HomeMy WebLinkAboutRESOLUTIONS-1994-016-R-94r
3/7/94
16-R-94
A Resolution
Authorizing the Grant of a
License to Ralph L. Dupuis
Allowing Concrete Steps to Remain
on the Public Sidewalks
WHEREAS, Ralph L. Dupuis ("Licensee") is the owner of
the subject property at 1006-1010 Davis Street, Evanston,
Illinois, legally described as follows:
Lots 1, 2, and 3 in the subdivision of the North 135.0
feet of Lot 2 in Block 62 in Evanston in the Southwest
1/4 of Section 18, Township 41 North, Range 14, East of
the Third Principal Meridian, in Cook County, Illinois.
WHEREAS, the subject property is improved with a
structure containing Lemoi Ace Hardware Store on the ground floor
and apartment dwelling units on the second floor;
WHEREAS, concrete steps leading to the apartments are
located on the public sidewalk; and
WHEREAS, the concrete steps encroach approximately 1.2
feet on the public sidewalk; and
WHEREAS, the Site Plan Review and Appearance Committee
has reviewed the plans designed for removal of the concrete steps
and determined that allowing the existing concrete steps at each
apartment tier's entryway to remain will allow the security doors
to remain at about sidewalk level; and
WHEREAS, if the security doors are removed, the
interior staircases will be exposed to the weather and represent
an unsafe condition; and
16-R-94
WHEREAS, the City Council of the City of Evanston finds
and determines that the best interests of the City and its
residents would be served by the grant of a license to allow the
aforesaid steps to remain,
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 and
directed to attest on behalf of the City of Evanston, a License
Agreement in substantial conformity with that attached hereto as
Exhibit 1 and made a part hereof, between the City, as Licensor,
and Ralph L. Dupuis, as Licensee, providing for Licensee's
retention of concrete steps on the public sidewalk abutting the
premises at 1006-1010 Davis Street, Evanston, Illinois.
SECTION 2: That the City Manager is hereby authorized
and directed to negotiate any additional terms and conditions in
connection with said License Agreement 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
16-R-94
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ATTES ^
City lerk
Adopted: 91,
azv OC / , 1994
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EXHIBIT 1
Revocable License Agreement
The CITY OF EVANSTON, an Illinois municipal corporation
("City"), for good and valuable consideration, receipt of which
is acknowledged, does hereby grant to Ralph L. Dupuis
("Licensee"), a license to retain certain concrete steps on the
public sidewalk abutting 1006-1010 Davis Street. Said steps are
located as set forth in the plat of survey attached hereto and
incorporated by reference as Exhibit A. The License is made by
the City and accepted by the Licensee upon these terms and
conditions, and Licensee agrees that should.the Licensee at any
time violate any of said terms or conditions, or use or attempt
to use said property for any other or different purpose than that
specified herein, then the City may, at its option, immediately
revoke this License:
1. That the License is for the exclusive purpose of
allowing retention of the aforesaid steps, described as follows:
See Exhibit A
2. That Licensee acquires no rights below the surface of
the sidewalk by virtue of this License.
3. The public sidewalk which is the subject of this
License is that area so designated on Exhibit A.
4. That the City is under no obligation hereby or
hereunder to retain the sidewalk in question or to retain the
sidewalk at its present grade, elevation, pitch, or any other
condition.
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5. That Licensee may repair or reconstruct the concrete
steps, if a) all applicable permits and approvals are obtained,
b) whether or not any permits or approvals are required, Licensee
will notify the City Engineer in writing, before beginning any
work, and c) will not enlarge the footprint of the steps.
6. As a material consideration to the City for entering
into this License and without which the City would not enter into
same, Licensee agrees to indemnify and save and hold harmless the
City, its successors and assigns, from all liability for injuries
to persons, deaths, or losses or damages to property resulting
from the giving of this License or arising out of or caused by
the construction, installation, maintenance, use, presence, or
removal of the structures or objects by Licensee on the public
right-of-way as specified on Exhibit A, and the use and
occupation of the premises herein granted. The Licensee shall,
at his own expense, appear, defend and pay all charges of
attorneys and all costs and other expenses arising from or
incurred in connection with any of these provisions.
7. Prior to the signing of this License, Licensee will
provide the City with adequate and satisfactory insurance
coverage against all risk of harm or any injury to any party
through a recognized surety. Said insurance will name the City
as additional insured and will give the City thirty days' notice
of cancellation. Licensee will keep said insurance in effect
throughout the term of this License.
