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HomeMy WebLinkAboutRESOLUTIONS-1992-048-R-926/17/92 48-R-92 A Resolution Authorizing the City Manager to Enter into an Easement Agreement with the Chicago Transit Authority to Maintain and Construct a Sewer WHEREAS, The Chicago Transit Authority, a municipal corporation, political subdivision and unit of local government, owns and has title to certain real estate located in the City of Evanston ("City"), Cook County, Illinois, south of Mulford Street near the Skokie Swift tracks; and WHEREAS, the City desires three (3) perpetual easements for a 72-inch sewer, as shown and described in Exhibit A to the Easement Agreement; and WHEREAS, the City Council finds and determines that the best interests of the City and its residents will be served by entering into said Easement Agreement with The Chicago Transit Authority to provide sewer service to the citizens of Evanston; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to sign, and the City Clerk hereby authorized to attest on behalf of the City of Evanston, a perpetual easement agreement, in substantial conformance with that in Exhibit 1, attached hereto and made a part hereof, by and between the City as grantee and The Chicago Transit Authority as 48-R-92 grantor, for purposes of constructing and maintaining a sewer east of Mulford Street near the Skokie Swift tracks. SECTION 2: That the City Manager is hereby authorized and directed to negotiate any additional terms and conditions as he may determine are in the best interests of the City. SECTION 3: That this Resolution shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. Mayor -pro Inam ATTEST: Cit Clerk Adopted:9`1-1C E oZrk , 1992 2 Exhibit 1 EAS EMENT GRANT THIS AGREEMENT,, made and entered into this day of , 1992, by and between the City of Evanston, a body politic and corporate of Cook County, Illinois (hereinafter referred to as the 'City") and THE CHICAGO TRANSIT AUTHORITY, a municipal corporation, political subdivision and unit of local government, (hereinafter referred to as the "Owner"). W I T N E S S E T H WHEREAS, Owner is the fee simple titleholder of certain real estate situated in the County of Cook, State of Illinois, which real estate is legally described as Parcel A, Parcel B and Parcel C and is depicted on Exhibit A prepared by the City's consultant, Harza Environmental Services Inc., which is attached hereto and by this reference incorporated herein and made a part hereof, (which real estate shall be referred to hereinafter as the "Easement Premises"); and WHEREAS, the City desires to perform construction, the scope of which is described herein, over, upon, and under the Easement Premises at a location depicted on Exhibit B attached hereto and made a part hereof; NOW THEREFORE, in consideration of the foregoing and for the sum of TWENTY THOUSAND DOLLARS ($20,000.00) and other good and valuable consideration paid by the City to Owner, the receipt and sufficiency of which are hereby acknowledged, the parties hereto mutually agree as follows: 1) Owner hereby grants, conveys, warrants and dedicates to the City, its successors and assigns, a perpetual, nonexclusive easement running with the land, subject to the terms and conditions hereinafter set forth, over, upon, and under, the Easement Premises for the following purpose and no other purpose whatsoever: To permit the construction, installation, maintenance, operation and removal of a 48 inch sewer outfall at Parcel A, a 72 inch sewer outfall at Parcel B and a 72 inch sewer at Parcel C (hereinafter collectively referred to as the "Improvements"). The City 'may abandon in place said Improvements only with the consent of the Owner, which shall not be unreasonably withheld. The Owner's decision whether to grant or not grant consent to abandon said improvements shall be based, among other things, on an assessment .of the engineering circumstances at the Easement Premises at the time of the City's request. 8 5/93 2) Nothing contained herein shall give the City the right or permission, nor is anything contained herein intended to give a right or permission, to ingress and egress any adjoining lands of the Owner without the prior written consent of Owner. The City understands and agrees that it must obtain an approved Entry Permit .from Owner to enter Owner's right of way except as permitted herein. 3) The City shall construct, install, operate, maintain and remove the Improvements in a good and workmanlike manner, all at the sole cost, risk and expense of the City, and shall not prevent Owner's access to its railroad right of way or engage in any activities or acts that have that effect. The construction, installation, maintenance and/or removal of the improvements or any portion thereof shall be in accordance with plans and specifications prepared at the City's sole cost and expense. No construction or installation of any Improvements) shall commence until the plans and specifications for same have been reviewed and approved in writing by the Owner, which approval shall be consistent with the terms of this Agreement and shall not be unreasonably withheld or delayed. The construction, installation, operation, maintenance and/or removal of the Improvements or any part thereof shall be as unobtrusive as possible. 