HomeMy WebLinkAbout95-65 Resolution No. 95-65
RESOLUTION
AUTHORIZING EXECUTION OF A RELEASE OF EASEMENT
(Northern Illinois Gas)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed
to execute a Release of Easement for the property legally
described as follows :
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; 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 .
a copy of which is attached hereto and made a part hereof by
reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: March 22, 1995
Adopted: March 22, 1995
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
This Instrument Prepared By: P.P. 0707
Victor Mednansky P.I.N. 06-03-351-015
Northern Illinois Gas Company P.I.N. 06-03-351-027
P.O. Box 190
Aurora, IL 60507
RELEASE OF EASEMENT
Know all men by these presents that the City of Elgin, 150 Dexter
Court, Elgin, Illinois, an Illinois municipal corporation, for and in
consideration of One Dollar, and for other good and valuable considerations,
the receipt whereof is hereby confessed, does hereby remise, convey, release
and quit claim all right, title interest, claim or demand whatever that it may
have acquired by a certain Easement Agreement granted in favor of the City of
Elgin by Northern Illinois Gas Company by virtue of document dated September
1, 1992, in, under, upon and through, the premises therein described, as
follows, to wit:
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;
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
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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.
In witness whereof, the City of Elgin has caused this Release of
Easement to be executed in its name by its City Manager and its�� "seal hereunto
affixed and attested by its City Clerk, this o / day of /°4A---j--
19
CITY OF ELGIN
City Manager
ATTEST:
City Clerk
•STATE OF ILLINOIS )
) SS
COUNTY OF )
I, Suellyn Losch , a Notary Public in and for
said County and State and residing in the County of Ka nP , do
hereby certify that Richard B. Heiwig & Dolonna Mecum , personally
known to me to be the same persons whose names a rp subscribed to the
foregoing instrument, appeared before me this day in person and acknowledged
that they signed, sealed and delivered said instrument as bhejrfree and
voluntary act for the uses and purposes therein set forth.
Given under my hand and notarial seal this 23rd day of _March
, A.D. , 19 95
v:M
OFFICIAL SEAL
SUELLYN LOSCH
NOTARY PUBLIC,STATE OF ILLINOIS //// //
MV COMMISSION EXPIRES:10/27/98 ( i'/ L4 i7
vin.„,''`N ,'ti` ""v„',,„ Notary Public
My Commission Expires:
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Agenda Item No .
�je
March 3, 1995
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Northern Illinois Gas Release of Easement Agreement
PURPOSE
The purpose of this memorandum is to present to the City
Council a Release of Sewer Easement granted by Northern Illi-
nois 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. On October 12, 1994 the
City Council accepted an easement with Northern Illinois Gas
Company that correctly identified the easement area. At the
time that the revised easement was approved, the City should
have released the original easement. The release of the
original easement is being requested at this time.
FINANCIAL IMPACT
The payment of $11,035.79 to Northern Illinois Gas for the
easement authorized by the City Council in July, 1992 , appears
on the City Council ' s Authorization for Payments memorandum.
Payment is to be made from the Sewer Operating Fund,
430-4202-771 .92-32 .
NEIGHBORHOOD AND COMMUNITY GROUPS CONTACTED
None.
LEGAL IMPACT
None.
.
Mayor and Member of City Council
March 3, 1995
Page 2
RECOMMENDATION
It is recommended that the Mayor be authorized to execute the
Release of Easement Agreement with Northern Illinois Gas
Company.
Respectfully submitted,
Raymond H. Moller
Director of Business
Services and Properties
•
Richard B. Helwig
City Manager
RHM/sg
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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
Elm n
Agenda Item No.
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
fek 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.
Larry—L. i Y Manager
Mana er
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") :
WITNESSETH:
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;
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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 such
rroposed 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
owshall 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
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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
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r
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,
ror 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
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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,
nd 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
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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
rIn 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
r Northern Illinois Gas Company
[ P.O. Box 190
Aurora, Illinois 60507
- 7 f
e.,
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
r 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
rTEST:
Title
•
C
STATE 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
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:
r
STATE OF ILLINOIS )
) SS
'OUNTY 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:
r
411 41111 '
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DATED AT ELGIN, /LLINOIS, THIS 15TH DAY OF MAY, A.D. 1992. 111
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163 NORTH EDISON AVENUE
THIS PLAT OF EASEMENT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE ELGIN, ILLINOIS 60123
. ..
COMMITMENT, THEREFORE OTHER EASEMENTS WERE NOT SHOWN. (708) 888-2610
3 W 92-144
,