HomeMy WebLinkAboutRESOLUTIONS-1991-063-R-910
7/16/91
63-R-91
A RESOLUTION
Authorizing the City Manager to
Grant an Easement in Eiden Park
WHEREAS, the City owns and has title to certain real
estate located in the City of Evanston, Cook County, Illinois,
legally described as follows:
Lots 5, 6 and 7 in Block 6 of Adams and Brown
addition to Evanston of that part of the
north 1/2 of the north 1/2 of the southwest
1/4 and Lots 5, 6 and 7 in Block 1 of Grove
Addition to Evanston of that part of the
north 1/2 of the south 1/2 of the southwest
1/4 and also the vacated portion of the
east -west alley just south of and adjacent to
aforesaid Lots 5, 6 and 7 of Block 6 of Adams
and Brown Addition all in the East 1/2 of the
southwest 1/4 of section 19, Township 41
• North, Range 14 East of the Third Principal
Meridian in Cook County Illinois,
commonly known as "Eiden Park"; and
WHEREAS, Sappho Naylor owns and has title to certain
real estate in the City of Evanston, Cook County, Illinois,
legally described as follows:
Lot 3 in owner's resubdivision of Lot 4 of
Block 6 of Adams and Brown's addition to
Evanston of that part of the north 1/2 of the
North 1/2 of the southwest 1/4 of section 19,
Township 41 North, Range 14 East of the Third
Principal Meridian in Cook County Illinois;
commonly known as 716 Washington Street; and
WHEREAS, the properties are in part contiguous to one
another so that the west line of Sappho Naylor's property forms a
portion of the east line of the City's property; and
63-R-91
• WHEREAS, the configuration of Sappho Naylor's property
is such that she does not have access to the alley from the rear
of her property; and
WHEREAS, a chain -link fence owned by the City exists
near the east line of the City's property; and
WHEREAS, the garbage cans which serve Sappho Naylor's
property are located in the east -west alley to the south of her
property; and
WHEREAS, without a gate in the aforesaid fence and
authority from the City permitting her to walk from the gate
through Eiden Park to the alley, Sappho Naylor's access to the
aforesaid garbage cans will be circuitous and inconvenient; and
WHEREAS, the City Council finds and determines that the
•
best interests of
the
City would be served by
allowing Sappho
Naylor to build a
gate
in the aforesaid fence
for the purpose of
accessing garbage cans in the alley to the rear of her property;
and
WHEREAS, the City Council finds and determines that the
best interests of the City and its residents will be served by
the granting of an easement to Sappho Naylor for the afore -
described purpose,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
EVANSTON, ILLINOIS THAT:
SECTION 1: That the City Manager is hereby authorized
and directed to sign, and the City Clerk
hereby authorized to attest on behalf of the City of Evanston, an
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63-R-91
• easement by and between the City of Evanston as grantor and
Sappho Naylor as grantee, for purposes of constructing a gate in
the City -owned chain -link fence that exists near the east line
of Eiden Park, for the purpose of accessing garbage cans in the
alley to the rear of Sappho Naylor's property at 716 Washington
Street. Said easement is to be for a term of five years, for
the consideration of the sum of one dollar ($1.00) and other
good and valuable consideration.
SECTION 2: The City Manager is hereby authorized and
directed to negotiate any additional terms
and conditions as he may determine are in the best interests of
the City.
SECTION 3: This resolution shall be in full force and
• effect from and after its passage,
approval, and publication in the manner provided by law.
MAYOR
ATTEST:
Deput Ily lerk
Adopted: 2 Z Z , 1991
U
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Easement
This Agreement made this day of , 1991 by
and between the City of Evanston ("City") and Sappho Naylor,
("Grantee") of the City of Evanston, County of Cook, and State of
Illinois.