8. This License is not assignable or otherwise
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transferable by Licensee.
The CITY OF EVANSTON expressly reserves the right to revoke
this Licensee upon thirty (30) days' written notice if it is
determined in the best interest of the City to do so. In such
event, Licensee shall have no recourse against the City, and, if
directed by the City, Licensee shall promptly remove the steps
and promptly restore to its original condition, in compliance
with applicable regulations, any City -owned area exposed by
removal of the steps.
IN WITNESS WHEREOF, this License is executed this day
of , 1994.
By:
Ralph L. Dupuis
Attest: By:
Kirsten F. Davis Eric Anderson, City Manager
City of Evanston
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EXHIBIT NA"
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Ll (FOR PROPERTY COMMONLY AS 1006 —1010 DAVIS STREET)
WEST STAIRS # COMMENCING AT THE NORTHWEST CORNER OF LOT 3 OF LOTS 1, 2 AND 3 IN THE
SUBDIVISION OF THE NORTH 135.00 FEET OF LOT 2 IN BLOCK 62,N EVANSTON IN THE SOUTHWEST 1/4
OF SECTION IS THENCE EASTERLY ALONG THE SOUTH RIGHT- OF- WAY LINE OF DAVIS STREET FOR A
DISTANCE OF L44 FEET TO THE POINT OF BESROMG,TW-NCE NORTHERLY A DISTANCE OF U7 FEET,
THENCE EASTERLY PARALLEL TO SOUTH LINE OF DAVIS STREET FOR A DISTANCE OF 3.10 FEET,THENCE
SOUTHERLY A DISTANCE OF U8 FEET TO A POINT ON SOUTH LINE OF DAVIS STREET, THENCE WESTERLY
ALONG THE SOUTH LINE OF DAVIS STREET TO THE POINT OF BEGINNING, ALL IN THE SOUTHWEST 1/ 4
OF SECTION 18, TOWNSHIP 41 NORTH , RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY,
LLNNOIS .
EAST STARS I COMMENCING AT THE NORTHWEST CORNER OF LOT 3 OF LOTS I, 2 AND 3 IN THE SUBDIVI-
SION OF THE NORTH 135.00 FEET OF LOT 2 IN BLOCK 62,N EVANSTON N THE SOUTHWEST 1 /4 OF
SECTION 18,THENCE EASTERLY ALONG THE SOUTH RIGHT - OF - WAY LINE OF DAVIS STREET FOR A DIS -
TANCE OF 44.54 FEET TO THE PONT OF BEG*&" THENCE NORTHERLY A DISTANCE OF 12J FEET,
THENCE EASTERLY PARALLEL TO SOUTH LINE OF DAVIS STREET FOR A DISTANCE OF 4.10 FEET THENCE
SOUTHERLY A DISTANCE OF L21 FEET TO A POINT ON SOUTH LINE OF DAVIS STREET, THENCE WESTERLY
ALONG THE SOUTH LINE OF DAVIS STREET TO THE POINT OF BEGNNNG, ALL N THE SOUTHWEST 1/4
OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK
COUNTY , ILLNOIS.
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CITY OF EVANSTON
ENGINEERING DIV.
FEBRUARY 25, 1994
4
Revocable License Agreement
The CITY OF EVANSTON, an Illinois municipal corporation ("City"), for good and
valuable consideration, receipt of which is acknowledged, does hereby grant to Ralph L.
Dupuis ("Licensee"), a license to retain certain concrete steps on the public sidewalk
abutting 1006-1010 Davis Street. Said steps are located as set forth in the plat of survey
attached hereto and incorporated by reference as Exhibit A. The License is made by the
City and accepted by the Licensee upon these terms and conditions, and Licensee agrees
that should the Licensee at any time violate any of said terms or conditions, or use or
attempt to use said property for any other or different purpose than that specified herein,
then the City may, at its option, immediately revoke this License:
1. That the License is for the exclusive purpose of allowing retention of the
aforesaid steps, described as follows:
See Exhibit A
2. That Licensee acquires no rights below the surface of the sidewalk by virtue
of this License.
3. The public sidewalk which is the subject of this License is that area so
designated on Exhibit A.
4. That the City is under no obligation hereby or hereunder to retain the sidewalk .
in question or to retain the sidewalk at its present grade, elevation, pitch, or any other
condition.
