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HomeMy WebLinkAbout95-93 Recorded Resolution No. 95-93 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT FOR ROADWAY PURPOSES l� �jr (Northern Illinois Gas Company) _ 4 �d`q(,e ' -' y BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Kevin Kelly, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute and accept a grant of easement for roadway purposes from Northern Illinois Gas Company for the property legally described as follows : That part of the North Half of Section 17, Township 41 North, Range 8 East of the Third Principal Meridian described as follows : Commencing at the intersection of the Westerly line of Lot 1 of the Northwest Quarter of said Section 17 , according to the Assessor' s Map of 1870, also being the Westerly line of land conveyed to Northern Illinois Gas Company by Deed dated November 19 , 1965 as Document No. 1060432, with the center line of Highway (U. S . Route 20) ; thence Southeasterly along said center line of Highway (U.S. Route 20) a distance of 230 . 0 feet; thence North 0 degrees 51 minutes 34 seconds East, a distance of 329 . 94 feet to the Easterly line of said land conveyed to Northern Illinois Gas Company; thence North 29 degrees 47 minutes 57 seconds East along said Easterly line of land conveyed to Northern Illinois Gas Company, a distance of 1079 . 68 feet for a place of beginning; thence North 60 degrees 12 minutes 03 seconds West, a distance of 21 . 34 feet to a point of curvature; thence Northwesterly along a curve concave to the Northeast and having a radius of 230 . 00 feet, an arc length of 44 . 95 feet to the Westerly line of said land conveyed to Northern Illinois Gas Company; thence North 29 degrees 47 minutes 57 seconds East along said Westerly line of land conveyed to Northern Illinois Gas Company, a distance of 61 . 59 feet; thence Southeasterly along a curve concave to the Northeast having a radius of 170 . 00 feet and a chord bearing of 52 degrees 35 minutes 08 seconds East, an arc distance of 45 . 19 feet to a point of tangency; thence South 60 degrees 12 minutes 03 seconds East, a distance of 21 . 34 feet to said Easterly line of land conveyed to Northern Illinois Gas Company; thence South 29 degrees 47 minutes 57 seconds West along said Easterly of land conveyed to Northern Illinois Gas Company, a distance of 60 . 00 feet to said place of beginning, containing 0 . 091 acres, more or less . BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Grant of Easement to be recorded in the office of the Recorder of Deeds of Kane County, Illinois . s/ Kevin Kelly Kevin Kelly, Mayor Presented: May 10, 1995 Adopted: May 10, 1995 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • • • Sec 17 Twp 41N Rng 8E 3 PM PILED FOR RECORD KA E COUNTY, ILL. Elgin Twp Kane Co 95K027787 .95MAY23 PH 2: 00 Aurora-Elgin R/W • WO None Pcl 48 �7. .� RECORDER PIN 06-17-100-024 NORTHERN ILLINOIS GAS GRANT OF EASEMENT THIS INDENTURE, made and entered into this IIO day of 41 , 1995, 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 City of Elgin, 150 Dexter Court , an Illinois municipal corporation, (hereinafter sometimes referred to as "Grantee"): WITNESSETH: WHEREAS, Grantee has requested Grantor to grant unto it a non-exclusive perpetual public easement to install, construct, reconstruct, operate, maintain, alter, repair, replace and remove a public roadway designated as Marshfield Drive and underground utilities (together 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 public 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 public easement to install, construct, reconstruct, operate, maintain, alter, repair, remove and replace said public roadway and utilities in, under, upon, through and across: That part of the North Half of Section 17, Township 41 North, Range 8 East of the Third — Principal Meridian described as follows: Commencing at the intersection of the Westerly line of Lot 1 of the Northwest Quarter of said Section 17, according to the Assessor's Map of 1870, also being the Westerly line of land conveyed to Northern Illinois Gas Company by Deed dated November 19, 1965 as Document No. 1060432, with the center line of Highway (U.S. Route 20); thence Southeasterly along said center line of Highway (U.S. Route 20) a distance of 230.0 —•3 feet; thence North 0 degrees 51 minutes 34 seconds East, a distance of 329.94 feet to the al Easterly line of said land conveyed to Northern Illinois Gas Company; thence North 29 degrees 47 minutes 57 seconds East along said Easterly line of land conveyed to Northern Illinois Gas Company, a distance of 1079.68 feet for a place of beginning; thence North 60 degrees 12 / /S/.a gs 277a7' �G� �2� • - 2 - minutes 03 seconds West, a distance of 21.34 feet to a point of curvature; thence Northwesterly along a curve concave to the Northeast and having a radius of 230.00 feet, an arc length of 44.95 feet to the Westerly line of said land conveyed to Northern Illinois Gas Company; thence North 29 degrees 47 minutes 57 seconds East along said Westerly line of land conveyed to Northern Illinois Gas Company, a distance of 61.59 feet; thence Southeasterly along a curve concave to the Northeast having a radius of 170.00 feet and a chord bearing of 52 degrees 35 minutes 08 seconds East, an arc distance of 45.19 feet to a point of tangency; thence South 60 degrees 12 minutes 03 seconds East, a distance of 21.34 feet to said Easterly line of land conveyed to Northern Illinois Gas Company; thence South 29 degrees 47 minutes 57 seconds West along said Easterly of land conveyed to Northern Illinois Gas Company, a distance of 60.00 feet to said place of beginning, containing 0.091 acres, more or less. The easement for said Facility herein granted by Grantor to Grantee is granted in perpetuity for public roadway and utility purposes and for all manner of travel over and upon the easement premises and upon the following additional 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 sole judgement unreasonably 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. Upon receipt of such notice and itemization of additional costs, Grantee shall have the option of either (1) notifying Grantor within 30 days of the receipt of such notice that it elects to relocate said Facility, at its sole cost and expense, within a period of 120 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 120 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. 