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HomeMy WebLinkAbout92-0722 Northern IL Gas Easement Agreement Ga- o7 I'lor+hern Z I I Gas EQcer�en+— RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT WITH • NORTHERN ILLINOIS GAS COMPANY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Easement Agreement on behalf of the City of Elgin with Northern Illinois Gas Company for the Big Timber/Tyler Creek interceptor sewer , a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: July 22, 1992 Adopted: July 22, 1992 Omnibus Vote: Yeas 5 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Ell111 •C s Agenda Item No. VII July 1, 1992 MEMORANDUM TO: Mayor and Members of the City Council FROM: City Manager SUBJECT: Big Timber/Tyler Creek Interceptor Sewer Northern Illinois Gas Easement PURPOSE: This memorandum will provide the Mayor and Council with information to consider entering into an easement agreement with Northern Illinois Gas Company (NIG) BACKGROUND: The work on the Big Timber/Tyler Creek Interceptor Sewer is progressing well. In order to avoid conflicts with the Big Timber Road roadway improvements, the sewer is being installed in the front yards of the the properties on the north side of Big Timber Road in an easement between NIG and Lyle Avenue. A copy of the easement is attached for your consideration. FINANCIAL IMPACT: As part of the improvements for both the sanitary sewer and the Big Timber roadway work, the City will provide NIG with wider drive approaches, two storm sewer connections and new paving for the parking lot the sewer is passing through. It is expected that this work will cost approximately $15,000.00 and is included in the respective projects. RECOMMENDATION: It is recommended that the Mayor and Council authorize the City Manager and City Clerk to execute the easement with Northern Illinois Gas Company for the Big Timber/Tyler Creek Interceptor Sewer. ir- Larry—L. -i>- City Manager Attachment • This Document Prepared By: - Sec.3&4 Twp. 41N Range 8E3PM Donald P. Gadzala Elgin Twp. Kane County r'.0. Box 190 P.P. 0707 Aurora, IL 60507 EASEMENT AGREEMENT THIS INDENTURE, made and entered into this day of , 19_, 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, 150 Dexter Court, (hereinafter sometimes referred to as "Grantee"): WTTILaILTH: 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 36" diameter sanitary sewer (hereinafter referred to as "Facility") 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 unto Grantee a non-exclusive perpetual easement for said Facility, 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, without warranty of title, unto Grantee, is successors and assigns, a non-exclusive perpetual easement to install, construct, reconstruct, operate, maintain, alter, repair, replace and remove one 36" diameter sanitary sewer, in, under, upon, through and across: Part of the Southwest Quarter of Fractional Section 3, and part of the Southeast Quarter of Fractional Section 4, all in Township 41 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois, described as follows: A 40.00 foot wide easement, described as follows: Commencing at the intersection of the center line of North McLean Boulevard with the Northerly right-of-way line of the Soo Line Railroad (formerly Chicago, Milwaukee, St. Paul and Pacific Railroad Company); thence North 89 degrees 46 minutes 09 seconds West, along said Northerly right-of-way line, a distance of 1042.76 feet to the Southerly extension of an East property line of the Northern Illinois Gas Company; thence North 00 degrees 40 minutes 17 seconds West, along said Southerly extension and along said East line, a distance of 73.05 feet to a Southeast corner of Northern Illinois Gas Company property and being the Northerly right-of-way line of Big Timber Road for the point of beginning; thence North 89 degrees 46 minutes 00 seconds West, along said right-of-way line, a distance of 147.14 feet; thence Northwesterly, along said right-of-way line, being along a curve to the right having a radius of 1021.41 feet, tangent to the last described course, an arc distance of 522.38 feet to a West line of said Northern Illinois Gas Company property; thence North 00 degrees 40 minutes 17 seconds West, along said West line, a distance of 46.61 feet to a line that is 40.00 feet, as measured at right angles, Northerly of and parallel with the said Northerly right-of-way line of Big Timber Road; - 2 - thence Southeasterly, along said parallel line, being along a curve to the left having a radius of 981.41 feet and a chord bearing of South 74 degrees 25 minutes 50 seconds East, an arc distance of 525.37 feet; thence South 89 degrees 46 minutes 00 seconds East, along said parallel line, tangent to the last described curve, a distance of 146.51 feet to the East line of the said Northern Illinois Gas Company property; thence South 00 degrees 40 minutes 17 seconds East, along said East line, a distance of 40.00 feet to the point of beginning, being situated in the City of Elgin, Kane County, Illinois, and containing 0.61 acre, more or less. which easement is descriptively shown on the plat dated May 