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HomeMy WebLinkAboutRESOLUTIONS-2013-015-R-13• 3/22/2013 15-R-13 A RESOLUTION Authorizing the City Manager to Execute an Easement Agreement with ComEd for Electric Facilities at the Municipal Service Center WHEREAS, Commonwealth Edison Company (hereinafter, "ComEd") intends to install facilities, related to the transmission and distribution of electricity (hereinafter, "Facilities"), near the intersection of Asbury Avenue and Simpson Street as shown in the Easement Agreement attached hereto as Exhibit 1 and incorporated herein by reference; and WHEREAS, ComEd's Facilities will be located so as to encroach on the City of Evanston's property known as the Municipal Service Center, located at 2020 • Asbury Avenue, as depicted in Exhibit 1; and WHEREAS, the City and ComEd seek to enter into an easement agreement providing for said encroachment of the Facilities on City property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: 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, the Easement Agreement set forth in Exhibit 1, by and between the City of Evanston and ComEd, for the annual sum of five hundred twenty-nine and 00/100 dollars ($529.00), providing for the encroachment on the City of Evanston's Municipal Service Center. 0 V 15-R-13 SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions or terms of the Agreement as may be determined to be in the best interest of the City. SECTION 3: 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. Atte - -."44. .1 4L- o Ro ey Greene, ity Clerk Adopted: f 2013 Elik4eth B. Tisdahl, Mayor • • • -2- • • • EXHIBIT 1 Easement Agreement Between the City and ComEd 15-R-13 -3- r GRANT OF EASEMENT — PL 438181 The Grantor(s) THE CITY OF EVANSTON, • a municipal corporation in consideration of the sum of Ten Dollars and other valuable consideration, receipt of which is hereby acknowledged, hereby give(s) and grant(s) to COMMONWEALTH EDISON COMPANY, an Illinois Corporation, its licensees, successors and assigns, an easement to construct, operate, repair, maintain, modify, reconstruct, replace, supplement, relocate and remove, from time to time, wires, cables, conduits, manholes, transformers, pedestals and other facilities used in connection with underground transmission and distribution of electricity, sounds and signals, together with right of access to the same and the right, from time to time, to trim or remove trees, bushes and saplings and to clear all obstructions from the surface and subsurface as may be required incident to the grant herein given, in, over, under, across, along and upon the surface of property situated in Sections 13, Township 41 North, Range 13, East of the Third Principal Meridian in COOK County, Illinois, described below. No structures or obstructions shall be placed over Grantee facilities or in, upon or over the Easement Area by Grantor without prior written consent of the Grantee. After installation of any facilities by Grantee, the grade of the property shall not be altered in a manner so as to interfere with the operation and maintenance thereof. AN EASEMENT AS DEPICTED ON THE EXHIBIT 'A' ATTACHED HERETO MADE A PART HEREOF OF • THE GRANTOR'S PROPERTY LEGALLY DESCRIBED ON THE EXHIBIT'B' Permanent Index Number (PIN): 10-13-206-002 The Grantor represents and warrants to the Grantee that Grantor is the true, lawful and sole owner of the Properly and has full right and power to grant and convey the rights conveyed herein. This instrument prepared by Lora Reader, 3 Lincoln Centre 4"' Floor, Oakbrook Terrace, Illinois 60181, on behalf of Commonwealth Edison Company. ge-CE-corp.doc May, 2004 • For Corporate or Trust Signature IN WITNESS WHEREOF, the Grantor THE CITY OF EVANSTON, a municipal corporation_ has caused this instrument to be executed on its behalf and its corporate seal to be affixed hereto this day of 2013. By: ( President) (Trust Officer) ATTEST: TITLE: President) (Trust Officer) If grantor is a corporation or trust, complete the following: State Of • County Of I, the undersigned, a Notary Public in and