
interfere with the Pipeline and the rights granted Grantee pursuant to this Agreement, as
determined by Metra in its sole discretion:
6. Grantee agrees that it will bear and pay the entire cost of constructing,
maintaining, repairing, replacing and operating said Pipeline. Grantee shall install, construct,
maintain, repair, replace, and operate the Pipeline in accordance with all applicable federal, state
and local municipal laws, ordinances, rules and regulations promulgated by governmental
authorities. Grantee shall not commence work upon the Premises until Metra shall have approved
Grantee's plans, specifications and profiles, such approval not to be unreasonably withheld or
delayed. Metra's approval of Grantee's plans, specifications and profiles, shall not relieve
Grantee of the duty to verify that the plans, specifications and profiles, and all amendments
thereto, are in compliance with the requirements of this paragraph.
Pipcemi.(rmNovemba 19,2008 2
7. Grantee shall give to Metra reasonable advance written notice of the time when
Grantee will commence any construction, replacement, repair or maintenance of said Pipeline in
order that Metra may, if it so desires, have its representative(s) present for the purpose of
directing said work so that the same may be done in a manner satisfactory to Metra. Metra in no
way waives any rights by failing to have said representative present.
8. Grantee shall not place, keep, store or otherwise permit to be placed, kept or
stored on the Premises or the Property any equipment or materials except during such time as
Grantee's employees, agents or contractors are physically present and conducting activities
permitted under the terms of this Easement. Grantee agrees that it shall not operate or cause to
be operated any vehicle of any kind on the Premises, on any track or on the Property without
prior authorization from Metra's authorized representative; provided, however, that Grantee shall
not be prohibited from operating Grantee's vehicles and equipment on any public crossing of
Metra's tracks and rights of way. To the extent that in the reasonable opinion of Metra or its
designee, flagging and supervisory services are deemed necessary by reason of the installation,
construction, repair, renewal, alteration or removal of said Pipeline, Grantee shall, upon receipt
of a bill or invoice therefore, reimburse Metra or its designee for the reasonable cost and expense
of furnishing such flagging and supervisory services.
9. Grantee agrees that before and during the installation, construction, replacement,
repair, maintenance, or operation of said Pipeline, or at any other time, Metra shall have the right
to provide such safe and temporary structures as it may deem necessary for safely caring for and
preserving its tracks, buildings or other improvements and Grantee agrees to pay to Metra the
entire cost of putting in or removing such temporary structures and of restoring the Premises and
the Property as near as may be to the same condition that existed before the commencement of
said work.
10. Grantee agrees that it will, immediately upon receipt of a statement showing the
amount thereof, pay all costs of any and all work performed upon the right of way and tracks of
Metra which shall be made necessary by the construction, maintenance, repair, replacement,
renewal or presence thereon of said Pipeline.
11. Grantee agrees that should the construction, maintenance, operation, repair or
presence of the Pipeline necessitate any change or alteration in the location or arrangement of
any other pipelines, appurtenances or other improvements located on the Premises or the
Property, the cost of such change or alteration shall be paid by Grantee within thirty (30) days of
presentation of a bill by Metra. Grantee further agrees that if, at any time, Metra shall desire to
change the location or grade of its track or tracks or shall desire to use or allow third party
railroads to use its right of way at said point of crossing or at any point along a parallel course
with the Pipeline for any purpose whatsoever, including but not limited to track installations by
Metra or third parties, Grantee, at its own cost and expense, shall alter, relocate or make all
changes to the Pipeline required by Metra. If Grantee shall fail, neglect or refuse to relocate or
make such change(s) to the Pipeline for a period of ninety (90) days after the receipt of written
Pipeemt.Gm.November 19,?008 3
notice from Metra, then Metra may make or cause to be made such relocation or change(s) at the
expense of Grantee.
12. Grantee shall at all times install, construct, replace, repair, maintain and operate
said Pipeline in a secure, safe and sanitary condition and in accordance with all applicable laws,
ordinances, rules and regulations. Grantee shall take all reasonable safety precautions to
adequately secure the Premises, warn of risks and ensure the safety of the public during periods
of construction, reconstruction, replacement, repair, maintenance and operation of the Pipeline.