15, 1992, by John L. Burnidge, marked Exhibit "A", attached hereto and made a part hereof. The easement for said Facility 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 be exercised by Grantee in a manner that will not in Grantor's judgement interfere with the present or future installations 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 Facility constructed by Grantee pursuant to this Easement Agreement shall interfere with filk)roposed use of the premises of Grantor, Grantor shall deliver to Grantee a written notice describing such proposed use and stating that said Facility of Grantee will interfere with such proposed use. This notice shall be accompanied by an itemized list of any additional costs to be incurred by Grantor if Grantor alters its proposed use to avoid interference with said Facility of Grantee's. Upon receipt of such notice and itemization of additional costs, Grantee shall have the option of either (1) notifying Grantor within ten days of the receipt of such notice that it elects to relocate said Facility, 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 costs to be incurred by Grantor, as shown by the itemization of cost submitted by Grantor. In the event Grantee shall elect to relocate said Facility, Grantee shall promptly take all steps necessary to complete such relocation within a reasonable time, and in no event later than 60 days from the date of such notice. In the event Grantee shall elect to reimburse Grantor for the additional costs to be incurred by Grantor, this amount shall be paid to Grantor within 30 days of request. 2. Prior to undertaking the installation of said Facility, Grantee shall provide Grantor with detailed plans and specifications as to the location and as to the method or manner of installation and construction of said Facility and Grantee shall obtain Grantor's written approval and consent to such plans and specifications. Upon receipt of such plans and specification submitted by Grantee, Grantor shall promptly review such plans and specifications 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 Facility after installation phshall 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 - 3 - Grantor be unreasonably withheld. 3. Except for routine maintenance, operation and inspection of said Facility, 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 be 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 Grantee'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 protective 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 reimburse Grantor for any costs or expenses, sustained 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 Facility. 5. All installation, construction, reconstruction, operation, repair, 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 be 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 exposed. Afterwards, all digging within 5 feet of pipelines shall be performed by hand, or as directed by Grantor's representative. d. If necessary to excavate under the pipeline, it shall be properly supported (as directed by Grantor's representative) during and after construction. e. If there are large rocks or other unsuitable material in the backfill, the pipeline coating shall be protected from damage by wrapping the pipeline with suitable padding or by using sand as initial fill to one foot above the pipeline. f. The new underground facility shall be located below - 4 - existing pipelines, with a minimum separation of four feet. g. There shall be no boring across Grantor's pipeline without prior approval of Grantor's representative. h. The pipeline or pipelines shall be protected from heavy equipment crossing by concrete pad protection, as per NI-Gas specifications, or as directed by Grantor's representative. i. Prior to the start of construction, 48 hours notice shall be given to the appropriate Maintenance Department: Manager Construction Maintenance Crystal Lake, IL Phone: 815/455-0271 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 excavated 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 Facility, in a neat, clean and orderly condition. A performance bond is to be posted to guarantee that all cleanup will be done in a satisfactory manner. 6. Grantee shall furnish, upon completion, to Grantor, an engineering drawing accurately showing the installed location of its Facility. 7. Grantee will install, construct, reconstruct, operate, maintain, alter, repair, replace and remove said Facility in accordance with all applicable orders, rules and regulations of the Illinois Commerce Commission or any other public authorities having jurisdiction, and will, at its sole cost and expense, obtain all permits required therefor. 8. 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 be 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, fik3r is alleged to arise out of or in connection with, the breach of Grantee of any covenant in this Easement Agreement, or the non-compliance by Grantee of any applicable • - 5 - law (including, without limitation, Environmental Laws) at the premises or the installation, construction, reconstruction, operation, maintenance, alteration, repair, replacement, use, removal or existence of said Facility by Grantee upon the premises, or the 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 defense thereof before any court, board, commission or other governmental body exercising jurisdiction therein with counsel acceptable to Grantor and at Grantee's expense. 