for the said County and State aforesaid, do hereby certify that • President) (Trust Officer) of the and I Secretary of said corporation, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered said instrument as their own free and voluntary act and as the free and voluntary act of said corporation for the uses and purposes therein set forth; and the said Secretary then and there acknowledged that he/she, as custodian of the seal of said corporation, did affix the seal to the foregoing instrument as his/her free and voluntary act and the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and NOTARIAL SEAL this day of , 2013. Notary Public May, 2004 ge-CE-corp.doc EASEMENT EXHIBIT "A% d Additjon .2n dditj0n 74,276 Centre 274. ton Centre' ° No. s{0n c NO. Evans Per D° of 1 I ( II II E,°n er �° t 18 II II P LO o Found steel pinched pipe Q Found 3/4" steel bar — / 140.00_ — — — _ _ I Concrete tidewalk -- ,— Back of curb t Edge of pavement (t)p.) LL ( yP•) _----- __-- --- Point of Commencing — — — — _ Existing ComEd manhole 0 3 S00 28'39 "W 66.04' Simpson St. �o N882922 E ' 82.93Point of Beginningg — S00 28 39 "W 2.00' ___ _____ T o ,n= S. R.O. W. Line of Simpson St �crN o I // ete sidewalk - N0130'38"W 27.19' Landscaping edge 0 ( - :._.� A v,� J I y II Q 0 40' 1 " = 40' PIN: 10-13-206-002 NO. DATE xnow woo aoNel�w Con9d An E..Iw Compmry 0 Existing building / II II I I W. R.O.W. Line II I I of Asbury Ave. JS88 29 22"W 47.43' S8829'16"W 35.43 Existing privacy wall S0130'38'E 25.19' Proposed ComEd Utility Easement — _ Proposed switch gears REVISIONS �onamon DESCR6�fI0N EASEMENT EXHIBIT MRF �m EVANSTON SWI TCHGEAR EASEMENT mm CHRIS HARDING NDa DWS I m CRH I oumvaion —86120357.133 —12-188 I wm xu MRF M w. 66120337.133-. .m.nt.6.9 11-26-12 vuD 1' �O' Il 1 OF 1 RUSSELL WAID DILLON PWARM BY: HR GREEN, INC. REVISIONS COMED LAND SURVEY ADMINISTRATOR IL PROF. DESIGN FRIM #184-001322 NO' DA E OESCR'"ON 2 LINCOLN CENTRE 1 12-7-12 —1-1 C.mEe .c..m..1 A.. E1.1. M„1.n OAKBROOK TERRACE, IL 60181-4260 420 N. FRONT STREET PHONE: (630)576-7045 FAX: (630)437-3356 McHENRY, IL 815-385-1778 i ExIiIB1T 'B' 0 P.I.N. 10-13-206-002 An area of land for a ComEd Utility Easement being part of the North ten (10) acres of the Northeast Quarter (NE %) of the Northeast Quarter (NE %) of Section Thirteen (13), Township Forty-one (41) North, Range Thirteen (13), East of the Third Principal Meridian, Bounded on the North by the South line of Simpson Street, on the East by the West Line of Asbury Avenue, On the South by the South line of said ten (10) acres, and on the West by a line parallel with and Fifty (50) feet Easterly of the original Right of Way of the Chicago and Milwaukee Railway Company, situated in City of Evanston, Cook County, Illinois, more particularly described as follows: Commencing at the Southeast corner of Lot 1 in Evanston Centre 2"d Addition according to the Plat thereof recorded August 25, 1886 as Document Number 747276; thence South 00 degrees 28 minutes 39 Seconds West, a distance of 66.04 feet to the intersection of the south right of way line of Simpson Street and west right of way line of Asbury Avenue being the point of beginning; thence continuing South 00 degrees 28 minutes 39 seconds West along the west right of way line of Asbury Avenue, a distance of 2.00 feet to a line parallel with the south right of way line of Simpson Street; thence South 88 degrees 29 minutes 22 seconds West along said parallel line, a distance of 47.43 feet to a line perpendicular to said south right of way line; thence South 01 degrees 30 minutes 38 seconds East along said perpendicular line, a distance of 25.19 feet; thence South 88 degrees 29 minutes 16 seconds West, a distance of 35.43 feet to a line perpendicular to said south right of way line; thence North 01 degrees 30 minutes 38 seconds West along said perpendicular line, a distance of 27.19 feet to said south right of way line; thence North 88 degrees 29 minutes 22 seconds East along said south right of way line, a • distance of 82.93 feet to the point of beginning, situated in Cook County, Illinois. • Containing 