HomeMy WebLinkAboutRes 04-93 01/19/1993 AF/
1/15/93
RESOLUTION NO. 4-93
A RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT
AGREEMENT FOR A PERPETUAL EASEMENT AND THREE TWO-
YEAR CONSTRUCTION EASEMENTS TO THE VILLAGE OF
ARLINGTON HEIGHTS ACROSS MWR DISTRICT PROPERTY COMMONLY
KNOWN AS NICHOLAS J. MELAS PARK FOR INGRESS AND
EGRESS TO AND CONSTRUCTION, OPERATION AND MAINTENANCE
OF ITS WELLER CREEK RELIEF SEWER SYSTEM IN MOUNT PROSPECT
WHEREAS, the Metropolitan Water Reclamation District (MWRD) owns
and maintains certain property located within the corporate limits
of the Village of Mount Prospect; and
WHEREAS, the Village of Mount Prospect and the MWRD have entered
into agreements from time to time relative to the use, permanent or
temporary, of properties owned by MWRD.
WHEREAS, it has been determined by the corporate authorities of the
Village of Mount Prospect that the best interests of the Village
would be served by entering into the Agreement as it pertains to
Melas Park and being the subject of this Resolution, a copy of
which Agreement is attached hereto and hereby made a part hereof as
Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That the Mayor and Board of Trustees of the Village
of Mount Prospect do hereby authorize the execution of an Agreement
between the Village of Mount Prospect and the Metropolitan Water
Reclamation District relative to property commonly known as Melas
Park, a copy of said Agreement is attached hereto and hereby made
a part hereof as Exhibit "A".
SECTION TWO: That this Resolution shall be in full force and
effect from and after its passage and approval in the manner
provided by law.
AYES: Corcoran, Floros, Hoefert, Wilks
NAYS: None
ABSENT: Busse, Clowes
PASSED and APPROVED this 19th day of January , 1993.
ATTEST: Mayor /
/
Carol A. Fields
Village Clerk
FMF'.JMH:rk (Rev. 5/92)
EASEMENT AGREEMENT FOR A PERPETUAL EASEMENT AND
THREE TEMPORARY TWO-YEAR CONSTRUCTION EASEMENTS
TO THE VILLAGE OF ARLINGTON HEIGHTS
ACROSS DISTRICT PROPERTY COMMONLY KNOWN AS NICHOLAS J. MELAS PARK
FOR INGRESS AND EGRESS TO AND CONSTRUCTION, OPERATION AND
MAINTENANCE OF ITS WELLER CREEK RELIEF SEWER SYSTEM
IN MT. PROSPECT, ILLINOIS
THIS AGREEMENT, made and entered into this 5th day of November. 1992, by and
between the METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO,
a municipal corporation organized and existing under the laws of the State of Illinois,
hereinafter called the "District" and the VILLAGE OF MT. PROSPECT, a municipal
corporation organized and existing under the laws of the State of Illinois. hereinafter called the
"Village", and the VILLAGE OF ARLINGTON HEIGHTS, a municipal corporation organized and
existing under the laws of the State of Illinois, hereinafter called the "Grantee.'
WHEREAS, the Grantee desires a perpetual easement and three temporary two-year
:'.C~t~.struction easements as part of Phase I of its Weller Creek Sewer System plan, as follows:
1 .... A perpetual easement, 60 feet in width and 1830 feet in length, for the
· ' ~stallation of a 108" diameter sewer.
~ .' :A temporary easement. 75 feet x 980 feet to facilitate construction of the 108
...... ... nch combined sewer tunnel. This temporary easement is for two years.
3.:...A second temporary easement, 305 feet x 470 feet located south of the first
temporary easement, for construction of a proposed temporary parking lot. This
temporary easement is for two years.
4. A third temporary easement, 245 feet x 390 feet located south of the second
temporary easement, for construction of a proposed connecting structure,
deep dropshaft and air vent shaft. This temporary easement is for two years; and
WHEREAS, the District is willing to grant to the Grantee the easement aforesaid, upon
the conditions hereinafter set forth;
NOW THEREFORE, for and in consideration of the representations, covenants, condi-
tions, undertakings, and agreements herein made, the parties hereto agree as follows:
1.01 NI of the foregoing recitals are incorporated by reference herein and made a part
hereof, which constitute the factual basis for this transaction.
1.02 The District hereby grants unto the Grantee a non-exclusive perpetual easement,
right, privilege and authority, commencing on December 1. 1992, to construct, reconstruct,
operate, maintain and remove its improvements and facilities and access thereto, as legally
described and depicted in Exhibit A which is attached hereto and made a part hereof, and for no
other purpose whatsoever. The improvements and facilities consist of:
1. Approximately 1700 feet of 108" relief sewer at a minimum depth of 50 feet
below ground to be constructed in tunnel;
2. A District connecting structure;
3. A deep dropshaft to the District deep tunnnel;
4. An overflow pipe connected to the Grantee owned existing overflow conduit.
= o.. e. 1 .,,3 3 The Grantee covenants and agrees in consideration of the grant of said easement,
.~t3ay to the District a one time easement fee payment of TEN AND NO/100 DOLLARS ($10.00)
'~)n{empora~'~(~sly with Grantee's execution and delivery hereof.
