HomeMy WebLinkAboutORDINANCES-2005-024-O-05•
2/18/2005
24-0-05
AN ORDINANCE
Authorizing the City Manager to Execute an
Easement Agreement with TR Sienna Partners, LLC,
for a Subsurface Easement for Foundation and Earth Retention
adjacent to 1100 Clark Street and 1719 Ridge Avenue
WHEREAS, TR Sienna Partners, LLC, has acquired the property
commonly known as 1100 Clark Street and 1719 Ridge Avenue, Evanston,
Illinois, and legally described in Exhibit A attached hereto and made a part
hereof; and
WHEREAS, the City of Evanston owns a public alley (the "Public
Alley") that runs parallel along the entire length of the south property line of the
property as described in the plat of easement prepared by Gremley &
Biedermann, Inc., attached hereto as Exhibit B and made a part hereof; and
WHEREAS, TR Sienna Partners, LLC, intends to build four (4)
eight- (8-) story buildings on the property, containing approximately two hundred
thirty-seven (237) condominium units with underground and above ground
structured parking for approximately six hundred seventy-seven (677) parking
spaces; and
WHEREAS, the bells of certain of the caissons required to support
the buildings and parking structure located on the south side of the property will
be installed in such manner that they will constitute a subsurface encroachment
into the Public Alley; and
24-0-05
WHEREAS, earth retention necessary to facilitate the construction i
of the building will be installed below the surface of the Public Alley; and
WHEREAS, the areas where the foundation and earth retention will
occur in the Public Alley are indicated on Exhibit C attached hereto; and
WHEREAS, the foundation and earth retention are proposed to be
located so as to encroach on the City's Public Alley to a maximum of one foot (1')
south of the south property line of the property; and
WHEREAS, the City and TR Sienna Partners, LLC, are desirous of
entering into an easement agreement providing for the afore -described
encroachment of the caisson bells and earth retention as a subsurface
encroachment into the Public Alley; 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, an Easement Agreement, for the term of ninety-
nine (99) years and the sum of three thousand ninety and no/100 dollars
($3,090.00) attached hereto as Exhibit A and made a part hereof, between the
City of Evanston and TR Sienna Partners, LLC, providing for the encroachment
0
CPA
24-0-05
0 of a foundation and earth retention' on the public right-of-way adjacent to 1100
Clark Street and 1719 Ridge Avenue.
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:
Adopted: GYM
Attest:
,.�60i�)
Mary P.
,City Clerk
f
A p Wdto
is Corporation Counsel
, 2005
, 2005
Approved:
1 �/l 1 12005.
L rraine H. Morton, Mayor
-3-
Exhibit 1 to Ordinance 24-0-05
SUB SURFACE EASEMENT
Foundation and Earth Retention Easement on Public Wav
Ninetv-Nine Year Easement Agreement
This Easement Agreement (this "easement" or this "Agreement") is made and
entered into this day of , 2005, by and between the
City of Evanston, Cook County, Illinois an Illinois municipal corporation (hereinafter,
"Grantor") and TR Sienna Partners, LLC, an Illinois limited liability company
(hereinafter "Grantee"):
WHEREAS, Grantee has acquired the property commonly known as 1100 Clark
Street and 1719 Ridge Avenue, Evanston, Illinois, and legally described in Exhibit B
attached hereto and made a part hereof (the "Land"); and
WHEREAS, Grantor owns a public alley (the "Public Alley") that runs parallel
along the entire length of the south property line of the Land as described in the plat of
easement dated , 2004, prepared by Gremley & Biedermann, Inc.,
attached hereto as Exhibit A and made a part hereof (the "Plat"); and
WHEREAS, Grantee intends to build four 8-story buildings on the Land,
containing approximately 237 condominium units with underground and above ground is
structured parking for approximately 677 parking spaces; and
WHEREAS, the bells of certain of the caissons required to support the buildings
and parking structure located on the south side of the Land will be installed in such
manner that they will constitute a sub -surface encroachment into the public alley; and
WHEREAS, earth retention necessary to facilitate the construction of the building
will be installed below the surface of the public alley; and
WHEREAS, the areas where the foundation and earth retention will occur in the
public alley are indicated on Exhibit A hereto; and
WHEREAS, the foundation and earth retention are proposed to be located so as to
encroach on Grantor's Public Alley to a maximum of one (1.0) foot south of the south
property line of the Land; and
WHEREAS, Grantor and Grantee are desirous of entering into an easement
agreement providing for the afore -described encroachment of the caisson bells and earth
retention as a sub -surface encroachment into the Public Alley;
NOW, THEREFORE, in consideration of the foregoing recitals, the various
covenants herein, and the sum of $ 3090 including administrative 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, beneath and under the northernmost one (1.0) foot of Grantor's
Public Alley and real estate in question (the "Easement Premises"), to install, maintain,
repair, replace and use the foundation and earth retention as particularly described and
located on the Plat.
The Grantor expressly retains its interest in and.rights to the use and occupation of the
Easement Premises subject to the easement rights herein granted.
