HomeMy WebLinkAboutRESOLUTIONS-2013-024-R-13• 4/1012013
24-R-13
A RESOLUTION
Authorizing the City Manager to Execute an Easement Agreement
with Metropolitan Water Reclamation District of Greater Chicago
WHEREAS, the City intends to relocate a bicycle path in conjunction with
the Bridge Street Bridge renovation and widening project (hereinafter, "Project");
WHEREAS, a portion of the bike path for the Project will be located on
the North Shore Channel Parcel owned by the Metropolitan Water Reclamation District
of Greater Chicago ("MWRD") as shown in the Easement Agreement attached hereto
as Exhibit 1 and incorporated herein by reference; and
WHEREAS, the City and MWRD seek to enter into an easement
• agreement providing for said encroachment of the bicycle path and Bridge Street Bridge
for the Project on MWRD 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 MWRD for a twenty-five (25) year term and for a one-time payment of Ten and
no/100 Dollars ($10.00) for the entire term.
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.
24-R-13
SECTION 3: This resolution shall be in full force and effect from and after is
the date of its passage and approval in the manner provided by law.
ey Gree e, City Clerk
Adopted: 6
fAk, , 2013
Eli eth B. Tisdahl, Mayor
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24-R-13
EXHIBIT 1
Easement Agreement between the City and Metropolitan Water Reclamation
District of Greater Chicago
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STM:rg REV. 03-21-13
EASEMENT AGREEMENT
(Annual Increase -Environmental)
THIS AGREEMENT, made and entered into this 21st day of March, 2013, by
and between the METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER
CHICAGO, a body corporate and politic organized and existing under the laws of the
State of Illinois, hereinafter called the "District" and THE CITY OF EVANSTON, he-
reinafter called the "Grantee."
WHEREAS,. the Grantee desires a 25-year non-exclusive easement to con-
struct, reconstruct, operate, maintain, repair and remove a bicycle path as part of
the Bridge Street Bridge rehabilitation and widening project located on a total area
of 4,340+/- sq. ft. section of District real estate as follows: a 3,455+/- sq. ft area
located on a portion of North Shore Channel Parcel 3.07 and an 885+/- sq. ft. por-
tion of property along the south side of Bridge Street spanning the North Shore
Channel and legally described and depicted in Exhibit A which is attached hereto
and made a part hereof;
WHEREAS, North Shore Channel Parcel 3.07 is under lease to the Over the
Rainbow Association under that certain lease dated March 28, 1951 for a 99-year
term that commenced April 1, 1951 and expires March 31, 2050 on 2 acres of Dis-
trict real estate located east of the North Shore Channel and south of Bridge Street •
in Evanston, Illinois;
WHEREAS, this easement is subject to the consent of the Over the Rainbow
Association;
WHEREAS, the District is willing to grant to the Grantee the easement afore-
said upon the conditions hereinafter set forth;
NOW, THEREFORE, for and in consideration of the representations, cove-
nants, conditions, undertakings, and agreements herein made, the parties hereto
agree as follows:
ARTICLE ONE
1.01 The District hereby grants unto the Grantee a non-exclusive easement,
right, privilege and authority for 25-years commencing on April 1, 2013, and termi-
nating on March 31, 2038, for the sole ari► ii osiytr. purpose to construct, recon-
struct, operate, maintain, repair and rdindve a"bigele path and other bridge im-
provements and appurtenances related thereto, hereinafter for convenience
sometimes called "Improvements and Facilities", the real estate legally described
and depicted in Exhibit A which is.etteched hereta and .made a part hereof, herei-
nafter called the "Easement Premisos",
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1.02 The District reserves the right of access to and use of the surface of
the easement premises.
1.03 The Grantee covenants and agrees in consideration of the grant of said
easement to pay to the District an easement fee in the amount of TEN AND NO/100
DOLLARS ($10.00) which is payable contemporaneously with Grantee's execution
and delivery hereof. This amount represents the easement fee for the entire ease-
ment term.
1.04 In addition to the aforesaid, the Grantee shall also pay, when due, all.
real estate taxes and assessments that may be levied, charged or imposed upon or
against the Easement Premises described in Exhibit A and submit to the District
evidence of such payment within 30 days thereafter.
1.05 In addition to the aforesaid, the Grantee shall also pay, when due, all
real estate taxes and assessments that may be levied, charged or imposed upon or
against the Easement Premises described in Exhibit A and submit to the District
evidence of such payment within 30 days thereafter.
ARTICLE TWO
2.01 The construction and installation of the Improvements and Facilities of
the Grantee on the Easement Premises shall be in accordance with plans and speci-
fications therefor prepared at Grantee's expense and supplied to the District by the
Grantee. No work shall commence until said plans and specifications have been
approved in writing by the Executive Director of the District.
2.02 The construction and installation of the Improvements and Facilities.
by the Grantee on the Easement Premises shall be done to the satisfaction of the
Executive Director of the District.
2.03 Grantee shall construct, install, operate, maintain and remove the
"Improvements and Facilities", in a good and workmanlike manner at its sole cost,
risk and expense.
2.04 The Grantee shall compensate the District for any additional costs that
the District may sustain in any future construction of sewers, reservoirs or any oth-
er surface or underground structures caused by the presence of the Improvements
and Facilities of the Grantee on the Easement Premises.
2.05 The Grantee shall relocate' d0, rtiffio*Ye. the Improvements and Facilities
existing or constructed upon the Easeent Premise3-at no cost to the District:
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A. In the event that the subject premises are adjacent to any channel,
waterway or reservoir,:,and. said .chn.nel, :.waterway or reservoir is
to be widened by the bistritt or aa?y other;�q`ovarnmental agency; or
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S. In the event that any agency of government, having. jurisdiction
over said channel, waterway or reservoir requires the relocation
or removal of said improvements; or
C. In the event that said relocation or removal is required for the cor-
porate purposes of the District.
ARTICLE THREE
3.01 The District expressly retains its interest in and rights to the use and
occupation of the Easement Premises subject to the easement rights herein
granted, and the District may grant further easements, assign, sell or lease the
same to other parties subject to the Grantee's right of use and a reasonable means
of access to said Improvements and Facilities for construction, reconstruction, op-
eration, maintenance, repair or removal thereof.
3.02 The Grantee shall be solely responsible for and shall defend, indemni-
fy, keep and save harmless the District, its Commissioners, officers, agents and em-
ployees, against all injuries, deaths, losses, damages, claims, patent claims, liens, .
suits, liabilities, judgments, costs and expenses which may in any wise accrue, di-
rectly or indirectly, against the District, its Commissioners, officers, agents or em-
ployees, in consequence of the granting of this Easement, or which may in anywise
result therefrom or from any work done hereunder, whether or not it shall be al-
leged or determined that the act was caused through negligence or omission of the •
Grantee or Grantee's contracts, subcontractors or their agents and the Grantee
shall, at Grantee's sole expense, appear, defend and pay all .charges of Attorneys
and all costs and other expenses arising therefrom or incurred in connection there-
with, and, if any judgment shall be rendered against the District, its Commissioners,.
officers, agents or employees, in any such action, the Grantee shall, at the Grantee's
sole expense, satisfy and discharge the same provided that Grantee shall first have
been given prior notice of the suit in which judgment has been or shall be rendered,
Grantee shall have been given an opportunity to defend the same and the District
shall have given Grantee its full cooperation. Grantee expressly understands and
agrees that any performance bond or insurance protection required by this Ease-
ment, or otherwise provided by Grantee, shall in no way limit the responsibility to
indemnify, keep and save harmless and defend the District as herein provided. .
3.03 The Grantee prior to entering upon said premises and using the same
for the purposes for which this Easement is granted, shall_ prepare and transmit to
the District an acknowledged statement'that-the::G,rantee is a self -insurer, and that
it undertakes and promises to insure the' Distric, its Commissioners, officers,
agents, servants and employees on account of risks and liabilities contemplated by
the indemnity provisions of this Easement (Article Four, Paragraph 4.02) above; and
that such statement is issued in lieu af..policAes-of inswance or certificates of insur-
ance in which the District, its �officers, agents, servants and em-
ployees would be a named or additioaai insur8d; ant; thar.rt has funds available to •
cover those liabilities in the respective amounts therefor, as set forth as follows:
COMPREHENSIVE GENERAL LIABILITY
Combined Single Limit Bodily Injury Liability
Property Damage Liability (Including Liability for Environmental Contamination of
Adjacent Properties)
in the amount of not less than $4,000,000.00
per Occurrence
and
ALL RISK PROPERTY INSURANCE
(Including Coverage for Environmental Contamination
of Easement Premises)
in the amount of not less than $4,000,000.00
per Occurrence.
This statement shall be signed by such officer or agent of the Grantee having
sufficient knowledge of the fiscal structure and financial status of the Grantee, to
make such a statement on behalf of the Grantee and undertake to assume the fi-
nancial risk on behalf of the Grantee and will be subject to the approval of the Dis-
trict.
ARTICLE FOUR
4.01 In the event of any default on the part of the Grantee to faithfully keep
and perform all singular the covenants, agreements and undertakings herein
agreed by it to be kept and performed, or if said Improvements and Facilities are
abandoned, the District shall give the Grantee notice in writing of such default or
abandonment; and if such default or abandonment shall not have been rectified
within thirty (30) days after receipt of such notice by the Grantee, all rights and
privileges granted herein by the District to the Grantee may be terminated by the
District; and upon such termination, the Grantee shall immediately vacate the
Easement Premises and remove its Improvements and Facilities from said real es-
tate and restore the land to its condition prior to Grantee's entry thereon, all at the
sole cost of the Grantee.
