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HomeMy WebLinkAboutResolution # 3842.~ RESOLUTION NO. 3842 A RESOLUTION APPROVING AN EASEMENT AGREEMENT BY AND BETWEEN AMERENENERGY RESOURCES GENERATING COMPANY AND THE CITY OF CANTON AND DIItECTING THE MAYOR AND THE CITY CLERK TO EXECUTE AND DELIVER SAID EASEMENT ON BEHALF OF THE CITY OF CANTON, ILLINOIS. WHEREAS, the City Council of the City of Canton, via Resolution Number 3828 (October 2, 2007) entered into a water purchase agreement Amerenenergy Resources Generating Company; and WHEREAS, in order to effectuate said water purchase agreement, it is necessary for the City to obtain a ten (10) foot wide strip of land for anon-exclusive permanent easement from Amerenenergy Resources Generating Company for the purpose of construction, laying, maintaining and removing water pipes and mains, meters, connections, pumps, electric lines and all other water system equipment necessary or convenient to the operation of a water supply and distribution system; and WHEREAS, the Lake, Buildings and Grounds Committee of the City of Canton has determined that it is necessary and in the best interests of the City of Canton to enter into an Easement agreement by and between Amerenenergy Resources Generating Company and the City of Canton, as, as set forth in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the City Council of the City of Canton has made a similar determination. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. That the agreement attached hereto and incorporated herein as Exhibit "A" is hereby approved by the Canton City Council. 2. That the Mayor and City Clerk of the City of Canton, Illinois are hereby authorized and directed to execute said Agreement on behalf of the City of Canton. 3. That this Resolution shall be in full force and effect immediately upon its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the City Council of the City of Canton, Illinois at a regular meeting this ~~ day of December , 2007 upon a roll call vote as follows: AYES: Aldermen Lewis, Strandberg;, Meade, Nidiffer, T~lest, Sarff, Berardi, Schenck NAYS: None . ABSENT: None. R VED: ~ R ey W. einz ayor ATTEST: Nancy S. Whites, City Clerk 2 .` EASEMENT THIS EASEMENT, Made and entered into this 2-~ day of October, 2007, by and between AMERENENERGY RESOURCES GENERATING COMPANY, an Illinois Corporation, hereinafter referred to as "Grantor"; and the CITY OF CANTON, Fulton County, Illinois, an Illinois Municipal Corporation, its successors and assigns, hereinafter referred to as "Grantee"; W ITNESSETH: WHEREAS, Grantor owns in fee a tract of land located in Fulton County, Illinois, more particularly described on Exhibit A attached hereto. WHEREAS, Grantee desires to obtain a ten (10) foot wide strip of land for anon-exclusive permanent easement for the purpose of construction, laying, maintaining and removing water pipes and mains, meters, connections, pumps, electric lines and all other water system equipment necessary or convenient to the operation by Grantee of a water supply and distribution system, hereinafter referred to as "Facilities". Said ten (10) foot wide strip of land are shown on Exhibit "A" attached and made a part hereof; and WHEREAS, Grantor is willing to allow Grantee to use, operate, inspect, repair, maintain, replace, and remove said Facilities in, under, through and across portions of said tract of land as described above, subject to the conditions and covenants hereinafter set forth. NOW THEREFORE, for and in consideration of Ten and no/100ths Dollars ($10.00), and other good and valuable consideration and of the covenants and provisions hereinafter set forth to be kept and performed by Grantee, Grantor does hereby remise, release and quit claim unto Grantee a non- exclusive permanent easement to erect, construct, install, and lay said Facilities as described above. This easement is subject to the following terms and conditions: 1. Grantee shall use and cause others to use extra precaution in the location, construction, replacement, repair, operation, maintenance, or removal of said Facilities when adjacent to, over, under, or near Grantor's underground or overhead electrical facilities and shall maintain a twenty (20) foot clearance from all structures, proper support and stabilization for Grantor's underground electrical facilities, if any, and shall prevent damage or collapse due to undermining. 