03-341 Resolution No. 03-341
RESOLUTION
RATIFYING THE EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT
FOR UTILITY PURPOSES FROM NICOR GAS
(Waterford Crossing F-R1)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that it hereby ratifies the execution and acceptance of a
grant of easement for a sanitary interceptor sewer by David M.
Dorgan, City Manager, and Dolonna Mecum, City Clerk, with Nicor Gas
for the property identified on Exhibit A, a copy of which is
attached hereto.
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/ Ed Schock
Ed Schock, Mayor
Presented: December 3, 2003
Adopted: December 3, 2003
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: December 4, 2003
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
2031-(216233
SANDY WEGNAN
•
RECORDER
Section 20 - T41N - RO8E - 3rd PM KANE COUNTY, IL
RECORDED ON
Section 29 - T41N - RO8E - 3rd PM 12/17/2003 12:10PN
Elgin Twp - Kane County - IL REC FEE: 31.00
PAGES: 10
Aurora - Elgin Transmission R/W
Parcels 43 & 44 File #
PIN: 06-20-100-009 (part)
PIN: 06-29-100-003 (part)
GRANT OF EASEMENT BY NICOR GAS
FOR WATERFORD CROSSING F - RI
(SANITARY INTERCEPTOR SEWER)
THIS INDENTURE, made and entered into this 0 ' day of N 4 n" e/
2003, by and between NORTHERN ILLINOIS GAS COMPANY, a corporation organized and
existing under and by virtue of the laws of the State of Illinois, doing business as NICOR GAS
(hereinafter sometimes referred to as "Grantor") and the CITY OF ELGIN, 60120, 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
for a right-of-way for the express purpose of the construction, reconstruction, operation,
maintenance, alteration, repair, replacement and removal, from time to time, of one, buried,
forty-eight (48) inch diameter sanitary interceptor sewer (hereinafter sometimes referred to as
"Facility") in, under, upon and across certain real property owned by Grantor in Kane County,
Illinois (hereinafter referred to as "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 the sum of ten and no/100 ($10.00) dollars and other
good and valuable considerations, 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 easement to install, construct, reconstruct, operate, maintain, alter, repair, replace and
remove said Facility in, under, upon, through and across the following described parcel of land:
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A rectangular shaped (50 foot by 66 foot) parcel of land more particularly described as follows:
First) The South 35 feet in equal width of the East 66 feet of the West Half of the Southwest
Quarter of Section 20, Township 41 North, Range 08 East of the Third Principal Meridian, Elgin
Township, Kane County, Illinois, encompassing a portion of Grantor's 66 foot wide property that
was originally acquired by Grantor from The Northern Trust Company, as Trustee, under
provisions of Trust Agreement dated 04-15-1947 and known as Trust # 18540 by deed dated 09-
24-1965 (Grantor's acquisition deed being recorded in Kane County as Document 1057228); and
Second) The North 15 feet in equal width of the East 66 feet of the West Half of the Northwest
Quarter of Section 29, Township 41 North, Range 08 East of the Third Principal Meridian, Elgin
Township, Kane County, Illinois, encompassing a portion of Grantor's 66 foot wide property that
was originally acquired by Grantor from Albert N. and Mary Fern Ludwig by deed dated 10-13-
1964 (Grantor's acquisition deed being recorded in Kane County as Document 1057228); said
rectangular shaped (50 foot by 66 foot) parcel of land is more particularly identified by hatch
marks and printed label on 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 and its successors,
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 judgment 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 Easement
Premises, 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
fourteen (14) days of the receipt of such notice that it elects to relocate said Facility, at its sole
cost and expense, within a period of ninety (90) days to another location on the property of
Grantor mutually agreed upon by the parties hereto; or, (2) notifying Grantor within fourteen (14)
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 ninety (90) days
from the date of such notice; provided, however, that all approvals required by Grantor as
provided herein shall be provided to Grantee in a reasonably timely manner. 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 sixty (60) days of request.
2. Prior to undertaking the installation of said Facility, Grantee shall: (i) submit to Grantor
detailed plans and specifications showing the nature and location of the proposed Facility; (ii)
provide Grantor with detailed drawings showing the proposed method of installation of the
Facility; and (iii) provide Grantor with detailed staging plans, including, but not limited to,
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information regarding storage of material, marshaling of equipment and crew, and the time line
for the installation of the Facility, all for Grantor's approval and all of which Grantor may require
Grantee to modify or revise in order to address Grantor's reasonable safety concerns and
engineering criteria. So long as such plans and specifications meet Grantor's reasonable approval
such approval shall not be unreasonably withheld or delayed. 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.
