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HomeMy WebLinkAboutRESOLUTION - 25-87 - 4/14/1987 - EASEMENT AGRMT/NATURAL GAS PIPELINERESOLUTION NO. 25-87 A RESOLUTION AUTHORIZING THE PRESIDENT AND CLERK TO EXECUTE AN EASEMENT AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND NATURAL GAS PIPELINE COMPANY OF AMERICA 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 President be and is hereby authorized to sign the attached documents marked: EASEMENT AGREEMENT NATURAL GAS PIPELINE COMPANY a copy of which is attached hereto and made a part hereof as if fully 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 from and after its passage and approval according to law. PASSED this 14th day of April 1987, APPROVED this 14th day of April 1987. Charles J. £ettek Village President ATTEST: Patricia S. Smith Village Clerk EASEMENT AGREEMENT THIS AGREEMENT, made and entered into this / day of ay,,;y,-,�/7 1987, by and between NATURAL GAS PIPELINE COMPANY OF AMERICA, a corporation organized and existing under and by virtue of the laws of the State of Delaware (hereinafter referred to as "Grantor"), and the Village of Elk Grove Village, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "Grantee"); W I T N E S S E T H: WHEREAS, by Warranty Deed dated August 16, 1952 (recorded on August 18, 1952 as Document No. 15414277 in Book 48200, Page 554 in the Office of the Recorder of Deeds of Cook County, Illinois), Gilbert F. Landmeier and Edna Landmeier, 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 1/2 feet of the Southwest Quarter of the Northwest Quarter of Section 26, Township 41 North, Range 11, East of the Third Principal Meridian, (except that part thereof conveyed by Gilbert F. Landmeier and wife to the County of Cook by deed dated January 10, 1939 and recorded on January 12, 1939 as Document No. 12259408); (The above described parcel of real estate is hereinafter referred to as "said Real Estate"); and WHEREAS, Grantor has succeeded to all the rights and property of Chicago District Pipeline Company in and to the said Real Estate; and WHEREAS, Grantee has requested that Grantor grant unto Grantee a 25' permanent easement and a 50' temporary construction easement both equidistant from the centerline of a drainage ditch flowline in, under, upon and across a portion of said Real Estate as shown on Exhibit A which is attached hereto and made a part hereof, as though fully set forth herein; and WHEREAS, Grantor is willing to grant such right, permission and authority in perpetuity but only on the terms and conditions hereinafter set forth: - 2 - NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor agrees to and does hereby grant, without warranty, unto Grantee, its successors, assigns and lessees, the right, permission and authority in perpetuity to install, construct, reconstruct, maintain, operate, renew, repair and remove a drainage ditch flowline and culvert pipe (hereinafter referred to as "said Facilities") in, under, upon and across said Real Estate pursuant to plans previously submitted by Grantee as described on Exhibit A, together with the right of ingress and egress for the aforesaid purposes. The right, permission, authority and consent herein granted by Grantor to Grantee is granted upon the following express conditions and provisions, which Grantee, for and on behalf of itself, its successors, assigns and lessees, expressly acknowledges, undertakes and agrees to fulfill and discharge,to wit: 1. The right, permission and authority herein granted shall be exercised by Grantee in a manner which will not interfere with the present or future installations or operations of Grantor within or upon said Real Estate, and Grantor hereby expressly retains the right to use said Real Estate in any manner which will not unreasonably interfere with the interest of Grantee hereunder. 2. In the event Grantor 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 Grantor shall at any time desire to construct additional pipelines, appurtenances or other facilities within said Real Estate, and, if in the judgment of Grantor's Chief Engineer it is necessary that said Facility be relocated or altered in any way, or if for any other reason Grantor deems it necessary for Grantee to relocate or alter said Facility, Grantor shall notify Grantee of the necessity for such relocation or alteration and Grantee shall immediately, at its own cost and expense, make such alterations or relocations of said Facility as - 3 - Shall be deemed necessary in the judgment of Grantor's Chief event of such alteration or relocation, Engineer. Zn the earl Estate as n Of agrees to restore y as practicable to its ori said Real fail to com 1 original condition. If Grantee Grantor Y with antor shall any such request of Shall Facility,Grantor to alter or relocate have the said Grantee' right to alter or relocate said Facility at s sole risk and expense. 3, In the event that Grantee, cease toits successors, assigns or use said Facility for a period of twelessees, shall nty-four f�4j consecutive months, all ri ghts granted to Grantee hereunder shall cease and termi UPon such cessation and termination of nate, said F Grantee's rights, Grantee Facility from said Real Estate, shall remove remove said Facilit In the event that Grantee Y within shall fail to six {6) months of the date of termination of its rights under this Agreement, Grantor May the cost Y remove same, at Grantee' s risk, and thereof shall be borne by Grantee. 4• Except for routine maintenance work and except in tions for all const repair an emergency, the Plans and specifications maintenance, ruction, reconstruction, installation, r or removal work proposed or within said Real Estate shall to be undertaken b be submitted Y Grantee upon his ztted to Grantor's Chief approval, and no such work shall Engineer for be undertaken by Grantee w' approval of Grantor's Chief Engineer the without Irk. Of as to the time and manner notice of Grantee' of doing such Grantee's intent to commence such work to Grantor (Attn: Mr, ,7, E• McLaughlin, shall be given Lockport, IL (815) RR, {815) 725-1477) at leas #3, Box 178A, t forty-eight {48) hours commencement thereof. All such w Prior to the Grantor' work shall be performed Grantor,, Chief Engineer or his authorized re r in the presence of satisfactory to said P esentative Chief and in a manner gineer or representative. Said Chief En representative shall have the authority Engineer halt gineer or operations his opinion, such are Grantee' rations s operations if, in conditions of not