HomeMy WebLinkAbout001-R-19 Authorizing the City Manager to Negotiate and Execute a Temporary Construction Easement Agreement with Fifth Third Bank for the Main Street Corridor Improvement Project1/8/2019
1-R-19
A RESOLUTION
Authorizing the City Manager to Negotiate and Execute a Temporary
Construction Easement Agreement with Fifth Third Bank for the Main
Street Corridor Improvement Project
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The City of Evanston will upgrade the existing signalized
intersection at Main Street and McDaniel Avenue; construct a new signalized intersection
at the east entrance to the Main Street Marketplace; make sidewalk and driveway
improvements for pedestrian and ADA access, and other right-of-way improvements
between the west City Limits and Hartrey Avenue ("Right -of -Way Improvements").
SECTION 2: The Right -of -Way Improvements require the reconstruction of
the three access driveways and adjacent sidewalks to the Main Street Marketplace
Resubdivision. In order to construct the Right -of -Way Improvements, the City seeks a
temporary construction easement from private property owners to ensure that the
contractor has adequate area and access available for equipment, vehicles and material
for the purposes of facilitating the construction.
SECTION 3: The City Manager is hereby authorized to execute the
attached Temporary Construction Easement Agreements with Fifth Third Bank for the
City to receive a temporary construction easement to construct the referenced Right -
of -Way Improvements. The Temporary Easement Agreement is attached as Exhibit 1
and incorporated herein by reference.
1-R-19
SECTION 4: The City Manager is hereby authorized and directed to
negotiate any additional conditions of the Easement Agreement as he may determine
to be in the best interests of the City and in a form acceptable to the Corporation
Counsel.
SECTION 5: Resolution 1-R-19 shall be in full force and effect from and
after the date of its passage and approval in the manner provided by law.
Stephen
H. Hagee
Attes .r,
Approved to form:
Devon Reid, City Clerk Michelle L. Masoncup, Corporation Counsel
Adopted: �QnV(ar , 2019
#2#
1-R-19
EXHIBIT 1
TEMPORARY EASEMENT AGREEMENT
-3-
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (the "Agreement')
is made and entered into this day of January, 2019, by and among Fifth Third Bank
("Grantor") and the City of Evanston, an Illinois municipal corporation ("Grantee"); the Grantor and
Grantee shall be referred to herein collectively as the "Parties":
WITNESSETH:
1. The Grantor, in consideration of the sum of One Dollar ($1.00), the receipt of which
is hereby acknowledged, does hereby give, grant and convey unto the Grantee a non-exclusive
temporary construction easement ("Temporary Construction Easement") over that portion of the
property of the Grantor, situated in the City of Evanston, County of Cook, Illinois, and more
particularly described as Lot 2 in Main Street Commons Resubdivision, recorded November 21,
2005 as Document 0532539031 in Cook County Illinois (the "Grantor Tract"), identified as
'Temporary Easement #x1" and "Temporary Easement #2" on Exhibit A attached hereto
(collectively, the "Easement Area") and made a part hereof.
2. Together with the right of the Grantee, its successors and assigns, to go on the
Easement Area with necessary labor, equipment, vehicles and material for the purposes of
facilitating the construction of a signalized intersection, sidewalk improvements and other right-of-
way improvements at the corners of Main Street and the two western entrances to the Main Street
Commons Resubdivision ("Right -of -Way Improvements).
3. The Temporary Construction Easement may be used solely to enter in, upon,
under and across that portion of the Easement Area for the construction of the Right -of -Way
Improvements. All costs and expenses related to the construction of the Right -of -Way
Improvements shall be the sole responsibility of Grantee.
4. The Temporary Construction Easement shall terminate on the earlier of (i) the date
Grantee completes construction of the Right -of -Way Improvements or (ii) December 31, 2019.
Grantee will use all commercially reasonable commercial efforts to commence construction of the
Right -of -Way Improvements by May 15, 2018 and complete construction by November 1, 2019.
5. This Temporary Construction Easement shall include the right and obligation of
Grantee to grade, fill, and place topsoil to restore the Easement Area to its condition that existed
prior to the Grantee's entry.
TO HAVE AND TO HOLD the above granted Temporary Construction Easement unto the
Grantee, its successors and assigns, during the term of this Agreement.
