HomeMy WebLinkAbout82-0714 Northern Illinois Gas Recorded e A
VOLUME XLV1I 321
RESOLUTION
AUTHORIZING EXECUTION OF EASEMENT AGREEMENT WITH
1`- NORTHERN ILLINOIS GAS FOR WATER TREATEVT PLANT ACCESS ROAD
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS.,
as follows.:
1. That it is necessary and desirable to acquire an easement across
certain real property owned by Northern Illinois Gas Company to permit the
construction, maintenance and use of an access road to the new water treat-
ment plant.
2. That the City Manager and City Clerk be and are hereby authorized
and directed to execute the attached easement agreement which is made a
part hereof by reference, and to cause said agreement to be recorded in
the office of the Recorder of Deeds of Kane County.
s/ Richard L. Verbic
Richard L. Yerbic, Mayor
Presented:, July 14, 1982.
Adopted: July 14, 19.82
Vote: Yeas 6 Nays 0
Recorded:
Attest:
sI Marie Ye man
Marie Yeannan, City Clerk
RESOLUTION ADOPTED ACCEPTING PROPOSAL OF
A & H/FLOOD ENGINEERING TO CONDUCT MATERIAL
TESTS AND SUPERVISE QUALITY CONTROL FOR
REPAIRS TO THE SPIESS DECK
Councilman Schmidt: As I stated in the work session two weeks ago,
1 will vote for this to see that it is done correctly, although
this does not mean that 1 am in favor of what is being done on the
deck, where it is being refinished.
Mayor Verbic: I feel the same way because I feel this is a joint
responsibility with the one who still owns. the deck and this is
just part of the additional cost which we are bearing. I think
that to try to avoid what happened eight years ago we are trying
to have someone herewho will hopefully provide the expertise in
seeing that the work is done accurately.
Councilwoman Nelson made a motion, seconded by Councilman Gilliam
to adopt the aforementioned resolution. Yeas: Councilmen Gilliam,
Kirkland, Nelson, Schmidt and Mayor Verbic. Nays: Councilman Hansen.
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FILED FOR 'CORO Sec . 2 Twp . 41N Ran
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Elgin Twp . Kane County
1615275 ;cS2 !330 !M ;a .. ] sem 2 7` '/7Af it 3e 01
Central File No . 1442-
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-,F AI YFN'Lli EAIGREEMENT
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THIS INDENTURE, made and entered into this ;C�J day of �lc� ly
1921; by and between NORTHERN ILLINOIS GAS COMPANY , a corporation organized
and existing under and by virtue of the laws of the State of Illinois (here-
inafter sometimes referred to as "Grantor") and CITY OF ELGIN , a municipal
corporation (hereinafter sometimes referred to as "Grantee") .
WITNESSET H :
WHEREAS , Grantee has requested Grantor to grant unto it a non-
exclusive perpetual easement to install , construct , reconstruct, operate,
maintain, alter, repair, replace and remove one hard-surfaced roadway (here-
inafter referred to as roadway ) 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 said roadway
but only upon the terms , covenants and conditions hereinafter set forth:
NOW THEREFORE, in consideration of ten and no/100 ($10. 00) dollars
and other good and valuable consideration , the receipt and sufficiency of
which are hereby acknowledged , and in further consideration of the mutual
covenants and agreements hereinafter set forth, Grantor hereby grants, with-
out warranty of title, unto Grantee, its successors and assigns , a non-
exclusive perpetual easement to install, construct, reconstruct, operate,
maintain, alter, repair, replace and remove one hard surfaced roadway in, under,
upon, through and across a strip of land 82 . 5 feet in width described as
follows :
The West 25 feet of the East 549 . 73 feet of that part of Fractional Section
2 , Township 40 North, Range 8 East of the Third Principal Meridian, Kane
County, Illinois , falling within the following described property: Commenc-
ing at the Northeast corner of said Fractional Section 2 : thence Southerly
along the East line of said Section 2 a distance of 421 . 54 feet to a point
in the Southerly line of that certa-n tract of land (N-4D-65 . 3) conveyed to
the Illinois State Toll Highway Commission by M. Paul and Goldie E. Gonnsen
for road relocation , said point being the point of beginning of the Parcel
of land hereby conveyed : thence Westerly along the Southerly line of that
said certain tract of land , forming an angle of 89 degrees 29 minutes to the
right with the last described course extended , a distance of 994 feet more
or less to a point in the East line of the road known as Sharon Drive of
Fox Ridge Subdivision , Unit No . 1 , which point is 420 feet South of the North
line of said Section 2 ; thence Southerly along the East line of said Sharon
Drive a distance of 92 . 5 feet more or less to a point distant 82 . 5 feet
Southerly, measured at right angles from said Southerly line of aforesaid land
conveyed to the Illinois State Toll Highway Commission ; thence Easterly
along a line parallel with the Southerly line of that tract of land conveyed
to the Illinois State Toll Highway Commission for a distance of 994 feet
more or less to a point in the East line of said Section 2 : thence Northerly
along said East line of Section 2 a distance of 82 . 5 feet more or less to
the point of beginning.
together with the right of ingress and egress thereto .
