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HomeMy WebLinkAboutORDINANCES-2010-015-O-10• 15-0-10 2/10/2010 AN ORDINANCE Authorizing the City Manager to Execute an Amendment to the Easement Agreement With Mather Lifeways,-Inc. for Certain Easements Necessary for the Construction of the Planned Development Approved by Ordinance 5-0-06 WHEREAS, on March 13, 2006, the City Council approved Ordinance 5-0-06, which granted the application of Mather LifeWays, Inc. ("Mather") for a Special Use for a Planned Development, allowing Mather to construct and operate a continuing care retirement community at 415 Davis Street, 422 Davis Street, and 1615 Hinman Avenue in Evanston; and WHEREAS, pursuant to Ordinance 69-0-07, the City and Mather • entered into an Easement Agreement for encroachments in, over, and above the public right-of-way necessary for the construction and operation of said Planned Development; and WHEREAS, the City and Mather LifeWays, Inc. desire to amend said Easement Agreement to allow further construction of said Planned Development; and -WHEREAS, the City Council has determined that it is in the best interests of the City to amend said Easement Agreement, 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 of fact and 0 made a part hereof. 15-0-10 SECTION 2: That the City Manager is hereby authorized and • directed to sign, and the City Clerk is hereby directed to attest on behalf of the City, the Amendment, attached hereto as Exhibit A and incorporated herein by reference, to the original Easement Agreement, attached hereto as Exhibit B and incorporated herein by reference. SECTION 3: That the City Manager is hereby authorized and directed to negotiate any additional terms and conditions of the Amendment to the Easement Agreement consistent with this ordinance as he may determine to be in the best interests of the City. SECTION 4: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner Y provided b law. • P Introduced."M Qi, -,h g , 2010 Approved: Adopted: qY) aAL%-,� , 2010 �{� -� /,� , 2010 Eliz eth B. Tisdahl, Mayor Attest: Approved as to form: Aney reene, City Clerk W. Orant Farrar, City Attorney -2- 15-0-10 • EXHIBIT A r� U • AMENDMENT TO THE EASEMENT AGREEMENT -3- • • 0 THIS INSTRUMENT HAS BEEN PREPARED E3Y AND SHOULD BE RETURNED AFTER RECORDING TO: City of Evanston Law Department 2100 Ridge Avenue Evanston, IL 60201 111111141111111111 Doc#: 1009134084 Fee: $62.00 Eugene *Gene" Moore RHSP Pee:$10.00 Cook County Recorder of Deeds Date: 04/01/2010 02:02 PM Pg: 1 of 14 This space reserved for Recorder's use only. First Amendment to Tunnel. Porte-Cochere and Temporary Construction Easement Agreement THIS FIRST AMENDMENT TO TUNNEL, PORTE-COCHERE AND TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (the "Amendment") is made and entered into this 9 (� day of /'I 4 rc , 2010, by and between the City of Evanston, Cook County, Illinois, an Illinois municipal corporation ("Grantor'') and Mather LifeWays, an Illinois Not -for - Profit Corporation ("Grantee"). RECITALS WHEREAS, Section 11 of Ordinance No. 5-0-06 (the "Ordinance") states that Grantor shall grant to Grantee one or more easements in connection with Grantee's use and operation of all Right -of -Way Improvements (as defined in the Ordinance) located on property owned by Grantee. WHEREAS, pursuant to the foregoing, Grantor, Grantee, and an entity that is controlled by the Grantee and was the previous owner of the Southwest Parcel, The Georgian, an Illinois Not -for -Profit Corporation, previously entered into that certain Tunnel, Porte-Cochere and Temporary Construction Easement Agreement on August 14, 2007 and recorded with the Cook County Recorder of Deeds as Document No. 0723644036 (the "Original Agreement"). WHEREAS, the Southwest Parcel (as defined in the Original Agreement), which is legally described on Exhibit A attached hereto, is owned by Mather and currently improved with a multi -story building (the "Existing Building"). Mather will be demolishing the Existing Building (including, but not limited to, the removal of the Existing Building's foundation, the "Foundation") and constructing a new ten (10) story building in its place (the "New Building") pursuant to the Ordinance. . WHEREAS, a portion of the Foundation is located along the west and east property lines • of the Southwest Parcel. In connection with the removal of the Foundation, Mather desires to provide certain lateral and subjacent support for Hinman Avenue ("Hinman Avenue") and that portion of north -south alley (the "Alley") located between and adjacent to the Southwest Parcel and the Southeast Parcel by installing sheet piling and a secant pile wall that will be temporarily • supported by subterranean tie back anchors (collectively, the "Sheet Piling and Anchors") (i) in that portion of Hinman Avenue legally described and depicted on Exhibit B-1 attached hereto (the "Hinman Avenue Sheet Piling/Tie Back Easement Area"); and (ii) in that portion of the Alley legally described and depicted on Exhibit B-2 attached hereto (the "Alley Sheet Piling/Tie Back Easement Area", and together with the Hinman Avenue Sheet Pi)ingMe Back Easement Area, the "Retention Easement Areas"); WHEREAS, in connection with and during construction of the Southwest Parcel Improvements (as defined in the Original Agreement) (i) Grantee desires to utilize an electric tower crane ("Crane") that will be located within that portion of the Davis Street right-of-way identified on Exhibit C attached hereto (the "Crane Easement Area"); and (ii) as contemplated in that certain construction management plan prepared by Grantee and on file with the Grantor, Grantee desires to temporarily maintain a cantilevered construction trailer (the "Trailer") in that portion of the Alley identified on Exhibit D attached hereto (the "Trailer Easement Area"). WHEREAS, in connection with the use, operation and maintenance of the Southeast Parcel, Grantee