Whereas, the City owns and has title to certain real estate
located in the City of Evanston, Cook County, Illinois, legally
described as follows:
Lots 5, 6 and 7 in Block 6 of Adams and Brown addition
to Evanston of that part of the north 1/2 of the north
1/2 of the southwest 1/4 and Lots 5, 6 and 7 in Block 1
of Grove Addition to Evanston of that part of the
north 1/2 of the south 1/2 of the southwest 1/4 and
also the vacated portion of the east -west alley just
south of and adjacent to aforesaid Lots 5, 6 and 7 of
Block 6 of Adams and Brown Addition all in the East 1/2
of the southwest 1/4 of section 19, Township 41 North,
Range 14 East of the Third Principal Meridian in Cook
County Illinois,
commonly known as "Eiden Park",
Whereas, Grantee owns and has title to certain real estate
in the City of Evanston, Cook County, Illinois, legally
described as follows:
Lot 3 in owner's resubdivision of Lot 4 of Block 6 of
Adams and Brown's addition to Evanston of that part of
the north 1/2 of the North 1/2 of the southwest 1/4 of
section 19, Township 41 North, Range 14 East of the
Third Principal Meridian in Cook County Illinois;
commonly known as 716 Washington Street; and
Whereas, the properties are in part contiguous to one
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• another so that the west line of Grantee's property forms a
portion of the east line of the City's property; and
Whereas, the configuration of Grantee's property is such
that she does not have access to the alley from the rear of her
property; and
Whereas, a chain -link fence owned by the City exists near
the east line of the City's property; and
Whereas, the garbage cans which serve Grantee's property are
located in the east -west alley to the south of Grantee's
property; and
Whereas, without a gate in the aforesaid fence and
authority from the City permitting her to walk from the gate
through Eiden Park to the alley, Grantee's access to the
aforesaid garbage cans will be circuitous and inconvenient; and
• Whereas, this agreement is made in consideration of the sum
of one dollar ($1.00) and other good and valuable consideration,
receipt of which is hereby acknowledged, and of the mutual
covenants, agreements, conditions, and stipulations contained
herein.
Now, therefore, this grant of easement is made by the City
and accepted by Grantee under the following terms and
conditions:
1. The City hereby grants to Grantee, personally and not
to her assigns or heirs, and not running with the land, for a
term of five years and not perpetually, the right to construct a
gate in the above -described chain -link fence and a non-exclusive
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easement
through Eiden
Park for
Grantee
and her family members,
tenants,
and servants,
on foot,
for the
sole purpose of ingress
and egress between said gate and the alley, over the most direct
path, for purposes of access to garbage cans located in the
alley.
2. The location and dimensions of the gate shall be
determined solely by the City.
3. Grantee upon demand, shall promptly reimburse the City
for the cost of repair of any damage to the fence caused by use
or construction of the gate.
4. Grantee shall obtain any and all required permits and
approvals from the City, at her sole cost.
5. In constructing, maintaining, or using the gate,
Grantee will cause no permanent interference with, or permanent
• obstructions in, Eiden Park.
6. The gate is to be equipped with a lock, and shall be
kept locked at all times when not in use.
7. Said easement shall continue for five (5) years or
for so long as the aforestated purpose is maintained. The
easement may be extended at the end of the five-year period, at
the City's sole option, if Grantee remains in title.
8. Grantee and others authorized by this Agreement shall
use no vehicle of any kind, whether motorized or not, upon,
along, and over the easement and right-of-way.
9. Grantee shall indemnify and hold harmless the City
from any and all loss, claims, damages, costs and judgments
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• caused by or arising out of this easement and the use of the
easement property and the gate.
10. The City reserves the right to use the easement
property in any manner not inconsistent with the rights granted
herein.
11. This Agreement grants to Grantee a right only in the
surface of the easement property. Grantee shall not make, or
cause to be made, any subsurface use or above -surface use or
installation and shall not break the surface of the ground or
cause it to be broken. Grantee shall not make, or cause to be
made, any installation on or over the surface.
12. Maintenance of the easement property shall be the sole
responsibility of the City. Grantee is expressly prohibited
from maintaining, or causing the maintaining of, the easement
• property.
13. This document contains the entire agreement of the City
and Grantee.
In witness whereof, the Grantor sets hand and seal hereto
this day of , 1991.
Attest:
Kirsten F. Davis
City Clerk
•
City of Evanston
By: Eric Anderson
City Manager
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