HomeMy WebLinkAboutORDINANCES-1997-124-O-9712/9/97
124-0-97
AN ORDINANCE
Authorizing City Manager to
Enter Into an Amended Easement Agreement With
the Church and Chicago Limited Partnership
for a Subsurface Footings Encroachment in the
1600 Block of Chicago Avenue
WHEREAS, the Church and Chicago Limited Partnership ("Partnership") has erected a
single -story building with rooftop parking on the property at 1640 Chicago Avenue; and
and
WHEREAS, the building is supported by underground vertical load supports, "footings";
WHEREAS, eleven footings are located so as to encroach on certain portions of the
public right-of-way of Church Street and Chicago Avenue where these thoroughfares abut the
so1600 Block of Chicago Avenue; and
WHEREAS, the City, as grantor, and the Partnership, as grantee, entered into an
easement agreement, approved by Ordinance 113-0-95 and recorded with the Office of the
Cook County Recorder as document number 96162451, permitting the subsurface encroach-
ment specified therein for a term of ninety-nine years;
WHEREAS, the Partnership has requested revision of the assignment clause of the
aforesaid easement agreement and addition of a right to extend the agreement for one fifty-
year period; and
WHEREAS, said amended easement agreement is in the best interest of the citizens of
Evanston,
_ • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
124-0-97
SECTION 1: That the City Manager is hereby authorized and directed to sign the so
amended easement agreement marked as Exhibit A attached hereto and incorporated herein
by reference.
SECTION 2: That the City Manager is hereby authorized and directed to negotiate any
additional terms and conditions as are in the best interest 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repealed.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 fs , 1997
Adopted: nteIS , 199_
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Approved: ` �.18 ,1997_
r
Mayor
ATTEST:
' ,�Qi`thGd
ty Cl rk
Approved as to for
tCorporation Counsel
Amendment to Document Recorded as no. 96162451
For Subsurface Footings Encroachment in the
1600 Block of Chicago Avenue, Evanston, Illinois
This Amended Easement Agreement is made and entered into this day of
199 by and between the City of Evanston, Cook County, Illinois, an
Illinois municipal corporation (hereinafter, "Grantor') and the Church and Chicago Limited
Partnership (hereinafter, "Grantee'.
WHEREAS, Grantor and Grantee entered into an easement agreement on February,
14, 1996, as authorized by Ordinance 113-0-95, pursuant to which Grantor granted to
Grantee a subsurface easement to provide for the encroachment on Grantor's public way
of eleven underground vertical load supports "footings" to distribute the weight of a single -
story structure with rooftop parking which Grantee intended to build at 1640 Chicago
NAvenue;
WHEREAS, Grantee has since built the structure; and
WHEREAS, the aforesaid easement agreement was recorded as document no.
96162451 ("the easement agreement') with the Office of the Cook County Recorder; and
WHEREAS, Grantee has requested modification of paragraphs eight and nine of the
aforesaid agreement regarding, respectively, a right in Grantee to extend the easement
agreement for one -fifty-year period and its assignability; and
WHEREAS, Grantor and Grantee are desirous of modifying paragraphs eight and
nine of the easement agreement, and
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Footings Easement so
WHEREAS, Grantor's City Council authorized the instant amendment by Ordinance
124-0-97; and
NOW THEREFORE, in consideration of the foregoing recitals, the various covenants
herein, and the sum of one dollar ($1.00) and other good and valuable consideration,
receipt of which are hereby acknowledged, it is agreed by and between the parties as
foI lows:
1. That paragraph eight of the easement agreement is stricken in its entirety
and this paragraph substituted entirety and this paragraph substituted therefor:
8. This easement is for a term of nine -nine (99) years. Upon application
by Grantee to the City and approval by the City authorized by its City
Council, ( which shall not be unreasonably withheld or delayed) the Grantee
shall have a one-time right to extend the term of the easement for an
additional period of fifty (50) years. However, the term of such extension of
this easement shall cease whenever and if the Grantee abandons the
property or abandons the use of this easement. After the termination of this
easement, (at the end of the original term of ninety-nine (99) years or after
the termination of an extension of this easement, as set forth above), and at
any such time as the City requires the actual use or occupancy of the public
space occupied by the extensions of Grantee's improvements pursuant to -
this easement, Grantee or its successors and assigns shall then remove such
extensions at its own expense and ,shall restore the easement property and
surface
2. That paragraph nine of the easement agreement is stricken in its entirety and
this paragraph substituted therefor:
9. This easement is appurtenant to Grantee's property, shall be a
covenant running with the property of Grantee and shall be assignable by the
Grantee, provided that it is assigned simultaneously and together with a
conveyance of the improvements located on the property of the Grantee
which the easement benefits; otherwise it shall not be assigned
3. All other provisions of the easement agreement remain in full force and
effect.
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Footings Easement
IN WITNESS WHEREOF, the parties have executed this Amended Easement
Agreement at Evanston, Illinois, on the date first above written.
Accepted by:
CHURCH AND CHICAGO LIMITED
PARTNERSHIP
By:
Typed Name
Title:
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CITY OF EVANSTON, COOK COUNTY,
ILLINOri
4"-�
By: f o
Typed Name: Roger Crum
Title: Citv Manager
so
so
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