COMMERCIAL ORDINANCE
WHEREAS, the City of Chicago ("City") is a home rule unit of local government pursuant to Article VII, Section 6 (a) of the 1970 Constitution of the State of Illinois and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the properties at 2400-2410 N. Wolcott Avenue, 2401-2411 N. Wolcott Avenue (collectively, "Parcel 1") and the addresses previously known (prior to the Elston Avenue street reconfiguration) as 2401-2413 N. Elston Avenue ("Parcel 2") are owned by Vienna Beef LTD, an Illinois corporation ("Developer"); and
WHEREAS, the Developer proposes to use the portion of the streets to be vacated herein for parking and landscaping associated with the adjacent Developer redevelopment of the site; and
WHEREAS, the City Council of the City of Chicago, after due investigation and consideration, has determined that the nature and extent of the public use and the public interest to be subserved is such as to warrant the vacation of those portions of public streets, described in the following ordinance; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. VACATION PARCEL 1 (N. Wolcott Avenue):
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 40 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 15 IN BLOCK 8 OF FULLERTON'S ADDITION TO CHICAGO RECORDED ON MAY 7, 1879 AS DOCUMENT NUMBER 221101, BEING A SUBDIVISION OF THE SOUTHEAST 1/4 OF SECTION 30 AND THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 40 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTHERLY ON AN ASSUMED BEARING OF NORTH 0 DEGREES 24 MINUTES 44 SECONDS WEST ALONG THE WEST LINE OF N. WOLCOTT AVENUE, 1.70 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 0 DEGREES 24 MINUTES 44 SECONDS WEST ALONG SAID WEST LINE, 139.30 FEET TO THE EASTERLY EXTENSION OF THE NORTHERLY LINE OF THE VACATED EAST-WEST 16 FOOT PUBLIC ALLEY, SAID ALLEY VACATION RECORDED ON APRIL 11, 2014 AS DOCUMENT NUMBER 1410139056; THENCE NORTH 89 DEGREES 59 MINUTES 35 SECONDS EAST ALONG SAID EASTERLY EXTENSION, 66.00 FEET TO THE EAST LINE OF N. WOLCOTT AVENUE; THENCE SOUTH 0 DEGREES 24 MINUTES 44 SECONDS EAST ALONG SAID EAST LINE, 139.31 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 43 SECONDS WEST, 66.00 FEET TO THE POINT OF BEGINNING SAID PARCEL CONTAINING 0.211 ACRES (9,194 SQUARE
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FEET), MORE OR LESS as shaded and legally described by the words "HEREBY VACATED" on the plat hereto attached as Exhibit A, which plat for greater clarity, is hereby made a part of this ordinance, be and the same is hereby vacated and closed, inasmuch as the same is no longer required for public use and the public interest will be subserved by such vacation(s).
VACATION PARCEL 2 (N. Elston Avenue):
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 40 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 32 IN BLOCK 8 OF FULLERTON'S ADDITION TO CHICAGO RECORDED ON MAY 7, 1879 AS DOCUMENT NUMBER 221101, BEING A SUBDIVISION OF THE SOUTHEAST 1/4 OF SECTION 30 AND THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 40 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE ON AN ASSUMED BEARING OF SOUTH 46 DEGREES 11 MINUTES 32 SECONDS EAST ALONG THE SOUTHWEST LINE OF SAID LOT 32, A DISTANCE OF 11.39 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHWEST LINE AND ITS SOUTHEAST EXTENSION SOUTH 46 DEGREES 11 MINUTES 32 SECONDS EAST, 120.06 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 42 SECONDS WEST, 65.82 FEET; THENCE NORTH 45 DEGREES 16 MINUTES 58 SECONDS WEST, 28.43 FEET; THENCE NORTH 0 DEGREES 34 MINUTES 14 SECONDS WEST, 63.11 FEET TO.THE POINT OF BEGINNING, SAID PARCEL CONTAINING 0.077 ACRE (3,366 SQ. FT.), MORE OR LESS as shaded and legally described by the words "HEREBY VACATED" on the plat hereto attached as Exhibit A, which plat for greater clarity, is hereby made a part of this ordinance, be and the same is hereby vacated and closed, inasmuch as the same is no longer required for public use and the public interest will be subserved by such vacations.
