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HomeMy WebLinkAboutResolution #2037RESOLUTION NO. 2037 A RESOLUTION APPROVING AN "EASEMENT AGREEMENT" (SANITARY SEWER) BETWEEN THE CITY OF CANTON AND THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO WHEREAS, the Community Development Committee has determined that it is necessary and in the best interest of the City of Canton that the attached Easement Agreement be approved; and, WHEREAS, the Canton City Council has made a similar deter- mination. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CANTON, Fulton County, Illinois as follows: 1. That the Canton City Council hereby finds the foregoing recitals to be fact. 2. That the attached Easement Agreement, Exhibit A to this Resolution, is hereby approved and incorporated into this Resolution by reference. 3. That the Mayor and City Clerk are hereby authorized and directed to execute and deliver said Easement Agreement on behalf of the City of Canton. 4. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Fulton County, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular meeting this 19th day of July , 1988 upon a roll call vote as follows: AYES: Aldermen Chapman, May, Meade, Sarff, Zilly, Kovachevich. NAYS: None. ABSENT: Aldermen Bohler, Steck. APPROV ~~C%c-U'z'x-~-'a Donald E. Edwards, Mayor. ATTEST: Nan Whi es, City Clerk. ~ .EASEMENT AGREEMENT THIS AGREEMENT, made and entered into this ~ day of July , 1988 by and between THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO, a Municipal corporation, organized and existing under the laws of the State of Illinois, hereinafter called the "District" and the CITY OF CANTON, an Illinois municipal corporation, hereinafter called the "Grantee." WHEREAS, the Grantee desires an easement to erect, construct, install and lay, and thereafter use, operate, inspect, repair, maintain, replace, and remove a sewer and water line and appurtenances over, under and across Grantor's real property as more fully set forth in Exhibit A to this Easement Agreement; and, WHEREAS, the District is willing to grant to the Grantee an easement aforesaid, upon the conditions hereinafter set forth; NOW, THEREFORE, for and in consideration of the representations, covenants, conditions, undertaking and restrictions herein made, the parties hereto agree as follows: ARTICLE ONE 1.01 The District hereby grants unto the Grantee, its successors and assigns, a non-exclusive, perpetual easement, rights, privilege and authority commencing on the date of execution of this Easement Agreement by Grantor and continuing for perpetuity unless sooner abandoned by Grantee. The easement hereby granted is as more fully set forth in Exhibit A to this Easement Agreement, which Exhibit A is herein fully incorporated by reference as though set forth at this Article One verbatim. This Easement Agreement and the easement hereby granted are binding upon the parties hereto and upon each their respective successors and assigns. 1.02 The Grantee covenants and agrees in consideration of the grant of said easement to pay to the District an annual easement fee, as follows: EXHIt3IT A, RESOLUTION I~10. 207 a. The parties herein have agreed and established the easement fee on the date hereof to be the sum of .Zero Dollars ($0.00) per annum. b. For the term of this Easement Agreement, Grantee agrees to waive any .present or future tap on or connection fees for connection to said sewer and water lines so that the Grantor may, at its sole expense, tap on to or connect to said sewer and water lines without payment of any tap on or connection fee imposed by Grantee. However, any such tap on or connection shall otherwise comply with applicable Federal, State, county, or City of Canton taws, rules, ordinances and regulations. ARTICLE TWO 2.01 Grantee shall install, construct and maintain the sewer and water lines thereto in a good and workmanlike manner at its sole cost, risk and expense and shall save Grantor whole and harmless from any claim for damage or injury relating to or in any way arising from said sewer and water lines. ARTICLE THREE 3.01 The construction and installation of improvements and facilities of the Grantee on the subject premises shall be in accordance with plans and specifications prepared at Grantee's expense and supplied to the District by the Grantee. No work shall commence until said plans and specifications have been approved in writing by the Chief Engineer of the District. 3.02 The construction and installation of the improvements 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 District may sustain in any future construction of sewers or any other surface or underground structures caused by the presence of the improvements or other facilities of the Grantee on the subject premises. 3.04 The Grantee shall relocate or remove the improvements existing or constructed upon the subject premises at no cost to the District. a. In the event that the subject premises are adjacent to any channel or waterway, and said channel or waterway is to be widened by the District or any other governmental agency; or b. In the event that any agency of government, having jurisdiction over said channel or waterway requires the relocation or removal of said improvements; or c. zn the event that said relocation or removal is required for the corporate purposes of the District. Such relocation or removal shall be done within nine (9) months after notice thereof is served in writing by the District upon the Grantee. The District shall not be liable for any loss, cost, or damage to the Grantee by reason of such relocation or removal. ARTICLE FOUR 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 to reasonable means of access to said sewer and water lines for construction, installation, relocation, maintenance, or removal. 