desires to construct, operate and maintain utility lines (the "Utility Lines") in that portion of the Alley legally described and depicted on Exhibit E attached hereto (the "Utility Lines Easement Area"); WHEREAS, Grantor, a home rule municipality, owns and has jurisdiction over Hinman Avenue and the Alley, both of which are publicly dedicated rights -of -way located in the City of Evanston; • WHEREAS, in order to provide Grantee with the easements contemplated herein, Grantee and Grantor, pursuant to Section 11 of the Ordinance, desire to amend the Original Agreement to provide Grantee with additional easement rights, all in accordance with the terms of this Agreement; NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree to enter into this Amendment on the following terms and conditions: 1. Recitals; Defined Terms. The foregoing recitals are material to this Amendment and are incorporated herein as though fully set forth in this Section 1. Any capitalized words not defined herein shall have the meaning ascribed to them in the Original Agreement. 2. Sheet Piling and Anchor Easement. Grantor hereby grants and conveys to Grantee, its successors, grantees, agents, and/or assigns, a non-exclusive, perpetual easement in, upon, under and across the Easement Area to install the Sheet Piling and Anchors (the "Sheet Piling and Anchor Easement"). This Sheet Piling and Anchor Easement is made by Grantor and accepted by Grantee under the following terms and conditions: A. That said easement shall be for the purpose of installing the Sheet Piling and Anchors. • B. The Sheet Piling and Anchors shall be constructed in accordance with building plans to be approved by Grantor. 2 C. Upon receiving the necessary permits from the City of Evanston Department of • Public Works, Grantee shall be permitted to close certain portions of Hinman Avenue and the Alley in order to install the Sheet Piling and Anchors. D. Within one -hundred eighty (180) days after the superstructure of the New Building has been completed, Grantee will cause the tie back strands which support the sheet piling and the secant pile wall to be removed and remove the sheet piling to a depth of three feet (T) below the finished grade. E. All costs and expenses related to the construction of Sheet Piling and Anchors shall be the sole responsibility of Grantee. 3. Trailer Easement. Grantor hereby grants and conveys to Grantee, its successors, grantees, agents, and/or assigns, a non-exclusive and temporary easement in the Trailer Easement Area to install, operate and maintain the Trailer (the "Trailer Easement°). The Trailer Easement shall automatically terminate and be of no further force or effect on the date that Grantor issues a certificate of occupancy for the Southwest Parcel Improvements (the "Trailer Easement Termination Date"). Within thirty (30) days after the Trailer Termination Date and to the extent the Trailer has not previously been removed by Grantee, Grantee shall promptly remove the Trailer and Grantor shall permit Grantee to access those portions of the Alley (including temporary closure of the same) as necessary to accomplish the foregoing. 4. Crane Easement. Grantor hereby grants and conveys to Grantee, its successors, grantees, agents, and/or assigns (i) a non-exclusive, temporary easement in • the Crane Easement Area to permit Grantee to install and operate the Crane in the Crane Easement Area and adjoining City of Evanston rights -of -way (collectively, the "Crane Easement"); and (ii) a non-exclusive, perpetual easement to construct and maintain four caissons and a mat foundation for the Crane (the "Crane Foundation") within the Crane Easement Area (collectively, the "Crane Foundation Easement"). The Crane Foundation shall be constructed in accordance with building plans to be approved by Grantor. Within thirty (30) days after the Grantor issues a certificate of occupancy for the Southwest Parcel Improvement and to the extent the Crane has not previously been removed by Grantee, Grantee shall promptly remove the Crane (excluding the Crane Foundation) and Grantee shall promptly restore the surface of the Crane Easement Area to the condition that existing prior to the installation of the Crane; it being acknowledged by the Grantor and Grantee that the Crane Foundation is a sub -grade improvement and that Grantee shall not be required to remove the same. 5. Utility Lines Easement. Grantor hereby grants and conveys to Grantee, its successors, grantees, agents, and/or assigns, a non-exclusive and perpetual easement in, upon, under and across the Utility Lines Easement Area to construct, operate, install and maintain the Utility Lines (the "Utility Lines Easement"). This Utility Lines Easement is made by Grantor and accepted by Grantee under the following terms and conditions: A. That said easement shall be for the purpose of installing Utility Lines in connection with the use, operation and maintenance of the Southeast Parcel. B. The Utility Lines shall be constructed in accordance with plans to be approved by • Grantor. 9 • C. Upon receiving the necessary permits from the City of Evanston Department of Public Works, Grantee shall be permitted to close certain portions of the Alley in order to install the Water Lines. D. All costs and expenses related to the construction of the Utility Lines shall be the sole responsibility of Grantee. 6. No Liens. Grantee shall not permit any lien to be filed against Hinman Avenue, Davis Street or the Alley or any portion thereof or any improvements thereon for any labor or materials in connection with the installation of the Sheet Piling and Anchors, the Utility Lines, the Crane and the Trailer. If any such lien is filed, Grantee, at its sole cost and expense, shall cause such lien to be released or shall cause such lien to be insured or bonded over in amounts reasonably acceptable to the Grantor. 