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HomeMy WebLinkAboutRESOLUTIONS-1984-087-R-8411/14/84 • • • M-WHIM A RESOLUTION �1 Authorizing the City Manager to Enter +; Into an Easement Agreement with the Chicago Transit Authority WHEREAS, the Chicago Transit Authority as part of its city-wide Howard -Dan Ryan project plans to commence construction on a new rapid transit bridge located over Chicago Avenue; and WHEREAS, an easement is required to excavate, construct, operate, maintain, renew or remove four surface piers required in connection with said overhead rapid transit bridge; and WHEREAS, said CTA Howard -Dan Ryan project is advantageous to the citizens of the City of Evanston; and WHEREAS, the Chicago Transit Authority will provide suitable indemnification to the City and its officers for such easement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager of the City i of Evanston is hereby authorized and I directed to negotiate and enter into an Easement Agreement for the property as described in Exhibit A on the terms and conditions as set forth in the Easement Agreement, Exhibit B. SECTION 2: The City Manager is further authorized to negotiate any additional terms which are in the best interests of the City of Evanston. SECTION 3: This Resolution shall be in full force and effect from and after its i passage and approval in the manner provided by law. - M o --- ATTEST: Y / City Clerk Approved: `j'/�D_)/-�iy o7C� 1984. Or. The Four Surface Pier Encroachments are located, with areas defined, as follows: Part of the North half of Section 30, Township 41 North, Range 14 East of the Third Prime Meridian, described as follows: Commencing at a point of intersection of the Northeasterly line of Chicago Avenue with a line that is 134.00' North of (measured at right angles to) and parallel with the South line of the North half of Section 30; Thence North 11° Ol' 27" along the said Northeasterly line, a distance of: • For .Pier 1. 759.00' to the first Point of Beginning, thence continuing North 11° Ol' 27" west along said Northeasterly line a distance of 6.25', thence west at right angles to said northeasterly line for 0.625' (7-1/2"), thence continuing south and parallel to said northeasterly line for 6.251, thence east at right angles to said northeasterly line*for 0.625' (7-1/2") back to the first point of beginning; For Pier 2. 805.51' to the second Point of Beginning, thence continuing North 11° O1' 27" West along said northeasterly line a distance of 6.25: thence west at right angles to said northeasterly line for 0.625' (7-1/211), thence continuing south and parallel to said northeasterly line for 6.251, thence east at right angles to said northeasterly line for 0.625' (7-1/2") back to the second, point of beginning; For Pier 3. 887.95',and 66.00' West at right angles to said Northeasterly line to the Third Point of Beginning, thence continuing North 110 O1' 27" West and parallel to said northeasterly line a distance of 6.251, thence east at right angles to said northeasterly line for 0.625' (7-1/2"), thence South and parallel to said northeasterly line for 6.251, thence west at right angles to said northeasterly line for 0.625' (7-1/2") back to the third point of beginning; For Pier 4. 943.76',and 66.00' West at right angles to said northeasterly line to the Fourth Point of Beginning, thence continuing North • 11° O1' 27" West and parallel to said northeasterly line a distance of 6.251, thence east at right angles to said northeasterly line for 0.625' (7-1/2"), thence South and parallel to said northeasterly line for 6.251, thence west at right angles to said northeasterly line for 0.625' (7-1/2") , back to the fourth point of bPgi.r�ing- ; With all Four Surface Pier Encroachments located in Cook County, Illinois. FN " , ;1. EASEMENT The Grantor, City of Evanston, an Illinois municipal corporation, in consideration of the sum of One Dollar ($1.00) and other valuable considerations, receipt of which • is hereby acknowledged, hereby gives and grants to Chicago Transit Authority, a municipal corporation, its successors and assigns, an easement to excavate, construct, operate, maintain, renew or remove four (4) surface piers required in connection with the new overhead rapid transit bridge upon, over, under, across and along the public street of the Grantor with surface pier encroachments as described on Exhibit A and drawn on Exhibit B, dated October 9, 1984, both exhibits by this reference made a part hereof. The Grantee, Chicago Transit Authority, a municipal corporation, for and in consideration of the granting of the aforesaid easement by the City of Evanston does hereby agree to indemnify, save harmless and defend the City of Evanston, its officers, agents, servants, and employees and each of them against and hold the City of Evanston and them harmless from any and all lawsuits, claims, demands, liabili- ties, losses and expenses, including court costs and attorney's fees for or on account of any personal or bodily injury or any death at any time resulting from such injury or any damage whatsoever to any property which may arise or be alleged to have arisen out of or in connection with the excavation, construction, operation, maintenance, renewal or removal of four (4) surface piers. 4 EXHIBIT B - 2 -_ • IN WITNESS WHEREOF, the Grantor, City of Evanston, has caused this instrument to be executed on its behalf and its corporate seal to be affixed hereto this day of , 1984. City of Evanston, an Illinois municipal corporation ATTEST: By Joel Asprooth City Manager Sandra Gross City Clerk State of Illinois County of Cook I, the undersigned, a Notary Public in and for the said County and State aforesaid, do hereby certify that Joel M. Asprooth, City Manager of the City of Evanston, and Sandra W. Gross, City Clerk of said corporation, personally known to me to be the same persons whose names are subscribed to the fore- going instrument, appeared before me this day in person and acknowledged that they signed and delivered said instrument as their own free and voluntary act and as the free and voluntary act of said corporation for the uses and purposes therein set forth; and the said City Clerk then and there acknowledged that she, as custodian of the seal of said corporation, did affix the seal to the foregoing instrument as her free and voluntary act and the free and voluntary act of said corporation, for the uses and purposes therein set forth. Given under my hand and notarial seal this day of , 1984. Notary Public 0 • _R07Z._z 41, O 'Date -Sheal-NO Chicago Transit Authority - Facilities Engineering and Maintenance Drvw n