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HomeMy WebLinkAboutRESOLUTION - 40-05 - 7/19/2005 - GRANT OF PERPETUAL EASEMENTRESOLUTION NO. 40-05 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A GRANT OF PERPETUAL EASEMENT AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND METROPOLITAN WATER RECLAMATION DISTRICT (MWRDGC) FOR EGAN PLANT SLUDGElCENTRATE PIPELINE REPLACEMENT NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor and Village Clerk be and are hereby authorized to sign the attached documents marked: GRANT OF PERPETUAL EASEMENT copies of which are 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 Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 19th day of July 2005. APPROVED this 19" day of July 2005. APPROVED: Mayor Crai¢ B. Johnson Village of Elk Grove Village ATTEST: Ann I. Walsh, Village Clerk RESGrantotPerpetualEmementM W RDGC.doc GRANT OF PERPETUAL EASEMENT BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF ELK GROVE VILLAGE SECTION 1. THAT SUBJECT ALWAYS TO THE CONDITIONS HEREIN STATED, THE PERPETUAL EASEMENT, RIGHT, AND AUTHORITY BE AND THE SAME IS HEREBY GRANTED AND GIVEN TO THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO (HEREINAFTER REFERRED TO AS `DISTRICT"), TO CONSTRUCT, RECONSTRUCT, OPERATE AND MAINTAIN THE EGAN SLUDGEICENTRATE PIPELINE, TOGETHER WITH THE APPURTENANCES THERETO, HEREINAFTER DESIGNATED AS "THE SYSTEM", UPON, UNDER AND THROUGH ALL THE STREETS, HIGHWAYS, PUBLIC LANDS, PUBLIC RIGHTS-OF-WAY, AND PUBLIC EASEMENTS OF ELK GROVE VILLAGE (HEREINAFTER REFERRED TO AS "VILLAGE") WITHIN THE TERRITORIAL LIMITS OF THE VILLAGE TRAVERSED BY THE RIGHT-OF-WAY OF SAID SYSTEM. SECTION 2. THAT THE LOCATION, ,SIZE, AND MANNER OF CONSTRUCTION OF THE SYSTEM SHALL BE IN ACCORDANCE WITH PLANS AND SPECIFICATIONS PREPARED BY THE DISTRICT. SECTION 3. THAT THE RIGHTS HEREBY GRANTED TO THE DISTRICT ARE SO GRANTED UPON THE FOLLOWING CONDITIONS: (A) THAT THE DISTRICT SHALL, AT ITS COST AND EXPENSE, INSTALL ALL SUCH SAFETY DEVICES AND TRAFFIC CONTROL SIGNALS OR SIGNS AS MAY BECOME NECESSARY AND REQUIRED BY THE VILLAGE FOR THE PUBLIC CONVENIENCE, HEALTH AND SAFETY, AS A RESULT OF ANY LANE CLOSURES, ROUTING OR REROUTING OF TRAFFIC CAUSED BY THE CONSTRUCTION, RECONSTRUCTION, OPERATION, MAINTENANCE OR REPAIR CONTEMPLATED IN THIS ORDINANCE. THE DISTRICT SHALL COMPLY WITH THE PROVISIONS OF "STATE OF ILLINOIS, MANUAL OF TRAFFIC CONTROL DEVICES." (B) THAT THE SYSTEM OF THE DISTRICT SHALL BE EFFICIENTLY CONSTRUCTED, RECONSTRUCTED, OPERATED, MAINTAINED AND REPAIRED SOLELY BY THE DISTRICT AT ITS SOLE EXPENSE AND COST; AND THE VILLAGE SHALL NOT BE HELD RESPONSIBLE IN ANY MANNER FOR THE LOCATION OR MANNER OF CONSTRUCTION, RECONSTRUCTION, OPERATION, MAINTENANCE OR REPAIR OF THE SAME. (C) THAT THE DISTRICT SHALL INDEMNIFY, SAVE, AND KEEP HARMLESS THE VILLAGE FROM ANY AND ALL CLAIMS FOR DAMAGE TO REAL AND PERSONAL PROPERTY AND INJURIES TO OR DEATH SUFFERED BY PERSONS BY REASON OF THE CONSTRUCTION, RECONSTRUCTION, OPERATION, MAINTENANCE OR REPAIR BY THE DISTRICT OF THE SYSTEM WITHIN THE CORPORATE LIMITS OF THE VILLAGE. (D) THAT THE DISTRICT SHALL, AT ITS SOLE COST AND EXPENSE, RESTORE TO THEIR FORMER CONDITION OF USEFULNESS THE PAVEMENTS OF ALL STREETS, PUBLIC ALLEYS AND HIGHWAYS, AS WELL AS ALL OTHER STRUCTURES, SHRUBS, TREES AND SOD WHICH MAY BE DISTURBED OR INTERFERED WITH OR DAMAGED BY THE CONSTRUCTION, RECONSTRUCTION, OPERATION, MAINTENANCE OR REPAIR OF THE SYSTEM AS WELL AS ALL WALKS, CROSS -WALKS, CURBS, GUTTERS, CATCH BASINS, AND DITCHES AS SOON AS PRACTICABLE, AND SHALL THEREAFTER MAINTAIN SUCH RESTORATION FROM TIME TO TIME AS MAY BE