7. Damaae to Davis Street, Hinman Avenue and./or Allel►. To the extent that Grantee or Grantee's agents, employees, contractors, subcontractors, representatives, licensees, guests, successors and assigns damage any portion of Davis Street, Hinman Avenue and/or the Alley as a result of the easements granted herein and Grantee's use of such easement areas, Grantee, except as otherwise contemplated herein, shall repair (or cause to be repaired) any such damage and shall be obligated to restore the damaged portion of the affected easement areas only to the condition that existed prior to Grantee exercising its rights under this Amendment. 8. Covenants Runnina with Land. The easement, restrictions, obligations, • covenants and agreements set forth in this Amendment are intended to be and shall be construed as covenants running with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns. 9. Recordation. Grantee shall, at its own expense and within 90 days of passage of Ordinance 15-0-10 by the Evanston City Council, record with the Cook County Recorder of Deeds this Amendment. Grantee shall, promptly after recordation, provide a copy of same to Grantor's Director of Public Works. 10. Effect of Amendment. This Amendment modifies and amends the Original Agreement and the terms and provisions hereof shall supersede and control over any contrary or conflicting terms and provisions set forth in the Original Agreement. The Original Agreement, as amended by this Amendment, is in full force and effect. 11. Counterparts. This Amendment may be executed in multiple counterparts, each of which, when assembled to include an original signature for each party contemplated to sign this Amendment, will constitute a complete and fully executed original. All such fully executed original counterparts will collectively constitute a single agreement. [Signature Pages Follow] 0 IN WjTNES-$-WffE-R-EQ.F, the parties. have. executed - this Amendment as of the dates set f6r.th below. their f6tpedt'N-e signatures, to be effective as -pf'the first writt en above, GRANTOR: 'kpl;"foved as ' form CITY OF EVANSTON, to an Illinois rnunldipA corporation iK r"ration By: :G6unsel. Its: dli-r'y GRANTEE: MATHER.LIFEWAYS., an Illinois Not -For -Profit >3y: 0 ,,,. Name:. A RY L.FARY its., 5 C 0 0 STATE OF ILLINOIS } SS. COUNTY OF COOK I, ' `�e,v► L-Gh o LAHC,2 =Noa Public in and for said County, in the State aforesaid, do hereby certify that al,A) EM , who is personally known to me to be the of the City of Evanston, Illinois, a municipal corporation, and the same person Aose nanYe 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 thislwlA day of No.." .2010. Notary Public (Type or Print Name) My Commission Expires: OFRIWL SEAL. ELLEN L BOMIfICZ- • NOW PtJM W•SWEOFLLWW WOMIAM NE>WiESOif� W • C STATE 65 !LLINOIS COUNTY OF S.S. -e &tip A-1-L Notary. S f -, a Nota - Public in and for said County, in the State aforesaid. do hereby certify t .1 who is personally known to me to C;_ Illinois not -for -profit. corporation, and the be ttye ?M 5 _0 of Mather LifeWays, an Illin. same person whose neinle is subscribed to the- foregoing instrument, appeared before me this fire 6 �,4roday .in person and -ackrvowfadqi�d that. she signed and de.'rivered the said instrument as such k-- +CC-0 and as bprfrpe and voluntary art and as the* act. and deed of such corporation,. for the uses and purposes therein get. forth. GIVEN under my hand and Notarial Sea] this a ,I-'tdav of (ha rcJ, 2010. Not -(f j —Pub. I I C- (Type or Pffiff Name) My CothMissibh- 85cpiir6s, W G &RE ANN PJ GS OFMCIAL My CoMmsSJON WAS ..T$- FERUMY 22,2012 OF 7 0 0 E EXHIBIT A LEGAL DESCRIPTION OF SOUTHWEST PARCEL THE NORTH 17 FEET OF LOT 10 AND ALL OF LOTS 11 AND 12 IN BLOCK 25 IN THE ORIGINAL VILLAGE OF EVANSTON, A SUBDIVISION OF PARTS OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN AND OF SECTIONS 7,18 AND SECTION 19, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. rajQ • 1 I- tf -`AO�- ©off • A-1 • • 7MM, tl" � ice. •I ��.L•--.._._ SCALE 0 30 80 P.O.B. DAVIS STREET ° MPl11 ALLff S [1is PiuAc ;1 r•• � _ /�'� /.F •�l30{I3(fAt-IIRII•.WJl4lMJi':H,FETPILWO Nio TT0K4AMD10R i. ,_. _�_ .i? ��.. _ _ _ __ - "`-'��'.. _ e 5T1•71' its w� 6tSEY•.7iT I; .'• _+_ _ __ _ _ t _ems..._. �qCr.." 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Ewmitr DE-"Auc RtE-A SIEETPD9(sto4m NY TMATMRT w ItlE 24EODYPIb'li: ALLEY t]1tfG EASTEYLYOFIDTS lq 17 •' ..'..,....... ,LYD u4Y EIALlC25k\TIEEl7R'GRlOL Y1WCEO.+tyP161DItA EASY GFTHEDWFRIDFSECII�YME&WA143OFV+l AORTH 180 IT ' iI•-E EAST CFTNETi/Rp FWNLIPAL ItERDS1ARAIJa DFSFLIIOId ). 1PAE1 ___ _....... ._�+� acn'-vacs SEC4I(SY 1R 1L7lICfII>.1 uOATIt PAEiGE (4 E'sT OFTNE ThIFD PANEJP,{r Fi' MERIDWr.V1CCOC 03MMY. 11.11MIM D1SONS$r AS FOILMS: EFOIIP11,1$AT'RIEA'T]4RTION OFTHE WESTERLY lDEWYIIF h13LIC ALLEY AND THE SOWI]ERLr LIFE OF VAVIS SIRQ'n I)WJCE SOLRM)I MGKEES LO MIIJUT FS %5MVJis CAST. A.DPIG SM MUT ERY LESC SAID /.Do'' • :a zS p " PW YKMjM St711M tE DCV.tE:S0M JTE,33 ECOSDs \YG"T, PAAAt1Et bi•!'ri E N�` w(MNJDY+ESTERLYUK5,ISO.L/FEE14TEE�L"krFHM71DE6 ESV �:, ��-� - rJFRIIES TJ SELDNUS V+ESP PEREEEIOWULAR TOTES IAST MCKIHED MY. ILCD FEETTO SAID1Y:57-cP,l41.U:E:TrEE,Cfi FART111fl L'ECuTEE591MlnVfa 3)ffCCAbS EgSE. 1EONG 5F1D1YEf1Eur (wE. tEgt6EEETm T1(Z PC^,ME C '3);i DFesaNwNc.u,coorcaurm,IwMDu. 0 REVISEMOvoa/10 g Y— m I w 0 ld SCALE V 20' ....................... ................. ... ....... s PA.& o 60 DAMS STMET MLI I LL' 2E iP m . ......... .. . THAT MTCfMalOnfOOYVJ"HU#IAHA%*I;U'AfI HT -a -WAY m Till 0;, E&SIBLY limb" nusAwfue smimimmA 94 uj la vi P"I"fr, AI UAVEMERIROJOATTHZIMMEMYHOOW149 LOT 12• MURIVS4W.MV1RUCJUWMFSDT,WMOtGSAW W" r II, 2.";",= V lk 19 DEL -AEES 49 Ilufules 37 $=KW EAST, PAMUEL VIMI SAID EM UNE. V*5WAY c(ligaros OPUMUTRElity LIM cr 50UTH71MREM USI. S.F. "W4610",= FEET 70,n4rPoijr07 A i Rim mmic AM muwm 5— MA'. IM S.F. LOT 11 SIMI THjTF%lrrOF rlt 7AxorFu%WAtLeTLWtG UWUMYtWLM IIXII APO lltfdiLOCK25M,"�OFOWLALVIUAGEOPEVAtSMIA 'P41 WRyttWaM 13 OF RCr" U TD`WM EAST OFTHETHIROPRIKIPAt MIERIDIANAM)OFSEM0147, 43 NO sEcncN le. j&.w511)qt IMTK RM)GE 14 WT OF T14E THIRD KIM MPAL It, A"YAND THE SDintr OF SIT�gEtIlwAceSOWN 71 IS 56= ASZIS W-KM t4 Hit IU IS SOUTIMY t.