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Home My WebLink AboutRes 29-87 11/04/1987 RESOLUTION NO. 29-87 - -~ -- A RESOLUTION AUTHORIZING THE EXECUTION OF A GRANT OF EASEMENT AGREEMENT BETWEEN THE NORTHERN ILLINOIS GAS COMPANY AND THE VILLAGE OF MOUNT PROSPECT WHEREAS, the NORTHERN ILLINOIS GAS COMPANY (hereinafter referred to as "Grantor") is the owner of the property legally described as follows: The North 50 feet of the East 30 feet of the West 895 feet of the West half of the Northwest Quarter of Section 36, Township 42 North, Range 11 East of the Third Principal Meridian, all in Wheeling Township, Cook County, Illinois; and WHEREAS, Grantor hereby grants an exclusive perpetual easement to Grantee for the purpose of the installation, operation, maintenance, relocation, renewal or removal of underground sewer and its appurtenances; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTYp ILLINOIS: SECTION ONE: That the Mayor is hereby authorized to sign and the Clerk directed to attest her signature on the Grant of Easement between The Northern Illinois Gas Company and the Village of Mount Prospect, a copy of which is attached hereto and hereby made a part hereof as Exhibit "AR. SECTION TWO: That a certified copy of this Resolution and Grant of Easement shall be recorded in the Office of the Recorder of Deeds or registered with the Registrar of Titles, whichever is applicable. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES:Farley, Floras, Murauskis, Van Geern, Wattenberg NAYS:None ABSENT:Atthur PASSED and APPROVED this 4th day of November , 1987. ca(~tH. fra¿:~~ Mayor 7~~~ Carol A. Fields Village Clerk ,-,-,'~'CC",~',-,---,'---" '-"'c'--'~~~'m',',"""',<"',',m"~..",m....,.....,..,,,.."."..-c.-,c,...,',',,-,,',.-,-,,',',-,',',',',W,',-,',-m,-,w,w,w,w,','m,'m,-=-~,-.mr-""'" "-,,, ,.'" This Instrument Prepared By: Ed Dieser P. O. Box 190 Aurora, Illinois 60507 See. 36 Twp. 42N Wheeli~Twp. Range llE Cook County Parcel No. 1-2RDS SEWERLINE EASEMENT The undersigned, Northern Illinois Gas Company (whether one or more referred to as "Grantor"), 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, hereby GRANTS and CONVEYS unto the Village of Mount Prospect, an Illinois Corporation (the "Granteell), an exclusive perpetual easement in, under, along and across Grantorls following described property (hereinafter referred to as the IIEasement Propertyll) situated in Cook County J Illinois: The North SO feet of the East 30 reet of the West 895 feet of the West half of the Northwest Quarter of Section 36, Township 42 North, Range 11 East of the Third Principal Meridian, all in Wheeling Township, Cook County, Illinois. ror the installation, reinstallation, construction. reconstruction. ..._.~_..__...._-_._.._..._.n'."'_"_.,--"-,,.. ........,......."..".....-.......-.....-.....-Nm.-.-....-.......--_._..."......-.-.'.'.'.'.-.-.-,='oWoW.-.W.'=.'.'.-.w.'.'.'.'.'.---.'.'>.'.'.'.'.'.'.'.'.'.wN.w>.'.'"n.".""ê."'.'.'.'.'.'.'."."'.'.'..".C.W.-..w.W'......_...-. inspection, operation, repair, maintenance, replacement or alteration of a sewerline and necessary or convenient appurtenances thereto for the transmission, distribution or transportation of any substance or commodity, whether in a liquid, solid or gaseous state, together with the right of ingress and egress thereto. Grantor hereby expressly agrees that in the ~vent the route of the sewerline to be constructed hereunder should cross any areas, which by their nature require additional working space (including, without limitation, any roads, railroads, creeks, rivers or waterways), Grantee shall have the right to the use of and temporary access to such additional working'space on any property owned by Grantor and located in the immediate vicinity of the Easement Property, all as required by Grantee for the installation, reinstallation, construction,. reconstruction, inspection, operation, repair, maintenance, replacement or alteration of the subject sewerline. Grantee agrees to pay Grantor any and all damages which Grantor suffers by reason of Grantee's use of and access to such additional working space. 1. Grantor's Use. Grantor reserves the right to use the Easement Property in any manner not inconsisitent with the rights granted herein; provided, however, that Grantor shall not build~ construct, erect or place, or permit others to buil~, construct, erect or place, any structures or improvements (including~ without limitation, buildings, utility poles, utility lines, railroad tracks or public roads) above, over, in, upon, across, along or under the Easement Property without the prior written consent of Grantee. 