HomeMy WebLinkAboutRESOLUTIONS-1993-014-R-931/14/93
• 14-R-93
A Resolution
Authorizing the City Manager to Enter
into an Easement Agreement with
Shure Brothers Company to Maintain and
Construct a Sewer
WHEREAS, Shure Brothers Company, organized and existing
under the laws of the State of Illinois, owns and has title to
certain real estate located in the City of Evanston ("City"),
Cook County, Illinois, east of the North Shore Channel and south
of the Skokie Swift tracks; and
WHEREAS, the City desires two (2) perpetual easements
for a 72-inch sewer, as shown and described in Exhibit A; 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 Shure
Brothers
Company 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 A, attached hereto and made a part hereof, by and
between the City as grantee and Shure Brothers Company as
grantor, for purposes of constructing and maintaining a sewer
east of the North Shore Channel and south of the Skokie Swift
tracks.
14-R-93
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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
TES
Ci Clerk
Adopted: 1993
• Easement Agreement for two perpetual Easements Across Shure
9 P P
Brothers Property for Ingress and Egress, and construction and
maintenance of one Relief Sewer in Evanston, Illinois.
EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
1992, by and between LaSalle National Trust, N.A.,
Successor Trustee to LaSalle National Bank as Trustee under Trust
Agreement dated March 31, 1975 and known as Trust No. 48804,
hereinafter called the "Grantor" and the CITY OF EVANSTON, a
municipal corporation, organized and existing under the laws of
the State of Illinois, hereinafter called the "Grantee".
• WHEREAS, the Grantee desires 2 perpetual Easements for a 72"
sewer located in Evanston, Illinois east of the North Shore
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Channel and south of the Skokie Swift tracks, as shown and
described in Exhibit A; and
WHEREAS, the Grantor is willing to grant to the Grantee the
easements aforesaid, upon the conditions hereinafter set forth,
NOW, THEREFORE, for and in consideration of the -
representations, covenants, conditions, undertakings, and
agreements herein made, the parties hereto agree as follows:
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ARTICLE ONE
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1.01 All of the foregoing recitals are incorporated by
reference herein and made a part hereof, which constitute the
factual basis for this transaction.
1.02 The Grantor hereby grants unto the Grantee a
perpetual easement, right, privilege and authority to construct,
reconstruct, repair, operate and maintain and remove its
"Improvements and Facilities" and access thereto, on and under
the easement premises legally described and depicted in Exhibit
"A" which is attached hereto and made a part hereof and for no
other purpose whatsoever. The Improvements and Facilities
consist of a 7211 diameter relief sewer pipe.
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1.03 The Grantee covenants and agrees in consideration of
the grant of said easement to pay to the Grantor a one-time
easement fee of one and no/100 dollars ($1.00), receipt of which
is hereby acknowledged.
ARTICLE TWO
2.01 Grantee shall construct, install, operate, maintain
and remove the "Improvements and Facilities", in a good and
workmanlike manner at its sole cost, risk and expense.
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ARTICLE THREE
3.01 The Grantor expressly retains its interest in and
rights to the use and occupation of the easement premises subject
to the easement rights herein granted, and subject to the
Grantee's right, on reasonable advance notice to Grantor, to
reasonable means of access to said relief sewer and appurtenances
for the construction, reconstruction, repair, relocation,
maintenance or removal of same.
3.02 The Grantee shall defend, indemnify, keep and save
harmless the Grantor, its trustees, officers, employees and
agents and Grantee's beneficiary and its parent, subsidiary and
• affiliated companies and the officers, employees, and agents of
each of them against all injuries, deaths, losses, damages,
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claims, patent claims, liens, suits, liabilities, judgments,
costs or expenses (including reasonable attorneys fees) which may
in any wise accrue, directly or indirectly as a result of
negligence or omission of Grantee or its employees, or Grantee's
contractors or subcontractors or their employees, in consequence
of the granting of this easement.
ARTICLE FOUR
4.01 The Grantee covenants and agrees that it will
reimburse the Grantor, make all necessary repairs (including
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replacement of subsurface and surface, to conditions existing as
of the date hereof) at its sole cost and expense and otherwise
keep'and save harmless the Grantor from any loss, cost or expense
suffered to the property of the Grantor by way of damage to or
destruction thereof, caused by any act or omission of the
Grantee, Grantee's agents, employees, contractors or sub-
contractors, or their employees.
ARTICLE FIVE
5.01 The easement herein granted shall be binding upon
and inure to the benefit of the parties hereto and their
respective successors and assigns.
ARTICLE SIB •
6.01 The Grantee, prior to entering upon said premises
and using the same for the purposes for which this easement is
granted, shall at Grantee's sole cost and expense obtain all
permits, consents and licenses which may be required under any
and all statutes, laws, ordinances and regulations of the United
States of America, the State of Illinois, the County, and the
City in which the subject property is located.
6.02 Grantor retains the right (but shall not be
obligated) to connect to the relief sewer to be installed in the
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easement for purposes of draining the parking. -lot traversed,by
the easement. Cost of such connections shall -be borne by the
Grantor.
IN WITNESS WHEREOF, on the day and year first above written,
the parties hereto have caused these presents, including Riders
and Exhibits, if any, to be executed in triplicate by their duly
authorized officers, duly attested and their corporate seals to
be hereunto affixed.
• ATTEST:
Clerk
ATTEST:
Its:
HFSIOURP UP -PS/
5799IA920926\921218
SHURE BROTHERS COMPANY
By:
LASALLE NATIONAL TRUST, N.A., as Trustee
as aforesaid
By:
Its:
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