4.02 The Grantee shall have the right to give the District written notice to
cease and terminate all rights and privileges under this agreement. In the event of
such termination, the .Grantee shall have a period of one -hundred twenty (120)
days from and after such termination date to remove the Improvements and Facili-
ties and to restore the land to its origirai wndition iA no cost to the District.
The expiration of said removal and restoration date shall in no event extend
beyond the expiration date of this Easement.
• 4.03 The Grantee understands: and- agrees. that upon the expiration of this
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Easement, Grantee shall have rewnvor ramsed to be removed its. Improvements
and Facilities and any other things which Grantee has erected or placed upon said
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Easement Premises. Grantee further agrees to yield up said Easement Premises in
as good condition as when the same was entered upon by the Grantee. Upon Gran-
tee's failure to do so, the District may do so at the sole expense and cost of Grantee.
4.04 Grantee expressly understands and agrees that any insurance protec-
tion or bond required by this Easement, or otherwise provided by Grantee, shall in
no way limit the responsibility to defend, indemnify, keep and save harmless the
District, as hereinabove provided.
ARTICLE FIVE
5.01 The Grantee also agrees that if the District incurs any additional ex-
pense for additional work which the District would not have had to incur if this
Easement had not been executed, then, in that event, the Grantee agrees to pay to
the District such additional expense as determined by the Executive Director of the
District, promptly upon rendition of bills therefor to the Grantee.
5.02 The Grantee covenants and agrees that it will reimburse the Districts-.
make all necessary repairs at its sole cost and expense and otherwise . keep and
save harmless the District from any loss, cost or expense arising out of the granting
of this Easement suffered to property of the District by way of damage to or de-
struction thereof, caused by any act or omission of the Grantee, Grantee's agents,
employees, contractors, subcontractors, or anyone else acting through or on behalf
of Grantee, its agents, employees, contractors, or subcontractors. •
5.03 During the term of this Easement, the District shall not be liable to the
Grantee for any loss, cost or expense which the Grantee shall sustain by reason of
any damage to its property or business caused by or growing out of the construc-
tion, repair, reconstruction, maintenance, existence, operation or failure of any of
the sewers, structures, channels or other works or equipment of the District now
located or to be constructed on said Easement Premises, or on the land of the Dis-
trict adjacent to said Easement Premises.
ARTICLE SIX
6.01 Detailed plans of subsequent construction or material alteration of the
Grantee's Improvements and Facilities shall first be submitted to the Executive Di-
rector of the District for approval. Construction work shall not begin until such ap-
proval is given to Grantee in writing.
6.02 Any notice herein provided-, to - bel giten shall be deemed properly
served if delivered in writing, personatiy ar mail.ed �by registered or certified mail,
postage prepaid, return receipt requested to the District in care of the Executive Di-
rector,100 East Erie Street, Chicago, Illinois 60611, or to the Grantee in care of:
;Cityf Evnston
2.1.00:Wdge Avenue •
Evanston, IL 60201
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ATTN.: City Manager
or to such other persons or addresses as either party may from time to time desig-
nate.
ARTICLE SEVEN
7.01 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 all statutes, laws, ordinances and regulations of the District, the United
States of America, the State of Illinois, the county, or the city, village, town or mu-
nicipality in which the subject property is located, and furnish to the District suita-
ble evidence thereof.
7.02 The Grantee covenants and agrees that it shall strictly comply with any
and all statutes, laws, ordinances and regulations of the District, the United States
of America, the State of Illinois, the county and the city, village, town or municipali-
ty in which the subject property is located, which in any manner affects this Ease-
ment, any work done hereunder or control or limit in any way the actions of Gran-
tee, its agents, servants and employees, or of any contractor or subcontractor of
Grantee, or their employees.
• 7.03 The Grantee agrees to protect all existing District facilities within the
Easement Premises, including, but not limited to, intercepting sewers, sludge lines,
utility lines, dropshafts, connecting structures; siphons and manholes.
7.04 No blockage or restriction of flow in the water will be tolerated at any
time. No construction or improvements of any kind can project into the waterway
during construction or after permanent repairs are completed.
7.05 Grantee agrees to abide by and implement the District's Waterway
Strategy Resolution as adopted by the District's Board of Commissioners, and at-
tached hereto as Exhibit B and made a part hereof.
ARTICLE EIGHT
8.01 The Grantee shall not voluntarily or by operation of law assign, or oth-
erwise transfer or encumber all or any part of Grantees' interest in this Easement or
in the Premises to any other governmental agency, individual, partnership, joint
venture, corporation, land trust or other entity Y:Athout prior written consent of the
District.
8.02 A change in the control of the Grantee shall constitute an assignment
requiring the District's consent. The:tcansfAr af-,a cumOgtive basis of the twenty-
five percent (2S%) or more of the voting r.ontir41 of Grantee shall consti-
tute a change in -control for this p'U' rpbM.
8.03 Grantee shall notify the District in writing not less that sixty (60) days
prior to any proposed assignment or transfer of interest in this Easement. Grantee
shall identify the name and address of the proposed assignee/transferee and deliv-
er to the District original or certified copies of the proposed assignment, a recital of
assignee's personal and financial ability to comply with all the terms and conditions.
of the Easement Agreement and any other information or documentation requested
by the District. The District shall not unreasonably withhold the consent to assign-
ment or transfer.
8.04 Any attempted assignment or transfer of any type not in compliance
with- these sections shall be void and without force and effect.
G1 t U"41I►E. P
GENERAL ENVIRONMENTAL PROVISIONS
9.01 DEFINITIONS
A. "Environmental Laws" shall mean all present and future statutes,
regulations, rules, ordinances, codes, licenses, permits, orders,
approvals, plans, authorizations and similar items, of all govern-
ment agencies, departments, commissions, boards, bureaus, or
instrumentalities of the United States, state and political subdivi-
sions thereof and all applicable judicial, administrative, and regu-
latory decrees, judgments, orders, notices or demands relat- •
ing to industrial hygiene, and the protection of human health or
safety from exposure to Hazardous Materials, or the protection of
the environment in any respect, including without limitation:
(1) all requirements, including, without limitation,
those pertaining to notification, warning, report-
ing, licensing, permitting, investigation, and re -
mediation of the presence, creation, manufacture,
processing, use, management, distribution, trans-
portation, treatment, storage, disposal, handling,
or release of Hazardous Materials;
(2) all requirements pertaining to the protection of
employees or the public from exposure to Ha-
zardous Materials or injuries or harm associated
therewith;. and
(3). the Comprehensive.E�v�rcc?�inranial Response, Com-
pensation and Liability Act (Superfund or CERCLA)
(42 U.S.C. Sec. 9601 et se .), the Resource Con-
servation and •Res2very:>Act, (Solid Weste Disposal
Act or RCRA) (4Z,MPX.-SE6. 61y01 a .seg.), Clean •
Air Act (42 Sec Y4,0k et.'.s�pg;j; the Federal
Water Pollution Control Act (Clean Water Act) (33
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U.S.C. Sec, 1251 et sea.), the Emergency Planning
and Community Right -to -Know Act (42 U.S.C. Sec.
11001 et sea.), the Toxic Substances Control Act
(15 U.S.C. Sec, 2601 et seq.), the National Envi-
ronmental Policy Act (42 U.S.C. Sec. 4321 et
M.), the Rivers and Harbors Act of 1988 (33
U.S.C. Sec. 401 et SeM.), the Endangered Species
Act of 1973 (16 U.S.C. Sec. 1531 et aq.), the Safe
Drinking Water Act (42 U.S.C. Sec. 300 (f) et
ser ., the Illinois Environmental Protection Act
(415 ILCS 5/1 et sea.) and all rules, regulations
and guidance documents promulgated or pub-
lished thereunder, Occupational Safety and Health
Act (29 U.S.C. Sec. 651 et seg.) and all similar
state, local and municipal laws relating to public
health, safety or the environment.
B. "Hazardous Materials" shall mean:
(1) any and all asbestos, natural gas, synthetic gas,
liquefied natural gas, gasoline, diesel fuel, petro-
leum, petroleum products, petroleum hydrocar-
bons, petroleum by-products, petroleum deriva-
tives, crude oil and any fraction of it,
polychlorinated biphenyls (PCBs), trichloroethy-
lene, ureaformaldehyde and radon gas;
(2) any substance (whether solid, liquid or gaseous
in nature), the presence of which (without regard
to action level, concentration or quantity threshold
requires investigation or remediation under any
federal, state or local statute, regulation, ordin-
ance, order, action, policy or common law;
(3) any substance (whether solid, liquid or gaseous in
nature) which is toxic, explosive, corrosive, flam-
mable, infectious, radioactive, carcinogenic; mu-
tagenic, or otherwise hazardous or dangerous;
(4) any substance (whether solid, liquid or gaseous in
nature) the presence,bf � hR_-h could cause or
threaten to cause a. nuWoin� ipon the area sub-
ject to easement or to adjacent properties or pose
or threaten to pose a hazardous threat to the
health or safety af,persons:.on or,>abQmt such
prop-erties;
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(5) any substance (whether solid, liquid or gaseous in
nature) the presence of which on adjacent prop-
erties could constitute trespass by or against Gran-
tee or District;
(5) any materials, waste, chemicals and substances,
whether solid, liquid or gaseous in nature, now or
hereafter defined, listed, characterized or referred
to in any Environmental Laws as "hazardous sub-
stances," "hazardous waste," "infectious waste,"
"medical waste," "extremely hazardous waste,"
"hazardous materials," "toxic chemicals," "toxic
substances," 'toxic waste, "'toxic materials," "con-
taminants," "pollutants," "carcinogens," "reproduc-
tive toxicants," or any variantor similar designa-
tions;
(7) any other substance (whether solid, liquid or ga-
seous in nature) which is now or hereafter regu-
lated or controlled under any Environmental Laws
(without regard to the action levels, concentra-
tions or quantity thresholds specified herein); or
(8) any result of the mixing or addition of any of the
substances described in this Subsection B with
or to other materials.
