HomeMy WebLinkAbout085-R-19 Authorizing the City Manager to Grant an Easement for Chilled Water Pipe Installation in the Alley East of Chicago Avenue and South of Sheridan Road7/25/2019
85-R-19
A RESOLUTION
Authorizing the City Manager to Grant an Easement for Chilled Water
Pipe Installation in the Alley East of Chicago Avenue and South of
Sheridan Road
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 Sheridan Road and the alley east of Chicago Avenue and south of
Sheridan Road. 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: Resolution 85-R-19 shall be in full force and effect from
and after its passage and approval in the manner provided by law.
I -4� W�a /,rrc,
Stephen H. Hag rty, a r
Attest:
Deroe„ Reid, City-efierk� C�-� e1eCK
c��arda TM,ez, VCV `� y
Adopted:, qLtft 5t , 2019
Approved as to form:
1 V W q,f1✓
Michelle L. Masoncup, Corpor tion Counsel
85-R-19
EXHIBIT 1
EASEMENT AGREEMENT
-2-
PLA T OF EASEIIIENT
OF
A 15.00 FOOT U71UTY EASEMENT IN SHERIDAN ROAD BELOW GROUND LEVEL NOT TO EXCEED A MAXIMUM DEPTH OF 1200 FEET (AS MEASURED FROM THE
EXISTING CENTERLINE OF SHERIDAN ROAD) TOGETHER WITH A 10.00 FOOT U77LITY EASEMENT IN THE ALLEY IN BLOCK 11 IN CITY OF EVANSTON
SUBDIVISION BELOW GROUND LEVEL NOT TO EXCEED A MAXIMUM DEPTH OF 12.00 FEET (AS MEASURED FROM THE EXIS77NO CENTERLINE OF SAID ALLEY)
OF THAT PART OF SHERIDAN ROAD AND THE ALLEY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SHERIDAN ROAD
AND THE CENTER LINE OF THE ALLEY IN BLOCK it IN CITY OF EVANSTON SUBDIVISION IN FRACTIONAL SECTIONS 7 AND 18, TOWNSHIP 41 NORTH,
RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 19.21'08" EAST ON AN ASSUMED BEARING ALONG TEE NORTHERLY
EXTENSION OF THE CENTERLINE OF SAID ALLEY A DISTANCE OF 15.00 FEET; THENCE SOUTH 70'39'33" EAST ALONG A LINE 15.00 FEET
NORTHEASTERLY OF AND PARALLEL WITH THE SOUTHERLY LINE OF SHERIDAN ROAD A DISTANCE OF 85.00 FEET; THENCE SOUTH 19'21'08"
1 "— 60' WEST, 15.00 FEET TO THE SOUTHERLY LINE OF SHERIDAN ROAD; THENCE NORTH 70'39'33" WEST ALONG THE SOUTHERLY LINE OF SHERIDAN
ROAD A DISTANCE OF 75.00 FEET TO THE SOUTHEASTERLY LINE OF SAID ALLEY; THENCE SOUTH 19'21'08" WEST, ALONG THE
SOUTHEASTERLY LINE OF SAID ALLEY 284.82 FEET; THENCE NORTH 70'38'52" WEST, 20.00 FEET TO THE NORTHWESTERLY LINE OF SAID
ALLEY; THENCE NORTH 19'21'08" EAST, ALONG THE NORTHWESTERLY LINE OF SAID ALLEY 10.00 FEET; THENCE SOUTH 70'38'52" EAST, 10.00
FEET TO THE CENTER LINE OF SAID ALLEY; THENCE NORTH 19'21'08" EAST, 274.82 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY,
ILLINOIS.
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10. 00' GEWALT HAMILTON ASSOCIATES INC., DO HEREBY CER77FY THAT WE
HAVE PREPARED THIS PLAT OF EASEMENT FROM EXIS77NG PLATS AND
N70°38'S2"W SPLANS
HOWN FOR THE
PURPOSE OF GRAN77NG THE UTILITY EASEMENT AS
20. 00' I HEREBY AUTHORIZE A REPRESENTA77VE FOR THE CITY OF EVANSTON TO
STATE OF ILLINOIS) RECORD THIS PLAT WITH THE COOK COUNTY RECORDERS OFFICE.
COUNTY OF COOK) S.S.
GEWALT HAMIL TON ASSOCIATES, INC. DATED THIS 15TH. DAY OF
APPROVED AND ACCEPTED BY THE CITY COUNCIL OF 774E CITY OF EVANSTON, JULY, 2019.
COOK COUNTY, ILLINOIS ON THIS —_ DAY OF 2019.