The easement for said roadway herein granted by 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 he exercised by Grantee in a
manner that will not in Grantor ' s judgement interfere with the present in-
stallations or operations of Grantor 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 roadway constructed by Grantee pur-
suant 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 roadway of Grantee will
1615275
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interfere with such proposed use. This notice shall be accompanied by an
itemized list of any additional construction costs to he incurred by Grantor
if Grantor alters its proposed construction to avoid interference with said
roadway of Grantee ' s . Upon receipt of such notice and itemization of
additional cost , Grantee shall have the option of either (1) notifying
Grantor within ten days of the receipt of such notice that it elects to re-
locate said roadway , at its sole cost and expense, within a period of 60
days to another location on the property of Grantor mutually agreed upon by
the parties hereto, or, (2) notifying Grantor within ten 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 sub-
mitted by Grantor. In the event Grantee shall elect to relocate said road-
way, Grantee shall promptly take all steps necessary to complete such relo-
cation within a reasonable time, and in no event later than 6n days from the
date of such notice . In the event Grantee shall elect to reimburse Grantor
for the additional cost to be incurred by Grantor , this amount shall he paid
to Grantor upon request .
2. Prior to undertaking the installation of said roadway Grantee
shall provide Grantor with detailed plans and specifications as to the loca-
tion and as to the method or manner of installation and construction of said
roadway 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 review such plans and specifi-
cations 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 roadway 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 roadway , 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. Notice of any such proposed work shall be given
Grantor at least forty-eight (48) hours prior to the proposed commencement
thereof.
All such work shall he performed in the presence of a representative
of Grantor in a manner satisfactory to such representative . Grantor may , at
its option , perform any protective work which it deems necessary to insure
the safety of its facilities in the area of Grante ' s 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 pro-
tective 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 reimh`urse Grantor for any costs or expenses , sus-
tained 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 roadway .
5 . All installation, construction , reconstruction , operation , re-
pair, 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 work to be done on Grantor ' s premises without
Grantor ' s representative being present.
b . There shall he no blasting in connection with
excavation near pipelines without Grantor ' s
approval.
c . All digging within 10 feet of pipelines shall be
performed by hand , until pipeline has been ex-
posed. Afterwards , all digging within 5 feet of
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pipeline shall be performed by hand, or as
directed by Grantor ' s representative.
d. If necessary to excavate under the pipeline,
41-7,--r726,c-e-a)
it shall be properly supported (as directed by .(5-•
Grantor ' s representative) during and after
construction.
e. If there are large rocks or other unsuitable ,ti•TA -c.ti-4-e"'
material in the backfill , the pipeline coating 0
shall be protected from damage by wrapping the
pipeline with suitable padding or by using sand
as initial fill to 1 foot above the pipeline .
f. Minimum separation between existing pipeline and /tsar
new underground facility shall be 1 foot . U)/
g. There shall be no boring across Grantor ' s pipeline 40,./-
0.1 ' "
without prior approval of Grantor ' s representative. j,,,)
h. The pipeline or pipelines shall be protected from
heavy equipment crossing by Timber bridge as per
NI-Gas specification T .S . 030. 104 . 148 or T . S .
030. 104. 158, or as directed by Grantor ' s represent-
ative.
i. Prior to the start of construction , 48 hours notice
shall be given to the appropriate Transmission
Department :
North Zone Transmission, Elk Grove
Phone: 312/439-2664
or
. fu
South Zone Transmission , Shorewood Joi"CY'144-4"-
Phone: 815/725-9481 (J�'
This spec to be put on all final "approved for
construction" drawings .
j . Natural drainage of the premises shall not be
impaired. Upon completion of said work: Grantee
shall remove from the premises all unused exca-
vated material 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 construction, reconstruction,
maintenance, alteration, repair, replacement or
removal of said roadway, in a neat , clean and
orderly condition. A performance bond is to be
posted to guarantee that all cleanup will he done
in a satisfactory manner .
6. tsk T A},Dp 04,
7. Grantee shall furnish upon completion to Grantor an engineering
drawing accurately showing the installed location of its roadway .
8. Grantee will install , construct, reconstruct, operate, maintain,
alter, repair, replace and remove said roadway in accordance with all
applicable orders , rules and re7ulations of the Illinois Commerce Commission
rr any other public authorities having jurisdiction , and will, at its sole
cost and expense, obtain all permits required therefor .
