HomeMy WebLinkAboutORDINANCES-1983-060-O-836/3/83
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60-0-83
AN ORDINANCE
Granting an easement to the Year 2003
to Jupiter-Orrington Corporation
for the Maintenance, Repair, Construction
or Operation of an Underground Tunnel in the
North -south Alley between
Sherman Avenue, Clark Street, Orrington Avenue
and Church Street
WHEREAS, the Jupiter-Orrington Corporation has requested an
easement of 12 feet by 20 feet in the north -south alley located between
Clark Street Church Street, Sherman Avenue and Orrington Avenue for
purposes of operating, maintaining, repairing or constructing an underground
tunnel between the hotel on Orrington Avenue and the parking garage to the j
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west; and i
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WHEREAS, the City Council of the City of Evanston had previously
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granted a lease to the aforesaid alley for the same purpose for a twenty year
;i period commending in December 1926, which grant has expired; and
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WHEREAS, the Jupiter-Orrington Corporation has agreed to indemnify
and hold harmless the City of Evanston and to maintain the subsurface and
surface of said alley about and adjacent to the aforesaid tunnel; and
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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,
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operation, maintenance and construction of said tunnel and does further find
ii that the available use of said tunnel will facilitate the economic viability
i�i of the hotel in question;
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I' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
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�k OF EVANSTON, COOK COUNTY, ILLINOIS:
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{ SECTION 1: That the City Council of the City of Evanston does
hereby authorize the City Manager to enter into an
6o-o-83
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;f easement to the year 2003, in return for the payment of $1,000.00 (ONE
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THOUSAND DOLLARS), from the Jupiter-Orrington Corporation and upon the
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further consideration that the grantee shall have executed a hold harmless
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agreement and provide insurance as required herein in Exhibit A attached.
Said easement shall be for the maintenance, operation, and construction of
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ii an underground tunnel in the location as set forth in the plat of survey
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attached hereto and incorporated by reference as Exhibit B, and can be
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extended for periods of 20 (TWENTY) years at a fee to be negotiated at
! the time of renewal. The Council further authorizes the City Manager to
I� enter into said easement and hold harmless agreement.
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Mayor 0
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ATTEST:,
I City Clerk/
Adopted: C?,t-yLC- c� 1 1983
;;Approved as to form:
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!i X61rporation Counsel
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Exhibit A
EASEMENT AND HOLD HARMLESS AGREEMENT
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f The City of Evanston, 2100 Ridge Avenue, Evanston, Illinois
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("Grantor"), an Illinois municipal corporation, its successors and assigns,
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fl in consideration of the sum of ONE THOUSAND DOLLARS ($1,000.00) and other
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good and valuable consideration, receipt of which is acknowledged, does
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hereby grant to Jupiter-Orrington Corporation ("Grantee"), a Illinois
corporation, its successors and assigns, for TWENTY (20) years from date
of passage of Evanston City Council Ordinance 60-0-83, an easement right
of way in, upon, under and across portion of the north -south public alley
between Clark, Sherman, Orrington and Church, legally described as follows
and further delineated on the,plat attached hereto as Exhibit A:
The south 12 feet of the north 89.61 feet lying below a horizontal
plane of 19.00, City of Evanston datum, and above a horizontal
plane of 9.00, City of Evanston datum of that part of the north -
south 20 foot wide alley lying south of the north line of Lot 2
extended west in block 16 in Evanston in the S.E. 1/4 of the
N.W. 1/4 of Section 18, Township 41 north, range 14, east of
the third principal meridian, in Cook County, Illinois.
This grant of easement and right of way is made by Grantor and
accepted by Grantee under the following terms and conditions:
1. That said easement and right of way shall be for the purpose
of operating, erecting, maintaining, reviewing, repairing,
constructing, or removing a twelve foot by,twenty foot
underground tunnel.
2. The said easement and right of way shall continue for
TWENTY (20) years so long as the aforestated structure
is maintained.
3. The aforesaid tunnel shall be erected or constructed, laid.
supported, designed, repaired or maintained solely at Grantees
expense and in such manner that the surface alley above it
shall be usable and safe for passage of pedestrians and vehicles,
trucks, and heavy equipment of any kind whatsoever.
4. Grantee, its successors and assigns, shall indemnify and hold
harmless the City of Evanston, its officers, agents and employees
for all claims, damages, and judgments of any kind and nature
arising out of the presence, construction, maintenance, use, repair
or removal of the aforesaid tunnel. Grantee will further indemnify
the City, its officers, agents and employees for all costs,
attorney's fees and other expenses arising out of any actions
brought against the City or its officers, agents or employees
alleging that damages were occasioned as a result of defects
on the alley surface above, or immediately adjacent to the
tunnel location and that such defective condition was a result
of the existence, maintenance or repair of the tunnel or its }
supporting structure. I
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! 5. The Grantee shall purchase an insurance policy with the
City as additional named insured, specifically covering
I. the liability described in this paragraph in a minimum
amount of THREE HUNDRED THOUSAND DOLLARS ($300,000.00)
j, for property damage, and ONE MILLION DOLLARS ($1,000,000.00)
bodily injury.
6. Said indemnifcation shall remain in effect until the year
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'+ 2003, or removal of the tunnel and full repair of the alley
subsurface and surface whichever occurs first.
I 7. The terms and conditions of the easement may be modified
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from time to time upon the consent of the parties.
8. This grant shall inure to the benefit of and be binding
upon the respective successors and assigns of the parties.
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�I 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.
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DATED THIS day of Jv l y 1983.
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CITY. OF EVANSTON, a municipal JUPITER-ORRINGTON CORPORATION
{.ccorporation
BY: ,` ; ��j BY:
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ATTEST: ATTEST:
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