&M \_fs ECONSS PxSALLEL WITH LUXISFEM THENCENORT" It OEM LOT 10 5,40q NOIUIPi se=0SNZ5F;PftFWM"AA WINE LAITOWRISM Wit, IFOMWIl L MOXV07TO Ifit PaW OF BOrUMN4. III COOK MOM- WHOM N to • z w w W z U 0 tZ W w z z In •I � _.ter. ,#1_,_ �.-; � O Lu _ — _..__.._.._.t`�r` •\ SCALE 1" 20' . -- 0 20 DAVIS STREET IL m s e n r AREAt 40 .F. g EASEMENT 22.0w p 22.08' to fmy I" of a4vu 11mr / NT144'67" k ctTATJE EASEMENT ---------------- MIN a •9 � n E7[HISIT-C u,c a nMMIr Lt[�ILt CRANE EASEMENT DESCRIPTION - ti �[.stm. THAT PART OF THEW FOOT W10C DAVIS STREET RLG4T-OF4WAY W THE �ne °O'JTH'-AST QUARTER OF SECTION IB. TONNSHIP 41 NORTH.IRMOE I4 FIN61 OF THE THIRD PRINCIPAL MRIM i, LYING ASMS THE BOYTCW 3 VERTICAL PLANE OF EIIEVATION S4-WCET 1OASIZOONCIIY OF 'Q EVANSTON BaICHMAKSN411; ,U2"WilENT ATTHE NORTHArEST CORNER OF GRE84LEAF AND CHCLWO, ELEVATION %24o-71-DESCRIBED � AS FCLLWX.' m W CDLILIENGU:O AT TIIE DIT5RSECTION OFFT116 EASTERLY LIM OF 4 IIINIAAII AVENUE AND THs SOUTHCRLY IMOF SAID DAAS STREET SSSXE THENCE SCUT1471 DEGREES 14 M14UTES ST SECOHOS EAST ALONOAN mSUAIED GEARING. OEING TILE SOUTIrESLY LIM OF SAID 0"15 STREET AD.52 FEET TO THE POINT OF (T_QNNIMS. THENCE NORTH 18 DEGREES 46 PAVEITES IS SECONDS EAST. PERPFNOICULAR TO THE LAST LESf:RISfD LWF 16,7PEET. THRICE SOUTH 71 DEGREES 14 ;...... - .•..... 6LUNJTES b7S ONAY3 EAST, PJR4LLf:LWIHSALDSOONLERLYLNH* n 224J FEET; THOICE SOLM410 DEGREES 4S MINUTES 07 SECO1.'OS � VIEBT. PERlelLACULAR TO THEUST DESCRIBE ME. 15 DT PER TO •• ;: ^o SmO SOU WALY 04e TW-WE NORTH 71 DEGREES 141.1.4UTE35? o S_COk06 WEST. ALONO SA)D SOUTH:MY LIIL"-. 22.04 FEET THE POINT OF BEOI:N UG, IN COOK GCLIILTY. ILLINOIS ',Si!Il4 E�L1_INC titi_ U • r� U EXHIBIT D TEMPORARY TRAILER EASEMENT AREA DAVIS STREET f,VfsST8ECifT. 9i [ DAY SCALE Err • 20• D 20 40 LOT 12 EP'ILIC'ULEYY LOT 1 E"E9l. LQC P7 FOLIC AUEV ( f11EA flow 1 fuAmT 078S19 tlw EJSEtEW JAEATo01 S.F. Q a LOT 11 LOT 10-/ EIOiFJlTo 1f1i8t3tEh�JT1:7ErroevlrcofsTPJleaalEassawr nev PART'OFTIIemFaoT rrEax.AUE�'EfYiGEl61EVU'GF Ems te, u lJ.0 12 UiEU7D!:f Rtn1EORG0Sll. VNl.^� W l3rh+K7W,A fEC7TRflON OrPAk75CF 3CrtON Li TOY7SlI1Pi! MCRifI, 0aN3 >3 Easy orT1e Y!oroParw.+uat7+muNJaaoFsarsors7. Ee cJ�v !r1;{TIOq f9.'RXh4�f> �t.�W1t P1JJ^iE f4E/tf'W nOTNpDM1DitlVi PGOCIIh@ CYfiGAGWEIFY OC?SOMOFtfiCli P1NE OFa_NA71WE rf7.70 FEGiA�DLcU7h'TJ7CP VH;QCALPLi760FEL9i1T10N �18'A FEET Mk'WOVW CRY OF &A\SM1oaY.KVW W115: NOVMWl AT 7Fiti CDfJ.S:Q%!}FfiOEf�L4iLAfANDCFDCOTLawxnor •24473 _ Dl 4: G31tRY, LL1tA^S„ CESU116EDJSFi%EO7F,':. QR, rJDIt�ATn1EIIJf[35BL7KY't CFT[KSTDLYl11F WT[Fl= JJJEYahDYFE5DUDiBi1.Y t?E CF LXtiySiT.El:�`LEfO'Jf117J CEGPf.611 NDiREs 95 g117iD661S� AIESiwW3)fOUDfAEY Ui[ tlt01 F�TYif Y1E WSMV UtE O°StiD?16t7C JULM, 11iNfE kkfilt JB OC'1Ei Ci 5019tJ1IC5S5lCCtQ.'O KFST, HOAGSAD EAaTJ1.YUnP 15a191f3T, 7N911E NOP.'M 71 RiAE6P.:+C.WtFS SISTIIISJ9 KEST. D[ASFIidCIkAR TQ7}IE IASf DLSCpt»UtJ2,20Aof&TTahE '4T"TE1+iY ll\OF54rD pU1ECFLJ:Y; NCiO�t[M.1t1 lB0:L9EE550 !Nl7KWCFRWN&r,lAtta+=ftY,'TL'EYM 150.18F�YY0 nxPrfNroEPecfwar fNcxxax.:m, DJ7tans. 7 _ .............. LOT 3 moor dQO1M}I In, rcLid1 Nf.P�nR(%�a bttnnllit4tainduw-vn �'y�i YtIN� Rom=r4,M4Qb 001E EM PND110: 047) 696- 060 F= PO) 69"M IM IDXM 1010009 I It4ENACIEl9:IF1854J1MI'JOB H013686.03S 2 REVlsmr V07/10 EXHIBIT D —TRAILER EASEMENT & TEMPORARY CONSTRUCTION EASEMENT THE MATHER SOUTH EMANSTON, ILLUMIS Am EXHIBIT E PERMANENT UTILITY LINES EASEMENT AREA P.O.C. NORTH d SOUTH PUBLIC ALLEY UTILITY EASEMENT SOUTHERLY LINE J OF DAVIS STREET 0 LOT 12 M DAVIS STRW P.O. B. Q NORTH PUBLIC ALLEY UTILITY EASEMENT 10.00E N18.50'33"E CA 00 o LOT 11 L7 EASTERLY LINE OF PUBLIC ALLEY 20.00' 1.14'56'E LOT 1 .10.00E S18.50'3311( �— NORTH PUBLIC ALLEY UTILITY EASEMENT AREA: 200 S.F. LOT 2 r SCALE V - 20• 0 20 4.0 20, OD, OFS UBIL.iCLALLEY�`'� S71.14`56'E SOUTH PUBLIC ALLEY P.O.B. UTILITY EASEMENT SOUTH PUBLIC ALLEY�r UTILITY EASEMENT AREA; 288 S.F. Y...-•---- N18'SO'33"E �18.50'33"Y LOT 10 O14' NT1 56"R LOT 3 74.co• 19V= E-VQWH PV8UC A11EY UTILITY EASEMENT THAT PART oPTHC 20 FOOT PUOLIC ALLEY LYING FJSTERLY OF LOTS 10, 11 AHO 32 IN SLOG: 25 IN THE CAUZHAl VTLIAu`c OF EVAHSTON, A SUDDIYISION OF PARTS OFS5MON 13, TOWNSHIP41 NORTH, RANGE 13 EAST OFTHE THIRD PRINCIPAL ►IERIDIAN AND OF SECTIONS 7, 18 ANO SECRON 19, TOWNSIW 4t HOKft PAMGC 14 CAST OFTHE THERD PRINCIPAL VISIDIAN, Rl Cook COUNTY, 0UINW, VESC iISED IS FOLLOWS: =*fMC17av ATTHE I117EASCCTTON OF TIE WCSTEALY LINE OF THE PUBLIC ALLEY PND THE SOUIIERLY LINE OF DAVIS STREET, THENCE SOUTH IS DEGREES $0 MIPRTES 33 SEODN06 Vral, a.OHG SAID MMP.LY I.M.F. 43.37 FCETTO THE PORT OF 8EGINNWG; TI tWCE SOUTH 71 DEOL=S I4 MINUTES 56 S=ND5 EAST, PARALLEL WITH SAID SOUTHERLY LINE, 20.0 FEET To MIF; .180-YLINE OF THE PUBLIC ALLEY, 11(ENCE SWIM 10 DEGREES S3 VMTES 33 SECONDS MZT, ALONG S410 E,KTERLY U NE-, 50.00 PE ME TI@ACE HOP.YH 71 DEGREES 1410=6 56 SCCONOS WEST, PARAL1tl. WITH SAID SOUTHERLY UNE, 201HD LEE$' TO BRIO WESTERLY LINE; T HIDE NORTH 18 DEGREW-0 MINUTES 33 S10945 EAST, ALONG %D WIESIERLY UNE„ 14100 FEET TOTHEPOINTCIF CEG1*41 ,INCOOKCDL M. IWUIll ?! 14HarnaeHw.Hreean�na:HA<✓4[a7 9575 W. Waoi d Road SL& 700. mm ROTORION. (Rn0i1 bODlB PAone: (847) 6964060 Pox 18d)} 6964065 M r DATEH OV08110 E110,3686.03S f E%NI01T 9-SOUTH PODLS ALLEY UTTTITY EASEMENT THAT PART OF THE 20 FTX7T P)JId2C ALLEY LYING EAS7,.'RLY OF LOWS 1Q, 1 I AND 1211i BLOCK 2S III THE CRiwAAL VILLAGE OF BVANSTON. A SUBDMSIOA OF PARTS OF SECTION 1% TOWMIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN AND CO SECTIONS 7. 