HomeMy WebLinkAboutRESOLUTIONS-2010-029-R-10• 5/18/2010
4/22/2010
29-R-10
AN RESOLUTION
Authorizing the City Manager to Execute an Easement Agreement
with AT&T for the Placement of Utility Cabinets on the
East Side of Elmwood Avenue, South of Grove Street
WHEREAS, the City of Evanston ("City") and Illinois Bell Telephone
Company, doing business as AT&T Illinois, desire to enter into an Easement Agreement
for the installation of utility cabinets on public property adjacent to the railroad line on
the east side of Elmwood Avenue and south of Grove Street, in Lot 17 in Block 52; and
WHEREAS, the- placement of the utility cabinets at this location allows the
City to provide desirable landscaping and screening; and
• WHEREAS, the utility cabinets will be located so as to encroach onto the
north ten feet (10') of the south sixty-two feet, six inches (62.5') of the City's property in
Lot 17 in Block 52;
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 is hereby authorized and directed to attest, on behalf of the City
of Evanston, an Easement Agreement for the term of ninety-nine (99) years between
the City of Evanston andi AT&T Illinois, attached hereto as Exhibit A and incorporated
herein by reference, providing for the installation of AT&T utility cabinets on City
property as shown in the Plat of Lot 17 in Block 52, attached hereto as Exhibit B and
• incorporated herein by reference.
29-R-10
SECTION 2: That the City Manager is hereby authorized and directed to
negotiate any additional terms and conditions of the Easement Agreement as may be
determined to be in the best interests of the City.
SECTION 3: That AT&T Illinois shall, at its cost, record a certified copy of
this resolution, including all Exhibits attached hereto, with the Cook County Recorder of
Deeds, before the City may issue any permits related to the construction or installation
of the utility cabinets on the Subject Property.
SECTION 4: 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.
A
ney reene, City Clerk
Adopted: /, , 2010
Elibeth B. Tisdahl, Mayor
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EXHIBIT A
EASEMENT AGREEMENT
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COUNTY: ` COBK •
rwP: 41 MOKM
aoc : t02043'W26 F"
RANGE: 14 EAST Eugene'Qeno' Moore RHSP Fe0:$10.00
tit Cook County R*oord*r of Daada
SECTION:
S w i� Data: 07123f'2010 Og:o6 AM Pg: 1 of 4
Easement No. 1tj/P1 _.........._.._ - ._._._....._.
Project No, 7R,1155
FOR-111E t:SlsOF-ritECOUNrY RF•:CORDER
AT&T EXCLUSIVE EASEMENT
For -good- and -valuable consideraiions, receipt of which is hereby acknowledged, the
undersigned Grantor, City of Evanston, hereby grants and conveys to Illinois Belt
Telephone Company, dlbla AT&T Illinois, an Illinois Corporation ("Grantee"). an
exclusive ninety-nine (99) year easement in, under, over, upon and across the Easement •
Area in Grantor's Property (both described below), for the purposes of and in order to
construct, reconstruct, modify, supplement, maintain, operate and/or remove facilities,
including anchors, messenger strand, equipment cabinets or enclosures and support posts
or pads, cables, wires, pedestals or other above -ground cable or wire enclosures, marker
posts and signs, and other related or useful equipment, fixtures, appurtenances and
facilities, for the transmission of signals used in the provision of communication. video
and/or information services and/or any other services or uses for which such facilities
may be used. together with the right to have commercial electrical service extended
across the Property and Easement Area to provide service to such facilities, and the right
of ingress and egress across the Property and the Easement Area for the purpose of access
to and use of the easement uranted herein.
The Property is legally described as:
I -or 17 It BLOCK 52 IN Ttir. VILLAGE OF Fv,NSTON. IN -rHE CAST HALF OF THE SOUTIMEST
0L'.1,RTER OF SFCTION 1 S. TOWNSHiP 4l NORTH, R,%.NGE 14. EAST OF I Ifr THIRD PRINCIPAI.
NIERIDIAN'. IN COOK Cctt,`TY. 111I`01%.
I he Easement .Area is legally described as:
l'm:1 NoR'iil 10 i l:lT r)F riiF SoL;Tii 62.`O FI:ETCIF I.4T l 7 1. BLOCK 521N FIiE VILLAGL OF
I:V.\NSTgN, 1N 1411- "AST IMF OF i*FiE St)li rit11'EST OUAR'I't:R OF SI:CI'ION I S. T(}WtSFtIP lI
Vm.- i"III) 11,71%r 1pP ! i{(:�q�l .� � t rr:k. t"-, 11 - -',. 01, •
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Grantee shall indemnify, de end, keep, and save hcumless the Grantor from any and all
damages, injuries, deaths, losses, claims, liens, suits. liabilities, judgments, costs and
expenses to any property or person(s) that should arise from this Easement Agreement, or
which may in anyway result therefrom or from any work done hereunder.