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 successor and assigns, for any damages or injuries to any persons or to said Facility 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 negligent act of Grantor, its successors or assigns. Grantee hereby covenants that the use and operation of the premises by Grantee will at all times comply with any and all applicable laws, including, without limitation, Environmental Laws, and that Grantee shall not cause or permit any Hazardous material to be introduced to or handled on the premises. As used herein, the term "Environmental Laws" shall mean and refer to all applicable laws, ordinances, requirements and regulations (including consent decrees and administrative orders) relating to public health and safety and protection of the environment and the term "Hazardous Material" shall mean and refer to any hazardous substance or any pollutant or contaminant defined as such in (or for purposes of) the Comprehensive Environmental Response, Compensation, rnd Liability Act, any so-called "Superfund" or "Superlien" law, the Toxic Substance Control Act, or any other Federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect, or any other hazardous, toxic or dangerous waste, substance or material (including, without limitation, asbestos and poly-chlorinated biphenyls and petroleum and its by-products) . The foregoing indemnification, defense and hold harmless obligations shall survive any termination of this Easement Agreement. The acts of the respective employees, representatives, agents or contractors of Grantor or Grantee, as the case may be, shall be deemed to constitute the acts of Grantor and Grantee respectively for the purposes of this Section 8. 9. 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 comprehensive general liability insurance (including Contractual Liability on a blanket broad form basis) and property damage insurance in form reasonably acceptable to Grantor which will protect and save harmless Grantor as stated therein. Limits of such comprehensive general liability insurance shall be $3,000,000 for each occurrence with respect to bodily injury or death and property damage. In addition, workers' compensation (with statutory limits) and employer's liability (with limits of $500,000) shall be procured. 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 - 6 - r delivered to Grantor in care of the Real Estate Department, P.O. Box 190, Aurora, Illinois, 60507. 10. Grantee agrees, in further consideration for granting this Easement Agreement, that Grantee will allow Grantor and it's representatives, employees, agents and contractors, the right and permission to come upon and use any portion of Grantee's adjoining property, in order that Grantor may have free unrestricted ingress and egress to Grantor's facilities, at all times. Further, Grantee agrees that Grantor's ingress and egress to Grantor's property and facilities shall in no way be restricted by Grantee's construction on, or use of the premises. Grantee further agrees that both a legal and physical means of access to said property and facilities shall be provided at all times. 11. In the event Grantee, its successors, or assigns, deem it necessary to cease operation of its Facility or cease to use said Facility 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 whatsoever, Grantee shall, at its expense, within 90 days of such termination, remove its Facility, or if Grantee does not exercise this right, and is not requested to do so by Grantor; said Facility shall immediately become the property of Grantor without liability or obligation rn 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 be 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 electrolysis mitigating methods or equipment used in connection with Grantee's Facility shall be coordinated with methods or requirements of Grantor, and Grantee agrees to provide and install, at its sole cost and expense, such equipment as may be necessary to mitigate any electrolysis caused by the presence of said Facility in the premises. 16. Any notice herein provided to be given shall be deemed properly given if in writing and delivered personally or mailed to Grantor in care of: Real Estate Department Northern Illinois Gas Company P.O. Box 190 Aurora, Illinois 60507 • 7 or to Grantee: City Engineer City of Elgin 150 Dexter Court Elgin, IL 60120-5555 or to such other persons or addresses as the parties may from time to time designate. 17. Prior to any digging on the subject property, including easement area, the Purchaser shall call JULIE (800)892-0123 for a location of facilities on the property. 