10 AND 9ECTON 19, TOYAH9HIP 41 NORM, PANGS 14 EAST OFTHE 7MD PRINCIPAL MEROTJAN, 8N COOK COUNTY, ILIITi015, DESCAIDED AS FOLIONS: COMJLFII m ATTiff I"YERS- ,T70H Cl. SHE WE.'TISJy LDIE OF THE I m TC AU.V AND THE SDUTTHE•8LY UIII. OF DAMS STREET; THENCE SOUTH 38 DECREES SO MINUTES 33 SECONDS Wi5i, ALOAG SAID WESTE LY LHIE, 124.44 FLEA TO Tit- POINT OF BEGINNING; THENCE SOUTH 7L DWRES 14 NINVTES 50 SECONDS EAST, PARAIICL WMI SAD SOUTIVRLY LINE, 20.00 FEET TO THE EASTERLY UNE OF TI•E PUBLIC ALLEY; THENCE SOUTH 18 DEGREES 50 MINUTES 33 SECONDS ATST, ALONG SAID EASTERLY UNE, 14.42 FEET, TLEtiCr NORTH 71 DEGREES 14 INUTES 56 SECDRDS WEST, PARAUEL VMH SAID EOU►MIN LINE, 20.00 FEET TO FAIR WFSTMY IMPTHENCE NORTH 16 DEGREES 50 MINUTES 33 SECONDS EAST. Al".* SAID VPSTiHLLY UN14.42 FE E7TC THE POIHTGF BHa WXG, 91 COOK COUNTY, ILUNDiS. EXHIBIT E - PUBLIC ALLEY UTILITY EASEMENTS THE MATHER SOUTH EVANSTON, IWNOIS • • • 15-0-10 • EXHIBIT B • • ORIGINAL EASEMENT AGREEMENT �4- THIS INSTRUMENT HAS I�IIIIIIIIIIIIIIII I Illllllllllll�lllllllll • � , BEEN PREPARED BY AND SHOULD BE RETURNED Doo#: 0723844036 Fee; $60,00 AFTER RECORDING TO: Eugene "Dene"'Moore RHSP Fee:sio.00 Cook County Reoorder of Deeds Date: 08/24/2007 12:02 PM Pg: 1 of 19 City of Evanston Law Department 2100 Ridge Avenue Chicago, IL 60201 This space reserved for Recorder's use only. Tunnel, Porte-Cochere and Temporary Construction Easement Agreement THIS TUNNEL, PORTE-COCHERE AND TEMPORARY CONSTRUC11ON EASEM NT AGREEMENT (the "Agreement") is made and entered into this � r day of "f , 2007, by and among the City of Evanston, Cook County, Illinois, an Illinois muni ipal corporation ("Grantor"), Mather LifeWays, an Illinois Nat -for -Profit Corporation ("Mather") and The Georgian, an Illinois Not -for -Profit Corporation ("Georgian", and together with Mather, "Grantee"): RECITALS • WHEREAS, Grantor, a home rule municipality, owns and has jurisdiction over Davis Street, a publicly dedicated right-of-way located in the City of Evanston ("Davis Street"); WHEREAS, Georgian is the owner of properties commonly known as 400 Davis Street (the "Southeast Parcel") and 422 Davis Street (the "Southwest Parcel") and Mather is the owner of properties commonly known as 415 Davis Street (the "Northeast Parcel") and 1615 Hinman (the "Northwest Parcel", and together with the Southeast Parcel, the Southwest Parcel and the Northeast Parcel, the "Subject Property"), located in the City of Evanston, County of Cook, State of Illinois, depicted on Exhibit A-1 attached hereto and made a part hereof and legally described on Exhibit A-2 attached hereto and made; WHEREAS, Pursuant to Ordinance No. 5-M6 (the "Ordinance"), Grantor authorized Grantee to redevelop the Subject Property and construct a continuing care retirement community which shall consist of, among other things, (i) independent living units and underground parking spaces on the Southwest Parcel (hereinafter, the "Southwest Parcel Improvements"}; (ii) independent living units on the Northwest Parcel and underground parking spaces on both the Northeast Parcel and Northwest Parcel (collectively hereinafter, the "North Parcel Improvements"); (iii) a subterranean tunnel and ancillary utility facilities below the Davis Street which will connect the North Parcel Improvements and the Southwest Parcel Improvements (the "Tunnel Improvements"); • and (iv) two porte-cocheres to be partially located above Davis Street and one which will serve the Southwest Parcel Improvements and one which will serve the North Parcel • Improvements (the "Porte-Cochere Improvements", and together with the Tunnel Improvements, the "Right -of -Way Improvements"). WHEREAS, in order to construct, maintain and operate the Right -of -Way Improvements Grantee desires to receive certain easement rights from Grantor and Grantor desires to grant such easement rights to Grantee, all in accordance with the terms of this Agreement; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to enter into this Agreement on the following terms and conditions: 1. Recitals. The foregoing recitals are material to this Agreement and are incorporated herein as though fully set forth in this Section 1. 2. Tunnel Easement. Grantor hereby grants and conveys to Grantee, its successors, grantees, agents, and/or assigns, a non-exclusive and perpetual easement (the "Tunnel Easement") in, upon, under and across that portion of Davis Street that is legally described and depicted on Exhibit B-1 and Exhibit B-2 attached hereto and made a part hereof, to construct the Tunnel Improvements (including the installation of all necessary shoring in the areas identified on Exhibit B-1) and to operate and maintain the same. This Tunnel Easement is made by Grantor and accepted by Grantee under the following terms. and conditions: A. That said easement shall be for the purpose of operating, maintaining, • inspecting, repairing, or removing a subterranean tunnel (and ancillary facilities). B. The Tunnel Improvements shall be constructed in accordance with building plans approved by the Grantor. C. The Tunnel Improvements shall be operated, maintained, and repaired solely at Grantee's expense and in such a manner that the surface of Davis Street shall be usable and safe for the passage of pedestrians and vehicles and shall not be disturbed by the presence of the completed Tunnel Improvements. Upon receiving the necessary permits from the City of Evanston Department of Public Works, Grantee shall be permitted to close Davis Street and perform any excavation of the same in connection with any repair and/or maintenance work required by Grantee to operate the Tunnel Improvements. D. Should Grantee, at its election, wish to permanently cease operation of the Tunnel Improvements, Grantee shall, at its sole election and upon advance written notice to Grantee, either (i) continue to maintain the Tunnel improvements and abide by the terms of this Agreement; (ii) abandon the Tunnel Improvements in place and fill in the tunnel in such a manner that the surface of Davis Street shall be usable and safe for the passage of pedestrians and