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Home My WebLink About060-R-21 Easement Agreement for Steam Infrastructure Repair on Emerson Street5/19/2021 60-R-21 A RESOLUTION Authorizing the City Manager to Grant an Easement for Steam Infrastructure Repair on Emerson Street 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 and Northwestern University for the City to grant an easement for the repair of steam infrastructure below ground on Emerson Street, west of Sheridan Road and east of Orrington Avenue. 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 he deems to be in the best interests of the City. SECTION 3: This resolution shall be in full force and effect from and after its passage and approval, in the manner provided by law. Attest: Stephanie Mendoza, City Clerk Adopted: .tune 14 , 2021 Daniel Biss, Mayor Approved as to form: Nicholas E. Cummings, Corporation Counsel 60-R-21 EXHIBIT 11 EASEMENT AGREEMENT wz GRANT OF NON-EXCLUSIVE PUBLIC UTILITY EASEMENT In consideration of the payment of the easement fee in the amount of Forty -Seven Thousand Eleven and 13/100 Dollars ($47,011.13) and other good and valuable consideration ("Easement Fee"), the receipt of which hereby is acknowledged, 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 NORTHWESTERN UNIVERSITY, 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 period between June 1, 2021 through May 31, 2041 for a total of twenty (20) years ("Easement Term") for the purpose of the installation and repair of utility conduits to accommodate steam infrastructure, and appurtenances in, over, upon, through, along, across and under the following described real estate, with an area of approximately 2,694 sq. ft. as described below: A Public Utility Easement, A UTILITY EASEMENT BELOW GROUND LEVEL NOT TO EXCEED A MAXIMUM DEPTH OF 15.00 FEET (AS MEASURED FROM THE EXISTING CENTERLINE OF EMERSON STREET) OF THAT PART OF EMERSON STREET DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF EMERSON STREET AND SHERIDAN ROAD, BEING ALSO THE NORTHEAST CORNER OF LOT A IN THE PLAT OF CONSOLIDATION OF PARTS OF BLOCKS 2, 5, 9 AND 10 IN THE VILLAGE (NOW CITY) OF EVANSTON SUBDIVISION IN FRACTIONAL SECTIONS 7 AND 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 10, 1974 AS DOCUMENT NO. 22680757; THENCE NORTH 89130'21" WEST ON AN ASSUMED BEARING ALONG THE SOUTHERLY LINE OF SAID EMERSON STREET, BEING ALSO THE NORTH LINE OF SAID LOT A FOR A DISTANCE OF 205.05 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°30'21" WEST A DISTANCE OF 107.00 FEET; THENCE NORTH 00129'39" EAST A DISTANCE OF 6.12 FEET; THENCE NORTH 89030'21" WEST A DISTANCE OF 73.01 FEET; THENCE NORTH 00129'39" EAST A DISTANCE OF 33.88 FEET TO THE NORTH LINE OF EMERSON STREET; THENCE SOUTH 89030'21" EAST ALONG THE NORTHERLY LINE OF SAID EMERSON STREET A DISTANCE OF 10.00 FEET; THENCE SOUTH 00°29'39" WEST A DISTANCE OF 23.88 FEET; THENCE SOUTH 89030'21" EAST A DISTANCE OF 170.01 FEET; THENCE SOUTH 00029'39" WEST A DISTANCE OF 16-.12 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS., SITUATED IN THE COUNTY OF COOK, STATE OF ILLINOIS AND AT EMERSON STREET WEST OF SHERIDAN ROAD 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 A IS THE PLAT OF EASEMENT DEPICTING SAID EASEMENT ON THE PREMISES AND CONTAINS THE LEGAL DESCRIPTION FOR SAID EASEMENT Grantor hereby grants, conveys, warrants and dedicates to the Grantee, its agents, servants, employees, its successors and assigns, a non-exclusive public utilities easement to survey, construct, reconstruct, use, operate, maintain, test, inspect, repair, or alter the steam infrastructure, and related appurtenances and to inspect and make alterations to the above describe system, both only in consultation with the City of Evanston's Public Works Agency 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") 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. 