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Home My WebLink AboutRESOLUTIONS-1990-084-R-9012/6/90 84-R-90 A RESOLUTION • Authorizing the City Manager to Enter into an Easement Agreement with the Metropolitan Water Reclamation District of Greater Chicago WHEREAS, the Metropolitan Water Reclamation District of Greater Chicago ("District") is the owner of certain real estate legally described in Exhibit "A" of the Easement Agreement between the District and the City of Evanston ("City"); and WHEREAS, the City desires a 25-year easement to construct, maintain and remove three storm sewer outfalls to the North Shore Channel in the City; and WHEREAS, the District is willing to grant said easement; and WHEREAS, the City Council of the City of Evanston does find that said easement will not be detrimental to the • public use. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager be and hereby is authorized to enter into an easement agreement for twenty-five years with the Metropolitan Water Reclamation District of Greater Chicago for the construction, maintenance, and removal of three storm sewer outfalls to the North Shore Channel, marked as Exhibit A and attached hereto and incorporated by reference. SECTION 2: That 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. SECTION 3.•That this resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. 1 • ATTEST: City Clerk Adopted: %0 , 1990 Mayor 2 MGR:lmw 11/8/90 EXHIBIT A EASEMENT AGREEMENT THIS AGREEMENT, made and entered into this 1st day of November, 1990, by and between the METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, a Municipal corporation, organized and existing under the laws of the State of Illinois, hereinafter called the "District" and CITY OF EVANSTON, a municipal corporation, organized and existing under the laws of the State of Illinois, hereinafter called the "Grantee". WHEREAS, the Grantee desires a 25 year easement to construct, maintain, operate and remove three storm sewer outfalls to the North Shore Channel in Evanston, Illinois, as follows: 1. An easement 20 feet in width and 60 feet in length located south of Colfax Street at Jackson Street for a 36 inch storm sewer; 2. An easement 20 feet in width and 170 feet in length located east of Bryant Avenue and north of Central Street for a 36 inch storm sewer; and 3. An easement 20 feet in width and 120 feet in length located east of Asbury Avenue and north of Lincoln Avenue for a 42 inch storm sewer; as legally described and depicted in Exhibit "A" which is attached hereto and made a Fart hereof; and 'WHEREAS, the District is willing to grant to the Grantee the easement aforesaid, upon the conditions hereinafter set forth; NOV, THEREFORE, for and in consideration of the representations, 10covenants, conditions, undertakings, and agreements herein made, the parties hereto agree as follows: ARTICLE ONE . 1.01 The District hereby grants unto the Grantee a non-exclusive easement, right, privilege and authority for 25 years commencing on November 1, 1990 and terminating on October 31, 2015 to' construct maintain, operate and remove three storm sewer outfalls as follows: 1. An easement 20 feet in width and 60 feet in length located south of Colfax Street,at Jackson Street for a 36 inch storm sewer; 2. An easement 20 feet in width and 170 feet in length located east of Bryant Avenue and north of Central Street for a 36 inch storm sewer; and 3. An easement 20 feet in width and 120 feet in length located east of Asbury Avenue and north of Lincoln Avenue for a 42 inch storm sewer; as legally described and depicted in Exhibit "A" which is attached hereto and made a part hereof and for no other purpose whatsoever. 1.02 The Grantee covenants and agrees in consideration of the grant of said easement to pay to the District a one-time easement fee of ONE AND N01100 DOLLARS ($1.00). • 1.03 In addition to the aforesaid, the Grantee shall also pay, when due, all real estate taxes and assessments that may be levied, charged or imposed upon or against the easement premises described in Exhibit A, and submit to the District evidence of such payment within thirty (30) days thereafter. ARTICLE TWO 2.01 Grantee shall construct, install, operate, maintain and remove the said storm sewer outfalls to the North Shore Channel, the "improvements and facilities", in a good and workmanlike manner at its sole cost, risk and expense. - 2 - 0 • ARTICLE THREE. 3.01 The construction and installation of improvements and facilities of the Grantee on the subject premises shall be in accordance with the plans and specifications prepared at Grantee's expense and supplied to the District by Grantee. Construction and operation of said improvements and facilities are to be as unobstrusive.as possible and in harmony with the concept of the North Shore Revised Leasing Channel Criteria as depicted in Exhibit B which is attached hereto and made a part hereof. No work shall commence until said plans and specifications have been approved in writing by the Chief Engineer of the District. 3.02 The construction and installation of improvements and facilities of the Grantee on the subject premises shall be done to the satisfaction of the Chief Engineer of the District. ' 3.03 The Grantee shall compensate the District for any additional costs that the District may sustain in any future construction of sewers, reservoirs or any other surface or underground structures caused by the • improvements and facilities of the Grantee on the subject premises. 