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Home My WebLink About075-R-189/24/2018 75-R-18 A RESOLUTION Authorizing the City Manager to Execute an Easement Agreement for a Fence on McCormick Boulevard that Abuts Residential Property Owned by Robert A. Alps NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: The City Manager is hereby authorized to execute the Easement Agreement with Robert A. Alps, attached hereto as Exhibit 1, the terms are incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Easement Agreement as he may determine to be in the best interests of the City and in a form acceptable to the Corporation Counsel. SECTION 3: That this Resolution 75-R-18 shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. Stephen . H , i yor% Attest: Approved to form: Devon Reid, City Clerk Michelle L. Masoncup, frporation Counsel Adopted: OCAO�)e'(- i , 2018 75-R-18 EXHIBIT 1 EASEMENT AGREEMENT -2- Upon recording return to: City of Evanston 2100 Ridge Avenue, Room 4400 Evanston, Illinois 60201 Attn: Michelle L. Masoncup [Recording area only] EASEMENT AGREEMENT This Easement Agreement is entered into this day of , 2018, by and between the City of Evanston, an Illinois Home Rule Municipal Corporation ("Grantor"), and Robert A. Alps, an individual ("Grantee"). RECITALS WHEREAS, the Grantor is the owner of real property used for a public right-of-way commonly known as McCormick Boulevard ("Subject Property"); and WHEREAS, the Grantee owns the residential home with common address of 2222 Simpson Street (P.I.N. 10-13-102-017-0000) ("Grantee's Property"), which abuts the Subject Property; and WHEREAS, Grantee installed a fence on Grantor's property on or about 1985 for the benefit of the Grantee's Property as depicted in Exhibit A, Plat of Easement, and the fence is deteriorated and seeks to install a new fence in the same location; and WHEREAS, Grantor has no use of the 3' strip of land and agrees to provide Grantee an easement to replace the fence as outlined in this Agreement, NOW, THEREFORE, in consideration of the covenants and promises set forth herein, the parties agree that: The foregoing of Recitals are hereby incorporated herein and made part if hereof. 2. The Grantor hereby grants to the Grantee an exclusive easement on the Subject Property for fifty (50) years ("Easement Term"). 3. The Easement Premises shall run on the northern section of McCormick Boulevard, as legally described on the Plat of Easement attached as Exhibit A. The Easement is 190 feet in length and 3 feet wide, for a total easement area of 570 square feet. 4. The Grantor will not assess an easement fee for the 50-year term. 5. The grant of easement shall be subject to the conditions that: a. Grantee cannot expand the scope of the Easement Premises without written consent of the Grantor. b. If the Easement Premises need to be accessed and disturbed for any Grantor operational issue and Grantor cannot reasonably address the issue presented without disturbing the Easement Premises, the City is entitled to remove the fence temporarily. Grantor is not liable to the Grantee for any damage to the fence. Any re -installation of the existing fence or a new fence must be performed at Grantee's expense. Specifically, Grantee acknowledges that a Grantee owned water main is located in close proximity to the Easement Area. Any water main breaks or repair will result in fence removal to allow City of Evanston crews access to perform the necessary work to the water main. C. Grantee agrees to perform all necessary maintenance and repair to the fence throughout the Easement Term and if applicable, during the renewal easement term. 6. Indemnification. Grantee will hold harmless, indemnify and defend Grantor, its lessees, franchises, licensees, employees, agents, personal representatives, contractors, successors and assigns, against any and all claims, demands, loss, damage, liabilities, costs, expenses and all suits liens, causes of actions and judgments (including, but not limited to reasonable attorney's fees) arising out of, or in any way related to, or in connection with, or as a result or consequence of this easement and/or use of the Easement Premises or Grantee's acts or omissions under this easement agreement, to the extent of Grantee's willful or negligent exercise of rights and privileges granted by this easement agreement. The Grantee's obligations in this section shall survive any termination or expiration of this easement agreement. 