HomeMy WebLinkAbout94-280 Recorded Resolution No. 94-280
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF AN EASEMENT AGREEMENT
FOR A SANITARY SEWER LINE ON BIG TIMBER ROAD
(Northern Illinois Gas Company)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that George VanDeVoorde, Mayor, and Dolonna Mecum,
City Clerk, be and are hereby authorized and directed to
execute and accept a grant of easement for the installation,
construction, reconstruction, operation, maintenance,
alteration, repair, replacement and removal of a sanitary
sewer from Northern Illinois Gas Company over the property
legally described as follows :
A 35 foot wide City of Elgin easement in 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, 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 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
88 . 06 feet to the Northeast corner of the Sanitary
District of Elgin (now known as the Fox River Water
Reclamation District) easement per Document No.
1590210 for the point of beginning; thence North 89
degrees 46 minutes 00 seconds West, along the
Northerly line of said Sanitary District easement, a
distance of 146 . 91 feet; thence Northwesterly, along
said Northerly line, being along a curve to the
right having a radius of 1006 . 41 feet, tangent to
the last described course, an arc distance of 523 . 46
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
40 . 97 feet to a line that is 35 . 00 feet Northerly of
and parallel with the said Northerly line of
Sanitary District easement; thence Southeasterly,
along said parallel line, being along a curve to the
left having a radius of 971. 41 feet and a chord
bearing of South 74 degrees 14 minutes 57 seconds
East, an arc distance of 526 . 18 feet; thence South
89 degrees 46 minutes 00 seconds East, along said
parallel line, tangent to the last described curve,
a distance of 146 . 35 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 35 . 00 feet to the
point of beginning. Being situated in the City of
Elgin, Kane County, Illinois, and containing 0 .53
acre, more or less .
BE IT FURTHER RESOLVED that the City Clerk is hereby
authorized and directed to cause the Easement Agreement to be
recorded in the office of the Recorder of Deeds of Kane
County, Illinois .
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: October 12, 1994
Adopted: October 12, 1994
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
•
• _ • • LCi-•J
9 5 K 0 2 6 0 9 3 r": Psi 2: 45
RECO,t0Eli-
EASEMENT AGREEMENT
FROM
NORTHERN ILLINOIS GAS COMPANY
TO
CITY OF ELGIN
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After recording return to:
Dolonna Mecum
Elgin City Clerk \ ç -
150 Dexter Court •-%i
Elgin, IL 60120
11
• This Document Prepared By: Sec. 3&4 Twp. 41N Range 8E3PM
V.X. Mednansky Elgin Twp. Kane County
P.O. Box 190 P.P.0707
Aurora, IL 60507 PIN: 06-03-351-015
PIN: 06-03-351-027
EASEMENT AGREEMENT
THIS INDENTURE, made and entered into this 2. day of Apt, ( , 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") ;
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 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, its
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:
A 35 foot wide City of Elgin easement in 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, 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
t.1) right-of-way line, a distance of 1042.76 feet to the Southerly
(Jl 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 of an East property line of the Northern
N Illinois Gas Company; thence North 00 degrees 40 minutes 17
seconds West, along said Southerly extension and along said East
CD line, a distance of 88.06 feet to the Northeast corner of the
Sanitary District of Elgin (now known as the Fox River Water
Reclamation District) easement per Document No. 1590210 for the
point of beginning; thence North 89 degrees 46 minutes 00 seconds
West, along the Northerly line of said Sanitary District easement,
a distance of 146.91 feet; thence Northwesterly, along said
Northerly line, being along a curve to the right having a radius
of 1006.41 feet, tangent to the last described course, an arc
distance of 523.46 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 40.97 feet to a
line that is 35.00 feet Northerly of and parallel with the said
/6;1'
Northerly line of Sanitary District easement; thence
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Southeasterly, along said parallel line, being along a curve to
the left having a radius of 971.41 feet and a chord bearing of
South 74 degrees 14 minutes 57 seconds East, an arc distance of
526.18 feet; thence South 89 degrees 46 minutes 00 seconds East,
along said parallel line, tangent to the last described curve, a
distance of 146.35 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 35.00 feet to
the point of beginning. Being situated in the City of Elgin, Kane
County, Illinois, and containing 0.53 acre, more or less.
which easement is descriptively shown on the Plat of Easement prepared by Burnidge and
Westphal, Inc. , marked Exhibit "AA", 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 such proposed 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
up Grantor for the additional costs to be incurred by Grantor, this amount shall be paid to
t Grantor within 30 days of request.