vehicles and shall not be disturbed by the presence of the abandoned Tunnel Improvements; or (ii) remove the Tunnel Improvements, in which case the total cost of the removal of the Tunnel Improvements shall be borne by Grantee and Grantee shall complete the removal of such Tunnel Improvements in accordance with specifications approved by the City of • Evanston Director of Public Works. Grantee shall obtain all required permits necessary to repair and/or remove said Tunnel Improvements and shall do so at its own expense. • E. On the date that Grantee closes Davis Street in connection with the construction of the Tunnel Improvements, Grantee shall send a written notice to Grantor confirming the same (the "First Notice"). Grantee shall complete construction of the Tunnel Improvements and shall restore the surface of Davis Street to the condition which existed prior to such construction (collectively the "Total Tunnel Work") within six (6) months of the date of the First Notice, subject to Force Majeure (as defined below). In the event Grantee has not completed the Total Tunnel Work by the end of such six (6) month period, Grantor shall be permitted to send a written notice (the "Second Notice") to Grantee stating that Grantee must complete such Total Tunnel Work within forty-five (45) days of receipt of the Second Notice. If Grantee has not completed the Total Tunnel Work within such forty-five (45) day period, Grantor, upon written demand to Grantee, shall be permitted to collect a per diem fee from Grantee in the amount $150.00 for each day beyond such forty-five (45) period that Grantee has not completed the Total Tunnel Work. As used herein, the term "Force Majeure" shall mean labor disputes, acts of God, moratoriums, war, riots, insurrections, civil commotion, a general inability to obtain labor or materials or reasonable substitutes for either, fire, unusual delay in transportation, severe and adverse weather conditions preventing performance of the Total Tunnel Work, unavoidable casualties, unforeseeable acts or failures to act by any governmental entity, quasi -governmental entity and/or utility company or their respective agents or employees (including but not limited to the failure to instail utility improvements), unforeseeable governmental, quasi -governmental or utility company restrictions, regulations or controls including the inability to obtain the necessary approvals necessary to complete, among other things, the Total Tunnel Work and delays caused by the breach of this Easement Agreement or default under this Easement Agreement by Grantor. • 3. Construction of Tunnel Improvements. Grantor hereby grants and conveys to Grantee and Grantee's contractors, subcontractors, agents, employees and representatives, a non-exclusive temporary construction easement ("Temporary Construction Easement") to enter in, upon, under and across that portion of Davis Street that is legally described and depicted on Exhibit C. attached hereto and made a part hereof for the purpose of and to enable the construction of the Tunnel Improvements. All costs and expenses related to the construction of Tunnel Improvements shall be the sole responsibility of Grantee. The Temporary Construction Easement shall terminate on the date Grantee completes construction of the Tunnel Improvements. 4. Porte-Cochere Easement. Grantor hereby grants and conveys to Grantee, its successors, grantees, agents, and/or assigns, a non-exclusive and perpetual easement (the "Porte-Cochere Easement", and together with the Tunnel Easement and the Temporary Construction Easement, the "Easements") in, upon, over and across that portion of Davis Street that is legally described and depicted on Exhibit D attached hereto and made a part hereof, to construct, operate and maintain the Porte-Cochere Improvements on the south face of the North Parcel Improvements and the north facade of the Southwest Parcel Improvements. The Porte-Cochere Improvements shall be constructed in accordance with building plans approved by Grantor. 5. Easement Fee for Right-of-Wav Improvements. In consideration of the • Easements granted herein, Grantee shall pay Grantor an annual easement fee in the amount of $125,000.00 (the "Easement Fee"). Grantee's obligation to pay the Easement Fee shall commence thirty (30) days after the issuance of a certificate of occupancy for the Southwest Parcel Improvements (the `Initial Payment Date") and shall continue for so long as Grantee is operating the Tunnel. Improvements. The Easement Fee shall cover the twelve (12) month period immediately following the Initial Payment Date and each successive period of twelve (12) calendar months. Grantee shall have the right to pay the Easement Fee In quarterly installments of $31,250.00. 6. General Provisions. A. Indemnification. Grantee shall indemnify and hold Grantor harmless from and against any and all losses, damages (including damage to the subsurface of Davis Street as a result of the construction and operation of the Tunnel Improvements), claims, injuries, deaths and costs. or expenses caused by, arising out of, or alleged to arise out of this Agreement, including but not limited to reasonable attorney's fees. B. Insurance Provisions. Grantee shall maintain in full force and effect during construction of the Tunnel Improvements and Porte-Cochere Improvements the following insurance coverage: L Commercial General Liability insurance including coverage for bodily injury (including death), operations of Grantee, and limits of liability coverages in the following amounts: (a) $1,000,000 general aggregate (other than products -completed operations); (b) $1,000,000 products -completed operations aggregate limit; (c) $1,000,000 personal and advertising injury limit per claim; and (d) $1,000,000 primary • liability per claim limit. Grantor shall be listed as an additional insured under said policies. ii. Commercial auto liability insurance