4) All fences, roads, .landscaping and improvements adjacent to the Easement Premises will be restored to their former or better condition and state of repair by the City if disturbed or altered in any manner by the construction, installation, operation, maintenance and/or removal of the Improvement or because of any act or activity undertaken by the City or any person acting on its behalf pursuant to this Agreement. The City expressly agrees that with respect to any and all Improvements made to the Easement Premises under the authority of this Agreement, the Owner shall have absolutely no obligation or responsibility regarding said Improvements inclusive of repair, maintenance, replacement, rebuilding, reconstruction and upkeep. 5) In the event that either the Owner requires the use of the Easement Premises for any corporate purpose or the City no longer requires use of the Easement Premises for use as a sewer outf all, this Easement Grant shall terminate and all rights or privileges granted to the City pursuant to this Easement Grant shall terminate effective 120 days from the date the Owner provides the City with a written notice of termination. The City shall, at its sole cost and expense, remove the Improvements from the Easement Premises and restore the Easement Premises to its former or better condition. 6.(a) The City agrees and acknowledges that the Owner has made no representation concerning the presence or absence of any Hazardous Material on, in, under or about the Easement Premises or any property adjacent to the Easement Premises and that the Owner 5 /91 2 has made no representation or warranty concerning the existence or non-existence of any past or present violation of, or obligation arising in connection with any Environmental Laws affecting the Easement Premises. The City hereby waives any and all claims, actions, causes of action, suits or demands of any nature against the Owner which the City may have now or in the future for damages, payments, costs or expenses (including, without limitation, claims of contribution or indemnity and any expenses of investigation of the condition of the Easement Premises, regardless of the results of such investigation, and claims arising under, or pursuant to, any Environmental Laws including, without limitation, CERCLA,) suffered by the City as a result of the presence or alleged presence of any Hazardous Material on, in, under. about or near the Easement Premises, the violation, at any time in the past, present or future, of any Environmental Laws affecting the Easement Premises or the existence of any undischarged obligation under any Environmental Laws relating to the Easement Premises. This waiver shall survive the grant of easement by the Owner to the City. (b) The City shall not cause or permit any Hazardous Material to be stored, treated, generated, discharged, released or transported to, at, upon, in or under the Easement Premises in violation of any Environmental Laws. (c) Notwithstanding anything to the contrary herein, the City shall not cause or permit any Hazardous Material to be disposed of at, upon, in or under the Easement Premises. In the event of the release, spill, discharge, leakage or disposal of an any Hazardous Material at, upon, in or under the Easement Premises, the City shall (1) notify Owner of such release, spill, discharge, leakage or disposal; and (2) promptly undertake, at its sole cost and expense, all actions as are necessary to return the Easement Premises to the condition existing prior to such release, spill, discharge, leakage or disposal; provided, however, that the City shall first obtain the owner's approval of any such remedial actions. (d) The City shall obtain and comply with, at its sole cost and expense, any and all licenses, permits, registrations, governmental approvals and consents, and financial assurances (including, without limitation, insurance) required under Environmental Laws in connection with the Easement Premises. The City shall provide a copy of any such licenses, permits, registrations, governmental approval and consents and forms of financial assurance to the Owner. (e) The City shall promptly send owner a copy of any notice of violation, complaint, citation, demand, claim, inquiry or correspondence issued or brought by any governmental entity or.any person or entity regarding the Easement Premises and which relates to environmental matters or the environmental condition of the Easement Premises, including without limitation any violation or V91 3 obligation arising under any Environmental Laws. (f ) The City shall indemnify, defend ( at trial and appellate levels and with counsel, experts and consultants acceptable to owner) save and keep Owner, its directors, officers, employees and agents, and Owner's assigns and any successors to Owner's interest in the chain of title of the Easement Premises and