HomeMy WebLinkAboutDeclaration of Easement at 425 Dempster StreetThis document was prepared by
and after recording should be
returned to:
Steven D. Friedland
Applegate & Thorne -Thomsen, P.C.
322 S. Green Street, Suite 400
Chicago, Illinois 60607
DECLARATION OF EASEMENTS
This Declaration of Easements (this "Declaration") is made as of the ?da day of
4P,:1 . 2010, by and between The City of Evanston, a home rule unit of local
government located in Cook County, Illinois (the "City"), and Chiaravalle Montessori
School, an Illinois not -for -profit corporation ("Grantee").
WITNESSETH:
WHEREAS, the City and Grantee executed a Purchase Agreement dated as of
September 1, 2009 (the "Purchase Agreement") whereby the City agreed to sell and
Grantee agreed to purchase the property commonly known as 425 Dempster Street,
Evanston, Illinois, which is more particularly described on Exhibit A attached hereto and
made a part hereof (the `Benefited Property"); and
WHEREAS, the City owns record title to Curry Park which is directly adjacent to
the Benefited Property and which is more particularly described on Exhibit B attached
hereto and made a part hereof (the "City Property"); and
WHEREAS, the Purchase Agreement contemplated that the City may grant
certain easements to Grantee over and across the City Property in order to continue to use
and occupy the Benefited Property and to permit Grantee to complete certain
improvements to the Benefited Property, including but not limited to the construction of a
new addition to the existing improvements in substitution of the existing building
addition; and
WHEREAS, contemporaneous with execution and delivery of this Declaration,
the City is conveying the Benefited Property to Grantee in accordance with the Purchase
Agreement
96231.4
To that end, the parties hereto agree as follows:
1. Maintenance and Construction Easement. The City hereby grants to
Grantee, from time to time, a non-exclusive easement under, over and through the City
Property for the purpose of allowing Grantee to maintain, repair, replace and construct
existing and future improvements located on the Benefited Property (the "Construction
Easement"). The Construction Easement shall be subject to the following terms and
conditions:
a. At least thirty (30) days prior to Grantee's use or occupation of any of
the City Property pursuant to the Construction Easement (except in the
case of emergency where subsequent notice shall be permitted),
Grantee shall send written notice to the City Manager detailing the
scope and manner of Grantee's use and occupation of the City
Property. Grantee shall use reasonable efforts to minimize Grantee's
use of the City Property for the Construction Easement.
b. The Construction Easement shall include the right of Grantee to (i)
stage construction materials and equipment used in connection with
the maintenance, repair, replacement and construction of
improvements located on the Benefited Property and (ii) to enter upon
such portions of the City Property as may be reasonable and necessary
to effectuate the purpose of the Construction Easement.
2. No Build Easement. The City hereby grants to Grantee a non-exclusive
easement under, over and through the City Property (the "No Build Easement") and
hereby covenants to not build or erect any improvements on that portion of the City
Property shown on Exhibit C, attached hereto and made a part hereof, and described as
the "No Build Easement" (the "No Build Easement Area"). The purpose of the No
Build Easement is to ensure that the existing and future improvements located on the
Benefited Property will comply with required setbacks from other structures imposed by
the Evanston Building Code. Subject to the terms of this Declaration, the City reserves
and retains the right to use and occupy the No Build Easement Area so long as no
improvements are located on the No Build Easement Area that would cause any
improvements on the Benefited Property to violate the setback from other structure
requirement imposed by the Evanston Building Code.
3. Other Easements. The City hereby grants to Grantee a non-exclusive
easement under, over and through the City Property (a) to permit Grantee, its guests,
invitees, students and faculty ingress to and egress from the Benefited Property, (b) to use
the City Property as a park in common with the general public, and (c) for all utility
facilities located under, over and through the City Property as of the date hereof and
connected to the Benefitted Property (and any replacements thereof) which provide the
Benefitted Property with utility services.
