HomeMy WebLinkAboutRESOLUTIONS-1989-045-R-89n
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A RESOLUTION
GRANTING TO COMMONWEALTH EDISON COMPANY
AN EASEMENT FOR THE PROVISION OF ELECTRICAL SERVICES
TO THE CHURCH STREET PLAZA
WHEREAS, the City Council of the City of Evanston
finds that it would be advantageous to, and in the best
interest of, the City of Evanston, to grant an easement to
Commonwealth Edison Company to facilitate provision of
electric service to the Church Street Plaza structure, now
under construction,
WHEREAS, the City has negotiated to such ends with
Commonwealth Edison Company;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
Section 1: That the City Manager is hereby
authorized and directed to sign
and the City Clerk is hereby authorized and
directed to attest on behalf of the City of Evanston,
an agreement with Commonwealth Edison Company on
terms in substantial conformance with Exhibit A,
attached hereto.
Section 2: The City Manager is hereby authorized
to negotiate any additional terms of
this easement agreement as may be determined to be
in the best interest of the City.
Mayor
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ATTEST:
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City Clerk
ADOPTED : ,
,1989
Exhibit A
EASEMENT AGREEMENT
This Agreement made this day of 1989,
by and between the City of Evanston, Illinois, a home rule
• municipal corporation, as Grantor, and Commonwealth Edison
Company, an Illinois Corporation, as Grantee, to wit:
WHEREAS, Grantor is the owner of certain property,
legally described as follows:
THE CITY OF EVANSTON'S CONSOLIDATION OF ALL THAT
PART OF LOT 1 IN PLAT OF CONSOLIDATION OF THE
SOUTH 12 FT. OF LOT 3 AND ALL OF LOTS 4, 5, 6,
7, 8, 9, AND 10 TOGETHER WILL ALL THAT PART OF
LOT 2 AND LOT 3 (EXCEPT THE SOUTH 12 FT. THEREOF),
ALL IN BLOCK 14, IN EVANSTON, IN THE EAST HALF
OF SECTION 18, TOWNSHIP 41 NORTH., RANGE 14, EAST
OF THIRD PRINCIPAL MERIDIAN, RECORDED MAY 6,1987,
AS DOCUMENT 87242663, IN COOK COUNTY, ILLINOIS,
COMMONLY KNOWN AS THE EAST SIDE OF CHICAGO AVENUE
BETWEEN CLARK STREET AND CHURCH STREET, EVANSTON,
ILLINOIS.
WHEREAS, there exists a certain segment of the
aforesaid property, legally described as follows:
THE EASTERLY TEN (10) FEET OF THE CITY OF EVANSTON'S
+, CONSOLIDATION OF ALL THAT PART OF LOTS 4, 5, 6, 7, 8,
• 9, AND 10 TOGETHER WITH ALL THAT PART OF LOT 2 AND
LOT 3 (EXCEPT THE SOUTH 12 FT. THEREOF), ALL IN
BLOCK 14, IN EVANSTON, IN THE EAST HALF OF SECTION 18,
TOWNSHIP 41 NORTH, RANGE 1,4, EAST OF THIRD PRINCIPAL
MERIDIAN, RECORDED MAY 6, 1987, AS DOCUMENT 87242663,
-- IN COOK COUNTY, ILLINOIS, HEREINAFTER REFERRED TO
AS THE "EASEMENT PROPERTY,"
Under which the Grantee is desirous of making a certain
construction,
WHEREAS, a structure commonly known as Church Street
Plaza is under construction on Chicago Avenue between Clark
Street and Church Street; and
WHEREAS, the provision of electric service to said
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Church Street Plaza is a matter of necessity; and
WHEREAS, said electric service will be provided by
means of underground cables and other equipment; and
WHEREAS, said cables and equipment are most reasonably
• located under that property described herein as the "easement
property";
1
NOW, THEREFORE, in consideration of the various
covenants contained herein and other good and valuable
consideration, receipt of which is hereby acknowledged, it is
agreed by the parties as follows:
1. Grant: Grantor hereby grants and conveys to Grantee,
• its successors and assigns, an easement to construct,
operate, maintain, renew, relocate and remove, from
time to time, wires, cables conduits, manholes,
transformers, pedestals and other facilities used in
connection with underground transmission and distribu-
tion of electricity, together with right of access to
the same and the right, from time to time, to trim
or remove any trees, bushes and saplings and to clear
obstructions from the surface and subsurface as may
be reasonably required incident to the grant herein
- given, in, over, under, across, along and upon the
surface of the easement property. The easement is shown
on the attached sketch marked "Exhibit I" and made a
part hereof.