.'-.-.. 1.0~, .In addition to the aforesaid, the Grantee shall also pay, when due, all real estate
· ' a" e
· . ~.a~es and ments that may be levied, charged or imposed upon or against the easement
.oremises described i~ Exhibit A and submit to the District evidence of such payment within 30
2.01 Grantee shall construct, install, operate, maintain and remove the improvements
and facilities in a good and workmanlike manner at its sole cost, risk and expense.
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3.01 The construction and installation of the improvements and facilities of me
Grantee on the subject premises shall be in accordance with plans and specifications therefor
prepared at Grantee's expense and supplied to the District by the Grantee. No work shall
~3mmence until said plans and specifioatlons have been approved In writing by the Chief
Engineer of the District.
3.02 The construction and installalion of the improvements and facilities by the
Grantee on the subject premises shall be done to the satisfaction of the Chief Engineer of the
District.
3,03 The Grantee shall compensate the District for any additional costs that the
DistrM may sustain in any future construction of sewers, reservoirs or any other surface or
underground structures eausad by the improvements and facilities of the Grantee on the subject
premises.
3.04 Upon completion of the construction of the clropshaff and connecting structures by
the Grantee, the District shall assume ownership of the TARP structures defined as the
connecting structure, dropshaff, the conduit between the connecting structure anti the dropshaff.
and the exit conduit. Since the District will assume the ownership of the clropshaft, the
· .C~.r~necting structure and the ~ondult between them, these structures and all of the asso~ated
:o~l..~ment--- and accessories shall be similar to those used by the District on the recen{
"B~S~Ptalnes.TARP projects, be operable with existing District facilities and sub.iect to written
..-a..l~l~r, oval by, the District.
· .
..... . 3.0 e Grantee shall relocate or remove the improvements existing or constructed
'*u.'p~ the sub~.ect premises at no cost to the District:
a. In the event that the subject premises are adjacent to any channel,
waterway or reservoir, and said channel, waterway or resewolr is
to be widened by the District or any other governmental agency; or
b. in the event that any agency of government, having jurisd~ion over
said channel, waterway or resan~otr requires the relocation or removal
of said improvements; or
c,. In the event tllat said relocation or removal Is required for the Corporate
purposes of the District.
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4.01 The District expressly retains its interest in and rights to the use and occupation
of the easement premises subject to the easement rights herein granted, and the District may
grant further easements, assign, sell or lease the same to other parties subject to the Grantee's
right of use and a reasonable means of access to said improvements and facilities for
construction, reconstruction, operation, maintenance or removal thereof.
4.02 The Grantee shall be solely responsible for and shall defend, indemnify, keep and
save harmless the District and the Village of Mt. Prospect, their Commissioners, Trustees,
officers, agents and employees, against all injuries, deaths, losses, damages, claims, patent
claims, liens, suits, liabilities, judgments, costs and expenses which may in any wise accrue,
directly or indirectly, against the District or the Village of Mt. Prospect, their Commissioners,
Trustees, officers, agents or employees, in consequence of the granting of this Easement, or
which may in anywise result therefrom or from any work done hereunder, whether or not it
shall be alleged or determined that the act was caused through negligence or omission of the
Grantee or Grantee's, contracts, subcontractors or their agents, unless the liability results
solely from the negligent acts or omissions of the District or the Village of Mt. Prospect, and the
Grantee shall, at Grantee's sole expense, appear, defend and pay all charges of attorneys and all
costs and other expenses arising therefrom or incurred in connection therewith, and, if any
judgment shall be rendered against the District or the Village of Mt. Prospect, their
?~(~missioners, Trustees, officers, agents or employees, in any such action, the Grantee shall,
· .'.~'t.he Grant~.e;s sole expense, satisfy and discharge the same, provided that Grantee shall first
..'n.a. ve been'~iYe~ prior notice of the suit in which judgment has been or shall be rendered,
· ' °G~ntee st~ll~F~ve been given an opportunity to defend the same and the District or the Village of
.' .' .'10~ -' Prospe~..sball have given Grantee their full cooperation. Grantee expressly understands and
· .;.ag.r;,ees thaJ~r~¥ performance bond or insurance protection required by this easement, or
· otWerwise provided by Grantee, shall in no way limit the responsibility to indemnify, keep and
save harmless and defend the District and the Village of Mt. Prospect as herein provided.
