HomeMy WebLinkAboutRESOLUTIONS-1994-074-R-94• 74-R-94 11-11-94
A RESOLUTION
Authorizing the City Manager to Negotiate Conditions
Evanston School District 202
Phase IV Sewer System Facilities Plan
WHEREAS, the City of Evanston requires two perpetual
easements and one temporary easement from Evanston School District
202 for Phase IV of the Sewer System Facilities Plan; and
WHEREAS, such easements are in the best interest of the
citizens of the City 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 of the City of Evanston
• is hereby authorized to sign the easement agreement marked as
Exhibit A attached hereto and incorporated herein by reference.
SECTION 2: That the City Manager is hereby authorized and
directed to negotiate any additional conditions as are in the best
interest of the City of Evanston.
SECTION 3: This Resolution shall be in full force and
effect following its passage and approval in the manner required by
law.
Mayor
ES ,
/ City Cferk
Adopted: 17, -'-114�'(-'�'--'--- ��v �'� , 1994
•
Easement Agreement for perpetual and temporary Easement Across Evanston School •
District #202 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 ` -: _ 19940
by and between EVANSTON SCHOOL DISTRICT #202, 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 two Perpetual Easements and one Temporary •
Easement for Phase 1V of its Sewer System Facilities Plan for Evanston, Illinois as
follows:
A. Perpetual Easement for a 24' diameter sewer on the extension of Grove
Street, East of the Dodge Avenue, as shown and described in Exhibit A.
Grantee agrees and covenants that the pavements cuts and the adjoining
surfaces used in the excavation and placement of this sewer line be
restored to their original condition or better. All damage to this parking
lot and Driver Education Range shall be repaired to the Grantor's •
%1014 HEM12D.AOR
IrtI.ZSCHOOL D1STAM 1
• satisfaction. All stripes, lines, and markings shall be restored at the
completion of construction. The FM antenna used for Driver Training
Education under the parking lot surface shall be replaced and placed in
working order to the satisfaction of the Grantor. Grantee shall provide
and maintain an entrance and exit to this parking lot and adjacent
parking lot at all times during the construction and restoration period.
All construction work and restoration on this easement site shall
commence after July 15, 1996 and be completed prior to September 1,
1996, so that construction and restoration shall not interfere with
Grantor's educational program.
• B. Perpetual Easement for a 42" diameter sewer on the South side of
Church Street East of Dodge Avenue as shown and described in Exhibit
B. Grantee agrees and covenants that the pavements cuts and the
adjoining surfaces used in the excavation and placement of this sewer
line be restored to their original condition or better. All damage to this
parking lot shall be repaired to the Grantor's satisfaction. All stripes,
lines, and markings shall be restored at the completion of construction.
The same number, location, and size of all parking spaces shall remain
the same after construction and restoration is completed. Grantee shall
provide and maintain an entrance and exit to this parking lot at all times
• during the construction and restoration period.
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LDESMOOL D18 SM 2
C. Temporary Easement from June 1, 1996 to December 31, 1996 on the •
south side of Church Street West of Dodge Avenue asdescribed in
Exhibit C for a staging area for the installation of sewers under Church
Street. Grantee agrees and covenants that all pavement, curb, and
walkway cuts made during construction work shall be restored to the
condition or better condition than before work began. Grantee agrees
and covenants to use steel sheets to give lateral support to the recently
renovated tennis court to prevent any surface or subsoil damage.
Grantee shall remove only those trees necessary for construction. All
possible means shall be employed to preserve removed trees for
replanting. If any removed trees can not be preserved, they shall be
replaced with new trees satisfactory to the Grantor. All trees and tree
roots remaining in place shall be protected from construction damage. •
Any trees that are damaged beyond repair or die shall be replaced with
new trees satisfactory to the Grantor. The athletic field shall be
protected from all possible damage. All fences shall be replaced with like
or better quality fencing if removed or breached. Temporary fencing
shall be erected if permanent fencing is removed or breached. The
student bus stop and campus entrance on Church Street shall remain
open and be maintained and secured at all times during construction. All
present entrances and exits to the campus and athletic facilities from
Church Street shall be maintained and secured by Grantee.