2. Limitations:
a. Grantee, its successors, grantees, agents,
and assigns, in performing the work necessary to
carry out the purposes for which this easement
is granted, shall not interfere with or obstruct
pedestrian or vehicular traffic in Evanston
without first having notified the City of
Evanston Engineering Department ("Department")
as to the date and time when such obstruction
will exist and without having first obtained
consent from the Department. Such consent shall
t unreasonably interfere with the follow of
• pedestrian or vehicular traffic.
b. In performing its work, Grantee, its
successors, or assigns will cause no
permanent interference with, or obstruction to,
public or private property, other than that expressly
provided for herein. In the event that temporary
obstruction is necessary, Grantee will notify the
Department in a timely manner and obtain consent
therefrom, which consent shall not be unreasonably
withheld. The Department shall have the right
to require that Grantee give notification to any
person or persons who may be affected by such
temporary obstruction. The Grantor may require Grantee
to make interim restoration as needed.
C. Grantee shall not make, or cause to be
made, any construction on, in, above, or under
the easement property except as described in
Exhibit 1 and permitted by his easement.
d. Grantee shall not undertake any excavation
without the prior consent of the Public Works
Department of the City of Evanston, which
consent shall not be unreasonably withheld. All
work shall be'done in accordance with
requirements of the Public Works Department.
• This easement shall not be assigned without the
express written consent of Grantor authorized by
its City Council.
e. Grantee will obtain a City of Evanston Street
Obstruction Bond and any other bonds, permits,
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license and the like necessary to meet all applicable
state, federal or local governmental unit
requirements.
3. Indemnification: Grantee, for and in consideration of the
granting of the aforesaid easement by Grantor, 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,
liabilities, 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 construction, operation, maintenance, renewal,
removal or relocation of said electronic transmission,
poles, wires, cables, conduits, manholes, transformers,
pedestals, and other equipment appurtenant thereto, used in
connection with overhead and underground transmission of
electricity.
4. Term: This easement agreement shall be in effect for so
long as Grantee or its assigns provide electrical service
to the Church Street Plaza structure. Should this
structure cease to exist for any reason, Grantor and
Grantee, or their respective assigns or successors in
interest, may extend this agreement by execution of a
document of equal formality.
5. Severability: If any of the promises, conditions, or terms
of this instrument shall be found void or unenforceable for
whatever reason by any court of law or equity, Grantor and
Grantee agree and intend that every other promise,
condition, or term herein set forth shall remain valid and
binding, provided further, that in such event, Grantor and
Grantee agree to the fullest extent possible to modify such
promise, condition, or term to the extent required in order
to carry out the general intention of Grantor and Grantee
and to impart validity to such promise, condition, or term.
6. Completeness of Agreement: The making, execution and
delivery of this easement by the Grantor have been induced
by no representations, statements, warranties, or
agreements other than any contained herein. This agreement
contains the entire understanding of the parties and there
are no further or other agreements or understandings,
written or oral, in effect between the parties, their
officers, agents, representatives and employees, relating
to the subject matter hereof. This easement may be amended
or modified only by an instrument of equal formality,
signed by the duly authorized officers of the respective
parties.
7. Delivery of Notice: Any notice required or permitted
hereunder shall be in writing and shall be delivered via
certified mail, addressed to then parties as follows unless
otherwise indicated in the future:
If to Grantor:
-- If to Grantee:
City Manager
Evanston Civic Center
2100 Ridge Avenue
Evanston, Illinois 60204
Area Manager
Commonwealth Edison
1000 Skokie Blvd.
Northbrook, Illinois 60062
Notice shall be deemed given on date of mailing.
K3
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IN WITNESS WHEREOF, the parties have executed this
Easement Agreement at Evanston, Illinois, the date and year
first above written.
COMMONWEALTH EDISON COMPANY
• By: Seal
Title:
0
CITY OF EVANSTON
COOK COUNTY, EVANSTON, ILLINOIS
By: Seal
Title:
Instrument prepared by Ellen Szymanski,
Assistant Corporation Counsel,
City of Evanston, Illinois 60204
4
EXHIBIT
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SERVICE ENTRANCE LOCATION SKETCH S.E.R. !
THIS INFORMATION FOR THE ELECTRICAL CONTRACTOR AND/OR ARCHITECT PROPOSED
FOR Chum-h STt FF-T PLA -2: A - I ( ELELT21C
J Roor1 } I
Chlcgtio AuFr B¢.•I,.Jte�-/ �hvrch d• e-1-A-0-K EVA(JSTokJ '
FOR A CONNECTED LOAD OF K W LIGHT. AND H P AND —� SPECIAL C li 1 CA G 0 AVE,
427. KtU:� A J av' 1CU.1: 1-6ce,
AND ESTIMATED TOTAL MAKIMUM DEMAND Of K W. ,
FOR CLASS OF sus,NESS PE, t.0FpJCE- T 6ALAO&C SERVICE VOLIAGE 480Y/Zl7v ✓ 208y/�Zov --
1
The electrical contractor should secure Ine approval of the appropriate Municipal Authority and mull conform to the fir � � � � � � � ' � � ��1-a1• ` • ` � ` ~ !
Commonwealth Edson Company's Book of Information and Requirements for it,, supply of Electric Service. SOUTH ' , NORTH
Tole lec•Ilpn is Conlingent upon there beinp no objection to crossing adjacent properly with felvite wiles 11 necessary.
