HomeMy WebLinkAboutRESOLUTION - 32-79 - 5/8/1979 - NATURAL GAS PIPELINE/EASEMENT AGRMTR230Li.3I..71 ?:0. 32-79
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO SIGN
AN EASEMENT AGREEMENT BETWEEN CENTEX HOMES, INC. AND THE NATURAL GAS
PIPELINE IN ORDER TO CROSS THE PIPELINE RIGHT-OF-WAY
Hr E.�E'OZ., BE IT =-SOLVED by the President and Board of Trustees
Of file Village 0I il'<S CrOVe V7.11a7e, Counties of Cook ani DuPage, State
of Illinois;
Section 1. That the Village President be and is hereby authorized to
sign the attached documents marked Natural Gas Pipeline Co. Easement
Agreement, copies of which are attached hereto and made a part
hereof as if Hilly set forth and the Village Clerk is authorized to
attest said documents upon the signature of the Village President.
Section 2. That this resolution shall be in full force and effect
I
rom and after its passage and ap_roval according to lair.
PASSED this 8th day of May , 1979.
APPROVED this 8th day of May , 1979.
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EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day
of , 197 , by and between NATURAL GAS PIPELINE COMPANY
OF AMERICA, a corporation, with its principal office at 122 South
Michigan Avenue, Chicago, Illinois 60603 (hereinafter referred to as
"Natural"), CENTEX HOMES MIDWEST, INC., with its principal office at
415 South Creekside, Palatine, Illinois 60067 (hereinafter referred
to as "Centex"), and the VILLAGE OF ELK GROVE VILLAGE, ILLINOIS (here-
inafter referred to as "Village").
W I T N E S S E T H:
WHEREAS, by a Warranty Deed dated May 27, 1952 (recorded as
Document No. 15356497 on June 4, 1952 in Book 47997, Page 553 in the
Recorder Deeds of Cook County, Illinois) George L. Guenther and Elsie
Guenther, his wife, conveyed and warranted unto Chicago District Pipe-
line Company (hereinafter referred to as "Chicago District") the
following described real estate in Will County, Illinois to wit:
The South 82-1/2 feet of the North East Quarter of
Section 26, Township 41 North, Range 10 East of the
Third Principal Meridian; and
WHEREAS, by a Warranty Deed dated May 29, 1952, (recorded as
Document No. 15362334 on June 11, 1952 in Book 4801, Page 536 in the
Office of the Recorder of Deeds of Cook County, Illinois) Edmund A.
Rohlwing and Loraine M. Rohlwing, his wife, conveyed and warranted
unto Chicago District the following described real estate in Cook
County, Illinois, to wit:
The South 82-1/2 feet of the South West Quarter of
the North West Quarter and the South 82-1/2 feet of
the West 33 feet of the South East Quarter of the
North West Quarter of Section 25, Township 41 North,
Range 10 East of the Third Principal Meridian; and
(The two above described parcels of real estate are
hereinafter collectively referred to'as "said real
estate"); and
WHEREAS, Natural is successor in interest to all of the
right, title and interest of Chicago District in and to said real
estate and the natural gas pipeline constructed thereon; and
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WHEREAS, Centex has requested that Natural grant to Centex
an easement permitting Centex to construct, operate and maintain one
(1) twelve -inch water main and one (1) eight -inch water main, one (1)
eight -inch sanitary sewer and two (2) paved street crossings (herein-
after collectively referred to as "said facilities") on, over and across
a portion of said real estate, which Natural is willing to do; and
WHEREAS, upon completion of construction, the said facilities
are to be dedicated to Village; and
NOW, THEREFORE, for Ten Dollars ($10.00) and other valuable
consideration, the receipt and sufficiency of which is hereby acknow-
ledged and in further consideration of the covenants and conditions
hereinafter contained, Natural grants and does hereby grant, without
warranty, unto Centex, its successors and assigns, an easement to con-
struct, operate and maintain said facilities on, over, under and across
a portion of said real estate. The said facilities shall be located on
a portion of said real estate as shown on drawings previously submitted
to Natural by Centex (these drawings were prepared by Michael L. Ives
& Associates, Inc., Consulting Planners, Hinsdale, Illinois, Preliminary
Plat and Zoning Map, Section 24, Proposed A-2 S.U. Area, Elk Grove
Village, Proj. No. C2073, Job 811, dated June 1, 1978, Revised June 6,
1978 and July 25, 1978 and labeled Exhibits "A" and "B" attached hereto
and made a part hereof).
