HomeMy WebLinkAbout24-41 Resolution No. 24-41
RESOLUTION
AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH NORTHERN
ILLINOIS GAS COMPANY D/B/A NICOR GAS COMPANY FOR PUBLIC
IMPROVEMENTS
(IDOT Route 31 & US 20)
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, d/b/a
NICOR Gas Company, for public improvement easements associated with the Illinois Department •
of Transportation's U.S. Route 20 and Route 31 intersection improvements for the property legally
described on Exhibit A, a copy of which is attached hereto.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
cause the easement agreement to be recorded in the office of the Recorder of Deeds of Kane
County, Illinois.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: February 28, 2024
Adopted: February 28, 2024
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
2024KO13204
SANDY WEGMAN
RECORDER - KANE COUNTY, IL
RECORDED: 4/22/2024 1:52 PM
REC FEE: 58.00
PAGES: 19
Space Above This Line For Recorder's Use
PREPARED BY & RETURN TO:
Nicor Gas Company jj
Land Services Department / 6 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 28th day of February 2024 , 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 US Route 20 & State
Route 31," including P.I.N.Numbers 06-23-400-019, 06-23-400-020, and 06-23-400-015,
prepared by DLZ Industrial Surveying, Inc., dated May 31, 2023, and consisting of seven (7) pages
numbered 0768EX-1 through 0768EX-6, inclusive, 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.
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 the 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
2
this Agreement, in whole or in part, without the written prior consent of Property Owner,
which shall not be unreasonably withheld, conditioned, or delayed.
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. Governing Law. This Agreement shall be construed, enforced, and interpreted in
accordance with the laws of the State in which the Property is located.
7. 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.
8. 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.
9. 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.
10. Running with the Land. The provisions of this Agreement shall run with and bind
the Property and shall be and remain in effect perpetually.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. Exhibits. Each and every exhibit referred to or otherwise mentioned in this Agreement
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.
18. 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.
0
IN WITNESS WHEREOF, the Grantor has caused this document to be executed and has set its
hand(s) and seal(s) this 28th day of February , A.D., 2024.
CITY OF ELGIN, a nicipal corporation
By: .c
Mayor
AT S
City Clerk
City of Elgin
150 Dexter Court
Elgin, IL 60120
Attn: City Clerk
Northern Illinois Gas Company, an Illinois
Corp
orati d/b/a Nic Gas Compan
By
This Document Prepared By:
Land Services Department
Nicor Gas Company
1844 Ferry Road
Naperville, Illinois 60563-9600
5
Property Address:
595 & 600 S. State St.
Elgin, Illinois 60123
STATE OF ILLINOIS )
SS
COUNTY OF KANE )
I, �{ Qu,nAInS, 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 28 day of February , A.D., 2024.
My Commission Expires: j olly(„ J XQ-4
"OFFICIAL SEAL"
JENNIFER J QUINTON
Notary Public, State of Illinois
Commission No. 982682
I
Commission Ex Tres December 06, 2027
(Stamp)
2
STATE OF ILLINOIS )
SS
COUNTY OF )
I, LQ f �c\ , a Notary Public in and for said County and State, do hereby
certify thatC 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 , A.D., 2024.
