HomeMy WebLinkAboutRESOLUTIONS-1995-026-R-95• 4/4/95
26-R-95
A Resolution
Authorizing the Grant of a License
to John Yoder at 2779 Prairie Avenue
for a Front -Yard Fence
on the Public Right -of -Way
WHEREAS, John Yoder, ("Licensee"), is the owner of the
property at 2779 Prairie Avenue, Evanston, Illinois, legally
described as:
Lot 25 (except the Southeasterly 40 ft.) and the
Southeasterly 29 ft. 6 inches of Lot 26 in Block 26 in
Stewart's Resubdivision of Blocks 22, 24 and 26, in North
Evanston, a Subdivision of Lots 11, 12, 13, 14, 15, 16 and
the West 4.3 acres of Lot 17 in George Smith's Subdivision
of the South part of Archange Ouilmette Reservation and of
Lots 1, 3 and that part of Lot 2, lying between the Chicago
and Milwaukee Railroad and the West line of Lot 3 produced
to the North line of Section 12, Township 41 North, Range
• 13, East of the Third Principal Meridian, in Cook County,
Illinois.
WHEREAS, the subject property has its front lot line
on Prairie Avenue and its rear lot line on Isabella Avenue; and
WHEREAS, Licensee has a fence shown on Exhibit A,
attached hereto and made a part hereof, located in the right-of-way
on the Isabella side of the subject property; and
WHEREAS, said fence has existed for over twenty-five
years and Licensee is desirous of replacing it at the existing
location; and
WHEREAS, Licensee is desirous of obtaining a license
from the City to allow for replacement and retention of a fence on
the above -described right-of-way; and
• WHEREAS, the right-of-way on which the fence is and is
to be located is legally described as:
WEST FENCE: COMMENCING AT THE POINT OF INTERSECTION OF THE •
EAST LINE OF PRAIRIE AVENUE AND THE SOUTH LINE OF ISABELLA
STREET, THENCE EASTERLY ALONG THE SAID SOUTH LINE OF
ISABELLA STREET FOR A DISTANCE OF 99.01 FEET TO THE POINT
OF BEGINNING, THENCE NORTHEASTERLY PARALLEL TO THE SOUTHERLY
LINE OF LOT 26 IN BLOCK 26 OF STEWART'S RESUBDIVISION A
DISTANCE OF 25 FEET, THENCE EASTERLY PARALLEL TO THE SOUTH
LINE OF ISABELLA STREET A DISTANCE OF 40 FEET THENCE
SOUTHWESTERLY TO THE POINT ON THE SOUTH LINE OF ISABELLA
STREET WHICH IS ALSO THE EASTERMOST CORNER OF AFORESAID LOT
26, THENCE WESTERLY ALONG SOUTH LINE OF ISABELLA STREET TO
THE POINT OF BEGINNING. ALL IN THE SOUTH PART OF ARCHANGE
OUILMETTE RESERVATION SECTION 12, TOWNSHIP 41 NORTH, RANGE
13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY,
ILLINOIS.
EAST FENCE: COMMENCING AT THE POINT OF INTERSECTION OF THE
EAST LINE OF PRAIRIE AVENUE AND THE SOUTH LINE OF ISABELLA
STREET, THENCE EASTERLY ALONG THE SAID SOUTH LINE OF
ISABELLA STREET, FOR A DISTANCE OF 172.69 FEET TO THE POINT
OF BEGINNING, THENCE NORTHEASTERLY PARALLEL TO THE NORTHERLY
RIGHT-OF-WAY LINE OF LOT 25, IN BLOCK 26 OF STEWART'S
RESUBDIVISION A DISTANCE OF 10 FEET, THENCE EASTERLY
PARALLEL TO THE SOUTH LINE OF ISABELLA STREET A DISTANCE OF
1.0 FEET, THENCE SOUTHWESTERLY PARALLEL TO THE NORTHERLY
LINE OF AFORESAID LOT 25 TO THE POINT ON THE SOUTH LINE OF
ISABELLA STREET, THENCE WESTERLY ALONG THE SOUTH LINE OF •
ISABELLA STREET TO THE POINT OF BEGINNING, ALL IN THE SOUTH
PART OF ARCHANGE OUILMETTE RESERVATION SECTION 12, TOWNSHIP
41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN
COOK COUNTY, ILLINOIS.