The right, permission and easement herein granted by Natural
to Centex is granted upon the following express conditions and provisions
which Centex for and on behalf of itself, its successors and assigns
expressly acknowledges, undertakes and agrees to fulfill and discharge,
to wit:
1. The right, permission and easement herein granted shall
be exercised by Centex in a manner which will not interfere with the
present or future installations or operations of Natural within or upon
a portion of said real estate and Natural hereby expressly retains the
right to use a portion of said real estate in any manner which will not
unreasonably interfere with the interest of Centex hereunder.
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2. Centex shall exercise the easement herein granted to it
by Natural in a manner that will not interfere with the present or future
installations or operations by Natural upon said portion of said real
estate and Natural hereby reserves for itself, its successors and assigns
all rights necessary for its pipeline operations including, without limi-
tation,the rights to relocate, operate, maintain, repair, renew and re-
move such of its facilities as are now in place on said real estate, to
construct therein and to relocate, operate, maintain, renew and remove
such additional facilities as Natural may in the future deem to be neces-
sary. Natural will not be liable for damages to any of Centex's improve-
ments on said portion of said real estate caused by Natural in the
exercise of its rights heretofore mentioned in this paragraph.
3. In the event Centex, its successors, assigns or lessees,
shall cease to use said facilities for a period of twenty-four (24) con-
secutive months, all rights granted to Centex hereunder shall cease and
terminate. Upon such cessation and termination of Centex's rights,
Centex, upon Natural's written request, shall remove, at its sole ex-
pense, the said facilities from said real estate restoring said real
estate as nearly as practicable to its original condition. In the
event Centex fails to remove its said facilities within six (6) months
after so requested by Natural, Natural may remove the same at Centex's
sole risk and expense.
4. Except for routine maintenance work or except in an
emergency, the plans and specifications for all construction, recon-
struction, installation, maintenance, repair or removal work proposed
to be undertaken by Centex, upon or within said real estate shall be
submitted to Natural's Chief Engineer for his written approval, and
no such work shall be undertaken by Centex without the written approval
of Natural's Chief Engineer as to the time and manner of doing such
work. Written notice of Centex's intent to commence such work shall be
given to Natural (Attention: Mr. H. C. LaBarge, R.R. 3, Box 178A, Area
Code 815-725-1477, Lockport, Illinois 60411) at least forty-eight (48)
hours prior to the commencement thereof. All such work shall be per-
formed in the presence of Natural's Chief Engineer or his authorized
representative and in a manner satisfactory to said Chief Engineer or
representatives. Centex shall bear Natural's cost for such represen-
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tative. Said Chief Engineer or representative shall have authority
to halt Centex's operations if, in his opinion, such operations are
not proceeding in conformity with the conditions of this Agreement or
in such manner as has been previously approved by him. Natural shall
have the right to perform any protective work which it deems necessary
to insure the safety of Natural's facilities in the area of Centex's
proposed work, and the expense of any such protective work performed
by Natural shall be borne by Centex. In the event such protective
work cannot be completed by Natural prior to Centex's proposed time
for commencement of work as set forth in Centex's notice to Natural,
Centex shall postpone the commencement of such work until such time as
Natural has completed any such protective work.
5. Any electrolysis mitigating equipment for Natural's
pipelines and appurtenant facilities which in Natural's reasonable
opinion is necessary in order to prevent damage to such facilities
due to electrolysis shall be installed and maintained by Centex at
its sole cost and expense and any electrolysis methods or equipment
used by Centex shall be coordinated with Natural's methods or require-
ments.