covering Grantee's owned, hired, borrowed and non -owned vehicles, with limits of liability coverage in the amount of $1,000,000 primary combined bodily injury and property damage liability per claim and aggregate limit. iii. Workers compensation insurance with respect to all of Grantee's employees and officers, regardless of whether such coverage or insurance is mandatory or merely elective under applicable law, with limits of liability and coverage as required by applicable law. iv. Employer's liability insurance with limits of liability coverage of $1,000,000 each accident, $1,000,000 each employee -disease, and $1,000,000 policy limit -disease. v. Excess or umbrella liability insurance in an amount of $2,000,000 per claim and aggregate. The general contractor completing the construction of the Tunnel Improvements and Porte-Cochere Improvements shall also maintain in full force and effect throughout construction of said improvements commercial general liability insurance including coverage for XCU (explosion, collapse and underground), bodily - injury - (including death), operations of Grantee, and limits of liability coverages in the following amounts: (a) $1,000,000 general aggregate (other than products -completed operations); (b) $1,000,000 products -completed operations aggregate limit; (c) $1,000,000 personal and advertising injury limit per claim; and (d) $1,000,000 primary liability per claim limit. Grantor shall be listed as an additional insured under said • policies. C. No Liens. Grantee shall not permit any lien to be filed against Davis Street or any portion thereof or any improvements thereon for any labor or materials in connection with the construction and/or operation of the Right -of -Way Improvements at the direction or sufferance of Grantee. if any such lien is filed, Grantee, at its sole cost and expense, shall cause such lien to be released or shall cause such lien to be insured or bonded over in amounts reasonably acceptable to the Grantor. D. Notice. All notices required to be given under this Agreement shall be in writing and shall be given by United States mail or by United States express mail or other established express delivery service (such as Federal Express), postage or delivery charge prepaid, return receipt requested, and addressed to the person and addresses designated below. If to Grantor: Director of Public Works Evanston Civic Center 2100 Ridge Avenue Evanston, IL 60201 with a copy to: Law Department Evanston Civic Center 2100 Ridge Avenue Evanston, IL 60201 If to Grantee: Mather LifeWays, Inc. • 1603 Orrington Avenue, Suite 1800 Evanston., IL 60201 Attention: Mary G. Leary with a copy to: DLA Piper US LLP 203 North LaSalle Street, Suite 1900 Chicago, iL 60601 Attn: David L. Reifman The person and address to which notices are to be given may be changed at any time by either party and by written notice to the other party. All notices given pursuant to the Agreement shall be deemed given upon receipt. E. Covenants Runnino with Land. The easement, restrictions, obligations, covenants and agreements set forth in this Agreement are intended to be and shall be construed as covenants running with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors and assigns. F. Severability. If any provision, condition, covenant or other clause, sentence or phrase of this Agreement shall become null and void or illegal for any reason, or be so held by any court of competent jurisdiction, the remaining provisions hereof shall remain in full force and effect. G. Amendment. This Agreement may be amended and modified only by a • written instrument executed by the parties hereto. • H. Entire Agreement. This Agreement contains the entire agreement between the parties hereto; no representations, inducements, promises or agreements, oral or otherwise, between the parties not embodied herein, shall be. of any force or affect. 1. Recordation. Grantee shall record this easement at its own expense within 90 days of passage of Ordinance 69-0-07 by the Evanston City Council. Grantee shall, promptly after recordation, provide a copy of same to Grantors Director of Public Works. J. Counterparts. To facilitate execution of this Agreement, this Agreement may be executed in multiple counterparts, each of which, when assembled to include an original signature for each party contemplated to sign this Agreement, will constitute a complete and fully executed original. All such fully -executed original counterparts will collectively constitute a single agreement. [Signature Pages Follow] • 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: CITY OF EVANSTON, an Illinois municipal corporation By: _ a. at",-Q / Na e41 Its IV f, e- GRANTEE: MATHER LIFEWAYS, an Illinois Not -For - Profit corporation By: 1"NA1 YLO', II Name: rn�s: m" tFPQ% Its: ?tAonrdGnf d CPO THE GEORGIAN, an Illinois Not -for -Profit corporation By: IMOA.. Yk./i/LU Name: rlt'Rv _� �1 Its: P, e 61"!f 9n . d c..Fn • • • • STATE OF ILLINOIS ) SS. COUNTY OF COOK ) a taro=1icin for said County, in the Stat�foresaid,do ' 'y ceR' ify that (4-who is personally known to me to be th f the City of Evanston, Illinois, a municipal corporation, and the sam person hose 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 /�ay �2007. OFFICIAL SEAL JEAN T. SPEYER WWKVX, STATE OF IlLOW 111YCOMMISSION EXPIRES 8520111 • 0 TL--At Notary Public ' (Type or Print Name) My Commission Expires: STATE OF ILLINOIS SS. COUNTY OF C,00x ) I, P nri JL\� i , rna Notary Public in and for said County, in the State aforesaid, do er by cgrtify that MR1 1-P,� C11 ,who is personally known to me to be the R�-e'&N I CL-t7 of Mathar LifeWayd, an Illinois not -for -profit 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 Pr�-� and as 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 _a__ day of Q ( )Yt"T . 