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HomeMy WebLinkAboutOrd 368 07/22/1952 ~J ~n 1\ T 11 r lnrlT"'-'~~T~~'-'-'" ~ o .. o Ur4 No. 368 AI( ORDIIAI'CE GRAlfTIJlG A PERPE'l'tJAL EASDElT TO THE SAlfI'1'ARY DISBIOT OJ' CHICAGO Be it Ordained by the President and Board of Trustees of the Village of Mount Prospect, Illinois: Section 1. That subject to the conditions herein- after stated, a perpetual easement, right, and authority be and the same is hereby granted and given to The Sanitary District of Chicago to construct, reconstruct, repair, maintain, and operate an intercepting sewer, drain, and outlet, together with all necessary appurtenances thereto, and CORRecting sewers, all hereinafter designated as "Inter- cepting Sewer," the same to be an adjunct of and addition to the Upper nes Plaines Intercepting Sewer, the Salt Creek Intercepting Sewer, the West-Southwest Sewage Treatment Works, and the Main Channel ,of The Sanitary District of Chicago, upon, under, and through certain streets, public alleys, and highways of the Village of Mount Prospect, Within the territorial li.:1.~. of 8aid Village of Mount Prospect traversed by the right of way of the Intercepting Sewer, Which right of way i8 described as follows, to-wit:, That part of Nt. Prospect Road lying between the center line of Central Read and the South boundary line of the Village of Nt. Prospect, located along the East and West center line of the Southeast Quarter (sEi) of Section Twelve (12), Township Forty-one (41) Korth, Range Eleven (11) East of the Third Principal Meridian; All as shown colored in red on the plat marked "Exhibit A," attached herete'and made a ,art hereof; That part ot ElmAurst j~d (Illinois Highway 10. 83) located betweeD the South line extended of Council Trail and the South line extended ~st of Man-Awa Trail; I I I I L ~. ~.. J rr "" r . 'I - ~ .0 o - 2 - That part ot a public park located between the Northerly line ot the right ot way ot the Weller Creek Drainage !>itch and the Southerly line ot Lot fwo (2)ot Block Two (2) in Moehling's Pleasant~!>ale Subdivisionl being a subdivision ot part ot the Southwest Quarter (SW!) ot Section fwelve (12), Town- ship Forty-ene (~l) Horthl Range Eleven (11) East ot the Third Principal Meridian, and extending trom the East line ot Elmhurst Road (Illinois Highway Ho. 83) to the East line extended South ot said Lot Two (2) ot Block Two (2)j That. part ot a public park located between Council Trail and Man-Awa Trail and extending trom the West line ot Elmhurst Road (Illinois Highway No. 83) to the East line ot See-Gwun Avenue' That part ot Man-Awa Trail located between the East line exten~ed ot We-Go Trail and the West line extended otWa-Pella Avenuej That part ot See-Gwnn Avenue located between the North line extended ot Man-Awa Trail and the South line extended ot.Lincoln Streetj That part ot Lincoln Street located between the East line extended ot See-Gwun Avenue and the West boundary line ot the Village ot Mt. Prospect, said boundary line being also the North and South center lineot the Southwest Quarter (nt) otSection Eleven ell.}, Township Forty-one (41) Horthl Range Eleven ell) East ot the Third Principal Meridianj , All as shown colored in red on the plat marked "Exhibit B," attached hereto and aade a part hereot; All situated in the Village ot Mount Prospectl County ot Cook, and State of Illinois. Section 2. That the Intercepting Sewer shall be constructed in open cut or tunnel, and the location, size, and manner of construction ot the Intercepting Sewer shall be in accordance with plans and specifications adopted by The Sanitary District ot Chicago. o o -J- Section J. That the rights hereb~ granted to The Sanitary District of Chicago are so granted upon the following conditions: (a) That The Sanitary District of Chic~go shall at its own expense make such changes in the location of the police and fire alarm, elec- tric light and traffic signal wires, cables, and accessary equipment of the