6. All installation, construction, reconstruction, main-
tenance, renewal, repair and removal work performed by Centex pursuant
to the rights granted it by this Agreement shall conform to the follow-
ing rules and regulations:
a. No blasting shall be done within fifty (50) feet
of Natural's pipelines or facilities.
b. All digging within ten (10) feet of any pipeline
or facility of Natural shall be performed by hand,
or as directed by Natural's Chief Engineer or his
representative.
C. If at any time Centex shall find it necessary to
excavate underneath Natural's pipelines or facil-
ities, proper precautions shall be undertaken by
Centex to insure adequate support for said pipe-
lines or facilities both during and after such
excavation work.
d. Any facility installed by Centex that lies be-
neath Natural's existing pipelines or facilities
shall be installed at least twenty-four (24)
inches below the existing pipelines or facilities
of Natural.
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e. All drain tile, fences, parking surfaces, land-
scaping, and other similar facilities of Natural,
which are damaged or destroyed shall be repaired
or replaced in good and workmanlike manner by
Centex at its own cost and expense.
f. No facilities shall be constructed by Centex on
said portion of real estate other than the said
facilities permitted to be constructed hereunder,
and the same shall be constructed at the location
and in the manner as to which Natural has given
its written approval.
7. Centex shall at all times, and under all circumstances,
indemnify, protect and save harmless Natural, its successors, assigns,
lessees, licensees, from and against all damages, losses, claims,
demands, actions and causes of action whatsoever (including any costs,
expenses and attorney's fees which may be incurred in connection there-
with) in favor of any governmental authority, municipality, corporation,
firm or individual, whether or not the claim, demand or action asserted
be meritorious, and which results from or its alleged to result from,
or which arises out of or in connection with the installation, construc-
tion, maintenance, operation, renewal, repair, removal or existence of
any facility of Centex upon a portion of said real estate, or out of
or in connection with the existence of the right, permission and
authority granted to Centex hereunder, or out of or in connection with
the presence on said real estate of any facility or equipment of Centex
whether or not authorized by this Agreement.
8. Centex agrees that it will obtain at its sole expense,
all necessary permits from Federal, State, Municipal and other public
authorities for the construction, installation, operation, maintenance,
repair, replacement and removal of said facilities and will construct,
operate and maintain said facilities in accordance with all applicable
orders, rules and regulations of any public authorities having juris-
diction over the same.
9. Centex agrees that it will not permit or suffer any
lien to be put upon or to arise or to accrue against said real estate
in favor of any person or persons, individual or corporate, furnishing
either labor or material in any work herein authorized and Centex
further agrees to hold Natural and the said real estate free from any
and all liens or claims of lien which may or might or accrue or be
based upon any mechanics' lien law of the State of Illinois, now in
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force or hereafter to be enacted, by reason of Centex's exercise of
the privileges granted herein, and in the event any such lien shall
arise or accrue against Natural's said real estate, Centex agrees to
promptly cause the release of the same at its expense.
10. Upon written demand by Natural, Centex shall reimburse
Natural for all assessments and taxes levied upon said real estate on
account of any or all facilities or equipment now or hereafter installed,
constructed or placed within or upon a portion of said real estate by
Centex. Natural shall give to Centex reasonable advance notice of its
intent to make any payment of such assessments or taxes so that Centex
may file its objections, if any, to such assessment or tax with the
levying authority.
11. In the event Centex shall fail to perform any of the
covenants and agreements herein contained on its part to be observed
and performed, and such failure shall continue for a period of sixty
(60) days after written notice thereof from Natural, then all rights
and privileges granted under this Agreement shall be forfeited and
terminated and Centex shall remove the said facilities from said real
estate within one (1) year after the termination of said sixty (60) day
period. In the event it fails to do so, the said facilities shall be-
come the property of Natural without the necessity of any bill of sale
or conveyance and Centex shall reimburse Natural upon demand for all
costs and expenses incurred by Natural in connection with the removal
of said facilities.
Failure of Natural at any time to insist upon strict perfor-
mance of any obligation of Centex hereunder shall not be construed as
a waiver or release of any of the rights of Natural hereunder or as a
waiver or release of the right to enforce any covenant or agreement
herein contained.