their partners, directors, officers, employees and agents, harmless from and against any and all liability, demands, claims, actions, or causes of action, assessments, losses, fines, penalties, costs (including, without limitation, any investigatory, removal or remedial costs), damages and expenses (including without limitation reasonable attorneys', consultants' and witness' fees), sustained or incurred as a result of or arising out of or by virtue of: 5/91 (i) any generation, transportation, storage, treatment or disposal of any Hazardous Material which occurred or is alleged to have occurred either at the Easement Premises or at any off -site location with regard to Hazardous Material generated, manufactured, sold, transported, handled, stored, treated, recycled, reclaimed or reused by the City or its agents at, upon or from the Easement Premises during the term of this Agreement; (ii) any spills, discharges, leaks, emissions, injections, escapes, dumping, releases or threatened releases of any Hazardous Material at or upon the Premises which resulted from or were caused by, or which are alleged to have resulted from, or to have been caused by, activities, events, conditions or occurrences during the term of this Agreement; (iii) any discharges'to surface waters or groundwaters which resulted from or were caused by, or which are alleged to have resulted from, or to have been caused by, activities, events, conditions or occurrences at or upon the Easement Premises during the term of this Agreement; (iv) any air emissions which resulted from or were caused by, or which are alleged to have resulted from, or to have been caused by, activities, events, conditions or occurrences at or upon the Easement Premises during the term of this Agreement; (v) the exposure of, and resulting consequences to any persons, including without limitation employees or agents of the City, to any Hazardous Material generated, processed, handled, stored, treated, used or released in the construction, installation, operation, maintenance or removal of the Improvements at the Easement Premises; 4 I I (vi) any violation of, or any obligation arising in connection with, any Environmental Law which results from or is caused by, or is alleged to have resulted from, or to have been caused by, activities, events, conditions or occurrences at or upon the Easement Premises during the term of this Agreement. (g) The City covenants and undertakings in this Section 6, including, without limitation, the City's indemnification obligations, shall be in addition to any other obligations and liabilities the City may have to the Owner under this Easement Agreement, at common law or under any law, statute, ordinance or regulation. The City's indemnification obligations shall survive the expiration or earlier termination of this Agreement. (h) For purposes of this Agreement, "Environmental Laws" means any past, present or future federal, state or local laws, statute, regulations, rules, ordinances and policies relating to environmental matters and contamination of any type whatsoever, including without limitation, those relating to: (1) treatment, storage, disposal, generation or transportation of any Hazardous Material; (2) spills, discharges, leaks, emissions, escapes, dumping or other releases or threatened releases of any Hazardous Material into the environment, whether or not notification or reporting to any federal, state or local agency was or is required; (3) air, water or noise pollution; (4) surface or groundwater contamination; (5) the protection of natural resources; (6) wildlife, marine sanctuaries or wetlands; (7) storage tanks, vessels and related equipment; (8) abandoned or discarded barrels, containers and other closed receptacles; (9) health and safety of employees and other persons; (10) reporting or notification regarding or relating to any Hazardous Material; and (11) otherwise relating to the manufacture, processing, use, distribution, treatment, storage, disposal, transportation or handling of any Hazardous Material. (i) For purposes of this Agreement, "Hazardous Material" means: (1) any pollutant, contaminant, pesticide, solid waste or hazardous or extremely hazardous, dangerous or toxic waste, substance, chemical, or material within the meaning of any applicable federal, state or local statute, law, code, rule, regulation, ordinance, order, standard, permit license or requirement (including consent decrees, -judicial decisions and administrative orders), together with all amendments thereto and reauthorizations thereof, including but not limited to (i) any "hazardous substance" as defined by the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. S 9601, et sec.., and all amendments thereto and reauthorizations thereof; and 5/91 5 (ii) any "hazardous waste" as defined by the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C., 5 6902, et sue., and all amendments thereto and reauthorizations thereof; (2) even if not prohibited, limited or regulated by Environmental Laws, any pollutant, contaminant, hazardous, dangerous or toxic chemical