2
4. Storm Water Easement. The City hereby grants to Grantee a non-
exclusive easement under, over and through the City Property (the "Storm Water
Easement"), for storm water detention and discharge through the storm water detention
system and sewer line to -be -installed by Grantee in connection with future improvements
to be located on the Benefited Property (the "Storm Water Facilities"). The Storm
Water Facilities will be located within an approximately Y, 000 square foot area of
the City Property (for the detention vault or pipes) and include a connection to the sewer
main located in Hinman Avenue, which area (the "Storm Water Easement Area") shall
be designated by Grantee in writing to the City at such time as Grantee proceeds with the
development of any future improvements on the Benefited Property, subject to the City's
approval of such location, which approval will not be unreasonably withheld, conditioned
or delayed. The City acknowledges that those portions of the City Property shown cross-
hatched on Exhibit D, attached hereto and made a part hereof are acceptable locations for
the Storm Water Facilities. The Storm Water Easement shall include the right to enter in
a reasonable manner upon adjacent and contiguous property outside of the Storm Water
Easement Area as shall be reasonable and necessary for the purpose of access to the
Storm Water Area to exercise the rights and perform the obligations as set forth herein.
Grantee shall perform, at its sole cost and expense, any installation, maintenance, repair
and replacement of the Storm Water Facilities. Should Grantee fail to maintain, repair
and replace the Storm Water Facilities and such failure shall adversely affect the City
Property or endanger persons using the City Property, then the City shall have the right,
upon ten (10) days prior written notice to Grantee (except in the case of emergency where
subsequent notice shall be permitted), to maintain, repair and/or replace the Storm Water
Facilities. Grantee shall reimburse the City for the City's reasonable costs and expenses
arising out of the City's maintenance, repair or replacement of the Storm Water Facilities
undertaken in accordance with this Section 4.
5. Restoration of Easement Area. In the event Grantee damages or disturbs
any portion of the City Property in its exercise of the easement rights granted by this
Declaration, Grantee shall restore in a timely manner, at its sole cost and expense, such
portion of the City Property to a condition as good as that which existed prior to such
damage or disturbance.
6. Notice. Any notice required by this Declaration shall be in writing and
addressed to the other party at the address set forth in the signature block for this
Declaration. Any notice shall be given by either: (i) personal delivery in which event it
shall be deemed given on the date of delivery; or (ii) certified mail return receipt
requested in which event it shall be deemed given three (3) business days after the date
deposited in any post office, branch post office, or official depository; or (iii) via
facsimile transmission, provided a copy of the facsimile transmission is also mailed to the
recipient via first class mail, postage prepaid. The date of delivery for a facsimile
transmission shall be the date of the transmission.
7. Termination and Release of Easements. The easements granted pursuant
to this Declaration shall remain in full force and effect in perpetuity until released or
terminated. The easements granted pursuant to this Declaration shall be terminated in the
3
event the improvements located on the Benefited Property are demolished or destroyed,
provided, however, such easements shall not terminate if Grantee intends to rebuild or
replace such improvements and proceeds with such rebuilding or replacement within a
reasonable period of time.
8. Indemnity. Grantee shall indemnify and hold the City harmless from and
against any and all liability, loss, damage, costs and expenses (including reasonable
attorney's fees) including but not limited to injury to person or death or property damage
or claim of lien, arising out of this Agreement as a result of the negligent or wrongful act
of the Grantee or the Grantee's employees, agents, contractors, subcontractors, suppliers
and materialmen.
9. Insurance. Grantee, at its sole cost and expense, shall maintain and keep
in effect comprehensive commercial general liability insurance in the minimum amount
of $2,000,000, covering, without limitation, any liability for personal injury, bodily injury
(including, without limitation, death) and property damage arising out of Grantee's acts,
omissions and use of the City Property pursuant to this Declaration. All general liability
policies of insurance required herein shall name the City as an additional insured.
10. Successors and Assigns. This Declaration shall be binding upon and inure
to the benefit of the parties hereto and their respective successors and assigns.
11. Counterparts. This Declaration may be executed in counterparts, each of
which upon such execution shall be deemed an original.
[remainder of page left blank intentionally]
M
SIGNATURE PAGE
The City and Grantee have caused this Declaration to be executed and
delivered as of the date first above written.
The City:
City of Evanston, a home rule unit of local
government looc�at/ed� in Cook County, Illinois
By: A
Name:Wally Bobkiewicz
Its: Citv Manager
Address:
City of Evanston
2100 Ridge Avenue
Evanston, IL 60201
Attention: City Manager
Grantee:
Chiaravalle Montessori School, an Illinois
B Y' ^^�.