12. Village as a party to this Agreement accepts all of the
terms and conditions thereof from and after the time said facilities
are dedicated to the Village.
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13. Any notice herein provided to be given shall be deemed
properly serviced (except as to notice mentioned in Paragraph 4 hereof)
if delivered in writing personally and mailed to Natural in care of its
Chief Engineer, at its principal officer or to Centex at its principal
office, or to such other persons or addresses as either party may from
time to time designate in writing.
14. At the time of execution of this Agreement, Centex
agrees to pay to Natural the sum of Five -Hundred and No/100 ($500.00)
Dollars to reimburse Natural for the cost of the preparation of this
instrument.
15. A Performance Bond (No. 2879676 and Safeco Insurance
Companies as Surety) issued for an agreement dated August 14, 1978 to
Centex Homes Midwest, Inc. shall be applied herein.
16. This Agreement shall inure to the benefit and be binding
upon the respective successors and assigns of the parties hereto, but
Centex shall not assign or transfer any right or permission granted to
it herein without the prior written consent of Natural.
IN WITNESS WHEREOF, the parties hereto have caused the
Agreement to be executed by their proper officers, thereunto duly
authorized, as of the day and year first above written.
ATTEST:
Assistant Secretary
ATTEST:
Assistant Secretary
NATURAL GAS PIPELINE COMPANY OF AMERICA
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Title:
CENTEX HOMES MIDWEST, INC.
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Title:
ELK
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ATTEST: By : .X
Title:
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AGREEMENT
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TRIS AGREEMENT, made and entered into this day of
1978, by and between NATURAL GAS PIPELINE
COMPANY OF AMERICA, a corporation, with its principal office at 122
South Michigan Avenue, Chicago, Illinois 60603 (hereinafter referred
to as "Natural") and Centex Homes Midwest, Inc.,.with its principal
office at 415 South Creekside Drive, Palatine, Illinois (hereinafter
referred to as "Centex").
W I T N E S S E T H•
WHEREAS, by a Warranty Deed dated May 29, 1952 (recorded as
Document No. 15362334 on June 11, 1952 in Book 48018, Page 537 in the
Office of the Recorder of Deeds of Cook County, Illinois) Edmund A.
Rohlwing and Loraine M. Rohlwing, his wife conveyed and warranted unto Chicago
District Pipeline Company (hereinafter' referred to as "Chicago District")
the following described real estate in Cook -County, Illinois to -wit:
The South 82= feet of the South West quarter
of the North West quarter and the South 82111 feet
of the West 33 feet of the South Fast quarter
of the North West quarter of Section 25, Township
41 North, Range 10, East of the Third PriAipal
Meridian;
(The above described parcel of real estate is
hereinafter referred to as "said 'real estate"); and
WAEREAS, Natural is successor in interest to all of the right,
title.and interest of Chicago District in and to said real estate; and
WHEREAS, Centex has requested that Natural grant to Centex the
right, privilege, authority and license to construct, operate and maintain
one (1) eight,inch sanitary sewer and one (1) eighteen inch storm sewer
hereinafter collectively referred to as "said facilities") on, over and
across said real estate, which Natural is willing to do.
NOW, THEREFORE, for Ten Dollars ($10.00) and other valuable
consideration, the receipt and sufficiency of which is .hereby acknowledged
and in further consideration of the covenants and conditions hereinafter
contained, Natural grants and does hereby grant, without warranty, unto Centex,
its successors and assigns, the rollowi.ng license, to construct, operate and
maintain said facilities on, over and across said real estate. The said
facil.itl.os shall lie locatod on said real estate as shown on drawings previously
submlttcd to Natural. by Centex (tbeae drawingn were prepared by Ilondernon and
11.1. L✓l....... r-,, .1 I,
i 64011 a. 1101 a 1. A ..... .n,
-2-
Bpdwell, Consulting Engineers are styled Centex Homes Midwest, Inc.,
Improvement Plans, for Winston Grove, Section 23A, Cook County, Illinois,
Sheets 1, 2, 4 and 17 of 26 dated Decomber 16, 1977, revised March 10, 1978
and May 15, 1978).
