HomeMy WebLinkAbout71-0825 Recorded Eaement Northern Ill Gas Kul- b'3915
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evoK 2769 f AGE 296
RESOLUTION
ACCEPTING AN EASEMENT FOR A WATER MAIN LINE FROM THE NORTHERN
ILLINOIS GAS COMPANY UNDER , UPON AND ACROSS CERTAIN REAL PROPERTY
SITUATED IN THE CITY OF ELGIN , KANE COUNTY , ILLINOIS .
WHEREAS , the Northern Illinois Gas Company , is the owner
of record of the following described real estate , to-wit :
The West 30 feet of the following described property :
That part of the Southwest Quarter of the Southwest
Quarter of Section 33 , Township 42 North , Range 8
East of the Third Principal Meridian , in the County
of Kane , State of Illinois , bounded and described as
follows , to-wit:
Commencing at the Southeast corner of the Southwest
Quarter of the Southwest Quarter of said Section 33 ;
thence continuing Westerly along the South line of said
Section 33 a distance of 1242 .0 feet to a point in the
center line of a public highway known as Sleepy Hollow
Road ; thence Northwesterly along said highway center
line , forming an angle of 81 degrees 20 minutes to the
right with the last described course extended , a distance
of 83 . 3 feet to a point distant 82 . 5 feet Northerly ,
measured at right angles , from the South line of said
Section 33 ; thence Easterly parallel with the South
line of said Section 33 a distance of 1254 . 67 feet
to a point in the East line of the Southwest Quarter
of the Southwest Quarter of said Section 33 ; thence
Southerly along the East line of the Southwest Quarter
of the Southwest Quarter of said Section 33 , forming
an angle of 90 degrees 04 minutes to the right with the
last described course extended , a distance of 82 . 5 feet
more or less to the point of beginning .
and ,
WHEREAS , it is necessary and in the public interest that
the City of Elgin secure an easement for the purpose of constructing
and maintaining a water main line under , upon and across the
above described real estate , and
WHEREAS , the Northern Illinois Gas Company , by written
Easement Agreement , dated 25th day of August , 1971 , a copy of
which is attached hereto and made a part hereof , have agreed to
r1 grant said Easement .
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e1 NOW , THEREFORE , BE IT RESOLVEDBY THE COUNCIL OF THE
CITY OF ELGIN , ILLINOIS : '
That the aforedescribed Easement Agreement for a water main
line be , and the same hereby is , accepted and the Mayor and City
Clerk are hereby authorized and directed to execute said
Easement Agreement for and "on behalf of the City of Elgin .
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BE IT FURTHER RESOLVED THAT the City Clerk be , and she
hereby is , authorized to file said Easement Agreement for
recording in the Office of the Recorder of Deeds of Kane County ,
Illinois .
W. E. Rauschenberger (Signature)
W . E . Rauschenberger , Mayor
Presented : August 25, 1971
Adopted : August 25, 1971
Vote : Yeas 7 Nays p
Recorded : August 25, 1971
Attest :
Margaret A. Shales (Signature)
Margaret A . Shales , City Clerk
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r-e6 BOOK2763 PAGE297
State of Illinois
County of Kane as Certificate of City Clerk
ti City of Elgin
I, Margaret A. Glink,DO HEREBY CERTIFY that I am the City Clerk of the City of Elgin,
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
C4 "RESOLUTION ACCEPTIN.G.M.. SE FN.T )'OR A WATER MAIN LINE
FROM THE NORTHERN ILLINOIS GAS COMPANY UNDER UPON AND
ACROSS CERTAIN REAL PROPERTY SITUATED IN THE CITY OF
ELGIN, KANE COUNTY, ILLINOIS"
the original of which.Is entrusted to my care for safe keeping.
In Witness Whereof,I have hereunto set my hand and affixed the corporate seal of the
City of Elgin at the said City in the County and State aforesaid this 7 th day of
June 19 72
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City Clerk.
