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HomeMy WebLinkAboutRESOLUTIONS-1991-068-R-918/2/91 68-R-91 A RESOLUTION Authorizing the City Manager to Enter into an Easement Agreement with The Georgian to Allow Installation of Water and Electrical Lines WHEREAS, the City owns and has title to certain real estate located in the City of Evanston, Cook County, Illinois, legally described as follows: ALL THAT PART OF THE PUBLIC ALLEY IN BLOCK 25 IN VILLAGE OF EVANSTON IN THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS, commonly known as the north -south alley running from Grove Street on the south to Davis Street on the north, between Hinman Avenue on the west and Judson Avenue on the east; and • WHEREAS, The Georgian is licensed as a long-term care facility by the City and is located at 422 Davis Street in Evanston; and WHEREAS, The Georgian maintains a garden area to the east of the aforesaid alley, on the southeast corner of the alley and Davis Street; and WHEREAS, The Georgian is desirous of equipping its garden watersprinkler sprayer head with a new waterline and a new electric line, ("the lines"), and WHEREAS, the lines would run from The Georgian's building at 422 Davis Street under the aforesaid alley, and from thence, to the garden; and 68-R-91 WHEREAS, construction of the lines is to be accomplished by auger, with no cut being made in the alley paving; and WHEREAS, the City Council finds and determines that the best interests of the City and its residents will be served by allowing The Georgian to install the aforesaid lines; 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 The Georgian for the aforedescribed purpose, 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 hereby authorized to attest on behalf of the City of Evanston, a perpetual easement agreement, in substantial conformance with that in Exhibit A, attached hereto and made a part hereof, by and between the City as grantor and The Georgian as grantee, for purposes of constructing and maintaining a waterline and an electric line between 422 Davis Street and the watersprinkler sprayer head in the garden maintained by The Georgian on the southeast corner of the aforesaid alley. Said easement is to be for 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 • 2 68-R-91 • w. and conditions as he may determine are in the best interests of the City. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Mayor ATTEST: ` City Clerk Adopted: 11"5'7 , 1991 is 3 • Perpetual Easement Agreement This Agreement for a Perpetual Easement ("Agreement") is made this day of , 1991, by and between the City of Evanston, an Illinois municipal corporation, as Grantor ("City") and The Georgian, as Grantee. 1. The City owns and has title to certain real estate located in the City of Evanston, Cook County, Illinois, legally described as follows: ALL THAT PART OF THE PUBLIC ALLEY IN BLOCK 25 IN VILLAGE OF EVANSTON IN THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS, commonly known as the north -south alley running from Grove Street on the south to Davis Street on the north, between Hinman Avenue • on the west and Judson Avenue on the east. 2. Grantee is licensed as a long-term care facility by the City and is located at 422 Davis Street in Evanston. 3. Grantee maintains a garden area to the east of the aforesaid alley, on the southeast corner of the alley and Davis Street. 4. Grantee is desirous of equipping its garden watersprinkler sprayer head with a new waterline and a new electric line. ("the lines"). 5. An easement across and under a certain portion of the City's alley is necessary to the construction and maintenance of the lines. It • 6. The lines would run from The Georgian's building at 422 Davis Street under the aforesaid alley, and from thence, to the garden. 7. 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. 8. The City hereby grants to Grantee and to grantee's assigns, a perpetual easement in the easement property to install and maintain a waterline and electrical line between 422 Davis Street and the garden. A. The easement property is legally described as follows: • A STRIP OF LAND 5 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF DAVIS STREET AND THE WEST RIGHT-OF-WAY LINE OF ALLEY NORTH OF GROVE STREET, EAST OF HINMAN AVENUE, THENCE SOUTHERLY ALONG THE WEST RIGHT-OF-WAY LINE OF SAID ALLEY NORTH OF GROVE STREET, EAST OF HINMAN AVENUE 2.5 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE, THENCE EASTERLY AT AN ANGLE OF 90 DEGREES 03 MINUTES MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE TO A POINT ON THE EASTERLY RIGHT-OF- WAY LINE OF ALLEY NORTH OF GROVE STREET, EAST OF HINMAN AVENUE, SAID POINT BEING THE TERMINUS OF SAID CENTERLINE, ALL IN SECTION 18, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, AND IS MORE FULLY DESCRIBED ON THE PLAT ATTACHED HERETO AS EXHIBIT A. B. Grantee shall install the waterline and the 2 • I • electrical line beneath the surface of the alley. Said lines shall lie a minimum of 42" (forty-two inches) beneath the surface. C. Grantee's access to the subsurface for installation purposes shall be exclusively by auger, and by no other means. D. Grantee shall obtain, at its sole expense, all permits and permissions necessary to installation of said waterline and electrical line. All installation and maintenance shall be at grantee's sole expense, shall be in accord with applicable permits and permissions, as well as applicable local, state, and federal legislation or requirements, and shall be performed in such a manner as to not affect the • condition or use of the alley. E. At the conclusion of installation and of any maintenance and at the conclusion and termination of this easement, Grantee, at its sole expense, shall promptly restore the easement property to at least the condition it was in prior to this grant of easement. Any and all such construction and maintenance shall be conducted with due regard for the safety of users of the alley and passersby, with prior written notice to the City Engineer. F. Grantee shall indemnify, hold harmless, and defend the City from any and all losses, claims, damages, 3 • • costs, including attorneys' fees and judgments caused by, or arising out of, this easement property. G. This Agreement grants to Grantee a right only in the subsurface of the easement property. Grantee shall not make any surface or above -surface installation or use except as necessary to install, maintain, and remove the waterline and the electrical line. H. The City shall be permitted to pave and use, and the public shall be permitted to use, the alley over the easement property without interference by Grantee. I. This easement shall terminate if the purpose for which it is granted shall cease to exist. Upon termination, Grantee shall, at its sole cost and expense, promptly remove the waterline and the • electrical line and restore the easement property to at least in as good condition as it was prior to installation of the lines. 9. This easement shall be recorded in the Office of Recorder of Deeds, Cook County, Illinois. t Ma ATTEST: City'Clerk Adopted: : ��� - � 2 1991 P � , 4 0 114 � OFEXHIBIT PLAT EASEMENT OF A STRIP OF LAND 5 FEET WIDE , THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS • COMMENCING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF DAV/S STREET AND THE WEST RIGHT-OF-WAY LINE OF ALLEY NORTH OF GROVE STREET, EAST OF HINMAN AVENUE, THENCE SOUTHERLY ALONG THE WEST RIGHT-OF-WAY LINE OF SAID ALLEY NORTH OF GROVE STREET, EAST OF HINMAN AVENUE 2.5 FEET TO THE POINT OF BEGINNING OF SAID CENTERLINE, THENCE EASTERLY AT AN ANGLE OF 90 DEGREES 03 MINUTES MEASURED CL OCKW/SE FROM THE LAST DESCRIBED COURSE TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF ALLEY NORTH OF GROVE STREET, EAST OF /HWMAN AVENUE, SAID POINT BEING THE TERMWUS OF SAID CENTERLINE, ALL IN SECTION I8 , TOWNSH F 4/ NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF EVANSTON$ COOK COUNTY, ILLAVOIS. w D oz W 0 D A V I S S T R E E T to 185.00' /// /////� 185.00'I� o� °P SCALE= 20.00� 1' = 20.00' 0 0 0 0 M J � U _J m a- �i!i 185.00' G R O V E S T R E E T SFY OF EVANSTON 'ENGINEERING DEPT. JUL Y 23. 1991 185.00'