The right, permission and license herein granted by Natural to
Centex is granted upon the following express conditions and provisions
which Centex for and on behalf of itself, its successors and assigns
expressly acknowledges, undertakes and agrees'to fulfill and discharge,
1. The right, permission and license herein granted shall be
exercised by Centex in a manner which will not interfere with the present
of future installations or operations of Natural within or upon said real
estate, and Natural hereby expressly retains the right to use said real
estate'in'any manner which will not unreasonably interfere with the interest
of Centex hereunder.
2. In the event Natural shall -at -any time desire or be required
to construct, reconstruct, or alter the. grade or location of its pipelines or
other facilities within said real estate, or in the event Natural shall at any
time desire to construct additional pipelines, appurtenances or other facilities
within said real estate, and, if in the sole judgment of Natural's Chief-
Engineer
hief
Engineer it is necessary that the said facilities installed by Centex pursuant
to this Agreement be relocated or altered in any way, Natural shall notify.
Centex of the necessity for such relocation or alteration and Centex shall either
(a) immediately at its own cost and expense make such alteration or
relocation of said facilities installed by it pursuant to this Agreement, or
(b) if Centex determines not to alter or relocate said facilities as requested
by Natural, Centex, upon written demand by Natural, shall immediately reimburse
Natural for all additional expenses incurred by Natural in its construction,
reconstruction or alteration work on said real estate because of the
existence of Centex's said facilities. Centex agrees to notify Natural in
writing within fourteen (14) days after receipt of notice from Natural of
requested alterations to or relocation of Centex's said facilities as
to whether Centex wishes to act under (a) or (b) above. In the event
Centex elects to alter or relocate said facilities as requested by Natural,
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Ce`.itex agrees to restore Za'd real estate, at its sole expense as nearly
as practicable to its original condition., If Centex fails to notify Natural of
its election under (a) or (b) as provided above, Natural shall have the right
to alter or relocate said facilities at Centex's sole risk and expense.
3. In the event Centex, its successors, assigns or lessees,
shall cease to use said facilities for a period of twenty-four '(24) consecutive
months, all rights granted to Centex hereunder shall cease and terminate.
Upon such cessation and termination of Centex rights, Centex upon Natural's
written request, shall remove, at its sole expense, the said facilities from
said real estate restoring said real estate as nearly as practicable to its
original condition. In the event Centex fails to remove its said facilities
within six (6) months after so requested by Natural, Natural may remove
the same at Centex's sole risk and expense.
4. Except for routine maintenance work or except in an emergency,
the planes and, ;specifications for all dons truction, reconstruction, installation,
maintenance, repair or removal work proposed to be undertaken by Centex, upon
or.within said real estate shall be submitted to N'atural's Chief Engineer for
his written approval, and no such work shall be undertaken by Centex without
the written approval of Natural's Chief Engineer as to the time and manner
of. doing such work. Written notice of Centex's intent to commence such work
shall be given to Natural (Attention: Mr. H. C. LaBarge, R.R. 3, Box 178A,
Area Code 87'5-725-1477, Lockport, Illinois 60411) at least forty-eight (48)
hours prior to the commencement thereof. All such work shall be performed
in the presence of Natural's Chief Engineer or his authorized representative
and in a manner satisfactory to said Chief Engineer or representatives. Centex
shall bear Natural's cost for such representative. Said Chief Engineer
or representative shall have autjority to halt Centex operations if,
in his opinion, such operations are not proceeding in conformity with the
conditions of this Agreement or in such manner as has been previously approved
by him. Natural'shall have the right. to ,perform any protective work which it
deems necessary to insure the sat~ety of Natural's facilities in the arca of
Centex proposed work, and the expense of any such protective work performed
by Natural shall be borne by Centex. In the event such protective work.
cannot be completed by Natural prior to Contex proposed time for commencement
of work, as ;;et forth in Centex notice to NLItUral, Centex shall postpone tllc
coumioncemout of such wurit until r.uch time ns Natural has completed any, such
prorectAve woll-
-4-
5. Any electrolysis mitigating equipment for Natural's pipelines
and appurtenant facilities which in Natural's reasonable opinion is necessary
in order to prevent damage to such facilities due to electrolysis shall be
installed and maintained by Centex at its sole cost and expense and any
electrolysis methods or equipment used by Centex shall be coordinated with
Natural's methods or requirements.