3.04 The Grantee shall relocate or remove the improvements and facilities existing or constructed upon the subject premises at no cost to the District: a. In the event that the subject premises are adjacent to any channel, waterway or reservoir, and said channel, waterway or reservoir is to be widened by the District or any other governmental agency; or b. In the event that any agency of government, having jurisdiction over said channel, waterway or reservoir requires the relocation or removal of said improvements and facilities; or C. In the event that said relocation or removal is required for the cleaning and removal of debris or for the corporate purposes of the District. Such relocation or removal shall be done within one (1) year after notice thereof is served in writing by the District upon the Grantee. The District shall not be liable for any loss, cost, or damage to the Grantee by 08s9n of such relocation or removal. - 3, - r ARTICLE : FOUR 4.01 The District expressly retains its interest in and rights to the use and occupation of the easement premises subject to the easement rights herein granted, and the District may grant further easements, assign, sell or lease the same to other parties subject to the Grantee's right of use and a reasonable means of access to said improvements and facilities for its construction, operation, relocation, maintenance�or removal. In addition, the District also retains rights.to the surface of the easement premises for use as a trail. 4.02 The Grantee shall be solely responsible for and shall defend, indemnify, keep and save harmless the District, its agents, officials and employees against all losses, damages, claims, patent claims, liens, suits, liabilities, judgments, costs or expenses which may in anywise accrue, directly or indirectly, against the District, its Commissioners, agents, officials or employees in consequence of the granting of this easement, or which may in anywise result therefrom or from any work done thereunder whether or not it Whall be alleged or determined that the act was caused through the negligence or omission of the Grantee or Grantee's employees, or of any contractor, subcontractor or their employees, if any, of the District, its Commissioners, agents, officials or employees, and the Grantee shall, at Grantee's sole expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and if any judgment shall be rendered against the District, its Commissioners, agents, officials or employees in any such action, the Grantee shall, at Grantee's sole expense, satisfy and discharge the same, provided that Grantee shall first have been given prior notice of the suit in which judgment has been or shall be rendered, Grantee shall have been given an opportunity to defend the same and the District shall have given Grantee its full cooperation. Grantee expressly understands and agrees that any performance bond or insurance protection required by this easement, or otherwise' provided by Grantee, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the District as herein provided. - 4 - • 5.02 The Grantee shall have the right to give the District written notice to cease and terminate all rights and privileges under this agreement. In the event of such termination, the Grantee shall have a period of one hundred twenty days (120) from and after such termination date to remove the improvements and facilities and to restore the land to its original condition at no cost to the District. The expiration of said removal period shall in no event extend beyond the expiration date of this Easement. 5.03 Grantee understands and agrees that upon the expiration of the 25-year term of this easement, Grantee shall remove or cause to be removed its improvements and facilities and any other things which Grantee has erected or placed upon said easement premises. Grantee further agrees to yield up said easement premises in as good condition:as when the same was entered upon by Grantee. Upon Grantee's failure so to do, the District may do so at the sole expense and cost of Grantee. ARTICLE SIX 6.01 The Grantee also agrees that if the District incurs any additional expense for additional work which the District would not have had to . incur if this easement had not been executed, then, in that event, the Grantee agrees to pay to the District such additional expense as determined by the Chief Engineer of the District, promptly upon rendition of bills therefor to the Grantee. 6.02 The Grantee covenants and agrees that it will reimburse the District, make all necessary repairs at its sole cost and expense and otherwise keep and save harmless the District from any loss, cost or expense arising out of the granting of this easement suffered to property of the District by way of damage to or destruction thereof, caused=by any act or omission of the Grantee, Grantee's agents, employees, contractors, subcontractors, or anyone else. 6.03 During the term of this easement, the District shall not be liable to the Grantee for any loss, cost or expense which the Grantee shall sustain by reason of any damage to its property or business caused by or growing out of the construction, repair, reconstruction, maintenance, existence, operation or failure of any of the sewers, structures, channels or other works or equipment of the District now