18. Subject to the mutual covenants and agreements hereinbefore set forth, Grantor further agrees to provide a temporary easement for construction purposes, commencing with the date of this Easement Agreement, and ending at the earlier of 90 days from the date of commencement of construction or completion of Grantee's construction, as hereinbefore described, over and across: Part of the Southwest Quarter of Fractional Section 3, and part of the Southeast Quarter of Fractional Section 4, all in Township 41 North, Range 8 East of the Third Principal Meridian, Kane County, Illinois, described as follows: A 45.00 foot wide temporary construction easement, described as follows: Commencing at the intersection of the center line of North McLean Boulevard with the Northerly right-of-way line of the Soo Line Railroad (formerly the Chicago, Milwaukee, St. Paul and Pacific Railroad Company) ; thence North 89 degrees 46 minutes 09 seconds West, along the said Northerly right-of-way line, a distance of 1042.76 feet to the Southerly extension of an East property line of the Northern Illinois Gas Company; thence North 00 degrees 40 minutes 17 seconds West, along said Southerly extension and along said East line, a distance of 113.05 feet to a line that is 40.00 feet, as measured at right angles, Northerly of and parallel with the Northerly ,right-of-way line of Big Timber Road for the point of beginning; thence North 89 degrees 46 minutes 00 seconds West, along said parallel line, a distance of 146.51 feet; thence Northwesterly, along said parallel line, being along a curve to the right having radius of 981.41 feet, tangent to the last described course, an arc distance of 525.37 feet to a West line of said Northern Illinois Gas Company property; thence North 00 degrees 40 minutes 17 seconds West, along said West line, a distance of 53.30 feet to a line that is 85.00 feet, as measured at right angles, Northerly of and parallel with the said Northerly right-of-way line of Big Timber Road; thence South 57 degrees 40 minutes 00 seconds East, along said parallel line, a distance of 4.57 feet; thence Southeasterly, along said parallel line, being along a curve to the left having a radius of 936.41 feet, tangent to the last described course, an arc distance of 524.62 feet; thence South 89 degrees 46 minutes 00 seconds East, along said parallel line, a distance of 145.80 feet to the said East line of the Northern Illinois Gas Company property; thence South 00 degrees 40 minutes 17 seconds East, along said East line, a distance of 45.01 feet to the point of beginning, being situated in the City of Elgin, Kane County, Illinois, and containing 0.69 acre, more or less. • - 8 - which temporary easement is also descriptively shown on the attached Exhibit "A". 19. 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 be executed by their proper officers, thereunto duly authorized and their respective corporate seals to be hereto affixed, as of the day and year first above written. NORTHERN ILLINOIS GAS COMPANY By Vice President ATTEST: Assistant Secretary CITY OF ELGIN By Title rTTEST: Title • r STATE OF ILLINOIS ) ' ) SS OUNTY OF DU PAGE ) I, , a Notary Public, in and for said County, in the State aforesaid, do hereby certify that , Vice President of NORTHERN ILLINOIS GAS COMPANY, an Illinois corporation, and ,Assistant Secretary of said Company, personally known to me to be the same persons whose names are subscribed to the foregoing 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 corporate seal of said Company to said instrument as his own free and voluntary act, and as the free and voluntary act of said ekompany, for the uses and purposes therein set forth. Given under my hand and notarial seal this day of , 19_ Notary Public My Commission Expires: C STATE OF ILLINOIS ) ) SS rOUNTY OF ) I. , a Notary Public in and for said County and State and residing in the County of 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 _he_ signed, sealed and delivered 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 A.D. , 19_ Notary Public My Commission Expires: C 1 1 *.°41 • DATED AT ELGIN, ILLINOIS, THIS 15TH DAY OF MAY, A.D. 1112. l'7 HU NIDGE AND WESTPHAL, INC. ck LINOIS REGISTERED PROFESSIONAL ,e LAND SURVEYOR NO. 015-002518 4 C MN e II M? Nb ►i v2� 0 *s 3 / rEM�,,,P © M `\ ./\ c/ry e0.4- �Ec �T�Pe-so-4,„4.ri'�N 4. Ase.... ;tillIQ O ` 7Q���E�9S��- �Q2 Q r� -, 'CC-1'k.-E#1."4-4,,- L'c Nr Ms. e k t \ �l '"�.v��......??..4-,0.1r,_ I00%07 ds.ei SC J ` 4.. ??� s I S D'tc'hOe. S.no 07WI".41 1 C •.96.44,-,-` + �"• �6 S/iv .sex/rAWi rsr CYJ.P•{/E.P exe e/exp 4trATAI • NrIM ;0�P?•3Q .SC�p�� !L6/Nel/s 4.45 C/JM/.4AIY QQ g 144 NI ..iv,,. 'De4i/ •- /07/I ^ /,12/A/T OF v rpt � , - s• - -^C TEMP/R.0WY Coi✓srPI/Cr/i ) V ilii "mil I1 EAS6MEA/T / V V l P�,y�/.vE'� i.k`n Q2 (C/rV/JF2L6/A/EAszAezwr) �\ _ " /�I2?-16 / .1.n/.6.3lGWS-r✓. .✓3.vraE.P/r.au•r eV' tone At ' Sm,lw, ,vo/t~or,/q,kh r4Pc✓ dt.00, AdetvoLoler, sr. At E Asi if.ec.pbnm+q c4N/iIN1) t. NO SCALi: S`J,/ C• .0,.../s,„....., r I FEEr A.�I/J Oec/M/7L.s • LlNF .PAIL�PoA� BURNIDGE AND WESTPHAL, • 163 NORTH EDISON AVENUE • THIS PLAT OF EASEMENT WAS PREPARED WITHOUT THE BENEFIT or A TITLE ELGIN, ILLINOIS 60123 COMMITMENT, THEREFORE OTHER EASEMENTS WERE NOT SHOWN. (708) 888-2610 3W 92-144