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HomeMy WebLinkAboutORDINANCES-1992-118-O-9211/23/92 . . 118-0-92 AN ORDINANCE Authorizing the City Manager to Enter into Certain Reciprocal Easement Agreements and a Related Land Exchange with the Chicago Transit Authority WHEREAS, the Chicago Transit Authority ("CTA") owns certain real estate ("parcel 000211) abutting the west side of Chicago Avenue between Mulford and Case; and WHEREAS, the City wishes to acquire parcel 0002 to facilitate the re -alignment of Chicago Avenue; WHEREAS, the City owns certain real estate ("parcel 000111) adjacent to the CTA's Howard Yard property; and WHEREAS, retention of parcel 0001 is not necessary to the public health, safety, or welfare; and WHEREAS, the CTA wishes to acquire parcel 0001 to complete its Howard Yard expansion; and WHEREAS, the CTA wishes to convey parcel 0002 to the City and the City wishes to convey parcel 0001 to the CTA; and WHEREAS, the CTA is the owner of three additional parcels of land which consist of approximately 10,494 square feet and are located adjacent to Chicago Avenue and are part of the CTA's Evanston Line right-of-way ("parcel 0002TE-1," "parcel 0002TE-21', and "parcel 0003TE11); and WHEREAS, the City is the fee owner of two parcels of real estate ("parcel OOOIPE" and "parcel 0002PE11), which consist 118-0-92 of approximately 860 square feet, and which are part of the • existing Chicago Avenue public way; and WHEREAS, the CTA wishes to grant the City three temporary construction easements on parcel 0002TE-1, parcel 0002TE-2 and parcel 0003TE for grading, sewer and retaining wall construction, underground earth -anchoring fora temporary sheet pile support system, and additional right-of-way retaining wall construction; and WHEREAS, the City wishes to grant the CTA two permanent easements for parcel 0001PE and parcel 0002PE for the Evanston Line right-of-way retaining wall footings and the Howard Yard retaining wall; and WHEREAS, the City Council finds that the best interests of the City will be served by the above -described transactions. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF • THE CITZ._OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Council finds as fact the recitals set forth above. SECTION 2: The City Manager is hereby authorized and directed to sign, and the City Clerk is hereby authorized and directed to attest, the Agreement, attached hereto as Attachment A and incorporated herein, and to thereby enter into the real estate transactions hereinabove described, and to negotiate any additional fit and proper terms in connection therewith. 118-0-92 SECTION 3: The City Manager and City Clerk, respectively, are hereby authorized and directed to execute, attest, and deliver such other documents; agreements, and certificates as may be necessary to the transactions herein authorized. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: 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: .�GN� / , 1992 Adopted: 19 Approved ST _.A ' J City Clerk rov d a forte: Corpor tion Counsel a 3 L 9 9 3 -ICI.- r ATTACHMENT A • AGREEMENT THIS AGREEMENT made this day of , 1992 ("Agreement") by and between the CHICAGO TRANSIT AUTHORITY, a municipal corporation, created and existing under and by virtue of the laws of the State of Illinois, ("hereinafter "CTA") and the City of Evanston, a body politic and corporate of Evanston, Illinois, (hereinafter the "City"). W I T N E S S E T H: WHEREAS, CTA is the fee owner of certain real estate (hereinafter "Parcel 0002") which is approximately 12,232 square feet, is part of the CTA's Evanston Line right-of-way and is legally described on Exhibit "2" which is attached hereto and made a part hereof by this reference; and WHEREAS, the City is the fee owner of certain real estate (hereinafter "Parcel 0001") which is approximately 3,434 square feet, is adjacent to CTA's Howard Yard property and is legally described on Exhibit "l" which is attached hereto and made a part hereof by this reference; and WHEREAS, CTA wishes to acquire Parcel 0001 in order to complete its Howard Yard Expansion Project, and the City wishes to acquire Parcel 0002 to facilitate the re -alignment of Chicago Avenue in Evanston, Illinois; and WHEREAS, CTA wishes to convey Parcel 0002 to the City and the City wishes to convey Parcel 0001 to CTA; and WHEREAS, CTA is the owner of three additional parcels of land 0 which consist of approximately 