If the manner of installing, constructing, repairing, maintaining, replacing or operating said
Pipeline shall at any time be in violation of any applicable law, ordinance, rule, or regulation
promulgated by governmental authority, then Grantee shall, at no cost or expense to Metra, upon
receipt of appropriate notice from a governmental agency having enforcement jurisdiction over
the Premises, make such changes or repairs as shall be necessary. Failure or refusal of Grantee
to make the required changes or repairs within the time prescribed by said agency shall terminate
this Agreement, and Grantee's rights and interest shall revert to Metra; provided, however, that
this Agreement that it shall not terminate as long as Grantee, in good faith and by pursuit of
appropriate legal or equitable remedies, enjoins, defends against, appeals from or pursues other
lawful measures to avoid the enforcement of said laws, ordinances, rules or regulations or so
long as Grantee is diligently pursuing compliance..
13. To the fullest extent permitted by law, Grantee hereby assumes and agrees to
release, acquit and waive any rights against and forever discharge Metra, the Regional
Transportation Authority ("RTA") and the Northeast Illinois Regional Commuter Railroad
Corporation ("NIRCRC"), their respective directors, administrators, officers, employees, agents,
successors, assigns and all other persons, firms and corporations acting on their behalf or with
their authority from and against any and all claims, demands or liabilities imposed upon them by
law or otherwise of every kind, nature and character on account of personal injuries, including
death at any time resulting therefrom, or on account of damage to or destruction of property
arising out of or in any way relating to or occurring in connection with, the use of the Premises
or the Property for the purposes set forth in this Agreement, or which may occur to or be
incurred by Grantee, its employees, officers, agents and all other persons, firms and corporations
acting on Grantee's behalf or with Grantee's authority while on the Premises or the Property, or
arising from the condition of the Premises or the Property during the term of this Agreement,
whether or not such injuries or damages are caused by the actions, omissions or negligence of
Metra, the RTA, or the NIRCRC. Notwithstanding anything in this Easement to the contrary, the
releases and waivers contained in this paragraph shall survive termination of this Easement.
14. To the fullest extent permitted by law, Grantee agrees to indemnify, defend and
hold harmless Metra, the RTA and the NIRCRC, their respective directors, administrators,
officers, agents, employees, successors, assigns and all other persons, firms and corporations
acting on their behalf or with their authority, from and against any and all injuries, liabilities,
losses, damages, costs, payments and expenses of every kind and nature (including court costs
and attorneys' fees) as a result of claims, demands, actions, suits, proceedings, judgments or
settlements, arising out of or in any way relating to or occurring in connection with, the use of
Pipeemt.&m\ov mba 19,2008 4
the Premises or the Property for the purposes set forth in this Agreement, or the condition of the
Premises or the Property, or which may occur to or be incurred by Grantee, its employees,
officers, agents, and all other persons, firms and corporations acting on Grantee's behalf or with
Grantee's authority while on the Premises or the Property, whether or not such injuries,
liabilities, losses, damages, costs, payments or expenses are caused by the actions, omissions or
negligence of Metra, the RTA or the NIRCRC. Metra agrees to notify Grantee in writing within
a reasonable time of any claim of which it becomes aware which may fall within this indemnity
provision. Grantee further agrees to defend Metra, the RTA, the NIRCRC, their respective
directors, administrators, officers, agents and employees against any claims, suits, actions or
proceedings filed against any of them with respect to the subject matter of this indemnity
provision, whether such claims, suits, actions or proceedings are rightfully or wrongfully made
or filed; provided, however, that Metra, the RTA and the NIRCRC, may elect to participate in
the defense thereof at their own expense or may, at their own expense, employ attorneys of their
own selection to appear and defend the same on behalf of Metra, the RTA, the NIRCRC, and
their respective directors, administrators, officers, agents or employees. Grantee shall not enter
into any compromise, or settlement of any such claims, suits, actions or proceedings without the
consent of Metra, the RTA and the NIRCRC, which consent shall not be unreasonably withheld.
Notwithstanding anything to the contrary contained in this Agreement, the indemnities contained
in this paragraph shall survive termination of this Easement and the indemnification and hold
harmless provisions set forth in this Agreement shall not be construed as an indemnification or
hold harmless against and from the negligence of Metra, the RTA or the NIRCRC with respect to
any construction work performed by Grantee or those performing on behalf of or with the
authority of Grantee in violation of the Illinois Construction Contract Indemnification for
Negligence Act.
15. Prior to entering upon the Premises, Licensee agrees to furnish insurance in form
and in such amounts as required by Metra's Risk Management Department (312-322-6991) and
shall deliver to Metra's Risk Management Department certificates of insurance or such other
documentation acceptable to Metra's Risk Management Department evidencing the acquisition
of the required insurance to construct, install, use, maintain, repair, replace, operate and renew
the Pipeline in accordance with the terms of this Easement.