C. "Phase I Environmental Assessment" shall mean;
(1) an assessment of the Easement Premises and a
reasonable area of the adjacent premises owned by
the District performed by an independent and
duly qualified, licensed engineer with expe-
rience and expertise in conducting environmen-
tal assessments of real estate, bedrock and
groundwater of the type found on the Easement
Premises and said assessment shall include, but
not necessarily be limited to a historical review
of the -use (abuse) of the Easement Premises, a
review of the utilization and maintenance of ha-
zardous materials. onj the,. Easement Premises re-
view of the Ease,elit-Prcrrasgs' permit and en-
forcement history (Vy *view of regulatory agency
records), a site reconnaissance and physical sur-
vey, inspection of Easement Premises, site inter-
views and site AIiAor ,, evaluai`ioit basic engi-
neering analVsec.`Af'tho`: risks tny•hu'r�ian health and •
the environment" of:- any areas of identified
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concerns, and preparation of a written report
which discusses history, site land use, apparent
regulatory compliance or lack thereof and which
includes historical summary, proximity to and lo-
cation of USTs, LUSTS, TSDFs, CERCLA site flood
plain, maps, photograph log references, conclu-
sions and recommendations.
D. "Phase II Environmental Assessment" shall mean:
(1) an assessment of the Easement Premises and a
reasonable area of the adjacent property owned
by the District performed by an independent and
duly qualified, licensed engineer with expe-
rience and expertise in conducting environmental
assessments of real estate, bedrock and
groundwater of the type found on the Easement
Premises and said assessment shall include, but
not necessarily be limited to, extensive sam-
pling of soils, ground waters and structures, fol-
lowed by laboratory analysis of these samples
and interpretation of the results, and preparation
of a written report with boring . logs, photograph
is
logs, maps, investigative procedures, results, con-
clusions and recommendations.
9.02 MANUFACTURE, USE, STORAGE, TRANSFER OR DISTRIBUTION OF
HAZARDOUS MATERIALS UPON OR WITHIN THE EASEMENT
Grantee, for itself, its heirs, executors, administrators, and successors cove-
nants that to the extent that any Hazardous Materials are manufactured, brought_
upon, placed, stored, transferred, conveyed or distributed upon or within the
Easement Premises, by Grantee or its subtenant or assigns, or any of its agents,
servants, employees, contractors or subcontractors, same shall be done in strict
compliance with all Environmental Laws.
Construction or 'installation of new or reconstruction of any underground in-
terconnecting conveyance facilities for any material or substance is not permitted
without the advance written consent of the Executive Director of the District.
9.03 USE OF PREMISES (RE91 RICI IONS: - ENVIRONMENTAL)
Grantee shall use the Easement Premises only for purposes expressly autho-
rized by Article 1.01 of this Easement Agreement. Grantee will not do or permit any
act that may impair the value of tJhe:fasement..Qremises gr any part thereof or that
could materially increase the dangers, or,pase an, unreasonable risk of harm, to
• the health or safety of persons to.0ird parUes.,(on:-nr orf the Easement Premises)
arising from activities thereon, or that could cause or threaten to cause a public
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or private nuisance on the Easement Premises or use Easement Premises in any
manner (i). which could cause the Easement Premises to become a hazardous
waste treatment, storage, or disposal facility within the meaning of, or otherwise
bring the Easement Premises within the ambit of the Resource Conservation
and Recovery Act of 1976, Section 6901 et sea: of Title 42 of the United States
Code, or any similar state law or local ordinance, (ii) so as to cause a release or
threat of release of Hazardous Materials from the Easement Premises within the
meaning of, or otherwise bring. the Easement Premises within the ambit of, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980,
Section 9601 et sect. of Title 42 of the United States Code, or any similar state law
or local ordinance or any other Environmental Law or (iii) so as to cause a discharge
of pollutants or effluents into any water source or system, or the discharge into the
air of any emissions which would require a permit under the Federal Water Pollu-
tion Control Act, Section 1251 of Title 33 of the United States Code, or the Clean Air
Act, Section 741 of Title 42 of the United States Code, or any similar state law or lo-
cal ordinance.
9.04 CONDITION OF PROPERTY (ENVIRONMENTAL)
A. In the event Grantee has used the Easement Premises under
a prior easement agreement, Grantee warrants and
represents that as a result of the easement grant, the Ease-
ment Premises and . improvements thereon, including all per-
sonal property, have not been exposed to contamination by any •
Hazardous Materials, that there has not been thereon a re-
lease, discharge, or emission, of any Hazardous Materials dur-
ing its occupancy of the premises as defined by any Envi-
ronmental Laws, and that the Easement Premises does not
contain, or is not affected by underground storage tanks,
landfills, land disposal sites, or dumps.
B. In the event of a release, emission, discharge, or disposal of
Hazardous Materials in, on, under, or about the Easement
Premises or the improvements thereon, Grantee will take all
appropriate response action, including any removal and re-
medial action after the execution date of this Easement Agree-
ment.
9.05 INDEMNIFICATION (ENVIRONMENTAL)
A. In consideration of the eu— vdd dit znd delivery of this Easement
amnifies F ronerates, and holds the
Agreement, the Grantee ind
District and its officers, officials, Commissioners, employees,
and agents ("Indemnified Parties') free and harmless from and
against any and all actions, cartses,of action: suits, losses, costs,
liabilities and damr;.-' 6s•,:and `expenses incurred in connection •
with any of these (irtesp�ct1vp..uf w ether a►iy such Indemnified
Party is a party to the action for which indemnification is here
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sought), including reasonable Attorney's fees, costs and dis-
bursements incurred by the Indemnified Parties as a result of or
arising out of or relating to (i) the imposition of any governmen-
tal lien for the recovery of environmental. cleanup costs ex-
pended by reason of Grantee's activities, or (11) any investiga-
tion, litigation, or proceeding related to any environmental
response, audit, compliance, or (iii) the release or threatened
release by Grantee, its subsidiaries, or its parent company of
any Hazardous Materials or the presence of Hazardous Materials
on or under the Easement Premises or any property to which the
Grantee, its parent company, or any of its subsidiaries has sent
Hazardous Materials (including any losses, liabilities, damages,
injuries, costs, expenses, or claims asserted or arising under any
Environmental Law) regardless of whether caused by or within
the control of the Grantee, its parent company, or its subsidiar-
ies provided that, to the extent District is strictly liable under
any Environmental Laws, Grantee's obligation to District under
this indemnity shall be without regard to fault on the part of the
Grantee with respect to the violation of law which results in lia-
bility to District.
9.06 ENVIRONMENTAL COVENANTS
• Grantee agrees to and covenants as follows:
A. Grantee covenants and agrees that throughout the term of the
Easement Agreement all Hazardous Materials which may be
used upon the Easement Premises shall be used or stored there-
on only in a safe, approved manner in accordance with all gen-
erally accepted industrial standards and all Environmental Laws.
B. Grantee has been issued and is in compliance with all permits,
certificates, approvals, licenses, and other authorizations relat-
ing to environmental matters and necessary for its business, if
any.
C. Grantee, to the best of its knowledge, is not a potentially re-
sponsible party with respect to any other facility receiving waste
of the Grantee (whether or not from the Easement Premises)
under CERCLA or under any statute providing for financial re-
sponsibility of private partids foe o1e!30_up or other actions with
respect to the release or � threaten_ release of any Hazardous
Materials.
D. Grantee will take all :rev,,sonable steps to prnment a violation of
any Environmental iwra* T.heret.Will-;tie no spill, discharge,
• leaks, emission, 1njer;h1c41, esca-ppe,.-dunaPing; -or release of any
12
•
toxic or Hazardous Materials by any persons on the area to be
used and under the Easement Agreement.
E. Grantee will not allow the installation of asbestos on the area
described in Exhibit A or any item, article, container or electrical
equipment including but not limited to transformers, capacitors,
circuit breakers, reclosers, voltage regulators, switches, electro-
magnets and cable, containing PCBs.
F. Grantee shall be responsible to install "plugs" of compacted im-
permeable soil material at intervals of no greater than 100 feet
between such plugs along utility trenches which have been
backfdled with compacted granular materials in order to minim
ize cross -site and off -site environmental contaminant migration.
The spacing of these plugs should be based on the characteris-
tics of the site, the configuration of the trench or trenches, the
characteristics (nature and extent) of the site environmental
contamination, and/or the potential for site contamination
should a surface of subsurface chemical release occur. Special
emphasis should be placed on locating these plugs at all utility
trenches where they cross; other utility trenches, containment
berms or walls, property boundaries, and lease boundaries.