And the Parties hereby covenant as follows:
1. That the Grantor is lawfully seized of the Easement Area upon which said
Temporary Construction Easement is granted, and has title to the Easement Area, and the
Grantor therefore has good and lawful right to convey the Temporary Construction Easement
referenced herein.
2. Grantor, without limiting the interest above granted and conveyed, acknowledges
that upon payment of the agreed consideration, Grantee waives and releases all claims for
diminution in value to the Grantor Tract caused by the opening, improving and using the Right -of -
Way Improvements. This acknowledgment does not waive any claim for (a) trespass or negligence
against the Grantee or Grantee's contractors or agents which may cause damage to the Grantor's
US2008 14893604 4
remaining property, or (b) breach by Grantee of any other the terms of this Agreement. Grantee
covenants and agrees that it shall indemnify, hold harmless and defend Grantor from and
against any losses, costs, claims and actions for damages to property or injury to persons
arising out of the existence, installation, maintenance, repair or removal of any improvements to
the Easement Area made by, or on behalf of, Grantee under the authority of this Agreement, or
any other activities undertaken by or on behalf of Grantee under the authority of this Agreement.
3. That the Grantor does hereby expressly permit entry by the Grantee for any
purpose hereof upon the Easement Area without furnishing notice of said entry to Grantor.
4. The Temporary Construction Easement is granted to the Grantee only for the
purpose stated herein and for no other purpose, and the Grantee shall not be entitled to use the
Easement Area for any other purpose. The Temporary Construction Easement shall be used by
Grantee in such a manner so as not to unreasonably interfere with, obstruct or delay the
conduct and operations of the business of Grantor or any other party at any time conducted on
Grantor Tract, including, without limitation, public access to and from said the Grantor Tract.
Grantor shall have the right to construct or allow to be constructed any building, structure or
other improvements on the Easement Area, and to plant or allow to be planted any trees,
shrubs, bushes, undergrowth or other vegetation on the Easement Area, and to make any other
use whatsoever of the Easement Area, provided that such activities do not materially impair the
easement right granted to Grantee herein.
5. Any construction undertaken by Grantee shall be diligently prosecuted to
completion in a good and workmanlike manner, in compliance with all applicable laws, codes,
rules and regulations, and so as to minimize any interference with the business of Grantor or
any occupants of the Grantor Tract. All lands, landscaping and/or other improvements from time
to time disturbed within the Easement Area by Grantee shall, at the expense of Grantee, be
restored by Grantee to a condition which is equal to or better than the condition which existed
prior to such disturbance. Restoration shall include replacing topsoil, reestablishing grass
vegetation, and repairing or replacing pavement in the Easement Area. Grantee shall indemnify
and hold harmless Grantor from all damages, losses, liens or claims attributable to the
performance of work on or on the Easement Area by Grantee or its agents or employees.
Nothing set forth herein shall permit Grantee (or its agents, contractors, invitees, customers, or
employees) to use the Easement Area or any other property of Grantor for construction staging
(of materials, equipment or otherwise) or for any other purpose not expressly provided herein.
6. The easement created and established in this Agreement do not, are not
intended to, and/or shall not be construed to create any easements, rights or privileges in and
for the benefit of the general public. Nothing in this Agreement shall be deemed or construed by
either party or by any third person to create the relationship of principal and agent or of limited
or general partners or of joint venturers or of any other association between the parties.
(REMAINDER OF PAGE BLANK. SIGNATURE PAGES FOLLOW.]
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set
forth below their respective signatures, to be effective as of the first written above.
GRANTOR:
FIFTH THIRD BANK
By:
Name:
Its:
STATE OF
SS.
COUNTY OF
I, , a Notary Public in and for said County, in the
State aforesaid, do hereby certify that , who is personally known to me to
be the of Fifth Third Bank and the same person whose name is
subscribed to the foregoing instrument, appeared before me this day in person and
acknowledged that he/she signed and delivered the said instrumentas such and as
his/her free and voluntary act and as the act and deed of such corporation, for the uses and
purposes therein set forth.
GIVEN under my hand and Notarial Seal this day of , 2019.
Notary Public
(Type or Print Name)
My Commission Expires:
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FIFTH THIRD BANK
By:
Name:
Its:
STATE OF
SS.