Village of Mount Prospect as may be ren- dered necessary by the construction of the Intercepting Sewer of The Sanitary District of Chicago; provided such changes are made in a neat and workmanlike manner. (b) That the Intercepting Sewer of The Sanitary District of Chicago shall be constructed, re- constructed, repaired, and efficiently main- tained and operated solely by The Sanitary District of Chicago at its sole cost and ex- pensej 9.nd theeaid Village of Mount Pros- pect shall not be held responsible in any manner for the location or manner of con- struction, reconstruction, maintenance, re- pair, or operation of the same. (c) That The Sanitary District of Chicago shall indemnify and hold harmless the Village of Mount Prospect from any and all claims for damage to real and personal property and injuries or death suffered'by persons by reason'of the const~uction, reconstruction, repair, maintenance., or operation of the Intercepting Sewer within the corporate limits of Baid Village of Mount Prospect. (d) That The Sanitary District of Chicago agrees that in the event that any of the pavements of streets, puhlic'alleys~ and highways, walks,' cross walks, curbs, gutters, catch basins" and/or other public property of the Village of Mount Prospect are destroyed, damaged, or interfered with by the con- struction, maintenance, repair or opera- tion of the Intercepting Sewer, or by any work required in the maintenance, remov- ing, altering, or repairing of water mains and their appurtenances, necessitated by """wl"'J(?'J!':::'Rf~r=trr!l1'1l'if~nmlI11f 1'~'lIrfm' =w....r'lJi! o o -4- said construction;l maintenance, repair. or operation, 'The Sanitary District of Chi- cago shall, at its own sole cost and expense, restore said public property of the Vil- lage of Mount Prospect to its former con- dition of usefulness as soon thereafter as is practicable after any of said property has been so disturbed or interfered with. / All surplus excavation and other spoil . shall be removed from the paved streets, public al~eys, and highways by The Sani- tary District of Chicago within a reason- able time. The, public use of said streets, public alleys and highways within the Vil- lage of Mount P~ospect, above specitied, shall not be unnecessarily interrunted or interfered with. - (e) That as far as it is practicable, The Sanitary District of Chicago shall con- struct and maintain temporary bridges for both street and foot traffic until. the pavements, walks, and cross walks removed or disturbed by reason of said work of construction shall be restored to their former condition of useful- ness. (f) That the Village of Mount Prospect does hereby order and direct all persons, partnerships, or corporations who shall at the time of the construction'of the' Intercepting Sewer own, operate, or' maintain any conduits, wires, poles, pipes, gas mains, cables, electric, steam and'street railway tracks and equipment, or other structures with- in any' portion of the streets, public alleys, and highways to be excavated in the construction of the Intercept- ing Sewer at his, its, or their own expense, to make such changes in'the location of such conduits, wires, '""1r o o - 5 - poles, gas mains, cables, electric, steam and street railway tracks and equipment, "or other structures, as may be rendered'necessary by the construction of the Intercepting Sewer; provided, how- ever, that the Village of Mount Prospect shall not be liable for any damages what- soever due to the failure of any person, partnership, or corporation, to carry out and perform the provisions aforesaid. (g) That The Sanitary District of Chicago and its contractors are hereby given and granted the right to use in the construction of the Intercepting Sewer, trucks and excavating equipment on the surtace of said streets, public alleys, and h~ghways, and may also use in said construction such exeavators, hoisting engines~ and other plant and equip- ment as maybe necessary tor the complete construct ion of