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HomeMy WebLinkAbout82-1222 Easement Northern Illinois Gas Recorded State of Illinois County of Kane ss Certificate of City Clerk City of Elgin I, Marie Yearman, 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 grant of easement from .Northern..1.1.1.i.nQ i.s..Gos, the original of tahich is entrusted to my care for safe keeping. 'In Witness Whereof,i,;have hereunto set my hand and affixed the corporate seal of the amity ofElgin at the said City in the County and State aforesaid this 23rd day of December • , 19 82 • City Cl k. ;..AAA- (SEAL) f k } l� • RESOLUTION ACCEPTING GRANT OF EASEMENT FROM NORTHERN ILLINOIS GAS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby accepts a grant of easement for the installation, construc- tion, operation and maintenance of a storm sewer for public purposes, a copy of which is attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and v� directed to cause the grant of easement hereby accepted to be recorded in the office of the Recorder of Deeds of Kane County, Illinois. cc cc GO s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: December 22, 1982 Adopted: December 22, 1982 Vote: Yeas 6 Nays 0 Recorded: , '71 GO =t" Attest: A Zp -< nt prt cjicO s/ Marie Yearman Marie Yearman, City Clerk m _.c� © \. 0 s k • This Instrument Prepared By: R/W: Dubuque W. R. Bristow Parcel:4-59 P. O. Box 190 County: Kane-Dundee Twp Aurora, Illinois 60507 SW1/4 Sec.33T42NR8E3214 EASEMENT AGREEMENT THIS INDENTURE, made and entered into this pZ "p day of j t1(-7-'"--1-‘- z' , 1982, by and between NORTHERN ILLINOIS GAS 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 THE CITY OF ELGIN (hereinafter referred to as "Grantee") ; WITNESSET H: WHEREAS, Grantee has requested Grantor to grant unto it a non-exclusive perpetual easement to install, construct, operate and maintain a 6-inch perforated, galvanized drainage pipe (hereinafter referred to as the "Drainage Pipe", to be constructed in accordance with Exhibit "A" attached hereto and made a part hereof, in, under, upon, along and across certain real property awned by Grantor in Kane County, Illinois (hereinafter more fully cla.scribed) . WHEREAS, Grantor, insofar as it has the right to do so, is willing to grant to Grantee a non-exclusive perpetual easement for the Drainage Pipe but only upon the terms, covenants and conditions hereinafter set forth. NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00) and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of mutual covenants and agreements hereinafter set forth, Grantor hereby grants, without warranty of title, unto Grantee, a non-exclusive perpetual easement (the "Easement") , together with the right of ingress and egress thereto, to install, construct, operate and maintain one drainage pipe under, upon, along and across that part of the Southwest Quarter of Section 33, Township 42 North, Range 8 Fast of the Third Principal Meridian, Kane County, Illinois, described as follows and as shown on Exhibit "A" attached: Beginning at a point an the South line of the Southwest Quarter of Section 33, Township 42 North, Range 8 Fast of the Third Principal Meridian 814.6 feet Fast of the Fast line of Sleepy Hollow Road (McLean Boulevard) and extending Northwesterly to a point an the North line of the South 82.5 feet of said Southwest Quarter of Section 33, 781. 39 feet Fast of the Easterly line of said Sleepy Hollow Road in Dundee Taanship, Kane County, Illinois. It is understood that the easement herein created is 10 feet in width measured 5 feet on either side of the drainage pipe as installed in the field. The easement is granted upon the following terms, covenants and conditions, which Grantee for and an behalf of itself and its successors and assigns, expressly acknowledges, and agrees to fulfill and discharge: 1. Construction. All installation, construction, reconstruction, operation repair, replacement, or removal cork performed by Grantee pursuant to the easement granted by this indenture shall conform to the following rules and regulations: a. Construction shall be pursuant to duly issued permits by all governmental authorities having jurisdiction and shall conform to all applicable laws, rules and regulations of governmental authorities having jurisdiction. b. Prior to the start of construction, 48 hours notice shall be given to the Grantor's Transmission Department: General Supervisor, North Zone Transmission, Elk Grove, Illinois, phone 312/439-2664. c. No work to be done on Grantor's premises without Grantor's representative being present and said representative shall have the absolute right to stop work of the Grantee which threatens the safety of Grantor's facilities. d. There shall be no blasting in connection with excavation near pipelines without Grantor's approval. e. A11 digging within 10 feet of existing pipelines shall be performed by hand, until pipeline has been exposed. Afterwards, all digging within 5 feet of pipeline shall be performed by hand, or as directed by Grantor's representative. f. Minimum separation between existing pipelines and any new underground facility shall be 1 foot. g. There shall be no boring across Grantor's pipelines without prior approval of Grantor's representative. h. The pipeline (or pipelines ) shall be permanently protected from heavy equipment crossing and traffic by concrete pad in accordance only if required by Grantor's representative. 2. Indemnity. Grantee hereby agrees to 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 the Drainage Pipe on Grantor's property, or the construction, operation, maintenance, replacement, or repair thereof by Grantcc, or its agents, employes or contractors, which indemnity shall be unaffected by any acts or directions of the Representative. 3. Additional Costs. In the event the Drainage Pipe interferes in any way whatsoever with Grantor's existing or future facilities, or makes more difficult access to such existing or future facilities for installation, repair, replacement, substitution or any other reason whatsoever, Grantee shall reimburse Grantor on demand for all additional costs incurred, by or on behalf of Grantor because of the existence of the Drainage Pipe. 4. Abandonment and Removal of Improvements. In the event the Drainage Pipe 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, the Easement shall at the election of Grantor terminate, and shall cease upon written notice thereof by Grantor. Upon termination of this Easement for any reason whatsoever, Grantee shall immediately remove, at its sole expense, all improvements made by it on Grantor's property and shall restore Grantor's property to the condition existing prior to Grantee's first entry thereon. IN WITNESS «{ERBOF; each of the parties have caused this instrument to be executed and their seals affixed by the proper officers of said party thereunto duly authorized as of the day and year first above written. NORTHERN GAS COMPANY BY ,vim<�CIS� � ice President AT 'EST: vac ' rn1 • - Assi tan Secretary CI OF . BY . .41 i • ArI'EST: • • STATE OF ILLINOIS ) ) SS COUNTY ) I, , a Notary Public, in and for the said County, in the State aforesaid, do hereby certify that personally known to me to be the same person whose name subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that signed, sealed and delivered the said instrument as free and voluntary act, for the uses and purposes therein set forth. Given under my hand and Notarial Seal, this day of , 19 . Notary Public My Commission Expires: STATE OF ILLINOIS ) ^� Q ) SS COUNTY OF Vo 1 ►SGV' ) I,t(t Lam.t9- P, / S t i , a Notary Public, in and for the said County, in the State aforesaid, do hereby certify that L��V ,� Vice President, and � -� , Assistant Secretary of NORTHERN ILLINOIS GAS COMPANY, who are 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, appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, and as the free and voluntary act of said NORTHERN ILLINOIS GAS COMPANY for the uses and purposes therein set forth, and caused the corporate seal of said Company to be thereto attached. pp Given under my hand and Notarial Seal, this)3/LDday of�OUG a'l1, 19/2-re Notary Public My Commission Expires: 12/i /s< 9996 8-71 d 4 ) I 1 1I ' t I ? 14 : 1 N- • Qd 1 i ' 0 4 4 ii � ' Q I , hiller Industrial Subd, �Mit,�,i,„< 1,41+...., 0-,„,L 0 d i ' Bmoo.,..v, .......-„,,,,c/ ' d 1 I 1 i C 4 0 I 1 ;1 J . 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