HomeMy WebLinkAboutRESOLUTIONS-2016-030-R-164/13/2016
30-R-16
A RESOLUTION
Authorizing the City Manager to Grant an Easement for Chilled Water
Pipe Installation on Chicago Avenue
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The City Manager is hereby authorized and directed to sign
an Easement Agreement (the "Agreement") by and between the City and Northwestern
University for the City to grant an easement for the installation of chilled water pipes
below ground on Chicago Avenue, north of Clark Street. The Agreement is attached
hereto as Exhibit 1 and incorporated herein by reference.
SECTION 2: The City Manager is hereby authorized and directed to
negotiate any additional conditions of said Agreement that he deems to be in the best
interests of the City.
SECTION 3: This resolution shall be in full force and effect from and after
its passage and approval, in the manner provided by law.
Eli a eth B. Tisdahl, Mayor
Att s
tney ene,"City Clerk
Adopted:(` () , 2016
Ki13:a11.
EXHIBIT 1
EASEMENT AGREEMENT
-2-
GRANT OF NON-EXCLUSIVE PUBLIC
UTILITY EASEMENT
In consideration of the payment of the easement fee in the amount of Fifty -Eight Thousand
Thirty -Five and 21/100 Dollars ($58,035.21) and other good and valuable consideration
("Easement Fee"), the receipt of which hereby is acknowledged, THE CITY OF EVANSTON, of
the State of Illinois, County of Cook and its successors, assignees and transferees (all
hereinafter referred to as "Grantor"), hereby grants to NORTHWESTERN UNIVERSITY, of the
State of Illinois, County of Cook and its successors, assignees and transferees (all hereinafter
referred to as "Grantee") a non-exclusive permanent easement for a period of fifty (50) years
("Easement Term") for the purpose of the installation of chilled water service pipes and
appurtenances in, over, upon, through, along, across and under the following described real
estate, with an area of approximately 1,000.0 sq. ft. as described below:
A Public Utility Easement,
A 10.00 foot Utility Easement below ground level not to exceed a maximum depth of 9.00 feet
(as measured from the existing centerline of Sheridan Road) of that part of Sheridan Road
described as follows: Commencing at the Northeasterly corner of Chicago Avenue and Clark
Street; thence North 19°20'37" East on an assumed bearing along the Easterly line of Chicago
Avenue a distance of 224.08 feet to the point of beginning; thence continuing North 19°20'37"
East along said last described line a distance of 10.00 feet; thence North 70°39'23" West a
distance of 100.00 feet to the Westerly line of said Chicago Avenue; thence South 19°20'37"
West along said last described line a distance of 10.00 feet; thence South 70°39'23" East a
distance of 100.00 feet to the point of beginning, in Cook County, Illinois.
situated in the County of Cook, State of Illinois and at Chicago Avenue north of Clark Street and
hereby releases and waives all right under and by virtue of the Homestead Exemption Laws of
the State of Illinois. The above -described real estate and improvements located thereon are
herein referred to as the "Premises." Attached as Exhibit A is the Plat of Easement depicting
said Easement on the Premises and contains the legal description for said Easement.
Grantor hereby grants, conveys, warrants and dedicates to the Grantee, its agents, servants,
employees, its successors and assigns, a non-exclusive public utilities easement to survey,
construct, reconstruct, use, operate, maintain, test, inspect, repair, or alter the chilled water
services pipe(s) and related appurtenances and to inspect and make alterations to the above
describe systems, both only in consultation with the City of Evanston's Public Works Agency
and any and all of parameters and restrictions on said use described, in, over, upon, thru, along,
across and under the Premises together with related attachments, equipment and
appurtenances thereto (collectively "Public Utilities") in upon, under, along and across the
Premises, with the right of access thereto, including all reasonable rights of ingress and egress
across any adjoining lands of Grantor necessary for the exercise of the rights herein granted.
