HomeMy WebLinkAboutORDINANCES-1985-087-O-858/16/85
III MM,
AN ORDINANCE
Authorizing the City Manager to Enter into an
Easement Agreement for a Portion of the Public
Right -of -Way at the Southwest Corner of
Greenbay Road and Livingston Street
WHEREAS, the City of Evanston owns the real property as
set forth in Exhibit A, incorporated herein by reference, which
is a portion of the public right-of-way at the southwest corner
of Greenbay Road and Livingston Street, Evanston, Illinois, which
property is located in the City of Evanston; and.
WHEREAS, the City Council of the City of Evanston.has
determined that it is no longer necessary, or appropriate, or in
the best interests of the City of Evanston that'it retain use of
said real estate, and that said real estate is not required for
the use of, or profitable to, the City of Evanston; and
WHEREAS, First American Investment Corporation, owner
of the property located at the southwest corner of Greenbay Road
and Livingston Street, Evanston, Illinois has requested an
easement of said portion of the public right-of-way at the
southwest corner of Greenbay Road and Livingston Street, for the
sole -purpose of the installation of landscaping to conform with
all the standards set forth by the City of Evanston;
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 authorizedand directed to attest on behalf
of the City of Evanston a grant of easement agreement by and
between the City of Evanston, Illinois, as grantor, and The First
American Investment Corporation, as grantee, for a portion of the
public right-of-way at the southwest corner of Greenbay Road and
Livingston Street, Evanston, Illinois, described in Exhibit A.
Said grant of easement agreement shall be on substantially the
same terms as set forth in the grant of easement agreement marked
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87-0-85 I
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as Exhibit B attached hereto and incorporated herein by I
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reference..
SECTION 2: The City Manager is hereby authorized
to negotiate any additional conditions on
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the grant of easement agreement for the aforesaid property as may;
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be determined t.o be in the best -interests of the City. I
SECTION 3:. All ordinances or parts of ordinances f
in conflict herewith are hereby repealed. I
SECTION 4: This ordinance shall be in full force
and effect from and after its passage,
approval, and publication in the manner provided by law.
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Introduced:��� 1985.
Adopted: �fi1 / 1985.
Approved: js�•'Z-' 1985..
Mayor pro tem
ATTEST: /
City Clerk
Ap ove as to form:
A
�1
Corporation Cou sel
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GRANT OF EASEMENT
The CITY OF EVANSTON, a municipal corporation
• (hereinafter referred to as "Grantor"), for One and no/100
Dollars ($1.00) and other good and valuable consideration,
receipt of which is'hereby acknowledged, hereby grants to First
American Investment Corporation, owner of property at the
southwest corner of Greenbay Road and Livingston Street,
Evanston, Illinois (hereinafter referred to as "GRANTEE"), an
easement for nineteen (19) years to a portion of the public
right-of-way at the southeast corner of Greenbay Road and
Livingston Street, occupied by GRANTOR and designated in
Exhibit A attached hereto pursuant to the following terms and
conditions:
1. Subject property is a portion of the public
right-of-way located at the southwest corner of Greenbay Road
and Livingston Street, Evanston, Illinois. Said easement is as
legally described and set forth in Exhibit A attached hereto
and incorporated herein by reference.
.2. Said easement described in Exhibit A is granted
to GRANTEE for the sole.purpose of the installation of
landscaping and for no other purpose. Use of subject
right-of-way for any other purpose shall constitute a breach of
this easement agreement and result in the automatic termination
of easement.
3. The GRANTEE shall maintain and repair said
premises in a good state of repair, appearance and order
corresponding to the standards that apply to public grounds
otherwise owned by the City. GRANTEE shall not post, paint or
place or cause others to post, paint or place on subject
property any
advertisement
or signs of any
kind.
'
4.
GRANTEE shall
hold harmless
and indemnify the
GRANTOR against all liability imposed by law and against all
EXHIBIT B
loss, liability, damage, and expense, including attorneys'
fees, incurred by the GRANTOR, on account of any injury to or
death of any person or persons whomsoever, including employees
of the GRANTEE, of carriers, and of the GRANTEE'S
subcontractors, or on acount of damage to property sustained by
any person, persons, firm or corporation caused by or connected
with the exercise of rights or the discharge of obligation by
the GRANTEE hereunder. If requested by the GRANTOR, the
GRANTEE, at its own expense, cost and risk shall defend and
pay all costs, including attorneys' fees, of any and all suits
or other legal proceedings that may be brought or instituted
against the GRANTOR, or any such claim or demand, and pay and
satisfy any judgment that may be rendered against them in any
such suit or legal proceeding or the amount of any compromise
or settlement that may result therefrom.
5. GRANTEE shall maintain liability insurance on
subject property in an amount acceptable to the City Manager.
Such policy shall name the CITY OF EVANSTON as an insured and
shall specifically include the hold harmless provisions of this
easement agreement.
6. The GRANTEE shall use the premises for no other
purposes than stated herein. GRANTOR hereby reserves unto
itself and to all public utilities owning public service
facilities such rights -of -way, easements and license rights to
equipment presently installed and located on the premises and
further reserves the right of ingress and egress for the
maintenance, renewal, repair, removal and reconstruction
thereof.
7. Any additions or improvements made pursuant to
this agreement shall remain for the benefit of the GRANTEE'S
heirs, successors and assigns. In the event GRANTEE violates
any provisions of this agreement, GRANTOR may direct the
removal of such additions and improvements made pursuant to
terms of this agreement and GRANTEE shall remove same at its
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own cost and shall restore the premises to a condition equal to
that at the time of initial grant of easement.
8. This grant of easement shall inure to the benefit
of and be binding upon the respective heirs, successors and
assigns of the parties named herein.
WITNESS the hands and seals of the parties hereto,
GRANTOR: CITY OF EVANSTON GRANTEE: FIRST AMERICAN
INVESTMENT CORPORATION
in
Joel M. Asprooth
City Manager
ATTEST:
City Clerk
Date:
I'm
ATTEST:
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PLAT OF AN1LI R T
0 er Liliryston Stroet and Green Bay flood described as follows Commencing at the Southeast corner of Lot 3 r Bloch
2D in North PI nston r in Cook County, Illinois, according to the mop thereof recorded December 17, 1660 as Document No,
IB753, thence Easterly an the Southerly line of 6aid Lot 3 extended L67 ft.; thence gortiurly on a line Losterly of the Easterly
lines of Lots 1, 2 and 3 in said Block 20,(ihrou h a point 1.37 ft. Eayte►ly of the Northeast corner of Lot 1 oa the Narth line
of Said Lot 1 extended Easterly for a distonce of 154.91 ft to a Point on a line 5.0 ft. Northerly of the Iortherly line of Lot 1 aforesaid ;
thence westerly on a line 5.0 ft. Northerly of the North line of Lot 1, 124.67 ft. to a Point on the Westerly line said Lot 1 extended
Northerly ; thence Southerly 5.01 ft. to the Northwest corner of said Lot 1 > thence Easterly on the North line of said Lot; 1, )22.95 ft.
to the Northeast corner thereof ; thence Southerly on the Easterly line of Lot 1, 2 end 3 aforesaid , 149.91 ft. to the place of beginning.
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STATTOF ILLINOIS)
COU:i"_Y OF COOK ) SS
Approved and accepted by the City Council of the
City of Evanston. Cook County, Ill!.nois, this
_�jL-5tiuLl—iLol
S
STATE 0. ILLINOIS)
COUL'TY OF COOK ) SS
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We, B. A. Suhr & Company, do hereby certify that we have
prepared this Plat o: Easement from Official Records and
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