10,494 square feet and are located adjacent to Chicago Avenue and are part of the CTA's Evanston Line • right-of-way and are legally described on Exhibits "5," %," and "7" (hereinafter "Parcel 0002TE-1," "Parcel 0002TE-2" and "Parcel 0003TE" respectively); WHEREAS, the City is the fee owner of two parcels of real estate (hereinafter "Parcel 0001PE" and Parcel 0002PE"), which consist of approximately 860 square feet, are part of the existing Chicago Avenue public way and are legally described on Exhibits 1131" and "4" respectively; and WHEREAS, CTA wishes to grant the City three (3) temporary construction easements on Parcel 0002TE-1, Parcel 0002TE-2 and Parcel 0003TE for grading, sewer and retaining wall construction, underground earth anchoring for a temporary sheet pile support system, and additional right of way retaining wall construction; and WHEREAS, the City wishes to grant CTA two (2) permanent easements for Parcel 0001PE and Parcel 0002PE for the Evanston Line right-of-way retaining wall footings and the Howard Yard retaining wall. , NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows: 1. The above recitals are incorporated herein as an integral part of this Agreement. 2. CTA shall convey Parcel 0002 to the City by executing and 2 0 • delivering a quitclaim deed for said parcel. 3. The City shall convey Parcel 0001 to CTA by executing and delivering a quitclaim deed for said parcel. 4. CTA shall grant three temporary construction Easements to the City for Parcel 0002TE-1, Parcel 0002TE-2 and Parcel 0003TE. S. The City shall grant CTA two (2) permanent easements to CTA for Parcel 0001PE and Parcel 0002PE. IN WITNESS WHEREOF, the parties hereto by themselves or by their proper officers have hereunto set their names and seals the day and year first above written. CITY OF EVANSTON CHICAGO TRANSIT AUTHORITY By: By: Its Its ATTEST: ATTEST: Apprw"d . r 10M aad 161"Latr, aaiyeat i� SRUM l MM" &ad _ a.� •,�. IL�I��..S foam (SKD:ibq Agreement CTA/City of &vanston 11/10/92) 41 3 'Exhibit 2' Parcel to be conveyed from City of Evanston to CTA LEGAL DESCRIPTION - Parcel 0001 A parcel of land lying within the Northeast Quarter of Section 30, Township 41 North, Range 14 East, CITY of EVANSTON, COOK COUNTY, nJ INOIS, more particularly described as follows: Commencing at the intersection of the south right-of-way line of Howard Avenue and the east " right -of --way line of Chicago Avenue; thence on an assumed bearing North 11 degrees 01 minutes 27 seconds West, along said east line of Chicago Avenue, a distance of 1055.60 feet to the POINT OF BEGINNING; thence North 11 degrees 01 minutes 31 see6nds West, a • distance of 37.46 feet; to a point of intersection with a non -tangent curve, concave southeasterly, zf _ having a radius of 64.65 feet and a central angle of 100 degrees 08 minutes 29 seconds; thence northerly along the arc of said curve to the right, a distance of 112.99 feet, said arc subtended by a chord which bears North 39 degrees 29 minutes 28 seconds East, a distance of 99.79 feet, to a point of intersection with a non -tangent curve, concave northeasterly, having a radius of 2262.00 feet and a central angle of 0 degrees 11 minutes 17 seconds, said curve being the northeast line of the City of Evanston's, Chicago Avenue right-of-way, as described in Document No. 4487029; thence southeasterly along the arc of said curve to the left, and along said northeast line, a distance of 7.43 feet, said arc subtended by a chord, which bears South 36 degrees 09 minutes 23 seconds East, x distance of 7.43 feet, to the southeast line of said Document No. 4487029; thence South 28 degrees 58 minutes 33 seconds West, along said southeast line, a distance of 123.19 feet, to the POINT OF BEGINNING; Containing 3434 square fee of land, more or less. 