material, waste or any other substance, including, without limitation, any industrial process or pollution control waste (whether or not hazardous within the meaning of RCRA) which may or could pose a hazard to the environment or the health and safety of any occupant, user or third party at the Easement Premises or any owner, operator, occupant, user, or third party at property near (but necessarily contiguous to) the Easement Premises, or could presently or at any time in the future cause a detriment to, or impair the beneficial use and/or economic value of the Easement Premises or the Owner's Adjacent Property, or any portion thereof; (3) petroleum, crude oil or any fraction thereof; (4) natural gas, natural gas liquids, liquified natural gas (all the foregoing collectively called "Natural Gas Products"), synthetic gas or mixtures of Natural Gas Products and synthetic gas; (5) any radioactive material, including any source, special nuclear or byproduct material, however produced, as defined in the Atomic Energy Act, 42 U.S.C. §2011 et seq., and amendments thereto and reauthorizations thereof; (6) asbestos -containing materials in any form or condition; or. (7) chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et seq. 7) The City agrees that it will save and hold Owner harmless for all damages, costs or liabilities suffered because of injury to or death of any person or persons or damage(s) to property, that may arise out of or as a consequence of.the activities of the City or its authorized agents, servants or employees in or about the Easement Premises And arising from this Agreement. 8 ) The City agrees that it shall save and hold the Owner harmless from any damage to City's improvement from whatever cause, including but not limited to vibration and train parts. 9) The City agrees that it will save and hold Owner harmless 5/91 6 11 from any costs or expense suffered by the Owner to property due to any activity or condition caused by construction of any Improvement pursuant to the provisions of Article 1 of this Agreement including, without limitation, release of any Hazardous Material or Substance that may exist on the Easement Premises. 10) The City shall issue to Owner a Certificate of Self - Insurance reflecting the City's policy for funding of legal obligations and that the City has funds available to cover any liabilities associated with the Easement Grant against claims for bodily injury, death and property damage occurring in and about the Easement Premises or the property adjacent thereto for an amount of not less than $3,000.000.00. Such Certificate shall be updated and reissued to Owner upon Owner's request. Should the City at*some future date purchase liability insurance, the Owner shall be named as an additional insured with regards to the Owner's interest in the Easement granted under this Agreement. 11) Owner hereby reserves the right to utilize the Easement Premises for the purposes of performing routine inspection and maintenance of its railroad tracks which exist on, adjacent and over the Easement Premises and for emergency ingress and egress. 12) All rights, titles and privileges herein granted, including all benefits and burdens, shall run with the, land and shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, grantees, successors, assigns and legal representatives unless and until this Agreement is terminated either by reason of the City's default or by the Owner as provided in Section 5 hereof. END OF PAGE s/�1 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. ATTEST: CITY OF EVANSTON amity Clerk City Manager ATTEST: CHTCAGO TRANSIT AUTHORITY Secretary Chairman Authorized by Chicago Transit Board Ordinance No. 91-85. Approved As to Form and Legality I General Attorney 5/91 8 9 1 z 0 z Q W LL O y 1- —jI }1 H u I B I MULFORD STREET I-- _ 450' CTA - SKOKIE SWIFT 1 C 1 li I 2 ' 3 EASEMENTS ACROSS CTA PROPERTY Three, 20 ft wide easements for the ingress, egress, maintenance and construction purposes over, along and across the CTA Skokie Swift property, south of Mulford Avenue in the City of Evanston, the centerline of the said easements being described as follows: A. Beginning at a point 10 ft, as measured in the easterly . direction, along the southern boundary of the property, from the northwest corner of Hartrey Avenue and extending 155 feet, as measured in the northerly direction, along a line which forms a clockwise angle of 90 degrees with the south boundary of the property, to the northern boundary of the property, all in the northwest 1/4 of Section 25, Township 41, North Range 13, East of the third Principal Meridian in Cook County, Illinois. B. Beginning at a point 10 ft, as measured in the southerly direction, along the western boundary of the property, from the northwestern corner of the property and extending 450 feet as measured in the easterly direction, along a line parallel to the north boundary of the property, all in the northwest 1/4 of Section 25, Township 41, North Range 13, East of the third Principal Meridian in Cook County, Illinois. C. Beginning at a point 30 ft, as measured in the easterly direction, along the northern boundary of the property, from the west city limits of the City of Evanston and extending 145 feet, along a line parallel to the city limits of Evanston, to the southern boundary of the property, all in the northeast 1/4 of Section 25, Township 41, North Range 13, East of the third Principal Meridian in cook County, Illinois. 