HomeMy WebLinkAboutORDINANCES-2010-092-O-10u
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11/17/2010
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AN ORDINANCE
Authorizing the City Manager to Sell a Certain Portion of
Sewer Service, Owned by the City of Evanston
and Located Beneath McCormick Boulevard
and 2010 Hawthorne Lane, to the Abutting Owner
WHEREAS, the City Council of the City of Evanston (the "City") has
determined that it is no longer necessary, practical, or economical for the City to
retain ownership of that certain portion of twelve -inch (12") diameter, reinforced
concrete storm sewer service, identified as FacilitylD SMC_00104-B_00104 in
the City sewer atlas, thirty-eight feet (38') in length, located between the
connection to the storm sewer -main in McCormick Boulevard and the pre -cast
• concrete drainage structure, and the pre -cast concrete drainage structure in the
parkway, identified as FacilitylD SMC_00104-B in the City sewer atlas (the
"Sewer Service"), as depicted in Exhibit A, attached hereto and incorporated
herein by reference; and
WHEREAS, the City Council has determined that it is in the best
interest of the City of Evanston to sell the Sewer Service to the owner of the
abutting property,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the foregoing recitals are found as fact and
• incorporated herein by reference.
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SECTION
2: That, pursuant to Subsection 1-17-3-(B)
of the
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Evanston City Code of
1979, as amended (the "City Code"), the City
Council
hereby authorizes and directs the City Manager to sell the Sewer Service, upon
terms and conditions he deems reasonable, necessary, and in the best interests
of the City, to Marvin Kantor (the "Purchaser"), owner of the abutting property
legally described in Exhibit B, attached hereto and made a part hereof, commonly
known as 2010 Hawthorne Lane, Evanston, Illinois (the "Subject Property")
SECTION 3: That, upon Purchaser's payment of the agreed -upon
price of six hundred ninety-five dollars and sixty-four cents ($695.64) to the City,
the City Manager is hereby authorized to convey evidence of ownership of the
Sewer Service to the Purchaser,
SECTION 4: That Purchaser acknowledges and agrees that,
pursuant to Subsection 7-13-7-D of the City Code, he is and shall be solely
responsible for the maintenance and repair of the existing sanitary sewer service
for the Subject Property, the storm sewer lateral from the Subject Property to the
parkway catch basin and the sewer connection in McCormick Boulevard, said
parkway catch basin, and said sewer connection.
SECTION 5: That, within thirty (30) days of paying the City for the
Sewer Service, the Purchaser shall record, against the Subject Property and at
his cost, a certified copy of this ordinance with the Cook County Recorder of
Deeds. Purchaser shall provide the City with proof of said recordation within
thirty (30) days thereof.
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SECTION 6: That, when necessary to effectuate the terms,
conditions, and purposes of this ordinance, "Purchaser" shall be read as
"Purchaser's agents, assigns, and successors in interest."
SECTION 7: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 8: That if any provision of this ordinance or application
thereof to any person or circumstance is held unconstitutional or otherwise
invalid, such invalidity shall not affect other provisions or applications of this
ordinance that can be given effect without the invalid application or provision, and
each invalid application of this ordinance is severable.
SECTION 9: That this ordinance shall be in full force and effect
from and after its passage, approval, and publication in the manner
provided by law.
Introduced: 2010
Adopted: ,;L'I,W 10 , 2011
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Attest:
CR,crdney Greerye-",City Clerk
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Approved:
2011
Eliz th B. Tisdahl, Mayor
Approved as to form:
W. Grant Farrar, City Attorney
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EXHIBIT A
MAP
QC
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. Exhibit 1
To The Agreement Between
Mr. Marvin Kantor and the City of Evanston
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LOCATION MAP
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COG
City of Evanston Storm Sewer in GRAY.
Storm sewer to transfer to
2010 Hawthorne Ln in RED.
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0 12.5 A . . . 50 Feetl:
10/13/2010
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EXHIBIT B 0
LEGAL DESCRIPTION
ALL THAT PART OF LOT 16 LYING SOUTH AND SOUTHEASTERLY OF THE FOLLOWING
DESCRIBED LINE: COMMENCING AT A POINT IN THE WEST LINE OF LOT 16, 50 FEET
SOUTH OF THE NORTH LINE OF SAID LOT 16; THENCE EAST PARALLEL WITH THE NORTH
LINE OF SAID LOT 16, 150 FEET, THENCE NORTHEASTERLY 104.85 FEET; MORE OR
LESS, TO A POINT ON THE EASTERLY LINE OF SAID LOT, 27.78 FEET SOUTHERLY
(MEASURED ON SAID EASTERLY LINE) FROM THE NORTHEASTERLY CORNER OF SAID LOT,
ALL IN OWNERS' SUBDIVISION OF LOT 1 (EXCEPT THE WEST 100 FEET THEREOF) AND
THAT PART OF LOT 2 (EXCEPT THE WEST 100 FEET THEREOF) IN THE CIRCUIT COURT
PARTITION OF THE NW'/a OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF
THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2; RUNNING THENCE
NORTHEASTERLY TO A POINT IN THE NORTH LINE OF SAID LOT 2, 550 FEET EAST OF THE
NORTHWEST CORNER THEREOF, IN THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS.
PIN: 10-13-100-012-0000
COMMONLY KNOWN AS: 2010 Hawthorne Lane, Evanston, Illinois.
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