2007. Pnnrt 1 I Notary Public (Type or Print Name) My Commission Expires: ,--(-y 11 STATE OF ILLINOIS t•1-0 COUNTY OF � OFFICIAL SEAL ANNA WYPYSKI NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRE9-09/20/09 I, �lnr����\fl a Notary Public in and for said County, in the State aforesaid, do refjy,certi that fl` 1f�1 ep 1� who is personally known to me to be the of Thel Georgian, n Illinois not -for -profit 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 Pci r— nd as 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 -1�(i )'�!T , 2007. ,qnncv, 1, )yp-� =t` Notary Public (Type or Print Name) My Commission Expires: �tic, l L� t OFFICIAL SEAL ANNA WYPYSKI NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES-09120/09 • • • EXHIBIT A DEPICTION OF SUBJECT PROPERTY ANN • • 21Y Agel MiHEAST I PARCEL FTH�As� c EXHIBIT A-1 LEGAL DESCRIPTION OF SUBJECT PROPERTY PARCEL 1: LOTS 1, 2 AND 3 IN HARVEY T. WEEKS RESUBDIVISION OF LOTS 10, 11 AND THE SOUTH 43 FEET OF LOT 12 OF BLOCK 21 IN THE VILLAGE OF EVANSTON IN SECTIONS 13, TOWNSHIP 41 NORTH, RANGE 13 AND 7,18 AND 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPLE MERIDIAN, IN COOK COUNTY, ILLINOIS PARCEL 2: LOTS 6, 7, 8 AND 9 IN BLOCK 21 IN THE VILLAGE OF EVANSTON IN SECTIONS 13, TOWNSHIP 41 NORTH, RANGE 13 AND 7,18 AND 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPLE MERIDIAN, IN COOK COUNTY, ILLINOIS PARCEL 3: THE 5 FOOT NORTHEASTERLY VACATED ALLEY ADJOINING THE EAST LINE (EXCEPT THE NORTH 20 FEET THEREOF) OF LOT 6 IN THE VILLAGE OF EVANSTON IN SECTIONS 13, TOWNSHIP 41 NORTH, RANGE 13 AND 7,18 AND 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPLE MERIDIAN, IN COOK COUNTY, ILLINOIS • PARCEL 4: • THE 5 FOOT NORTHEASTERLY VACATED ALLEY ADJOINING LOTS 7, 8 AND 9 IN THE VILLAGE OF EVANSTON IN SECTION 13, TOWNSHIP 41 NORTH, RANGE 13 AND 7, 18 AND 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPLE MERIDIAN, IN COOK COUNTY, ILLINOIS PARCELS: THE NORTH 17 FEET OF LOT 10 AND ALL OF LOTS 11 AND 12 IN BLOCK 25 IN THE ORIGINAL VILLAGE OF EVANSTON, A SUBDIVISION OF PARTS OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPLE MERIDIAN AND OF SECTIONS 7, 18 AND SECTION 19, TOWNSHIP 41 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPLE MERIDIAN, IN COOK COUNTY, ILLINOIS PARCEL f: LOTS 1, 2 AND 3 IN BLOCK 25 IN EVANSTON IN THE SOUTHEASTERLY FRACTIONAL QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPTING THE SOUTHERLY 60 FEET OF THE EASTERLY 103 FEET OF LOT 3 AND EXCEPTING THAT PART FALLING WITHIN THE SOUTHERLY 42 FEET OF THE WESTERLY 46 FEET OF THE EASTERLY 149 FEET OF LOT 3) IN COOK COUNTY, ILLINOIS n U EXHIBIT B-1 TUNNEL EASEMENT • • • • • BAP it41lft6.w["`iSPr LU fi W G - - - p- -6YM -- - -- - - ---- -A--- 1, Il N u1l SCALE 1" - 20' .' .. .. a, z LU 4npQTA��4fgYf 1?4,3? S'f�*ST 0 20 40 ri ., mf,,. .n I z UJ Q IEz" �i 1 SECflON A,A Z t4E4i t�ttS if NOT TO SCALE ob rL �u ARTTUEAr 1NNEL .122 EgASEME S F.NT / 'r ; /' 0p9 5''F ' m W J / T s� ff 1, FE A4r� TR[f 10 / /y ic� IOMIYlIFASFTIFNI A,ryr��t,�s%,�,�,��` - g � TIUT 7/MT Or ME ATOM WIPC OAT155TMANTRIOR.OF-WATPITIK f%4fn RiST QUA mIt OF'_[CT1oI, I*, mmrSIIII Yl lto4T11, tiny 11 [L•T 7 (, o.'ME TIM rII:IKFLL—;OW4 ITP:Q A.T le AKpZr4 n Olr)IL'ATIQr1-IlM)EF, A., I},AY.1.—VEMII:JG 1w. CM U F N"TTCn • f ' l•lu 4t111 LL' CIIr W AVAl1STUl1 LYNX) 't Pn/3: MONIIIFTl1TATTI'E rt;1Irrf.:T IT"U.tF :;Y Utbilf fMO EIIIi.06 m Iy Elil•ATIUn.7137]FIEbl13RU AS /OEIOrif. U C Q OOWWK— AT TIK UTRPS[CTIQM OF TIT [ASl[MlT EP%[ OFUII:IGFn A tIWT -*"If MjIT11k\l)r P4Of SAIU N' STi[[T: TMSnLE :>'.UfM 711KLLILS 1111'JIUTC: S) EtCQIOS tlST.U,L! lUl A,:.IIIe/.O OGpI'r.., 4 AFPI4 T'E 11pLTiEAIr I111f EY :Till [4v15 ST41FT, III I. M Toll /OOR U)r,k41AN.W4 il[Kl oo`M-VIW SLUM)I ilt: iliJY NP.Ml f7 !,ICG1P$ [AST, Al(Yli. MIU IAMTIdME, U'i. IT 011 RTT. T,If/A"E SQUIII IY IV WI), .i WWfk5 O35ri'Jnlq 4'E]i. ttpTlll',IfUAM'1O TIE UST MVI5- EET; 6lk1 I'CFT I1A otlU. WTIYISWUIUUTCO-i IN SAIII W\'155TPEET;T,"" HUM--)1 PEIA.CLS IY MPtifrei :I :FCO•iC5 WEST,Jp 5+W.V'l1IwHIIlNk. 1>CO FFki; 1"IAk I.a,IM 1, p 014YE[S iS.-TF3 Pl SF .WL.S Ea3I, :FYrIMKNJA IU ME USI „ DMWOM UIIL ",XQ rM TO n E[ fJ{TIT .y DLG➢41I•f:,, Ji CPW, ; IWAErT. lEluas EXHIBIT B-1 w • EXHIBIT B-2 SHORING EASEMENT is • • • P'Ac. 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Al STRF�T i i r r $r r al, 3? 49 i r E ;1 � S �• r I 3 N2�%4 r(n r.� r� ry r r r r r$ i rST 2.00, S10*45'3"W I SCALP V - 20' 0 20 40 4.00' � S18'45'3"W f r? w dw W Z a s y I m 3 W a 13 IA7a EXHIBIT B-2 �la I II '• . � r •'•7 • EXHIBIT C TEMPORARY CONSTRUCTION EASEMENT • E Fr ro � B r EASEORARY CONSTRUCTIONrr AREAS 7+99T20 S.F. ' , (S ! r To r i TEMPORARY C016MUC71011 EASEMENT Oq��� S�FFT TMAT PART of THE 66 SOOT WIDE DAMS STREET R IGNTOF-WAY IN IME SOUFTIEAST QUARTER GO SEC710M 10, TWM911P 41 N0RT11, WIDE IH EAST Of THE Tn(R01RN:OPAL MERIDIAN, DESCRIOED AS fOLLO"W2- -- O0MMFIIFTfKATTNFINIfRSf('/II OF TIFlASTf RIYII'1PkFNINMAN '� ��'S'I,y�4`'_I�'Y.i`,.4'�^�.'I .,• u'+r• AVENUE "lUTHE,%MFNF.RLY 1.I7+E Cf' SA1U DA'!IS STREET, Tl1ENCE S0LMI 71 DEGREES I. NNAITES 57 SECOWS EAST AAOU6 MI ASSII(i:D DEARN14 bEV6 Me N(:RINER(YLINE (V SAID DADS STAEt1.%LS2 tE:f 101HE ' w Point Of DLG7!L'IINPI: TNCNIS COfTTUN� !-0Un171 OC(AIES I. MIRMS 575FCOIRY FAS'fAirw'. SAID HORTN RIV tIIx: 12A.W FEET; 1"IM,E SOQIM 1D DEGREES 45 NtHUrES:U SECOUDS WM, PERPEITWU AR TO THE IAS/ DESC7110ED LI1IE, IA.00 IC[i IOA Pi)I.YI O!+ITV SI!UIIN'RLY IU,E OF SAID .AW551REE1'; WILE MR(IH 71 VtGPHf 11 MIUL17H 57 UC R116 )' -:r, �tA i � N'1 ST, KUI+G SA10 Y)t!Ilil FAT (IRE. 170.'!7 Ft"; VIR U NDRTH IY OF REFS 45111AUTfS 03 StrQIn15 EASE, PtRPCOH•:UTAR 101NE 1AiT 4E6OUDLD LINE, u6.00 EEEI 10'THE PUINTOF R'Ilmlw. IRc4'-U. (SRJ(IIY, JULKW1S. SECTION ILO NUT TO SCALE SCALE V - 20' 0 20 40 W y in as. o C �20 u z UV r~ :3 ~ X Z W 60 Y F" I i A ® EXHIBIT C ..I.....nwf�.� • EXHIBIT D PORTE-COCHERE EASEMENT • • 0 0 0 a/ LZ; DAM SIRM RIlffll. UXTRW "" TO t s S. 4D e 74) R1464 uj uj Lij cc I CL FF 0 SCALF P - 20' cc LLJ /0 IZ zo 40 CL LLI Fj T t2 ri 0 E2 k AN jfAdft EXHIBIT D