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HomeMy WebLinkAboutRESOLUTION - 32-98 - 7/14/1998 - GRANT OF EASEMENT/EMERG WATER CONNECT.RESOLUTION NO. 32-98 A RESOLUTION APPROVING A GRANT OF EASEMENT BETWEEN THE VILLAGES OF ARLINGTON HEIGHTS AND ELK GROVE VILLAGE ILLINOIS AND NORTHERN ILLINOIS GAS COMPANY (NICOR) FOR EMERGENCY WATER CONNECTION ON PROPERTY T14AT P RAT G TUP. NORTHW ST TOLLWAY NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois: Section 1: That the Village of Elk Grove Village does hereby accept the attached document marked: GRANT OF EASEMENT BY NICOR GAS a copy of which is attached hereto and made a part hereof as if fully set forth. Section 2: That the Village Clerk is hereby directed to record a certified copy of this Resolution with the Recorder of Deeds of Cook County, Illinois. Section 3: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 4 NAYS: 0 ABSENT: 2 PASSED this 14th day of July 1998. APPROVED this 14th day of July 1998. Craig B. Johnson Village President ATTEST: Patricia S. Smith Village Clerk gjreso603a.doc By: Ann I. Walsh Deputy Village Clerk Section 22, T41N, RUE, 3PM Elk Grove Twp, Cook County, IL Dubuque Transmission R/W Parcel(s): 7-26 & 7-28 File H PIN(s): 08-22-101-007 & 08-22-102-021 GRANT OF EASEMENT BY NICOR GAS THIS INDENTURE, made and entered into this day of , 1998, 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 VILLAGE OF ARLINGTON HEIGHTS, 33 SOUTH ARLINGTON HEIGHTS ROAD, ARLINGTON HEIGHTS, ILLINOIS, 60005, an Illinois municipal corporation, and the VILLAGE OF ELK GROVE VILLAGE, 901 WELLINGTON AVENUE, ELK GROVE VILLAGE, ILLINOIS, 60007, an Illinois municipal corporation (hereinafter sometimes referred to individually and collectively 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, sixteen inch diameter water supply connection in a thirty-six inch diameter casing (hereinafter sometimes referred to individually and collectively as "Facility") in, under, upon and across certain real property owned by Grantor in Cook County, Illinois (hereinafter more fully described). 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 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 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: Refer EXHIBIT "A" for a legal description and a depiction of said easement premises, said EXHIBIT "A" being 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 premises. In the event that Grantor shall hereafter decide to alter or relocate its present facilities at this location or -1- shall decide to Grantee construct additional facilities Grantor pursuant to this Easement Agree at this ! shall deliver toovation, and in the event Will interfere Grantee a wrtten notice des me Here with such with such any °f the Facility const be incurred by Grantor Proposed use. g such Proposed use of the nic[ed by such notice Grantor alters This notice shall be Proposed use Premises of Gr and ire rs its acComPanied b and stating that said Grantor days Of the re mization of additional cops°pOS� use to avoid Y an itemized list of anFacility 60 Cher of such Grantee s vid interference with said F Y l Gran days to another 1 notice that it elects Lo hat] have the o Facility U additional costs t Grantor with' ocahon °n the rO relocate said Facili ption of either Pon receipt incurred b in ten days of the receipt t perry of G tY, at its sole cost a) nohfYm Pt of Y Grantor, P of such Grantor mutual]eed and expense,g Grantor with to relocate said Facili shown b notice that it electstoupon so the within a Lime tY Grantee Y the itemization of cost sub Pay Gr Parties hereto Period O and in no event tater [ shall mitred b Grantor for all addition or, (2) notifying Grantor for the batt 60 da r Promptly take all steps necessary Y Grantor. In al costs to be additional costs to be Ys from the date of rY tO co the event Grantee request, such mPlete such relocationshall elect to incurred by Grantor, this nonce' In the nt Gr within a amount shall be Pard t antee shall elect rib nable Plans 2. Prior to undertaking Grantor to re' urse 1 and specifications installation of said within 60 Facility and rtaking the i days of Grantees as to the location and Facility, tee shall receipt of such plans a d specificationobtain s sub tt by piO al and co manner of insta[]a Provide Gr with specificatio or s writteno the method Grantor or after ' and notify Gr mitted consent to such and co detailed installation or antee of its Y Grantee, Grantor shall 1 construction of said installation shall be su any additional ahaPProval or its objectio P and Of U hments, ns thereto. An romptlY review such - Pon approval has been obtained. d to Grantor for its equipment or appurtenant Y prop°Sed ch Plans and In no event shall the writtenitten pproval anges in said plans before 3. Ex aPProvalnd no Work regnb d for said Facility after shalt emntee rmed cY, all construc for to cone mainten operation °f Grantor be unreasonably until written G on thepremisesruction ante, Y wit Of ork all be perfo tion, ' ssucation, mamten Inspection Of said Facility, and any such Y contacting given thereof b proposed K shall be performed h t' anCe pair time as shall have been and removal work except in an g Grantor at , e given Grantor 1. at least s Shat forty-eight e b n approved in advanceto by performed by to such re All such work shall rs Prior to the Y Grantor. Notice presentative. or all be Perfo Proposed commencement the safe antor may, rived in the presence In the °f its facilities in the Yat its Option of a representative event it elects to area of P > n, Perform any protectiv of Gr in work prior to Perfo Grantees w k w Grantor Manner satisfacto be completed b rG s proposed lime for co rancor ShallI make a or it m Y requesthGrantteeeto� necessary to insurery commence Y Grantor prior to tninenceirient eas°nable effo