(SEAL) BOOK 2763 PAGE 2
N
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If) EASEMENT AGREEMENT
THIS INDENTURE, made and entered into this ; ' day
of C1- -44-41— , 1971, by and between NORTHERN ILLINOIS GAS
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COMPANY, a corporation organized and existing under and by virtue
of the laws of the State of Illinois (hereinafter sometimes referred
to as "Grantor") and CITY OF ELGIN, a municipal corporation of the
State of Illinois (hereinafter sometimes referred to as"Grantee") :
W I T N E S S E T H :
WHEREAS, Grantee has requested Grantor to grant unto it a
nonexclusive perpetual easement to install, construct, reconstruct,
operate, maintain, alter, repair, replace and remove one 12-inch
cast iron water main (hereinafter referred to as "Facilities')
in, under, upon and across certain real property owned by Grantor
in Kane County, Illinois (hereinafter more fully described) .
WHEREAS, Grantor, insofar as it has the right so to do,
is willing to grant to Grantee a nonexclusive perpetual easement
for said Facilities but only upon the terms , covenants and condi-
tions hereinafter set forth:
NOW THEREFORE, in consideration of ten dollars ($10.00)
and other good and valuable consideration, the receipt and suffi-
ciency of which are hereby acknowledged, and in further consideration
of the mutual covenants and agreements hereinafter set forth, Grantor
hereby grants , without warranty of title, unto Grantee, its successors
and assigns , a nonexclusive perpetual easement to install, con-
struct, reconstruct , operate, maintain, alter, repair, replace and
remove one 12-inch cast iron water main in, under, upon, through
and across a strip of land 82.5 feet in width described as follows :
The West 30 Feet of the following described property:
That part of the Southwest Quarter of the Southwest Quarter
of Section 33, Township 42 North, Range 8 East of the Third
Principal Meridian, in the County of Kane, State of Illinois ,
bounded and described as follows , to-wit:
Commencing at the Southeast corner of the Southwest Quarter
of the Southwest Quarter of said Section 33 ; thence contin-
uing Westerly along the South line of said Section 33 a dis-
tance of 1242.0 feet to a point in the center line of a pub-
BOOK 2763 PAGE 299
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lic highway known as Sleepy Hollow Road; thence North-
westerly along said highway center line, forming an angle
of 81 degrees 20 minutes to the right with the last des-
cribed course extended, a distance of 83.3 feet to a point
distant 82.5 feet Northerly, measured at right angles , from
the South line of said Section 33 ; thence Easterly parallel with
the South line of said Section 33 a distance of 1254.67 feet
to a point in the East line of the Southwest Quarter of the
Southwest Quarter of said Section 33 ; thence Southerly along11 co
East line of the Southwest Quarter of the Southwest o
Quarter of said Section 33 , forming an angle of 90 degrees
04 minutes to the right with the last described course
extended, a distance of 82.5 feet more or less to the point
of beginning. co.D
together with the right of ingress and egress thereto.
The easement for said Facilities herein granted by CD
Grantor to Grantee is granted upon the following 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:
1. The easement herein granted shall be exercised by
Grantee in a manner that will not in Grantor 's judgment interfere
with the present installations or operations of Grantor 's upon
the 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 Facilities constructed by Grantee
pursuant to this Easement Agreement shall interfere with such
proposed use of the premises by Grantor, Grantor shall deliver
to Grantee a written notice describing such proposed use and
stating that said Facilities of Grantee will interfere with such
proposed use. This notice shall be accompanied by an itemized
list of any additional construction costs to be incurred by
Grantor if Grantor alters its proposed construction to avoid
interference with said Facilities of Grantee 's . Upon receipt
of such notice and itemization of additional cost, Grantee shall
have the option of either (1) notifying Grantor within 10 days of
the receipt of such notice that it elects to relocate said
Facilities , at its sole cost and expense, within a period of 60
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days to another location on the property of Grantor mutually
agreed upon by the parties hereto, or, (2) notifying Grantor with-
in 10 days of the receipt of such notice that it elects to pay
Grantor for all additional construction 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 Facilities ,
Grantee shall promptly take all steps necessary to complete
such relocation within a reasonable time, and in no event later
than 60 days from the date of such notice. In the event Grantee
w*d shall elect to reimburse Grantor for the additional cost to be
incurred by Grantor this amount shall be paid to Grantor upon
request.