95K027787 - 3 - 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 as 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 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. 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. When excavating under the pipeline, it shall be properly supported (as directed by Grantor's representative) during and after construction. d. Except at the location of Marshfield Drive and except at the location of any approved temporary heavy equipment crossing(s), Grantee will erect at its sole cost and risk, a temporary fence along that portion of the East line of Grantor's property and along that portion of the West line of Grantor's property situated adjacent to Randall Ridge Unit 4. This fence will be of a size and type acceptable to Grantor's representative. The fence will be installed prior to any work being performed on Grantor's property and will remain in place until the removal of said fence is approved by Grantor's representative. e. If there are large rocks or other unsuitable material in the backfill, the pipeline 95.K027787 • • , - 4 - 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. Any approved Facility installed above Grantor's existing pipelines, will maintain a minimum vertical separation of two feet. Any approved Facility installed below Grantor's existing pipelines will maintain vertical separation of two feet. g. There shall be NO boring across Grantor's pipeline without prior approval of Grantor's representative and NO materials shall be stored or stockpiled on NI- Gas' property. ' h. The pipeline or pipelines MUST be protected from heavy equipment crossing by the installation of temporary pad protection, as per NI-Gas specification #7260- 308, the width and location of said pad to be determined by Grantor's representative; temporary timber protection pad must be installed under Marshfield Drive, said permanent protection pad will be installed across the full 60 foot width of Marshfield Drive, the details for said pad are shown on NI-Gas specification #TS30.104.128. i. Prior to the start of construction, 48 hours notice shall be given tot he appropriate Transmission Department: Northern Illinois Gas Company Area Manager North Zone Transmission 750 North Elmhurst Road Elk Grove Village, Illinois 60007 Phone: 708/439-2664 THIS SPEC, INCLUDING ALL ITEMS "a." THRU "j.", IS 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 the rock and debris, and shall replace all back-filling material in a neat and workman like 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 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 95K027787 • • • • - 5 - and causes of action whatsoever (including any reasonably 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. 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, 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 7. 8. Grantee agrees before the commencement of any work on Grantor's property hereunder that Grantee shall require any 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 $2,000,000 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$1,000,000) 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 95K027787 • • - 6 - 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 delivered to Grantor in care of the Real Estate Department, P.O. Box 190, Aurora, Illinois, 60507. 9. 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 herein shall cease and terminate without the necessity of any notice to Grantee, by Grantor, in the event of non-use by Grantee. 10. In the event Grantee, its successors or assigns, shall fail to fulfill and discharge any of its obligations herein, 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 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. 11. 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 or induced AC current caused by the presence of said Facility in, under, upon, through and across the premises. 12. 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: General Supervisor Real Estate 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. 13. 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. 14. This indenture shall inure to the benefit of and be bindingupon respective the successors and assigns of the parties hereto. 6 95K02778.7 • • - 7 - 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: , NORTH LIN G MPA B 41/74' (1, ' (4$ -- By Assistant Secretary Vice resident ATTEST: CITY OF ELGIN By By 25 4_ Title: City Clerk Title: Mayor This Document Prepared B : P Y V.X. Mednansk y P.O. Box 190 Aurora, IL 60507 (Version 1.2) 1:\wpdata\vxm\elgngre.wpd 95K027787 STATE OF ILLINOIS ) ) SS COUNTY OF DU PAGE ) I, \) < <T o it X . M a H A p4 s K y , a Notary Public in and for said County, in the State aforesaid, do hereby certify that v+4 g t•-%C T~ r;°a , Vice President of NORTHERN ILLINOIS GAS COMPANY, an Illinois corporation, and ' H D a , 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 «' day of (1 Q`l , A.D., 19 . Notary Publ My Commission Expires: " OFFICIAL SEAL " VICTOR X. MEDNANSKY NOTARY PUBLIC. STATE OF ILLINOIS MY COMMISSION EXPIRES 6/11/96 g5Ko27 ? 8 71 - f ILED FOR RECORD KANE COUN1Y, ILL. 95K027787 95 MAY 23 PM 2: 00 y , „,. fiECORDER )