said work; provided" however, that such use will not damage existing under- ground utilities or conflict with existing ordinances of the Village of Mount Prospect. (h) That in all eases where it shall become and be necessary to maintain water service, main- tain, remove, alter, repair, or restore water mains in the streets, public alleys, and highways of the Village ot Mount Prospect on account of the construction, repair, mainten- ance, operation, and existence of the Inter- cepting Sewer, The Sanitary District of Chicago is hereby authoriz'd and directed to maintain water service, maintain, remove, alter, repair, or restore such water mains at its sole cost aQd expense. In all eases where it shall become and be necessary that water serviee pipes be removed, cut otf, or damaged in any way on account of the construction of the Intercepting Sewer, The Sanitary District of Chicago is hereby au- thorized and directed to remove, alter, repair, or restore such water service pipes at its own cost and expense. In any open cut. work done under this ordinance, wherever water pipes or their appurtenances cross the trench at the Intercepting Sewer with- out cutting through its or their cross section, The Sanitary Dist~lct of Chicago shall support said water pipes and appurtenances ana maintain service thereot without interruption until the work thereabouts i8 completed~ o o - 6 - (i) That the Village Clerk is hereby author- ized and directed to issue, without fees or cost therefor, to The Sanitary District of Chicago or to any contractor to wbom the work or any part thereof speeified in this ordinance shall be awarded, all per- mits or licenses required for doing said work and shall not require from The Sani- tary District 'of Chicago or its said contractors the deposit of any sums of money now required under the ordinances of the Village of Mount Prospect for similar work, and shall furnish to The Sanitary District of Chicago or its contractors at any existing water connection or hydrant, all water needed in the performance of said work at the lowest regular rate charged by the Village of Mount Prospect to its con- sumers, all said water to be measured through meters furnished by The Sanitary District of Chicago or its contractor, and, further, shall not require the payaent by The Sanitary District of Chicago of any fees or salaries tor inspectors employed by the Village of Mount Prospect on sald work~ Section~. The Village of Mount Prospect does hereby agree that before passing any ordinance for the in- stallation, construction, extension, or reconstruction, modification, or chaBge of any deseriptioB of any sewer or system of sewers to care for domestic sewage or drainage, that it will first procure the approval of the Chief Engineer of The Sanitary District of Chicago of all plans and specifi- cations for the installation, construction, extension, recon- struction, modification, or change of any sewer or system of sewers, which plans and specifications shall conform to the rules and regulations of The Sanitary District of Chicago for connections to sewers and the maintenance thereof. And any such sewer or system of sewers shall be so eonst~cted and maintained so as to prevent a leakage or seepage of ground water into the same in excess of five thousand (5,~OO) gallons of water per mile of sewer during anyone period of twenty- four (24) consecutive hours. L~ ~ o o -7- Section 5. This ordinance shall be in force and effect from and after its passage and approval, and the acceptance of the same by The Sanitary District of Chicago within ninety (90) days from the date of the passage thereof, which acceptance shal~ be evidenced by a certified copy pf the order, resolution, or ordinance of the Board of Trustees of The Sanitary District of Chicago accepting the same filed with the Village Clerk of the Village of Mount Prospect. Presented: Ju Iy :<2 19-5-Z .) rJlt/y.2~ 1952 ~ /7 2~ 19S-2 VOTE: - Ayes Trustees: &Y~1 e , .Tb bCJTS'ol] J..QI11S