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HomeMy WebLinkAbout85-0528 Sanitary Sewer District Sanitary District of Elgin Raymond Street & Purify Drive, Elgin, Illinois 60121-0092 Mail all correspondence to P. O. Box 92 Telephone 742-2068 February 7, 1986 Mrs. Marie Yearman, Clerk City of Elgin 150 Dexter Ct. Elgin, Illinois 60120 Re: West Dundee Interceptor Dear Marie: Enclosed, as requested, is a signed original of a May 28, 1985 sewer easement grant for your records. Sincerely, SANITARY DISTRICTnOF ELGIN �l /'11 Gregg Hergenreoder Engineer GH:bh enc. TRUSTEES Harold C. Westphal, Jr. President Edwin G. Haas Vice President Ernest R. Ludwig Treasurer- Clerk OFFICIALS Albin D. Pagorski General Manager Gregory Hergenroeder P.E. District Engineer Lyle C. Brown Attorney I O EAS-EMENT GRANT t�. THIS GRANT OF EASEMENT, made this zS _ day of �AC� , �� . from the CITY OF ELGIN, a municipal corporation, 150 Dexter Court, Elgin, Illinois 60120, hereinafter called the "Grantor", to the SANITARY DISTRICT OF ELGIN, a municipal corporation organized and existing under the laws of the State of Illinois, hereinafter called the "Sanitary District" (Grantee), Raymond Street and Purify Drive, Elgin, Illinois 50120. WHEREAS, the Sanitary District has constructed an interceptor sewer, with appurtenances thereto in areas. which are presently public right of way described on Exhibit "A", hereinafter termed the West Dundee Interceptor Sewer, and hereinafter called the "Interceptor": and WHEREAS, it is necessary and desirable for the Sanitary District to obtain a Perpetual Easement, right, privilege and authority to reconstruct, repair, maintain and operate a certain part of the Interceptor or lateral lines or sub-trunks connected to the Interceptor, under and through certain premises hereinafter described: and WHEREAS, the Sanitary District shall have the right at all times hereafter to assign all or any part of the Permanent Easement to the CITY OF ELGIN: and WHEREAS, the Grantor is willing to grant said Perpetual Easement, right, privilege and authority to the Sanitary District, or its future assignee, upon the terms and conditions set forth. -1- NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) in hand paid by the Sanitary District to Grantor, the receipt of which is hereby acknowledged, and the covenants and conditions hereinafter contained, the Grantor hereby bargains, sells, grants, transfers and conveys to the Sanitary District, its successors and assigns, the Perpetual Easement, right, permission and authority to reconstruct, repair, replace, operate, and maintain the Interceptor or lateral lines or sub-trunks connected to the Interceptor, under and through the real estate described on Exhibit "A", (said Exhibit consists of O/425 part/). which are attached hereto and made a part hereof. AND FURTHER IN CONSIDERATION of the grant of the Perpetual Easement. right, privilege and authority herein contained, this Easement Grant is subject to the following conditions: FIRST: The Interceptor has been constructed by the open- cut method and/or by the jacking and augering method under and through the Permanent Easement, at the sole expense of the Sanitary District either of reinforced concrete pipe or other materials that the District Engineer of the Sanitary District deems advisable, and as approved by the City of Elgin, and in accordance with the specifications, and plans prepared by the District Engineer of the Sanitary District and approved by the City of Elgin. Any lateral lines 'or sub-trunks which may be connected to the Interceptor.-that may be constructed under and through the Permanent Easement, shall not be at the expense of the Sanitary District. SECOND: The Sanitary District expressly assumes all responsibility for, and shall save and keep harmless the Grantor, against any loss, damage, cost or expense which it may suffer, incur or sustain. -2- or for which it might become liable growing out of any injury to or death of persons, or loss. or damage to property, arising out of or caused in the performance of any work done by or under the authority of Sanitary District by virtue of the rights granted herein. In the event of the bringing of any action, suit or suits, against Grantor growing out of any such loss. damage. -cost or expense, Grantor shall give written notice to the Sanitary District of the commencement of such action, suit.. or suits, and therafter the Sanitary District shall assume be defense thereof. The Sanitary District shall save and keep harmless the Grantor from any claims for mechanics liens by reason of any construction work, repairs, replacements or other work, or for any improvements made or placed upon or to the Permanent Easement by the Sanitary District. All provisions of this paragraph are applicable only as to the work done under contract with and under the express provisions and authority of the Sanitary District. THIRD: The rights and obligations of the