5. That Licensee may repair or reconstruct the concrete steps, if a) all applicable
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permits and approvals are obtained, b) whether or not any permits or approvals are required,
Licensee will notify the City Engineer in writing, before beginning any work, and c) will not
enlarge the footprint of the steps.
6. As a material consideration to the City for entering into this License and
without which the City would not enter into same, Licensee agrees to indemnify and save
and hold harmless the City, its successors and assigns, from all liability for injuries to
persons, deaths, or losses or damages to property resulting from the giving of this License
or arising out of or caused by the construction, installation, maintenance, use, presence, or
removal of the structures or objects by Licensee on the public right-of-way as specified on
Exhibit A, and the use and occupation of the premises herein granted. The Licensee shall,
at his own expense, appear, defend and pay all charges of attorneys and all costs and other
expenses arising from or incurred in connection with any of these provisions.
7. Prior to the signing of this License, Licensee will provide the City with
adequate and satisfactory insurance coverage against all risk of harm or any injury to any
party through a recognized surety. Said insurance will name the City as additional insured
and will give the City thirty days' notice of cancellation. Licensee will keep said insurance
in effect throughout the term of this License.
8. This License is not assignable or otherwise transferable by Licensee.
The CITY OF EVANSTON expressly reserves the right to revoke this Licensee upon
thirty (30) days' written notice if it is determined in the best interest of the City to do so.
In such event, Licensee shall have no recourse against the City, and, if directed by the City,
Licensee shall promptly remove the steps and promptly restore to its original condition, in
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compliance with applicable regulations, any City -owned area exposed by removal of the
steps.
1996.
IN WITNESS WHEREOF, this License is executed this 0 day of
By.
Ralph L. Dupuig
By:
rsten F. Davis �dith Aiello; Interim City Manager
City Clerk City of Evanston
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EXHIBIT NA"
FOR PROPERTY COMMONLY AS 1006 -1010 DAVIS STREET)
44 1 WEST STAIRS a COMENCNG AT THE NORTHWEST CORNER OF LOT 3 OF LOTS 1, 2 AND 3 N THE
SUBDIVISION OF THE NORTH 05.00 FEET OF LOT 2 N BLOCK 62,N EVANSTON N THE SOUTHWEST 1/4
OF SECTION IS THENCE EASTERLY ALONG THE SOUTH RIGHT- OF- WAY LINE OF DAVIS STREET FOR A
DISTANCE OF L44 FEET TO THE POINT OF BE6I MG,TMNCE NORTHERLY A DISTANCE, OF U17 FEET,
THENCE EASTERLY PARALLEL TO SOUTH LINE OF DAVIS STREET FOR A DISTANCE OF 3JO FEET,THENCE
SOUTHERLY A DISTANCE OF U8 FEET TO A PONT ON SOUTH LINE OF DAVIS STREET, THENCE WESTERLY
ALONG THE SOUTH LINE OF DAVIS STREET TO THE POINT OF BEGINNING, ALL N THE SOUTHWEST 1 /4
OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN N COOK COUNTY,
L.LNOIS .
EAST STAIRS • COMMENCING AT THE NORTHWEST CORNER OF LOT 3 OF LOTS b 2 AND 3 N THE SUBDIVF
SION OF THE NORTH 135.00 FEET OF LOT 2 N BLOCK 62,N EVANSTON N THE SOUTHWEST 1 /4 OF
SECTION 16 THENCE EASTERLY ALONG THE SOUTH RIGHT - OF - WAY LINE OF DAVIS nac i FOR A DIS -
TANCE OF 44.54 FEET TO THE POINT OF BEGINNdG,TFENCE NORTHERLY A DISTANCE OF L21 FEET,
THENCE EASTERLY PARALLEL TO SOUTH LINE OF DAVIS STREET FOR A DISTANCE OF AJO FEET THENCE
SOUTHERLY A DISTANCE OF L2I FEET TO A POINT ON SOUTH LINE OF DAVIS STREET, THENCE WESTERLY
ALONG THE SOUTH LINE OF DAVIS STREET TO THE POINT OF BEGINNING, ALL N THE SOUTHWEST 1 / 4
OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERMAN N COOK
COUNTY I LLNOIS.
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CITY OF EVANSTON
ENGINEERING DIV.
FEBRUARY 25, 1994
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