RESERVATIONS UPON PARCEL 1
SECTION 2. The City of Chicago hereby reserves upon Parcel 1 as herein described for the benefit of Commonwealth Edison, AT&T/SBC, Comcast and their successors or assigns, a nonexclusive utility easement to operate, maintain, construct, replace and renew overhead wires, poles, and associated equipment and underground conduit, cables, and associated equipment for the transmission and distribution of electrical energy, telephonic and associated services under, over and along the street herein vacated, with the right of ingress and egress. The grade of the vacated p'ublic way shall not be altered in a manner so as to interfere with the operation and maintenance of Commonwealth Edison, AT&T/SBC, and/or Comcast facilities. No construction, buildings, permanent structures or obstructions shall occur or be placed over the area herein vacated without express written release of easement by the involved utilities. Any future Developer-prompted relocation of facilities lying within the area being vacated will be accomplished by the involved utility, and be done at the expense of the beneficiary of the vacation, its successors or assigns.
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RESERVATIONS UPON PARCEL 2
SECTION 3. The City of Chicago hereby reserves upon the area of Parcel 2 as herein described for the benefit of The Peoples Gas Light and Coke Co. an easement to operate, maintain, repair, renew and replace existing underground facilities and to construct new facilities in all of the area to be vacated, with the right of ingress and egress at all times for any and all such purposes. It is further provided that no buildings or other structures shall be erected on said easement herein reserved for The Peoples Gas Light and Coke Co. or other use made of the said area which would interfere with the construction, operation, maintenance, repair, removal, or replacement of said facilities, or the construction of additional facilities. Any future vacation-beneficiary prompted relocation of Peoples Gas facilities lying within the area being vacated will be accomplished by Peoples Gas, and done at the expense of beneficiary of the vacation, its successors or assigns.
SECTION 4. The City of Chicago further reserves upon the area of Parcel 2 as herein described for the benefit of Commonwealth Edison, its successors or assigns, a non-exclusive utility easement to operate, maintain, construct, replace and renew overhead wires, poles, and associated equipment and underground conduit, cables, and associated equipment for the transmission and distribution of electrical energy, telephonic and associated services under, over and along the street herein vacated, with the right of ingress and egress. The grade of the vacated public way shall not be altered in a manner so as to interfere with the operation and maintenance of Commonwealth Edison facilities. No construction, buildings, permanent structures or obstructions shall occur or be placed over the area herein vacated without express written release of easement by the involved utility. Any future Developer-prompted relocation of facilities lying within the area herein described as Parcel 2 will be accomplished by the utility, and be done at the expense of the beneficiary of the vacation, its successors or assigns.
SECTION 5. The City of Chicago hereby reserves an easement over the area herein vacated for existing Water Department sewer and associated sewer structures, and for the installation of any additional sewers, as now located, or which in the future may be located in the street herein described as Parcel 2, and for the maintenance, renewal and reconstruction of such facilities. It is also provided that, the City shall have 24 hour access to the area to be vacated; that no buildings, permanent structures, or trees (within 10 feet of the sewer structure) shall be erected upon said easement herein reserved, or other use made of said area, which in the sole discretion of the respective municipal officials having control of the aforesaid facilities, would interfere with the use, maintenance, renewal, or reconstruction of said facilities, or the construction of additional municipally-owned service facilities. It is further provided that any vacation beneficiary-prompted adjustments to the area herein vacated be submitted to the Chicago Department of Water for review and express approval prior to construction. Any repair, renewal or replacement of private improvements, or private property damaged within the vacation area as a result of the City exercising its easement rights shall be the responsibility of the Developer. Any Developer-prompted relocation of involved facilities lying within the area herein described as Parcel 2 will be accomplished by the utility at the expense of the beneficiary of the vacation, its successors or assigns
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SECTION 6 The City of Chicago reserves an easement for the Metropolitan Water Reclamation District, its successors or assigns a perpetual easement for facilities now located, or which in the future may be located in the street as herein described as Parcel 2, and for the maintenance, renewal and reconstruction of such facilities. It is also provided that, the Metropolitan Water Reclamation District shall have 24 hour access to the area to be vacated, that no buildings or other permanent structures shall be erected, or grade changed, on said easement herein reserved, or other use made of said area, which in the sole discretion and judgment of the respective officials having control of the aforesaid service facilities, would interfere with the use, maintenance, renewal, or reconstruction of said facilities, or the construction of additional service facilities. It is further provided that the repair, renewal or replacement of any private materials, or private property damaged in the area to be vacated, as a result of the Metropolitan Water Reclamation District exercising its easement rights shall be sole responsibility of the beneficiary of the vacation, its successors or assigns.