Perform such such meat of such work Grantees pro Os of its work, but in rt to complete P ed ti work. protective works incl such ti me for CO the event such complete any n h Protective hall be bo me as Grantor has Completed ofwork work any dame 4 Gra to shall reirne by GGraiittor coitipleted any such prolective workshrhePostpone exp nse o e all t ge or in'u mburse Operation, inainten Grantor or to for any costs or e ante, alteration, re anY Property Of Gr xPenses, sustained pair, replacement or antor in the course or incurred in co 5• Grant removal of Grantee's construction, reCp connection with diameter and Grantee shall install said course Facility. = nstruction, no ti twenty-two inch di Facility across me will there be less n diameter high- r Grantor' Grantor's existing transmission twent - inches -Pressure, Hamra] gasstrasmisProperty, un er Grantor's existin in tr missionPipelines.Y four es of clear rismissio clearance, measure n Pipelines, in such g thirty-six inch d vertically, between Grantemannere' Fact it that at Grantee's Facility and -z_ 6. 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; C. There shall only be one manhole installed on the Premises under provision of this Easement Agreement and that one manhole shall be located at the tie-in point between the Facility and the existing twelve inch diameter water main that was installed on Grantor's property in accordance with an easement granted to Elk Grove Village on August 25, 1981; NO other manholes or junction boxes shall be installed on the Premises without the express written permission of Grantor; 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 only be installed on the Premises with the express permission of, and under the direction of, Grantor's on-site representative; f. NO materials shall be stored or stockpiled on Grantor's premises; g. NO trees, bushes or shrubs shall be planted or nurtured on Grantor's premises; h. NO other utilities are permitted to install facilities or improvements within the Premises without the express written approval of Grantor; 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; - 3 - Prior to the start of construction, 48 hours notice shall be given to the appropriate Transmission Department: Central Transmission Nicor Gas 1111 Cottage (Route 59) Shorewood, Illinois 60436 Phone: 815-725-9481. This specification, including all items "a." thru "j.", is to be put on all final "approved for construction" drawings. 7. Grantee shall secure all necessary permits and approvals from all appropriate governmental agencies for said Facility, and furnish proof of same to Grantor. 8. Grantee shall furnish, upon completion, to Grantor, an engineering drawing accurately showing the installed location of its Facility. 9. 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 9. 10. 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 retrain 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, P.O. Box 190, Aurora, Illinois, 60507. 11. 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. 12. 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. 13. 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. 14. 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 Nicor Gas P.O. Box 190 Aurora, Illinois 60507 - 5 - or to Grantee in care of: and to Grantee in care of Superintendent of Utilities Village of Arlington Heights 33 South Arlington Heights Road Arlington Heights, Illinois 60005 Phone: 847-253-2340 Director of Public Works Village of Elk Grove Village 666 Landmeier Road Elk Grove Village, Illinois 60007 Phone: 847-734-8800 or to such other persons or addresses as the parties may from time to time designate. 15. 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. 16. This indenture shall inure to the benefit of and be binding upon the respective successors 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: Assistant Secretary ATTEST: I]J Title ATTEST: By Ann I. Walsh Title Deputy Village Clerk IM. NICOR GAS Vice President VILLAGE OF ARLINGTON HEIGHTS By Title VILLAGE OF ELK GROVE VILLAGE By Craig B. Johnson Title Village President STATE OF ILLINOIS ) ) SS COUNTY OF DU PAGE ) 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, 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 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., 1998. My Commission Expires: This document prepared by: Real Estate Department Nicor Gas P.O. Box 190 Aurora, IL 60507 Notary Public Property Address: South side of I-90 (Northwest Toll Road) approximately 1,250 feet east of northerly extension of Bond Street as measured along the south line of said I-90, Cook County, IL 11 pOiO. �04 O P.+J• N Nicor Gas' G Property -oiz 9 odAf��o� �ClJ 'IT -9 Jo 60 6/ 4 iExisting 12 -inch diameter water main i situated in ten -foot wide easement granted to Elk Grove Village on August 25, 1981 -/79 .. Jr 400 re.,_ l (0 2 /� LEE STREET T iwn n 63 0) NORTH EXHIBIT A (SHEET 1 OF 2) June 9, 1998 --------------------- PART OF NW/4 SECTION 22 TOWNSHIP 41 NORTH - RANGE 11 EAST ELK GROVE TOWNSHIP COOK COUN'T'Y, ILLINOIS EXHIBIT A (SHEET 2 OF 2) June 9, 1998 LEGAL DESCRIPTION A ten foot wide strip of land lying five feet in width on either side of the center of a sixteen inch diameter water supply connection pipe as said pipe extends in a general northeast to southwest direction across Grantor's Dubuque Transmission property, said Transmission property lies southwesterly of and adjacent to the southwest line of the right-of-way for the Northwest Toll Road (I-90) as said Toll Road right-of-way extends in a general northwest to southeast across the Northwest Quarter of Section 22, Township 41 North, Range 11 East of the Third Principal Meridian in Elk Grove Township, Cook County, Illinois, all as shown in hatch marks and printed label on print titled EXHIBIT A (SHEET 1 OF 2).