Q 2. Prior to undertaking the installation of said Facility, Grantee shall
e0 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
0 obtain Grantor's written approval and consent to such plans and specifications. Upon
(p receipt of such plans and specifications 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 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 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
•
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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, by Grantee, its successors, contractor or assigns, 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.
WO e. If there are large rocks or other unsuitable material in the
CI1 backfill, the pipeline coating shall be protected from damage by
wrapping the pipeline with suitable padding or by using sand as
O initial fill to one foot above the pipeline.
Ni
CD f. The new underground facility shall be located below existing
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pipelines, with a minimum separation of four feet.
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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:
" 1
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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.
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 and related expenses 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, or 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 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
w exercising jurisdiction therein with counsel acceptable to Grantor and at Grantee's
(Ji expense. No settlement or compromise of any such claim, damage, loss, demand, action or
3 cause of action shall be made unless agreed to by Grantor. Grantor, its successors and
CD assigns, shall not be liable to Grantee, or Grantee's successor and assigns, for any
tV damages or injuries to any persons or to said Facility or any other property of Grantee
Cn situated or located in, on, about or upon the property subjected to this easement, except
O to the extent that injuries or damages are caused by the willful or negligent act of
LID 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
S
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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, and
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 or insurance shall be 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.
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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
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within 30 days of such termination and provide Grantor with a properly executed release of
CD this easement. The easement granted hereunder shall cease and terminate upon
co written 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
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 ��n/
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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 reasonably 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
or to Grantee:
City Engineer
City of Elgin
150 Dexter Court
Elgin, Illinois 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. 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 property officers, thereunto duly authorized and their respective corporate seals
tD to be hereto affixed, as of the day and year first above written.
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NORTHE!.• NOI �� •+ (ANY/
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O ATTEST: Vice President
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Assistant Secretary
CITY OF ELGIN
By �:,�27l�' e-,,,L•C %'7774 --
ATTEST: Title (z) ,
30.6--)44"-<:) MALCAki,---
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ELGEASAG:VXM2
STATE OF ILLINOIS)
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COUNTY OF DU PAGE)
I, L.The x � MPAAGA1, , a Notary Public, in and for said County, in the
State aforesaid, do hereby certify that CA" Arte- 111,r f +n , Vice President
of NORTHERN ILLINOIS GAS COMPANY, an Illinois corporation, and ROA 44 1 + s• He N
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
Company, for the uses and purposes therein set forth. ,�
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Given under my hand and notarial seal this �� day of A Pri ( , 19 _.
1
Notar •lie
My Commission Expires:
LO
" OFFICIAL SEAL "
VICTOR X. MEDNANSKY
CT) NOTARY PUBLIC, STATE OF ILLINOIS
MY COMMISSION EXPIRES 6/11/96
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BURNIDGE AND WESTPHAL, IF
• THI8 PLAT OF EASEMENT WAS PREPARED WITHOUT THE BENEFIT Ol A TITLE 163 NORTH EDISON AVENUE
ELGIN, ILLINOIS 60123
COMMITMENT, THEREFORE OTHER EASEMENTS WERE NOT SHOWN.
e. (708) 888-2610
13W 93-430'1
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9 5 K 0 2 6 0 9 3 95 MAY 15 PH 2: 45
G" RECORDER-
1844 Ferry Road
Naperville,IL 60563-9600
708 983-8888
Mailing Address:
P.O.Box 190
Aurora,IL 60507-0190
0
Northern Illinois Gas
April 17, 1995
Mr. Raymond H. Moller
Director of City Properties
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
Subject: Big Timber Road Sewer Easement
Dear Mr. Moller:
Enclosed herewith and returned for recording, is a fully executed easement document to replace
the easement that was previously granted in 1992. Thank you for your return of the executed
Release of Easement document that was returned to me during the week of 03/20/95. Also thank
you for payment of the repaving and gate reconstruction expenses ($11,035.79) that stemmed
from the initial construction.
Please help me to complete my file by providing me with the recording information for this grant.
I will make the recording information for the Release available to you.
Very truly yours,
qi.C- )16
Victor Mednans y
Real Estate Agent
(Extension 2973)
Enclosure
cc: Chuck Dockery
Joe Johnson
r1in
���� Agenda Item No .