EDWARD A. HEDGE, ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 3026
BY.• CITY CLERK, EVANSTON, ILLINOIS MY LICENSE EXPIRES NOVEMBER 30, 2020
GF#Aff MMIUM SHERIDAN ROAD FILE 4550.095—ESMT.dwg
1 LOCK 11 DRAWN BY: EAH GHA PROJECT #
l 1 ASSOCIATES, INC.I N C. NORTHWESTERN UNIVERSITY DATE 07 /15 /19 4550.095
625 Forest Edge Drive • Vernon Hills, 1L. 60061
TEL 847.478.9700 0 FAx 847.478.9701 CHECI® BY: SCALE 1 "=60'
Prepared by and return to:
City of Evanston
Attn: Law Department
2100 Ridge Avenue, Room 4400
Evanston, IL 60201
[Recording area]
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT ("Easement Agreement") is by and between
CITY OF EVANSTON he "Grantor") and NORTHWESTERN UNIVERSITY (the
"Grantee") (each referred m herein as "Party" or, collectively, as "the Parties").
RECITALS
WHEREAS, Grantor is the owner of certain alley right-of-way property east of
Chicago Avenue and South of Sheridan Road, Evanston Illinois (the "Property"); and
WHEREAS, Northwestern University seeks to install a chilled water line below
the surface to service University buildings and provide water service (the "Proposed
Improvements"; and
WHEREAS, Grantee will construct certain improvements below the surface of
City Property, and requests to install a chilled water lines under the right-of-way owned
by the City of Evanston as fully depicted in the plat of easement (collectively, the
"Easement Area"): and
WHEREAS, the Easement Area Improvements are depicted on the plat of
easement attached to this Agreement as Exhibit 1 (the "Plans"); and
WHEREAS, The Parties seek to formalize the Grantee's use of the Easement
Area by entering into this Easement Agreement for a permanent easement for the
purpose of installing the chilled water lines in accordance with the plans submitted and
to be approved by the City, and maintaining the improvements, all at no cost to the
Grantor,
NOW, THEREFORE, in consideration of the foregoing Recitals, which are hereby
incorporated in and made a part of this Easement Agreement as if fully set forth below,
the mutual agreement of the parties hereto and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree
as follows:
1
Proposed Improvements and Construction.
a. Construction in Accordance with Plans. The construction and installation of the
Proposed Improvements shall be in accordance with the Plans prepared at the Grantee's
sole expense and supplied to the Grantor by the Grantee. No work shall commence until
final Plans and specifications are provided to the Grantor for review and approval prior to
construction. The Grantee will construct the Proposed Improvements in a good and
workmanlike manner at its sole cost, risk, and expense.
b. Riciht-of-Wav Permit. The Grantee must complete construction of the Project
within the time period provided in the Right -of -Way permit and obtain this permit
separate and apart from this easement to be issued by the Grantor. The Grantee agrees
to protect all existing utility lines that lie below the Easement Area. Grantee agrees to
restore the Grantor's property within the easement area to the original condition prior to
construction, at no cost or expense to Grantor.
2. Easement. The Grantor hereby grants to the Grantee, with at least 3
business days written notice via email to the Director of Public Works, its employees
and contractors, a permanent easement to enter, re-enter, occupy and use the portion
of the Easement Area depicted on the Plat of Easement (the "Easement Area") to
survey, construct, use, operate, inspect, maintain, repair, replace, and operate the
Proposed Improvements in accordance with the final Plans, including all underground
and surface appurtenances thereto for the chilled water installation lines (the
"Permitted Activities"). As part of the Permitted Activities, the Grantee agrees to
perform all necessary maintenance and repair of the Proposed Improvements within the
Easement Area.
Nothing contained in this Easement Agreement shall be construed to give to the
Grantee any right in and to the title to the Easement Area, but must only be construed to
give it the right to construct, maintain, and use the Proposed Improvements within the
Easement Area upon the terms and provisions herein set forth. Nothing in this
Easement Agreement contained can be construed to prevent the Grantor from making
use of the Easement Area in a manner that does not interfere with the Grantee's
performance of the Permitted Activities. However, if the Grantor's use of the Easement
Area damages or disturbs any portion of the Proposed Improvements, the Grantor shall,
at no cost to the Grantee, restore the Proposed Improvements to the condition they
were in before they were damaged or disturbed by the Grantor. Grantor has the ability
to access the Easement Area for inspection, repairs, replacement for any Grantor
municipal purposes with notice to Grantee, in cases of emergencies, notice will be
provided at a reasonable time and after Grantor has accessed the Easement Area to
perform any and all necessary work.