G. The aforesaid representations and warranties shall survive the
expiration or termination of the Easement Agreement. 0
9.07 COVENANTS (ENVIRONMENTAL.)
Grantee shall cause its parent company and each. of its respective subsidiar-
ies, contractors, subcontractors, employees and agents to:
A. (1) Use and operate all of the Easement Premises in
compliance with all applicable Environmental Laws,
keep all material permits,. approvals, certificates,
and licenses in effect and remain in material com-
pliance with them;
(2) undertake reasonable and cost-effective measures
to minimize any immediate environmental impact
of any spill or leak of any Hazardous Materials;
B. Notify District by telephone inrithffn t*c« hours of the release of
Hazardous Materials, including the extent to which the identity
of the Hazardous. Materials is known, the quantity thereof and
the cause(s) of the release, and ,urpvidq the, District within 72
hours of the event *itn copies cif A wr,tten: notices by Grantee,
its parent, and its s4.bsid aries.that ate: reported to government •
regulators or received from the government regulators.
13
C. Provide such information that the District may reasonably' re-
quest from time to time to determine compliance by the Grantee
with this Article.
D. Grantee covenants and agrees to cooperate with the District in
any inspection, assessment, monitoring, or remediation insti-
tuted by the District during the Easement Agreement
9.08 COMPLIANCE (ENVIRONMENTAL)
The Grantee will cause its parent company and each of its subsidiaries, if any,
to exercise due diligence to comply with all applicable treaties, laws, rules, regula-
tions, and orders of any government authority.
A. In the event of a spill, leak or release of hazardous waste car-
ried by Grantee, its employees, or its agents Grantee shall con-
duct a Phase I Environmental Assessment, at its own expense,
with respect to the Easement Premises and a reasonable area of
the adjacent property owned by the District and submit the
written report to the District within 90 days after the spill, leak
or discharge. After review of each Phase I Environmental As-
sessment, District, at its sole discretion, may require Grantee, at
. Grantee's expense, to obtain a Phase II Environmental Assess-
ment with respect to the premises used under. the Easement
Agreement. The written report of the Phase II Environmental
Assessment shall be submitted to District within 120 days of
District's request for same. If the Phase II Assessment discloses
the presence of any Hazardous Materials contamination on the
Easement Premises or adjacent premises, Grantee shall take
immediate action to remediate the contamination and to restore
the Easement Premises described in Exhibit A and adjacent
premises owned by the District to a clean and sanitary condition
and to the extent required by any and all Environmental Laws.
B. Capacitators, transformers, or other environmentally sensitive
installations or improvements shall be removed by Grantee prior
to the end of the Easement Agreement unless directed to the
contrary in writing by the District.
C. If any Environmental Aw:swok reyeals, or District otherwise
becomes aware of, the' ezisterce of aY�y violation of any Envi-
ronmental laws that either Grantee is unwilling to remediate or
that District is unwilling to accept, District shall have the right
and option to terminatq,.this Agrppment and to declare it null
and void.
14
D. In the event Grantee should receive a Notice of Environmental •
Problem, Grantee shall promptly provide a copy to the District,
and in no event later than seventy-two (72) hours from Gran-
tee's and any tenants receipt or submission thereof. "Notice of
Environmental Problem" shall mean any notice, letter, citation,
order, warning, complaint, inquiry, claim, or demand that: (i)
the Grantee has violated, or is about to violate, any Environ-
mental Laws; (ii) there has been a release, or there is a threat
of release, of Hazardous Materials, on the Easement Premises,
or any improvements thereon; (iii) the Grantee will be liable, in
whole or in part, for the costs of cleaning up, remediating, re-
moving, or responding to a release of Hazardous Materials; (iv)
any part of the Easement Premises or any improvements there-
on is subject to a lien in favor of any governmental entity for
any liability, costs, or damages, under any Environmental Laws,
arising from or costs incurred by such government entity in
response to a release of Hazardous Material, Grantee shall
promptly provide a copy to the District, and in no event later
than seventy-two (72) hours from Grantee's and any tenant's
receipt or submission thereof.
E. Not less than one (1) year prior to the expiration of the Ease-
ment, Grantee shall have caused to be prepared and submitted
to the District a written report of a site assessment in scope,
form and substance, and prepared- by an independent, compe- •
tent and qualified professional and engineer, registered in the
State of Illinois, satisfactory to the District, and dated not more
than eighteen (18) months prior to the expiration of the
Easement, showing that:
(1) the Grantee has not caused the Easement Premises
and any improvements thereon to materially
deviate from any requirements of the Environmen-
tal Laws, including any licenses, permits or certifi-
cates required thereunder;
(2) the Grantee has not caused the Easement Premises
and any improvements thereon to contain: (i) as-
bestos in any form; (1i) urea formaldehyde; (iii)
items, articles, containers, or equipment which
contain fluid contain5ng,,polychlorinated bi-phenyls
(PCBs); or (iv) undp:rgrouod Aurage tanks which do
not comply with. Environmental laws;
(3) the engineer has identified, and then describes, any
Hazardous Matei. iais ixti dined, macnia ned or con-
veyed. on or *ithin the property, tloi exposure to
•
15
which is prohibited, limited, or regulated by any
Environmental laws;
(4) if any Hazardous Materials were utilized, main-
tained or conveyed on the Easement Premises, the
engineer has conducted and submitted a Phase II
Environmental Assessment of the Easement Pre-
mises, which documents that the Easement Pre-
mises and improvements are free of contamination
by Hazardous Materials;
(5) the engineer has identified and then describes, the
subject matter of any past, existing, or threatened
investigation, inquiry, or proceeding , concerning
environmental matters by any federal, state, coun-
ty, regional or local authority, (the Authorities"),
and describing any submission by Grantee concern-
ing said environmental matter which has been giv-
en or should be given with regard to the Easement
Premises to the Authorities; and
(6) the engineer includes copies of the submissions
made pursuant to the requirements of Title III of
• the Superfund Amendments and Reauthorization
Act of 1986 (SARA), Section 11001 et seq. of Title
42 of the United States Code.
9.09 INSPECTION AND RIGHT OF INSPECTION (ENVIRONMENTAL)
A. In the event Grantee gives notice pursuant to the provisions of
Notice of Environmental Problem, within ninety (90) days Gran-
tee shall submit to District a written report of a site assessment
and environmental audit, in scope, form and substance, and
prepared by an independent, competent and qualified, profes-
sional, registered engineer, satisfactory to the District, showing
that the engineer made all appropriate inquiry consistent with
good commercial and customary practice, such that consistent
with generally accepted engineering practice and procedure, no
evidence or indication came to light which would suggest there
was a release -of substances on the Site or Property which could
necessitate an environmen`al -response action, and which de-
monstrates that the Siteapd pro . ky complies with, and does
not deviate from all appikable environmental statutes, laws, or-
dinances, rules, and regulations, including licenses, permits, or
certificates required. thereunder, and that the Grantee is in com-
pliance with,. and ►gas [tat deviated f;-am; the representations
• and warranties prerious-Y set lswr h,
16
B. District hereby expressly reserves to itself, its agents, Attorneys,
employees, consultants, and contractors, an irrevocable license
and authorization to enter upon and inspect the Easement Pre-
mises and improvements thereon, and perform such tests, in-
cluding without limitation, subsurface testing, soils, and
groundwater testing; and other tests which may physically in-
vade the Easement Premises or improvements thereon as the
District, in its sole discretion, determines is necessary to protect
its interests.
a1�7-3& f=1 a
5'r .,"«,� ,�;fi4:?•=coo-:+. x+�:.�,ta,:�xr.;.::.xi,r.�=."'�rn�.=^- � _3! - .sue? 't^�i, fl
EEje z.
�
I IN
jail
i1:.
17
•
•
•
•
i8
IN WITNESS WHEREOF; on the day and year first above written, the parties
hereto have caused these presents, including Riders and Exhibits, if any, to be duly
executed, duly attested and their corporate seals to be hereunto affixed.
METROPOLITAN WATER RECLAMATION DISTRICT
OF GREATER CHICAGO
ATTEST:
Jacqueline Torres, Clerk
By:
Mariyana T. Spyropoulos
Chairman of Committee on Finance
CITY OF EVANSTON
BY
Wally Bo kiewicz
Title: City Manager
ATTEST, Approved as to form:
W. Grant Farrar
Corporation Counsel
By: �Wle �1f' A11j6YLW?'
Title: Gi�"�...
CONSENTED TO BY:
OVER THE INBO ASSOCIATION
By:
Title:
ATTEST:
By:
Title:
19
•
•
•
•
STATE OF ILLINOIS )
. ) SS.
COUNTY OF COOK )
The undersigned, a Notary Public in and for said County, in the state
aforesaid, DOES HEREBY CERTIFY that
personally known to me to be the
Of r,. &f ev6Lv1.S'6 �
{vlilage/town/city)
Vol 6U`e2utjL�.
(name)
(name)
(tit e)
,a municipal corporation, and
, personally known to me to be
of said municipal corporation and personally known to me to be same persons
whose names are subscribed to the foregoing instrument, appeared before
me this day in person and severally acknowledged that as such
and CI C(4✓(title)
(title conl'd.) ` (title)
of said corporation, duly executed said instrument in behalf of said municipal
corporation and caused its corporate seal to be affixed thereto pursuant to
authority given by the corporate authority of said municipal corporation, as
its free and voluntary act and as the free and voluntary act and deed of said
municipal corporation, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this 23 day of Arr-1 1 , A.D.
20_[L_.
