90-0509 Sanitary District - 1990 - Interplant Sludge Pipeline RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
THE SANITARY DISTRICT OF ELGIN
(Interplant Sludge Pipeline)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Larry L. Rice, City Manager, and Marie Yearman, City Clerk, be and are hereby
authorized and directed to execute an Easement Grant on behalf of the City of Elgin
with the Sanitary District of Elgin for an interplant sludge pipeline, a copy of which is
attached hereto and made a part hereof by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: May 9, 1990
Adopted: May 9 , 1990
Vote: Yeas 6 Nays 0
Recorded:
Attest:
s/ Marie Yearman
Marie Yearman, City Clerk
EASEMENT GRANT
THIS GRANT OF EASEMENT, made this day of L7alV,-- ►
190 , from THE CITY OF ELGIN
hereinafter called the "Grantor(s) " , to the SANITARY DISTRICT OF
ELGIN, a municipal corporation organized and existing under the laws
of the State of Illinois, hereinafter - called the "Sanitary Dis-
trict", Raymond Street and Purify Drive, Elgin, Illinois 60120.
WHEREAS, the Sanitary District is about to construct a force main
and appurtenances thereto, hereinafter termed Interplant Sludge
Pipeline hereinafter called the "Force Main" ; and
WHEREAS, in order to construct the force main, it may be necessary
or desirable for the Sanitary District to obtain a Perpetual Ease-
ment, right, privilege and authority to construct, reconstruct,
repair, maintain and operate a certain part of the force main or
appurtenances connected to the force main, under and through certain
premises hereinafter described; and
hereafter all or any part of the Permanent Easement to the
municipal corporation, hereinafter
called the an o a
municipal corporation, hereinafter called
WHEREAS, the Grantor(s) (is) (are) willing to grant said Perpetual
Easement, right, privilege and authority to the Sanitary District,
or its future assignee, upon the terms and conditions herein set
forth.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) in
hand paid by the Sanitary District to Grantor(s) , the receipt of
which is hereby acknowledged, and the covenants and conditions here-
inafter contained, the Grantor(s) hereby bargain(s) , sell (s) ,
grant(s) , transfer(s) , and convey(s) to the Sanitary District, its
successors and assigns, the Perpetual Easement, right, permission,
and authority to construct, reconstruct, repair, replace, operate,
and maintain the force main or appurtenances connected to the force
main, under and through the real estate described on Exhibit A,
which is attached hereto and made a part hereof.
AND FURTHER IN CONSIDERATION of the grant of the Perpetual Easement,
right, privilege, and authority, herein contained, this Easement
Grant is subject to the following conditions:
FIRST: The force main shall be constructed by the open-cut or jack-
ing and boring method under and through the Permanent Easement, at
the sole expense of the Sanitary District either of ductile iron
pipe or other materials that the District Engineer of the Sanitary
District deems advisable, and in accordance with the specifications
and plans prepared by Donohue & Associates, Inc. , Itasca, Illinois
60143 . Any lateral lines or sub-trunks which may be connected to
the force main, that may be constructed under and through the Perma-
nent Easement, shall not be at the expense of the Sanitary District.
SECOND: The Sanitary District expressly assumes all responsibility
for, and shall save and keep harmless - the Grantor(s) against all
which (it) (they) may suffer, incur or
loss, damage, cost or expens e
sustain, or for which (it) (they) might become liable growing out of
any injury to or death of persons, or loss, or damage to property,
arising out of or caused in the performance of any work done by or
under the authority of Sanitary District by virtue of the .rights
granted herein. In the event of the bringing of any action, suit or
suits against Grantor(s) growing out of any such loss, damage, cost
or expense, Grantor(s) shall give written notice to the Sanitary
District of the commencement of such action, suit or suits, and
thereafter the Sanitary District shall be entitled to assume the
defense thereof. The Sanitary District shall save and keep harmless
the Grantor(s) from any claims for mechanics liens by reason of any
construction work, repairs, replacements, or other work, or for any
improvements made or placed upon or to the Permanent Easement by the
Sanitary District. All provisions of this paragraph are applicable
only as to the work done under contract with and under the express
provisions and authority of the Sanitary District.
THIRD: The rights and obligations of the Grantor(s) and the Sani-
tary District hereunder shall inure to the benefit of and be binding
upon their respective successors and assigns, and all terms, condi-
tions, and covenants herein shall be constructed as covenants run-
ning with the land.
FOURTH: After the force main and appurtenances have been construct-
ed and placed in operation:
(a) The Grantor(s) may use the surface of said real estate, it
being understood, however, that such use shall not in any
manner interfere with or damage the force main or appurte-
nances, and that the Sanitary District shall have the right
of access to said real estate at all times from the nearest
highway or street for the purpose of reconstruction, re-
pair, maintenance or operation of the force main or appur-
tenances.
(b) The Grantor(s) (is) (are) guaranteed ingress and egress at
all times during and after construction.
(c) The Grantor(s) agree (s) that no buildings will be con-
structed over the Permanent Easement.
(d) The Grantor(s) reserve(s) the right to construct a fence or
fences over the Permanent Easement.
(e) The Grantor(s) reserve (s) the right to dedicate all or any
part of the Permanent Easement for street or roadway pur-
poses.
(f) The Grantor(s) agree (s) to give the Grantee a construction
easement as delineated on Exhibit "A" attached hereto and
made a part hereof.
IN WITNESS WHEREOF, the Grantor(s) (has) (have) caused this instru-
ment consisting of 5 pages, including Exhibit A and this page to
be executed the Grantor(s) .
Owner Sanitary Dist ict UT Elgin, President
C�ty of Elgin
ATTEST:
S nitary District of Elgin, Clerk
3
LEGAL DESCRIPTION OF EASEMENT HEREBY GRANTED:
Interplant Slud e BEING
A PERMANENT EASEMENT FOR TOWNSHIP 41 NORTH, RANGE 8,
PART OF THE SOUTH 1/2 OF SECTION 11,
EAST OF THE THIRD PRINCIPAL HEREWITH ANDDIMADE FA PART IOF THIS HDESCRIPTIONi,
EXHIBIT "A" ATTACHED HERE
LYING ON EACH SIDE OF HCORNER�OF NPROPERTYIDEDSCRIBED IN PARCEL ONE
MENCING AT THE NORTHWEST
OF DOCUMENT NUMBER 1628481; THENCE EASTERLY ON THE NORTHERLY LINE
THEREOF, 146.74 FEET, MORE OR LESS, TO A DEGREES 30 MINUTES 22 SECONDS COORDINATES AS SHOWN ON EXHIBIT AND
SIBXHA" _
"All)
CALLS IS STATE PLAN
THE BEGINNING OF THE HEREIN 93SOOIBFDEETINTHENCENSOUTHU21 DEGREESE21
30 MINUTES 22 SECONDS EAST, MORE OR LESS, TO THE EASTERLY
MINUTES 34 SECONDS WEST, 239 . 11 FEET, PA
FiC
RIGHT OF WAY LINE OF THE OF THE HEREINKEDESCRIBEDULINEI, INCRANE
RAILROAD AND THE TERMINUS
COUNTY, ILLINOIS.
TOGETHER WITH A CONSTRUCTION
ONETHEt4ATTACHEDIEXHIBITE"ABOVE
DESCRIBED PERMANENT EASEMENT AS
A __