J...q. J V'.,.. .J 'W ~j €.' Nays . '",1 e r; ,.' J SO't-v Trustees: APPROVED: ~ None, L~~- President, Village of Mount Prospect. PAssed: Approved: ATTEST: ___/;"% '1-. tii " . /~:. - ~et~-cr~ o o - 8 - APPROVED FOR THE SAlUTARY DISTRIC'l'OF CHICAGO - As Approved: As to ccc"n_, , o o - 9 - STA'l'E OF ILLIlfOIS COUNTY OF COOK SS VILLAGE OF MOmrr PROSPECT. I~ ' Village Clerk of the Village of Mount Prospeet,ook County, Illinois, keeper of the records, files, and seal of said Village, do hereby certify that the above and foregoing is a true and exact copy of an ordinance passed by the Board of Trustees of the Village of Mount Prospect' on the A 2 ~ day of ~ 1;/ , A.D., 1952, and approved by the President of' said Village, who signed the salle on the 22 Ad ds;,- ef r;;;t 1;/ ' A.D. , 1952, as appears trOll the records and files in my office remaining. I further certify that the seal hereto affixed i8 the corporate seal of the Village of Mount Prospeet. GIVEN under lilY hand and seal this ...z ..3~day of ~1 , A.D., 1952. ~~~--- age er VILLAGE OF JIIO... PIlOS CIf T 1oC.a it"~. \\ l h Chi.,., A~. la, 1952. To ,he a...._le, tM ""a14.1ent aDd __be" ot \be Boari of 'trwrt... of The SanlMrJ' Dl.~lcrt of Chi..... Gent.le_n: Your e..1\te. on Iql.neenaa Npor$8 \bat; 1'18. ln reeelpt ota comaun1oa'loa trOll t.Chiel lkllwer ln wbiG he .4",1... tJiat 1a GOJmeoU- ,,1th the cenet.runloa. of U".I" De. FlaiM. Ia-.rcept1A& Sewer, Con1U-ana 10. U-A &ad. 11-1,1\ 1. De.....,. ,. obuin ......." trOll ~ Vlllap of Mount hoe,.... coverll'l1 tbe work to ... 4.. upon, \JiDder, &ad 'brouab Hrtaln .,".~.p.abUc al1Aara, aadb1&bR18 in ..14 Vl1lap, and. .,., ,he Pre.lel.a' udBoard. or 'rru.au.. or Mid. YllJ.ap of Mo." . h..,... .. July II, 19'2, ,....4 an oJ'tU.un. gan-t,lq -. ........,. ....- men' rip'. to TM Sanluary Dt.tri., of Cb1IQO, tON of "bloh ordinaace 1. .....1'"" '1"__1 'te4 to the Board. hariq beea ap,..oved b1 the Attomer ud. Chi.f Iq1JlMl", whloh orilnanH ",v.i.re. 'ba' tbe ... be &0..".4 by The Sani\al'7 Dt.viet of Chioa.ae w1"b1n JdMt14&78 from \M ....otlt. ........ _, the Preal.ua' and Board of Tru... of tAe Villa.. of Mo\m" Prupan. IOUI"' c..s.".... banal 0_14e"4 the .tMI", ......a48 the ....&&_ of the toUMDiol"dtlr.: ORDIUD I That the Ord1u.nH MniDaboYe ret.l"Nd ~O" puMa b7 ~be fr..1__ .. Board. of TruaM.. of tbe V11lap ot Mouat, Proapeot on July 12, 19S2, be uci the .... 1. hereby ...,.4 by The SalUtary 01avl" of Chlcqo; and l' 1.~her OlDllUm: That ,he tona or aa1d ord.lnanoe be prtn_d 1n tbe Pro...dlnp or 'beiloal-<1; &ad. 1t 1. ~r OIDBIWh Tha"be Cle~ of TM San1\U1 Dl.triot ot Ch1cqo 'be and be 1. berelty authorl..d and. 41no.' 1)0 tile with -2- "he Vl1lap Clerk 01 ,. Vllla&e of Molmt, Proa,... eu.ok 4Hu.ab .. _, be --ua.rr "'0 uk. ..14 aoceptaaee ettecHal. ..,.nt,,111 aubld.""d. (~ wm. S. Nordburg rIaaa, ~''" _ GilaMrlal. Approftd. ..\0 'orm aDd Iepli',.: ~ ~ltQ~Y le.. or . . aUllt tome '1 Russell W. Root It_.nut,. N R. 1/ t:.. ~ ~ ~ I\: F. 0 3.5 LANr------- --------- ------------ LANF "- ~ ~ III ~ ~ .... ~ 'I Q ~ ~ llt I '1:, ~I .~' .. ,...-.., E.x.HI 81 T .. A',' ,. THE SANITARY DISTRICT OF' GH ICAGO VILLAGE OF MT. PROSPECT ~ SCALE: 4 = I MI LE . I <I ~I ~I I I i I I .J ~ ~ N Bl./~ ~---- j )II <P · z ----- ----- ~ / ~:..: ..~:;;~"':.Y;.:!~ 'c"('.':~ ~""f"-:"'...;. ;.":':..i"~,:';~("; ~'..: ..-~l.; ?;:.:.~;; ...;...-: ~..:'..! ':..-....~ _"..-:1;.::........:::. .:;: ~:~ ~ :-: ~._..:- ......'";,.. .....J, .....; ':.;';'.:~ ;..:.... ..... .....: .' .";:.'~" .. ..:.::.......~ .::..'~:; ''': :.: ,;'" ,":-...,::.:.:. ;.::-:~: :':':;~":': .:.' !.: '~"'~":':.":'''.. '" '" ., ... l;. /' .;( . ; ..... I.'. . " ' .... ~.; : \:~ . .::~: ::,: ,.a. .... " ":', , 1",.: :i: .', p; '. ,co "/ - ~ ,'-<J f~i ),6 ,,'1 ~ ,;" ;~.; . .~ . '. . " 'A" . ~. ., y " '':: ~ ",' " -\ .~~ ,", ,:. VI E - G-O -0 TR ~ G) <:::> SEE-GWUN ',' .... I,: H,/ .... ',' ~. . lJ) 1] :~ .i;'~' ':~ CAN~ Po TA ~~ ~ ~ ~~ ~ ~ " ~ ~V> ~ AvE AVE -' 1- OKA CXl C) ,<:::: "- r ,l:,. "- "'- ~r AVElrr