Grantee shall not construct, modify, install, maintain, and/or remove any facilities in the
Easement Area without first obtaining any and all permits from Grantor as required by the
Evanston City Code.
Grantee covenants and agrees that it shall comply with any and all statutes, laws,
ordinances, and regulations of the City of Evanston, the County of Cook, the State of
Illinois, and the United States of America, which. in any manner, affects this Easement, any
work done hereunder, or the actions of Grantee, its agents, servants, and employees, or of
any contractor or subcontractor of Grantee, or their employees.
Grantee shall construct. install, operate, maintain, and/or remove any facilities in a good and
workmanlike manner at its sole cost, risk, and expense.
Granter shall.restore all property -disturbed -by its -activities in -use of the easement to the
condition existing prior to the disturbance.
Grantee shall have the right to remove or trim such trees and brush in the Easement Area
only to the extent necessary to exercise the rights conveyed herein.
• Grantor represents and warrants to the Grantee that Grantor is the true and lawful owner
of the Property and has full right and power to grant and convey the rights conveyed
herein.
Grantor shall not construct improvements in the Easement Area or change the finish
grade of the Easement Area without the consent of the Grantee.
Grantor agrees that, due to the exclusive nature of the grant herein conveyed. no other use
of the Easement Area shall be made by anyone, including Grantor, without the consent of
the Grantee.
This Easement Agreement may be altered, modified, amended, or terminated by and only
by written instrument executed. acknowledged. delivered and recorded by Grantor and
Grantee.
l'his lasement Agreement is binding upon and shall inure to the benefit Of the heirs.
,uccdssurs, assigns. and licensees of the parties hereto.
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GRANTOR:
City of Evanston
an Illinois Municipal Corporation
2100 Ridge avenue
Evanston, 1L 60201
r/ V
(Signature)
Waliv Bobkiewicz
( Printed)
City Manager
(Title)
GRANTEE:
Illinois Bell Telephone Company, dba
AT&T Illinois, an Illinois Corporation
200-4 Miner Street
Des Plaines, IL 60016
(Signature)
Susan E. Manshum
(Printed)
Riaht of Way Manager
(Title)
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t ATE OF ILLNOIS ) ,
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COUNTY OF )
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1, the undersigned, a Notary Public in and for said county in the state aforesaid, DO
HEREBY CERTIFY THAT, Jkx&.^ u . , personally known
to be the person(s) whose narne(s) istare subscribed to the foregoing instrument, appeared
before me this day in person, and acknowledged that as signed, sealed and delivered the
said instrument as their free and voluntary act, for uses and purposes therein set forth.
Given under my hand and notarial seal, this day of J U $ 2010.
E`OFFICIAL SEAV
MY RO ► SAt:LiAiDONtrwnn.a��►ha�tt.ttttotsIMf�OME7t EfJl Xti.291! ,w Notary Public
This documentA.-as drafted by the A UT I-egal Department, 225 W. Randolph Drive,
Chicago, 11. 60606.
Return this doCUmcnt to:
Debra J. Lectzow
AMI'
222 %V. Jackson Street
Woodstock. 60093
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29-R=10
EXHIBIT B •
PLAT OF LOT 17 IN BLOCK 52
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Uf OF �A5NNr
THE NMTH 10 FEET OF THE SOUTH 62.50 FEET OF LOT 17 1N 52 tN THE VILLAGE
OF EVANSTICK IN THE EAST HALF OF THE SOUTHMEST QUARTER OF SECTM ,$ TOW49W
41.MORYK RANGE 14. EAST OF THE TH+TRD PRIMMAL MMV^ W COOK COUNTY. LLNOM
GROVE STREET
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STATE OF ILLINOIS )
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COUNTY OF KENDALL )
WCHEL C. ENSALACD, AN Y1ANOIS
PRWES40NAL LAND WAVEM NO 27M DO HEREBY
CfRTFY THAT ME HAVE PREPARED TMS FLAT OF
EASEWINT FROM DUSTM1C PLATS AND PLANS, FUR THE
PURF�OSE OF ORANTMM AN AT&T EtSE19MT, AS SHOMN
HERECM
DATED AT YORKALLEWINOIS ON FEBRUARY 22. 2010,
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LDT 17
Lot 16
STATE OF KIAlaS )
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COUNTY OF KE)MALL )
COMM
APPRO1ED AND ACCEPTED BY THE Orr COUNOL
OF COMM.
O1F ; DAY OFM Mo.
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2010-005C1