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 to Grantor at
least seventy-two (72) hours prior to the proposed commencement thereof by contacting Grantor
at 815-725-9481, ext. 228.
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. Except as otherwise provided in Section 3., and unless otherwise
agreed by Grantor, NO work is to be done on Grantor's premises
without Grantor's representative being present, for which Grantee
agrees to reimburse the reasonable cost of such Grantor's
representative.
b. There shall be NO blasting on the Premises.
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c. NO manholes or junction boxes shall be installed on the Premises;
NO materials shall be stored or stockpiled on Grantor's premises;
and NO trees, bushes or shrubs shall be planted or nurtured on
Grantor's premises.
d. NO large rocks or unsuitable material will be allowed in the
backfill; all such large rocks and unsuitable material will be
removed from the Premises and from Grantor's premises and
properly relocated or disposed of by Grantee; the determination of
what is a "large rock" or what is "unsuitable material" shall be
made solely by Grantor's on-site representative.
e. Bore-pits used in connection with the installation of the Facility
shall not be installed on the Premises without the express
permission of Grantor's on-site representative, who shall have full
authority to deny any proposal to install any such bore-pits on the
premises.
f. NO other utilities or entities are permitted to install facilities or
improvements within the Premises.
g. 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.
h. Grantee shall contact Grantor's Transmission Department,
Shorewood, Illinois, by phoning Grantor at 815-725-9481, ext.
228, at least 72 hours in advance of Grantor's estimated start of
construction on Grantor's Premises in order to discuss construction
procedures and to arrange for on-site inspection services by
Grantor's representative.
Grantee's Facility will be installed under Grantor's existing thirty
(30) inch diameter high-pressure natural gas transmission pipeline
with a minimum of two (2) feet of vertical clearance between the
top of Grantee's proposed Facility and the bottom of Grantor's
existing transmission pipeline.
This specification, including all items "a." thru "i.", is to be put on all
final "approved for construction" drawings.
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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 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.
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).
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The foregoing indemnification, defense and hold harmless obligations shall survive any
termination of his 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 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
$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
$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 delivered to Grantor in care of: Nicor Gas, Real Estate
Department, 1844 Ferry Road, Naperville, Illinois, 60563-9600.
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 thirty (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, 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:
6
Manager Real Estate
Real Estate Department
Nicor Gas
1844 Ferry Road
Naperville, Illinois 60563
or to Grantee in care of: City Engineer
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.
13. Grantee hereby agrees, within thirty (30) days of request therefor, to reimburse Grantor for
any and all local, state or federal taxes that may be assessed against Grantor or the Easement
Premises by reason of improvements made to or placed upon the Easement Premises by Grantee..
14. Grantee hereby agrees it will not knowingly suffer or permit any mechanic's liens or other
lien to attach to the Easement Premises by reason of any improvements or alterations to the
Easement Premises or work done thereon by or upon the order of Grantee and will save Grantor
harmless from any such lien or claim therefor and from any and all costs or expenses (including
without limitation, attorney's fees) incurred in connection with any such lien or claim.
15. Prior to any digging on the subject property, including easement area, the Grantee shall call
JULIE, 1-800-892-0123, for a location of facilities on the property.
16. This indenture shall inure to the benefit of and be binding upon the respective successors of
the parties hereto.
[SIGNATURES ON NEXT PAGE]
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 month, day and year first above written.
NICOR GAS: ATTEST:
, %List, ICIvN-v4 By ,/�..�27/ `z/
Vice President Assistant Secretary
CITY OF ELGIN: ATTEST:
BY By W - /11-Q--(-4.k*--
Title
17Title
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STATE OF ILLINOIS )
) SS
COUNTY OF DU PAGE )
I, U 1 C. Lr- N \c1 A 4 i L , a Notary Public in and for said County, in
the State aforesaid, do hereby certify that Geo r• y e_ r e 1' , Vice
President of NORTHERN ILLINOIS GAS COMPANY, an Illinois corporation, doing business as
NICOR GAS, and I• l a(k k no , 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.
Dik
Given under my hand and notarial seal this —day of R.OJ A113rf , A.D., 2003.
OFFICIAL SEAL
VICTOR X.MEDNANS ' Notary Pubhk
NOTARY PUBLIC-STATE OF ILLINOIS
MY COMMISSION EXPIRES 06/19/2004
My Commission Expires:
This document prepared by: Real Estate Department
Nicor Gas
P.O. Box 190
Aurora, IL 60507
Property Address: Vacant land - South of Williamsburg Green Subdivision,
W/2 SW4 Section 20 & W/2 NW/4 Section 29,
Elgin Twp, Kane Co, IL
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