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Home My WebLink AboutRESOLUTIONS-2013-043-R-131 • • • • 7/30/2013 43-R-13 A RESOLUTION Authorizing the City Manager to Execute a Public Utility Easement Agreement with Gendell/WNB LLC WHEREAS, the City purchased two lots located at 1223-1225 Chicago Avenue (Lot 19) and 1229 Chicago Avenue (Lot 20) ("City Property") and executed certain license agreements with Gendell/WNB, LLC, an Illinois limited liability company ("Gendell") in order provide parking to service the future development of Trader Joe's by Gendell at 1211 Chicago Avenue pursuant to authority granted in Resolutions 32- R-12 (Lot 19) and 33-R-13 (Lot 20); WHEREAS, in accordance with the license agreements, Gendell installed the sanitary and storm sewer pipes and shall conduct all necessary repairs, maintenance, and other obligations to the same going forward; WHEREAS, Gendell requests a non-exclusive public utility easement for a ten foot (10') wide strip easement for the subject sanitary and storm sewer pipes to be located below the City's 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 Public Utility Easement Agreement attached hereto as Exhibit 1, by and between the City of Evanston and Gendell/WNB, LLC for a term of seventy (70) years. A 43-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 Rodney G ene, City Clerk Adopted: avix.1di ]a , 2013 Eli a eth B. Tisdahl, Mayor • • • • —2— • EXHIBIT 1 Public Utility Easement Agreement between the City and Gendell/WNB LLC • • 43-R-13 -3- GRANT OF NON-EXCLUSIVE PUBLIC UTILITY EASEMENT THE CITY OF EVANSTON, of the State of Illinois, County of Cook and its successors, assignees and transferees (all hereinafter referred to as "Grantor"), hereby grants to GENDELL/WNB LLC, an Illinois limited liability company, of the State of Illinois, County of Cook and its successors, assignees and transferees (all hereinafter referred to as "Grantee") a non-exclusive permanent easement for the purpose of the installation of sanitary and storm sewer services and appurtenances in, over, upon, through, along, across and under the following described real estate at 1223-1225 Chicago Avenue and 1229 Chicago Avenue, approximately ten foot (10') wide strip of land legally described on Exhibit 1, all situated in the City of Evanston, County of Cook, State of Illinois and hereby releases and waives all right under and by virtue of the Homestead Exemption Laws of the State of Illinois. The above -described real estate and improvements located thereon are herein referred to as the "Premises." Attached as Exhibit 2 is the Plat of Easement depicting said Easement on the Premises with a total easement area of 2,996 square feet. Grantor hereby grants, conveys, warrants and dedicates to the Grantee, its agents, servants, employees, its successors and assigns, a non-exclusive public utilities easement for seventy (70) years to survey, construct, reconstruct, use, operate, maintain, test, inspect, repair, or alter the sanitary and storm sewer services and related appurtenances and to inspect and make alterations to the above describe systems, both only in consultation with the City of Evanston's Utilities Department and the Public Works Department and any and all of parameters and restrictions on said use described, in, over, upon, thru, along, across and under the Premises together with related attachments, equipment and appurtenances thereto (collectively "Public Utilities") subject to the terms and conditions hereinafter set forth and set forth in the License Agreements dated November 13, 2012 between Grantor and Grantee for the construction of the Licensed Improvements, as more fully described in the License Agreements for the real property commonly known as 1223-1225 Chicago Avenue and 1229 Chicago Avenue in upon, under, along and across the Premises, with the right of access thereto, including all reasonable rights of ingress and egress across any adjoining lands of Grantor necessary for the exercise of the rights herein granted. Grantee hereby acknowledges that it shall have the obligation to survey, construct, reconstruct, use, operate, maintain, test, inspect, repair, or alter the sanitary and storm sewer services and related appurtenances and to inspect and make alterations to the above describe systems, with no right of reimbursement from the City of Evanston. Grantor shall have and retain all rights to use and occupy the premises and access to Grantor's remaining property, except as herein expressly granted; provided, however, • • • • • is Grantor's use and occupation of the premises may not interfere with Grantee's use of the premises for the purposes herein described. In consideration of the Grantee constructing, maintaining, repairing, and replacing the above named utilities, the yearly easement fee of $1,498 (total fee is $104,860 over the 70-year term to match the License Agreement term) is hereby waived and other good and valuable consideration, the receipt of which hereby is