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HomeMy WebLinkAbout94-3 Recorded Resolution No. 94-3 RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT (Northern Illinois Gas) 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 an easement agreement on behalf of the City of Elgin with Northern Illinois Gas for the installation of water mains on the property located at Highland Avenue and Highway 20 which is legally described as follows : A parcel of land situated in the North Half of Section 8, Township 41 North, Range 8 East of the Third Principal Meridian, Elgin Township, Kane County, Illinois, said parcel of land 10 feet wide lies 5 feet in width on either side of the center of Grantee' s 20-inch diameter water line as constructed across Grantor's property situated adjacent to and across Highland Avenue. A parcel of land situated in the North Half of Section 17, Township 41 North, Range 8 East of the Third Principal Meridian, Elgin Township, Kane County, Illinois, said parcel of land 10 feet wide lies 5 feet in width on either side of the center of Grantee' s 24-inch diameter water line as constructed across Grantor' s property situated adjacent to Highway 20 . 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: January 12, 1994 Adopted: January 12, 1994 Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk iLi, : 0 KA" -_ f;-=, : Y. ILL. 94 K 02293 9 This Document Prepared By: Sec.8&17 Twp. 41N Range 8E3PM V.X. Mednansky Elgin Twp. Kane County P.O. Box 190 Aurora-Elgin Parcels: 47, 49 Aurora, IL 60507 & 49A EASEMENT AGREEMENT THIS INDENTURE, made and entered into this 22A day of Feb ry ar , 1994, 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 , an Illinois municipal corporation, (hereinafter sometimes referred to as "Grantee") : WITNESSET H: WHEREAS, Grantee has requested Grantor to grant unto it a non-exclusive Tperpetual easement to install, construct, reconstruct, operate, maintain, alter, repair, r` replace and remove one buried 20-inch and one buried 24-inch diameter water main (hereinafter referred to as "Facility") in, under, upon and across certain real property w S owned by Grantor in Kane County, Illinois (hereinafter more fully described) . 7Z 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: 00 NOW, THEREFORE, in consideration of ten and no/100 ($10.00) dollars and other 0- good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in further consideration of the mutual covenants and agreements 03 hereinafter set forth, Grantor hereby grants, without warranty of title, unto Grantee, its successors and assigns, a non-exclusive perpetual easement to install, construct, Zreconstruct, operate, maintain, alter, repair, replace and remove said 20-inch diameter and 24-inch diameter water mains, in, under, upon, through and across: Refer EXHIBIT "A" for legal description of easement premises and refer EXHIBIT "B" for depiction of said easement premises, both EXHIBIT "A" and EXHIBIT "B" 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 up 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 IN) by Grantee pursuant to this Easement Agreement shall interfere with such proposed use of NJ the premises of Grantor, Grantor shall deliver to Grantee a written notice describing such (JO 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 CD incurred by Grantor if Grantor alters its proposed use to avoid interference with said Facility of Grantee. 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 1 • -2- . 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 60 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 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 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 -J event it elects to perform such work, Grantor shall make a reasonable effort to complete tp any such protective work prior to Grantee's proposed time for commencement of its work, r„1 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 .� 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 in the course of construction, reconstruction, operation, maintenance, alteration, repair, replacement or removal of Grantee's Facility. w 5. All installation, construction, reconstruction, operation, repair, replacement or removal work performed by Grantee pursuant to the easement granted by this C) indenture shall conform to the following rules and regulations: N a. No work to be done on Grantor's premises without CO Grantor's representative being present. b. There shall be no blasting in connection with excavation near pipelines without Grantor's approval. d- - 3 - 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 two 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 Transmission Department: -J Area Manager North Zone Transmission -r.1 750 North Elmhurst Road Elk Grove Village, IL 60007 -= Phone: 708/439-2664 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 GD by it in connection with the construction, reconstruction, maintenance, alteration, repair, replacement or removal of said Facility, in a neat, (y^ clean and orderly condition. A performance bond is to cam, be posted to guarantee that all cleanup will be done in (L' a satisfactory manner. 