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HomeMy WebLinkAboutORDINANCE - 755 - 7/6/1971 - PERPETUAL EASEMENT/MSDORDINANCE NOa 755 AN ORDINPNCE GRANTING PERPETUAL EASEMENT TO THF METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO FOR THE PURPOSE OF CONSTRUCTING UPPER SALT CREEK INTERCEPTING SEWERS NO. 10 AND NO.11 NOW, THEREFORE, BE IT ORDAINED, by the President and Board of Trustees of the Village of Elk Grove Village, Illinois, Counties of Cook and DuPage, as follows: Section 1: That subject always to the condition herein stated, insofar as the Village may be able to grant such rights, the perpetual easement, right and authority be and the same is hereby granted and given to THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO (hereinafter referred to as "Sanitary District"), to con- struct, reconstruct, repair, maintain, and operate an Intercepting Sewer, together with appurtenances thereto, hereinafter designated as "Intercepting Sewer" (upper Salt Creek Intercepting Sewers Nos. 10 and 11, Contract Nos. 69-407-25 and 69-408-25) upon, under, and through all the streets, highways, public lands, public rights of way, and public easements of the Village of Elk Grove, (hereinafter referred to as "The Village") within the territorial limits of The Village traversed by the right of way of said "Intercepting Sewer," which right of way within said territorial limits is described as follows, to wit: That part of Meacham Road lying within the Village limits of the Village of Elk Grove in the Northwest 1/4 of Section 25, and also that part of Plum Grove Road lying within the Village limits of the Village of Elk Grove in the Northwest 1/4 and Northeast 1/4 of Section 26, Township 41 North, Range 10 East of the Third Principal Meridian. All being within the limits or the Village of Elk Grove, county of cook, States of Illinois, as shown on the plat marked "Exhibit A," attached hereto and made a part hsreof. Section 2: That the location, size and manner of construction -1- of the Intercepting Sewer shall be in accordance with plans and specifications prepared by the Sanitary District. Section 3: That the rights hereby granted to the Sanitary District are so granted upon the following conditions: (a) That the Village of Elk Grove Village reserves the right to use said easements for such public purposes as may be necessary to the Village's health, welfare and safety. (b) That the Sanitary District shall at its own expense make such changes in the location of the police and fire alarms and street lighting, electric wires, sanitary and storm sewers of The Village as may be rendered necessary by the construction, reconstruction, restoration and maintenance of the Intercepting Sewer of the Sanitary District. (c) That the Intercepting Sewer of the Sanitary District shall be constructed, reconstructed, repaired, and efficiently maintained and operated solely by the Sanitary District at its sole expense and cost; and The Village shall not be held responsible in any manner for the location or manner of construction, restoration, reconstruction, repair, or operation of the same. (d) That the Sanitary District shall indemnify, save, and keep harmless The Village from any and all claims or claims for damage to real and personal property and injuries to or death suffered by persons by reason of the construction, reconstruction, repair, maintenance, or operation by the Sanitary District of the Intercepting Sewer within the corporate limits of The Village. -2- (e) That the Sanitary District shall at its sole cost and ex- pense restore to their former condition of usefulness the payments of all streets, public alleys and highways within the right of way of the Intercepting Sewer which may be disturbed or interfered with by the construction, main- tenance, repair, or operation of the Intercepting Sewer, as well as all walks, crosswalks, curbs, gutters, catch basins, and ditches as soon as practicable, and shall thereafter maintain such restoration from time to time as may be necessary, but not to exceed two (2) years. All surplus excavation and other spoil shall be removed from the paved streets, public alleys, and highways by the Sanitary District. (f) That the Village will order and direct all persons, partnerships, or corporations who shall at the time of the construction of the Intercepting Sewer own, operate, or maintain any conduits, wires, poles, pipes, gas mains, cables, electric, steam, and street railway tracks and equipment or other structures within any portion of the streets, public alleys, and highways to be excavated in the construction of the Intercepting Sewer, at his, its, or their own expense, to make such changes in the location of such conduits, wires, poles, pipes, gas mains and cables, electric, steam and street railway tracks, and equipment or other structures as may be rendered necessary by the construction of the Intercepting Sewer, providing one lane of traffic is kept open at all times to emergency vehicles. -3-- (g) That the Sanitary District and its contractors are hereby given and granted the right to use in the construction of the Intercepting Sewer such motor trucks, excavators, hoisting engines, and other plant and equipment as may be necessary for the complete construction of said work. (h) That the Sanitary District shall at its own expense and cost make such alterations in the location of the water mains of The Village as may be rendered necessary by the construction of the Intercepting Sewer of the Sanitary District. And in all such cases, where it shall become and be necessary that water service pipes be removed, cut off, or damaged in any way on account of the construction of the Intercepting Sewer, the Sanitary District is hereby authorized to remove, alter, repair, and replace such water service pipes at its own cost and expense providing any water service pipes disturbed shall be replaced by the Sanitary District; provided, however, that all work done on said water mains and water service pipes shall be subject to the approval of The Village Engineer. (i) That the Village, in consideration of the passage of this ordinance and the mutual benefits thereby give, grant and issue without fees or cost therefor, to the Sanitary District or to any contractor to whom this work or any part thereof specified in this ordinance shall be awarded, all permits or licenses required Q� for doing said work upon application and shall not require the Sanitary District or its contractors to deposit any sums of money required under any ordinance of the Village for similar work, and shall furnish the Sanitary District or any contractor to whom said work or any part thereof shall be awarded, at any existing water connections or hydrant, or such suitable water connection as may be installed, all water needed in the performance of said work (provided that the water so furnished will not interfere with the necessary water supply for the Village), at the then regular rate charged by the Village to its consumers, all said water to be measured through meters furnished by the Sanitary District or its contractors; and further, shall not require the payment by the Sanitary District of any fees or salaries for inspectors employed by the Village on said work. Section 4: This ordinance shall be in force and effect from and after its passage and approval, and the acceptance of the same by the Sanitary District, which acceptance shall be evidenced by a certified copy of the order, resolution or ordinance of the Board of Trustees of the Metropolitan Sanitary District of Greater Chicago accepting the same filed with the Village of Elk Grove. PASSED this tr, day of =1" 1971. APPROVED this day of 1971. Vote: Ayes Nays Absent � \ APPROVED: 41ag9 �,iesi�dent ATTEST: Village Clerk -5-