05-68 Recorded Resolution No. 05-68
RESOLUTION
AUTHORIZING EXECUTION AND ACCEPTANCE OF A GRANT OF EASEMENT
FOR WATER MAIN AND SANITARY TRUNK SEWER SERVICES FROM
NICOR GAS COMPANY
(Traditions at Fitchie Creek)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Ed Schock,Mayor, and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to
accept and execute a grant of easement for water main and sanitary trunk sewer services from Nicor
Gas Company for the property legally described 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 grant of easement to be recorded in the office of the Recorder of Deeds of Kane County,Illinois.
s/Ed Schock
Ed Schock, Mayor
Presented: March 9, 2005
Adopted: March 9, 2005
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
•
KZ)51-021 903
Section 29 –T41 N – RO8E – 3rd PM SANDY WEGNAN
RECORDER
Elgin Twp - Kane County - Illinois KANE COUNTY, IL
RECORDED ON
Aurora – Elgin Transmission R/W 03/28/2005 03:03PM
Parcel 42 File # REC FEE: 31.00
PAGES: 10
PIN: 06-29-100-003 (part)
GRANT OF EASEMENT BY NICOR GAS
TRADITIONS AT FITCHIE CREEK
WATER MAIN AND SANITARY TRUNK SEWER
it �
THIS INDENTURE, made and entered into this � $ — day of IV' Are I
2005, 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 COMPANY (hereinafter sometimes referred to as "Grantor") and the CITY
OF ELGIN, 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 twelve (12) inch diameter water main and one buried thirty-six (36) inch
diameter sanitary trunk sewer (hereinafter sometimes individually or collectively referred to
as "Facility") in, under and across certain real property owned by Grantor in Kane County,
Illinois.
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 public 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 (hereinafter referred to as
"Easement Premises") :
.V After recording return to:
Elgin City Clerk
\ 150 Dexter Court C`zy Or' ���`� Get 4 ''�5■
') Elgin, IL 60120
1
All that part of that 66 foot wide parcel of land (being a part of Grantor's 66-foot wide
Aurora-Elgin Transmission right-of-way and property) originally acquired by Northern
Illinois Gas Company from John Reber and Lydia Reber (both, duly appointed Executors
of the Estate of Charles Reber), by Executors' Deed dated October 30, 1965 (said deed
being recorded in Kane County as Document 1060370) that is situated in the South 50 feet
in equal width of the Southeast Quarter of the Southwest Quarter of Section 29, Township
41 North, Range 08 East of the Third Principal Meridian, Elgin Township, Kane County,
Illinois. The location of Grantee's Facility within the Easement Premises is more
particularly depicted 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 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 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 twenty-one (21) 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 twenty-one (21) 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, 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
2
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•
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 or within the
Easement 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 Easement Premises.
c. NO manholes or junction boxes shall be installed on the Easement
Premises; NO materials shall be stored or stockpiled on Grantor's
premises; and NO trees, bushes or shrubs shall be planted or nurtured on
3
•
Grantor's premises or on the Easement 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
Easement 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 in his reasonable judgment.
e. Bore-pits used in connection with the installation of the Facility shall not be
installed on the Easement 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 Easement 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.
i. 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.
6. Prior to the installation of the Facility, Grantee shall secure all necessary permits and
approvals from all appropriate governmental agencies for said Facility, and furnish proof of
same to Grantor.
7. Grantee shall furnish, upon completion, to Grantor, an engineering drawing accurately
showing the installed location of its Facility.
4
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, 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 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 8.
5 Ic
•
9. Grantee agrees before the commencement of any work on Grantor's property
hereunder that Grantee shall 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.
10. 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.
11. 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.
12. 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.
13. 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:
Manager Real Estate
Real Estate Department
Nicor Gas
1844 Ferry Road
Naperville, Illinois 60563
6
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.
14. 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.
15. 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.
16. 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.
17. This indenture shall inure to the benefit of and be binding upon the respective
successors of the parties hereto.
18. The terms of the Grant of Easement shall be severable. In the event any of the terms
or provisions of this grant are deemed to be void or otherwise unenforceable for any
reason, the remainder of this Grant of Easement shall remain in full force and effect.
[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:
By By cW. �'J
Vi e President ssistart<t Secretary
CITY OF ELGIN: ATTEST:
By By1Z.�,c �
Title Title
This document prepared by: Real Estate Department
Nicor Gas
P.O. Box 190
Aurora, IL 60507
Property Address: Vacant land - South of Bowes Road
SE/4 SW/4 Section 29,
Elgin Twp, Kane Co, IL
8
STATE OF ILLINOIS )
) SS
COUNTY OF Du Pet ira )
I, Ace_ JoL, 1 o., , a Notary Public in and for said County, in the
State aforesaid, do hereby certify that G e,Or (L cs re P S , Vice President
of NORTHERN ILLINOIS GAS COMPANY, an Illinois corporation, doing business as
NICOR GAS COMPANY, andcc 1trr1 Haywood , 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. /y�
Given under my hand and notarial seal this day of �//l��2GL-- , A.D., 2005.
Notary Pu is My Commission Expires:
"OFFICIAL SEAL"
Alice Johnson
Notary Public,State of Illinois
My Commission Exp.08/16/2008
9
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;I" City of Elgin Agenda Item No.
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February 18, 2005 G tttt i :, [ 1�
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N rtttt �,A 0 a
TO Mayor and Members of the City Council t ' .