6. All installation, construction,.reconstruction, maintenance,
renewal, repair and removal work performed by Centex pursuant to the rights
granted it by this Agreement shall• conform to the following rules and
regulations:
a. No blasting shall be done within fifty (50)
feet of Natural's pipelines or facilities.
b. All.digging within ten (1) feet of any pipe-
line or facility of Natural shall be performed
by hand, or as directed by Natural's Chief
Engineer or his representative.
c. jf at any time Centex shall find it necessary
to excavate underneath Natural's pipelines or
facilities, proper precautions shall be under-
taken by Centex to insure adequate support
for said pipelines or facilities both during
and after such excavation work.
d. Any facility installed by Centex that lies
beneath Natural's existent pipelines or facilities
.shall be installed at least twenty-four. (24)
inches below the existing pipelines or facilities
of Natural.
e. All drain tile, fences, road surfaces, landscaping,
and other similar facilities of Natural, its lessees
or licensees which are damaged or destroyed shall be
repaired or replaced in good and workmanlike manner by
Centex at its own cost and expense.
f.No facilities shall be constructed by Centex on
said real estate other than the said facilities
permitted to be constructed hereunder, and the
same shall be constructed at the location and
in the manner as to which Natural has given its
written approval.
Centex shall at all times, and under all circumstances, indemnify,
protect and save harmless Natural, its successors, assigns, lessees, licensees,
from and against all damages, losses, claims, demands, actions and causes of
action whatsoever (including any costs, expenses and ntLorncy's fees which may
be incurred in connection therewith) in favor of any governmental authority,
municipality, corporation, firm or individual, whether ornot the claim, demand
or action asserted be meritorious, and which result.,, from or is alleged to
result from, or which ar:tses out of or in connection with the insta.ilution,
construct.Ion, recun:,tructlun, nv,lntennuce, operat:lon, renewal.,, repair,,romuval.
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or existence of any facil?ty of Centex upon said real estate, or out of
or in connection with the existeuc:e of the right, permission and authority
granted to Centex hereunder, or out of in connection with the presence on
said real estate of any facilities or equipment of Centex whether or not
authorized by this Agreement.
8. Centex agrees that it will obtain at its sole expense, all
necessary permits from Federal, State, Municipal. and other public authorities
for the construction, installation, operation, maintenance, repair, replacement
and removal of said facilities and will --construct, operate and maintain said
facilities in accordance with all applicable orders, rules and regulations of
any public authorities having jurisdiction over the same.
9. Centex agrees that it will not permit or suffer any lien to
be put upon or to arise or to accrue against said real estate in favor of
any person or persons, individual or corporate, furnishing either labor or
material in any work herein authorized, and Centex further agrees to hold
Natural and the said real estate free from -any and -all" liens or claims of
lien which may or might or accrue or be based upon any mechanics' lien
law of the State of Illinois, now in force or hereafter to be enacted, by
reason of Centex exercise of the privileges granted herein, and in the event
any such lien shall arise or accrue against Natural's said real estate,
Centex agrees to promptly cause the release of the same at its expense.
10. Upon written demand by Natural, Centex shall reimburse
Natural for all assessments and taxes levied upon said real estate on
account of any or all facilities or equipment now or hereafter installed,
constructed or placed within or upon said real estate by Centex. Natural
shall give to. Centex reasonable advance notice of its intent to make
any payment of such assessments or taxes:so that Centex may file its
objections, if any, to such assessment or tax with the levying authority.
11. In the event Centex shall fail to perform any of the covenants
and agreements herein contained on its part to be observed and performed,
and such failure shall continue for a period of sixty (60) days after
written notice thereof: from Natural, then all rights and privileges granted
under this Agreement shall be forfeited and terminated and Centex shall
remove the said facilities from said real estate within one (1) year after
the termination of said sixty (60) dny period. In the event it fails to do
no, the nnid fnctll.tles shall become the property of Natural without tilt!