Notary Public
My Commission expires:
i
OFFICIAL SEAL
&XANNE A HALL
NOTARY PUBLIC - STATE OF iWNOIS
i SS." E7tPtRES"10118114 20
.V •
STATE OF ILLINOIS )
SS
COUNTY OF COOK }
I, eml � /4 � g"e_ , a Notary Public in and for said County, in the State
aforesaid, DO HEREBY CERTIFY that 6_17;G / IUAW 6LsO , (Name) personally
,known to: met _ to be the �j��r�ey;'f�- �//'�'� (Title) of
{'�tI ►AYO62d A550G , (Corporation Name), a corporation, and
Va -55 45 , (Name) personally known to me to be the
�f •�:/l-2�--- (Title) of said corporation and 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 severally acknowledged that as such
(Title) and -c�LL(Title) of said corpora-
tiou,s duly executed said instrument in behalf of said corporation and caused the corporate
seal of said corporation to be affixed thereto, pursuant to the authority given by the Board
of Directors of said. corporation, as their free and voluntary act and as the free and volun-
tary act and deed of said corporation, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial: Seal this day of _ , A. A 205-.
Notary Public
My Commission expires:
o: GANDAC '
3Uf.Y 18, 2D18
s
21
•
r�
I�
STATE OF I1,LINOIS )
) SS.
COUNTY OF COOK }
I, Notary Public in and for said
County, in the State aforesaid, DO HEREBY CERTIFY that Marlyana T. Spyropoulos
personally known to me to be the Chairman of the Committee on Finance of the
Board of Commissioners of the Metropolitan Water Reclamation District of Greater
Chicago, a body corporate and politic, and Jacqueline Torres, personally known to
me to be the Clerk of said body corporate and politic, and 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 severally acknowledged that as such
Chairman of the Committee on Finance and such Clerk, they signed and delivered
the said instrument as Chairman of the Committee on Finance of the Board of
Commissioners and Clerk of said body corporate and politic, and caused the corpo-
rate seal of said body corporate and politic to be affixed thereto, pursuant to au-
thority'given by the Board of Commissioners of said body corporate and politic, as
their free and voluntary act and as the free and voluntary act and deed of said body
corporate and politic, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this day of
, A.D. 20
My Commission expires:
21
Notary Public
APPROVED AS TO FORM AND LEGALITY:
Head Assistant Attorney
General Counsel
APPROVED:
Executive Director
22
RECEIVED:
Fee:
Insurance:
Bond:
.•
•
•
•
EXHIBIT A
Plat of Easement and Lenai Descriation of the Easement Premises,
23
-r�r , 1 �t1d1 � + tt t ?h.)t��tf � � � ., � � .. `..'•"!'' � ^d �
! • `'rl ;t 4 I :lfL-vl� �, ��SY ,tI�?{� i!�e�': � � G'2' �'- ; i � '., 6�' �`
r ��;'+ty' Edit �1'c� � c t ., • �
• � • it � --�� .' '� �. 'jj T-v 1 � p"ti:
I .;" E • •1 Y • • .'. l ^T`G , nMrr T wi�3 rhX nh ? f +� r r
BR�OGE STREET
y . 1 . - rw,+: r _"i° w 1'�i'ii'ii`hY C'x''n n.*n., r!+xstu'�,�,�,�,,�� d• o- � pw � � .:., .. � _ 7
000
�±~ ✓� nr. wA; ,irWls'.+R'K`"srrl!E ., �,� '�_..-.t lid"-�d`,7. 'r+2d+"id'+t'h•SMNe�roYf4�dn' � 115'.. Nih+ri+'��hr,� �f`+M+N»+H4k�wlkt'i�•S^z'F n..�tt� 'r" i �-.i�` .�1 �� � � s 4f -
'Tf „ii �, -'.� ::� � �..;',� t Ttl tf TJ Yf •Si4 Cul'NH>7t�rP4HitC„7!1{�' r�'!,�?i' �t'S�rt��FR'�!Po F�� f{k` V '1 �'y. lfi'.I.r r, \t , 1
t � �-,�,�-1f1 ^v� ��A•�` \'�,1'jtl / P.�B�YR • ..rf'; C . -;�'4 ' n, s4 1- F • J. Vir +� K; Il. .'I•' � .P.. � t :.8 _ U� ... ��v 'vr .� r ..J
y ioi 2
W �t f r
>� sty •.• ,.. • �y�Q(n r.;► .. . _,.� �........:.... .._ _ .. , . - /t
F
� 0001PE
•
LEGEND
EXISTINGROW
fit;. �' - • s • � •.•. .i s .'�uY ;wJ�. r V) _' f ..:..�:: ;^�`''., '�� t P
PROPOSED ROLIMITS OF (
PROPOSED
•• L
PART OF THE E 1/2 OF THE SW 1/4 OF SECTION 12, AND PART OF THE E 1/2 OF THE NW 1/4 OF SECTION 13,
ALL IN TWP. 41 N., R. 13 E. OF THE 3RO. P.M., IN COOK COUNTY, ILLINOIS,
EXHIBIT 2
STATE OP Al~' I
,35
OO�INirW01 S�At�IyyYII_. 7�� �yL
M R]T �i 6rtt: iw -T16 Mr OMPIX E AS SOW
Al¢ rO AM—W.,�uAlO oN'IfOYr .i¢r.°n�x�ycw�i r—" a
.i A)6 !"MOOT NO Ours MpAA'L•t TO 4
11TR[f', Nv; ,r�6A'0"�sarr o 6YAI6Tpl Ern Q IIADOID.
DATIO nA PAT 0Y , ZU AA
'pumas" DEW L%1 L" WMM MM H•t10�M
norm A t �f a�IM .. 10 M WOWM D1DgR ldiOAY
a`q �1111ILARHQ
0ay0'tiC sgq�a
34 JEFFREY W. �g
DAY
5 ago. 035 003S44
• SPRINGFMD •
I tf ILLINOIS y
r
� I//pIIEIHI1tpITS
on
BRICK COWERCIAL BLO
PARCEL 1 AS DRBLTCISED PER PLAY OF SURVEY
BY EILSUMR AID COMPANY
roan
PI sm . I01r76.1T
a- Vat, 36. 1LT)
0 . u• Is call
a , ms.D•
T • 20.05'
L . AO.DT•
E . 0113'
P.C. STA. .:0NIG.12
Y.T. STA . ON56.16
rum
a•01
MOM 1
,ui 1A011 dates MRl�ApA�
� 4tdlR Atu
ut0al
POW�
rceY'm to
� er
t
`
a00[
0L Alip4rtlA nrtA IFgM1tNA
I }]tie
VA NA 0 I ADn
I 6Art
I 16A
N10Gita Ef Ilr�'
NAriuON /Alt u•asaam•r. gM1FWOD•IOOraA
gEAEt 6r OUTR O64b
ML Irr161[IIYI\IOIIARA
I w I
am iN 0 { M
I VA
VA
ul INPI3'W1Wr
OKmtaY1r101
Ijl
ROUTE NAM& BRIOCE STREET
(CITY OF
EVANSTON)
SECTIOth
COUNTY+ COOK
Ry1OprOi[NI"S[ At@ 50gyO�DYE775TdOi 5�
MO oawArrY� APB Y DI O- 6�0. PACE M&
i 11006E Stmff
sDi'SOE S'TIEET °o
JOB NOA
LEGEND
9 0 SEYTI01r
1 CgNt•R
R
1S 6-f-{--)-I
WI COfUFA CORNER
-----
QUARTER MM04 LDE
QUARTER, CUAATER SECTION I =
PLATTED LOT LD165
q
PROPERTY O) Ltpe
_--- --•�•—
APPAIFIIT PAOMWIT LDK
E10STD1(l CLITOLM
PROPOW) C411Pm Dx
E)OSTV4 RORR OF WAY LINE
PROPOSED WIRIT OP' WAY LIE
— — — — — - PXOPDSfD PE MATEYPT EASUMT
121.As,
MP3UFIFD ODWWON
121.45' tCOUPs COPMTD ODIET m
R21.441
RE00NOED OdrFf oo
®
MST= maim
v
TES WERE ESTAIMMU FROM CIS F01R:RCE MAW
PROVIDED BY TNS OITY W EVAWTOR. UM Or allRM OFR M
FROM PIRLIM 000RDDUTM
0 um PIPE OR ROO mm • 1w ML SET
771�4. CUT 0I0I I FtEAgIM OR SEETTpA� • TS�/gr NEW SET
• YS C9WIL�R 370E,TI BEMm70roA VLYORS R6�
• 5�72 I�&Rlp�tRmS�l}�(yy,yt��66 �WIgP�YO� F ATtpl
8T3 sU1YEY,Q jT CVlbMQL pCC CCAMs��SEAR,TLM�p[�/�
i �O�FOMpSpplplLSEIPiyEp�Mp1E({6mElP. W110r1WkM DE POSfTION SNOIOL D1 m.
[ M S/b D)OI IE1AL ROO M tMAIM allow
o P LLTI
lID �_p_ ---_ FlJf1AtE AAtYET
��AIDE.sRD'® RY pEAgDIG
PTTMAT w mm wmm n 0--r. STROP a so DY OYR=
CI MIT OF WAY/PDOIANFM ELYD[NR STAKU PROPOSFA TO BE SET
...