�� not -for -profit corporation
By, e
Name: Uill Greer Name:. Bonnie Maslana
Its: Trustee
Its: Director of Finance & Operations
Address:
Chiaravalle Montessori School
425 Dempster Street
Evanston, IL 60201
Attention: Head of School
5
STATE OF ILLINOIS )
) ss.
COUNTY OF COOK )
Ds
I, p�ll?li7Pl&�opN RPNKE �allotwy Public, in and for said County, in the State
aforesaid, DO HEREBY CERTIFY THAT Wally Bobkiewicz, City Manager of the City
of Evanston, is personally known to me to be the same person whose name is subscribed
to the foregoing instrument as such City Manager, appeared before me this day in person
and acknowledged that he signed and delivered said instrument as his own free and
voluntary act and as the free and voluntary act of said company, for the uses and purposes
there set forth.
GIVEN under my hand and official sea]) this 14- day of 1S tit_
2010.
My Commission Expires:
STATE OF ILLINOIS)
) SS
COUNTY OF COOK)
1, r�. A)6 Fi a b a Notary Public in and for said county, DO
HEREBY CERTIFY that Tl I (CZrecr, Trusf� of Chiaravalle Montessori
School, an Illinois not -for -profit corporation, personally known to me to be the same
person whose name is subscribed to the foregoing instrument, appeared before me this
day in person and acknowledged that he signed and delivered said instrument as his free
and voluntary act for the use and purposes therein set forth.
GIVEN under my hand and official seal this o?11*%;ay of /4 Pk(L
2010.
(a
Public
My Commission Expires:
v
OFFICIAL
,GRETA WINGFIELU
N P'ublic, State ofittinois
9a r Iq zOtz
State of Illinois )
) SS.
County of Cook )
I, &W4 , a Notary Public in and for said County in the State aforesaid,
do hereby certify that Bonnie Maslana, the Director of Finance and Operations of Chiaravalle
Montessori School, and personally known to me to be the same person whose name is subscribed
to the foregoing instrument as such officer, appeared before me this day in person and
acknowledged that she signed and delivered such instrument as her own free and voluntary act,
and as the free and voluntary act of the corporation, all for the uses and purposes set forth
therein.
Given under my hand and notarial seal on this o?Ye6day of April, 2010.
06*'yPublic
My Commission Expires: [SEAL]
LGF
FICL: S' Z t
EXHIBIT A
BENEFITED PROPERTY
LOT 2 IN THE CHIARAVALLE SUBDIVISION, BEING A SUBDIVISION OF LOTS
10 THROUGH 15 IN BLOCK 37 OF EVANSTON IN THE SOUTH EAST %< OF
SECTION 19, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS,
Commonly known as 425 Dempster, Evanston, IL
PIN:
(formerly PINS 11-18-419-032c8001
11-18-419-032-8002
11-18-419-033-8001
11-18-419-033-8002)
A-1
EXHIBIT B
CITY PROPERTY
LOT I IN THE CHIARAVALLE SUBDIVISION, BEING A SUBDIVISION OF LOTS
10 THROUGH 15 IN BLOCK 37 OF EVANSTON IN THE SOUTH EAST ''A OF
SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
Commonly known as Curry Park at Dempster and Hinman, Evanston, IL
PIN:
(formerly PINs 11-18-419-030-8001
11-18-419-030-8002
11-18-419-031-8001
11-18-419-031-8002)
B-I
ER. MIT C
NO BUILD EASEMENT AREA
C-1
AI
HINMAN AVENUE
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EXHIBIT D
STORM WATER EASEMENT AREA
D-1
HINMAN AVENUE
No BuaO EASEMENfi'
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I,oq� \�. I CONNECTIONSTORM RATION OF
BURS, fACCETPABLE EASE ENT
ORM WA LOCATION
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NO BUILD 1 _,� fi � L l �( ■
EASEMENT I
:'M1IM1:IIYG FwOr:)91i.1; i :;I'1a" 1
.D EASEMENT � ALLEY
ICHIARAVALLE MONTESSORI SCHOOL ERIKSSEIN
@v7ENGINEERING
EXHIBIT D I I m ASSOCIAcEsµgN
425 Dempster Street 4
Evanston, Illinois "`®