3 - 4 - • 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, 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 successors 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. CD Grantee hereby covenants that the use and operation of the premises by Grantee -4-" 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 intr.duced 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, 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 k-C) concerning any hazardous, toxic or dangerous waste, substance or material, as now or at 4: 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) . t..t The foregoing indemnification, defense and hold harmless obligations shall survive any termination of this Easement Agreement. The acts of the respective employees, cr 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. It - 6 - Manager, Real Estate Department Northern Illinois Gas Company P.O. Box 190 Aurora, Illinois 60507 or to Grantee: Water Department City of Elgin 150 Dexter Court Elgin, Illinois 60120 or to such other persons or addresses as the parties may from time to time designate. 16. Prior to any digging on the subject property, including easement area, the Grantee shall call JULIE, (800) 892-0123, for a location of facilities on the property. 17. 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. ATTEST: , , NORTHERN IS C!,�� .ir ll° A i , . -441iinary Vice President A ST: - CITY OF LGIN ii• -414„_ By ��”e�.e L4 ,42,4g, g JD Title C r 1 y CLCR/r Title Mayor :.O N O After recording, return to: `'.0 Dolonna Mecum Elgin City Clerk CD 150 Dexter Court . . Elgin, IL 60120 N) CD CO CD elgneagr:VXM2 6 WE OF '1L..;µ01$ ) SS COUNTY OF DU PAGE ) I, l,c4oit Y . M4D0*.M$K4, a Notary Public in and for said County, in the State aforesaid, do hereby certify that GNe.Mt..g TN•Rvivo Vice President of NORTHERN ILLINOIS GAS COMPANY, an Illinois corporation, and 'ONN "016DUA4L41,1ftt, 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. Given under my hand and notarial seal this 2 day of 1'C b r 4 w r 1 -.J A.D. , 196141. 4" iV Notary lic My Commission Expires: " OFFICIAL SEAL " VICTOR X. MEDNANSKY NOTARY PUBLIC. STATE OF ILLINOIS MY COMMISSION EXPIRES 6/11/96 Q c2 t.� EXHIBIT "A" CROSSING AT HIGHLAND AVENUE A parcel of land situated in the North Half of Section 8, Township 41 North, Range 8 East of the Third Principal Meridian, Elgin Township, Kane County, Illinois, said parcel of land 10 feet wide lies 5 feet in width on either side .of the center of Grantee's 20-inch diameter water line as constructed across Grantor's property situated adjacent to and across Highland Avenue, the approximate location of said 10 foot wide parcel being identified by HATCH MARKS AND PRINTED LABEL on EXHIBIT "B" (SHEET 1 OF 2) attached hereto and made a part hereof. CROSSING AT HIGHWAY 20 A parcel of land situated in the North Half of Section 17, Township LO 41 North, Range 8 East of the Third Principal Meridian, Elgin Township, Kane County, Illinois, said parcel of land 10 feet wide ZD lies 5 feet in width on either side of the center of Grantee's �-- 24-inch diameter water line as constructed across Grantor's property ;N) situated adjacent to Highway 20, the approximate location of said 10 YV foot wide parcel being identified by HATCH MARKS AND PRINTED LABEL ON EXHIBIT "B" (SHEET 2 OF 2) attached hereto and made a part hereof. l,0 c W CD EVnO Agenda Item Br ( i-t- ,,k,. ....„7,...„,, ,4.,v_6"..s.. . January 6, 1994 TO: Mayor and Members of the City Council FROM: Robert 0. Malm, Interim City Manager SUBJECT: AUTHORIZATION TO EXECUTE EASEMENT AGREEMENT WITH NI-GAS FOR INSTALLATION OF WEST ZONE PHASE II WATER MAINS AT HIGHLAND AVENUE AND U.S. ROUTE 20 PURPOSE This memorandum will provide information to the Mayor and Council to consider in authorizing the execution of an ease- ment agreement with Northern Illinois Gas Co. for installa- tion of west zone phase II water mains at Highland Avenue and U.S. Route 20. BACKGROUND The installation of west zone phase II water mains requires the crossing of a NI-Gas transmission main at both Highland Avenue and U.S. Route 20. The attached easement document provides for this installation. FINANCIAL IMPACT The annexation agreement stipulates a $10 fee in considera- tion for this easement, of which the receipt and sufficiency are hereby acknowledged. RECOMMENDATIONS Authorize the execution of an easement agreement with North= ern Illinois Gas Co. on U.S. Route 20 and on Highland Avenue. Ail,: A IL A 4.. elk Ro. -rt • . M. m, Interim City Manager ROM:LED:jk