HomeMy WebLinkAboutRESOLUTIONS-1995-022-R-953-9-95
22-R-95
A RESOLUTION
Authorizing the City Manager to Negotiate Conditions
for an Easement PACE for
Phase I Sewer System Improvements
WHEREAS, the City of Evanston requires a perpetual easement for the
construction, reconstruction, repair, and operation and maintenance of a 72" sewer for
Phase l of the Sewer System Improvements Plan; and
WHEREAS, such easement is 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 of the City of Evanston 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.
1
Mayor
qATT:
City Clerk
• Adopted: ' - , 1995
THIS AGREEMENT, made and entered into . this day:!, . of
, 1995, by and between THE SUBURBAN BUS DIVISION OF THE
REGIONAL TRANSPORTATION AUTHORITY (PACE) a niuniucipal corporation, political
subdivision and unit of local government, hereinafter calked the "Grantor" and the CITY OF
Illinois,
a�ym�uniicni^p�al�{corporation, organized and existing under the laws of the State of
L4inois, iL7.G11iiLL{A �1W the -Grantee. - I
Wv n k•K r AS, Grantor is the owner of certain real estate located in the City of Evanston
commonly known as Pace Subdivision located in Section 35, Township 41, North Range 13 east
of the Thad Principal Meridian ("Grantor's Property); and
vv rsr xr,AS, the Grantee desires Grantor to ,grant to it a Perpetual Easemem for stone
sewer system over certain portions of Grantor's Property as shown and described on the Plat of
Easement attached hereto as Exhibit A ("Easement Parcel"); and
VvnzxxAS, the Grantor is whiling to grant to the Grantee the easements aforesaid, upon
the conditions hereinafter set forth,
NOW, for and in consideration of the representations, coveenaats,
• conditions, undertakings, and aWeements 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 non-exclusive perpetual
easement, n$bit, privilege and authority over, along, and through the Easement Parcel to
construct, reconstruct, repair, operate And maintain said sewer and appurtenances ("Facilities")
and for no other purpose whatsoever, The Facilities consist of 72" diameter relief sewer pipes
and ancillary construction.
ARTICLE TWO
2.01 The Grantor expressly retains its interest in and rights to the use and
occupation of the Esasc=nt Parcel subject to the easement rights herein granted, and subject to
the Grantee's rigbt, on reasonable advance notice to onwor, to reasonable means of access at
locations designated by Grantor to said Easement Parcel for the construction, reconstruction,
repair, relocation, mai*+tcu9nce or removal of same.
•
2.02 The Grantee hereby agrees to defend, indemnify, keep and save harmless
the Grantor, its trustees, officers, employees and agents against all injuries, deaths, losses,
damages, claims, patent claims, liens, suits, liabilities. judgazats, costs or expenses ('including
reasonable atoorn,eys fees) which may in any wise accrue, directly or indirectly as a result of the •
acts or omissions of Grantee or its employees, or Grantee's cofactors or subcontractors or their
employees, in consequence of the granting of this easement, the rights exercised pursuant
therato, or the operation of the FacMdes.
AKUCLE
3.01 The Grantee covenants and agrees that it will reimburse the Grantor, make
all necessary repairs (inehrding replacecnemt of subsurface and surface, to eondidons 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 M,.ri„a:. suffered to the r_,.r—Lj 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 subcontractors, or their employees.
3.02 ChMMe agrees at its sole cost and to install and at an times
maiffiain a locImble gate on Grantor's fence as err. .mod by Grantor and agrees this to be the
only access to the V-. j,!QAj for the sole purpose of maintenance and repair of the Facilities.
ARTICLE FOUR
4.01 The easement herein granted shall be binding upon and imue to the benefit
of the parties hereto and their respective successors and assigns.
ARTICLE FTVE
5.01 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 ail statutes, laws,
ordinances and regulations of the United States of America, the State of Illinois, the County, and
the City is which the subject r-yr ":j is located.
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IN WITNESS 1%nAmAOr, on the day and year first above wham the
Parties hereto have cussed these including Riders and Exhibit$, if my, to be e7[ec and
• in triplicate by their duly &dmized , ofB=, duly adeged and ti N* corporate seals to be
bereuno 1 affixed.
Al lkw�l:
Clerk
CrrY OF EVANSTON
By:... v.
SUBURBAN BUS DIVISION OF THE RTA (PACE)
By:
• Its:
ATTEST:
M.
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PLAT OF EASEMENT .;,: _ •
OF PROPERTY DESCRIBED AS FOLLADWS.
Theme web of F'acod Z and 5 is Pees S dMvW % bdrs a mb&t+WM of put of
ft mmowest Quvaw at The sold. Qmatter of amck r 25. TowuhTp 41
l mde . Raw 13 ftd of dx'[ ud Phi lhdd'm. is die MY of a mstan.
Cbmt Cbm q. I as fdlmm
agmft at a point is do Saar rims of aTid Paod i. dldsmt Baswy 16M
1Z.mne and mach said Smtb Tire ftm Sm* men caner of bid Puod 5; tm=
Easterly. 30.00 ft. along the Soah rm of bid Paccd S mad 2; 0 , - I PkwLherly,
25.00 8. aloe an Emmij line of sold Pmd 2; themes WedMY. SUD R
ptalkl wilt the Sorts line of aid FTrsd 2 atsd i. It— Soududy. 2S.00 rL
ArAd with the West On of Aid Peed 5 to the Foist of Beenuing.
Said PrAW contains M9 acre, moos or less.
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STATE OF ILI..INOIS ) 'i;= "; ;
) SS.
COUNTY OF COOK
•
a notary public in and for said County, in the
State aforesaid, DO HEREBY CERT1FYtlrit e :` , Mayor,'and
" Cleric of the City of Evanstom, came before me - this day' -and
acknowledged that they caused the within instrument to be duly executed by them as their free
and vohmtary act and as the free and voluntary act of said City for the uses and purposes therein
set forth.
Given under my hand and notarial seal this day of ,
W;t4
• Notary Public
Commission expires
STATE OF ILLINOIS )
COUNTY OF COOK
•
a notary public in and for said County, in the
State aforesaid, DO ICY CERTIFY that Fl x=m Boone _ , Chairman of the
Board, and Dee UMmansiei ,Board of Pace the Suburban Bus
Division of the RTA, came before me this day and acknowledged that they used the within
instxmment to be duly exemned by them as their free and vohunary act and as the free and
vohauary act of said Corporation for the uses and r �.rw therein set forth.
Given under my hand and notarial seal this day of ,
1995.
This instrument prepared by:
Lawrence M. Freedman
Ash, Anos, Freedman and Logan
77 West Washington Street
Chicago, EL 60602
Common Address:
Pace North Shore Division
2330 Oalcton Street
Evanston, IL 60202
PIN: 10-25-100.037
Notary Public
Commission expires •
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