1,058 square feet more or less. E 3/22/2013 15-R-13 A RESOLUTION Authorizing the City Manager to Execute an Easement Agreement with ComEd for Electric Facilities at the Municipal Service Center WHEREAS, Commonwealth Edison Company (hereinafter, "ComEd") intends to install facilities, related to the transmission and distribution of electricity (hereinafter, "Facilities"), near the intersection of Asbury Avenue and Simpson Street as shown in the Easement Agreement attached hereto as Exhibit 1 and incorporated herein by reference; and WHEREAS, ComEd's Facilities will be located so as to encroach on the City of Evanston's property known as the Municipal Service Center, located at 2020 Asbury Avenue, as depicted in Exhibi1; and WHEREAS, the City and ComEd seek to enter into an easement agreement providing for said encroachment of the Facilities on City property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT: SECTION 1: 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, the Easement Agreement set forth in Exhibit 1, by and between the City of Evanston and ComEd, for the annual sum of five hundred twenty-nine and 00/100 dollars ($529.00), providing for the encroachment on the City of Evanston's Municipal Service Center. 0 15-R-13 SECTION 2: The City Manager is hereby authorized and directed to • negotiate any additional conditions or terms of the Agreement as may be determinedito be in the best interest of the City. SECTION 3: 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. Eli eth B. Tisdahl, Mayor Atte Ro ey Greene, ity Clerk Adopted: , 2013 LJ 2 -. .7 • • EXHIBIT 1 Easement Agreement Between the City and ComEd -3- 15-R-13 GRANT OF EASEMENT— PL 438181 The Grantors) THE CITY OF EVANSTON, • a municipal corporation in consideration of the sum of Ten Dollars and other valuable consideration, receipt of which is hereby acknowledged, hereby give(s) and grant(s) to COMMONWEALTH EDISON COMPANY, an Illinois Corporation, its licensees, successors and assigns, an easement to construct, operate, repair, maintain, modify, reconstruct, replace, supplement, relocate and remove, from time to time, wires, cables, conduits, manholes, transformers, pedestals and other facilities used in connection with underground transmission and distribution of electricity, sounds and signals, together with right of access to the same and the right, from time to time, to trim or remove trees, bushes and saplings and to clear all obstructions from the surface and subsurface as may be required incident to the grant herein given, in, over, under, across, along and upon the surface of property situated in Sections 13, Township 41 North, Range 13, East of the Third Principal Meridian in COOK County, Illinois, described below. No structures or obstructions shall be placed over Grantee facilities or in, upon or over the Easement Area by Grantor without prior written consent of the Grantee. After installation of any facilities by Grantee, the grade of the property shall not be altered in a manner so as to interfere with the operation and maintenance thereof. AN EASEMENT AS DEPICTED ON THE EXHIBIT `A' ATTACHED HERETO MADE A PART HEREOF OF THE GRANTOR'S PROPERTY LEGALLY DESCRIBED ON THE EXHIBIT'B' Permanent Index Number (PIN): 10-13-206-002 The Grantor represents and warrants to the Grantee that Grantor is the true, lawful and sole owner of the Property and has full right and power to grant and convey the rights conveyed herein. This instrument prepared by Lora Reader, 3 Lincoln Centre 0 Floor, Oakbrook Terrace, Illinois 60181, on behalf of Commonwealth Edison Company. • ge-CE-corp.doc May, 2004 • • For Corporate or Trust Signature IN WITNESS WHEREOF, the Grantor THE CITY OF EVANSTON, a municipal corporation_ha�-caused this instrument to be executed on its behalf and its corporate seal to be affixed hereto this i< day of 7clgll , 2013. By: (A) { President) (Trust Officer) President) (Trust Officer) ATTEST"_' If grantor is a corporation or trust, complete the following: State Of .