4.03 The Grantee, prior to entering upon said premises and using the same for the
purposes for which this Easement is issued, shall prepare and transmit to the District an
acknowledged statement that the Grantee is a self-insurer, and that such statement is issued in
lieu of certificates of insurance in which the District and the Village of Mt. Prospect are named
insureds, and that it has funds available to cover those liabilities in the respective amounts
therefor, as set forth as follows:
COMPREHENSIVE GENERAL UABIUTY
Combined Single Limit Bodily Injury
Liability and Property Damage Liability in
the Amount of not less than $3,000,000.00
This statement shall be signed by such officer or agent Of the Grantee having sufficient
knowledge of the fiscal structure and financial status of the Grantee, to make such a statement on
behalf of the Grantee.
ARTICLE FIVE
5.01 In the event of any default on the part of the Grantee to faithfully keep and
perform all singular the covenants, agreements and undertakings herein agreed by it to be kept
and pedormed, or if said relief sewer and dropshaff are abandoned, the District shall give the
Grantee notice in writing of such default or abandonment; and if such default or abandonment
shall not have been rectified within thirty (30) days after receipt of such notice by the
Grantee, all rights and privileges granted herein by the District to the Grantee may be
terminated by the District; and upon such termination, the Grantee shall immediately vacate the
easement premises and remove its improvements and facilities from said real estate and restore
..th.e. land to its condition prior to Grantee's entry thereon, all at the sole cost of the Grantee.
5.02 The Grantee shall have the right to give the District written notice to cease and
°t.~rn{inate al~'~[~ts and privileges under this agreement. In the event of such termination, the
.~'Gf.~Dtee shall I~ave a period of one-hundred twenty (120) days from and after such termination
=:[l{~ to remove '~he and to restore the land to its original condition at no cost to the District.
The e~x~iration of said removal and restoration date shall in no event extend beyond the
· · e'xp~rat~on date of this Easement,
5.03 The Grantee understands and agrees that upon the termination of this Easement,
Grantee shall remove or cause to be removed its improvements and facilities and any other
things which Grantee has erected or placed upon said easement premises. Grantee further
agrees to yield up said easement premises in as good condition as when the same was entered
upon by the Grantee. Upon Grantee's failure to do so, the District may do so at the sole expense
and cost of Grantee.
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6.01 The Grantee also agrees that if the District incurs any additional expense for
additional work which the District would not have had to incur if this easement had not been
executed, then, in that event, the Grantee agrees to pay to the District such additional expense as
determined by the Chief Engineer of the District, promptly upon rendition of bills therefor to
the Grantee.
6.02 The Grantee covenants and agrees that it will reimburse the District, make all
necessary repairs at its sole cost and expense and otherwise keep and save harmless the District
from any loss, cost or expense arising out of the granting of this easement suffered to property
of the District by way of damage to or destruction thereof, caused by any act or omission of the
Grantee, Grantee's agents, employees, contractors, subcontractors, or anyone else acting
through or on behalf of Grantee, its agents employees, contractors, or subcontractors.
6.03 During the term of this easement, the District shall not be liable to the Grantee
for any loss, cost or expense which the Grantee shall sustain by reason of any damage to its
property or business caused by or growing out of the construction, repair, reconstruction,
maintenance, existence, operation or failure of any of the sewers, structures, channels or other
works or equipment of the District now located or to be constructed on said premises, or on the
'l,a'r~ of the District adjacent to said premises.
.... : ARTICLE SEVEN
· .
':':'":i"' 7.0'l:"Detailed plans of subsequent construction or material alteration of-said relief
.-s,evger and ~rb~Shaft shall first be submitted to the Chief Engineer of the District for approval.
Work on such aforesaid improvements shall not begin until such approval is given to Grantee in
writing.
7.02 Grantee shall obtain such permits as may be necessary from the Illinois
Department of Transportation, the Corps of Engineers, U.S. Army and any other governmental or
regulatory body having jurisdiction over Grantee or its activities hereunder.
-6-
7.03 Any notice herein provided to be given shall be deemed properly served if
delivered in writing personally or mailed by registered or certified mai[, postage prepaid, to
the District in care of the General Superintendent, 100 East Erie Street, Chicago, Illinois
60611. or to the Grantee in care of:
Village Manager Village Manager
Village of Arlington Heights Village of Mt. Prospect
33 S. Arlington Heights Road 100 S. Emerson Street
Arlington Heights, Illinois 60005 Mt. Prospect, Illinois 60056
or to such other persons or addresses as either party may from time to time designate.
8.01 The Grantee, prior to entering upon said premises and using the same for the
purposes for which this Easement is granted, shall, at Grantee's sole cost and expense, obtain all
permits, consents and licenses which may be required under any and all statutes, laws.
ordinances and regulations of the District, the United States of America, the State of Illinois, the
County, or the city, village, town or municipality in which the subject property is located, and
· . fu.r. nish to the District suitable evidence thereof.