COUNTY OF
I, . a Notary Public in and for said County, in the
State aforesaid, do hereby certify that , who is personally known to me to
be the of Fifth Third Bank and the same person whose name is
subscribed to the foregoing instrument, appeared before me this day in person and
acknowledged that he/she signed and delivered the said instrumentas such and as
his/her free and voluntary act and as the act and deed of such corporation, for the uses and
purposes therein set forth.
GIVEN under my hand and Notarial Sea[ this day of .2019.
Notary Public
(Type or Print Name)
My Commission Expires:
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GRANTEE:
CITY OF EVANSTON
An Illinois municipal corporation
By:
Name:
Its:
STATE OF ILLINOIS
SS.
COUNTY OF COOK
I, , a Notary Public in and for said County, in the State
aforesaid, do hereby certify that , who is personally known to me to be
the of the City of Evanston, Illinois, a municipal corporation, and the
same person whose name is subscribed to the foregoing instrument, appeared before me this
day in person and acknowledged that she signed and delivered the said instrument as such City
Manager and as her free and voluntary act and as the act and deed of the City of Evanston, for the
uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this day of , 2019.
Notary Public
(Type or Print Name)
My Commission Expires:
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EXHIBIT A
(SEE ATTACHED - TEMPORARY EASEMENT)
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EXHIBIT
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THAT PART OF LOT 2 CF EVANSTatI MAIN STREET CCuMONS Aesua?SVISI04. RECORDED NOVEMIIER 71, 2005 AS DOCUMENT
052753R031, CC*( COUNTY, ILLINOIS. CESCRIDED AS FCLLOWSA
oE:INNNG AT THE N0RTH%E5T CaHNEl1 cF SAIu LOT z. THENCE NORTH as cEGHEEs o9 ulY'JTEs 18 SEcoNDs EAs7 ALc45
THE NORTH LINE OF SAI4 LCT 7. SAID LINE USNC ALSO THE SoufH LINE CF uAI.4 STREET. ON A BEARINC RASED 04 THE
ILLIhCIS STATE PLANE COORDINATE SYSTEV. NAD '53 12CI1 A3JUSTMENTt, 50-05 FEETt THENCE SCUTH OD DECREES 37
WINUTES 4a SECONDS REST. 10.3: FEETt THENCE SOUTH as DEGREES 09 MINUTES 'I SECCN^S %EST. 3C.04 FEET= THEYCE
SwTH 2a MrsEEs 34 mINuTEs 47 %Eco os %EST. A3.90 FEETt THEME souTH a0 OCIMES JT wIvjTE5 as sEcauDS WEST.
49.47 FEET, THENCE SCUTH e9 CECREES o9 MINulES I9 SECONDS WEST. S.Co FEET TD THE %EST LINE r.F SAID LOT 21
THEYCE NORTH CC DEVICES 37 MIYJTES As SECONDS EAST AL040 SAID %EST LINE, SCO.01 FEET Ta THE POINT OF
BEGINNING. CDNTAINING 1.255 57JARE FEET. OR 0.325 ACRE, MORE OR LESS.
LEGAL r:ESCRIPTION - TEu:!ORARY EASEuEaT 621
THAT PART OF UT 2 cF EvAN5TON MAIN STREET CCHMONS RESIADIVIS10% REC04DE3 HavEMBER 21. 2nes AS 03COME41'
0537519031. CCO4 C01114TY. ILLI140I5, CESCRIHED AS FCLLOyS:
SECINIS*10 AT THE NC+7THEAST CCRNER OF SAID LOT 21 THENCE. SDJIN GO oE9EBS 37 MVYJTES 4B SECONDS WEST ALOsC
THE FAST LINE CF SAID LOT 2. CN A SEARING BASED DN THE ILLINOIS STATE PLANE CCO;MNXTE SYSTEM, NA3 '33 t23:I
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DECAMS 37 uDrJTES AS SECON115 EAST. 16.11 FEET TO THE NORTH LINE GF SAID LOT 7. SAID LD+E REND ALSO THE SWIH
LINE OF MAIN STREETI THENCE 43RTN as DECREES 09 M[NLTES 18 SECONDS EAST ALONG SAID NORTH LINE- 4C.04 FEET TO
THE POLST OF SEGWVING. CONTAINING 679 SOLAR£ FEET, OR C.CIG ACRE, WORE OR LESS.
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