Cri' �S#�1ESic7E!Sti,4I:c'iFii7tita.D.7Ei2L1Si
irEit=:_�'[R[f_'t7Emi"•7=i...:.tiTliEiLlt�
'1�EfE,_1it1:a''"il[!Ef:3iil�Fli::st;�76
E'Y'W {i
Et[_cS,'ti�"i TaE!if."TC•=:T.Si"
l�iii3'i
E:!Ef[Ri
iErL.'"•5:.:'t,^7l.RGti%f[Lil�:.^.•I!�iE?E14i
7ERwC_'!Yiul[RL.�CI.�iZL7G)'E�iISIS"•1ET"•tf'.�
L+C;<•lE1L;6.'1[!iF'�?i?7�4:.iE]�[�LSi
:,i
_!C>rERy.�Z!L_74EF_�R..=�S:iJ
ETi:±?fiS4S?II�ER'6i'SI.f
�,,_�G3EE]Q77T.lE.i:•ZSi
I�""iC•IG:.STt[�27�i
RECORMOMCN RECORDED ON
EXHIBIT 4 (PAGE 1
OF 2)
Route:
Bridge Street
Section:
County:
Cook
Job No.:
Parcel:
0001-PE
Sta.:
97+79.84 to 98+80.56
OWNER:
The Metropolitan Water
Reclamation District of Greater
Chicago
Index No.:
10-13-104-032-8001
10-13-104-033-8001
10-12-322-003(pt)
10-13-104-032-8002(pt)
10-13-104-033-8002
Purpose of Easement:
Pedestrian Walkway Relocation
Description of Proposed Permanent Easement:
That part of the East Half of the Southwest Quarter of Section 12 and part of the
East Half of the Northwest Quarter of Section 13, all in Township 41 North,
Range 13 East of the Third Principal Meridian, also being a part of Parcel 1 of a
is all
of Survey by B.H. Suhr and Company, April 1988 in Book CE 88, Page 368
all in Cook County, Illinois, described as follows:
BEGINNING at a found pipe at the point of intersection of the southwesterly line
of Bridge Street and the northwesterly line of Parcel 1, said northwesterly line
being parallel to and 130 feet normally distant southeasterly from the center line
of the North Shore Channel of the Sanitary District of Chicago; thence South 41
degrees 11 minutes 34 seconds East (basis of bearing derived from published
coordinates of GIS reference marks provided by the City of Evanston) on said
southwesterly line of Bridge Street, 79.14 feet to the west line of Brown Avenue;
thence South 0 degrees 28 minutes 37 seconds West on said west line of Brown
Avenue, 16.22 feet; thence South 87 degrees 13 minutes 10 seconds West,
34.66 feet; thence North 41 degrees 07 minutes 51 seconds West, 52.84 feet;
thence North 78 degrees 57 minutes 32 seconds West, 33.38 feet to said
northwesterly line of Parcel 1; thence North 58 degrees 03 minutes 53 seconds
East on said line, 59.10 feet to the POINT OF BEGINNING.
Said parcel contains a total of 3,455 square feet or 0.079 acres more or less.
The said Real Estate being also.sh-mjh by the plat hereto attached and made a
part hereof.
• February 11, 2013
EXHIBIT 4 (PAGE 2.017 2)
Route:
Section:
County:
Job No.:
Parcel:
Sta.:
OWNER:
Index No.:
Description of Proposed Right of Way:
Bridge Street
Cook
0002
99+19.98 to 101 +52.71
The Metropolitan Water
Reclamation District of Greater
Chicago
10-12-322-003(pt)
That part of tots 1, 2 and 3 in the partition of part of the East Half of the
Southwest Quarter, being a subdivision recorded February 21, 1902 as
Document No. 3209316, in Section 12, Township 41 North, Range 13 East of the
Third Principal Meridian, in Cook County, Illinois, described as follows:
COMMENCING at a set mag nail at the southeast comer of the Southwest
Quarter of Section 12, thence South 88 degrees 12 minutes 04 seconds West
(basis of bearing derived from published coordinates of GIS reference marks
provided by the City of Evanston) on the south line of the Southwest Quarter of
Section 12, a distance of 458.48 feet to the southwesterly line of Bridge Street as
described per Document No. 4800148; thence North 41 degrees 11 minutes 34
seconds West on said line, 119.35 feet to the POINT OF BEGINNING.
FROM THE POINT OF BEGINNING thence North 41 degrees 23 minutes 10
seconds West, 229.86 feet to the southwesterly line of Bridge Street; thence
South 47 degrees 10 minutes 04 seconds East on said line, 78.82 feet; thence
South 38 degrees 14 minutes 34. seconds East on said line, 144.33 feet; thence
South 41 degrees 11 minutes 34 seconds East on said line, 7.33 feet to the
POINT OF BEGINNING.
Said parcel contains a total of 885 square feet or 0.020 acres more or less.
The said Real Estate being also shown by the plat hereto attached and made a
part hereof.
February 19, 2013
r�
u
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•
• T H E YK A T E R W A Y S T R A T. E G Y R£ S 0 L U T I O N
_ NOW, THEREFORE, BE, Xi RESOLVED by the Board of Commissioners
The Metropolitan Sanitary District of Greater Chicago:
That henceforth all Metropolitan Sanitary District waterway'
property leases will encourage public Open space, recreation _
and water.edge accessibiiity.in harmony with. appropriately
scaled industrial, commercial, and re ldentia2 develo;6ent .
thus motivating an extension of the'benefits of Chicago's.''
magnificent lakefroat. throughout the Inland waterwey_system.:'
The resolution was unanimously adopted on February 23,.1984 and
affects the 1,000 acres owned by the MSD bordering the inland
waterway system. This.resoluiji0h represents another formal com-•
mitmeni in a long series of carefully engineered innovations.
The MSD has been entrusted with the preservation of clean water
for almost 100 years. Initial clean water efforts requirecl'the
MSD to redirect the polluted water flowing into Lake. Michigan,
the region's primary water -supply. Reversing -the 'flow of the '
polluted rivers was accomplished by _the 'construction of .locks and
canals. The MSD waterway property was. acquired as a, right-of-way
for the canal construction, river reversals and improvements;
This waterway property stretches .from Lake•Michigan to aoliet,
lllinois,'a distance of more than 30 miles and totaling more than
7,000 acres.• The water quality in the lake gradually improved
• through the 30-year canal construction. period. Upon completion,
industrial development along the canals and Yiver's was encouraged
and contributed to the growth of Chicago anr2 the 'region.
in 1925 and 1930, the -United States Supreme `Court limited 'the
amount of water -which could be diverted from Lake Michigan for
dilution of the inland waterways. Post World War II population
increases and 'associated development resulted in. severe 'flooding
of rivers and their•tribut.ari-es during heavy rainstorms. Pollution
control and treatment facilities required congtant expansions and
improvementa,,but the water quality in the waterways contia'eed.to:
deteYio'rate.' During the 1960s the United states Environmental
Protection Act set national standards, for clean water. The need
to -meet thdse new standards to clean the pollutea waterways spur=
red the MSO.to propose another 'innovative solution - a system of
deep tunnels and flood control reservoirs. Initial phases of this
construction program, known as the Tunnel anti Reservoir Plan, -will
be completed in•1985. and will stimulate dramatic improvements in
the water quality of the inland waterways.
As. the commitment to a :clan' AL!"e made possible the magnificent
parks and world famous skyline'of Chicago, the clean"i3nland water
will be the impetus for the development of the 7,000 acres of MSD .
property along the canals and rivers.. With prudent planning; the
challenge of new devvelopment. al..bng t:he waterways can incorporate
a wide range of land ur?s.w?iiie provi3.ing a variety of intrinsic
• and tangible benefit,.
x N T E N T I O 33
o F T It E
R E S o L V T I 0 Dt
...an extension of the benefits of Chicago's magnificent .
lakefront throughout the inland waterway system_
originally, the 'canals were 'colnstruct'e'd to xever'sie 'th.e float
of the rivers, away from the lake 'and to dilute wastewater
overflows. Historically, theyhave been used as•a transpor-
tation link between the Great %akes and the Missiasippi•River.-
These- -important shipping lanes* have been primarily an indus- -
trial asset• and. an occasional source 'of pleasure 'and recreationt.
The anticipated clean inland waterways will become a,revitalized
asset throughqut the three -:county area: they traverse.' -As the
water quality improves' dramatically with'the completion of the
Tunnel and Reservoir Plan in 1985, the MSD waterway property
will become%an attractive •res'ource'for surrounding communities
and the metropolitan area: The MSDVrezolution recognizes the
potential usefulness of th.e MSD property as>valuabie development
sites. The waterways and MSD property will,' for the 'first time
in history, provide a handsome environment for'eleryday•activi-
ties - working, living, shopping and relaxing_ The MSD waterway -
property leasing program will entice a broader range of land '.
uses such as housing complexes, shopping malls,• office 'centers,
professional buildings, restaurants, marinas, parks, .manufactur-. •
ing,' •warehaustug; and industry.
Development of the MSD waterway property will' be a gradual but
continual process meeting the needs of each current and pro- .
speciive leaseholder.. The projected development will occur as.
vacant parcels are leased and as existing leases are renewed.
Each site must reserve a portion for access and use by the
general' public; and each ,site must link -its reserved area' with
the adjacent site. In. this manner, a linr easement the 'entire
o'
length_.f the inland waterway system will ea created. .WQexever
possible this easement will allow access* to 'the Ovate - s. edge.'
Leaseholders and lease requesters smust demonstrate.a willingness
to include. development of this linear easement prior to approval
of the -lease renewal or request. The character of the easement
and the development will be tailored to match the accompanying
requirements of the nearby municipality. Thereby, these public
benefits. will be accrued as the private sector finances approved
projects on MSD leased land.
Although development.: can iiP;:PxF.ected to come in many forms,' shapes
and sizes, some common'dhiracteristics will knit the individual
uses together with continuity and unity without sacrificing'
diversity.•. The comprehensive development will be a continual
ribbon of enterpzis.14g meshing with the next,
and integrating the. f;nlrLnd.Oate`tway.system into the environment:
of daily life.