� County Of !' I, the undersi ned, a . ot�ry Public id for the said County and State aforesaid, do hereby certify that (;2� � coil P.Pa) I � �;cs-fi'�� � , Pres i t rust Officer ofe, and 'Sec ry of said corporation, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered said instrument as their own free and voluntary act and as the free and voluntary act of said corporation for the uses and purposes therein set forth; and the said Secretary then and there acknowledged that he/she, as custodian of the seal of said corporation, did affix the seal to the foregoing instrument as his/her free and voluntary act and the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and NOTARIAL SEAL this clay9 2013. SE4L O z " P -1, otary Public ✓i zLUxb)INP ge-CE-carp.doc May. 2004 EASEMENT EXHIBIT `At ddltlon 2nd � �6tlon e Znd 276 (,entr o• 1��2 �vtlns er O°G.tNO- 47VOr Per Doc' Lot 1 I II II P Lot o Q— — Found 3/4steel —el bar Found steel pinched pipe 40.0 ^� -Concsidwak I �Iii I III �I --' sock of curb (typ.) — — Edge of pavement (t)P.) I / J �` ` I f J� Point of CommTenncing — _ — — — Existing ComEd monhole 50028'39"W 66.04' Simpson St. oo N882922"E 82.93' ( Point of Beginning e o S0028'39 "W 2.00' S. R.O.W Line of Simpson St. 2a i^7 _ — Concrete si ewalk Q N0130 :38"W 2Z 19' Landscaping edge UGJ1 Q y {{ q 40. Existing building II W. R.O.W. Line !I II I ( of Asbury Ave. 1"m40' J ___/// S88 29 22"W 47.43' 58829'16"W 35.43 Existing privacy wall S01'30 38 E 25.19' PIN: 10-13-206-002 Proposed ComEd Utility Easement — _ Proposed switch gears ""e10N' � ft EASEMENT EXHIBIT Bo DATEDcs�nmrwrl MRF EVANSTON SWI TCHGEAR EASEMENT om® m vnm ONwS wumDrc I °m ONS aw o»a aDeuarn.laS I awo °m �n.13-1eI1 I °at °A --M$= I eanas — n asIiPll7.137-wr�mml4rp °Dr. 11-79-n 1xn 1' - 40' 1 OF / RUSSELL WAIO DILLON PROYMO ev. HR GREEN. INC. R KWS 9 COMEO LAND SURVEY ADMINISTRATOR IL PROF. DESIGN FRIM #184-001322 no, DATE ocstnianan 2 LINCOLN CENTRE 1 1s-7-1: re Yf° CamEA aaAmAnt p°. [M" W l.e ' OAKBROOK TERRACE. IL 60181-4260 420 N. FRONT STREET AD E-AI , Co pmW PHONE. (630)576-7045 FAX: (530)437-3356 McHENRY. IL 815-385-1778 • P.I.N. 10-13-206-002 Ex t i 3rr `B' An area of land for a ComEd Utility Easement being part of the North ten (10) acres of the Northeast Quarter (NE %) of the Northeast Quarter (NE %) of Section Thirteen (13), Township Forty-one (41) North, Range Thirteen (13), East of the Third Principal Meridian, Bounded on the North by the South line of Simpson Street, on the East by the West Line of Asbury Avenue, On the South by the South line of said ten (10) acres, and on the West by a line parallel with and Fifty (50) feet Easterly of the original Right of Way of the Chicago and Milwaukee Railway Company, situated in City of Evanston, Cook County, Illinois, more particularly described as follows: Commencing at the Southeast corner of Lot 1 in Evanston Centre 2nd Addition according to the Plat thereof recorded August 25, 1886 as Document Number 747276; thence South 00 degrees 28 minutes 39 Seconds West, a distance of 66.04 feet to the intersection of the south right of way line of Simpson Street and west right of way line of Asbury Avenue being the point of beginning; thence continuing South 00 degrees 28 minutes 39 seconds West along the west right of way line of Asbury Avenue, a distance of 2.00 feet to a line parallel with the south right of way line of Simpson Street; thence South 88 degrees 29 minutes 22 seconds West along said parallel line, a distance of 47.43 feet to a line perpendicular to said south right of way line; thence South 01 degrees 30 minutes 38 seconds East along said perpendicular line, a distance of 25.19 feet; thence South 88 degrees 29 minutes 16 seconds West, a distance of 35.43 feet to a line perpendicular to said south right of way line; thence North 01 degrees 30 minutes 38 seconds West along said perpendicular line, a distance of 27.19 feet to said south right of way line; thence North 88 degrees 29 minutes 22 seconds East along said south right of way line, a distance of 82.93 feet to the point of beginning, situated in Cook County, Illinois. Containing 1,058 square feet more or less. 9 E • •