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