HomeMy WebLinkAboutRESOLUTIONS-2001-046-R-016/4/01
46-R-01
A RESOLUTION
Authorizing the City Manager to Sign a License Agreement
Allowing a Fence to be Placed in the Alley Right -of -Way at 1215 Dobson Street
WHEREAS, Mr. Walt Carrington (1215 Dobson Street) has requested permission
to place a fence in the alley right-of-way for the purpose of cultivating a portion of the
unopened alley; and
WHEREAS, the fence will encroach into the alley right-of-way for a distance of 9
feet; and
WHEREAS, the portion of the alley proposed to be occupied by the fence is not
surfaced, nor used as part of the traveled way of the alley; and
WHEREAS, a permit for a fence on the right-of-way may not be issued without
approval by City Council; and
WHEREAS, the City Council of the City of Evanston finds that it in is the best
interests of the City to grant a license agreement to allow a fence on the alley right-of-
way adjacent to the subject property,
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 a
license agreement in substantial agreement with Exhibit A (attached) which will allow a
fence to be in the unopened alley right-of-way at 1215 Dobson Street (an area 9 feet wide
by 48 feet long).
SECTION 2: That this resolution shall be in full force and effect from and after
its passage in the manner provided by law.
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Mayor
ATTEST:
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Adopted:2001
6/4/01
EXHIBIT A
REVOCABLE LICENSE AGREEMENT
The City of Evanston, an Illinois municipal corporation, ("City"), does hereby
grant to Mr. Walt Carrington ("Licensee"), a license to place a fence in the public right-
of-way in the alley behind 1215 Dobson Street in the City of Evanston. Said fence will
be located 9 feet north of and parallel to the north border of the property.
The license is made by the City and accepted by the Licensee upon these terms
and conditions, and Licensee agrees that should the Licensee violate any of the terms and
conditions specified herein, then the City may, at its option, immediately revoke this
License:
1. That the license is for the exclusive purpose of allowing the Licensee to
place and maintain a fence on the right-of-way.
2. That the area enclosed by the fence totals approximately 432 square feet,
defined as the area beginning at the northwest corner of the property and
extending north 9 feet and then extending east 48 feet parallel to the north
property line and then extending south 9 feet.
3. That Licensee agrees to obtain any applicable permits required by the
Evanston City Code to construct and maintain such fence.
4. That, 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 any liability for injuries to persons, deaths, or losses or damage to
property resulting from giving this License or arising out of or caused by
the construction, installation, maintenance, presence, or removal of the
fence covered by this agreement. The Licensee shall, at its 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.
5. That this License is not assignable or otherwise transferable by Licensee.
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6. The City of Evanston expressly reserves the right to revoke this License
upon thirty days' written notice if it is determined in the best interest of
the City to do so. In such event, the Licensee shall have no recourse
against the City, and, if directed by the City, Licensee shall promptly
remove the fence ion compliance with applicable regulations.
IN WITNESS THEREOF, this license is executed this day of
, 2001.
ATTEST:
City Clerk
IM
Walt Carrington
1215 Dobson Street Avenue
Evanston, Illinois
Roger D. Crum
City Manager