HomeMy WebLinkAboutRESOLUTIONS-1979-016-R-79•
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A RESOLUTION
Granting A Ninety -Nine Year Easement To
Washington National Insurance Company
For A Pedestrian Walkway Over The
' North -South Alley Between Davis Street
And Church Street, And Orrington Avenue
And Chicago Avenue
WHEREAS, on October 30, 1978 the City Council of the City of
Evanston did by Ordinance 88-0-78 approve construction of an elevated pedes-
trian walkway by Washington National Insurance Company; and
WHEREAS, said walkway will connect the State Plaza Building at 1603
Orrington Avenue. to the Washington National Insurance Company Building at
1630 Chicago Avenue, which connection requires the use of air rights over the
alley between the two buildings; and
WHEREAS, the City Council of the City of Evanston does find that
there will be no detriment to the public use of said alley by the erection of
said walkway and does further find that availability of said walkway will re-
lieve conjection on the sidewalks connecting the two buildings;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
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SECTION 1: That the City Council of the City of Evanston does here-
by authorize the City Manager to enter into a ninety-
nine year easement in return ,for Two Thousand Dollars ($2,000.00) from Washing-!
ton National Insurance Company for the creation of an elevated pedestrian walk
way at the elevations and above the ground property as set forth in a plat of
survey dated February 15, 1979, and further authorizes the City Manager to
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i 16-R-79
take those steps necessary for the facilitation of said.construction up to and
including the temporary blocking off of said alley for reasonable periods as
needed to protect pedestrians from said construction.
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ATTEST:
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City Clerk
I Adopted �v �� 1979
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EASEMENT AGREEMENT
The CITY OF EVANSTON, a Municipal Corporation ("CITY" or "GRANTOR")
i for good and valuable consideration, receipt of which is hereby acknowledged,
�1 does hereby grant to WASHINGTON NATIONAL INSURANCE COMPANY, an Illinois Cor-
poration ("WASHINGTON NATIONAL" or "GRANTEE") an easement in air rights over
�j the north -south dedicated alley located between Church Street and Davis
Street, and between Orrington Avenue and Chicago Avenue, said easement to be
at the elevations and over that portion of said alley as further set forth in
the plat of easement attached to and incorporated into this document as
Exhibit "A". Said easement is for the creation of an enclosed pedestrian walk-
way to connect 1630 Chicago Avenue and 1603 Orrington Avenue.
This grant of easement is made by the CITY and accepted by WASHINGTON
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ji NATIONAL under the following terms and conditions:
1. That said easement shall be for the sole and exclusive purpose
of creation of an elevated enclosed pedestrian walkway in the design as sub-
mitted to the CITY and approved by the City Council in Ordinance 88-0-78.
2. That the use of said easement shall continue for ninety-nine
(99) years for so long as said pedestrian walkway is maintained and utilized
for that purpose.
3. That WASHINGTON NATIONAL shall both erect and maintain said
elevated structure in a manner and in a condition such that it is safe for the
passage of pedestrian traffic both within and without, under and in the prox-
imity of said structure.
• 4. That the cost of said installation and work as shall be neces-
sary to maintain said structure in a safe manner shall be borne solely by
WASHINGTON NATIONAL, which shall also pay for -and perform repairs as are from
time to time determined to be necessary by the City Manager or his duly
authorized representative.
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5. That WASHINGTON NATIONAL shall indemnify the CITY for all
claims, damages, and judgments of any kind and nature whatsoever arising out
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of the use of said real estate by the public, and shall further indemnify the
CITY for all costs, attorney's fees, and other expenses arising out of any ac-
tions brought against the CITY arising out of the use of said real estate.
WASHINGTON NATIONAL shall execute a hold harmless agreement in a form satisfac
tory to the Corporation Counsel of the CITY, in accordance with this paragraph.
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WASHINGTON NATIONAL shall provide evidence of an insurance policy specifically
covering the liability described in this paragraph, and the insurance shall be
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of such form and in such companies as is acceptable to the CITY.
6. That said easement shall remain in full force and effect until
released by the corporate authorities of the CITY.
7. That the terms and conditions of this grant of easement may be
modified from time to time upon the consent of the parties.
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!I 8. This grant shall inure to the benefit of and be binding upon thel
respective successors and assigns of the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have caused this instrument
to be executed by their proper officers thereunto duly authorized, as of the
day and year hereinafter written.
DATED this day of
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CITY OF EVANSTON, a Municipal
Corporation Q
By
ATTEST:
•
, 1979
WASHINGTON NATIONAL INSURANCE COMPANY
By
ATTEST:
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