4.02 The Grantee shall be solely responsible for and shall defend, indemnify, keep and save harmless the District, its agents, officials and employees against all losses, damages, claims, patent claims; liens, suits, liabilities, judgments, costs, or expenses which may in anywise accrue, directly or indirectly, against the District, its Commissioners, agents, officials or employees in consequence of the granting of this easement, or which may in anywise result therefrom or from any work done thereunder whether or not it shall be alleged or determined that the act was caused through the negligence or omission of the Grantee or Grantee's employees, or of any contractor, subcontractor or their employees, if any, of the District, its Commissioners, agents, officials or employees, 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, its Commissioners, agents, officials or employees in any such action, the Grantee shall, at Grantee's sole expense, satisfy and discharge the same, provided that Grantee shall first have been given timely prior notice of the suit in which judgment has been or shall be rendered, Grantee shall have been given an opportunity to defend the same, and the District shall have given Grantee its full cooperation. Grantee expressly understands and agrees that any performance bond or insurance protection required by this easement, or otherwise provided by Grantee, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the District 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 granted shall procure, maintain and keep in force, at Grantee's expense, public liability and property damage insurance in which the District, its Commissioners, officers, agents and employees, are a named insured from a company to be approved by the District, said policy with limits of not less than: Bodily Injury Liability Property Damage Liability $5,000,000.00 $1,000,000.00 Prior to entering upon said premises, the Grantee shall furnish to the District certificates of such insurance or other suitable evidence that such insurance coverage has been procured and is maintained in full force and effect. Such insurance shall provide that no change, modification in or cancellation of any insurance shall become effective until the expiration of ten (10) days after written notice thereof shall have been given by the insurance company to the District. The provisions of this paragraph shall in no wise limit the liability of the Permittee as set forth under the provisions of Paragraph 4.02, above. 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 performed, or if said cable is 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 cable from said real estate and restore the land to its original condition, 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 terminate all rights and privileges under this agreement. In the event of such termination, the Grantee shall have a period of 180 days from and after such termination date to remove said sewer and water lines and to restore the land to its original condition at no cost to the District. '5.03 Grantee covenants and agrees that upon the abandonment of said sewer and water lines, Grantee shall remove or cause to be removed its sewer and water lines and any other things which Grantee agrees to yield up said easement premises in as good condition as when the same was entered upon by Grantee. Upon Grantee's failure so to do, the District may do so at the sole expense and cost of Grantee. ARTICLE SIX 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 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. 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 land of the District adjacent to said premises. 6.04 Grantee agrees to save the District's permittee(s) whole and harmless from any loss, damage, or injury to persons or property arising out of the Grantee's operations. ARTICLE SEVEN 7.01 Detailed plans of subsequent construction or material alteration of said sewer and water lines 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 The easement herein granted shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns, but no such succession or assignment shall be valid without the consent in writing of the District first had and obtained. 7.03 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. 7.04 Any notice herein provided to be given shall be deemed properly served if delivered in writing personally or mailed by registered or certified mail, 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 the City Clerk, 210 E. Chestnut Street, Canton, Illinois 61520 and with a copy directed to the attention of the City Attorney at the same address or, to such other persons or addresses as either party may from time to time designate in writing. ARTICLE EIGHT 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 Metropolitan Sanitary District of Greater Chicago, the United States of America, the State of Illinois, the County, and the City, village, town, or municipality in which the subject property is located, and furnished to the District suitable evidence thereof. 8.02 The Grantee covenants and agrees that it shall strictly comply with any and all statutes, laws, ordinances and regulations of The Metropolitan Sanitary District of Greater Chicago, the United States of America, the State of Illinois, the County, and the city, village, town, or municipality in which the subject property is located, which in any manner affect this easement, any work done hereunder or control o.r limit in any way the actions, of Grantee, its agents, servants and employees, or of any contractor, subcontractor of Grantee or their employees. 