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 the aforesaid license,
and
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 •
2
• Exhibit A, and made a part hereof, between the City, as Licensor
•
and John Yoder, as Licensee, providing for Licensee's replacement
and retention of a fence in the public right-of-way abutting the
Isabella Street side of the property at 2779 Prairie Avenue,
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
ATTEST:
City, -Clerk
Adopted: i�/, i /,�, �/ 1995
3
EXHIBIT"As
(FOR THE PROPERTY COMMONLY KNOWN AS 2779 PRAIRIE AVENUE)
WEST FENCE: COMMENCING AT THE POINT OF INTERSECTION OF THE EAST LINE OF PRAIRIE AVENUE A�
THE SOUTH LINE OF ISABELLA STREET, THENCE EASTERLY ALONG THE SAID SOUTH LINE OF ISABELot
STREET FOR A DISTANCE OF 99.01 FEET TO THE POINT OF BEGINNING, THENCE NORTHEASTERLY
PARALLEL TO THE SOUTHERLY LINE OF LOT 26 IN BLOCK 26 OF STEWART'S RESUBDIVISION A DISTANCE
OF 25 FEET, THENCE EASTERLY PARALLEL TO THE SOUTH LINE OF ISABELLA STREET A DISTANCE OF 40
FEET, THENCE SOUTHWESTERLY TO THE POINT ON THE SOUTH LINE OF ISABELLA STREET WHICH IS ALSO
THE EASTERN MOST CORNER OF AFORESAID LOT 26, THENCE WESTERLY ALONG SOUTH LINE OF
ISABELLA STREET TO THE POINT OF BEGINNING, ALL IN THE SOUTH PART OF ARCHANGE OUILMETTE
RESERVATION SECTION 12, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN
COOK COUNTY, ILLINOIS.
EAST FENCE: COMMENCING AT THE POINT OF INTERSECTION OF THE EAST LINE OF PRAIRIE AVENUE AND
THE SOUTH LINE OF ISABELLA STREET, THENCE EASTERLY ALONG THE SAID SOUTH LINE OF ISABELLA
STREET, FOR A DISTANCE OF 172.69 FEET TO THE POINT OF BEGINNING, THENCE NORTHEASTERLY
PARALLEL TO THE NORTHERLY RIGHT-OF-WAY LINE OF LOT 25, IN BLOCK 26 OF STEWART"S
RESUBDIVISION A DISTANCE OF 10 FEET, THENCE EASTERLY PARALLEL TO THE SOUTH LINE OF ISABELLA
STREET A DISTANCE OF 1.0. FEET, THENCE SOUTHWESTERLY PARALLEL TO THE NORTHERLY LINE OF
AFORESAID LOT 25 TO THE POINT ON THE SOUTH LINE OF ISABELLA STREET, THENCE WESTERLY ALONG
THE SOUTH LINE OF ISABELLA STREET TO THE POINT OF BEGINNING, ALL IN THE SOUTH PART OF
ARCHANGE OUILMETTE RESERVATION SECTION 12, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD
PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS.
ISABELLA STREET
SOUTH LINE OF ISABELLA ST.
EAST LINE OF
PRAIRIE AVE.-
01
•
f�
CITY OF EVANSTON
ENGINEERING DIVISION
MARCH 9.1995
• LICENSE AGREEMENT
The City of Evanston, an Illinois municipal corporation, with its
principal place of business at 2100 Ridge Avenue, Evanston,
Illinois, ("the City"), and John Yoder, ("Licensee") residing at
2779 Prairie Avenue, Evanston, Illinois, hereby enter into this
License Agreement dated this day of 1995, and
Agree:
RECITALS
1. Licensee is the owner of the property ("subject
property") at 2779 Prairie Avenue, Evanston, Illinois, legally
described as:
Lot 25 (except the Southeasterly 40 ft. ) and the Southeasterly
29 ft. 6 inches of Lot 26 in Block 26 in Stewart's
Resubdivision of Blocks 22, 24 and 26, in North Evanston, a
Subdivision of Lots 11, 12, 13, 14, 15, 16 and the West 4.3
acres of Lot 17 in George Smith's Subdivision of the South
part of Archange Ouilmette Reservation and of Lots 1, 3 and
that part of Lot 2, lying between the Chicago and Milwaukee
Railroad and the West line of Lot 3 produced to the North line
of Section 12, Township 41 North, Range 13, East of the Third
Principal Meridian, in Cook County, Illinois.
