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HomeMy WebLinkAboutORDINANCES-1985-093-O-858/20/85 C, • t * AN.ORDINANCE Authorizing the Easement of a Portion of the Public Right -of -Way at 845 Dodge Avenue WHEREAS, the City of Evanston owns real property as set forth in Exhibit A, incorporated herein by reference, which is a portion of the public right-of-way at 845 Dodge Avenue, 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, Allen S. Liss, Allan N. Niederman and Jack I. Heller, beneficiaries of Trust Number 8513, Old Orchard Bank, Skokie, Illinois, and owners of the property located at 845 Dodge Avenue, Evanston, Illinois, have requested an easement of said portion of the public right-of-way at 845 Dodge is Avenue for the sole purpose of installation of landscaping to conform with all standards set forth by the City of Evanston and for no other purpose; 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 a grant of easement agreement by and between the City of Evanston, Illinois, as grantor, and Allen S. Liss, Allan N. Niederman and Jack I. Heller, beneficiaries of Trust Number 8513, Old Orchard Bank, Skokie, Illinois, as grantees, for a portion of the public right-of-way at 845 Dodge Avenue, 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 marked as Exhibit B ii 8/20/8ti 93-0-85 attached hereto and incorporated herein by reference. SECTION 2: The City Manager is hereby authorized to negotiate any additional conditions of the grant of easement • agreement for the aforesaid property as may be determined to be in the best interests of the City. SECTION 3: This ordinance shall be in full, force and effect from and after its passage, approval and publication in the manner provided by law. Introduced: L��cQ.%�o�� 1985 Adopted: �L 2�' 9 1985 Approved:1985 Sy.� ,dam Mayor pro tem ATTEST: • _t City Clerk App oved as to for , orporation Counsel -2- GRANT OF EASEMENT The CITY OF EVANSTON, a municipal corporation (hereinafter referred to as "GRANTOR"), for One and no/100ths Dollar ($1.00) and other good and • valuable consideration, receipt of which is hereby acknowledged, hereby grants to ALLEN S. LISS, ALLAN N. NIEDERMAN and JACK I. HELLER, beneficiaries of Trust Number 8513, Old Orchard Bank, Skokie, Illinois, and owners of property at 845 Dodge Avenue, Evanston, Illinois (hereinafter referred to as "GRANTEES"), an easement for nineteen (19) years to a portion of the public right-of-way at 845 Dodge Avenue, Evanston, Illinois, 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 845 Dodge Avenue, Evanston, Illinois. Said easement is legally described and set forth in Exhibit A attached hereto an incorporated herein by reference. 2. Said easement described in Exhibit A is granted to GRANTEE for the sole purpose of 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 GRANTOR. 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 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 account of damage to property sustained by any person, persons, firm or I 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 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. -2- WITNESS the hands and seals of the parties herein this day pf 1985. GRANTOR: CITY OF EVANSTON GRANTEES: By By ATTEST: Joel M. Asprooth Allen S. Liss City Manager City Clerk By Allan N. Niederman Jack I. Heller -3-