HomeMy WebLinkAbout72-0802 Water Easement Norther IL Gas # p � a-o8oa.
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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:
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That part of Sections 3, 4 and 10, Township 41 North, Range 8
East of the Third Principal Meridian, described as follows:
Beginning at the intersection of the centerline of the Crystal
Lake Road and the North line of the right of way of the Chicago,
Milwaukee, St. Paul and Pacific Railroad; thence South 89° 19'
West along said North line 250.0 feet for a Point of Beginning;
thence continuing West along said North line of the right of
way of the Chicago Milwaukee, St. Paul and Pacific Railroad,
1196.70 feet to the centerline of the Huntley Road; thence North
58° 38' West along centerline of said road 982 .50 feet; thence
North 14° 09' East 1666.30 feet; thence South 89° 33' East
1818.80 feet to the center line of Crystal Lake Road; thence
South 1° 38' East along the centerline of said road 1796.20
feet; thence West parallel to said North line of the right of
way of the Chicago, Milwaukee, St. Paul and Pacific Railroad
a distance of 250.0 feet; thence South 1° 38' East parallel
to said centerline of Crystal Lake Road 300.0 feet to the Point
of Beginning in the Township of Elgin, Kane County, Illinois.
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 2nd day of August, 1972, a copy of which is attached
hereto and made a part hereof, have agreed to grant said Easement.
NOW, THEREFORE, BE IT RESOLVED BY 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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ZLL G' S
State-Of Illinois
County of Kane ss Certificate of City Clerk
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
"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"
the o ya _7 ~i,sieR Apbcd to my care fot safe keeping.
f,I have` a*unto set my hand and affixed the corporate seal of the
Cirr ombosiAt,the-lod-Oty IFi.tlia.Countyand State aforesaid this 16th day of
�T �/�1rn/,`,u 1R G F`,^`� `/7y City Clerk.
(SP'wj n I ^ ��V ` ` .• ` PACi 1�1'NI
•
•
EASEMENT AGREEMENT
c\1
THIS INDENTURE, made and entered into this off. day
of , 1972, by and between NORTHERN ILLINOIS GAS
;,0 COMPANY, a corporation organized and existing under and by virtue
i .,
of the laws of the State of Illinois (hereinafter sometimes referred
N
`'D to as "Grantor") and CITY OF ELGIN, a municipal corporation, Elgin ,
Illinois (hereinafter referred to as "Grantee") .
WITNESSETH :
WHEREAS , Grantee has requested Grantor to grant untoit
a non-exclusive perpetual easement to install, construct , operate,
maintain, replace and remove one (1) 12-inch water main (hereinaf-
ter referred to as "main") 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 non-exclusive perpetual easement
for Grantee's main but only upon the terms , covenants and conditions
hereinafter set forth:
NOW THEREFORE, in consideration of Ten Dollars ($10.00)
and other good and valuable consideration, the receipt and suffi-
cLency 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,
a non-exclusive perpetual easement together with the right of
ingress and egress thereto, to install, construct, operate, maintain,
replace and remove one (1) 12-inch water main in, under, upon,
through and across the East 1700 feet of the North Half of the
public highway known as Big Timber Road, which extends along the
South side of the following described property situated in Kane
County, Illinois :
APPROVAL COPY BPOK2781 PAGE 271
NQRTH£RN ILLINOIS GAS COMPANY
REM ESTATI1 DEPARTMENT
That part of Sections 3, 4 and 10, Township 41 North, Range 8 East
of the Third Principal Meridian, described as follows : Beginning
at the intersection of the centerline of the Crystal Lake Road and
the North line of the right of way of the Chicago , Milwaukee, St.
