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Home My WebLink AboutRESOLUTIONS-1982-050-R-8210/22/82: 50-R-82 i A RESOLUTI014 ' Approving the Intergovernmental Transfer of Certain Easement Rights to the Northwest Water Commission WHEREAS, the Northwest Water Commission ("the Commission") is a public corporation and. Illinois water commission organized for the public purpose of acquiring and operating a common source of supply of water for its member municipalities and.other customers; and WHEREAS, the City of Evanston ("Evanston") is an Illinois municipal corporation and a member of the Commission; and WHEREAS, Evanston owns certain real estate hereinafter described; and WHEREAS the Commission desires that the corporate authorities of. Evanston.grant, convey and dedicate to the Commission an easement to construct,! install, operate, repair and maintain the Commission's water transmission main_in, upon, under, along and across the real estate hereinafter described, pursuant to the authority conferred by "An Act in relation to the transrer s .,a of interests in real estate owned by units of local government or school districts," approved July 2, 1925, as amended (Ill. Rev. Stat. ch 30; section 156 et seq.); and'. I WHEREAS, the Commission has passed and approved its Ordinance No. 82-10 being "An Ordinance Requesting the Intergovernmental Transfer .� I Of Certain Easement Rights from the City of Evanston, dated August 31st, 1982, �j i declaring that it will be necessary and convenient for it to use and.occupy •+ .• the hereinafter described real es'tate for the public purpose of acquiring' ' Iand operating its common source of supply of water, and, in particular, the construction, installation, operation, repair and maintenance of a water.' transmission main; and WHEREAS, the corporate authorities of the City of Evanston desire '" �to grant, convey and dedicate to the Commission an easement for such public . purpose, , �I f NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Ij,,IEVANSTON, COOK COUNTY, ILLINOIS, AS FOLLOWS:. t 1.GN SECTIO14 1: The Mayor and Clerk of the City of Evanston be, and they are•hereby, authorized to execute and attest an "Easement Agreement" granting, conveying and dedicating to the Commission an easement to construct, install, operate, repair and maintain .its water transmission main in, under, along and across the following described property. Parcel A: That part of the 1022 feet East and of adjoining the West 1 Rod of the'North 148 feet South of Lincoln Street of the North 1/2 of the North 1/2 of the Southwest 1/4 of Section 7, Township 41 North, Range 14, East of the Third Principal Meridian (except that part falling within the West part thereof, being 619.47 feet on the North line and 529.89 feet on the South Line, as measured from the West Line of the Section conveyed to the Sanitary District) falling within a strip of land 20 feet in width and lying 10 feet on each side of the following described center line: commencing .at the intersection of:a* line 148 feet South of and parallel with the South Line of Lincoln Street with the East line of said Land conveyed to the Sanitary District; thence N. 33°-19'-36" E. along said East line of land conveyed to the Sanitary District, a distance of 35.65 feet to the Place of Beginning of said center line; thence N. 680-33'-37" E., a distance of 135.00 feet; thence S. 870-56-23" E., a distance of 140.00 feet; thence N. 700-28'-15" E., a distance of 171.55 feet, more or less, to a point of termina- tion on the South Line of Lincoln Street (100 feet wide), as same '" was originally laid out, said point being 352.02 feet S. 87°-51'-55" E. from the intersection of said South Line of Lincoln Street wit" the East Line of said lands conveyed to the Sanitary District, said strip of land being bounded at the West by said East line of land conveyed to the Sanitary District and at the Northeast by said South Line of Lincoln Street, in Cook.County, Illinois. Parcel B.