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HomeMy WebLinkAboutRESOLUTIONS-1986-025-R-86_ 5/8/86 s ' 2'S-R-86 I A RESOLUTION Release of Right -of -Way WHEREAS, the City of Evanston, under the Illinois t Constitution of 1970, is a home rule unit of government; and • ' WHEREAS, the City of Evanston under a deed dated July 4 17, 1897 and recorded as Document 2752997, was granted a reservation of the right of the public to use as streets and highways certain portions of the following legally described property: Lot 1 of Banbury Consolidation being a consolidation of Lots and parts of lots and vacated streets and alleys in Grover and Pitner's Addition to Evanston being a ? subdivision of the Southwest 1/4 of the Northeast 1/4 of 1 the Northwest 1/4 of Section 24, Township 41 North, Range i 13; in Pitner's Third Addition to Evanston being a subdivision of the Southeast 1/4 of the Northeast 1/4 of is ?� the Northwest 1/4 of Section 24, Township 41 North, Range 13; also the Chicago and Northwestern Transportation Company right of way in the Northeast 1/4 of the Northwest 1/4 of said Section 24; together with part of the North f 1/2 of the Northeast 1/4 of the Northwest 1/4 of Section ?; 24, Township 41 North, Range 13, East of the Third Principal Meridian, also providing for a certain street E dedication, in Cook County, Illinois; and j WHEREAS, the City of Evanston has never exercised It such reservation and has abandoned same; and WHEREAS, said reservation is no longer necessary or i� in the best interests of the City; and WHEREAS, said reservation imposes a hindrance to the commercial development of said property; and WHEREAS, a retail shopping development center is proposed for real property which includes the parcel for which this reservation exists; 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 of Evanston be and hereby is authorized, empowered and directed to execute a release of the reservation of right as set forth in 0 Document 2752997. SECTION 2: That such release shall be in substantial conformance with the proposed release attached hereto as Exhibit A. ' .:i#:�'T't"'i""« .'`-'r"S.2ri.t't; ;`a'Fa','�w,�...,, ..':".`.b--+%. «c,`f: ��--' .- _•,`.''?x.��,*`;._.. .., _. 4��, :A - :'. - - ., ... !:-3.:, ae .ib=�•4:.� :ti w:y?,'R';•a a3�,'`�"'W.. N 'i..r.a.s,eti.' 1:,:.,,.,,a,.. �:;;w.^]::s r- k•.-.:•- _ x„' ,`y—:i+u, _- _ .. 25-R-86 SECTION 3: That the City Manager is hereby authorized and directed to negotiate any additional terms or conditions on said release as may be determined to be in the best interests of the City. r. • i �}-` Mayor ATTEST: I� City Clerk ff; ADOPTED: e �, 1986 1 RELEASE THIS RELEASE'is executed this day of April, 1986, by and .. on behalf of the City of Evanston, a Municipal Corporation of Cook County, Illinois. RECITALS A. Pursuant to reservation in a deed dated July 17, 1897 (the "Deed") from Horace G. Chase and others to Roger B. McMullen, which Deed was filed for record on November 12, 1898, with the Recorder of Deeds of Cook County, Illinois, as Document No. 2752997, certain rights of use by the public for street and highway purposes were reserved over certain portions of the real estate • described in Exhibit A hereto attached (the "Subject Property"). B. That portion of the Subject Property which was reserved for public use, pursuant to the Deed, formerly adjoined Crain Street in the City of Evanston, County of Cook and State of Illinois. C. Crain Street has been previously vacated and is no longer used for public purposes and therefore any reservations in the Deed in favor of the public for use of said portion of the Subject Property for streets and highways is of no further import or consequence to the public or to the City of Evanston. 0 ervO4119lT ea • LOT 1 OF BANBURY CONSOLIDATION BEING A CONSOLIDATION OF LOTS AND PARTS OF LOTS AND VACATED STREETS AND ALLEYS IN GROVER AND PITNER'S ADDITION TO EVANSTON BEING A SUBDIVISION OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION"24, TOWNSHIP 41 NORTH, RANGE 13; IN PITNER'S THIRD ADDITION TO EVANSTON BEING A SUBDIVISION OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13; ALSO THE CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY RIGHT OF WAY IN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 24; TOGETHER WITH PART OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO PROVIDING FOR A CERTAIN STREET DEDICATION, IN COOK COUNTY, ILLINOIS. 0 Exhibit "A" • 4 • D. Pursuant to resolution of the Council of the City of Evanston at a meeting held on ApriloZ91 1986, a copy of which is'hereto attached as Exhibit "B",.it was resolved that -the City of Evanston would release and relinquish all rights reserved or granted to°.it and to the public, ,pursuant to the Deed, over and across any portion of the Subject Property. NOW THEREFORE, in consideration of the foregoing recitals and for other good and sufficient consideration, the receipt and sufficiency of which is hereby acknowledged by the City of Evanston, and pursuant to resolution of the Council of the City of Evanston, as aforesaid, the City of Evanston does hereby now and forever release and relinquish any rights, powers, or privileges • granted or reserved to it and to the public pursuant to the Deed, over, across, or under all or any portion of the Subject Property. IN WITNESS WHEREOF, this Release has been executed on this day of April, 1986. Attest. Ci Clerk 0 CITY OF EVANSTON By (4�4 Joel Aspro'bth, City Manager • STATE OF ILLINOIS ) ) SS COUNTY OF COOK • ) I, the undersigned, a Notary Public, in and for the county and State aforesaid, DO HEREBY CERTIFY, that Joel Asprooth personally known to me to be the City Manager of the City of Evanston and Kirsten Davis personally known%to me to be the City Clerk of the City of Evanston, 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 City Manager and City Clerk, they signed and delivered the said instrument and caused the corporate seal of said city to be affixed thereto, 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 and deed of said city for the uses and purposes therein set forth. /Given under my hand and official seal, this -2 � day of "�1�.�.i � 1986. , Notary Plublic This instrument was prepared by Robert W. Newman, 180 North LaSalle Street, Suite 3800, Chicago, Illinois 60601.