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IMUC'HOOL DW.f= 3
0
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:
ARTICLE ONE
• 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 and
temporary 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", "B", and "C" respectively which are attached hereto and made a part hereof and
for no other purpose whatsoever. The Improvements and Facilities consist of a 24",
30", 36", and 42" diameter storm and relief sewer pipes and theirs appurtenances.
%1014 HM512D.AGR
1k9MMOOL DlsrAM 4
NOV-02-1994 12:06 P.02
1.03 The Grantee covenants and agrees in consideration of the grant of •
said easement )1) to pay to the Grantor a one-time easement fee of one and no/100
dollars 1$1.001, receipt of which is hereby acknowledged; (2) to exempt Grantor from
the new tax on out-of-state purchases of natural gas beginning In fiscal year 1994-
1995; and, 13) to exempt Grantor from other existing utititles taxes beginning in fiscal
year 1995-t996.
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. Grantee shall repair all surface disturbance to buildings, lawns,
driveways, and other surface improvements no later then sixty (60) days after any
construction work. Grantee shall secure all work sites to prevent entry by
unauthorized personnel. Grantee shall adhere to all covenants and agreements
contained in the description of the easement above identified as "A', "8" and "C".
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,
wMSasOOLU ar.FM 5 •
TOTAL P.02
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, 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 officers, trustees, employees, and or agents and/or
Grantee's contractors, subcontractors, suppliers or their officers, agents and/or
• employees, in consequence of the granting of this easement. Grantee agrees to
promptly remove and hold harmless Grantor Against any possible liens attaching to
Grantor's property or funds.
ARTICLE FOUR
4.01 The Grantee covenants and agrees that it will reimburse the Grantor,
make all necessary repairs (including 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
941014 M5512D.AGR
bGXSC OOL D=.f= 6
property of the Grantor by way of damage to or destruction thereof, caused by any •
act or omission of the Grantee, Grantee's agents, officers, employees, contractors or
subcontractors, or their employees. All contractors of the Grantee shall be required
to have performance or completion bonds. Grantee's contractors shall name Grantor
as an additional. insured on all certificates of insurance for liability, workers
compensation, and all other required insurance.
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 SIX
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.
Grantee shall be responsible for all federal, state, and local compliance with all building
codes and environmental statutes, rules, and regulations. •
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MSSCHOOL DISTIM 7
• IN WITNESS WHEREOF, on the day and year first above written, the parties +hereto
have caused these presents, including Exhibits, to be executed in triplicate by their
duly authorized officers, duly attested and their corporate seals to be hereunto affixed.
ATTEST:
• Clerk
ATTEST:
Its:
•
941014 HES5512D.AGR
hCUMCH00L D1ST.rM
CITY OF EVANSTON
By:
EVANSTON SCHOOL DISTRICT #202
By: A,, 0. afd
Its: B=I'd 2eec� 101,2vkq
8
PLAT OF EASEMENT
EXHIBIT B J
OF PROPERTY DESCRMED AS F0ILL0WSt
The North 5.50 feet of Lot 16 in Bl..i 4 in Himann's Addition
to Evanston, being a subdivision in the . .theast Quarter of Section
13,. Township 41 North, Range 13 East of tia Third Principal Meridian,
Cook Co: .ty, Illinois.
Sale parcel contains 0.018 acre. more or less.
SCALE: 1, = 20'
STREET
,`la;"'' CHURCH
142.68' (143)
S. 8T• � 48'. 40" W. �r si
PROPOSED
PEF''ANENT
�6 EAR. VIENT a >-
W to W
:D o ,t J
W Ln
Q` W Q
(143') No
'
o O
Z
O V�
V ` Cj 0
10
0i i, f
14' «; at �! k:iiw , _, "h.«. .. ..'•i;"^ENV,if"'k'.`r�'^i'W✓.��i:z.iSiB.r5:''''...!.i'..',w�,E.a,re3"s.a:::i�"�u.Yrnu:•+:;.,w
I, Dale A. Terry, Profadonel Illinois L&W Surveyor, do hereby certify that this
yz Basement Plat was prepared wader my duet= and Is true and coned to the best of my
knowledge and belief.
(iq
Dimensions are SIvm in feet and decimals dwwf unless indicated otherwise.
Dated this 17 rAL day of MAv , A.D., 1994.
yet .
s;
�nEa�tonK
*
it
%WATE
OF f
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Dale A. Tory — PmfmktW
Minols Land Surveyor No. 2533
Revised 9/27/9'
(50') INDICATES RECORD DATA
PREPARED BY:
HAMPTON, LENZINI AND RENNACK, INC.