tary My Commission Expires:
KART LYNN PRADO
Official Seal
Notary Public - State of Illinois
My Commission Expires Mar 24, 2026
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Parcel 1 Permanent Easement #1— 0768E-1
That part of the Southeast 1/4 of Section 23, Township 41 North, Range 8 East of
the Third Principal Meridian, in Kane County, Illinois, more particularly described as
follows:
Commencing at the intersection of the West line of said Southeast 1/4 with the
South right of way line of U.S. Route 20 per Dedication recorded as Document
579414 dated April 24,1947; Thence South 88 degrees 46 minutes 03 seconds East
(this and all subsequent bearings are referenced to the Illinois State Plane
Coordinate System of 1983, East Zone) along said South right of way line, 1741.61
feet to the beginning of a curve to the right, (said point also being the point of
beginning of document 579414 dated April 24, 1947); Thence Southeasterly along
said curve and South right of way line, having a radius of 959.76 feet, an arc length
of 208.78 feet, a chord bearing of South 72 degrees 46 minutes 55 seconds East
and a chord length of 208.37 feet; Thence South 66 degrees 33 minutes 09
seconds East along said south right of way line, 4.20 feet to the beginning of a
curve to the left; Thence Southeasterly along said curve and South right of way
line, having a radius of 3029.48 feet, an arc length of 379.80 feet, a chord bearing
of South 70 degrees 08 minutes 29 seconds East and a chord length of 379.55 feet
to the point of beginning; Thence continuing along said curve and south right of
way line, having a radius of 3029.48 feet, an arc length of 30.69 feet, a chord
bearing of South 74 degrees 01 minutes 24 seconds East, a chord length of 30.69
feet, to the Westerly right of way line of State Route 31 and Southerly right of way
line of U.S. Route 20 as dedicated per document 2023K013823 recorded May 2,
2023, in the Office of the Recorder of Kane County, Illinois; Thence South 15
degrees 41 minutes 12 seconds West along said Westerly right of way, 40.49 feet
to said Southerly right of way line; Thence North 70 degrees 19 minutes 12
seconds West, 29.86 feet; Thence North 14 degrees 21 minutes 01 seconds East,
38.57 feet to said South right of way line of U.S. Route 20 per document 579414,
to the point of beginning, containing 0.027 acres, more or less.
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Parcel 1 Permanent Easement _#2 — 0768EX-2
That part of the Southeast 1/4 of Section 23, Township 41 North, Range 8 East of
the Third Principal Meridian, in Kane County, Illinois, more particularly described as
follows:
Commencing at the intersection of the West line of said Southeast 1/4 with the
South right of way line of U.S. Route 20 per Dedication recorded as Document
579414 dated April 24, 1947; Thence South 88 degrees 46 minutes 03 seconds
East (this and all subsequent bearings are referenced to the Illinois State Plane
Coordinate System of 1983, East Zone) along said South right of way line, 1741.61
feet to the beginning of a curve to the right, (said point also being the point of
beginning of document 579414 dated April 24,1947); Thence Southeasterly along
said curve and South right of way line, having a radius of 959.76 feet, an arc length
of 208.78 feet, a chord bearing of South 72 degrees 46 minutes 55 seconds East
and a chord length of 208.37 feet; Thence South 66 degrees 33 minutes 09
seconds East along said South right of way line, 4.20 feet to the beginning of a
curve to the left; Thence Southeasterly along said curve and South right of way
line, having a radius of 3029.48 feet, an arc length of 410.49 feet, a chord bearing
of South 70 degrees 25 minutes 54 seconds East and a chord length of 410.24 feet;
Thence South 15 degrees 41 minutes 12 seconds West along the Westerly right of
way line of State Route 31 and Southerly right of way line of U.S. Route 20 as
dedicated per document 2023K013823 as recorded May 2, 2023, in the Office of
the Recorder of Kane County, Illinois, 40.49 feet; Thence South 70 degrees 19
minutes 12 seconds East along said Southerly right of way line, 21.08 feet to the
point of beginning; Thence continuing South 70 degrees 19 minutes 12 seconds
East along said Southerly right of way line, 15.83 feet to said westerly right of way
line; Thence South 01 degrees 01 minutes 05 seconds West along said Westerly
right of way line, 53.24 feet; Thence South 17 degrees 02 minutes 20 seconds
West, 54.35 feet; Thence North 01 degrees 01 minutes 05 seconds East, 110.54
feet to said south right of way line and the point of beginning, containing 0.028
acres, more or less.
