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Home My WebLink AboutRESOLUTION - 35-76 - 5/25/1976 - RIGHT OF ENTRY GRANT TO MSDRESOLUTION N0, 35-76 A RESOLUTION AUTHORIZING A RIGHT -OF -ENTRY GRANT TO THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO FOR LOCATING A TRAILER ON VILLAGE PROPERTY FOR THE PURPOSE OF ENVIRONMENTAL RESEARCH WHEREAS, the Metropolitan Safiitary District of Greater Chicago is presently under contract to the Northeastern Illinois Planning Commission to perform certain studies of the quality of waters in streams and storm water runoff in the six county Metropolitan Chicago area; and WHEREAS, this program is being undertaken as required by Section 208 of the Federal Water Pollution Control Act Amendments of 1972 to facilitate the develop- ment of better sewage treatment and water control facilities in the six county metropolitan area; and WHEREAS, in order to secure the necessary water samples with the greatest efficiency, access to watercourses is necessary. 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; that the Village of Elk Grove Village does hereby authorize a Right -Of -Entry grant to the Metropolitan Sanitary District of Greater Chicago, including the right to install an automatic water sampling trailer as a temporary facility, on Village property, which adjoins a drainage ditch located immediately west of Zenith Corporation at 1851 Arthur Avenue, for a period of one year from date hereof. Section 1. That the Village President and Village Clerk are hereby authorized to sign said Right -Of -Entry grant for and in the name of the Village, a copy of which is attached hereto and made a part hereof as if fully set forth. Section 2. That this resolution shall be in full force and effect from and after its passage and approval according to law. PASSED this 25th day of May , 1976, APPROVED this 25th day of ATTEST: Village Clerk X11 V R I G H T O F E N T R Y G R A N T THIS RIGHT -OF -ENTRY GRANT, Made this 25th day of May , A. D., 197 6 , by the Village of Elk Grove Village by passage of Resolution No. 35-76 (hereinafter called the "Grantor_"), to THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, a municipal corporation organized and existing under the laws of the State of Illinois (hereinafter termed the "Sanitary District"), 100 East Erie Street, Chicago, 1ll. 60611. W I T N E S S E T H, T H A T WHEREAS, the Sanitary District is presently under contract to the Northeastern Illinois Planning Commission to perform certain quality studies of the waters in streams and storm water runoff in the six -county Metropolitan Chicago area. This program is being undertaken as required by Section 208 of the Federal Water Pollution Control Act Amendments of 1972 (P.L. 92-500) to facilitate the development of better sewage treatment and water pollution control facilities in the six -county metropolitan Chicago area, and WHEREAS, in order to carry out the -aforesaid studies, it is necessary and desirable that the Sanitary District establish a sampling station on the premises of the Grantor; and WHEREAS, the United States Geological Survey, as subcontractor to the Metropolitan Sanitary District, will require access to install a rain gauge and water level recorder, to be mounted to the headwall, in connection with the aforesaid water quality studies; and WHEREAS, the Grantor is willing to grant a temporary right of entry license, privilege, and authority to the Sanitary District, to enter upon Grantor's premises for the purposes and upon the terms and conditions hereinafter set forth, NOW, THEREFORE, in consideration of the sum of One Dollar ($ 1.00 in hand paid by the Sanitary District to Grantor_, the receipt of which is hereby acknowledged, and the covenants and conditions hereinafter contained, the Grantor hereby gives and grants to Sanitary District, its successors and assigns, a temporary right of entry, license, privilege and authority to establish, construct, repair, replace, operate, and maintain a water quality sampling station and rain gauge and water level recorder upon the property shown in the sketch on page 5, for a period of twenty months, commencing May 1, 1976 and terminating December 31, 1977. IN CONSIDERATION of the grant of the right of entry grant herein contained, this Grant is subject to the following conditions: 1. Sanitary District shall establish a sampling site and install a small automatic portable Sampling Station on the site shown in the sketch on page 5 which is attached hereto and made a part hereof. Said Sampling Station shall be uninhabited except for such personnel as are necessary from time to time to remove samples therefrom or repair or maintain same.' 2. Sanitary District shall procure at its own cost and expense and may cause to be installed on the premises electrical service and necessary appurtenances from the local electrical utility to furnish electrical power to the trailer. The Sanitary District shall pay all.service and user charges for electrical power consumed at the Sampling Station site. 3. Access to said Sampling Station site shall be granted by Grantor at all times immediately following rainstorm or sudden thaw periods and such other times as the.Sanitary District may reasonable request. 