SECTION 7. The Parcel 1 vacation herein provided for is made under the compensation terms described in the Real Estate Agreement, Section 3B, between the City of Chicago, Department of Transportation and Vienna Beef, LTD, as authorized by an ordinance approved by City Council on May 8, 2012 and published at Pages 52861-52881 in the Journal of Proceedings of the City Council of such date; which in the judgment of this body will be equal to such benefits as accrued to the City in association with the Realignment Project consisting of the reconfiguration of N. Elston Avenue and other adjacent public way.
SECTION 8. The Parcel 2 vacation herein provided for is made under the compensation terms described in the Real Estate Agreement, Section 3C, between the City of Chicago, Department of Transportation and Vienna Beef, LTD, as authorized by an ordinance approved by City Council on May 8, 2012 and published at Pages 52861-52881 in the Journal of Proceedings of the City Council of such date. As such, the Parcel 2 vacation herein provided for is made upon the express condition that within 180 days after the passage of this ordinance, the Developer shall pay or cause to be paid to the City of Chicago as compensation for the benefits which will accrue to the owner of the property abutting said part .of public street hereby vacated the sum l^Ywe^iwnlt'fvr ttotfll &rkrer>^ -H)Qj$r*rt>ll dollars ($ SSI, (?OQ OO ), which sum in the judgment d¥this body will be equal to such benefits.
SECTION 9. The vacations herein provided for are made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, the Developer shall file or cause to be filed for recordation with the Office of the Recorder of Deeds of Cook County, Illinois a certified copy of this ordinance, together with the associated full sized plats as approved by the Acting Superintendent of Maps and Plats.
SECTION 10. This ordinance shall take effect and be in force from and after its passage. The vacations snail take effect and be in force from and after recording of the approved plat(S).
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Vacations Approved:
Rebekah Scheinfeld Commissioner of Transportation
Approved as to Form and Legality
Lisa Misher
Chief Assistant Corporation Counsel
Honorable Scott waguespack Alderman, 32nd Ward
EXHIBIT "A"
PLAT OF VACATION
W. FULLERTON AV.
CITY-DEPARTMENT OF FINANCE
CDOT
COOK COUNTY
SURVEY PREPARED FOR AND MAIL TO MATHEWSON RIGHT OF WAY COMPANY MARK D MATHEWSON
30 NORTH LASALLE ST. SUITE 2400. CHICAGO. IL 60602
Alfred Bcncsch & Company 36 West Wackor Drrvo. Suiio 3300 ChicagoJNinds 60601
icltntlsu ¦ P'*nn«" Design Rim License « 1ft4 000882
CHICAGO DEPARTMENT OF TRANSPORTATION PLAT OF VACATION VICINITY MAP
EXHIBIT "A"
PLAT OF VACATION
LEGAL DESCRIPTIONS:
PARCEL 1