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Temporary Easement
That part of the Southeast 1/4 of Section 23, Township 41 North, Range 8 East of
the Third Principal Meridian, in Kane County, Illinois, more particularly described as
follows:
Commencing at the intersection of the West line of said Southeast 1/4 with the
South right of way line of U.S. Route 20 per Dedication recorded as Document
579414 dated April 24, 1947; Thence South 88 degrees 46 minutes 03 seconds
East (this and all subsequent bearings are referenced to the Illinois State Plane
Coordinate System of 1983, East Zone) along said South right of way line, 1741.61
feet to the beginning of a curve to the right, (said point also being the point of
beginning of document 579414 dated April 24,1947); Thence Southeasterly along
said curve and South right of way line, having a radius of 959.76 feet, an arc length
of 208.78 feet, a chord bearing of South 72 degrees 46 minutes 55 seconds East
and a chord length of 208.37 feet; Thence South 66 degrees 33 minutes 09
seconds East along said South right of way line, 4.20 feet to the beginning of a
curve to the left; Thence Southeasterly along said curve and South right of way
line, having a radius of 3029.48 feet, an arc length of 410.49 feet, a chord bearing
of South 70 degrees 25 minutes 54 seconds East and a chord length of 410.24 feet;
Thence South 15 degrees 41 minutes 12 seconds West along the Westerly right of
way line of State Route 31 and Southerly right of way line of U.S. Route 20 as
dedicated per document 2023K013823 as recorded May 2, 2023, in the Office of
the Recorder of Kane County, Illinois, 40.49 feet to the point of beginning; Thence
South 70 degrees 19 minutes 12 seconds East along said Southerly right of way
line, 21.08 feet; Thence South 01 degrees 01 minutes 05 seconds West, 110.54
feet; Thence South 17 degrees 02 minutes 20 seconds West, 339.09 feet; Thence
North 77 degrees 07 minutes 45 seconds West, 60.32 feet; Thence North 14
degrees 21 minutes 01 seconds East, 452.57 feet; Thence South 70 degrees 19
minutes 12 seconds East, 29.86 feet to the point of beginning, containing 0.691
acres, more or less.
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Parcel 2 Permanent Easement — O768EX-4
That part of the Southeast 1/4 of Section 23, Township 41 North, Range 8 East of
the Third Principal Meridian, in Kane County, Illinois, more particularly described as
follows:
Commencing at the intersection of the West line of said Southeast 1/4 with the
South right of way line of U.S. Route 20 per Dedication recorded as Document
579414 dated April 24, 1947; Thence South 88 degrees 46 minutes 03 seconds
East (this and all subsequent bearings are referenced to the Illinois State Plane
Coordinate System of 1983, East Zone) along said South right of way line, 1741.61
feet to the beginning of a curve to the right, (said point also being the point of
beginning of document 579414 dated April 24,1947); Thence Southeasterly along
said curve and South right of way line, having a radius of 959.76 feet, an arc length
of 208.78 feet, a chord bearing of South 72 degrees 46 minutes 55 seconds East
and a chord length of 208.37 feet; Thence South 66 degrees 33 minutes 09
seconds East along said South right of way line, 4.20 feet to the beginning of a
curve to the left; Thence Southeasterly along said curve and South right of way
line, having a radius of 3029.48 feet, an arc length of 410.49 feet, a chord bearing
of South 70 degrees 25 minutes 54 seconds East and a chord length of 410.24 feet;
Thence South 15 degrees 41 minutes 12 seconds West along the Westerly right of
way line of State Route 31 and Southerly right of way line of U.S. Route 20 as
dedicated per document 2023K013823 as recorded May 2, 2023, in the Office of
the Recorder of Kane County, Illinois, 40.49 feet; Thence South 70 degrees 19
minutes 12 seconds East along said Southerly right of way line, 36.91 feet; Thence
South 01 degrees 01 minutes 05 seconds West along said Westerly right of way
line, 53.24 feet to the point of beginning; Thence continuing South 01 degrees 01
minutes 05 seconds West along said Westerly right of way line, 408.63 feet;
Thence South 05 degrees 18 minutes 07 seconds West along said westerly right of
way line, 185.20 feet; Thence North 85 degrees 10 minutes 10 seconds West, 1.17
feet; Thence North 01 degrees 01 minutes 05 seconds East, 540.99 feet; Thence
North 17 degrees 02 minutes 20 seconds East, 54.35 feet to the point of beginning,
containing 0.167 acres, more or less.