2. Grantee shall warn and instruct each and every person engaged in or in any way connected with the work herein described as to the existence, location, and nature of Grantor's electric lines and electrical facilities. Grantee shall comply with, and shall require any person(s) acting under Grantee including without limitation agents, contractors, and employees, to comply all applicable laws, regulations, and codes, including without limitation applicable provisions of the latest edition of the National Electrical Safety Code, 220 ILCS 20 ("Illinois Gas Pipeline Safety Act"); 220 ILCS 50 ("Illinois Underground Utility Facilities Damage Prevention Act"); 220 ILCS 725 ("Illinois Oil and Gas Act"); 765 ILCS 140 ("Adjacent Landowner Excavation Protection Act ); and the National Electrical Safety Code (collectively "Laws"). (collectively "Laws"), as such Laws may be amended from time to time. Nothing herein shall be construed to relieve Grantee from the duty to comply with Laws; but if and to the extent that this instrument requires precautions or specific clearances which are greater than those imposed by Laws, such greater precautions or clearances provided for in this instrument shall be binding on Grantee and any such person(s) acting under Grantee. 3. All construction, maintenance, repair, operation, or removal work done in connection with said Facilities shall be performed in such a manner that it will not endanger or interfere with Grantor's operation and maintenance of its electrical related facilities. 4. All cuts, ditches, trenches, ruts, or excavations made by Grantee, its agents, employees, contractors, or their representatives, in connection with the construction, repair, operation, maintenance, or removal of said Facilities shall be refilled to and maintained at the level of the adjoining ground. Upon completion of the installation of said Facilities, Grantee shall restore the above-described premises to a condition comparable to that prior to the beginning of Grantee's work. 5. a) Grantee shall continually maintain efficient and orderly operation and maintenance of said Facilities on Grantor's above described tract of land in such a manner so as not to unreasonably disturb or interfere with the use thereof. b) Grantor shall have access to its adjacent property at all times. Grantor further reserves for itself, its successors and assigns, the right, privilege and authority to continue to use and occupy, maintain, construct, reconstruct, patrol, repair, renew, and add to its existing equipment and lines and any additions thereto over, under and upon the above described property. 6. Grantee covenants and agrees to assume the risk of liability for and to protect, indemnify, defend and save harmless Grantor, its successors, and assigns, from and against any and all liability, losses, demands, claims, damages, recoveries, actions, causes of action, costs and expenses (including without limitation attorney fees) for injury to or death of any persons whomsoever or loss or destruction of or damage to any property whatsoever, including without limitation property of both Grantee and Grantor by reason of Grantee's exercise of rights granted pursuant to this Easement. 7. When working in the area covered by this Easement, Grantee shall obtain and maintain and shall require contractors to obtain and maintain, with a carrier acceptable to Grantor, the following insurance which shall name AMERENENERGY RESOURCES GENERATING COMPANY, its subsidiaries and affiliates, their officers, directors, and employees as additional insured on a primary and non- contributory basis: a) General Liability insurance on the Premises and operations covered by this Easement, and specifically including contractual liability insurance to cover the liability assumed by Grantee under the agreement of indemnity set forth in paragraph 8 above, with limits of not less than $1,000,000 as to any one occurrence and $1,000,000 in the aggregate combined single limits for bodily injury and property damage on the Premises and operations covered by this Easement. b) Workers Compensation insurance with statutory limits. c) Employers liability with limits not less than $500,000. d) Comprehensive Auto Liability Insurance with minimum combined single limits of $1,000,000 for bodily injury and property damage. The Comprehensive Auto Liability policy shall