LOCahon given . Im load shown above, and any change m load may requite Change in location.
Customer's underground conduit should not be installed m advance of Commonwealth Edison Company's conduit. BUILD I N G It BUILDING
Approval of this *AI*Aardn will constitute customer's approval of service location as shown below - [-'A'
` AC.
E. Co. TO: (As Chocked) CUSTOMER TO: (As Checked)
r F'i7r"T Install• Own, And Maintain Trans- is Provide Grade Within 4" Of Finished �PVQ L ! 1t \'�jR(C �LEC..-•
lormera Grade Before C. E. Co. Starts Work.
`A
y- 2 Install, Own. And Maintain Primary Wire Install, Own. And maintain Transformer Found-
Or Cable. .y 8 alion Per C. E. Co. Spec C57h,(-. D Inc.Al CS26L-.3
Front OI Foundation To Face I.1,-r4 Lu_.Z a-�" -=t{_c;rt'r�. _, :a. -;,t^ - - - 1 •-- a -- J
o ndalion
im3 Trench 30" Deep And Rough Sock•
Fill. PrM9Install, Own. And Maintain Secondary Cable L - +
To C. E. Co. Transformer.
install. Own, And Maintain 4 1G _ (t�
4 Set(a) Of "1 Secondary Service T o 1 Install. Own, And Maintain Vehicular Barriers ) NoTF,S' "u•
Cagle C. E. Co. To Food Into Building Per C. E. Co. Specification C5295. �; f - = ,.•�
Cuss. TO Pull LOC. A :.?Iz ITOv '�YL-aoV`
Install Service Attach. At Bldg. Of SufficientLOCA. LOC. /3
Furnish Lugs And Connect Secondary 1 T Height As To Maintain Min. Service Drop U NCTES : Y i
M At Transformer. Customer To Furnish Height of 18' • 0 r No7E5:
Crt�
Lugs And Connect At Switch- (LOC .Ale) T r [E 0112 O C Q
Extend Service Entrance Conduit(s) A Min- J )
8 MUInstall, Own. And Maintain Trans- F imum Of 2 Feet Into Undisturbed Earth Out•
®�110 O ID U I
former Pad. aide Building Wall. ;
Project Superintendent Phone The Commonwealth Edison Service Route As Indicated Is Free And Clear Of All Underground ,
Obstructions Such As. Sewer Lines. Waist Lines, Drainage Tde, ETC., Unless Otherwise In- LEGEND : -
dicaled. �T PROPC6EO CE CO. TnALi5i0l.ME C O CLLSJC11Ek TO I NSTALL , OWN, AiQ5 7
• - SHORT CIRCUIT CURRENT LOCATION PLAN FOR PP.oPosEO PaDl�ouu�EL S.JiTCN:.a�%+(� NAlnrTat), SECOIJQ•�r'.Y CorJDUT1`
The snort circuit current which can be delivered Isom ELECTRICAL FACILITIES CE- C.O. - -1
Commonwealth Edison Company's system. calculated It APPROVED BY: ❑ E,.ISTieac� cE.co. li A.:V �\E 4rJh( CuS.TOT-tE.� SaJITGI{GE AL !
'he
Ilraf poml(s) of connection between Edson-o L e2 .�
faclDif and those of Cr,i1a(N 5"•�cr.i TJ �E. GJ. T,tAfJSf=il.C1--fE.r2. -
ExisTa/.1G cE.co, D.ki 5 !I. COIJDQJT, 'To COTE,L TAA(JSFOj<.MCi _
_ tcuslomer'e name) �
such point(s) being situated _ a- Ljwvc Z4,p,u_sir•• CA-%iE /
rArt _ I�.•>D A� ShOw'l. /N GE. C.c7, Slc`L (
at Sr(nlJP,a CY fi `+shi.I-.S Dr TL.'-- :'.lo r,-v:L y STONER DATE ' - - - — E %I5TirJL-A Cv EZt(Eap 1,0 LruE 52 jjh, j
oso RnP ' Lk
9 jj A"(:�--Ci-1 � iamparas symmelncd rose 3gnus. •t I
2oE+Yltlov � LnC A 'i
4B�Ir'.TTv �bvoila. COMMONWEALTH EDISON COMPANY-
Ths electrical characteristics of circuits used in extend- DIVIS1Qs( ENGINEERING DEPARTMENL
1.9 from the al antroned pmnI(•) and Those of your �:.✓ cii,� •i/ y �iG : `- _ . = r ? _ _ .. .- - - .. '
rolatme equ of o tffed Iha short circuit duty sm• 11- �y� /2�23�p� _ *': t • - .. .
possd on you off facilities. eY ��[[)--^^•�C. 11 v L- .. _. _. _ _ ... .. - _ .... -
ENGINEER DATE �'- r'=
e suppeIhsl Ihq information be conveyed to the do- �.: ,i,*_°. -.
Wd - _ • -
.i..i.,.cl_,E� >- .._
• v.lam to enable him to specify . _... ExTFNc,riN .. . _ _. ..
t