To the fullest extent permitted by law, during all periods that Grantee or those
persons authorized by or acting on behalf of Grantee are on the Premises to perform or cause to
be performed any installation, construction, maintenance, or repair with respect to the Pipeline,
Grantee shall cause the Commuter Rail Division of the Regional Transportation Authority and its
affiliated separate public corporation known as the Northeast Illinois Regional Transportation
Authority, both operating under the service mark Metra, as now exists or may hereafter be
constituted or acquired, including their interests in partnerships, and any other railroads operating
on Metra property, to be designated as additional insureds on all insurance policies relating to the
Premises and shall provide proof thereof to Metra prior to entering upon the Premises. At a
minimum, Grantee shall obtain and keep in force the following insurance relating to the
Premises:
Pipmmt.f n.Novemb r 19.2008 5
a. Worker's Compensation (Coverage A) in an amount no less than required under
State law. Additionally, Employer's Liability (Coverage B) in an amount no less
than Five Hundred Thousand Dollars ($500,000.00 — each accident, $500,000.00
—each disease and $500,000.00 policy limit-disease);
b. Business Automotive Liability Insurance with coverage of no less than One
Million Dollars ($1,000,000) combined single limit;
C. Commercial General Liability with coverage of no less than Two Million Dollars
($2,000,000) per occurrence; and Four Million Dollars ($4,000,000.00) aggregate.
The Commercial General Liability insurance policy shall not include any
exclusion for leakage seepage or pollution emanating from the pipeline(s).
d. Railroad Protective Public Liability Insurance (AAR-AASHTO form) in the name
of The Commuter Rail Division of the Regional Transportation Authority and its
affiliated separate public corporation known as the Northeast Illinois Regional
Transportation Authority, both operating under the service mark Metra, as now
exists or may hereafter be constituted or acquired including their interests in
partnerships (additional railroad(s) at Metra's discretion), providing for a limit of
no less than Two Million Dollars ($2,000,000.00) single limit, bodily injury
and/or property damage combined, for damages arising out of bodily injuries to or
death of any person in any one occurrence and for damage to or destruction of
property, including the loss of use thereof, in any on occurrence. Grantee will
furnish such insurance with an aggregate of no less than Six Million Dollars
($6,000,000.00) for all damages as a result of more than one occurrence.
Grantee or its contractor(s) shall not commence any work until it has obtained and provided the
required insurance and has received approval of same by Metra. All policies must be in full force
at the time of submission and shall not be canceled, modified, limited or allowed to expire
without having given Metra thirty (30) days prior written notice of such. Notice must be sent via
certified mail to: Metra, Attention: Director, Risk Management, 15th Floor, 547 West Jackson
Boulevard, Chicago, Illinois 60661.
Grantee's failure to obtain or to cause its contractors to obtain proper insurance coverage or to
insure Metra, the NIRCRC or the RTA as additional insureds shall not, at any time, operate as a
waiver of each Grantor's right to indemnification and defense against any claims, damages or
injuries covered under the terms and provisions of this Agreement. During the term, Metra may
make commercially reasonable increases in the amount of insurance required by Grantee or its
contractor(s) and/or sub-contractor(s) under the terms and provisions of this Agreement.
16. This Easement may be terminated by Metra effective sixty (60) days after giving
notice to Grantee if the Premises, or any portion thereof, is needed for any Metra or railroad
purposes as determined by Metra in its sole discretion or immediately upon notice to Grantee if
Grantee ceases to operate or maintain the Pipeline or violates any of the terms, conditions or
Pipeemt.frm.November 19,2008 6
provisions set forth in this Easement. In case of termination, Grantee shall remove from the
Premises said Pipeline and shall restore said Premises to the same or better condition than that
which existed prior to the construction and installation of said Pipeline; or upon failure, neglect
or refusal of Grantee to do so, Metra may make or cause to be made such removal and
restoration, and the total cost hereof shall be paid by Grantee; or, if Metra shall so elect, it may
treat the said Pipeline as abandoned by Grantee and may make such disposition thereof as it may
see fit. All rights and interest in and to said Premises shall revert to Metra if Grantee vacates,
abandons or ceases to use the Premises for a period of twelve (12) consecutive months. In such
event, Grantee shall, upon Metra's request, execute appropriate documents releasing Grantee's
interests.