The grant of easement gives Grantee no surface or above -surface rights. Grantee may
carry out such surface, above -surface, and subsurface work in the Public Alley as may be
necessary to effectuate the purpose of this easement.
Grantee will obtain all required permits at its own expense.
Grantee may occupy the Public Alley to effectuate the purpose of this easement, prgvided
that Grantee will schedule all work related to the foundations and earth retention in such
a manner at such times as to cause minimum disruption to the flow of traffic. Grantee
shall not obstruct the Public Alley without first having notified the City's Engineering
• Division as to the date and time during which said obstruction will exist and without first
having obtained the City Engineer's consent to said closing, which consent shall not be
unreasonably withheld.
Grantee will promptly, after footings and earth retention placement are completed, restore
the surface in accordance with the standard set forth by the Grantor, including any
repaving which may be associated therewith. All such restoration is to be done at
Grantee's sole expense and in compliance with all applicable legislation.
This easement is for a term of ninety-nine (99) years, unless terminated, renewed, or"
modified by the parties. At the termination of this easement, Grantee shall, at the City's
option, be required to remove the encroachments at its own expense and restore the
easement property and surface.
This easement shall not be assigned to any entity other than the Sienna Court
Condominium Association without the express written consent of the Grantor authorized
by its City Council.
Grantee, its successors,.grantees, agents and assigns, by acceptance of this Easement,
shall indemnify and save harmless the Grantor against any and all loss, damage, claims,
injuries, deaths and cost or expenses caused by, arising out of, or alleged to arise out of
• this easement, including but not limited to attorney's fees.
2
The making, execution, and delivery of this easement by Grantor have been induced by
no representations, statements, warranties, or agreements other than those herein
expressed. This Agreement embodies the entire understanding of the parties and there
are no further or other agreements or understandings, written or oral, in effect between
the parties, their officers, agents, representatives, and employees, relating to the subject
matter hereof. This Easement may be amended or modified only by an instrument of
equal formality, signed by the duly authorized officers of the respective parties.
Grantee shall record this easement at its own expense within 90 days of passage of
Ordinance 24-0-05 by the City Council. Grantee shall, promptly after recordation,
provide a copy of same Grantor's Deputy Director of Public Works/ Senior 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/Senior Engineer
Evanston Civic Center
2100 Ridge Avenue
with a copy to: Law Department
Evanston Civic Center
2100 Ridge Avenue
Evanston, IL 60201
If to Grantee: Sienna Court Condominium Association
c/o TR Management, Inc.
1415 Sherman Avenue, Suite 101
Evanston, IL 60201
IN WITNESS WHEREOF, the parties have executed this Easement
Agreement at Evanston, Illinois, on the date first above written.
Accepted by:
TR SIENNA PARTNERS, LLC
an Illinois limited liability company
By: TR Sienna, Inc., an Illinois
corporation, its manager
By:
Typed Name: Thomas A. Roszak
Title: President
CITY OF EVANSTON,
COOK COUNTY, ILLINOIS
By:
Typed Name: Julia Carroll
Title: City Manager
•
•
•
k]
• 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 City Manager 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 he signed and delivered the
said instrument as such City Manager and as his free and voluntary act and as the act and
deed of such,general partner, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this day of , 2065.
Notary Public
(Type or Print Name)
My Commission Expires:
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 THOMAS A. ROSZAK, of TR SIENNA PARTNERS, LLC personally
known to me to be the same persons whose name is subscribed to the foregoing
instrument as the President of TR Sienna, Inc., an Illinois corporation, the manager of TR
Sienna Partners, LLC, 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 limited liability company for the uses and purposes therein
set forth;.
GIVEN under my hand and Notarial Seal this day of .2005.
Notary Public
(Type or Print Name)
• My Commission Expires:
2
CONSENT OF SENIOR MORTGAGEE
CORUS Bank, N.A., a national banking association, holder of a Mortgage, Assignment •
of Leases and Rents, Security Agreement and Financing Statement dated for reference
purposes only August 18, 2004, recorded August _, 2004, as Document Number
, as amended by First Amendment to Mortgage, Assignment of Leases
and Rents, Security Agreement and Financing Statement, dated for reference purposes
only October 5, 2004, and recorded October _, 2004, as Document Number
, covering the Land, 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 Senior Mortgagee has caused this instrument to be signed
by its duly authorized officers on its behalf on this day of
2005.
CORUS 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 CORUS BANK,
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, appeare&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
5
• CONSENT OF JUNIOR MORTGAGEE
CAPITALSOURCE FINANCE, LLC., a Delaware limited liability company, holder of a
Mortgage, Security Agreement, Financing Statement and Assignment of Leases and
Rents, dated as of August 18, 2004, recorded August 2004, as Document Number
, covering the Land, 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 Junior Mortgagee has caused this instrument to be signed
by its duly authorized officers on its behalf on this day of ,
2005.
Capital Source Finance; LLC,
a Delaware limited liability company
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 CORUS BANK,
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 fdrth; 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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