•
•
0
C P- ,-Z L E N G E O F • T H E R E S O L U T I O N
.'..public open space, 'recreation and water edge ~"
accessibility in harmony with appropriately scaled
industrial, commercial, and residential development
while the MSD continues to preserve and improve water quality
in the inlandiwaterways, accessibility and usefulness of the
waterways will be increased through implementation of the HSD..
waterway strategy resolution. This -goal will be attained
through the development of the linear easement on the MSD
waterway property. As vacant sites are leased and existing
leases are renewed, the linear easement will progressively
evolve into one of three general types: publ'i.c use easement,
multiple use easement, or scenic easement.
A variety of elements will be integrated. into the development
of the linear easement, including bank. stabilization, erosion
control, pathways, fences, berms, retaining wafts, landscaping
and lighting. while increased accessibility and usefuiness.of
the MSD waterways and waterway property is the primary goal,,'.
these elements used advantageously can offer a range of other =.
desirable effects, e.g. noise barrier4, visual barriers, energy
conservation and site enhancement. Use and selection'of the _
elements will be determined by their respective appxopriateness
on the specific site. while the plan and development cost's•are
the responsibility of the leaseholder of the specific site, the
complete development of the easement on the individual- parcel.
can be series of -phases staged to occur over a period of 2-3
years.
The primary linear easement will be a public use easement allow-
ing public access to the water's edge and canal bank by.means of
a pathway.- The linear easement will take the form of a multiple
use easement in those areas where water-oriinted industries
requirv�-use of the water for docks and barge slips. , WheMver'
pobsible public access to the water's edge would be maintained,
while other portions of the easement will continue to traverse.
the site without interference with the industrial leaseholders_'.
activity. A scenic easement, where direct public access is
minimized, will occur only as a necessity to protect a site 'of
unique, historical value. Some sites may have temporary scenic
easement designations while the parcel is unleased or while the
parcel. is under construction or development.
While information concerning'.iaiiiiimum allowable easements "is
available, the MSD expects that the private sector will cooper-
ate with and recognize the many benefits resulting from the full
implementation of the MSD waterway strategy resolution.
•
DevelopEent of the MSD waterway. property will -be a gradual but
_ continual,, process meeting 'the needs of each' current and pro =,
spective leaseholder. The. pro j ected•'development• will occur as
vacant parcels are leased and as existing leases are renewed.
Each site must reserve a portion. for access and use by the, general
publicf and each site must link its reserved.area with the
adjacent'site. In this manner,'a linear easement the entire
length of the inland waterway system will be created. Wherever
possible this easement will allow access to the: water's edge.
Leaseholders and lease requesters must demonstrate a willingness
to include development of this linear easement prior to approval
of the lease renewal or request. 'The character of the easement
and. the development will be tailored to match* the 'accompanying
requirements of the-nearbp municipality.' Thereby, these public
benefits will be accrued as the private sector finances approved
projects on MSD leased land.
A variety of elements will be integrated into the development
of the linear easement, including bank stabilization, erosion
control, pathways, .fences, berms; retaining walls, landscaping
and lighting. While increased accessibility and usefulness of
the MSD waterways and waterway property is the primary goal,
these elements used advantageously can offer a range•cof other
desirable effects, e.g. noise barriers, visual barriers, energy,
conservation and site enhAncelient. Use and selection of the
elements will be determined by their respective appropriateness
on the specific site. While the plan and development costs are •
the responsibility of the leaseholder of the specific site, the
complete development of the easement on the individual parcel
can be.a series of phases staged to occur 'over a period of 2-3
years. _
The primary linear easement will be a public."use easement'allow-
ing ,public access to the' water"s edge and 'canal. bank by. means of
a pathway. The linear easement wil•1 take the form of a multiple
use easement in.those areas'where water -oriented industries
require use of the water for docks.and barge slips. Wherever
possible FAlic access to the water's edge would be maintained,
while other portions of the easement will.cofitinue to traverse
the site without 'interference with.the industrial leaseholders'
activity. A scenic easement, where direct public access is
minimized, will occur only as a necessity to'protect a site of
unique, historical value. Some sites may have temporary scenic
easement designations while the parcel. -.is unl'eased or while the
parcel is under*'construction or development.
0
•
L�
WATERIWAY STRATEGY RESOLUTION
WHEREAS, The Metropolitan Sanitary District of Greater Chicago is .
entrusted with and dedicated to the preservation of clean water; and
WHEREAS, -The Metropolitan Sanitary District of Greater Chicago recognizes
that dramatic improvements in water quality will occur in the inland
waterwagpsystem upon completion of the initial phases of the Tunnel
and Resei'v'oir Plan in 1985; • and
r
WHEREAS, The Mt=tr000litan'Sanitary District pf Greater Chicago is the
owner df more than 7,000 acres of' property adjacent to the inland
waterway system;,
NOW, THEREFORE, BE -IT RESOLVED by the Board of Commissioners of Tile''
- Metropolitan Sanitary District of Greater Chicago's
1. That benceforth all Metropolitan Sanitary District waterway
property leases will encourage public open space, recreation
and water edge accessibility in harmony with appropriately
scaled industrial, commercial-, and residential development
thus motivating an extension of the benefits of Chicago's
magnificent lakefront throughout the inland waterway system. ;
y
2. This Resplution shall be effective immediately upon its .
passage..
Dated: February 23, 19B4. `
Approved:
tebolas J. M s, Presidents
Board of Cammirs sion er s
' The'Metropolitan Sanitary District
Approved 'as to Form & Legality: of Greater•ChicaRo
Head Assistant Attorney
AttoKei y
varies `
varies '250 ft. D
varies 190 ft. 160 ft."
Property
Line Set Back Line
Corporate Use 1 t
' Reserve Line ' S
JE
LEGEND
A. Waterway dm 7, OfO
•B. 60 foot Open Space Setback Area
C. 190 foot Corporate Use Reserve Arta
D. Development Axes i
U.. Subsurface' and Mineral R1. bts Reservation.
tt `
THE METROPOLITAN SANITARY DISTRICT OF GREATER CHICAGO
Transmittal Letter For Board Meeting
February 26, 1985, for the
March 7, 1985, Board Meeting
Deferred and Resubmitted for the
March 21, 1985, Board Meeting
Mr. Raymond R. Rimkus
General Superintendent
O F F I C E
AGENDA SUN47ARY: Request for Order Approving Generic Criteria for
Implementation of the Waterway Strategy Resolution of
the Board of Commissioners of The Metropolitan Sanitary
District of Greater Chicago with Respect to Sanitary
District Lands Which Abut Waterways.
Dear Sir:
Since the adoption of the Waterway Strategy Resolution by the
Board of Commissioners of .The Metropolitan Sanitary District of
Greater Chicago on February 23, 1984, which Resolution established the
policy whereby The Metropolitan Sanitary District dedicated a portion
of its real estate adjacent to waterways to -recreational and aesthetic
interests which would be balanced with the desire to commercially rent
and develop said lands, the Chief Engineer, under. the direction of the
General Superintendent, has been working to establish specific
criteria for the uniform implementation of the Resolution with respect
to all of the Sanitary District's waterways lands. This has proved to
be a Herculean task.
At the meeting of the Board of Commissioners of The Metropolitan
Sanitary District of Greater Chicago on February 21, 1985, authority
was granted to the General Superintendent to develop site -specific
criteria for addressing the Waterway Strategy Resolution. with respect
to three particular parcels of Sanitary District land on the Sanitary
and Ship Canal due to the fact that overall criteria for all of the
waterways had not yet been developed and the Chief Engineer advised
against any long-term leasing activity until uniform procedures
implementing the Board's policy as stated in the Waterway Strategy
Resolution were prepared and presented to the Board of Commissioners
for its approval. g44ler:.separate agenda items, we are presenting the
matter of the requ6st U> .-_,6r6npn6e s::atutory procedures for lease of
those three specific♦•parco;g •piev �usly alluded to, addressing not
only the usual matters relating 'to Teasing but the site -specific
Waterway Resolution implementing criteria for each parcel.
see •.• • .
•
Mr. Raymond R. Rimkus -2- March 7, 1985, Board Meeting
General Superintendent Deferred & Resubmitted for the
March 21, 1985, Board Meeting
In the course of the development of the site -specific criteria
for these parcels, the Chief Engineer reviewed the specific criteria
for each parcel and distilled same into general criteria for
implementation of the Waterway Strategy Resolution which, it is felt,
addresses most contingencies to be encountered in connection with
leasing or other use.of any site along the District's waterways. A
copy of those general criteria is attached hereto. It is believed
that the approval of these criteria by the Board of Commissioners will
provide the general guidelines by which the General Superintendent may
evaluate requests for the leasing of Sanitary District waterway lands
and determine applicants' willingness to comply therewith so that when
any specific parcel is considered for offer for leasing, all or some
of these general criteria may be developed and applied as specific
restrictions in connection with the proposed leasing of a parcel
developed to address the Waterway Strategy Resolution.
Accordingly, it is respectfully requested that the General
Superintendent recommend to the Board of Commissioners that it accept
and approve the attached criteria as being adequate to provide general
guidance in addressing the impact of the Waterway Strategy Resolution
with respect to leasing or development of any parcel of Sanitary
District waterways land. Henceforth, with respect to each specific
leasing activity, site -specific criteria developed in conformity with
these guidelines will be established by staff and presented to the •
Board of Commissioners when approval to commence statutory leasing
procedures is requested with respect to any specific parcel.