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Parcel 2 Temporary Easement #1— O768EX-5
That part of the Southeast 1/4 of Section 23, Township 41 North, Range 8 East of
the Third Principal Meridian, in Kane County, Illinois, more particularly described as
follows:
Commencing at the intersection of the West line of said Southeast 1/4 with the
South right of way line of U.S. Route 20 per Dedication recorded as Document
579414 dated April 24, 1947; Thence South 88 degrees 46 minutes 03 seconds
East (this and all subsequent bearings are referenced to the Illinois State Plane
Coordinate System of 1983, East Zone) along said South right of way line, 1741.61
feet to the beginning of a curve to the right, (said point also being the point of
beginning of document 579414 dated April 24,1947); Thence Southeasterly along
said curve and South right of way line, having a radius of 959.76 feet, an arc length
of 208.78 feet, a chord bearing of South 72 degrees 46 minutes 55 seconds East
and a chord length of 208.37 feet; Thence South 66 degrees 33 minutes 09
seconds East along said South right of way line, 4.20 feet to the beginning of a
curve to the left; Thence Southeasterly along said curve and South right of way
line, having a radius of 3029.48 feet, an arc length of 410.49 feet, a chord bearing
of South 70 degrees 25 minutes 54 seconds East and a chord length of 410.24 feet;
Thence South 15 degrees 41 minutes 12 seconds West along the Westerly right of
way line of State Route 31 and Southerly right of way line of U.S. Route 20 as
dedicated per document 2023K013823 as recorded May 2, 2023, in the Office of
the Recorder of Kane County, Illinois, 40.49 feet; Thence South 70 degrees 19
minutes 12 seconds East along said Southerly right of way line, 36.91 feet; Thence
South 01 degrees 01 minutes 05 seconds West along said Westerly right of way
line, 53.24 feet; Thence South 17 degrees 02 minutes 20 seconds West, 54.35 feet
to the point of beginning; Thence South 01 degrees 01 minutes 05 seconds West,
345.56 feet; Thence North 77 degrees 07 minutes 45 seconds West, 95.63 feet;
Thence North 17 degrees 02 minutes 20 seconds East, 339.09 feet to the point of
beginning, containing 0.371 acres, more or less.
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Parcel 2 Temporary Easement #2 0768EX-6
That part of the Southeast 1/4 of Section 23, Township 41 North, Range 8 East of
the Third Principal Meridian, in Kane County, Illinois, more particularly described as
follows:
Commencing at the intersection of the West line of said Southeast 1/4 with the
South right of way line of U.S. Route 20 per Dedication recorded as Document
579414 dated April 24, 1947; Thence South 88 degrees 46 minutes 03 seconds
East (this and all subsequent bearings are referenced to the Illinois State Plane
Coordinate System of 1983, East Zone) along said South right of way line, 1741.61
feet to the beginning of a curve to the right, (said point also being the point of
beginning of document 579414 dated April 24,1947); Thence Southeasterly along
said curve and South right of way line, having a radius of 959.76 feet, an arc length
of 208.78 feet, a chord bearing of South 72 degrees 46 minutes 55 seconds East
and a chord length of 208.37 feet; Thence South 66 degrees 33 minutes 09
seconds East along said South right of way line, 4.20 feet to the beginning of a
curve to the left; Thence Southeasterly along said curve and South right of way
line, having a radius of 3029.48 feet, an arc length of 410.49 feet, a chord bearing
of South 70 degrees 25 minutes 54 seconds East and a chord length of 410.24 feet;
Thence South 15 degrees 41 minutes 12 seconds West along the Westerly right of
way line of State Route 31 and Southerly right of way line of U.S. Route 20 as
dedicated per document 2023KO13823 as recorded May 2, 2023, in the Office of
the Recorder of Kane County, Illinois, 40.49 feet; Thence South 70 degrees 19
minutes 12 seconds East along said Southerly right of way line, 36.91 feet; Thence
South 01 degrees 01 minutes 05 seconds West along said Westerly right of way
line, 461.86 feet; Thence South 05 degrees 18 minutes 07 seconds West along said
Westerly right of way line, 185.20 feet to the point of beginning; Thence
continuing South 05 degrees 18 minutes 07 seconds West along said Westerly
right of way line, 10.00 feet; Thence North 85 degrees 10 minutes 10 seconds
West, 39.88 feet; Thence North 04 degrees 49 minutes 50 seconds East, 30.00
feet; Thence South 85 degrees 10 minutes 10 seconds East, 37.46 feet; Thence
South 01 degrees 01 minutes 05 seconds West, 20.04 feet; Thence South 85
degrees 10 minutes 10 seconds East, 1.17 feet to the point of beginning,
containing 0.027 acres, more or less.