8.03 Grantee further agrees to comport and conduct itself according to the terms of a certain letter dated April 26, 1988 from Grantee's Mayor to the District's President, a copy of which is hereto attached as Exhibit B and which is herein fully incorporated by reference. IN WITNESS WHEREOF, On the day and year first above written the parties hereto have caused these presents to be executed in triplicate by thier duly authorized officers and duly attested, and their corporate seals to be hereunto affixed. THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO BY Chairman of the committee on Finance of the Board of Commissioners ATTEST: Clerk CONSENTED TO AND APPROVED THIS 19th DAY OF JULY, 1988 BY: (Donald E. Edwards), Mayor, City of Canton, Illinois ATTEST: City Clerk Prepared by and return to: James H. Malmgren Attorney at Law 369 N. Main Street Canton, IL 61520 PH: (309) 647-0647 EASEi~1ENT LEGAL DESCRIPTION A permanent easeriient ten (lU) feet on both sides of the following described line: A part of Section 29, Township 7 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois, described as follows: Commencing at a concrete marker at the southeast corner of Section 29, ~7N, R4E of the 4th P.M., in Fulton County, Illinois; thence, S 89 02' 09" W' 1409.70 feet along the south line of saki Section 29 to the west line of the subdivision l~nown as "subdivision of Enterprise Industrial District"; thence, iV 0 11' 3$" W 572.x1 feet along said west line to an iron pin at the northwest corner of Lo~ 1$ in said subdivision; the:ZCe, continuing along said west line, i~T 0 11' 38" W 106.95 feet to the point of begining of sai~ Permanent Easement; thence, S 84° 51' ~7" W 128.51 feet; thence, N 77 07' ~2" W 393.42 feet; thence, S 71 28' 16" W 396.45 feet; thence, N 90 00' W 120U.Ei3 feet to the east property line of the State of Illinois, said Permanent Easement containing 0.97 acres, more or less; and, A Temporary Coizstruction Easement fifty (50) feet on both sides of the above described line. EXHIBIT A, Page 1. CITY OF CANTON 210 East Chestnut, Canton, Illinois 61520 • Telephone 309/647-0020 Donald E. Edwards, Meyer Nancy S. Whites, c;ry clerk Patricia A. Wright, c;ry treasurer James H. Malmgren, City Attorney Clifford 1. Sagaser, Ciry Engineer Ap r i 1 2 6 , 19 8 8 David M. Dorgan, Director of Adminisfrar;on Mr. Nicholas J. Melas, President, Metropolitan Sanitary District of Greater Chicago 100 East Erie Street Chicago, IL 60611 RE: Easement Request for City of Canton Oear President Melas: This letter is responsive to conversations carried on between our respective staffs and to concerns expressed by the District's Staff with respect to the City's request for a new Sewer Easement. Those concerns are generally addressed in a three page Memorandum or "Disposition Form" dated February 25, 1988 from Mr. Thomas S. Skuse to the Assistant Chief Engineer, Calumet. A copy of that Memorandum or Disposition Form is attached for your convenience. The City agrees to the suggestions contained in numerical paragraphs number one through seven of the referenced Memorandum, inclusive. Paragraph eight of the Memorandum suggests that the City should, presumably at its expense, install a tap on the sewer at the time of construction on or near the East property line to be available in the event that the Sanitary District decides to construct a pipeline to transport supernatant to the City of Canton's Waste Water Treatment Plant. That is normally an expense incurred by the property owner and absent a present agreement providing otherwise, the City is unwilling to agree that we presently install a tap on the sewer line for the potential future use of the Sanitary District. Should the City agree at some future date to treat the Sanitary District's supernatant, then the question of installing the tap should be disposed of as part of the overall agreement relating to the treatment of the supernatant. The "Easement Agreement" which is commonly used by the Sanitary District in granting of Easements has been accomplished by the City and forwarded to your law department under separate cover. The State of Illinois wishes to utilize the proposed Easement as quickly as possible in support of the construction of the State Correctional Facility adjacent to your property. Accordingly, the City requests that the District's Board act upon the State's request as expeditiously as possible. The State of Illinois is paying the City a substantial tap fee which is designed to reimburse the City for its actual expense of installing the sewer requested by the State; the tap fee is also EXHIBIT ]i, Page 1. intended to provide the City with sufficient funds to pledge in support of its financial obligations relating to acquisition of the required Easement. The City understands that the permitee's affected property is tied up in a federal farm program which means that there should not be any present question of damage to growing crops, adjustments to fertilizer applied, and the like. There is some concern that granting of the Easement may cause the permitee to be ineligible for the federal farm program in question. Accordingly, the City proposes to hold a sufficient cash sum in .escrow for a period of one year from the date of the granting of `'Che Easement as additional security to protect both the District and the Permitee's respective interests. Sincerely, Donald E. Edwards, Mayor, City of Canton DEE/sh cc: file Encl. BXHIBIT B, Page L.