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.
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(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.
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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