Grantor and the Sanitary District hereunder shall inure to the benefit of and be binding upon their respective successors and assigns, and all terms, conditions -and covenants herein shall be constructed as covenants running with the land. FOURTH: After the Interceptor, lateral lines or sub- trunks have been constructed and placed in operation: (a) The Grantor may use the surface of said real estate, it being understood, however, that such use shall not in any manner interfere with or damage the Interceptor, lateral lines or sub- trunks. and that the Sanitary District shall have the right of access to said real estate at all times from the nearest highway or street for the purpose of reconstruction, repair, maintenance or operaiton of the Interceptor, lateral lines or sub-trunks. -3- (b) The Grantor is guaranteed ingress and egress at all times during and after construction so as not to disrupt Water Department operations of Grantor. CO The Grantor agrees that no buildings will be - constructed over the Permanent Easement. (d) The Grantor reserves the right to construct fences or surface parking lot over the Permanent Easement. (e) The Grantor reserves the right to connect lateral `.: sewers to manholes installed within the Permanent Easement, provided that all applicable ordinances of the Sanitary District are complied with in making any such connection. (f) The Grantor agrees to give the Grantee a construction easement, as shown on the working (construction) drawings and plans for the project. (g) The Sanitary District shall at Sanitary District's expense, maintain said sanitary sewer in good repair. Should repair of the Interceptor be required, Sanitary District agrees to replace all landscape material -with equal material and restore easement area to original condition. Access to easement and repair area shall also be restored to original-condition. Repair activities which interfere with normal Water Department operations of_ Grantor shall be completed continuously until normal operations are restored. FIFTH: All landscape material and sodding shall be replaced . and guranteed for one year and Grantee shall cause sodding and landscape material to be watered through the guarantee period of one year. SIXTH: Appropriate and adequate dust control measures shall be employed during construction. SEVENTH: Should construction activities in any way interfere with normal Water Department operations of Grantor, the Grantee guarantees that the contractor shall work continuously until normal operations are restored. -4- EIGHTH: If access is through City property for construction of the Interceptor—said areas, including but not limited to pavement. curb and gutter, plantings, sod drainage ditches, culverts and existing underground utilities shall be repaired and restored at no expense to the City of Elgin. NINTH: Grantee agrees that there shall be no random filling in the flood plain with trees, stumps or other materials of any kind. TENTH: Prior to commencement of reconstruction or repair the Grantee shall provide to Grantor the contractor's proposed construction method within the easement areas. The Grantor must approve all construction methods prior to commencement of construction. ELEVENTH: The City of Elgin shall be notified 48 hours in advance of the start of any construction. IN WITNESS WHEREOF, the Grantor has caused this instrument consisting of 5 pages, including the Exhibit "A" and this page to be executed by the Grantor. CITY OF ELGIN SANITARY DISTRICT OF ELGIN By. City M ager Its President ATTEST: ATTEST: 1 Its Clerk Its Clerk =5- Z . NORTH INTERCEPTOR SEWER EASEMENT DESCRIPTIONS IN CITY OF ELGIN RIGHT OF WAY Mable Street That part of the west k of the northeast k of Section II Township 41 N, Range BE of the 3rd P.M. described as follows: The 66 foot wide right of way north from the north right of way of Owasco Avenue to the north right of way line of Jerusha Avenue extended in Sadlers Addition. Jerusha Street That part of the northwest k of the northeast k of Section II Township 41- N. Range BE of the 3rd P.M. described as follows: The 65 foot wide right of way east from the east right of way of Mable Street to a line 40 feet east of and parallel to the east right of way line of Tinker Street extended in Sadlers Addition. West River Road That part of the northeast k of the southeast k of Section 2. Township 41 N. Range BE of the 3rd P.M. described as follows: The 100 foot wide right of way extending west.600 feet and extending east 150 feet from the east line of said Section 2. South Airport Road That part of the northwest k of Section 1 and the northeast k of Section 2 in Township 41 N. Range BE of the 3rd P.M. and that part of the southeast k of Section B, Township 42 N,Range BE of the 3rd P.M. described as follows: The west 400 feet of the 100 foot wide right of way from the east right of way line of Highpoint Road extended southerly in the Elgin O'Hare Business Center. EXHIBIT 'A'