'Exhibit 2' Parcel tp be conveyed from CTA to City of Evanston LEGAL DESCRIPTION - Parcel 0002 A parcel of land lying within the Northeast Quarter of Section 30, Township 41 North, Range 14 East, CITY OF E•VANSTON,COOK COUNTY,ILLINOIS, more particularly described as follows: Commencing at the intersection of the east right-of-way line of the Chicago and Northwestern Railroad and the south right-of-way line of Mulford Street; thence on an assumed bearing of South 89 degrees 30 minutes 29 seconds East, along said south line of Mulford Street, a distance of 51.50 feet, to the POINT OF BEGINNING; thence continuing South 89 degr&s 30 minutes • 29 seconds East, along said south line of Mulford Street, a distance of 30.26 feet to -the west right-of-way line of Chicago Avenue} also being the northeast line of the Chicago Transit Authority property described in the Cook County Recorder of Deeds Records, in Book 49756, at Page 144; thence along said west right-of-way line; the following two course and distances, South 27 degrees 38 minutes 55 seconds East, a distance of 167.02 feet to the southeast line of said Book 49756, Page 144; thence South 28 degrees 58 minutes 33 seconds West, along said southeast line a distance of 120.47-feet, to the south end of the west line of said Book 49576, Page 144; thence North 11 degrees 01 minutes 27 seconds West, along said west line, a distance of 258.37 feet to the POINT OF BEGINNING; Containing 12232 square feet of land, more or less. • Being Parcel 1, of the land described in the Quit CIaim Deed, recorded on October 16, 1953, in the Cook County Recorder of Deeds Records, in Book 49756, at Page 144. • 'Exhibit 3' Permanent Easement Granted by City of Evanston to CTA LEGAL DESCRIPTION - Parcel 0001 PE A parcel of land lying within the Northeast Quarter of Section 30, Township 41 North, Range 14 East, CITY of EVANSTON, COOK COUNTY, ILLINOIS, more particularly described as follows: Commencing at the intersection of the south right-of-way line of Howard Street at the east right- of-way line of Chicago Avenue; thence on an assumed bearing of North 11 degrees 01 minutes 27 seconds West, along said east line of Chicago Avenue, a distance of 1067.13 feet, to the POINT OF BEGINNING; thence South 78 degrees 58 minutes 30 seconds Wesf; a distance of 3.00 feet; thence North 11 degrees 01 minutes 35 seconds West a distance of 25.93 feet, to a •' point of intersection with a non -tangent curve, concave southeasterly, havinga radius of 67.65 feet and a central angle of 98 degrees 22 minutes 21 seconds; thence northerly along the arc of said curve to the right, a distance of 116.15 feet, said arc subtended by a chord which bears North 38 degrees 09 minutes 43 seconds East, a distance of 102.40 feet, to' -a point of intersection with a non -tangent curve, concave northeasterly having a radius of 2262.00 feet and a central angle of 0 degrees 05 minutes 31 seconds, being the northeast line of the City of Evanston's, Chicago Avenue right-of-way as described in Document No. 4487029; thence southeasterly along the arc of said curve to the left, and along said northeast line, a distance of 3.63 feet, said arc subtended by a chord which bears South 36 degrees 00 minutes 59 seconds East, a distance of 3.63 feet, to a point of intersection with a non -tangent curve, concave southeasterly, having a radius of 64.65 feet and a central angle of 101 degrees 08 minutes 29 • seconds; thence westerly along the arc of said curve to the left, a distance of 112.99 feet, said • arc subtended by a chord which bears South 39 degrees 02 minutes 47 seconds West, a distance of 99.15 feet; thence South 11 degrees'01 minutes 33 seconds Fast, a distance of 25.93 feet to the POINT OF BEGINNING; Containing 421 square feet of land, more orless. 0 'Exhibit 4' Permanent Easement Granted by City of Evanston to CTA LEGAL DESCRIPTION - Parcel 0002 PE A parcel of land lying within the Northeast Quarter of Section 30, Township 41 North, Range 14 East, CITY of EVANSTON, COOK COUNTY, ILLINOIS, more particularly described as follows: Commencing at the intersection of the east right-of-way line of Chicago and Northwestern � Railroad and the south right-of-way line of Mulford Street; thence on an assumed bearing of South 89 degrees 30 minutes 29 seconds East along said south right-of-way line, a distance of . 51.50 feet to the POINT OF BEGINNING, thence continuing South 89 degrees 30 minutes 29 seconds East, along said south right-of-way line, a distance of 3.06 feet; thence South 11 degrees • 01 111inutea 27 seconds East, a distance of 145.56; thence North 11 degrzgs 01 minutes 27 seconds West, a distance of 3.03 feet to the west line of Parcel 1 of the Iand described in the Quit Claim Deed recorded in the Cook County Recorder of Deeds records, in Book 49756, Page 144; thence North 11 degrees 01 minutes 27 seconds West, along said west line of Book 49756, Page 144, a distance of 145.56 feet to the POINT OF BEGINNING; Containing 439 square feet of land, more or less. Being a portion of Parcel 1 of the Quit Claim Deed, recorded October 16, 1953, in the Cook County Recorder of Deeds records in Book No. 49756 at Page 144. 