proceeding in conformity with the or in such manner as has been by him,Grantor shall have the right Previously approved to deems necessarythe safety to perform any protective work which it Grantee's insure Y of Grantor's facilities Proposed work, and the in the expense of area of by Grantor shall be b any such protec orne by Grantee, t"e work performed Zn the event such protective work - 4 - cannot be completed by Grantor prior to Grantee's proposed time for commencement of work, as set forth in Grantee's notice to Grantor, Grantee shall postpone the commencement of such work until such time as Grantor has completed any such protective work. 5. All construction, reconstruction, installation, maintenance, repair and removal work performed by Grantee pursuant to the rights granted it by this agreement shall conform to the following rules and regulations: a. All digging within ten (10) feet of Grantor's pipelines shall be done by hand or as directed by Grantor's representative. b. Maintain a minimum clearance of at least 24" between the top of Grantor's facilities and the bottom of Grantee's culvert pipe and at least 30" on all other facilities. c. Grantor's on-site representative may halt any work which, in his opinion, endangers the operations of Grantor's pipelines or facilities. d. All drain tile, fences, and other similar facilities of Grantor which are damaged or destroyed shall be repaired or replaced in good and workmanlike manner by Grantee at Grantee's own cost and expense. e. No facilities shall be constructed on said Real Estate other than said Facilities. f. Upon completion of construction, Grantee agrees to restore said Real Estate as nearly as practicable to its original condition, including the resodding of land on said Real Estate damages by construction of said Facilities. g. If at any time Grantee shall find it necessary to excavate underneath Grantor's pipeline or facilities, proper precautions shall be undertaken by Grantee to insure adequate support for said pipeline and facilities, both during and after said excavation work. h. Notify the Northwest Suburban Municipal Joint Action Water Agency (Attn: Mr. Gilbert Greenwood (312) 882-5950) at least 48 hours prior to any construction. i. No material, fill, spoil, pipe or other material, shall be stored over or between Grantor's pipelines. j. No vehicles may load or off-load while over or between Grantor's pipelines. k. No vehicles may stop or park over or between Grantor's pipelines. - 5 - 1. The existing grade and/or ground cover on the existing right-of-way shall not be altered or reduced and if it is altered or reduced Grantee shall restore to its original condition at Grantee's sole cost. m. The natural drainage of Grantor's property and that of the adjoining landowners shall not be impeded during and after construction of facilities. n. Notify Mr. J. McLaughlin, District Superintendent, R.R. #3, Box 178A, Lockport, IL 60441, (815) 725-1477 at least 48 hours prior to any construction. 6. Grantee shall at all times, and under all circumstances, indemnify, protect and save harmless Grantor, its successors and assigns, 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 therewith) 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 is alleged to result from, or which arises out of or in connection with, or is alledged to arise out of or in connection with, the construction, reconstruction, installation, maintenance, repair, removal or existence of any Facility of Grantee upon and within said Real Estate, or out of or in connection with the existence of water being discharged from said Facilities, or out of or in connection with the existence of the right, permission and authority granted to Grantee hereunder, or out of or in connection with the presence upon said Real Estate of any Facility or equipment of Grantee whether or not authorized by this Agreement. 7. In the event Grantee fails to fulfill and discharge any of the obligations of this Agreement or fails to exercise the rights herein granted it in compliance with the terms and conditions hereof, and in the further event that such failure or noncompliance continues for a period of sixty (60) days after written notice by Grantor to Grantee of any such failure or noncompliance, then and in that event, Grantor may, at its option, terminate all rights, permission or authority granted to Grantee by this Agreement and Grantor may require Grantee to remove any facility installed, constructed or placed within said Real Estate by Grantee. 8. Upon written demand by Grantor, Grantee shall reimburse Grantor for all assessments and taxes levied upon the property of Grantor on account of any or all facilities or equipment now or hereafter installed, constructed or placed within or upon said Real Estate by Grantee. Grantor shall give to Grantee reasonable advance notice of its intent to make any payment of such assessments or taxes so that Grantee may file it objections, if any, to such assessment or tax with the levying authority. 9. This Agreement shall inure to the benefit of and be binding upon the successors, assigns, and lessees of the respective parties hereto, PROVIDING, HOWEVER, that Grantee shall not assign or transfer any right, permission or authority granted it hereunder without the prior written consent of Grantor. WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers thereunto duly authorized and have caused their respective corporate seals to be hereunto affixed, all as the free and voluntary acts of the parties hereto, on the day and year first above written. a ATTEST: G Asst. Secretary ATTEST: Patricia S. Smith Village Clerk 3700C NATURAL GAS PIPELINE COMPANY OF AMERICA A ST. VICE—PRESIDENT VILLAGE OF ELK GROVE VILLAGE By: Charles J. Zettek Title:Village President STATE OF ILLINOIS ) ) SS COUNTY OF DUPAGE ) I, Karen A. O'Connor, a Notary Public in and for said County, in the State aforesaid, do hereby certify that R. G. Landers personally known to me to be the Assistant Vice -President of NATURAL GAS PIPELINE COMPANY OF AMERICA, a corporation, and L. E. Trottier 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 instrument, appeared before me this day in person and severally acknowledged that as such Assistant Vice -President and Assistant Secretary, they signed and delivered the said instrument as Assistant Vice -President and Assistant Secretary of said corporation, 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 17th day of March , A.D. 1987 Karen A. O'Connor, Notary Public My Commission Expires: June 17, 1989