17. This Easement and all of the terms, conditions, rights and obligations herein
contained shall inure to and be binding upon the Parties, their respective legal representatives,
lessees, permittees, successors and/or assigns whether hereinabove so stated or not; but it is
distinctly agreed that Grantee shall not assign its rights under this Easement without first having
received the prior written consent of Metra. It is Grantee's responsibility to give Metra notice of
any change in the identity of the Grantee. In the event Grantee fails to obtain the required
consent to assign its rights or fails to notify Metra of a change in the Grantee under this
Agreement, Metra may terminate this Agreement or, alternatively, charge Grantee a fee of Fifty
Dollars ($50) per day from the date of the actual assignment or change in Grantee until the date
Grantee furnishes to Metra the request for consent to the assignment or notice of the change in
Grantee.
18. All payments required to be made by Grantee to Metra under the terms,
conditions or provisions of this Easement shall be made within sixty (60) days of Grantee's
receipt of any demand or invoice from Metra evidencing the amount of the indebtedness due.
Payments not made within said sixty (60) day period shall accrue interest at a rate of one and one
half percent (1 %2%) per month or the highest amount permitted by Illinois law, whichever is less,
from the date payment is due until paid.
19. All notices, demands and elections required or permitted to be given or made by
either Party upon the other under the terms of this Easement or any statute shall be in writing.
Such communications shall be deemed to have been sufficiently served if sent by certified or
registered mail, return receipt requested, with proper postage prepaid, facsimile transmission or
hand delivered to the respective addresses shown below or to such other party or address as
either Party may from time to time furnish to the other in writing. Such notices, demands,
elections and other instruments shall be considered delivered to recipient on the second business
day after deposit in the U.S. Mail, on the day of successful transmission if sent by facsimile
transmission or on the day of delivery if hand delivered.
(a) Notices to Metra shall be sent to:
Commuter Rail Division
547 W. Jackson Boulevard
Pipeemi.Gm.Nov mbe 19,2008 7
Chicago, Illinois 60661
Attn: Law Department, General Counsel
Phone: (312) 322-6699
Fax: (312) 322-6698
(b) Notices to Grantee shall be sent to:
The City of Elgin
Attn: Water Systems Superintendent
150 Dexter Court
Elgin, Illinois 60120
Phone: (847) 931-6160
20. This Agreement shall be governed by the internal laws of the State of Illinois. If
any provision of this Agreement, or any paragraph, sentence, clause, phrase or word or the
application thereof is held invalid, the remainder of this Agreement shall be construed as if such
invalid part were never included and this Agreement shall be and remain valid and enforceable to
the fullest extent permitted by law provided that the Agreement, in its entirety as so
reconstituted, does not represent a material change to the rights or obligations of either of the
Parties. No waiver of any obligation or default of Grantee shall be implied from omission by
Metra to take any action on account of such obligation or default and no express waiver shall
affect any obligation or default other than the obligation or default specified in the express
waiver and then only for the time and to the extent therein stated. Whenever the context requires
or permits, the singular shall include the plural, the plural shall include the singular and the
masculine, feminine and neuter shall be freely interchangeable. In the event the time for
performance hereunder falls on a Saturday, Sunday or holiday, the actual time for performance
shall be the next business day. This Easement constitutes the entire agreement between the
Parties with respect to the subject matter hereof.
GRANTEE ACKNOWLEDGES THAT INSTRUMENTS OF RECORD, COURT DECISIONS,
OR THE LAWS OF THE STATE IN WHICH THE EASEMENT PREMISES ARE LOCATED
MAY LIMIT THE QUALITY OF METRA'S TITLE. GRANTEE FURTHER
ACKNOWLEDGES THAT GRANTEE PURCHASES THE EASEMENT SUBJECT TO
THESE POSSIBLE LIMITATIONS ON THE TITLE AND ASSUMES ALL
RESPONSIBILITY FOR INVESTIGATING THE TITLE TO THE EASEMENT PREMISES
AND THE APPLICABLE LAWS OF THE STATE.
Pipe t.Gm.Nov mbe 19,2008 8
IN WITNESS W REOF, the Parties hereto have duly executed this Agreement as of
this day of , 2000 .
ATTEST: COMMUTER RAIL DIVISION OF THE
REGIO T NSPORTATION
AUT
By: �Z' k/sj—��. By:
Assistant Secretary Phil*' ,./ a o
Exe ti erector
ATTEST: THE CITY OF ELGIN:
By: By:
Name: Diane Robertson Name: Ed Schock
Title: City Clerk Title: Mayor
Pip=mt.Gm.November 19,2008 9
STATE OF ILLINOIS )
SS.