- That part of lot 1 in Plat of Consolidation of part of the West 1/2 of the Southwest 1/4 of fractional Section 7; Township 41 North, Range 14, East of the Third Principal Meridian according to -Plat thereof, recorded April 10, 1980 per Document No. 254 20 794 de- scribed as follows: Beginning at the Southeast Corner of said ,Lot 1; thence N. 87°-5l'-55" W. along the South Line of said Lot 1, a distance of 27.09 feet; thence N. 70°-28'-15" E., a distance of 24.90_.feet to a point on the East Line of said Lot 1, which is 10:00�feet Northwesterly of the Southeast corner of said Lot 1, thence S. 210-06'-20" E. along said East Line to the Place of Beginning, all -An Cook County,I1.1inois. Parcel C: That part of the South 180 feet of the North 280 feet'of the South- west 1/4 of Section 7, Township 41 North, Range 14, East of the Third Principal Meridian; which lies West, -of Ridge Road, falling within a strip of land, 20 feet in width and lying 10 feet on each side of the following described center line: Commencing at -the in- tersection of the West line of said Ridge Road with a line 60 feet Northeasterly of and parallel with the center line of the Right - of -Way of the Milwaukee and St. Paul Railway Company as described in Document 634 8495;.thence N.. 21°-06'-20" W. along said Easterly. -2- 50-R-82 li �. Right -of -Way Line of said Railway a distance of 43.33 feet to the Place of Beginning of said center line, thence N. 700-28'-15" E. a distance of 34.78 feet, more or less to a point of termination on 11 the West Line of Ridge Road which is 54.81 feet Northeasterly of (i the Place of Commencement, said strip of land being bounded at the West by said Easterly Railway Right -of -Way line and the East by !I the West Line of Ridge Road, all in Cook County, Illinois. Ithe form of said Easement Agreement being attached hereto and.by this ';reference incorporated herein and made a part hereof. 'I • j! SECTION 2: This Resolution shall be in full force and effect 11from and after its Passage, by a favorable vote of two-thirds of the cor- � porate authorities; and approval in the manner -provided by law. 1 ATTEST: i Ci ty Cl erk ,- Adopted: m 7S 1982. • THIS EASEMIENT AGREEMENT, made this day of 1962, by and between the CITY Or EVA.NSTON, -an Illinois municipal corporation (hereinafter referred to as "Evanston") , and the NORT-HWEST 1•7ATER CO^2MISSION,. an Illinois political subdivision and water commission (hereinafter referred to as the "Commission") , W I T N E S S E T H: WHEREAS, the Commission is constructing a Lake Michigan water Supply System to serve a,s a common source of supply of . water for its member municipalities and other customers; and WHEREAS, the eater Supply System includes a water trans- mission main extending from the Commission's source of suvoly in .Evanston to the receiving reservoirs of its .member municipali- ties; and 'v.'�F�EREAS, Evanston will serve as the Commission's sup- plier of Lake Michigan water; and WHEREAS, Evanston owns certain real estate in which the aforesaid water transmission main is to be located, which real estate-is'legally described and depicted in Exhibit A attached he and by this reference incorporated herein and made apart hereof and which real estate shall be hereinafter referred_, to as the "Easement Premises"; NOW, THEREFORE, in consideration of the fore -going and for .other.: good. and valuable consideration, the receipt of which is hereby ac.knawledged, the parties hereto mutually, agree as fol- ,.,. + lows: e r� 1. Evanston hereby grants, conveys,. and dedicates to the Commission an easement to construct, install, operate, repair, and maintain the Commissio.n's water transmission main in, upon, under, along and across the Easement Premises. 2. The Commission agrees to restore the Easement Premises to its former condition if disturbed or altered in any manner by construction, installation, operation,, repair or ma-in- tenance of the water transmission main. 3. The Commission hereby recognizes the rights of Evanston . to use the Easement Premises in any manner that will not prevent or in with the exercise by .the Commmission of the rights granted, conveyed and dedicated hereunder;provided, how- ever., that the -water transmission main shall not at any time be disturbed, damaged, destroyed, injured or obstructed, nor shall the Easement Premises be obstructed, in any manner whatsoever without the exare,ss prior written consent of the Commission. 4. The Co;n�ission agrees that it will save, hold harm- less and defend Evanston from all damages, costs or liabilities which may arise out of or as a consequence of the negligence of I. -he Commission or its authorized agents, servants or emvloyees in constructing, installing, operating, repairing or maintaining the water transmission main. ... 