• 2. The subject property has its front lot line on Prairie
Street and its rear lot line on Isabella Street.
3. Licensee has a fence, shown on Exhibit A attached hereto
and made a part hereof, located in the City's right-of-way on the
Isabella Street side of the subject property.
4. Said fence has existed for over twenty-five years, and
Licensee is desirous of replacing it at the existing location.
5. The Isabella right-of-way in which the subject fence is
located is legally described as follows:
WEST FENCE: COMMENCING AT THE POINT OF INTERSECTION OF THE
EAST LINE OF PRAIRIE AVENUE AND THE SOUTH LINE OF ISABELLA
STREET, THENCE EASTERLY ALONG THE SAID SOUTH LINE OF ISABELLA
STREET FOR A DISTANCE OF 99.01 FEET TO THE POINT OF BEGINNING,
THENCE NORTHEASTERLY PARALLEL TO THE SOUTHERLY LINE OF LOT 26
IN BLOCK 26 OF STEWART'S RESUBDIVISION A DISTANCE OF 25 FEET,
THENCE EASTERLY PARALLEL TO THE SOUTH LINE OF ISABELLA STREET
A DISTANCE OF 40 FEET THENCE SOUTHWESTERLY TO THE POINT ON THE
SOUTH LINE OF ISABELLA STREET WHICH IS ALSO THE EASTERMOST
CORNER OF AFORESAID LOT 26, THENCE WESTERLY ALONG SOUTH LINE
• OF ISABELLA STREET TO THE POINT OF BEGINNING. ALL IN THE SOUTH
PART OF ARCHANGE OUILMETTE RESERVATION SECTION 12, TOWNSHIP 41
1
NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK •
COUNTY, ILLINOIS.
EAST FENCE: COMMENCING AT THE POINT OF INTERSECTION OF THE
EAST LINE OF PRAIRIE AVENUE AND THE SOUTH LINE OF ISABELLA
STREET, THENCE EASTERLY ALONG THE SAID SOUTH LINE OF ISABELLA
STREET, FOR A DISTANCE OF 172.69 FEET TO THE POINT OF
BEGINNING, THENCE NORTHEASTERLY PARALLEL TO THE NORTHERLY
RIGHT-OF-WAY LINE OF LOT 25, IN BLOCK 26 OF STEWART'S
RESUBDIVISION A DISTANCE OF 10 FEET, THENCE EASTERLY PARALLEL
TO THE SOUTH LINE OF ISABELLA STREET A DISTANCE OF 1.0 FEET,
THENCE SOUTHWESTERLY PARALLEL TO THE NORTHERLY LINE OF
AFORESAID LOT 25 TO THE POINT ON THE SOUTH LINE OF ISABELLA
STREET, THENCE WESTERLY ALONG THE SOUTH LINE OF ISABELLA
STREET TO THE POINT OF BEGINNING, ALL IN THE SOUTH PART OF
ARCHANGE OUILMETTE RESERVATION SECTION 12, TOWNSHIP 41 NORTH,
RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY,
ILLINOIS.
Conditions, Restrictions, and Limitations
Now, Therefore in consideration of the above recitals and the
sum of one dollar (1.00), receipt of which is hereby acknowledged,
along with other good and valuable consideration, permission is
hereby given by the City to Licensee to replace and retain the
fence located in the right-of-way at 2779 Prairie Avenue, Evanston,
Illinois, and shown on Exhibit A, subject to the following •
conditions, restrictions, and limitations:
1) The License shall commence on the date first above
written and shall thereafter continue for fifteen (15) years,
unless sooner terminated as provided herein.
2. The City and Licensee agree that their relationship is
strictly that of Licensor and Licensee; that this instrument is not
a lease and neither creates any interest in the Licensee in the
right-of-way herein described nor an expectation that the License
will be continued, renewed, or assigned, that the Licensee shall
not be deemed to be the employee, agent, or tenant of the Licensor
for any purpose whatever; and that no act of the City or Licensee
will create any interest in the right-of-way in the Licensee.
