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Home My WebLink About21-8 Recorded 2021KO11476 SANDY WEGMAN RECORDER - KANE COUNTY, IL RECORDED: 2/11/2021 1:08 PM REC FEE: 52.00 PAGES: 10 I State of Illinois) County of Kane) ss City of Elgin ) CERTIFICATE OF CITY CLERK I, Kimberly Dewis,DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof." I DO FURTHER CERTIFY that the attached is a full,true,and correct copy of- RESOLUTION NO. 21-8 AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH NORTHERN ILLINOIS GAS COMPANY FOR THE TROUT PARK PIPELINE MODERNIZATION PROJECT passed by the Elgin City Council at its legally convened meeting held on January 27,2021. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City o . _ i,,�the said City in the County and State aforesaid this February 10,2021. �f b:..�A: . � C6f Clerk. \q'3 This instrument prepared by: Return to: William A. Cogley Kimberly Dewis Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin,IL 60120 Elgin,IL 60120 Resolution No. 21-8 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH NORTHERN ILLINOIS GAS COMPANY'FOR THE TROUT PARK PIPELINE MODERNIZATION PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Easement Agreement with Northern Illinois Gas Company, for the Trout Park Pipeline Modernization Project, for the property legally described in the Easement Agreement, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Easement Agreement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. s/David J. Kaptain i David J. Kaptain, Mayor Presented: January 27, 2021 Adopted: January 27, 2021 Omnibus Vote: Yeas: 8 Nays: 0 Abstain: 1 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk Space Above This Line For Recorder's Use PREPARED BY &RETURN TO: Nicor Gas Company tjj Land Services Department 16 East P.O. Box 190 Aurora, IL 60507-9970 Property Identification Number(PIN): Perm ROW Parcel No.: NORTHERN ILLINOIS GAS COMPANY EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as "Agreement") is made and entered into this 27th day of January , 2021, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as "Property Owner"), and NORTHERN ILLINOIS GAS COMPANY, an Illinois corporation, doing business as NICOR GAS COMPANY (hereinafter referred to as "NICOR"). WHEREAS, Property Owner-is the owner of real property more particularly shown and legally described on the exhibit entitled "Proposed NICOR Gas Easement Trout Park" prepared by DLZ.Industrial, LLC, dated August 28, 2019, attached to this Agreement as Exhibit "A" (hereinafter referred to as the"Easement Area"), WHEREAS, NICOR desires to establish an easement under, across and through the Easement Area; NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) cash in hand paid and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties, the parties agree as follows: 1. Incorporation of Recitals. The above recitals are hereby incorporated into this Agreement as if fully set forth herein. 1 2. Grant of Easements. Property Owner hereby grants and conveys to NICOR, its successors and assigns, the following easement, rights and privileges (collectively called the"Easement"): ' a. A perpetual easement from time to time in, over, under, upon and across the Easement Area to construct,,install, lay, maintain, inspect, test, operate, repair, replace, alter, renew, rebuild, reconstruct, upgrade, enhance, change, patrol, add, remove and retire single or multiple natural gas pipes, mains, equipment, cables, lines, conduits, valves, regulators, meters, anodes, fittings, markers, cathodic protection facilities, regulator stations, and pipeline communication systems, of every nature and description. . b. Following the exercise by NICOR of any easement rights granted herein, NICOR shall promptly repair and restore the Easement Area to a condition as good as, or better than, that which existed immediately prior to the existence of such rights as is reasonably practical. Except in cases of,emergency, Nicor shall access the Easement Area from public rights'of way.. c. No above-ground structures or improvements shall be constructed or maintained by NICOR in the Easement Area. d.. That said gas pipes and gas mains and the pertinent facilities.shall be constructed and maintained at a sufficient distance beneath the surface of the above described Easement Area and so constructed as to permit the use of the surface.of said Easement Area as a road and for park purposes in the same manner as they are presently being utilized. e. That NICOR shall conduct its activities consistent with good engineering practices. 3. Non-interference with Use of Easement Area. NICOR is hereby entitled to the use of the Easement Area for the:purposes set forth in this Agreement. Any use or activity by any other party that is inconsistent with the permitted uses of NICOR is strictly prohibited. Property Owner shall not construct or allow any others to construct any buildings, structures, septic tanks,drain tile or drain fields,or to excavate or place fill material within the Easement Area without the express written consent of NICOR. In the event that any use of the Easement Area by any party other than NICOR interferes or is inconsistent with NICOR's use or the rights granted to NICOR herein (hereinafter referred to as "Inconsistent Use"), the Inconsistent Use shall immediately be discontinued, and all obstructions, including, without limitation, all facilities, buildings, and other structures, associated with the Inconsistent Use, shall be removed from the Easement Area to the extent necessary to avoid interference with the NICOR's use of the Easement Area, and all costs and expenses associated with discontinuing such Inconsistent Use and removing any obstructions shall be borne by the party engaged in such Inconsistent Use. 4. Transferability. NICOR shall not lease, sell, assign, transfer, grant easements and convey to others, the estates, title, interests, rights; and privileges granted or declared in this Agreement, in whole or in part, without the written prior.consent of Property Owner, which shall not be unreasonably withheld, conditioned or delayed. 2 5. Indemnification. NICOR for itself, its agents and independent contractors, hereby agrees to and shall indemnify and hold the Property Owner and its successors harmless from'any and all,claims for personal injuries or property damage arising out.of NICOR's use of the Easement Area, except to the extent such personal injuries arise from the negligence or willful misconduct of the Property Owner. NICOR further agrees to indemnify and hold harmless the Property Owner from any and all liens placed against the Easement Area arising from activities by NICOR, its agents or contractors. 