7. Release. Grantee shall enter upon the Easement Premises and conduct Grantee's Work at its sole risk, cost and expense. Grantee hereby waives and relinquishes any and all claims, demands, loss, damage, liabilities, costs, expenses and all suits, liens, causes of actions and judgments related to the subject matter of this easement agreement now or hereafter arising in Grantee or any of its employees', contractors' or agents' favor occasioned by, directly or indirectly, the conditions of the Grantor's Subject Property and the Easement Premises or any improvements thereon or any other facts or occurrences with respect to Grantee's conduct under this easement agreement, other than willful or negligent acts of Grantor. The Grantee's obligations in this section shall survive any termination or expiration of this easement agreement. 8. This document contains the entire agreement between the parties relating to the rights granted herein and the obligations herein assumed. Any oral representations or modifications concerning this agreement shall be of no force and effect, and modifications to this agreement shall be in writing and shall be signed by all parties to this agreement. 9. This Agreement for an easement shall constitute a covenant running with the land binding upon the Grantors and any of the Grantors' lessees, transferees, successors in interest, heirs, executors, and administrators. 10. The laws of the State of Illinois shall govern the terms of this agreement both as to interpretation and performance and any action brought to enforce the agreement shall be brought in the Circuit Court of Cook County. 11. This Agreement shall be recorded by the Grantee with the Cook County Recorder of Deeds notifying all future purchasers and other interested parties. IN WITNESS THEREOF, this agreement is made the date signed by the City. City of Evanston : Robert A. Alps Wally Bobkiewicz, City Manager Print: EXHIBIT A PLAT OF EASEMENT PLAT of EASEMENT *d: A 3.0 FOOT STRIP OF LAND, BEING PART OF McCORMICK BOULEVARD PI THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SEC110N 13. TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PEAL MERIDIAN, IN COOK COUNTY, UMIS. DEMM AS FOLLOWS: COMMENCING AT THE SOU INIMT CORNER OF LOT 6 IN OT1D SCHULTYS SIMPSON STREET ADDITION TO EVANSTON IN THE NORMEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13 AFORESAID: THENCE SOUTH ALONG THE SOUTHERLY EXTENSION OF THE WEST U E OF SAD LOT 61 HAVING AN ASSUMED BEARING OF SOUTH 00 DEGREES, 00 MINUTES, 00 SECONDS WEST, A DISTANCE OF 22.35 FEET TD THE NORTHERLY LINE OF McCORMO BOULEVARD RIGHT OF WAY AND THE POINT OF BEGIJNNID: THENCE NORTH 59 DEGREES, 45 MINUTES, 55 SECONDS FAST ALONG SAID NORTHERLY LINE OF MCCORMICK BOULEVARD RIGHT OF WAY A DISTANCE OF IM05 FEET TMICE SOUTH 30 DEGREES 14 WAIVES 05 SECONDS FAST A DISTANCE OF 3.0 FEET: THENCE SOUTH 59 DEGREES 45 MINUTES 55 SECONDS WEST A DISTANCE OF 190.00 FEET: THENCE NORTH 00 DEGREES, 00 MINUTES, 00 SECONDS EAST A DISTANCE OF 3.47 FEET TO SAID NORTHERLY LINE OF McCORANCM( BOULEVARD RIGHT OF WAY: THENCE NORTH 59 DECREES 45 MINUTES, 55 SECONDS EAST ALONG SAID NORTHERLY LINE OF MCCORMICK BOULEVARD RIGHT OF WAY A DISTANCE OF 3.20 FEET TO THE POINT OF BEGINNING. MR! 7 FM OF SO 1/4 SW 1/4 SM /x-41-13 SIMPSON _ T� DIMMUD1 DEDICATED s,�r _ STREET =� g� �------------ mime uNE ar � 1 4 Sll 1 4 SFS. a-4r-13 ---------'---NORM LIME Q W Ij4 till 1 4 SEC. 13-441-1�------ NaRa1FA4 OF for e 16 N , yyyIN, 9I POW OF COMMSIM souma:R CONIFER OF UX 6 ettrae+c l 0 B. H. SUHR & COMPANY, INC.11 I MUMPS ISTAMAM 1911 M MM0lS/FAxtM71eM4341 &MAIL; SURVEY011@1118M R.COM 1oGmN 2222 SIMPSON ST. OROS N. 18-154 Noa110M AUGUST 16. 10 18 aMM W BOB ALPS R. R HANSEN K ,,, .. p t,.1...w o.W F— U... Na ut-taunt 11 RR NOTE: THE EASEMENT SHOWN HEREON IS TO BENEFIT THE OWNERS OF THE PROPERTY COMMONLY KNOWN AS 2222 SIMPSON STREET, EVANSTON, IWNOIS. STATE OF IWNOIS COUNTY OF COOK ss Approved and accepted by the City Council of the City of Evanston, Cook County, Illinois on the day of 20_. City Clerk Ewntw. tSnda NORTHBROOK AUGUST 16, 2018. STATE OF IWNOIS ZsS COUNTY OF COOK We, B. H. Suhr k Co., Inc., do hereby certify that we have prepared this plat of easement from existing plats and plans, for the purpose of granting a non exclusive fence easement as shown hereon. R.B. SUER t OWtIPANT. TIC. By alraele PtaG.dm41 Ind 9ie+�tla we-ooaa.e uam.e �e.Um Dw u/so/te O�� K, 251►2 J' 1DOt1AL �Z $g AND � ILS.INa= v L ��ti %STO�Mr'