3. Covenant. This grant shall constitute a covenant, which runs with the
land, and shall be binding upon the legal representatives, successors and assigns of the
Grantee and the Grantor, as the owner of the Property and the Development, the
benefitted property of the easement. Grantee shall notify Grantor within 60 days after of
any conveyance of the Property and the Development to a third party not owned or
controlled by, or that does not own and control, Grantor.
4. Easement Fee. In consideration of the payment of the easement fee
in the amount of $120,951.21 (One Hundred Twenty -One Thousand Nine Hundred
Fifty -One and 21/100 Dollars) and other good and valuable consideration ("Easement
Fee"), the receipt of which hereby is acknowledged, for the purpose of the installation of
a chilled water service pipes and appurtenances in, over, upon, through, along, across
and under the following described real estate in the Plat of Easement. The Grantee
shall be solely responsible for any cost and expenditure associated in anyway with the
Grantee's performance of the Permitted Activities.
5. Easement Term. The term of the permanent easement granted by
Section 2 of this Easement Agreement shall be for a term of fifty (50) years unless this
Easement Agreement is terminated as a result of a Default in accordance with Section
10 of this Agreement.
6. Environmental. The Parties shall comply with all Environmental Laws
(hereinafter defined) and shall not cause or permit any Hazardous Substances
(hereinafter defined) to be brought, kept or stored on the Property, and shall not engage
in or permit any other person or entity to engage in any activity, operation or business in
the Easement Area that involves the generation, manufacture, refining, transportation,
treatment, storage, handling or disposal of Hazardous Substances.
"Hazardous Substances" means all hazardous or toxic materials, substances,
pollutants, contaminants, or wastes currently identified as a hazardous substance or
waste in the Comprehensive Environmental Response, Compensation and Liability Act
of 1980 ("CERCLA"), as amended, the Superfund Amendments and Reauthorization
Act ("SARA"), the Resource Conservation and Recovery Act ("RCRA"), or any other
Environmental Laws applicable to the Property. As used in this Easement Agreement,
"Environmental Laws" means all federal, state and local environmental laws, rules,
statutes, directives, binding written interpretations, binding written policies, ordinances
and regulations issued by any governmental authority and in effect on or after the date
of this Easement Agreement with respect to or that otherwise pertain to or affect the
Property, or any portion of the Property, the use, ownership, occupancy or operation of
the Property, or any portion of the Property, or any owner of the Property, and as same
have been amended, modified, or supplemented from time to time, including but not
limited to CERCLA, the Hazardous Substances Transportation Act (49 U.S.C. § 1802
et seq.), RCRA, the Water Pollution Control Act (33 U.S.C. § 1251 et seq.), the Safe
Drinking Water Act (42 U.S.C. § 300f et seq.), the Clean Air Act (42 U.S.C. § 7401 et
seq.), the Solid Waste Disposal Act (42 U.S.C. § 6901 et seq.), the Toxic Substances
Control Act (15 U.S.C. § 2601 et seq.), the Emergency Planning and Community
Right -to -Know Act of 1986 (42 U.S.C. § 11001 et seq.), the Radon and Indoor Air
Quality Research Act (42 U.S.C. § 7401 note, et seq.), SARA, comparable state and
local laws, and any and all rules and regulations that are effective as of the date of this
Easement Agreement, or become effective after the date of this Easement Agreement,
under any and all of the aforementioned laws.
7. Covenants and Conditions. The Grantee covenants, warrants and agrees
that with respect to the activities contemplated under this Easement Agreement that: (i)
no waste or damage shall be committed upon or to the Easement Area; (ii) the
Easement Area shall be used for only the purposes set forth herein; (iii) the Easement
Area shall not be used for any unlawful purpose and no violations of Laws (hereinafter
defined) or duly constituted authority shall be committed thereon; and (iv) the Grantee
shall not do or permit to be done anything under the Easement Area that may subject
the Grantor to any liability for injury or damage to person or property, or result in a
violation of any Laws.