3a) The License hereby granted is personal to the Licensee
and shall not be assigned, sub -licensed, or transferred to
subsequent owner(s) without the written consent of Licensor. Any
attempted assignment or sub -license by Licensee shall automatically
terminate this License. Except as herein prohibited, this agreement
shall be binding upon the parties hereto and their respective
representatives, successors, and assigns.
3b) In the event Licensee desires to sell or otherwise convey •
the subject property, Licensee's transferee(s) may apply to the
2
• City for a License in his/her/their own right.
4) The License extends only to the surface of the
aforedescribed right-of-way and so much of the sub -surface as is
necessary to support the fence as it now exists or is lawfully
modified hereafter.
S. Licensee shall use the premises for no purpose other than
that stated herein. The License is given subject to any use now or
hereafter to be made by the City, including, but not limited to the
right to enter upon the right-of-way to erect, install, and/or
maintain the public way and any utilities. Any public use
hereafter made which is inconsistent with the Licensee granted
herein automatically terminates said License. The Licensor and any
other person(s) having permission from the City to enter onto the
right-of-way herein described may do so for any purpose consistent
with the status as right-of-way and for any purpose that is not
inconsistent with the License herein granted.
6. Other than as expressly granted herein, Licensee shall
not use the right-of-way in any manner inconsistent with its use
and purpose as right-of-way or inconsistent with all applicable
legislation.
7. Any and all work done to or on said fence shall be done
in a manner consistent with all applicable legislation and
• regulations and with all appropriate permits and approvals
obtained. The fence shall be maintained in accordance with all
applicable legislation.
8. The Licensee shall indemnify and save and hold harmless
the licensor and/or other persons and corporations interested in
the right-of-way as owner or lessee or otherwise from all loss,
cost, damage and expense because of injury to or death of any
person or persons, including Licensee, or damage to any property,
including Licensee's, resulting from the giving of this License or
arising out of or caused by the construction, maintenance, repair,
use, presence, operation, or removal of the fence or use of the
right-of-way herein granted, or resulting from the maintenance of
the Licensor's right-of-way on or near the premises and the
operation thereover of vehicles, whether or not it is alleged or
determined that any such loss, cost, damage or expense mentioned
herein, was caused by a direct violation of this agreement by
either party hereto, or through negligent acts or omissions of the
Licensee, or her/his/their employees or agents, if any, or of the
Licensor or its employees; the Licensee shall, at his own expense,
appear, defend and pay all charges of attorneys and all costs and
other expenses arising therefrom or incurred in connection with any
of these provisions; and if any judgment shall be rendered against
the Licensor in connection with any of these provisions, the
• Licensee shall, at her/his/their own expense, satisfy and discharge
the same.
3
9. Any and all notices given hereunder shall be given in
writing to the City and Licensee at their above addresses. Notices
to the City shall be sent to the attention of the City Engineer and
to the Law Department. Notice shall be effective upon delivery in
person or five days after deposit in the U.S. Mail, first-class
postage pre -paid.
LICENSEE:
John Yoder
Witness:
Witness:
4
By:
LICENSOR:
CITY OF EVANSTON
Eric Anderson
City Manager
Attest:
Rirsten F. Davis
City Clerk
E
•
•
PLAT OF SURVEY
•
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A\S1R'IA I It IN 1415 SHERMAN AVENUE, EVANSTON. ILUMOIS 60201
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TELEPHONE (312) 273-5315 TELEPHONE (700) $64-6315
IItMM 94 1•N.t _.. 596 ORDER NO. 94-596 LVANST(TN MAY 27, 1, 94
ORIM-RFD HY.. _JON. G YOOER 1(1R
Lot 25 (except the Southeasterly 40 IIJ and the Southeasterly 29 It. 6 Inches of Lot 26 In Block 26 in Stewart's Roaddvhlos of Blotto
22, 24 and 26, In North Evanslaoaa,, a Su/dlvislon of Lois II, I22�, 13, 14, 15, 16 and the West 4.3 acres of Lot 17 h 600rga Sa�IOSI!/vidos
of the South part of ArchoW Oudllelle Reservation and of L01s I, 3 and that p� of Lot 2, between the t Milwaukee Rafael
and The West be of Lot 3 produced to Me North the of Section 12, Township 41 No►Ih, Range 13, East of Me Third Prbdpd II lilm h Cook
County Illinois.
Commonly known ass 2779 PRAM AVENUE, EVANSTON, ILLNOIS,
•
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