380 SHEPARD DRIVE
ELGIN, ILLINOIS 60123-7010
(708) 697-6700
ACCOUNT NO. 2-02- 0189 (f )
m
EXHIBIT A
PLAT OF EASEMENT
OF PROPERTY DESCRIBED AS FOLLOWS:
That part of vacated Grove Street adjoining Blocks 5 and 12 in
Hinmann's Addition to Evanston, being a subdivision in the southeast
quarter of Section 13, Township 41 North, Range 13 East of the Third
Principal Meridian, Cook County, Illinois, described as follows:
A strip of land 40.00 feet wide lying 20.00 feet on each side of the
following described center line; Commencing at the northwest corner of Lot 10
in said Block 12; thence northerly 30.00 feet on an assumed bearing of
N. 0'02'14" E. along the northerly extension of the west line of said
Lot 10 to the Point of Beginning; thence N. 84'38'53" E.. 134.86 feet
to the former right of way of the Chicago and Northwestern Transportation
Company and the termination of said center line and 40.00 foot strip of
land.
Said parcel contains 0.124 acre, more or less.
HINMANN'S ADDITION
(DOC. NO. 195529)
LOT 10
BLOCK 5
W PROPOSED ^ Q
PERMANENT
Z EASEMENT
N. 8T%�"E.3')
41
P.O.B. No
134.86'
84'38'53" E. / `O
o.01
oV� GROVE N
i o G N
M - h
_ S. 87'2244' W. (143')
0
r`
LOT 10
BLOCK 12
SCALE: 1" = 30'
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I, Dale A. Terry, Professional Illinois Land Surveyor, do hereby certify that this
Easement Plat was prepared under my direction and is true and correct to the best of my
knowledge and belief.
Dimensions are given in feet and ,decimals thereof unless indicated otherwise.
Dated this 27th day of June A.D., 1994 (66') INDICATES RECORD DATA
PREPARED BY:
� HAMPTON, LENZINI AND RENWICK, INC.
380 SHEPARD DRIVE
Dale A. Terry — Professio I ELGIN, ILLINOIS 60123-7010
Illinois Land Surveyor No. 2533 (708) 697-6700
ACCOUNT NO. 2-02-0189(x)
EXHIPIT C J
PLAT OF EASEMENT
•
OF PROPERTY DFSCRIDID AS FO=WS:
The South 15.00 feet of the North 48.00 feet of the West 1,0D0.00 feet of the Past
1,033.00 feet of the North Half of the East Half of the Southwest Quarter of Section 13,
Township 41 North, Range 13 East of the Thiel Principal Meridian, in the City of Evanston,
Cook County, Illinois.
Said parcel contains 0.345 acre, mom or less.
K•," SCALE: 1°=120'
NORTH LINE OF THE SOUTHWEST
QUARTER OF SECTION 13-41-13.
L' ✓ w
>.Zr'
W W 00+ low
OQQ L
0 J
r ` STREET
;. CHURCH
1.000. T6' - —
N.87°-48 -09 E. �� .�. �� •�� +
— —
„
- - 1.0 00.7.6' �33.00' L_ 15.00'
L1501- PROPOSED ,y ✓-
TEMPORARY 3 3.00
EASEMENT
3
i '
N
O
EVANSTON TOWNSHIP HIGH SCHOOL O
yl
EAST LINE OF THE SOUTHWEST
QUARTER OF SECTION 13 -41 - I3
tk
I, Dale A. Terry, Professional Mois Land Surveyor, do hereby certify that this
Easement Plat was prepared under my direction and is true and correct to the best of my
knowledge and belief.
n.
Dimensions are given in feet and decimals thereof unless indicated otherwise.
Dated this 17 S day of MAY
, A.D., 1994.
Dale A. Terry — Prof onal
y'
Illinois Land Surveyor No. 2533
ti r`
�� pROf E s sIp>h�'
PREPARED BY.
suaveVAa'
HAMPTON, LENZINI AND RENWICK, INC.
380 SHEPARD DRIVE
?;°-• • I
ELGIN, ILUNOIS 60123—.7010
W."+
(708) 697-6700
sf ;
ACCOUNT NO. 2-02-0189 (r )