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Home My WebLink AboutORDINANCES-1984-146-O-8411/29/84 AN ORDINANCE Authorizing the Easement of a Portion of the Public Right -of -Way Adjacent to • 2230 Noyes Court (Also Known as 825 Noyes 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 adjacent to 2230 Noyes Court (also known as 825 Noyes Street), 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 appropraite, 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, Peter Douvakis and Thomas Douvakis, owners of the property located at 2230 Noyes Court (also known .as 825 Noyes Street) have requested an easement of said portion of the public right-of-way adjacent to • 2230 Noyes Court (also known as 825 Noyes Street); i NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF I EVANSTON, COOK COUNTY, ILLINOIS: I SECTION l: 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 Peter Douvakis and Thomas Douvakis, as grantees, for a portion of the public right-of-way adjacent to 2230 Noyes Court (also known as 825 Noyes 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 as Exhibit B attached hereto and incorporated • herein by reference. SECTION 2: The City Manager is hereby authorized to negotiate any i' 11/29/84 146-0-84 ' additional conditions on 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. i Introduced:'c�^C„�-f <-L_ ,5' 1984 Adopted:1984 • n U ATTEST: A'' City Clerk I Approved as to form: I' Corporation Counsel i Approved: L U 1984 00— � May -2- • • GRANT OF EASEMENT The CITY OF EVANSTON, a municipal corporation (hereinafter referred to as "GRANTOR"), for One and no/100ths Dollars ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby grants to PETER DOUVAKIS and THOMAS DOUVAKIS, owners of the property at 2230 Noyes Court (also known as 825 Noyes Street), Evanston, Illinois (herein- after referred to as "GRANTEES"), an easement for nineteen (19) years to a portion of the public right-of-way at 2230 Noyes Court (also known as 825 Noyes Street), Evanston, Illinois, owned by GRANTOR and designated in Exhibit A attached hereto pursuant to the following terms and conditions: i, 1. Subject property is a portion of the public right-of-way located at 2230 Noyes Court (also known as 825 Noyes Street), Evanston, Illinois, which address is legally described as follows: Over all that part of the West 3.0 feet of Noyes Court lying East of and adjoining Lot 8 in Owner's Resubdivision of Blocks 2, 5 and 6 in Orrington Addition to Evanston in the Southwest quarter of Section 7, Township 41 North, Range 14 East of the Third Principal Meridian, in the City of Evanston, Cook County, Illinois. Subject property is designated on Exhibit A, attached hereto and incorporated herein by reference, as "Planting Easement". 2. Said easement, three feet (3') by two hundred feet (200') in its I entirety, is granted to GRANTEES for the sole purpose of landscaping and for I 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 GRANTEES shall maintain and repair said premises in a good state of repair, appearance and order corresponding to the standards that i; apply to public grounds otherwise owned by the City. GRANTEES 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. GRANTEES 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 i� � 4 any injury to or death of any person or persons whomsoever, including I employees of the GRANTEES, of carriers, and of the GRANTEES' subcontractors, or on account of damage to.property sustained by any person, persons, firm or corporation caused by or connected with the exercise of rights or the j • I discharge of obligation by the GRANTEES hereunder. If requested by the GRANTOR, the GRANTEES, at their own expense, cost and .risk shall defend and i. 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 proceedings or the amount of any compromise or settlement that may result therefrom. i Ij 5. GRANTEES shall maintain liability insurance on subject property i 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 GRANTEES 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 I premises and further reserves the right of ingress and egress for the �i maintenance, renewal, repair, removal and reconstruction thereof. 7. The additions or improvements made pursuant to this agreement I� shall remain at the election of the GRANTOR for the benefit of the GRANTOR, its successors, heirs.and assigns. At the termination of this easement !� agreement, the GRANTOR may elect either: (a) to accept back the easement i premises in the condition as improved.by the GRANTEES; of (b) to require the GRANTEES to remove all additions and improvements at its own cost and restore the premises to a condition equal to that at the time of initial grant of easement. In the event GRANTEES violate any provisions of this agreement, GRANTOR may terminate this easement upon thirty (30) days written notice to • GRANTEES. In the event of such termination, the conditions concerning restoration of the easement premises as set forth herein shall apply. -2- E • • 8. This grant of easement shall inure to the benefit of and be 'binding upon the respective heirs, successors and assigns of the parties i ,:named herein. i� WITNESS the hands and seals of the parties herein, as of the j;date of this grant of easement stated above. I; 'f GRANTOR: CITY OF EVANSTON i By: $oel M. Asp `oth City Manager I! li H ATTEST: City Clerk ;! Date: o2a I (j State of Illinois: ) j! County of Cook SS GRANTEES: PETER DOUVAKIS THOMAS DOUVAKIS By By :X ATTEST: X Date: I ;I Sworn and subscribed before me by Peter Douvikis and Thomas. Douvi.kis. this 11th day of January 1985. I� r� David S. Gagen Nagy Public i ;y Commission Expires March 10, 1981 -3- PLAT OF PLANTING EASEMENT` �' 1 ! . .•cr al: •v- rar: _. .e ;ex, _.: :ee: .;c es c . - 'as, a a_ I _ ..C• : '.e!' 7'.ar-er .._ `v.— -. of V•'a'.: rr• a .e as _ ` •. I -mat �'_ 4 • I— 1 1 v 1 I i I Q IJ l t 1 '^ a v LA 1 7 NO -YES'- - -- - - - .-- - -- ---- - -- _ '-poroced and accev ed .. a "_.. of the _•aLe .° ::Iz.cis'�y _: i� •:a :s'Or..�:K :oun•:, =11:^nie. _. �.• :_ c.� J ?: `..ere-- .. _ _ certl•• r-at -we .a't :Te?a:CL ;f ':I' of .�Ase-e . fr-- -":c-al rec r•.s a- -r lass :f rve:: and a: r .:a: ' ere.: 'raw: is a ecrrect represerrari,- !i said rec-rds. : ✓ated t-in I :+th..�d aay of -.oven=er• Registered :Illinois ar.d r_rve-or- 3.-2232 l� is ii