8.02 The Grantee covenants and agrees that it shall strictly comply with any and all
°-,s'ta~utes, la~s,*grdinances and regulations of the District, the United States of America, the State
...~o.f.!llinois. i~.'~ounty and the city, village, town or municipality in which the subject property
.'. oi[s.'l.ocated,~/~ic[h in any manner affect this Easement, any work done hereunder or control or
"""l~t in an~ ~a~ the actions of Grantee, its agents, servants and employees, or of any contractor
· --gr :subcon~'~tor of Grantee, or their employees.
8.03 All surface rights to the easement premises are retained by the District.
8.04 The Grantee agrees to protect all existing District facilities within the proposed
easement premises, including, but not limited to, intercepting sewers, sludge lines, utility
lines, dropshafts, connecting structures, siphons and manholes.
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IN WITNESS WHEREOF, on the day and year first above written, the parties hereto
have caused these presents, including Riders and Exhibits, if any, to be duly executed, duly
attested and their corporate seals to be hereunto affixed.
METROPOUTAN WATER RECLAMATION DISTRICT
OF GREATER CHICAGO
By: Nancy/u~rew Shee~an, Chairman
Committee on Finance
ATTEST:
Gus O. Scia~J:lua, cJe/rk
VILLAGE OF MT. PROSPECT
__
· . ~TrEST:
:.j.."
..... Clerk
~'.q. :...
...... ' ' ' VILLAGE OF ARLINGTON HEIGHTS
.. .:::
- · ~ ' git:
Clerk
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TATE OF ILLINOIS )
) ss.
COUNTY OF COOK )
I,~ a ~k)tary Public in an~d for said County, in the
State aforesmd, DO HEREBY CERTIFY. t~at k.~.-'~.~-~.~,. L_ Y'~e-~'~-~,l , personally
known to .m.e to be the/~resident.of ~..~.~,c.~ c)~ ~'-~.,~-c-'"~=~" .
a corporahon, and k.:~.~; (5,, ~:[ -~L.'t~c. ' ,
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
~ ~L.~-F.C,;.( President and such Clerk . (Secretary) they signed
and delivered the said instrument as XI ,~.~.~
President and such Clerk (Secretary) of said ~]-L.'--_- '
corporation and caused the corporate seal of said 'x)&~.~c~-
corporation to be affixed thereto pursuant to authority given by the Board of ~
of said "J ~,~...~c~, ' corporation, .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 thlsT.-7..~=~clay of ~_~g~.,,./ . A.D.
.:'-':- .: :':
TATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
I,J~ ~/..<~ . a Note? Publio in and for .said County, in tho
State aforesaid, DO HEREBY ~ERTIF~ that ~'Y~c~oJ~ ~,~n3e~ .. personally
known to me to be the President ~f U~=~ ~ ~~ {~ ·
a corporation, and ~~ ~6 u ~ a ,
personally ~own to me to be the same persons whose names are sub~ribed to the foregoing
instrument, appe~ed before me this day in person and severaUy acknowledged that ~ su~
~ ~ . President ~nd such Clerk ~Secretary) they signed
~nd delivered the sai~ instrument as . ~ ~r~
President and such Clerk (Secreta~) of said ~,~ a,
corporation and caused the corporate seal of said [~ ~ ~
corporation to be affixed thereto pursuant to authority given by t~ Board of T~
of said ~ ~L corporation, as their free
and volunta~ act and ~s the free and volunta~ a~ and deed of said [~ [[ ~
cor~ration, for the uses and purposes therein set fo~.
GIVEN under my hand and Notarial Seal this~ day of ~ ., A.D. 19q~
' ~
· .. .. · .... · NOTARY PU~C
TATE OF ILLINOIS )
) SS.
COUNTY OF COOK )
I, Theodore Williamson, a Notary Public in and for said County, in the State aforesaid,
DO HEREBY CERTIFY that Nancy Drew Sheehan, personally known to me to be the Chairman of
the Committee on Finance of the Board of Commissioners of the Metropolitan Water Reclamation
District of Greater Chicago, a municipal corporation, and Gus G. Sciacqua, pemonally known to
me to be the Clerk of said municipal corporation, and pemonally 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 Chairman of the Committee on Finance and
such Clerk, they signed and delivered the said instrument as Chairman of the Committee on
Finance of the Board of.Commissioners and Clerk of said municipal corporation, and caused the
corporate seal of said municipal corporation to be affixed thereto, pursuant to authority given
by the Board of Commissioners 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 ~'day of T-~-P~4r6?, A.D. 19c~.
APPROVED AS TO FO~
Head Ass~stant~torney
· Attorney
.:
A~ROVED:
F-'j- :.-.
.......
.......: .:... General Superintendent