NECESSARY, BUT NOT TO EXCEED TWO YEARS. ALL SURPLUS EXCAVATION AND OTHER SPOIL SHALL BE REMOVED FROM THE PAVED STREETS, PUBLIC ALLEYS, AND HIGHWAYS BY THE DISTRICT. (E) THAT THE DISTRICT AND ITS CONTRACTORS ARE HEREBY GIVEN AND GRANTED THE RIGHT TO USE IN THE CONSTRUCTION OF THE SYSTEM SUCH MOTOR TRUCKS, EXCAVATORS, HOISTING ENGINES, AND OTHER PLANT EQUIPMENT AS MAY BE NECESSARY FOR THE COMPLETE CONSTRUCTION OF SAID WORK. -2- (F) THAT THE DISTRICT AND .ITS CONTRACTORS SHALL PERFORM ALL WORK ON THE SYSTEM WITHIN THE VILLAGE BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M. CENTRAL STANDARD TIME. (G) THAT THE VILLAGE, IN CONSIDERATION OF THE PASSAGE OF THIS ORDINANCE AND THE MUTUAL BENEFITS DERIVED GIVE, GRANT, AND ISSUE WITHOUT FEES OR OTHER COST THEREFORE, TO THE DISTRICT OR TO ANY CONTRACTOR TO DEPOSIT ANY SUMS OF MONEY REQUIRED UNDER ANY ORDINANCE OF THE VILLAGE FOR SIMILAR WORK, AND SHALL FURNISH THE DISTRICT OR ANY CONTRACTOR TO WHOM SAID WORK OR ANY PART THEREOF SHALL BE AWARDED, ALL WATER NEEDED IN THE PERFORMANCE OF SAID WORK (PROVIDED THAT THE WATER SO FURNISHED WILL NOT INTERFERE WITH THE NECESSARY WATER SUPPLY FOR THE VILLAGE), AT THE THEN REGULAR RATE CHARGED BY THE VILLAGE TO ITS CONSUMERS. ALL SAID WATER TO BE AVAILABLE TO THE DISTRICT OR ITS CONTRACTORS AT THE WEST ELK GROVE VILLAGE PUBLIC WORKS BUILDING, 1635 BIESTERFIELD ROAD, AND APPROVED BY THE VILLAGE. THE USE OF VILLAGE FIRE HYDRANTS FOR CONSTRUCTION WATER FOR SAID WORK SHALL BE PROHIBITED. FURTHER, THE VILLAGE SHALL NOT REQUIRE THE PAYMENT BY THE DISTRICT OF ANY FEES OR SALARIES FOR INSPECTORS EMPLOYED BY THE VILLAGE ON SAID WORK. (H) THAT THE DISTRICT SHALL NOTIFY THE VILLAGE OF ANY INTERRUPTION IN UTILITY SERVICES TO RESIDENTS OF THE VILLAGE TO BE CAUSED BY THE CONSTRUCTION, RECONSTRUCTION, OPERATION, MAINTENANCE OR REPAIR OF THE SYSTEM. SUCH NOTICE SHALL BE MADE AT LEAST TWENTY-FOUR HOURS BEFORE THE INTERRUPTION IS TO OCCUR. IN THE CASE OF AN EMERGENCY INTERRUPTION IN UTILITY SERVICES CAUSED BY THE DISTRICT'S CONSTRUCTION, RECONSTRUCTION, OPERATION, MAINTENANCE OR REPAIR OF THE SYSTEM, THE VILLAGE SHALL BE NOTIFIED IMMEDIATELY OF THE INTERRUPTION OF SERVICES CAUSED BY THE DISTRICT'S ACTIONS. THE DISTRICT SHALL EARNESTLY ENDEAVOR TO PROMPTLY RESTORE ANY UTILITY SERVICE INTERRUPTED BY ITS CONSTRUCTION, RECONSTRUCTION, OPERATION, MAINTENANCE OR REPAIR. WHERE THE INTERRUPTION WOULD CONTINUE FOR SOME PERIOD OF TIME, THE DISTRICT SHALL CONSTRUCT FACILITIES FOR TEMPORARY UTILITY SERVICES. THE UTILITY SERVICES HEREIN INCLUDED SHALL COMPRISE THOSE OF THE VILLAGE AND THOSE FURNISHED BY ANY PUBLIC UTILITY. SECTION 4. THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY AFTER THE PASSAGE HEREOF. -3- Presented: July 19, 2005 Approved: July 19, 2005 Vote: Attest: Nays: 0 Trustees: Ann I. Walsh Village Clerk Passed: July 19, 2005 Recorded: Vote: Ayes: 6 Trustees: Approved: Craig B. Johnson Mayor Village Seal STATE OF ILLINOIS ) COUNTY OF COOK ) SS ELK GROVE VILLAGE ) 1, Ann 1. Walsh Village Clerk of Elk Grove Village, Cook County, Illinois, keeper of the records, files and seal of the said Village, do hereby certify that the above and foregoing is a true and exact copy of an ordinance passed by the Village Trustees of Elk Grove Village on the 19th day of July A.D., 2005, and approved by the Mayor of said Village, who signed the same on the 19th day of July A.D., 2005, as appears from the records and files in my office remaining. I further certify that the seal hereto affixed is the corporate seal of Elk Grove Village. Given under my hand and seal the 20th day of July A.D., 2005. Ann 1. Walsh Village Clerk