2. Harmless. Grantee shall defend, indemnify and hold harmless Grantor and any tenant of Grantor of and from any liability or damages or claims arising from the operations or activities of Grantee herein. 3. Damages and Expenses. Grantee will reimburse Grantor and any tenant of Grantor, as their respective interests may appear, for any damages to livestock, crops, drain tile, equipment, machinery or improvements caused by the operations or activities of the Grantee hereunder; provided, however, that the Grantee shall have the right, without liability or obligation to Grantor or any tenant of Grantor, at any time and from time to time to cut or clear trees, brush or other obstructions within the Easement Property which in Grantee's opinion might interfere with the installation, reinstallation, construction, reconstruction, inspection~ operation, repair, maintenance, replacement or alteration of Grantee's facilities. If any fence or portion thereof opened or removed by Grantee during the exercise of any of its rights hereunder encloses an area where livestock is regularly kept by Grantor, Grantee shall erect such temporary fencing as is reasonably necessary to contain such livestock, which temporary fencing shall be at least as secure as the fencing which was opened or removed. 4. Tile. If existing drainage tile is encountered in the installation-or the sewerline, or if, prior to excavation for such installation, Grantor advises Grantee in writing of a proposed installation of drainage tile and indicates the exact proposed location thereof, Grantee shall install the sewerline either above or below (us Grantee shall determine) said existing or proposed drainage tile. All drainage tile damaged by Grantee shall be replaced in kind and supported by and wired to a cradle of sufficient strength so that backfill material will not cause it to bend or settle. -2- .. . ./,<",'XC'C'" 5. Dr~ 4ge Courses. All drainage ditches, wat~~~ays or surface drains crossed by the sewerline shall be restored to their original condition and seeding. Where it is necessary to fill these ditches, waterways or surface drains for the construction, a culvert of sufficient size and strength to prevent flooding shall be placed in said ditches, waterways or surface drains before filling and said culvert may be removed upon completion of construction at Grantee's option. 6. Non-use. In the event Grantee shall cease operating the sewerline herein provided for, fora period of ten (10) consecutive years, Grantee shall, upon request of Grantor, release all or a part of the right secured to it in the Easement Property or any portion therof by recording release thereon with the Recorder of Deed of County in which the Easement Property is located. On termination or expiration of this Agreemtn for an reason, all sewerlioe may be left in pla~e at the option of Grantee. DATED this ;lIsT day of r - /j- ... -"'.. :;? e" r I .e J"Y1 D If' /f. 19?? GRANTOR: NORTHERN ILLINOIS GAS COMPANY ~~ ¡J. J1u4 tl!l¡ Senior Vice President GRANTEE: VILLAGE OF MOUNT PROSPECT ~1 / /v 1/ ¡f 1/ B Y (A2"fc;lt.~ /Y - ¡v { c~~ T i tIe ì/lr¡j;¡fJG /í('~5 I 7/ aU f -3- . '", ,'" STATE OF ILLINOIS ) ) ) I, 'i.\~ -::s::. s~~'c."à. , a Notary PubHc, in and for the said County, in the State aforesaid, do hereby certify that Co.'fð\'i r\ \-\. \L'«Ä\J\.~ \ '\.) ~ \\c\.'y~ ~~~\ èul.f,:\ 5S COUNTY eOOL personally known to me to be the same person whose name subscribed to the appeared before me this day in person, and acknowledged that ~\~ and del ivered the said instrument as~" free and voluntary purposes therein set forth. foregoing instrument, signed, sealed act, for the uses and Given under my hand and HotarialSeal, this 4~ day of Ncù , 19~1 \(~ -~ ~c.1v~ Notary Publ ic My Commission Expires: ì- 13'- '6 '6 STATE OF ILLINOIS ) ) ) 5S COUNTY OF I, #.¡) ';;,Es";- /l.- , a Hotary Public, in and for the said County, in t~State aforeSï'd, do hereby certify thatR,,¡s¿t..I.. 1i.>/J,.,iT{;',.IuNt... Vice President, and ':';'0, Sì?1 IT/; , Assistant Secretary of NORTHERN ILLINOIS GAS COMPANY. who are personally known to me to be the same persons whose names are subscribed to the fore- going instrument as such fr~/~ ø'\.. Vice President and Assistant Secretary, appeared before me this day in person, and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act, and as the free and voluntary act of said NORTHERN ILLINOIS GAS COMPANY for the uses and purposes therein set forth, and caused the corporate seal of said Company to be thereto attached. (Jiven under my hand and Notarial Seal, this)/Jrday of$rlf;:!AJJ,J.<t' 19Ý?' CJD~ Notary Pub Ii c My Commission Expires: /0- :) .-Ç-~ 99!1ii 8-7'