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, Grantor's use and occupation of the premises may not interfere with Grantee's use of the premises for the purposes herein described. 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 .2021. ATTEST: M Stephanie Mendoza, City Clerk CITY OF EVANSTON GRANTOR: By: Erika Storlie, City Manager CITY OF EVANSTON STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) I, , a Notary Public in and for said County and State aforesaid, DO HEREBY CERTIFY that Erika Storlie, 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 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 , 2021 Notary Public GRANTEE: Northwestern University Facilities Management Operations By: Signature STATE OF ILLINOIS ) ss. COUNTY OF COOK ) I, , a Notary Public in and for said County and State aforesaid, DO HEREBY CERTIFY that, , Facilities Management Operations 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 voluntary act for the uses and purposes therein set forth. Given under by hand and notarial seal this day of , 2021 Notary Public EXHIBIT A PLAT OF EASEMENT PLAT OF EASEMENT OF A UTILITY EASEMENT BELOW GROUND LEVEL NOT TO EXCEED A MAXIMUM DEPTH OF 15.00 FEET (AS MEASURED FROM THE EXISTING CENTERLINE OF EMERSON STREET) OF THAT PART OF EMERSON STREET DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF EMERSON STREET AND SHERIDAN ROAD, BEING ALSO THE NORTHEAST CORNER OF LOT A IN THE PLAT OF CONSOLIDATION OF PARTS OF BLOCKS 2, 5, 9 AND 10 IN THE VILLAGE (NOW CITY) OF EVANSTON SUBDIVISION IN FRACTIONAL SECTIONS 7 AND 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 10, 1974 AS DOCUMENT NO. 22680757; „ THENCE NORTH 89'30 21 " WEST ON AN ASSUMED BEARING ALONG THE SOUTHERLY LINE OF SAID EMERSON STREET, 1 = 60BEING ALSO THE NORTH LINE OF SAID LOT A FOR A DISTANCE OF 205.05 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING NORTH 89'3021" WEST A DISTANCE OF 107.00 FEET' THENCE NORTH 00'29'39" EAST A DISTANCE OF 6.12 FEET; THENCE NORTH 89'3021" WEST A DISTANCE OF 73.01 FEET- THENCE NORTH 00'2939" EAST A DISTANCE OF 33.88 FEET TO THE NORTH LINE OF EMERSON STREET; THENCE SOUTH 89'30 21 " EAST ALONG THE NORTHERLY LINE OF SAID EMERSON STREET A DISTANCE OF 10.00 FEET- THENCE SOUTH 00'29'39" WEST A DISTANCE OF 23.88 FEET - THENCE SOUTH 89'30 21 " EAST A DISTANCE OF 170.01 FEET, • THENCE SOUTH 00'29'39" WEST A DISTANCE OF 16.12 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. CONTAINING 2694 SQ. FT. 30'21 "E WS89 _ , 10.00' w o� 12 N S89 30'21 "E 170_01 ' MERSON EMERSON S TREE T .L_ n �wtJ "�`� 0��S0029'39"W 16.12' -+893021"W 107 r Q Q Z N00 29'39 "E N89 30'21 "W 205.05' 6.12' P.O.B. -N89 30'21 "W 73.01 ' LOT A STATE OF ILLINOIS) COUNTY OF COOK) S.S. APPROVED AND ACCEPTED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS ON THIS DAY OF 2021. BY.• CITY CLERK, EVANSTON, ILLINOIS STATE OF ILLINOIS) COUNTY OF LAKE) S.S. GEWALT HAMIL TON ASSOCIATES, INC., DO HEREBY CERTIFY THAT WE HAVE PREPARED THIS PLAT OF EASEMENT FROM EXISTING PLATS AND PLANS FOR THE PURPOSE OF GRANTING THE UTILITY EASEMENT AS SHOWN HEREON. I HEREBY AUTHORIZE A REPRESEN TA 71 VE FOR THE CITY OF EVANSTON TO RECORD THIS PLAT WITH THE COOK COUNTY RECORDERS OFFICE. GEWALT HAMIL TON ASSOCIATES, INC. DATED THIS 22ND. DAY OF APRIL, 2021. EDWARD A. HEDGE, ILLINOIS PROFESSIONAL LANDS YOR NO. 3026 MY LICENSE EXPIRES NOVEMBER30, 2022 �1 GEW�gM HAM�NORTHWESTERN l , ASSOCIATES, INC. EMERSON STREET 625 Forest Edge Drive ■ Vernon Hills, IL. 60061 TEL 847.478.9700 0 FAx 847.478.9701 ,`Q�.•'•• •••• • • 0 Vernon Hllls• ' * ? EDWARD A. HEDGE °, � .036-008026 •, FILE: 4550.106—ESM T. dwg DRAWN BY: _AH I GHA PROJECT # DATE 04-22-21 4550.106 CHECKED BY: SCALE. 1 "=60'