6. Release of Other Easements.. Upon recording of this Agreement, subject to the conditions below, NICOR hereby releases the easement from the City of Elgin entitled "Easement for Gas Pipe Line on City of Elgin Property Trout Park" previously recorded as Document No. 883606 on March 1, 1959. NICOR hereby further releases the City of Elgin Easement entitled "Easement" previously recorded as Document No. 1154459 on December 3, 1969. The foregoing easements are hereinafter referred to as the "Released Easements". Such Released Easements are hereby released, terminated and null and void. The Released Easements shall be released and terminated on December 31, 2021. The removal or abandoned in place of the existing NICOR improvements in .the Released Easements shall.be pursuant to plans and specifications reasonably approved by the City. 7. Governine Law. This Agreement shall be construed, enforced and interpreted in accordance with the laws of the State in which the Property is located. 8. Binding Effect. This Agreement shall be binding upon and enforceable against, and shall be for the benefit of,the parties hereto and their respective heirs,legal representatives, successors and assigns. 9.Entire Agreement;Other Easements. This Agreement supersedes all prior discussions and agreements between the parties and contains the entire agreement between the parties with respect to the Easement and the other matters described herein. In the event NICOR currently has any other easement or easements pertaining in whole or part to the Easement Area,then the provisions of such other easements and this Agreement shall be cumulative; provided however, in the event of any conflict between the terms of this Agreement and the terms of any other easements, the terms of this Agreement shall apply. 10. Severability. If any of the provisions of this Agreement are hereinafter expressly declared by a court of competent jurisdiction to be invalid or unenforceable, then any such provision shall be canceled and severed from this Agreement and the other provisions of this Agreement shall continue in full force and effect. 11. Running with the Land. The provisions of this Agreement shall run with and bind the Property and shall be and remain in effect perpetually. 12.Enforcement. The parties shall have the right to take any action,whether at law or at equity, to enforce or prevent the interference with, the easements, rights and privileges granted in this Agreement. 13. Headings. The headings of this Agreement are for convenience only, shall in no way define or limit the scope or content this Agreement, and shall not be considered in any construction or interpretation of the provisions of this Agreement or any part of this Agreement. 3 14. Counterparts. This Agreement may be executed in several counterparts, each of, which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument. 15. Construction. No provision of this Agreement shall be construed against or interpreted to the disadvantage of any party by reason of such party having or being deemed to have prepared or drafted such provision. 16. Restoration. NICOR shall restore all that portion of Property damaged and/or disturbed by NICOR during the original installation and during any subsequent, maintenance, repair, replacement or removal of its systems to a condition as good as, or better than, that which existed immediately prior to NICOR entering Property for such purposes, with the exception of vegetation, provisions for which are discussed below. Property Owner acknowledges that property restoration is dependent upon weather; therefore, weather permitting NICOR agrees that it shall perform all such restoration in a timely manner. 17. Vegetation. NICOR shall at all times have the right to keep the Easement Area clear of all trees, limbs, stumps, roots and undergrowth (herein referred to as "Vegetation"). All Vegetation removed by NICOR shall be disposed of by NICOR within one (1)month after removal. 18.Exhibits. Each and ever exhibit referred to or otherwise mentioned in this Agreement Y g is attached to this Agreement and shall be construed to be a part of this Agreement by such reference or other mention at each point at which such reference or other mention occurs, in the same manner and with the same effect as if each exhibit were set forth in full and at length every time such terms are used. i 19.Authority. The parties warrant and represent one to the other that they have full power and authority to enter into this Agreement. TO HAVE AND HOLD, the rights, privileges and duties set out herein. IN WITNESS WHEREOF, the Grantor has caused this document to be executed and has set its hand(s) and seal(s) this 27 th day of January , A.D., 2021. 1 CITY OF E , an al co ration By: ayor zT: City Clerk 4 City of Elgin 150 Dexter Court Elgin, IL 60120 Attn: City Clerk NICOR omp ny, an Illinois or or tion By: � . P.4-nee .�. ws��-rEriva Its SeaV.-Og vica— �Z-�S/O�NT, OPBVzAy�'Gs�� F:Uzgal Dept\Agreement\Nicor Easement Agr-Clean-2-18-20.docx This Document Prepared By: Property Address: Land Services Department Nicor Gas Company 1844 Ferry Road Naperville, Illinois 60563-9600 5 STATE OF]LLINOIS ) SS COUNTY OF KANE ) I, .n �� .,;� , a Notary Public in and for said County and State, do hereby certify that David J. Kaptain, Mayor of the City of Elgin, and Kimberly Dewis, City Clerk of the City of Elgin, personally known to me to be the same person(s) whose name(s) is/are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she/they signed, sealed and delivered said instrument as his/her/their free and voluntary act(s) for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of yet , A.D., 2020. tary My Commission Expires: JENNIFER J. QUINTON OFFICIAL SEAL + Notary Public,State of Illinois My Commission Expires January 10,2024 (Stamp) 6 � STATE OF IL,LINOIS ) ) SS COUNTY OF ) a Notary Public in and for said County and State, do hereby certify that �, . 11.`��1,1. personally known to me to be the same person(s) whose name(s) is/are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she/they signed, sealed and delivered said instrument as his/her/their free and voluntary act(s) for the uses and purposes therein set forth. 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