2. Prior to undertaking the installation of said
Facilities 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 Facilities 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 re-
view 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 Facilities 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 Facilities , and except in an emergency, all
construction, reconstruction, installation, maintenance, repair
and removal work to be performed by Grantee on the premises , shall
be performed at such time as shall have been approved in advance
by Grantor. Written notice of any such proposed work shall be
given Grantor at least Forty-eight (48) hours prior to the proposed
commencement thereof.
Eooc 2763 PAGE 301
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All such work shall be performed in the presence of a representative
of Grantor in a manner satisfactory to such representative. Grantor
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may, at its option, perform any protective work which it deems neces- 5
sary to insure the safety of its facilities in the area of Grantee 's CJ
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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 any such
protective work shall be borne by Grantee.
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 's in the course
of construction, reconstruction, operation, maintenance, alteration,
repair, replacement or removal of Grantee 's Facilities .
5. All installation, construction, reconstruction, oper-
ation, 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. No blasting shall be done on the premises
B. All digging within ten (10) feet of any pipeline
or facilities of Grantor 's shall be performed by
hand or as directed by Grantor 's representative.
C. If at any time Grantee shall find it necessary to
excavate underneath Grantor 's pipelines or facilities ,
proper precautions shall be taken by Grantee to insure
adequate support for said pipelines or facilities both
during and after excavation work.
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D. The Facilities installed hereunder shall be constructed
across Grantor 's entire right of way (82.5 feet) at
a depth so as to provide a minimum of 36 inches clear-
ance below the bottom of the existing 22-inch pipe-
line and the 36-inch existing pipeline .
E. Natural drainage of the premises shall not be impaired.
Upon completion of said work, Grantee shall remove
from the premises all unused excavated material
0 including rock and debris and shall replace all back-
filling material in a neat and workmanlike manner.
Grantee shall leave the premises and any adjacent
property used by it in connection with the construc-
tion, reconstruction, maintenance, alteration, repair,
replacement or removal of said Facilities in a neat,
clean and orderly condition.
6. Grantee agrees that any electrolysis mitigating
equipment required for said Facilities in order to prevent damage
to Grantor 's facilities , shall be installed and maintained by Grantee
at its expense and any electrolysis mitigating methods or equipment
used by Grantee shall be coordinated with Grantor 's methods or
requirements . Grantor shall not be responsible for any damages that
may be caused directly or indirectly by electrolysis or otherwise
to said Facilities by reason of Grantor 's electrolysis mitigating
methods and equipment or other protective devices used by Grantor
in protecting its facilities .
7 . Grantee shall furnish upon completion to Grantor an
engineering drawing accurately showing the installed location of its
facilities .
8. Grantee will install, construct , reconstruct, operate,
maintain, alter, repair, replace and remove said Facilities in
accordance with all applicable orders , rules and regulations of the
BOOK 2763 FACE 303
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Illinois Commerce Commission or any other public authorities
having jurisdiction, and will, at its sole cost and expense, obtain
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all permits required therefore.
9. Grantee shall at all times , and under all circumstances ,
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indemnify, protect and save harmless Grantor , its successors and ....,
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assigns , from and against any and all damages , losses , claims , demands
actions and causes of action whatsoever (including any reasonable 001
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,
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or which arises out of or in connection with, or is alleged to arise
out of or in connection with, the installation, construction,
reconstruction, operation, maintenance, alteration, repair, replacement ,
removal or existence of said Facilities upon the premises , or the
existence of the nonexclusive perpetual 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. 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 Facilities 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 or malicious
misconduct of the Grantor, its successors and assigns .
10. Grantee agrees before the commencement of any work
on Grantor 's property hereunder that Grantee shall procure or
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require its contractor (or contractors) to procure general liability
insurance (including Contractual Liability on a blanket broad form
basis) and property damage insurance in form to be approved by
Grantor which will protect and save harmless Grantor as stated therein.
