HomeMy WebLinkAboutRESOLUTIONS-2002-013-R-0202/22/02
• 13-R-02
A RESOLUTION
Authorizing the City Manager to Execute
Documents Consenting to the Release of a
Certain 1926 Easement for Private Alley
In the 1600 Block of Chicago Avenue
WHEREAS, Marilyn A. Educate and Martha J. Koch ("Owners") are desirous of
developing the property at 605 Davis Street (the "605 Parcel") located in the City's
Downtown; and
WHEREAS, the 601 Parcel is the easternmost of three adjoining parcels,
i.e., 601, 605, and 611 Davis Street, with the 601 Parcel located at the northwest corner
of Davis Street and the 1600 Block of Chicago Avenue; and
• WHEREAS, the north sixteen (16) feet of the entire 601 Parcel and the entire
605 Parcel, as well as the east forty (40) feet of the 611 Parcel, have been subject to an
easement for private alley ("easement property") since on or about August 11, 1926;
and
WHEREAS, the easement property is approximately sixteen (16) feet by one
hundred sixty (160) feet; and
WHEREAS, creation of the easement property was required by the City's Zoning
Board of Appeals ("ZBA") as a condition to a zoning variation to allow construction of a
public garage and store at 1616 Chicago Avenue; and
WHEREAS, the easement provided that it was not to be released without the
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City's prior consent; and
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WHEREAS, the easement was required for a term of years recorded variously in •
ZBA documents from the year 1926 as sixty (60) and eighty (80) years; and
WHEREAS, more than sixty (60) years have elapsed since the date of the ZBA's
order; and
WHEREAS, the seventy-five and one-half (75 Y2) years which have elapsed
since August 11, 1926, constitute substantial fulfillment of an eighty- (80-) year
easement term; and
WHEREAS, the aforedescribed garage and store, the reason for the 1926
easement, no longer exist, and the 1616 Chicago Avenue site now is occupied by the
John Buck Company's property, the Park Evanston apartment building; and
WHEREAS, the City has received a letter from the John Buck Company advising
that the John Buck Company is not using the easement property and claims no
easement or ownership interest in the easement property; and
WHEREAS, said letter reserves to the John Buck Company its rights as a
landowner adjoining the 601 Parcel, the 605 Parcel, and the 611 Parcel, including any
setback or other zoning requirements applicable to future development said parcels;
and
WHEREAS, a copy of said letter, from John Buck Company Principal Kent A.
Swanson to City Assistant Corporation Counsel Ellen Szymanski is attached hereto as
Exhibit A and made a part hereof; and
WHEREAS, Marilyn A. Educate and Martha J. Koch have advised the City that
they cannot proceed with their desired development without release of the
aforedescribed easement; and
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WHEREAS, the prospect of new development in the City's Downtown is in the
• best interests of the citizens of Evanston; and
•
WHEREAS, the City's consent to release of the easement will facilitate
development and is, therefore, in the best interests of its citizens of Evanston, and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the City Council hereby finds as fact the foregoing recitals.
SECTION 2: That the City Council hereby authorizes and directs the City
Manager to execute, and the City Clerk to attest, documents evidencing the City's
consent to release of the aforedescribed easement.
SECTION 3: The City Manager may negotiate any terms and conditions
consistent with this Resolution as he deems in the best interests of the City.
SECTION 4: The authority granted hereby to the City Manager does not extend
to disposition or encumbrance of any City ownership interest, should the City determine
such interest to exist.
SECTION 5: 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.,
Lorraine H. Morton, Mayor
ATTEST:
ilerk
Adopted:2002
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THE JOHN BUCK COMPANX
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Kent A. Swanson
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Principal
February 18, 2002
Ms. Ellen Szymanski
City of Evanston
2100 Ridge Avenue ! 1
Evanston, IL 60201 i
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Re: 16' x 160' Alley Parcel between 1630 Chicago Avenue and 61-611 Davis Street
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Dear Ellen:
Pursuant to our conversation and your letter tb me dated February';6, 2002, JBC Evanston L.P.
has analyzed its ownership position regarding the above referenced alley.
This will confirm that the undersigned, as the owner of the Park Evanston project, is no using
the "alley" described in Mr. Marvin Temple's J4nuary 23, 2002 letters to the City and isot •
claiming any easement or ownership interest in ;that "alley" under the August 12, 1926
Agreement referred to in that letter. This letter floes not in any way v:aive or diminish ap' y of our
rights as an adjoining landowner with respect tq the development of the parcels located,at 601-
611 Davis including any setback or other zoning requirements that might apply to the
construction of a new development on 601 — 611 Davis and on the "alley" parcel.
If you have any other questions regarding this issue, please do not hel,sitate to contact m�.
Best regards,
THE JOHN BUCK COMPANY
G
Martha Koch John Lamberts
Greg Merdinger Pa�rick Moran
Marvin Temple
EXHIBIT A —
Sears Tower, Suite 550, Chicago, Illinois 606061Telephone 312.441.4174 Facsimile 312.993.4804
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