FINANCIALLY STABLE CITY GOVERNMENT
EFFICIENT SENVICES,
ANL DUALITY INFRASTRUCTURE
FROM: Olufemi Folarin, Acting City Manager
John M. Loete, Public Works Director
SUBJECT: Easement Agreements for Public Utilities with Nicor Gas:
Traditions at Fitchie Creek
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider the acceptance of an easement agreement with Nicor Gas to allow the
construction of a public water main and a public sanitary trunk sewer (utilities) for Traditions at
Fitchie Creek Subdivision by Burnside Homes.
''' RECOMMENDATION
It is recommended that the City Council accepts these easements and authorize the Mayor to
execute and record the documents on behalf of the City.
BACKGROUND
The proposed residential development by Burnside Homes, Traditions at Fitchie Creek was
approved by the City of Elgin on December 1, 2004. The subdivision is located east of Nolan
Road and south of Bowes Road, immediately north of Commonwealth Edison easement. In
order to provide adequate public infrastructure to serve this and other developments to the west,
it is necessary to cross a Nicor Gas right of way that runs north and south through the
development with water main and sanitary sewer.
Burnside Homes has negotiated the necessary easement to cross the Nicor Gas right of way on
behalf of the City of Elgin. The necessary easement is a 50 foot wide strip of land which will
incorporate a 12"diameter public water main and a 36"diameter trunk sanitary sewer.
Attached as Exhibit A is a general location map. Attached as Exhibit B is a copy of easement
agreement with specific location map.
Nicor Gas Agreement at Traditions at Fitchie Creek
February 18, 2005
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
The cost of recording the easement is approximately $50, which will be paid upfront by the City
via the Engineering Division's General Fund account number 010-3311-752.32-05, "Legal
Recording Fees" where there is $500 budgeted and available. The Engineering Division will be
reimbursed by the developer for this cost.
EGAL IMPACT
None.
ALTERNATIVES
1. The City Council may accept the easement agreements as presented.
2. The City Council may reject the easement agreement. This action will disrupt the
4111)
installation of the public improvements to serve this development and also developments
to the west; namely Bowes Creek Country Club and Stonebrook.
Respectfully submitted for Council consideration.
(do)
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EXHIBIT B
NICOR Easement Agreement
Section 29—T41 N —RO8E—3rd PM
Elgin Twp - Kane County - Illinois
Aurora— Elgin Transmission R/W
Parcel 42 File #
PIN: 06-29-100-003 (part)
GRANT OF EASEMENT BY NICOR GAS
TRADITIONS AT FITCHIE CREEK
WATER MAIN AND SANITARY TRUNK SEWER
THIS INDENTURE, made and entered into this day of
2005, 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 COMPANY (hereinafter sometimes referred to as "Grantor") and the CITY
OF ELGIN, 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,twelve (12) inch diameter water main and one, buried thirty-six (36) inch
diameter sanitary trunk sewer(hereinafter sometimes individually or collectively referred to
as "Facility") in, under 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:
r
1
All that part of that 66 foot wide parcel of land (being a part of Grantor's 66-foot wide
Aurora-Elgin Transmission right-of-way and property)originally acquired by Grantor from
John Reber and Lydia Reber(both, duly appointed Executors of the Estate of Charles
Reber), by Executors' Deed dated October 30, 1965 (Grantor's acquisition deed being
recorded in Kane County as Document 1060370)that is situated in the South 50 feet in
equal width of the Southeast Quarter of the Southwest Quarter of Section 29, Township 41
North, Range 08 East of the Third Principal Meridian, Elgin Township, Kane County,
Illinois; the location of Grantee's Facility within the Easement Premises is more particularly
depicted 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 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 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
4.11)
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. 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, 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
2
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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 or within the
Easement 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 Easement Premises.
c. NO manholes or junction boxes shall be installed on the Easement
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 or on the Easement Premises.
3
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
Easement 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 Easement 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 Easement 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.
i. 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.
6. Prior to the installation of the Facility, Grantee shall secure all necessary permits and
approvals from all appropriate governmental agencies for said Facility, and furnish proof of
same to Grantor.
7. Grantee shall furnish, upon completion, to Grantor, an engineering drawing accurately
showing the installed location of its Facility.
4111)
4
•
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, 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 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 8.
r
5
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 $2,000,000 for each occurrence with
respect to bodily injury or death and property damage. In addition, workers' compensation
(with statutory limits) and employers 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.
10. 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.
11. 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.
12. 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.
13. 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:
Manager Real Estate
Real Estate Department
Nicor Gas
1844 Ferry Road
Naperville, Illinois 60563
6
1 1
or to Grantee in care of: City Engineer
e''''' 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.
14. 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.
15. 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.
16. Prior to any digging on the subject property, including easement area, the Grantee
shall call JULIE, 1-800-892-0123, fora location of facilities on the property.
rik
17. This indenture shall inure to the benefit of and be binding upon the respective
successors of the parties hereto.
[SIGNATURES ON NEXT PAGE]
7
I
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:
By By
Vice President Assistant Secretary
CITY OF ELGIN: ATTEST:
By By
Title Title
This document prepared by: Real Estate Department
Nicor Gas
P.O. Box 190
Aurora, IL 60507
Property Address: Vacant land - South of Bowes Road
SE/4 SW/4 Section 29,
Elgin Twp, Kane Co, IL
8
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:
By By
Vice President Assistant Secretary
CITY OF ELGIN: ATTEST:
By a -.,/ By
Title Pit Title
This document prepared by: Real Estate Department
Nicor Gas
P.O. Box 190
Aurora, IL 60507
Property Address: Vacant land - South of Bowes Road
SE/4 SW/4 Section 29,
Elgin Twp, Kane Co, IL
8
•
. ,
r
STATE OF ILLINOIS )
) SS
COUNTY OF )
1. , 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, doing business as
NICOR GAS COMPANY, 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
rk 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 , A.D., 2005.
Notary Public My Commission Expires:
9
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