include owned and blanket non-owned and hired coverage. e) Excess liability with limits not less than $3,000,000. f) Grantee further agrees to furnish Grantor with a Certificate of Insurance containing a wavier of subrogation in favor of Ameren, its subsidiaries, directors and employees as evidence that the required coverages are in force. Such certificate shall contain a clause stating that in the event of cancellation or material change, at least thirty (30) days prior written notice shall be given to Grantor. Nothing contained in the above insurance provision shall in any way limit the indemnity provisions contained in Paragraph 8 of this Easement. All policies shall be endorsed to provide a waiver of subrogation In favor Of AMERENENERGY RESOURCES GENERATING COMPANY, ItS subsidiaries and affiliates, their officers, directors, and employees 8. In the event Grantee shall fail to perform any of its duties hereunder and shall fail within thirty (30) days after written notice from Grantor to correct such default, or to diligently and in good faith pursue a cure of such default, Grantor shall have the right to cure said default or may employ other persons to do so, and Grantee hereby agrees to pay, reimburse, and compensate Grantor for whatever reasonable costs are thereby incurred by Grantor. The foregoing shall be without prejudice to any other right or remedy. (The remainder of this page is intentionally left blank.) ~5 IN WITNESS WHEREOF, the parties hereto have executed these presents on the day and year fiat above mentioned. R.T~EST: Assistant Secretary ATTEST: Nancy Whites, City Clerk STATE OF MISSOURI } SS CITY OF ST. LOUIS AMERENENERGY RESOURCES GENERATING COMPANY, an Illinois Corporation By: Dennis W. Wei enborn, Vice President CITY OF CANTON, an Illinois Municipal Corporation By: Rodney W. Heinze, Mayor On this . ~n~dav of October, 2007, before me appeared Dennis W. Weisenborn, to me personally known, who, being by me duly sworn, did say that he is Vice President of AMERENENERGY RESOURCES GENERATING COMPANY, an Illinois Corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said Dennis W. Weisenborn acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in my office in the City of St. Louis, Missouri, the day and year first above written. My Commission expires ~- -~~~ ,,~~p~n-rNrPq . .~`( vEN IL7... .~,~ pCrggya~.~~~ NpTq~e[/~ ab z '~., ~' s Cou~••' .. F ., p '••• •~~~ ago Nota Public • ,. STATE OF ILLINOIS SS COUNTY OF FULTON On this day of October, 2007, before me appeared Rodney W. Heinze , to me personally known, who, being by me duly sworn, did say that he is the Mayor of the CITY OF CANTON, an Illinois Municipal Corporation, and that the seal affixed to the foregoing instrument is the city seal of said city, and that said instrument was signed and sealed in behalf of said City of Canton by authority of its and said Rodney W. Heinze acknowledged said instrument to be the free act and deed of said municipality. My Commission expires Return to: Ameren Services Attn: Manager of Real Estate P.O. Box 66149, MC 700 St. Louis, MO 63166-6149 Notary Public This form of instrument was prepared by the AmerenEnergy Resources Generating Company Legal Department, 1901 Chouteau Avenue, P.O. Box 66149, St. Louis, Missouri 63166-6149. W RP/rst/per redocs\easement\wrp-water easement-city of Canton, IL Power Plant, 2007 10/22/07 ' '. Exhibit A AmerenEnergy Resources Generating Company Legal Description -Permanent Easement Part of the Southeast Quarter of Section 13, Township 6 North, Range 4 East of the Fourth Principal Meridian, Fulton County, Illinois more particularly described as follows: Commencing at the Northwest Corner of said Southeast Quarter, said Corner being the Point of Beginning of the Permanent Easement to be described: From the Point of Beginning, thence North 89°-02'-18" East (bearings assumed for description purposes only) along the north line of said Southeast Quarter 56.00 feet; thence South 0°-36'-26" West 60.02 feet to a point on a line parallel with and 60.00 feet measured perpendicular south of said north line; thence South 89°-02'-18" West along said parallel line 56.00 feet to a point on the west line of said Northwest Quarter; thence North 0°-36'-26" East along said west line 60.02 feet to the Point of Beginning. Said Permanent Easement contains 3,360 square feet, more or less, or 0.077 acres, more or less.