Limits of such liability insurance shall be $250,000.00 for each
individual and $500,000.00 for each occurrence with respect to
bodily injury or death; and $250,000.00 for each occurrence with
In
1"4. an aggregate of $500 400.00 for the term of the policy with respect
to property damage. Such insurance shall be with a company or com-
eel
panies licensed by the State of Illinois and shall remain in
full force and effect during the period of construction and until
completion of all work on Grantor 's property, and thereafter as
respects occurrences and losses which are caused or occur within
the period aforementioned. Copies or certificates of said policy
or policies of insurance shall be delivered to Grantor in care
of the Real Estate Department, P. 0. Box 190, Aurora, Illinois ,
60507.
11. In the event Grantee, its successors or assigns ,
deem it necessary to cease operation of its Facilities or cease
to use said Facilities for a period of twelve (12) consecutive
months , Grantee, its successors or assigns , shall notify Grantor
in writing within 30 days of such termination and provide Grantor
with a properly executed release of this easement. The easement
granted hereunder shall cease and terminate without the necessity
of any notice to Grantee, by Grantor, in the event of non-use by
Grantee.
12. In the event this easement is terminated for any
reason whatsoever, Grantee shallat its expense, within 90 days
of such termination remove its Facilities or if Grantee does not
exercise this right and is not requested to do so by Grantor ; said
Facilities shall immediately become the property of Grantor without
liability or obligation on its part to account to Grantee therefor.
1900K27(0 PAGE 305
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13. In the event Grantee, its successors or assigns , shall
fail to fulfill and discharge any of its obligations hereunder or
shall fail to comply with the terms and conditions hereof and in o
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the event such failure or non-compliance shall continue for a period
of thirty (30) days after written notice to it of such failure or C...D
non-compliance, then and in that event, at the option of Grantor,
the easement granted hereunder shall terminate and Grantee 's rights
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!I hereunder shall be of no further force and effect.
14. Any notice herein provided to be given shall be
irl deemed properly given if in writing and delivered personally or
mailed to Grantor in care of North Zone Transmission Headquarters ,
750 Elmhurst Road, Elk Grove Illinois , or to Grantee, 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.
15. This indenture shall inure to the benefit of and be
binding upon the respective successors and assigns of the parties
hereto.
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.
NORT-i RN LLINO S C
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Ib.---.. _ ,/7.4.A6Alllititits_ .-,
Senior Vic- ` esident
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°>Ae bant Secretary
CITY OF ELGIN
By
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STATE OF ILLINOIS )
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COUNTY OF pt) 9-7/96-6 )
I, 5/4e-,-7Lte/= , a Notary Public, in and for said County, in
the State aforesaid, do hereby certify that Di)+i%O $//?I ECF- SW., Vice-President
of NORTHERN ILLINOIS GAS COMPANY, an Illinois corporation, and DO t"/1L1, AV. ,
Assistant Secretary of said Company, personally known to me to be the same persons whose names
are subscribed to the foregoing instrument as such Assistant 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
t•IIerei:o.,set forth.
" •f? GjVen under my hand and notarial seal this 7 ' day ofioP,r4pr_3.Gf�,
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4•"""t •....--(41:-V:r-4•-reit''
; \\/ Notary Public
Mytommission Expires:
STATE OF ILLINOIS )
) SS
COUNTY OF )
I, , a Notary Public, in and for said County, in
the State aforesaid, do hereby certify that , Assistant Vice-Pres-
ident of , a corporation of
and , Assistant Secretary of said Company, personally known to me
to be the same persons whose names are subscribed to the foregoing instrument as such Assistant
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.
Given under my hand and notarial seal this day of , 19 ,
Notary Public
My Commission Expires: ESTATE OF LLLINOIS 1222675
KANE COUNTY M Rae.��„��
PILED PEW RECORO
JUN 15 1972 -b so AM
N. I . GAS CO. 9955 11-69 eooK2763 rAGE307
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