=Alm
September 21, 1994
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Northern Illinois Gas Big Timber Sewer Easement
PURPOSE
The purpose of this memorandum is to present to the City
Council a Sewer Easement Agreement with Northern Illinois Gas
Company for the sewer line located on Big Timber Road west of
McLean Boulevard.
BACKGROUND
The City was required to obtain easements in order to install
the Big Timber-Tyler Creek Interceptor Sewer along Big Timber
Road. On July 22, 1992 the City Council authorized an ease-
ment agreement with Northern Illinois Gas for the sewer line
easement. However, the sewer line was not entirely installed
within the approved easement area and the easement approved
on July 22, 1992 was not recorded. The proposed agreement
correctly identifies the easement area for the sewer line.
FINANCIAL IMPACT
Northern Illinois Gas is granting easement at no cost to the
City.
NEIGHBORHOOD AND COMMUNITY GROUPS CONTACTED
None.
LEGAL IMPACT
Insurance will be required.
Northern Illinois Gas
Big Timber Sewer Easement
September 21, 1994
Page 2
RECOMMENDATION
It is recommended that the Mayor be authorized to enter into
the easement agreement with Northern Illinois Gas .
Respectfully submitted,
_LI 17
Raymond H. Moller
Director of City Properties
Richard B. Helwig
City Manager
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•
This Document y Prepared B : Sec. Tw'p. 41N Range 8E3PM
� 3PM g �
V.X. Mednansky Elgin Twp. Kane County
P.O. Box 190 p.p.0707
Aurora, IL 60507 PIN: 06-03-351-015
PIN: 06-03-351-027
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") ;
W1. IZi £ Ili:
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, its
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:
A 35 foot wide City of Elgin easement in 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, 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.89degrees 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 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 88.06 feet to the Northeast corner of the
Sanitary District of Elgin (now known as the Fox River Water
Reclamation District) easement per Document No. 1590210 for the
point of beginning; thence North 89 degrees 46 minutes 00 seconds
West, along the Northerly line of said Sanitary District easement,
a distance of 146.91 feet; thence Northwesterly, along said
Northerly line, being along a curve to the right having a radius
of 1006.41 feet, tangent to the last described course, an arc
distance of 523.46 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 40.97 feet to a
r - 2 -
Southeasterly, along said parallel line, being along a curve to
the left having a radius of 971.41 feet and a chord bearing of
South 74 degrees 14 minutes 57 seconds East, an arc distance of
526.18 feet; thence South 89 degrees 46 minutes 00 seconds East,
along said parallel line, tangent to the last described curve, a
distance of 146.35 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 35.00 feet to
the point of beginning. Being situated in the City of Elgin, Kane
County, Illinois, and containing 0.53 acre, more or less.
which easement is descriptively shown on the Plat of Easement prepared by Burnidge and
Westphal, Inc. , marked Exhibit "AA" , 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
171
'1itional facilities at this location, and in the event any of the Facility constructed
j Grantee pursuant to this Easement Agreement shall interfere with such proposed 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 specifications submitted by Grantee, Grantor shall promptly
review such plans and specifications and notify Grantee of its approval or its objections
ereto. Any proposed changes in said plans before or after installation or any
ditional attachments, equipment or appurtenances required for said Facility 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 Facility,
and except in an emergency, all construction, reconstruction, installation, maintenance,
- 3 -
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, by Grantee, its successors, contractor or assigns, 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 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:
- 4 -
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.
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
r-" regulationsof the Illinois Commerce Commission or any other public authorities having
risdiction, 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 and related expenses 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, or 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 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
la the extent that injuries or damages are caused by the willful or negligent act of
intor, 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
- 5 -
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, and
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
mprehensive 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 or insurance shall be 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 upon
written 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
on its part to account to Grantee therefor.
13. In the event Grantee, its successors or assigns, shall fail to fulfill and
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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 reasonably 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
or to Grantee:
City Engineer
City of Elgin
150 Dexter Court
Elgin, Illinois 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. 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 property 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
ATTEST: Vice President
Assistant Secretary
CITY OF ELGIN
By
ATTEST: Title
.ee4ete.,* C 00%I
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1TE OF ILLINOIS)
) SS
COUNTY 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
(72mpany, for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of , 19_
Notary Public
My Commission Expires:
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coMKITMT, TK111ro11 OTML1 1A•1K1Ms• •Las MOT •Mo11, ELGIN, ILLINOIS 601
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ATE OF ILLINOIS )
) SS
COUNTY 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:
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