8. Indemnification.
a. The Grantee shall defend, indemnify and hold harmless the Grantor and
its officers, elected and appointed officials, agents, and employees from any and all
liability, losses, or damages ("Losses") as a result of claims, demands, suits, actions, or
proceedings of any kind or nature, including without limitation costs and fees, including
judgments or settlements, to the extent resulting from or arising out of any negligent or
willful act or omission on the part of the Grantee or the Grantee's subcontractors,
employees, agents or subcontractors during the performance of the construction of the
Proposed Improvements or any future maintenance and repair work within the
Easement Area. Such indemnification shall not be limited by reason of the enumeration
of any insurance coverage herein provided. This provision shall survive completion,
expiration, or termination of this Easement Agreement.
b. The Grantor shall defend, indemnify and hold harmless the Grantee from
any and all Losses as a result of claims, demands, suits, actions, or proceedings of any
kind or nature, including without limitation costs and fees, judgments or settlements, to
the extent resulting from or arising out of any negligent or willful act or omission on the
part of the Grantor or the Grantor's subcontractors, employees, agents or
subcontractors during the performance of any work or activities within the Easement
Area. This provision shall survive completion, expiration, or termination of this
Easement Agreement.
C. The Parties agree to cooperate in the event any litigation is brought
against one or both of the Parties by any third party seeking to enjoin, restrain, or stop
the work contemplated by this Agreement. Nothing contained herein shall be construed
as prohibiting the Grantee, or its officers, agents, or employees, from defending through
the selection and use of their own agents, attorneys, and experts, any claims, actions or
suits brought against them. Nothing herein shall be construed as a limitation or waiver
of defenses available to the Grantor and its employees and agents, including without
limitation the Illinois Local Governmental and Governmental Employees Tort Immunity
Act, 745 ILCS 10/1-101 et seq.
9. Insurance. The Grantee shall carry and maintain at its own cost all necessary
liability insurance (which shall include as a minimum the requirements set forth below)
during the period of construction and during times of major repair of the Proposed
Improvements, for damages caused or contributed to by the Grantee or its employees
or contractors, and insuring the Grantee against claims which may arise out of or result
from the Grantee's performance or failure to perform the Permitted Activities hereunder:
comprehensive general liability coverage, and designating the Grantor as additional
insured for not less than $2,000,000 combined single limit for bodily injury, death and
property damage, per occurrence. If requested, the Grantee will provide certificates of
the policies of insurance evidencing the coverage and amounts set forth in this Section.
The Grantee understands that the acceptance of certificates, policies and any other
documents by the Grantor in no way releases the Grantee and its subcontractors from
the requirements set forth herein.
10. Default. It shall be considered a "Default" under this Easement
Agreement if either Party fails to substantially comply with any provision of this
Easement Agreement and does not cure such failure within 60 days after written notice,
except where the default cannot reasonably be cured in 60 days, in which case if the
noncompliant Party has begun and continues efforts to remedy the default as soon as
practicable, then such additional time shall be given to remedy the default. In the event
of a Default, then either Party may terminate this Easement Agreement by written notice
to other Party. Such termination right shall be in addition to all rights and remedies
available to either party at law or in equity, including, without limitation, specific
performance.
11. Third Partv Beneficiaries; No Effect on Other Rights of the Parties. This
Easement Agreement is not intended to and in no way confers any rights upon third
parties.
12. Attornevs' Fees, Jurisdiction for Disputes, and Governinq Law This
Agreement shall be governed by and construed and enforced in accordance with the
laws of the State of Illinois, excluding its choice of law rules. In the event of a dispute
hereunder, the parties agree to submit to the exclusive jurisdiction of the state courts of,
and federal courts sitting in, Cook County, Illinois.
13. Notices. Any notice, demand, request or other communication which
any party may desire or may be required to give to any other party hereunder shall be
given in writing at the addresses set forth below by any of the following means: (a)
personal service; (b) electronic communication, by facsimile together with confirmation
of transmission; (c) overnight courier; or (d) registered or certified United States mail,
postage prepaid, return receipt requested.
If to Northwestern:
Northwestern University
633 Clark Street
Evanston, Illinois 60208
Attn: Senior Vice President for Business and Finance
with copy to:
5
Northwestern University
Office of General Counsel
633 Clark Street
Evanston, Illinois 60208
Attn: General Counsel
If to the Citv:
City of Evanston
Attn: City Manager
2100 Ridge Avenue
Evanston, Illinois 60201
With a copy to:
City of Evanston
Attn: Corporation Counsel
2100 Ridge Avenue
Evanston, IL 60201
14. Entire Aqreement. This Easement Agreement shall constitute the entire
contract between the parties and shall supersede any and all prior agreements between
the parties hereto with respect to the granting use of the Easement Area to the Grantee.
No modification, waiver or amendment of this Easement Agreement or any provision
hereof shall be valid unless the same is in writing, and signed by both parties hereto.
15. Counterparts. This Easement Agreement may be executed in any one or
more counterparts, each of which shall be deemed an original and all of which when
taken together shall constitute one Easement Agreement.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement
as of the date executed by the Grantor.