COUNTY OF COOK )
I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO
HEREBY CERTIFY that Philip A. Pagano, personally known to me to be the Executive Director
of the Commuter Rail Division of the Regional Transportation Authority, a division of an Illinois
municipal corporation, and D°lures 1v1.
personally known to me to
be the Assistant Secretary of said Corporation, and personally known to me to be the same
persons whose names are subscribed to the foregoing instrument, appeared before me this day in
person and acknowledged that as Executive Director and Assistant Secretary of said Corporation,
they signed and delivered the said instrument in their official capacities pursuant to authority
given by the Board of Directors of said Corporation and as the free and voluntary act and deed of
said Corporation, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this � day of
2001 .
"IC
u —
Notary Public
[;THE =CFUMM
MAMOMOEM
Ae
Pipamt.fim\ov=bQ 19.2008 10
STATE OF ILLINOIS )
SS.
COUNTY OF W2K KANE )
I, the undersigned, a Notary Public, in and for the County and State aforesaid, DO
HEREBY CERTIFY that Ed Schock , personally known to me
to be the Mayor of the City of Elgin , an
Illinois municipality, and Diane Robertson personally known to
me to be the City Clerk of said Municipality, and
personally known to me to be the same persons whose names are subscribed to the foregoing
instrument, appeared before me this day in person and acknowledged that
as Mayor and City Clerk of said
Municipality, they signed and delivered the said instrument in their official capacities pursuant to
authority given by the Board of Directors and as the free and voluntary act and deed of said
Municipality, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this 19th day of November , 200 g
Notary blic
(SEAL) 'WRCIAL SEAL"
kWY GIFFORT
NAFY Pubk 3tate d liftis
MY Umn es 06M& ►2
Pipeemt.frm.November 19,2008 l 1
November 13, 2008
TO: Mayor and Members of the City Council
r:":,A
FROM: Olufemi Folarin; City Manager
Kyla Jacobsen. Water System Superintendent
SUBJECT: Easement Agreement with METRA for Joint Disposal Main Crossing Metra
Railway
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider execution of an Easement Agreement with Metra for the purpose of
installation of 8-inch and 14-inch pipe inside a 30-inch diameter steel casing.
RECOMMENDATION
It is recommended that the City Council approve the pipeline Easement Agreement with Metra
and authorize the City Manager to execute the agreement at a total cost of$140.500.
BACKGROUND
Burns & McDonnell (BMCD) has been hired by the City of Elgin to provide engineering
services for the completion of plans and specifications for the Joint Disposal Main. Their design
has identified a location in which the disposal main line must cross beneath Metra right-of-way.
On behalf of the City. BMCD submitted a request to Metra to cross their right-of-way. Metra
has agreed to allow the installation of Fox River Water Reclamation District (FRWRD) 8-inch
Force Sludge Line and the City of Elgin 14-inch Sludge Line inside an existing 30-inch steel
casing and forwarded the attached easement agreement for execution. A copy of the agreement
is attached for your consideration.
Metra originally proposed that the City pay an annual easement fee in the amount of $5.000.
This fee would be increased annually at a rate of three percent (3%) and Metra would have the
option to increase the annual easement fee every five (5) years in accordance with Metra's
scheduled rates or market conditions. The City has requested from Metra to provide us with a
one-time payment which would be in the best interest of the City. Under the proposed
Agreement. Metra will grant to the City an easement to install an 8-inch force main and a 14-
inch force main within the existing 30-inch casing pipe. The agreement provides for a one-time
Easement Agreement with Metra
November 13, 2008
Page 2
payment to Metra in the total amount of$140,500. The one-time payment of$140.500 to Metra
will be equally shared between the City of Elgin and FRWRD and each share is $70,250.
Under the agreement, the City of Elgin is the sole grantee. FRWRD is required to transfer
ownership of the portion of the FRWRD's 8-inch force main and the 30-inch casing pipe
installed within the easement premises to the City of Elgin.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
FINANCIAL IMPACT
The cost of this agreement with Metra is $140,500. There are sufficient funds budgeted
($6,455,352) and available ($1,168,262) in the 2008 Water Development Fund, account number
420-0000-771.92-41 "Distribution Systems," project number 409691 to enter into this
agreement.
LEGAL IMPACT
None
ALTERNATIVES
1. The City Council may choose to authorize the Pipeline Easement Agreement with Metra.
2. The City Council may choose not to authorize the Pipeline Easement Agreement with
Metra.
Respectfully submitted for Council consideration.
PLB/KBJ