Grantor shall have and retain all rights to use and occupy the premises and access to Grantor's
remaining property, except as herein expressly granted; provided, however, Grantor's use and
occupation of the premises may not interfere with Grantee's use of the premises for the
purposes herein described.
Grantor, without limiting the interest above granted and conveyed, acknowledges that upon
payment of the agreed consideration, all claims arising out of the above acquisition have been
settled, including without limitation, any diminution in value to any remaining property of the
Grantor caused by opening, improving, and using the premises for highway purposes. This
acknowledgment does not waive any claim for trespass or negligence against the Grantee or
Grantee's agents which may cause damage to Grantor's remaining property.
This grant shall constitute a covenant, which runs with the land, and shall be binding upon the
legal representatives, successors and assigns of Grantor.
Dated this day of
GRANTOR:
By:
ATTEST:
Signature
City Clerk, Rodney Greene
STATE OF ILLINOIS )
) ss.
COUNTY OF COOK )
.2016.
City Manager, Wally Bobkiewicz
Signature
I, , a Notary Public in and for said County and State
aforesaid, DO HEREBY CERTIFY that Wally Bobkiewicz, City Manager of the City of Evanston
who is personally know to me to be the same person whose name is subscribed to the
foregoing instrument as such, appeared before me this day in person and acknowledged that he
signed and delivered the said instrument as his own free and voluntary act for the uses and
purposes therein set forth.
Given under by hand and notarial seal this day of 2016
Notary Public
GRANTEE:
Utility Easement — Chilled Water Pipes — Chicago Avenue
Facilities Management Operations,
Charles Davidson
By:
STATE OF ILLINOIS )
) ss.
COUNTY OF COOK )
Signature
I, , a Notary Public in and for said County and State
aforesaid, DO HEREBY CERTIFY that Charles Davidson, Facilities Management Operations
who is personally know to me to be the same person whose name is subscribed to the
foregoing instrument as such, appeared before me this day in person and acknowledged that he
signed and delivered the said instrument as his own free and voluntary act for the uses and
purposes therein set forth.
Given under by hand and notarial seal this day of
Notary Public
, 2016
Utility Easement — Chilled Water Pipes — Chicago Avenue
EXHIBIT A
PLAT OF EASEMENT
Utility Easement — Chilled Water Pipes — Chicago Avenue
Plat of Easement
A 10.00 foot Utility Easement below ground level not to exceed a maximum
depth of 9.00 feet (as measured from the existing centerline of Sheridan Road)
of that part of Sheridan Rood described as follows: Commencing at the
Northeasterly corner of Chicago Avenue and Clark Street; thence North 19'20'37"
East on an assumed bearing along the Easterly line of Chicago Avenue a distance
of 224.08 feet to the point of beginning; thence continuing North 19'2037" e
East along said last described line a distance of 10.00 feet; thence North
70'39 23" West a distance of 100.00 feet to the Westerly line of said Chicago
Avenue; thence South 19'20'37" West ciong said last described line a distance ry oo °'sated
of 10.00 feet; thence South 70'39'23" East a distance of 100.00 feet to the
point of beginning, in Cook County, Illinois. / l
Containing 1000.00 sq. ft. j
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7 Stone of Illinois)
County of Cook) S.
Approved and accepted
epted by the City Council of the City, of Evanston,
/ Cook County, Illinois on the day of 2016.
OZb
a ^y.
/ BY
City Clerk, Evanston, Illinois
/ State of Illinois)
County of Lake) S.S.
l r Gewalt Hamilton Associates, Inc., do hereby certify that we have
prepared this Plot of Easement from existing plats and plans for
the purpose of granting the utility easement as shown.
l hereby authorize a representative for the City of Evanston to
F�00• py record this plat with the Cook County Recorders Office.
/ 0
Gewolt Hamilton Associates, Inc. ''gNm�oeeg4
") p Dated this 6fh. day o April, 2016.
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