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HomeMy WebLinkAbout012-R-21 Authorizing the City Manager to Grant an Easement for Underground Utility Installation at MCulloch Park1 /25/2021 12-R-21 A RESOLUTION Authorizing the City Manager to Grant an Easement for Underground Utility Installation at McCulloch Park NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Manager is hereby authorized and directed to sign an Easement Agreement (the "Agreement") by and between the City, Commonwealth Edison Company (ComEd), and Illinois Bell Telephone Company dba AT&T (AT&T) for the City to grant an easement for the installation of utilities below ground at McCulloch Park. The Agreement is attached hereto as Exhibit 1 and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional conditions of said Agreement that she deems to be in the best interests of the City. SECTION 3: Resolution 12-R-21 shall be in full force and effect from and after its passage and approval in the manner provided by law. Attest: C� Devon Reid, City Clerk Adopted: January 25 , 2021 Stephen H. Hagerty, Mayor Approved as to form: Kelley A. Gandurski, Corporation Counsel 12-R-21 EXHIBIT 1 EASEMENT AGREEMENT -2- GRANT OF EASEMENT CITY OF EVANSTON, an Illinois municipal corporation ("Grantor") in consideration of the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, hereby grant(s) and conveys to COMMONWEALTH EDISON COMPANY, an Illinois Corporation, and ILLINOIS BELL TELEPHONE COMPANY dba AT&T, an Illinois Corporation (together with its licensees, successors and assigns, collectively, "Grantees"), an easement to construct, operate, repair, maintain, modify, reconstruct, replace, supplement, relocate and remove, from time to time, such overhead and underground facilities including, but, not limited to (a) one (1) overhead pole (along with related wires, cables, risers, conduits, and other facilities, as needed), (b) transformers, (c) pedestals, or (d) other facilities used in connection with underground transmission and distribution of electricity, communications, sounds and signals (collectively, the "Facilities"), together with right of access to the same and the right, from time to time, to trim or remove trees, bushes, roots and saplings and to clear obstructions from the surface and subsurface as may be reasonably required incident to the grant herein given, in, over, under, across, along and upon the surface of property situated in Section 34 , Township 42 North, Range 13 , East of the Third Principal Meridian in COOK County, Illinois (the "Property"), further described below: AN EASEMENT AS DEPICTED ON THE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF THE PROPERTY OF THE GRANTOR LEGALLY DESCRIBED AS FOLLOWS: LOTS 8 THROUGH 11 AND 19 THROUGH 22 IN BLOCK 31 IN NORTH EVANSTON, BEING A SUBDIVISION OF LOTS 11, 12, 13, 14, 15, 16, AND THE WEST 4.3 ACRES OF LOT 17 IN GEORGE SMITH'S SUBDIVISION OF THE SOUTH PART OF ARCHANGE QUILMETTE RESERVATION AND ALSO LOTS 1, 3, AND THAT PART OF LOT 2 LYING BETWEEN THE CHICAGO AND MILWAUKEE RAILWAY AND THE WEST LINE OF LOT 3 PRODUCED TO THE NORTH LINE OF SECTION 12 OF ASSESSORS PLAT OF EVANSTON IN SECTION 12, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. ALSO ALL THAT PART OF THE VACATED ALLEY LYING NORTH OF, AND ADJACENT TO, SAID LOTS 8 THROUGH 11 AND ALL THAT PART OF THE WEST HALF OF THE VACATED ALLEY LYING EAST OF, AND ADJACENT TO, SAID LOT 11. PROPERTY ADDRESSES: 1726 JENKS STREET, 1723 LIVINGSTON STREET & 1719 LIVINGSTON STREET, EVANSTON, IL 60201 P.I.N.(S) 05-34-420-008, 05-34-420-025 & 05-34-420-012 Obstructions shall not be placed over the Facilities or in, upon or over the Easement Area without prior written consent of Grantee, which consent shall not be unreasonably withheld, delayed, or denied; provided, however, that notwithstanding the foregoing, so long as none of the following unreasonably interfere with Grantee's (a) access rights to the Easement Area, or (b) use of the Facilities; fencing, paving, sidewalks, driveways, pathways, drinking fountains (and related water service facilities and appurtenances), and landscaping are permitted in the Easenent Area. After installation of any Facilities, the grade of the Property shall not be altered in a manner so as to interfere with the operation and maintenance thereof. ge-CE.corp.doc . Jan.2018 After Recording Please Return To: This instrument prepared by Russell Dillon, 3 Lincoln Centre, 4th Floor, Oakbrook Terrace, Illinois 60181, on behalf of Commonwealth Edison Company. The Grantor represents and warrants to the Grantees that Grantor is the true and lawful owner of the Property and has full right and power to grant and convey the rights conveyed herein. The Easement is binding upon and shall inure to the benefits of the heirs, successors, assigns, and licensees of the parties hereto. For Corporate or Trust Signature IN WITNESS WHEREOF, the Grantor CITY OF EVANSTON, an Illinois municipal corporation has caused this instrument to be executed on its behalf and its corporate seal to be affixed hereto this day of , 2021. By: ( President) (Trust Officer) ( President) (Trust Officer) ATTEST: TITLE If grantor is a corporation or trust, complete the following: State Of County Of I, the undersigned, a Notary Public in and for the said County and State aforesaid, do hereby certify that , ( President) (Trust Officer) of the and Secretary of said corporation, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that they signed and delivered said instrument as their own free and voluntary act and as the free and voluntary act of said corporation for the uses and purposes therein set forth; and the said Secretary then and there acknowledged that he/she, as custodian of the seal of said corporation, did affix the seal to the foregoing instrument as his/her free and voluntary act and the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and NOTARIAL SEAL this day of , 2021. Notary Public ge-CE.corp.doc Jan. 2018 i.-, E H 1 'T.A., jENKs `-. Sri T --_._ 200 155 20 50 50 50 50 20 180 � 1 -020 - - - -18022 �- - � 'C Fly., l: D� ' 110- w$ 17 -023 ' 2 -021 o----- - - - - -- — 7 N loom © a, -024 L m 3 -002 N cv c•, 16 -D 14 2 0 Ca L AOOOO \ 4 -003 FN- N' 15 -015 U) loft _,-_. 5 -004 31 uj ui Q �q r - -007 Z -006 20 45 45 45 45 84 71 150 l CC,jo LIVINGS TON. = _ - = N � ST rn An an ..e• i L. JeG,E/vP AT&T AND r,,iiniC �n�!ED SE/NE� (tVottose�le) n Ifl• Qorfnflfocd4cn�.RfndOncRodOQRRRoA firfrllRni7