AMENDMENT TO AGREEMENT
This Amendment is made this day of ,
1978 by and between NATURAL GAS PIPELINE COMPANY OF AMERICA
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("Natural") and CENTEX HOMES MIDWEST, INC. ("Centex"), and
modifies, to the extent hereinafter set forth, that certain
Agreement, made between the parties hereto on even date here-
with ("Agreement"), concerning the conveyance of Natural to
Centex of an easement interest in a parcel of real estate in
Cook County, Illinois, more particularly described in the Agreement.
W I T N E S S E T H
In consideration of the covenants contained herein and
in the Agreement the parties agree that, notwithstanding anything
contained in the Agreement to the contrary:
(1) Natural represents and warrants as to said real
estate (as that term is defined in the Agreement)
against all persons lawfully claiming by, through
or under it; and
(2) Upon Centex' payment of $500.00 and delivery of the
bond, which matters are more particularly described
in the Agreement, Natural will convey to Centex an
easement in said real estate to construct, operate
and maintain in perpetuity except as provided in
Paragraphs 3 and 11 of the Agreement the facilities
described in the Agreement, which easement Centex
may record with the Recorders of Deeds of Cook County; and
(3) Natural agrees that it will act reasonably under the
Agreement, including in connection with (a) its incurring
expenses which Centex is to reimburse Natural, (b) its
alterations, relocation or removal of facilities and
(c) its monitoring of work performed by Centex.
NATURAL GAS PIPELINE COMPANY
OFA
ATTEST:
A By : ,!\,
NTEX HOMES MIDWEST, NC.
ATTEST
By —
Andre Hannig — William llilan
Assistant.Secretary Executive/Vi e President
1n1. v.,wd /1
p05C91 5. 50816. All a.nq
LU & WNiPM ch o., 01, 10007
STATE OF ILLINOIS
COUNTY OF COOK
I,
A
Notary Public in and for said County, in/the State aforesaid,
do hereby certify that
personally luiocm to me to be the President of
NATURAL GAS PIPE,LII/NE COMPANY OF AIdLRICA, a corporation, and
S71- Secretary
personally Imov�i to me to be the
.s7 Secretary of said corporation, and personally Ys.ot'n
to me to be the same persons ,hose names are subscribed to the.
foreeoi.ng instrument, appeared before me: th.Ls day in person
and severally acknowledged that as such President
and z;� s-7�- Secretary of said corporation, and caused the
corporate seal of said corporation to be affixed thereto, as
their free and.voluntary act, end as the free and voluntazy*
act and deed of said corporation, for the uses and purposes
therein set forth.
Given under my hand and Notarial Seal this
day of ��; .rT , A. D. 19.
�Otary ;�ADII e
My Commission Expires
September 13, 1978
srn�r: o�� lt,.;.iaor.s 1
rr
J.J .
I, HURM A. 110 -VER a
Notary Public in and for said Courty, in the State aforesaid,
• do hereby certify that tnTLim J. GILL3=M
personally known to me to be the F`¢:(UTn President
Of CM?=X HOMES MMMST, INC. .a corporation, and
ANDREW J. RANNIGAN , personally known to me
to, be the _ ASSISTANT Secretary of said corporation,
and personally known to me to be the same persons whose names
are subscribed to the foregoing instrunent, appeared before me
this day in person and severally acknowledged that as such
EXECUTIVE VICE President and ASSISTANT Secretary,
they signed and delivered the said instrument as EXECUTIVE
VICE President and ASSYS MT Secretary of
said co.rperation, and caused the corporate seal of said corporation
to be affixed thereto, as their free and voluntary act, and as
the free and voluntary act and deed of said corporation, for the
uses and purposes therein set forth.
GIVEN under my hand and Notarial seal this 21st
day of July , A.D. 19 78
Notary Public
My commission Eapirea 10-7-81
J
a
The terms of the foregoing Amendment and the Agreement referred to therein
are approved and accepted by the undersigned.
ATTEST:
By:4�- d�
Title:
VII
By:
Tit
a