'Exhibit 5' Temporary Construction Easement Granted by CTA to City of Evanston LEGAL DESCRIPTION - Parcel 0002TE-1 A parcel of land lying within the Northeast Quarter of Section 30, Township 41 North, Range 14 Last, CITY of EVANSTON, COOK COUNTY, ILLINOIS, more particularly described as follows: Commencing at the intersection of the east right-of-way line of the Chicago and Northwestern Railroad and the west right-of-way line of Mulford Street; thence on an assumed bearing South 89 degrees 30 minutes 29 seconds East, along said south right-of-way line, a distance of 33.32 feet to the POINT OF BEGINNING; thence continuing South 89 degrees 30 minutes 29 seconds East, along said south right-of-way line, a distance of 18.18, feet to the east line of the Chicago • Transit Authority parcel of land described in Document No. 15746413; thence South 11 degrees 01 minutes 27 seconds East, along said east line, a distance of 186.00 feet, to the north line of Parcel I of Gaynor's Consolidation Subdivision, recorded as Document No. 20395025; thence South 78 degrees 58 minutes 44 seconds West along said north line, a distance of 53.47 feet, to the said east right-of-way line of the Chicago and Northwestern Railroad; thence North 10 degrees 19 minutes 06 seconds West along said east right-of-way line, a distance of 34.75 feet; thence North 70 degrees 19 minutes 06 seconds East a distance of 39.52 feet; thence North 12 degrees 32 minutes 31 seconds West a distance of 148.99 feet, to the POINT OF BEGINNING; Containing 4374 square feet of land, more or less. Being a portion of Chicago Transit Authority property, described in the Quit Claim Deed • recorded October 16, 1953, in the Cook County Recorder of Deeds records as Document. No. 15746413 • 'Exhibit 6- Temporary Construction Easement Granted by CTA to City of Evanston LEGAL DESCRIPTION - Parcel 0002TE-2 A parcel of land lying within the Northeast Quarter of Section 30, Township 41 North, Range 14 East, CITY of EVANSTON, COOK COUNTY, ILLINOIS, more particularly described as follows: Commencing at the intersection of east right-of-way line of the Chicago & Northwestern Railroad and the south right-of-way line of Mulford Street, said point being the POINT OF` BEGINNING; thence on an assumed bearing South 89 degrees 30 minutes 29 seconds East, along said south line, a distance of 33.32 feet; thence South 12 degrees 32 minutes 31 seconds distance of 149.99 feet; thence South 70 degrees 19 minutes 06 seconds West, a distance 0- East, a scan e o of 39.52 feet to the said east right-of-way line of; thence North 10 degrees 08 minutes 52 seconds `'Vest along said east right-of-way line, a distance of 161.55 feet to the POINT OF BEGINNING; Containing 5566 square feet of land, `more or less. Being a portion of Chicago Transit Authority property described in the Quit Claim Deed, recorded October 16, 1953, in the Cook County Recorder of Deeds records, as Document No. 15746413 'Exhibit 7' Temporary Construction Easement Granted by CTA to City of Evanston LEGAL DESCRIPTION - Parcel 0003 TE A parcel of land lying within the Northeast Quarter of Section 30, Township 41 North, Range 14 East, CITY of EVANSTON, COOK COUNTY, ILLINOIS, more particularly described as follows: Commencing at the intersection of the east right-of-way line of the Chicago & Northwestern Railroad and the north line of Mulford Street; thence on an assumed bearing of South 89 degrees 30 minutes 29 seconds East along said north line, a distance of 48.82 feet, to the POINT OF F BEGINNING; thence North 10 degrees 34 minutes 23 seconds West, a distance"of 37.18 feet; thence North �79 degrees 03 minutes 08 seconds East, a distance of 14.35 feet to east line of PfTcel 29, described in the Warranty Deed, recorded October 16, 1953, in the Cook County Recorder of Deeds records, in Book 49756 at Page 148, thence South 10 degrees 34 minutes 23 seconds Last along said east line, a distance of 40.08:feet, to the said south right-of-way line, thence North 89 degrees 30 minutes 29 seconds West along said south right-of-way Iine, a distance of 14.62 feet to the POINT OF BEGINNING; Containing 554 square feet of land, more or less. Being a portion of Chicago Transit Authority, Parcels 28 & 29, described in the Warranty Deed, recorded on October 16, 1953, in the Cook County Recorder of Deeds records, in Book 49756, at Page 148.