HomeMy WebLinkAboutORDINANCES-2006-119-O-0612/1/06,12/4/06
• 119-0-06
AN ORDINANCE
Authorizing the City Manager to Execute an Easement Agreement
with Evanston Prairie I, LLC, for a Subsurface Easement
for Wall and Column Footings Adjacent to 2607-2617 Prairie Avenue
WHEREAS, Evanston Prairie I, LLC, has acquired the property commonly
known as 2607-2617 Prairie Avenue, Evanston, Illinois, and
WHEREAS, the City of Evanston owns Prairie Avenue, which runs parallel
along the westerly property line of the property as described in the Plat of Easement
prepared by B.H. Suhr & Company, Inc., attached hereto as Exhibit A and made a part
hereof; and
WHEREAS, Evanston Prairie I, LLC, intends to build a four (4) story building
on the property with 13 residential units and approximately 1,200 square feet of retail
with 22 structured parking spaces; and
WHEREAS, the wall and column footings to support the building and parking
structure located along the westerly side of the property will be installed in such a manner
that they will constitute a subsurface encroachment into the right-of-way portion of the
• public right-of-way adjacent to Prairie Avenue; and
WHEREAS, the wall and column footings are proposed to be located so as to
encroach a maximum of 2.75 feet into the right-of-way portion of the public right-of-way
adjacent to Prairie Avenue as described and depicted Exhibit A, the attached Plat of
Easement; and
WHEREAS, Evanston Prairie I, LLC is desirous of entering into an easement
agreement providing for the afore -described encroachment of the wall and column
footings as a subsurface encroaclunent into the right-of-way portion of the public right-
of-way adjacent to Prairie Avenue; and
WHEREAS, the City Council has determined that it is in the best interest of the
City to enter into said Agreement,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the City Manager is hereby authorized and directed to sign,
and the City Clerk is hereby authorized and directed to attest on behalf of the City of
Evanston, and Easement Agreement, for the term of ninety-nine (99) years and the sum
• of two thousand one hundred and fifteen dollars ($2,115) attached hereto as Exhibit B
and made a part hereof, between the City of Evanston and Evanston Prairie I, LLC,
providing for the encroachment of wall and column footings on the public right-of-way
adjacent to 2607-2617 Prairie Avenue.
119-0-06
SECTION 2: That the City Manager is hereby authorized and directed to
negotiate any additional terms and conditions of the Agreement as may be determined to •
be in the best interests of the City.
SECTION 3: That all Ordinances or parts of Ordinances in conflict herewith are
hereby repealed.
SECTION 4: 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: 12006
Adopted: �d,'ut.��.t� , 2007
�.J
Attest:
Mary lylo'trls, City Clerk
r
kp roved as to fo
Qgl edation Counsel
Approved:
2006
Lorraine H. Morton, Mayor
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Exhibit B to Ordinance 119-0-06
• SUBSURFACE EASEMENT,
Wall and Column FootinLys Easement on Public Wall
Ninety -Nine Year Easement Agreement
This Easement Agreement (this "easement" or this "Agreement") is made and
entered into this 13.� /1 day of J tail a u rq , 20017, by and between the
City of Evanston, Cook County, Illinois an Illinois municipal corporation (hereinafter,
"Grantor") and Evanston Prairie I, LLC, an Illinois limited liability company (hereinafter
"Grantee"):
WHEREAS, the Grantee has acquired the property commonly known as 2607-
2617 Prairie Avenue, Evanston, Illinois, and
WHEREAS, Grantor owns Prairie Avenue, which runs parallel along the westerly
property line of the property as described in the Plat of Easement prepared by B.H. Suhr
& Company, Inc., attached hereto as Exhibit A and made a part hereof; and
WHEREAS, the Grantee intends to build a four (4) story building on the property
with 13 residential units and approximately 1,200 square feet of retail with 22 structured
• parking spaces; and
WHEREAS, the wall and column footings to support the building and parking
structure located along the westerly side of the property will be installed in such a manner
that they will constitute a subsurface encroachment into the parkway portion of the public
right-of-way adjacent to Prairie Avenue; and
WHEREAS, the wall and column footings are proposed to be located so as to
encroach a maximum of 2.75 feet into the public right-of-way adjacent to Prairie Avenue
as described and depicted Exhibit A, the attached Plat of Easement; and
WHEREAS, the Grantor and Grantee are desirous of entering into an easement
agreement providing for the afore -described encroachment of the wall and column
footings as a sub -surface encroachment;
NOW, THEREFORE, in consideration of the foregoing recitals, the various
covenants herein, and ene sure of $2,115 including advninistrati..re fees and other good and
valuable consideration, receipt of which are hereby acknowledged, it is agreed by and
between the parties as follows:
Grantor hereby grants and conveys to grantee, its successors, grantees, agents, and
• assigns, an easement on that part of the northeasterly 2.75 feet of Prairie Avenue right-of-
way, lying southwesterly and adjoining the southeasterly 117.5 feet of the three parcels
described in the Plat of Easement to a depth of six feet under the existing sidewalk
Grantee shall record this easement at its own expense within 90 days of passage of
Ordinance 119-0-06 by the City Council. Grantee shall, promptly after recordation, •
provide a copy of same to Grantor's City Engineer.
Any notices required or given hereunder shall be in writing and shall be delivered via
return receipt mail, addressed to the parties as follows, unless otherwise indicated in the
future. Notice shall be deemed effective upon receipt.
If to Grantor: City Engineer
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: Evanston Prairie I, LLC
2305 Sherman Avenue
Evanston, IL 60201
IN WITNESS WHEREOF, the parties have executed this Easement
Agreement at Evanston, Illinois, on the date first above written. •
Accepted by:
EVANSTON PRAIRIE I, LLC CITY OF EVANSTON,
an Illinois limited liability company COOK COUNTY, ILLINOIS
By: By:edllul_�
Typ ne: Jim Ticus yped Name: Julia Carroll
Title: Authorized Representative Title: City Manager
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CONSENT OF MORTGAGEE
Northshore Community Bank, 576 Lincoln Avenue, Winnetka, IL 60093, holder of a
Mortgage, Assignment of Leases and Rents, Security Agreement and Financing
Statement, hereby consents to the execution and recording of the within Easement
Agreement and agrees that said Mortgage is subject and subordinate thereto.
IN WITNESS WHEREOF, the Mortgagee has caused this instrument to be signed by its
duly authorized officers on its behalf on this day of 12005.
Northshore Bank
By:
Its:
Attest:
By:
Its:
STATE OF ILLINOIS )
SS
• COUNTY OF COOK )
I, the undersigned, a Notary Public in and for the said County, in the State aforesaid, DO
CERTIFY THAT of ,
N.A. of said Bank, personally known
to me to be the same persons whose names are subscribed to the foregoing instrument as
such officers respectively, appeared before me this day in person and acknowledged that
they signed and delivered the said instrument as their own free and voluntary act and as
the free and voluntary act of said Bank, for the uses and purposes therein set forth; and
the said Secretary then and there acknowledged that as
custodian of the corporate seal of said Bank (s)he affixed the seal as his/her own free and
voluntary act and as the free and voluntary act of said Bank, for the uses and purposes
therein set forth.
Given under my hand and notarial seal this day of
2005
Notary Public
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