HomeMy WebLinkAbout98-42 Recorded Resolution No. 98-42
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT
FOR A DRAINAGE CHANNEL
(Northern Illinois Gas Company)
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 the construction and maintenance
of a concrete lined drainage channel over the property legally
described on the Grant of Easement, a copy of which is attached
hereto and made a part hereof.
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: February 11, 1998
Adopted: February 11 , 1998
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
-1 F=ILFD FOR P_-``,-,RD
Sec 5 I T 41 N R 8 E 3 PM
Elgin Twp Kane Co 9 8 K O 2 9 t 4 4 q AN 13 AN 9: 3 0
Dubuque Transmission R/W
WO None Pct 50 RECOR1 ER
PIN 06-05-400-002
NORTHERN ILLINOIS GAS
G( bFy
F EASEMENT
THIS INDENTURE, made and entered into this 11 day of N.licUL , 199 , 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 easement to install,
construct, reconstruct, operate, maintain, alter, repair, replace and remove a concrete lined drainage channel (hereinafter
referred to as "Facility") in, under, upon and across certain real property owned by Grantor in Kane County, Illinois
(hereinafter referred to as the "Easement Premises").
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
7 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
V) successors and assigns, a non-exclusive perpetual easement to install, construct, reconstruct, operate, maintain, alter,
repair, remove and replace said Facility in, under, upon, through and across the following described Easement Premises:
Vi A 30.00 foot wide parcel of land situated in the North Half of the Southeast Quarter of Fractional Section
5, Township 41 North, Range 8 East of the Third Principal Meridian, Elgin Township, Kane County,
Illinois, said 30.00 foot wide parcel of land, lying 15.00 feet to the east and 15.00 feet to the west of the
centerline of a concrete lined drainage channel, extends north to south across the third of three parcels
of land acquired by Northern Illinois Gas Company by Warranty Deed dated April 8, 1966 and recorded
in Deed Book 2342 at Page 177, the center of said 30.00 foot wide parcel of land intersects the north line
of said third of three parcels of land described in Deed Book 2342 at Page 177 at a point 1,305.00 feet
west of the east line of said North Half of the Southeast Quarter of Fractional Section 5 as measured
along said north line of the third of three parcels of land described in Deed Book 2342 at Page 177; all
as shown in HATCH MARKS AND PRINTED LABEL ON EXHIBIT A (dated 06-20-97) attached
hereto and made a part hereof.
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The easement for said Facility herein granted by Grantor to Grantee is granted in perpetuity solely for drainage
purposes over and across 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 Easement
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.
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.
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98K029444
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 IS TO BE PERFORMED ON THE EASEMENT PREMISES WITHOUT
GRANTOR'S REPRESENTATIVE BEING PRESENT.
b. There shall be no blasting in connection with excavation near pipeline(s) without
Grantor's prior written approval.
c. All digging within 10 feet of pipeline(s) shall be performed by hand, until pipeline(s)
have been exposed. Afterwards, all digging within 5 feet of pipeline(s) shall be
performed by hand, or as directed by Grantor's on-site representative. When excavating
under the pipeline(s), the pipeline(s) shall be properly supported (as directed by
Grantor's on-site representative) during and after construction.
d. THE CONCRETE LINED DRAINAGE CHANNEL WILL EXTEND IN A GENERAL
NORTH TO SOUTH DIRECTION ACROSS THE FULL 82.50 FOOT WIDE WIDTH
OF THE EASEMENT PREMISES. BASED ON DETAIL INFORMATION
PROVIDED BY GRANTEE, THE CONCRETE LINED DRAINAGE CHANNEL
WILL NEED TO BE AT LEAST 85 FEET IN LENGTH TO SPAN THE FULL
WIDTH OF THE EASEMENT PREMISES. GRANTEE HEREIN GUARANTEES
THAT SAID DRAINAGE PIPE WILL BE AT LEAST 85 FEET IN LENGTH.
e. If there are large rocks or other unsuitable material in the backfill, the pipeline(s)
coating shall be protected from damage by wrapping the pipeline(s) with suitable
padding or by using sand as initial fill to one foot above the pipeline(s).
f. The Facility, as approved, will be installed above Grantor's existing pipeline(s), and
will maintain a minimum vertical separation of two feet.
g. There shall be NO boring across Grantor's pipeline(s) without prior approval of
Grantor's on-site representative and NO materials shall be stored or stockpiled on the
Easement Premises or on Grantor's adjacent property.
h. Except at the location of said concrete lined drainage channel and except at the location
of any approved temporary heavy equipment crossing(s) and except at any other location
specifically approved by Grantor's on-site representative , Grantee will erect at its sole
cost and risk, a temporary fence, of a size and type approved by Grantor's on-site
representative, along those areas so indicated on aforesaid EXHIBIT A. The fence will
be installed prior to any work being performed on the Easement Premises and will
remain in place until the removal of said fence is approved by Grantor's representative.
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98K0291414
I. Prior to the start of construction, 48 hours notice shall be given tot he appropriate
Transmission Department:
Northern Illinois Gas Company
Central Transmission
1111 Cottage
Shorewood, Illinois 60431
Phone: 815-725-9481
j. Natural drainage of the Easement Premises shall not be impaired. Upon completion of
said work, Grantee shall remove from the Easement 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 Easement 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.
THIS SPEC, INCLUDING ALL ITEMS "a." THRU "j.", IS TO BE PUT ON ALL
FINAL "APPROVED FOR CONSTRUCTION" DRAWINGS.
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 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"
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98K429t; 44
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 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 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
S
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98K029444
•
•
or to such other persons or addresses as the parties may from time to time designate.
12. 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.
13. 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 ILLINOIS GAS COMPANY
f r)
By - L
Assistant;Secretary Vice President
ATTEST: CITY OF ELGIN
By i/&X .2.. L Ai t /L int, By
Title: City Clerk Title: Mayor
This Document Prepared By:
Northern Illinois Gas Company
Real Estate Department
P.O. Box 190
Aurora, IL 60507
Property Location:
Vacant Land
N/2 SE/4 of Fractional Sec 5
T 41 N, R 8 E, 3PM
Elgin Twp, Kane Co, IL
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3 029444
STATE OF ILLINOIS )
) SS
COUNTY OF DU PAGE )
I, ItOB h Me/6.0k , a Notary Public in and for said County, in the State aforesaid, do
hereby certify that gr t C . i u t ott , Vice President of NORTHERN ILLINOIS GAS
COMPANY, an Illinois corporation, and R G•sA t, t S. RD 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.
Given under my hand and notarial seal this day of 61►(A r C L , A.D., 19_.
Notary • b c
My Commission Expires:
"OFFICIAL SEAL"
VICTOR X. MEDNANSKY
NOTARY PUBLIC, STATE OF ILLINOIS ;
MY COMMISSION EXPIRES 0611112000
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Resolution No. 98-42
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT
FOR A DRAINAGE CHANNEL
(Northern Illinois Gas Company)
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 the construction and maintenance
of a concrete lined drainage channel over the property legally
described on the Grant of Easement, a copy of which is attached
hereto and made a part hereof .
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: February 11, 1998
Adopted: February 11, 1998
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
7
98 K a 2 9 14 j,