9 . Grantee shall at all times , and under all circumstances ,
indemnify, protect and save harmless Grantor, its successors and assigns ,
from and against any and all damages , losses , claims , demands , actions and
causes of action whatsoever (including any reasonable costs, expenses and
attorneys fees which may he 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, or which arises out of or in connection with,
or is alleged to arise out of or in connection with, the installation , con-
struction, reconstruction , operation , maintenance , alteration , repair , re-
placerrenf 6 [1!3-127
-'2`7l or existence of said roadway upon the premises , or the
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existence of the non-exclusive 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 de-
fense thereof before any court , hoard, 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 roadway 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 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 an aggre-
gate 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 Peal
Estate Department , P .O . Box 190, Aurora, Illinois , 60507 .
11. In the event Grantee, its successors , or assigns , deem it
necessary to cease operation of its roadway or cease to use said roadway
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 what-
soever, Grantee shall at its expense, within 90 days of s"ch termination
remove its roadway or if Grantee 'toes not exercise this rights and is not
requested to do so by Grantor; said roadway shall immediately become the
property of Grantor without liability or obligation on its part to account
to Grantee therefor .
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 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 non-compliance , then and in that event , at
the option of Grantor, the easement granted hereunder shall terminate and
Grantee ' s rights hereunder shall be of no further force and effect .
14 . In the event the premises shall be assessed for taxes at a
greater amount than at which the premises would he assessed were it not for
the facilities of Grantee maintained thereon , Grantee shall, upon demand,
reimburse Grantor for such additional amount of taxes as Grantor shall be
obligated to pay on account of such increased assessment.
15. Any notice herein provided to be given shall he deemed prop-
erly given if in writing and delivered personally or mailed to Grantor in
care of
Real Estate Department
Northern Illinois Cas Company
P .O . Box 190
Aurora, Illinois 60507
or to Grantee
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' Engineering Department
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.
16. 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 he executed by their proper officers , thereunto duly authorized and their
respective, corporate seals to he hereto affixed, as of the day and year first
above ,writtnn.
ATTEST: - NORTHERN ILT/'OIS GAS COMPANY
;, Ft�it, By �iA
LL
s• Jant -0ecretary V ce President
,4133 (J ;
ATTEST:
CI ' 0 ,L1
By ..�� A
City Clerkt - --
G� A NALle
STATE OF ILLINOIS )
) SS
COUNTY OFo A)i/44C )
/-/
I, LC-fair/ 42. `Da- ts- , a Notary Public, in and for said
County, in the State aforesaid, do hereby certify that g KS0L,c,tdi,J,0Vhc,a fit6$',
vice President of NORTHERN ILLINOIS GAS COMPANY , an Illinois corporation, and
f}�DAC6X4,4D6tt- C. tgl-i-if&"1 , Assistant Secretary of said Company, personally
known to me to be the same persons whose names are subscribed to the fore-
going instrument as such 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 corp-
orate seal of said Company to said instrument as his own free and ,y;p1un,tary
act, and as the free and voluntary act of said Company, for the ,d ,es0.,'atiY:(C'''.,
purposes therein set forth.
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Given under my hand and notarial seal this g(p day of ‘)L ,
14
190
/ 1 { J
My Commission Expires : � /�E�� . �. ,� -��67.
Notary Public-
-
_
STATE OF ILLINOIS )
) SS
COUNTY OF K A N E )
I, Nancy Roll , a Notary Public in and for said County,
in the State aforesaid, do hereby certify that Leo Nelson, City Manager
r ,. ,. <: .; •. ..s •; ,,•f of City - m ici al
of , tion of
State of Illinois and Marie Yearman, City Clerk xtouthedatict
licoaxecnresx of said OccricaarrartMonally known to me to he the sane person
sCity
whose names are subscribed to the o epoing instrument as suchYhMtiOtteatManager
and :4E. :,.•.:.e:,4b.••fes••.,..4: , respectively , appeared before me this
day in person, and acknowledged that they signed and delivered said instru-
ment as their own free and voluntary act and as the free and voluntary act of
saidc7a,�,'VA....:°,n for the uses and purposes therein set forth ; and said Aocsdoaxpar
.,.,..!..1a::,,t did also then and there acknowledge that she, as custodian of the '
corporate seal of sai-1 ��n a jfir said corporate seal of said cd on
to said instrument as own f•r':e40.an,d. +�1,'intary act , and as the free and
voluntary act of saidc' su,•is3�.�; far t,hc u'es, and purposes therein set forth.
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Given under my hand and no-tarsal iseal this 9th day of August
19 82
03 9
Cnmrission rxnires : ''etary
August 10, 1985 16 1 5 2 7 5