Respectfully submi *„gd,
Allen S_ Lavin, Attorney
1 Recommended:
Iox t?q a W/./. t � gr��
Raymond R. Rimkus
General Superintendent
Approved:
f '
Frank E. Dalton ; ��� :��•�
Chief Engineer
Prepared by: ...
Frederick M. FeIdtatf'
Head Assistant Attorney •
ASL:FMF:sg
L -7
It is the intent of the Sanitary District to have a well -maintained
and attractive river edge on all of the property it owns adjacent to
the inland waterway system. In order to accomplish this goal, the
Sanitary District requires a 60-foot waterway edge easement to be
included in its land leases. The lessee will be responsible for bank
stabilization and the construction and maintenance of a landscaped
visual screen.
The Sanitary District will allow a 20 percent plus or minus variation
in the 60-foot scenic easement in order to allow for site development
criteria, existing topography; existing vegetation, and the
development of a "natural" river's edge.
The Sanitary District will allow its river edge property to be
utilized by the lessee for the purpose of waterborne commerce.
However, the lessee will be responsible for the construction and
maintenance of a docking facility compatible with the visual intent of
the scenic easement.
The Sanitary District will not allow the permanent storage of
unsightly materials and/or debris within either the scenic easement or
the docking area. In addition, the unscreened storage of material
will not be allowed anywhere within the lease.
It is the intent of the Sanitary District to maintain, where possible,
a "natural' appearance to its properties by retaining existing
• vegetative cover. However, the Sanitary District recognizes that site
development will sometimes necessitate the removal of existing
vegetative cover. In those cases, the Sanitary District will require
the lessee to reestablish vegetative cover in the same quantities and
qualities as those removed. The reestablished plan materials are to
be considered as an addition to the landscaping required within the
scenic easement.
The Sanitary District, within its leasing procedures, requires that
the lessee comply with local zoning and setback requirements. In
addition, the Sanitary District will reserve the right to retain
access across the leased parcel to obtain access to the water -edged
lands.
PAP Af• ( �'. I • • •
ors •••
•
WATERWAY STRATEGY RESOLUTION R84-005-
WHEREAS, The Metropolitan Sanitary District of Greater Chicago is
entrusted with and dedicated to the preservation of clean water; and
WHEREAS, The Metropolitan Sanitary District of Greater Chicago
recognizes that dramatic improvements in water quality will occur in
the inland waterway system upon completion of the initial phases of
the Tunnel and Reservoir Plan in 1985; and
WHEREAS, The Metropolitan Sanitary District of Greater Chicago is
the owner of more than 7,000 acres of property adjacent to the inland
waterway system;.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of
The Metropolitan Sanitary District of Greater Chicago:
1.That henceforth all Metropolitan Sanitary District waterway
property leases will encourage public open space, recreation
and water edge accessibility in harmony with appropriately
scaled industrial, commercial, and residential development
thus motivating an extension of the benefits of Chicago's
magnificent lakefront throughout the inland waterway system.
2.This Resolution shall be effective immediately upon its
passage.
DATED: February 23, 1984. •
Approved as to Form & Legality:
FREDERICK M. FELDMAN
Head Assistant Attorney
ALLEN S. LAVIN
Attorney
Approved:
NICHOLAS J. Melas
President,
Board of Commissioners of
The Metropolitan Sanitary
District of Greater Chicago
... a
on roll call the motJort waa...`(-r.arr,ied.b1r =he following vote:
..• so*..
yeas: Mrs. Alter, Mr. Fuller, Mr. Kirie, Mrs. Peters; Messrs. Troy,
Viverito, Voss, Melas - (EIGHT) ......
•.♦ • • • .i
a. ..• •.,• t l: • .1 :•
Nays: None. ... .. .. ,.
•
•
O R D I N A N C E
WHEREAS, The Metropolitan Sanitary District of Greater Chicago is
empowered to prevent pollution of waterways within its jurisdiction;
WHEREAS, The Metropolitan Sanitary District of Greater Chicago is
charged with the duty to study, investigate, and from time to time
determine ways and means for removing from the waters within such
Sanitary District so far as practicable all pollution and to determine
methods of abating pollution that is detrimental to public health or
to animals, fish, or aquatic life or detrimental to the practicable
use of the waters for the purposes of recreation, industry, or
agriculture;
WHEREAS, in recent years, the introduction of debris into
waterways under the jurisdiction of The Metropolitan Sanitary District
of Greater Chicago. from privately -owned lands adjacent to such
waterways has been experienced with increasing frequency;
NOW, THEREFORE, BE IT ORDAINED, by the Board of Commissioners of
The Metropolitan Sanitary District of Greater Chicago:
ARTICLE I
Section 1) That all persons, whether legal or natural, who own
land adjacent to waterways under the jurisdiction of The Metropolitan
• Sanitary District of Greater Chicago shall maintain his property in
such a way as to prevent any debris, garbage, wastes, or other wastes
as defined in Ch. 42, Ill_ Rev. Stat., Sec. 326bb (1), from entering
waterways under the jurisdiction of The Metropolitan Sanitary District
of Greater Chicago.
Section 2) Failure of landowners for property adjacent to
waterways under the jurisdiction of The Metropolitan Sanitary District
of Greater Chicago to use, operate, or maintain their property as set
forth in Section 1 herein shall be deemed a violation of this
Ordinance.
Section 3) When, in the opinion of the General Superintendent of
The Metropolitan Sanitary District of Greater Chicago, the landowner
of property has acted contrary to the terms of this Ordinance, the
General Superintendent shall, by conference, conciliation, or
persuasion, endeavor to the fullest extent possible to eliminate or
remedy such violation.
if those efforts*%`$aa!"'.. bepn.. unsuccessful, the General
Superintendent may brder� ..pere:onwho causes or allows actions
contrary to this Ordinance to show cause before the Board of
Commissioners 'of the Sanitary District why such actions should not be
discontinued. ,A suotice• shall bE4 served„ on the offending Dartv
specifying the tame::%p4;p5:_4ce bf: a„near�iiig .to be held by the Board of
t� • Commissioners ratd1r4 'toe" vi1?l9Lr.ion' ariC directing the offending
party to show cause before the Board why an order should not be made
directing the discontinuance of such actions. The notice of the
hearing shall be served personally or by Registered or Certified Mail
at least ten (10) days before the hearing; service may be had on any
agent or officer of a corporation or municipality.
The Board of Commissioners may, itself, conduct the hearing and
take the evidence or may designate any of its members or any officer
or employee of the District:
(a) to issue in.the name of the Board notices of hearings
requesting the attendance and testimony of witnesses
and the production of evidence relevant to any matter
involved in any such hearings;
(b) to take the evidence; and
(c) to transmit a report of the evidence and hearing,
including transcripts and other evidence, together
with recommendations to the Board of Commissioners for
action thereon.
At any public hearing, testimony taken before the Board or any
person designated by it, must be under oath and recorded
stenographically. The transcript so recorded will be made available
to any member of the public or any party to the hearing upon payment
of the usual charges therefor.
After the Board has reviewed the evidence, it may issue an order
to the party responsible for the action directing that within a •
specific time period the discharge be discontinued unless adequate
facilities or devices shall have been installed or existing adequate
facilities or devices are properly operated to prevent actions
contrary to the terms of this Ordinance and any other such orders as
the Board may deem necessary.
ARTICLE II
Court Proceedings
Section 1) Violation of Order to be Considered Nuisance.
A violation of an Order of the Board of Commissioners shall be
considered a nuisance. If any person maintains or operates his
property so as to be in violation of the Order of the Board of
Commissioners, the Sanitary District, acting through the General
Superintendent, may commence as action or proceedings in the Circuit
Court in and for the county in which the Sanitary District is located
or operates facilitiea-�for, tjiG purpose of. having the violation stopped
either by mandamus .offnjt8lc
Section 2 ) Penalties.
Whoever fails to comply with an)Cproyisions of this Ordinance or with
an Order of th(4•.B4&k-d o1 'dommiq*gics*pers issued in nursuanr;- of this
ordinance shall 'be �rncj-jc,�- jdat.•:than SIJO:,.flO nor more than $1,000.00
for each offense-. •'• iucln ...a=Y �onL'ir uarieH of such failure is a •
separate offense. The penalties so imposed, plus reasonable
attorneys' fees, court costs, and other expenses of litigation, are
recoverable by the Sanitary District upon its suit, as debts are
recoverable at law.
Section 3) Injunctive Relief.
In addition to the penalties provided in the foregoing Section,
whenever a person violates any provision of this Ordinance or fails to
comply with any Order of the Board of Commissioners, the Sanitary
District, acting through the General Superintendent, may apply to the
Circuit Court of Cook County for the issuance of an injunction
restraining the person violating the Ordinance or failing to comply
with the Board Order.
ARTICLE III
Savings Clause
If the provisions of any paragraph, section, or article of this
Ordinance are declared unconstitutional or invalid by the final
decision of any court of competent jurisdiction, the provisions of the
remaining paragraphs, sections, or articles shall continue in full
force and effect.
ARTICLE IV
Effective Date
This' comprehensive Amendment shall take effect immediately upon
passage by the Board of Commissioners.
• DATED: THIS 7Tx DAY OF FEBRUARY, 1985.
Respectfully submitted,
RICHARD J. TROY, Vice President
Approved as to Form and Legality:
Principal Assistant Attorney
6
.
Attorney
. .. . Appxov
.• •.• • AJICAOLAS J,_ MELAS. Pracide t MP hor
-, ;;; • : :.r`. ' :uf _61e t'oitTnjssioners of The Metropolitan
• "' "' .. ' i :Sayii.tary ' Di`i-trict of Greater Chicago