4. The Sampling Stations employed by the Sanitary District hereunder shall be placed on the site, blocked up, and the station shall be secured to the ground with hurricane straps, all at no cost to the Grantor. 5. Sanitary District shall conduct itself in such a manner as to not interfere with the operations of the Grantor. - 3 - 6. The sampling program shall be for storm sampling only and any samples obtained by the District hereunder shall be for research and statistical purposes only and shall not be used as evidence against the Grantor by the Sanitary District. 7. Upon expiration of the term of this Right of Entry, the Sanitary District shall restore the site to the condition which existed immediately prior to the District's entry thereon at no cost to Grantor. 8. Sanitary District expressly assumes all responsibility for, and shall save and keep harmless the Grantor against any loss, damage, cost or expense which may suffer, incur or sustain, or for which might become liable growing out of any injury to or death of persons, or loss, or damage to property, arising out of or caused in the performance of any work done by or under the authority of Sanitary District by virtue of the rights granted herein. In the event of the bringing of any action, suit or suits, against Grantor_ growing out of any such loss, damage, cost or expense, Grantor_ shall give written notice to Sanitary District of the commencement of such action, suit or suits, and thereafter Sanitary District shall be entitled to assume the defense thereof. Sanitary District shall save and keep harmles Grantor_ from any claims for mechanics' liens by reason of any construction work, repairs, replacements, or other work, or for any improvements made or placed upon or to the easement by Sanitary District. IN WITNESS WHEREOF: The Grantor has caused this instrument consisting of 6 pages, including inserted page_, and this page, to be executed in duplicate by its Village President, and attested to by its Village Clerk ftareka-gy and its corporate seal hereunto affixed on the day and date first written above. 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C 0. +P W 41 2 n nl:r �J --- 1•-' : O X00 {•' :I'. i T 1• .� ' • OL • uJ N ( 0 S, O ti L„Qw0H Z N IN 1 ; ni • 4 �N.�:-t J U m. �,rc' In ii: lu nn I till l� � •. •ice. Ill+ ; � : C 0. +P W 41 2 n nl:r �J --- 1•-' : O X00 {•' :I'. i T 1• .� ' • OL • uJ N ( 0 S, O ti L„Qw0H Z N IN 1 ; 4 �N.�:-t J U m. lu I till � •. •ice. .,;... ; � : f •• � 10 • •�::' � 1. �; W. � .. 111 � � i•i I 1 + •fZ 1� c. _ 1 ••, SI • �I t I� T 1• .� ' • OL • uJ N ( 0 S, O ti L„Qw0H Z N 1 ; 4 �N.�:-t J U m. till T 1• _ 1 ; 4 _ � •. •ice. .,;... ; � : f •• � •�::' � ., , �; - -• .. 111 .a�::..� 1 _ STATE OF ILLINOIS) COUNTY OF COOri 3 I, George C. Coney a notary Public in and for said County, in the State aforesiad, DO HEREBY CERTIFY that for Eleanor G. Tur, er Village Cl k Charles J. Zettek and Fay Bishop , personally �ndwn to me �b be the V i 1 1 President of the Village of Elk Grove Village a Municipal corporation, and Fay Bishop for Eleanor G. Turner, personally Deputy Village Clerk known to be to be thevClerk (Recme*xrp) of said Village of a Municipal Elk Grove Villageorporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Village Deputy President and suchyClerk (ft�g§�$e ), they signed and delivered the said instrument as Village Deuty President and-48lerk (SM.Aq;,y) of said Municipal corporation, and caused the corporate seal of said Village of Elk Grove Tillage a Municipacorporation to be affixed thereto, pursuant to authority given by the Board of Trustees 131)t�rV i l l age Council of said Municipal corporation, as their free and voluntary act and as the free and voluntary act and deed of said Municipal corporation, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this 25th day of May , A.D. 19 76 . My Commission expires: t4 LS�tll 1 , A.D. 19 -7b'-