20' n_:l A Lj a 1 G I W cc � ac I a x SCALE 0 100 200 FEET CITY OF EVANSTON EVANSTON, ILLINOIS PROPOSED SEWER EASEMENT w�■u n�m� /rol■cc M.non Chk■ .11li,ea 10" I0". N■. M M M 20' Ig MULFORD STREET'-�_ �IVA _ 565' _� CTA - SKOKIE SWIFT to a W W I Q < i ( Q Z EASEMENTS ACROSS CTA PROPERTY O {- (q Three, 20 feet wide easements for the ingress, egress, maintenance and construction purposes over, along and across the Z CTA Skokie Swift property, south of Mulford Street in the City of Q > Evanston, the Centerline of the said easements being described as W follows: IL A. Beginning at a point 10 feet, as measured in the O easterly direction, along the southern boundary of the y Chicago Transit Authority Property from the F intersection of southern property line of Chicago Transit Authority and westerly right-of-way of Hartrey Ave. and extending 155 feet, as, measured in the JI northerly direction, along a line which forms a clockwise angle of 90 degrees with the south boundary H oT the Chicago Transit Authority Property, to the ' U northern boundary of the Chicago Transit Authority Property, all in the northwest 1/4 of Section 25, Township 41, North Range 23, East of the third Principal Meridian in Cook County, Illinois. B. Beginning at a point 10 feet as measured in southerly direction along the westerly line of Chicago Transit Authority property, (said line being more or less 66 feet east of and parallel to the west city limit of the City of Evanston) from the northwest corner of Chicago Transit Authority Property and extending 565 feet as measured in the easterly direction along a line parallel to the northerly property line of Chicago Transit Authority, all in the northwest 2/4 of section 25, Township 41, North Range 13, East of the Third Principal Meridian in Cook County Illinois. EXHIBIT A C. Beginning at a point 30 feet, as measured in the SCALE 0 100 200 FEET CITY OF EVANSTON easterly direction, along the southern boundary of the EVANSTON. OU.PNOIS Chicago Transit Authority Property from the west city limits of the city of Evanston and extending 145 feet, PROPOSED SEWER along a line parallel to the city limits of Evanston, to the northern boundary of the Chicago Transit EASEMENT Authority property, all in the northwest 2/4 of Section ' 25, Township 41, North Range 13, East of the third ®� A Principal Meridian in Cook County, Illinois. m�nmi . ChkKo. jno b I D— I n^9. No ) z O F- b z Q W LL O 07 _F Jt F U 1 B 72' p/ SEWER 1 MULFORD STREET 1 1 565' _ i-72' r SEWER CTA - SKOKIE SWIFT I c L-- EASEMENTS ACROSS CTA PROPERTY Three, 20 feet vide easements for the ingress, egress, maintenance and construction purposes over, along and across the CPA Skokie Swift property, south of Mulford Street in the City of Evanston, the centerline of the said easements being described as follows- A. Beginning at a point 10 feet, as measured in the b� A m 48' p� SEWER lll Q } 1 w c a x easterly direction, along the southern boundary of the Chicago Transit Authority Property from the intersection of southern property line of Chicago Transit Authority and westerly right-of-way of Hartrey " Ave. and extending 155 feet, as measurea in the northerly direction, along a line which forms a " clockwise angle of 90 degrees with the south boundary of the Chicago Transit Authority Property, to the " northern boundary of the Chicago 'Transit Authority Property, all in the northwest 1/4 of Section 25, Township 41, North Range 13, East of the third Principal Meridian in cook County, Illinois. . B. Beginning at a point 10 feet as measured in southerly direction along the westerly line of Chicago Transit Authority property, (said line being more or less 66 feet east of and parallel to the west city limit of the City of Evanston) from the northwest corner of Chicago Transit Authority Property and extending 565 feet as measured in the easterly direction along a line parallel to the northerly property line of Chicago Transit Authority, all in the northwest 1/4 of section 25, Township 41, North Range 13, East of the Third EXHIBIT B Principal Meridian in cook County Illinois. C. Beginning at a point 30 feet, as measured in the SCALE 0 100 200 FEET CITY OF EVANSTON easterly direction, along the southern boundary of the 1 fw11N5TON, ILLINOIS Chicago Transit Authority Property from the Nest city limits of the City of Evanston and extending 145 feet, PROPOSED SEWER along a line parallel to the city limits of Evanston, to the northern boundary of the Chicago Transit EASEMENT Authority property, all in the northwest 1/4 of Section 25, Township 41, North Range 13, East of the third 1u =HAR77���______-__ _- Principal Meridian in Cook County, Illinois. ���� •,oNcl.4�� Chk"o, 111;mi I Dm D-g No. • w w