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Home My WebLink About90-0625 Sanitary Sewer District of Elgin CID yeas Sanitary District of Elgin Raymond Street & Purify Drive, Elgin, Illinois 60121-0092 Mail all correspondence to P. 0. Box 92 *r a July 2, 1990 Telephone (108) 742-2068 Fax. No. (708) 742-0193 Ms. Dollona Mecum City Clerk City of Elgin 150 Dexter Ct. Elgin, Illinois 60120-5555 Subject: City of Elgin/Sanitary District of Elgin Easement Grant Documents Dear Ms. Mecum: Enclosed, I am forwarding fully executed Easement Grants, concerning the conveyances by the City of Elgin, for the Sanitary District's .: . .. .- Poplar Creek Interceptor Project and the Interplant Sludge Pipeline Project. Please note that exhibits A & B for the Poplar Creek Inter- ceptor are not attached as they were not included when they were transmitted back to the Sanitary District after signature by the City of Elgin. If you should need additional copies of these exhibits, please advise. Sincerely, SANITARY DISTRICT OF ELGIN Greg Hergenroeder District Engineer encl. cc: A.D. Pagorski Lyle Brown Ralph Ridley TRUSTEES A irs Harold C. West �/ President Ernest R. Ludwig Vice President James E.Tucker Treasurer-Clerk OFFICIALS Albin D. Pagorski General Manager Gregory Hergenroeder P.E. District Engineer Lyle C. Brown Attorney -EAS EMENT GRANT ry THIS GRANT OF EASEMENT, made this,qS—day ofy�JNE 1990 . from THE CITY OF ELGIN hereinafter called the "Grantor(s)" , 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", Raymond Street and Purify Drive, Elgin, Illinois 60120. WHEREAS, the Sanitary District is about to construct an interceptor sewer, with appurtenances thereto, hereinafter termed POPLAR CREEK INTERCEPTOR hereinafter called the "Interceptor" ; and WHEREAS, in order to construct the interceptor sewer, it may be necessary or desirable for the Sanitary District to obtain a Perpetual Easement, right, privilege and authority to construct, 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 a municipal corporation, hereinafter called the CITY Md;JXO(d( ta�(xxxxxxxxxxxxxxxxxxp)opx!,PA�x=xTp xgix b§rAN ►xx%� (X ) ' and WHEREAS, the Grantor(s) (is) .(are) willing to grant said Perpetual Easement, right, Privilege and authority to the Sanitary District, or its future assignee, -1- i upon the terms and conditions herein set forth. NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) in hand paid by the Sanitary District to Grantor(s) , the receipt of which is hereby acknowledged, and the covenants and conditions hereinafter contained, the Grantor(s) hereby bargain(s) , sell (s) , grant(s) , 'transfer(s) , and convey(s) to the Sanitary District, its successors and assigns, the Perpetual Easement, right, permission, and authority to construct, 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, which is 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 shall be constructed by the open-cut 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 in accordance with the specifications and plans prepared by the District Engineer of the Sanitary District. 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(s) against any loss, damage, cost or expense which (it) (they) may suffer, incur or sustain, or for which (it) (they) 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 -2- i or suits, against Grantor(s) growing out of any such loss, damage, cost or expense, Grantors) shall give written notice to the Sanitary District of the commencment of such action, suit or suits, and thereafter the Sanitary District shall be entitled to assume the defense thereof. The Sanitary District shall save and keep harmless the Grantor(s) 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(s) 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 construed 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(s) 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 operation of the Interceptor, lateral lines or sub- trunks. (b) The Grantor(s) (is) (are) guaranteed ingress and egress at all times during and after construction. (c) The Grantor(s) agree(s) that no buildings will be constructed over the Permanent Easement. (d) The Grantor(s) reserve(s) the right to construct a fence or fences over the- Permanent Easement. -3- (e) The Grantor(s) 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(s) reserves the right to dedicate all or any part of the Permanent Easement for street or roadway purposes. (g) The Grantor(s) agrees to give the Grantee 20" foot construction easement. The 20 foot construction easement shall include tTe' 20 foot permanent easement. IN WITNESS WHEREOF, the Grantor(s) (has) (have) caused this instrument consisting of (6) pages, including the Exhibits" A&B and this page to be executed by the Grantor(s). Cct� -�Q Sanitary Distri t of E gin, President The CITY OF EL6414 ATTEST: By: /S, itary District of Elgin - Clerk -4-