5. This Agreement shall become effective immediately upon its execution by the parties and shall continue in force and effect for a period of forty (40) years from the date of first delivery of water from Evanston to .the Commission under that certain "'Water Supply Contract Between the Northwest Water Com- mission and the City of Evanston" dated *;arch 4, 1981, and shall be -renewed automatically at ten (10) year intervals thereafter for so long as Evanston continues to supply water to the Commis- sion. '6. All rights, title and privileges herein granted, including all benefits and burdens, shall run with the land and be binding upon and inure to the benefit of the parties hereto and their respective grantees, successors, assigns and legal 5' rer>resentatives. ;s,, - 2 - IN —E SS WH =RLOt tfle uartles ne:e to hc': e CZU£?G -,-his instru,-ne.nt to be executed by their proper officers duly autho. ized to execute the same.. CITY Or VP.NSTON 1_.TTE f : I�i7 r 1 U NORT 3WEST 4;?:TER COMMISSION J OF „L1�\J1S SS COjNN i t OF C 0 0K ) a iota ry Public in and for said County., in the mate foresail, do hereby certify that personally known. to me to be the Mayor of the City of Evan 7�:L an Illinois muni- cipal corporation, and ,�/�'' i� l/� a /-� , personally known to me to be the Clerk of said municipal corpora- tion, and personally known to me to be the same persons whose names are subscribed to .the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Mayor and C1er*k, they signed and delivered said instrument as Mayor and Clerk of the .City of Evanston pursuant to authority given by the City Council. of the City of Evanston, as their free and voluntary act and as the free and voluntary act of said municipal corporation for the' uses and purposes therein- set forth. Given under my hand and official seal the & day of —v 1982. Z�L Notary p4zlic My Commission expires: M , �4 • S Or ILLli\C S SS 0: C C 0 K I,. a rotary Public in and for said CO:ntV, in the Sta.te'aforesaid, do hereby cerL,lfy that j;.-v.Es FbLZVVJL-RT, personally known to me to be the Executive Director of the Northwest Water Commission, an Illinois political subcivision and water com-mission, and personally known to me to be the same person whose name is subscribed to the_foregoinc instrument, appeared before me this day in person and acknow- ledced that as such Executive Director, he signed and delivered said instrument as Executive Director of the Northwest Water co -„mission, as his free and voluntary act and as the free and voluntary act of said Northwest Water Con*nission for the uses and purposes therein set forth. Given under my hand and official seal, the day of 1°82. My Commission Expires: Notary Public P. (850'• D) 0 850.26 ` MeaS.. _ `�Q' (F•1 lion P1pe Found HotrNcr h in Frintntnn 'nr1 At� (nf CutnL On L[n^ „ -- - - �f- --- - -- --- -- - - - - --. ,�� . -A— —' - --� ---'— --- - �. 1Iorth Linc o� Lot 4 �, :� 104 zo• / 48.60• - f North Line of the South Wcst 1d of ( North Line of Lot , lScc. 7.41 • IQ / 163.52' • R �� ---- Lnnd co, veycd t0 City. found lion Pipe r — C �51.5 \ • 0 ) oc /� •�" !' L_.� C;',.;...�:,t?� / 0 93 jr- rt'0'a v'1s'lml`�r�`t+;':=,.�I VNIron PrprJrrf,po _P0N Linc of Lincoln Avc. DocNo. 25�7073G �-Pa1t[t $ Parcel (_ S43. 06 r h'ec. � `sic Prtntt �c; �- tZp.� - - 54U. 2J ! llcns. I: x J �_ 127.7b H. �. 680. 11' Mcos. S �';� Found Conct etc Monument —---t•----. :,tom I 700 � - �- 0 1350.70 1•tros. 1351.14 •Kee c _ _ r -Found Irnp Pepe �0.30 West of Fence - J , . (I'OVcment) !y L �`-ca,�, 1.c.r - o r `-= Centei Ltne of Lincoln St j �� ' _y c V_ .. .. - - _ i. '•'ait j�'�.:1�'�\ v' 1. r0 -1 L 619.59 Mcn5. fburul Icon pt c 357.OP' (� �'� . (:III I �-Fiec.r P', (619.47'• D1 / '" ��' 7� \ jinn Pipc t o \ ( T Porcef A �'`a. tltos / - j 4; I~ �� Ilion Ptoc - O� ]ton fcp I / •, _ T idll.fln Iron Ptpe / o G o'ro 1 Acre LMCOLN - Iron Pipc ,, 4 t l CmIcr Linc of 20 rt. Easement for Wotcr Moin ............ Owriv : ity ti vanb on ^ i JO7t J1' 272 5 ` rcc. —.— --ram ••'--- 277�j` Mcps Mrm. •�• ' ` Potnl of_ Commencement 508. 48' ' ' 238.56 `: •-• — � L529.8)' • DA / 3 87'51'53" E. � c' Q �auth. Llnv of La 4 y = l f North Linc Of. the South� of, the North k of SW 4: or lract•l. -Sec. 7- 41 - 14 � �aSri•ol / M. S.87.51'55F_. I f Found Cone, Nonum nl`'4, t- Found CtoSs Nntch in 1:olk. 5 Cc Cast - \\\ N. Line erfcnocd CC Subdtviston No 1� Zq� N. Ilene nil Sub viStoI Doc.I 745 g983 01 monu ented ( 1: occi pied i 39 , monumented and occupied z, Lij } ! 'i r� ! •fii i I i ( '� �.' 1 �•t t •i,l I �� ( i?'qI i;). Jji N