Paul and Pacific Railroad; thence South 89° 19 ' West along saidCD
North line 250. 0 feet for a Point of Beginning; thence continuing
West along said North line of the right of way of the Chicago,
Milwaukee , St. Paul and Pacific Railroad, 1196. 70 feet to the JO
centerline of the Huntley Road ; thence North 58° 38' West along
centerline of said road 982.50 feet ; thence North 14° 09 ' East -�
1666.30 feet ; thence South 89° 33 ' East 1818. 80 feet to the center-
line of Crystal Lake Road; thence South 1° 38' East along the P�
centerline of said road 1796. 20 feet ; thence West parallel to said
North line of the right of way of the Chicago, Milwaukee , St. Paul IND
and Pacific Railroad a distance of 250. 0 feet; thence South 10 38'
East parallel to said centerline of Crystal Lake Road 300. 0 feet
to the Point of Beginning in the Township of Elgin, Kane County , a
Illinois .
•
1. The Easement herein is granted upon the following `N+
terms , covenants and conditions , which Grantee for and on behalf
of itself, expressly acknowledges , and agrees to fulfill and
discharge.
2. Prior to the installation of Main, Grantee shall
provide Grantor with detailed plans and specifications indicating
the location and method of installation of Main and shall not pro-
ceed with construction unless plans are approved in writing by
Grantor, including any changes or revisions . Grantee shall provide
Grantor with "as-built" drawings upon completion of work.
3. All construction by Grantee, pursuant to the easement
shall conform to the following :
A. Obtain permits required and conform to applicable
rules and regulations of authorities having
• jurisdiction.
B. Notify Grantor forty-eight (48) hours prior to
any work on Grantor 's property by phoning R. L.
Heppner , (312) 742-7200, Elgin, Illinois .
C. All work performed on Grantor 's property shall
be in the presence of a representative of Grantor.
Such representative is empowered with full author-
ity to stop work of Grantee if not done to
Grantor ' s satisfaction. Grantee shall reimburse
Grantor for the cost of such representative.
D. No blasting on Grantor 's property.
E. Natural drainage of the premises shall not be
impaired.
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F. Grantor 's property shall be restored to the
satisfaction of Grantor 's representative.
4. Grantee agrees before the commencement of any work
on Grantor 's property hereunder that Grantee shall procure or
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 C"%
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
an aggregate of $500,000. 00 for the term of the policy with respect
to property damage. Such insurance shall be with a company or
companies 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, Post Office Box 190, Aurora, Illinois
60507 .
5. Grantee hereby agrees to release, indemnify, save and
hold the Grantor , harmless from any and all liability, loss , cost,
damage or expense (including court costs and reasonable attorneys '
fees) arising from, attributable to, growing out of, or in any
manner connected with the existence of said 12-inch water main on
Grantor 's property, or the construction, operation, maintenance,
, replacement, or repair thereof by Grantee, or their agents , employes
1
or contractors .
6. In the event Grantee 's main interferes with future n
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facilities of Grantor , then Grantee agrees ; (a) to relocate its
010
Main within sixty(60) days to another location on Grantor 's pro-
perty at its sole cost and expense or ; (b) to reimburse Grantor v
for additional costs incurred, to avoid interference with Grantee ' s
'
Main. The Grantor shall plan its future work in a manner so as
not to require adjustments by Grantee if reasonably possible.
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BOoK 278-3 PWWE 274
7. In the event Grantee 's Main shall be abandoned or
otherwise discontinued for a period of twelve (12) consecutive
months , or upon breach of any of the terms or conditions herein
contained, this easement shall be terminated, and shall cease upon
written notice thereof by Grantor . Grantee, shall, if requested
by Grantor, within ninety (90) days , at its sole cost and expense
remove any or all of its Main and restore Grantor 's property as
near its original condition as possible.
IN WITNESS WHEREOF, the parties hereto have caused this
easement to be executed by their proper officers , thereunto duly
authorized and their respective corporate seals affixed hereto, as
of the day and year first above written.
NORTHE' , iLINI • GA OMPANY
Air
,`gA% , i/
Senio, Vice Presid:! .
,.. />f APPROVED
'` - cosi Secreta''
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CITY OF ELGIN
By
Mayor
ATTEST:
City Clerk
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Water Main Easement Along Big Timber
Rd. Granted by Northern Illinois Gas.
Company 8-2-72
Recorded in Kane Co. 8-25-72
Document No. 1237376