located or to be constructed on said premises, or on the land of the District adjacent to said premises. • - 6 - r 4.03 The Grantee, prior to entering upon said premises and using the same for the purposes for which this Easement is granted shall prepare and transmit to. the District an acknowledged statement that the Grantee is a self -insurer, and that such statement is issued in lieu of certificates of insurance in which the District is a named insured, and that it has funds available to cover those liabilities inthe respective amouns therefor, as set forth as follows: i COMPREHENSIVE GENERAL LIABILITY Combined Single Limit Bodily Injury Liability and Property Damage Liability in the Amount of Not Less Than $3,000,000.00. This statement shall be signed by such officer or agent of the Permittee having sufficient knowledge, of the fiscal structure and financial status of the Grantee, tomake such a statement on behalf of the Grantee. 4.04 The Grantee, prior to entering into possession shall execute and lodge with the District, its indemnity bond in the sum of Five Thousand Dollars ($5,000.00), conditioned upon the performance of each and every condition of this Easement; such bond shall be in a form satisfactory to the Principal 0ttorney and approved by the Attorney. The furnishing of the bond required in this Article shall in no wise limit or affect the liability of the Grantee or its insurance carrier under any other provision of this Easement. ARTICLET FIVE 5.01 In the event of any default on the part of the Grantee to faithfully keep and perform all and singular the covenants, agreements and undertakings herein agreed by it to be .kept and performed, or if said improvements and facilities are abandoned, the District shall give the Grantee notice in writing of such default or abandonment; and if such default or abandonment shall not have been rectified within thirty (30) days after receipt of such notice by the Grantee, all rights and privileges granted herein by the District to the Grantee may be terminated by the District; and upon such termination the Grantee shall immediately vacate the easement premises and _.remove its improvements and facilities from said real estate and restore the land to its original condition, all at the sole cost of the Grantee. • - 5 - • i ARTICLE -SEVEN 7.01 Detailed plans,of subsequent construction or material alteration of said improvements and facilities shall first be submitted to the Chief Engineer of the District for approval. Work on such aforesaid improvements and facilities shall not begin until such approval is given to Grantee in writing. 7.02 Grantee shall obtain such permits as may be necessary from the Illinois Department of Transportation, the Corps of Engineers, U. S. Army, and any other governmental or regulatory body having jurisdiction over Grantee or its activities hereunder. 7.03 Any notice herein provided to be given shall be deemed properly served if delivered in writing personally or mailed by registered or certified mail, postage prepaid, to the District in care of the General Superintendent, 100 East Erie Street, Chicago, Illinois 60611, or to the Grantee in care of the City Manager, City of Evanston, 2100 North Ridge, Evanston, Illinois 60201, or to such other persons or addresses as, either party may from time to time designate in writing. ARTICLE`EIGHT 8.01 The Grantee, prior to entering upon said premises and using the same for the purposes for which this easement is granted, shall at Grantee's sole cost and expense obtain all permits, consents and licenses which may be required under any and all statutes, laws, ordinances and regulations of the Metropolitan Water Reclamation District of Greater Chicago, the United States of America, the State of Illinois, the County, and the city, village, town, or municipality in which the subject property is located, and furnish to the District suitable evidence thereof. 8.02 Grantee covenants and agrees that it shall strictly comply with any and all statutes, laws, ordinances and regulations of the Metropolitan Water Reclamation District of Greater Chicago, the United States of America, the State of Illinois, the County, and the city, village, town, or municipality in which the subject property is located, which in any manner affect this easement; any work done hereunder or control or limit in any way the actions of Grantee, its agents servants and employees, or of any contractor, subcontractor of Grantee or their employees. - 7 - • • . • • LINCOLN STREET STORM SEWER EASEMENT A 20 foot wide easement for ingress, egress, maintenance and construction purposes, over, along and across a portion of the right-of-way of the Metropolitan Water Reclamation District of Greater Chicago, the easement being completely within MWRDGC property lines, the centerline of said easement being described as follows: Beginning at a point on the west-line''of fractional Section 7,.said point lying 16.5 feet west of the east right-of-way line of Asbury Avenue, and 10 feet south of the north right- of-way line of Lincoln Street extended, and thence easterly parallel to the north right-of-way line of Lincoln Street to the westerly bank of the North Shore Channel, all in the west 1/2 of the SW 1/4 of Section 7, Township 41 North, Range 14 East of the Third Principal Meridian, in Cook County, Illinois. ...... .... . 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