HomeMy WebLinkAbout072-R-23 Authorizing the City Manager to Sign a License Agreement – Roadway and an Easement Agreement – Water Main with Evanston Builders Lumber Co. d/b/a Evanston Lumber Company10/23/2023
72-R-23
A RESOLUTION
Authorizing the City Manager to Sign a License Agreement – Roadway
and an Easement Agreement – Water Main with Evanston Builders
Lumber Co. d/b/a Evanston Lumber Company
WHEREAS,the City of Evanston is the legal owner of real property
located on Custer Avenue north of Main Street (“City’s Parcel”); and
WHEREAS, Evanston Builders Lumber Co. d/b/a Evanston Lumber
Company (“Evanston Lumber”) operated a lumber yard in the vicinity of the City’s
Parcel; and
WHEREAS, Evanston Lumber currently utilizes a portion of the City’s
Parcel for its operations and has installed a gate across said Parcel in order to restrict
access to a portion of said Parcel; and
WHEREAS, Evanston Lumber has requested a license from the City in
order to formalize its use of the City’s Parcel, and staff recommends that the City agree
to grant the license, subject to the terms and conditions of the License Agreement –
Roadway, attached hereto as Exhibit A; and
WHEREAS, Evanston Lumber is the legal owner of real property located
west of Custer Avenue and north of Main Street (“Evanston Lumber’s Parcel”); and
WHEREAS, the City operates a water treatment plant in northeast
Evanston and supplies water to its residents with necessary water main infrastructure
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located throughout the City of Evanston. Periodic maintenance, repairs, and
improvements are done on the water mains to keep them in proper working condition. If
a water main lies below private property, the City must arrange for an easement to
perform the necessary maintenance, repair, or improvement work; and
WHEREAS, the City has requested an easement from Evanston Lumber
in order to construct a new water main to connect with the City’s existing water main
and Evanston Lumber has agreed to grant such easement, subject to the terms and
conditions of the Easement Agreement – Water Main, attached hereto as Exhibit B.
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The foregoing recitals are hereby found as fact and
incorporated herein by reference.
SECTION 2: The License Agreement – Roadway and the Easement
Agreement –Water Main are hereby approved and the City Manager is hereby
authorized and directed to execute both agreements, copies of which is attached hereto
as Exhibit A and Exhibit B and made a part hereof.
SECTION 3: The City Manager is hereby authorized and directed to
negotiate any additional conditions of the Agreements as may be determined to be in
the best interests of the City.
SECTION 4: All prior ordinances, resolutions or motions, or parts of
ordinances, resolutions, or motions in conflict with any of the provisions of this
Resolution shall be, and the same are hereby repealed to the extent of conflict.
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SECTION 5: This Resolution and every provision thereof shall be
considered severable. If any section, paragraph, clause, or provision of this Resolution
is declared by a court or law to be invalid or unconstitutional, the invalidity or
unconstitutionality thereof shall not affect the validity of any other provisions of the
Resolution.
SECTION 6: This resolution shall be in full force and effect from and after
its passage and approval, in the manner provided by law.
_______________________________
Daniel Biss, Mayor
Attest:
______________________________
Stephanie Mendoza, City Clerk
Adopted: __________________, 2023
Approved as to form:
_______________________________
Alexandra B. Ruggie, Interim Corporation Counsel,
October 9
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EXHIBIT A
LICENSE AGREEMENT - ROADWAY
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Luke Stowe
City Manager
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October 25
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Luke Stowe
City Manager
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License & Easement Agreement with Lumber Yard
License Agreement w Lumber Yard.pdf and 1 other
60bc84bde5f0c8c4bcea1470542c54be1df1f52d
MM / DD / YYYY
Signed
10 / 24 / 2023
14:45:00 UTC-5
Sent for signature to Luke Stowe (lstowe@cityofevanston.org)
from dstoneback@cityofevanston.org
IP: 66.158.65.76
10 / 24 / 2023
15:20:27 UTC-5
Viewed by Luke Stowe (lstowe@cityofevanston.org)
IP: 12.156.26.182
10 / 25 / 2023
09:09:49 UTC-5
Signed by Luke Stowe (lstowe@cityofevanston.org)
IP: 73.22.112.51
The document has been completed.10 / 25 / 2023
09:09:49 UTC-5
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