NORTHWESTERN UNIVERSITY CITY OF EVANSTON
By: By:
Name: Name:
Title: Title:
Date: Date:
EXHIBIT A
PLAT OF EASEMENT
PLA T OF EASEIIIENT
OF
A 15.00 FOOT UTILITY EASEMENT IN SHERIDAN ROAD BELOW GROUND LEVEL NOT TO EXCEED A MAXIMUM DEPTH OF 1200 FEET (AS MEASURED FROM THE
EXISTING CENTERLINE OF SHERIDAN ROAD) TOGETHER WITH A 10.00 FOOT U7ILITY EASEMENT IN THE ALLEY IN BLOCK 11 IN CITY OF EVANSTON
SUBDIVISION BELOW GROUND LEVEL NOT TO EXCEED A MAXIMUM DEPTH OF 12.00 FEET (AS MEASURED FROM 774E EXIS77NG CENTERLINE OF SAID ALLEY)
OF 7HAT PART OF SHERIDAN ROAD AND THE ALLEY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSEC77ON OF THE SOUTH LINE OF SHERIDAN ROAD
AND THE CENTER LINE OF THE ALLEY IN BLOCK it IN CITY OF EVANSTON SUBDIVISION IN FRACTIONAL SECTIONS 7 AND 18, TOWNSHIP 41 NORTH,
RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 19'21'08" EAST ON AN ASSUMED BEARING ALONG THE NORTHERLY
EXTENSION OF THE CENTERLINE OF SAID ALLEY A DISTANCE OF 15.00 FEET; THENCE SOUTH 70'39'33" EAST ALONG A LINE 15.00 FEET
NORTHEASTERLY OF AND PARALLEL WITH THE SOUTHERLY LINE OF SHERIDAN ROAD A DISTANCE OF 85.00 FEET; THENCE SOUTH 19-21-08"
60' WEST, 15.00 FEET TO THE SOUTHERLY LINE OF SHERIDAN ROAD; THENCE NORTH 70'39'33" WEST ALONG THE SOUTHERLY LINE OF SHERIDAN
ROAD A DISTANCE OF 75.00 FEET TO THE SOUTHEASTERLY LINE OF SAID ALLEY, THENCE SOUTH 19'21'08" WEST, ALONG THE
SOUTHEASTERLY LINE OF SAID ALLEY 284.82 FEET; THENCE NORTH 70'38'52" WEST, 20.00 FEET TO THE NORTHWESTERLY LINE OF SAID
ALLEY; THENCE NORTH 19'21'08" EAST, ALONG THE NORTHWESTERLY LINE OF SAID ALLEY 10.00 FEET; THENCE SOUTH 70'38'52" EAST, 10.00
FEET TO THE CENTER LINE OF SAID ALLEY; THENCE NORTH 19'21'08" EAST, 274.82 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY,
ILLINOIS.
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S 70 38 10. 00 •, O 035-003026
STATE OF 6 N 19 21 'O8 "E COUNTY OF LAKE))S.S. ,,•i,4.i ,,,,
10. 00' GEWALT HAMILTON ASSOCIATES INC., DO HEREBY CER77FY THAT WE
HAVE PREPARED THIS PLAT OF EASEMENT FROM EXIS77NG PLATS AND
N70 38'52 "W PLANS
SHOWN FOR THE PURPOSE OF GRANTING THE U7ILITY EASEMENT AS
20. 00' l HEREBY AUTHORIZE A REPRESENTA77VE FOR THE CITY OF EVANSTON TO
STATE OF ILLINOIS) RECORD THIS PLAT WITH THE COOK COUNTY RECORDERS OFFICE.
COUNTY OF COOK) S.S.
GEWALT HAMILTON ASSOCIATES, INC. DATED THIS 157H. DAY OF
APPROVED AND ACCEPTED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, JULY, 2019.
COOK COUNTY, ILLINOIS ON THIS ____ DAY OF 2019.
EDWARD A. HEDGE, ILLINOIS PROFESSIONAL LAND SURVEYOR NO. 3026
BY. CITY CLERK, EVANSTON, ILLINOIS MY LICENSE EXPIRES NOVEMBER 30, 2020
GplAff HNjffffl SHERIDAN ROAD FILE 4550.095—ESMT.dwg
1 E SINC.BLOCK 11 DRAWN BY: EAH GHA PROJECT # ASSOCIATES, I NORTHWESTERN UNIVERSITY DATE 07/15/19 4550.095
625 Forest Edge Drive ■ Vernon Hills, IL. 60061
TEL 847.478.9700 ■ FAx 847.478.9701 CHECKED BY; I SCALE 1 "=60'