acknowledged. Grantor, without limiting the interest above granted and conveyed, acknowledges that upon payment of the agreed consideration, all claims arising out of the above acquisition have been settled, including without limitation, any diminution in value to any remaining property of the Grantor caused by opening, improving, and using the premises for highway purposes. This acknowledgment does not waive any claim for trespass or negligence against the Grantee or Grantee's agents which may cause damage to Grantor's remaining property. This grant shall constitute a covenant, which runs with the land, and shall be binding upon the legal representatives, successors and assigns of Grantor. Dated this day of ATTEST: Signature City Clerk, Rodney Greene STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) ,2013. GRANTOR: CITY OF EVANSTON By: Signature City Manager, Wally Bobkiewicz I, , a Notary Public in and for said County and State aforesaid, DO HEREBY CERTIFY that Wally Bobkiewicz, City Manager of the City of Evanston who is personally know to me to be the same person whose name is subscribed to the foregoing instrument as such, appeared before me this day in person • • 1 and acknowledged that he signed and delivered the said instrument as his own free and • voluntary act for the uses .and purposes therein set forth. Given under by hand and notarial seal this day of 12013 Notary Public GRANTEE: GENDELL/WNB, LLC By: Signature Manager, Kevin Gazley STATE OF ILLINOIS ) ss. COUNTY OF COOK ) I, , a Notary Public in and for said County and State • aforesaid, DO HEREBY CERTIFY that Kevin Gazley, Manager of the Gendell/WNB, LLC who is personally know to me to be the same person whose name is subscribed to the foregoing instrument as such, appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and lk voluntary act for the uses and purposes therein set forth. Given under by hand and notarial seal this day of 2013 Notary Public • • EXHIBIT 1 • LEGAL DESCRIPTION THAT PART OF LOTS 19 AND 20 IN BLOCK 76 IN THE VILLAGE OF EVANSTON, IN THE NORTH HALF OF THE NORTH HALF OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 20; THENCE SOUTH 00 DEGREES 29 MINUTES 40 SECONDS EAST, ALONG THE WEST LINE OF SAID LOT 20, A DISTANCE OF 43.16 FEET TO THE POINT OF BEGINNING, - THENCE NORTH 87 DEGREES 06 MINUTES 55 SECONDS EAST, A DISTANCE OF 10.29 FEET; THENCE SOUTH 64 DEGREES 04 MINUTES 24 SECONDS EAST, A DISTANCE OF 73.37 FEET; THENCE NORTH 84 DEGREES 03 MINUTES 26 SECONDS EAST, A DISTANCE OF 89.02 FEET; THENCE SOUTH 05 DEGREES 56 MINUTES 34 SECONDS EAST, A DISTANCE OF 10.00 FEET; THENCE SOUTH 84 DEGREES 03 MINUTES 26 SECONDS WEST, A DISTANCE OF 72.93 FEET, - THENCE SOUTH 64 DEGREES 04 MINUTES 24 SECONDS EAST, A DISTANCE OF 41.04 FEET, TO THE SOUTH LINE OF SAID LOT 19; THENCE NORTH 89 DEGREES • 36 MINUTES 47 SECONDS WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 23.19 FEET; THENCE NORTH 64 DEGREES 04 MINUTES 24 SECONDS WEST, A DISTANCE OF 36.19 FEET; THENCE SOUTH 84 DEGREES 03 MINUTES 26 go SECONDS WEST, A DISTANCE OF 69.02 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 39.23 FEET; THENCE SOUTH 87 DEGREES 06 MINUTES 55 SECONDS WEST, A DISTANCE OF 5.72 FEET, TO THE WEST LINE OF SAID LOT 19; THENCE NORTH 00 DEGREES 29 MINUTES 40 SECONDS WEST, ALONG THE WEST LINE OF SAID LOTS 19 AND 20, A DISTANCE OF 10.01 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 20; THENCE SOUTH 00 DEGREES 29 MINUTES 40 SECONDS EAST, ALONG THE WEST LINE OF SAID LOT 20, A DISTANCE OF 43.16 FEET; THENCE NORTH 87 DEGREES 06 MINUTES 55 SECONDS EAST, A DISTANCE OF 10.29 FEET; THENCE SOUTH 64 DEGREES 04 MINUTES 24 SECONDS EAST, A DISTANCE OF 6.15 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 11.12 FEET, TO THE POINT OF BEGINNING; THENCE SOUTH 64 DEGREES 04 MINUTES 24 SECONDS EAST, A DISTANCE OF • 46.28 FEET; THENCE SOUTH 84 DEGREES 03 MINUTES 26 SECONDS WEST, A • DISTANCE OF 41.84 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 24.57 FEET TO THE POINT OF BEGINNING. • • t • • • EXHIBIT 2 PLAT OF EASEMENT • 41 LOCATION SMICH (A+OT TO SCALE) PLAT OF EASEMENT -- LWAL DESCRIPTION OF CRAATOR'S PROPERTY a tr�2 xosm Mtuar w YciMii ,�mixmvioµs aln M xmrx D,M 12Ro STREET xe.tt,. x ,e,eo n 49 S g VILLAGE OF TVA8187ON GLµv 70 5 eY'Je'sr 1saw 28 Q--O`'2-- '�v en,W ut v'rm s "9 rg] 3 N 87V8'55- E VILLAGE OF EVANSTGN B 6 oxm r m' a Wmwru �mumc m1Oaan. t�i a �10.29' BLOCK-778 5 cmxE<ar vw . wxrm� u:<o a� v /� !q4 ra s es i� Wrx vwr¢s ua v rm O GO1 z.72� s e �e.r s in.ar E C _ r 1s,�WWATas sr ,-A m,.fv rn.'«enw +w"'�'v,we �v. u a ecµa aimmo LS 10.01' 8 I I �7�J)• IB ii[n[e.�renulrzo TM cestnx, a `�r .uwasWsa�nn, urwnc Mec+.wW a i r Ef 7 (� �f -�� s 1 9 Sii —W- e9�2 —�� 7 r tlMt1FA's cpluut j e L �I,q. a tr+rt tomrt m SaM) 1�1 >s � N 99�6'er W 189.b' 29 TM'I+ M `m ra sort m e< tmur mmraraM LOT iB 89'Je'4)' W 2J.19' o,�im�ms 0,7 vas ,s Wmsx v: +o• to_ VILLAGE OF EVANSTON 8 �i � GL/OCX 7B off° ie[a j -- w,xsrm. 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