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 30. TOWNSHIP 40 NORTH, RANGE 14. EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 15 IN BLOCK 8 OF FULLERTON'S ADDITION TO CHICAGO RECORDED ON MAY 7. 1879 AS DOCUMENT NUMBER 221101. BEING A SUBDIVISION OF THE SOUTHEAST 1/4 OF SECTION 30 AND THE NORTHEAST 1/4 OF SECTION 31. TOWNSHIP 40 NORTH. RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN. THENCE NORTHERLY ON AN ASSUMED BEARING OF NORTH 0 DEGREES 24 MINUTES 44 SECONDS WEST ALONG THE WEST LINE OF N WOLCOTT AVENUE. 1 70 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING NORTH 0 DEGREES 24 MINUTES 44 SECONDS WEST ALONG SAID WEST LINE. 139 30 FEET TO THE EASTERLY EXTENSION OF THE NORTHERLY LINE OF THE VACATED EAST-WEST 16 FOOT PUBLIC ALLEY, SAID ALLEY VACATION RECORDED ON APRIL 11, 2014 AS DOCUMENT NUMBER 1410139056, THENCE NORTH 89 DEGREES 59 MINUTES 35 SECONDS EAST ALONG SAID EASTERLY EXTENSION. 66 00 FEET TO THE EAST LINE OF N WOLCOTT AVENUE; THENCE SOUTH 0 DEGREES 24 MINUTES 44 SECONDS EAST ALONG SAID EAST LINE. 139 31 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 43 SECONDS WEST. 66 00 FEET TO THE POINT OF BEGINNING SAID PARCEL CONTAINING 0 211 ACRE (9.194 SO FT). MORE OR LESS PARCEL 2
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 30. TOWNSHIP 40 NORTH. RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN. IN COOK COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHWEST CORNER OF LOT 32 IN BLOCK 6 OF FULLERTON'S ADDITION TO CHICAGO RECORDED ON MAY 7. 1879 AS DOCUMENT NUMBER 221101. BEING A SUBDIVISION OF THE SOUTHEAST 1/4 OF SECTION 30 AND THE NORTHEAST 1/4 OF SECTION 31. TOWNSHIP 40 NORTH. RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN. THENCE ON AN ASSUMED BEARING OF SOUTH 46 DEGREES 11 MINUTES 32 SECONDS EAST ALONG THE SOUTHWEST LINE OF SAID LOT 32, A DISTANCE OF 11 39 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHWEST LINE AND ITS SOUTHEAST EXTENSION SOUTH 46 DEGREES 11 MINUTES 32 SECONDS EAST, 120 06 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 42 SECONDS WEST. 65 82 FEET; THENCE NORTH 45 DEGREES 16 MINUTES 58 SECONDS WEST. 28 43 FEET, THENCE NORTH 0 DEGREES 34 MINUTES 14 SECONDS WEST. 63 11 FEET TO THE POINT OF BEGINNING SAID PARCEL CONTAINING 0 077 ACRE (3,366 SQ. FT ). MORE OR LESS.
BOUNDARY LINE
LOT LINE
RIGHT Of WAY UNE
(XX XX ) RECORD DIMENSION
(M) MEASURED DIMENSION
R&M RECORD & MEASURED DIMENSION
ROW RIGHT OF WAY U 3 E w NORTH SOUTH EAST. WEST
<=? TRAFFIC DIRECTION
¦¦¦¦¦¦ AREA OH VACATION
PARCEL 1 LINE TABLE
(vARiesH
ROW
r-1
z
PARCEL 2 LINE TABLE
LINE BEARING DISTANCE LINE BEARING DISTANCE
A-B N0°24'44"W 1.70'R&M F-G S46"11'32"E 11.39' R&M
B-C N0°24'44"W 139.30'(MJ G-H S46°11'32"E 120.06' (M)
C-D N89°59'35"E 66 00' R&M H-J N89°59'42"W 65.82' (M)
D-E S0°24'44"E 139.31'(M) J-K N45°16'58"W 28.43' (Ml
E-B N89*59'43"W 66.00' R&M K-G N0°34'14"W 63.11'(M)
STATE OF ILLINOIS )
)SS
COUNTY OF COOK )
FOUND CROSS CUT AT CORNER
SOUTH LINE OF LOT 15
W. FULLERTON AV.
DETAIL TV' NOT TO SCALE
ILLINOIS PROFESSIONAL
THIS IS TO CERTIFY THAT I. DOUGLAS G MASSEY. AN LAND SURVEYOR, DO HEREBY DECLARE THAT THIS PLAT AND THE SURVEY ON WHICH IT IS BASED IS A TRUE AND COMPLETE REPRESENTATION OF SAID SURVEY TO THE BEST OF MY KNOWLEDGE AND BELIEF.
SURVEYOR'S NOTES:
THE BASIS OF BEARING FOR PARCEL 11S ASSUMED NCT2444-W ON THE WEST RIGHT OF WAY LINE OF NORTH WOLCOTT AVENUE
THE BASIS OF BEARING FOR PARCEL 2 IS ASSUMED S46-11'32"E ON THE SOUTHWEST LINE OF LOT 32INBLOCKB
DIMENSIONS ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF
NO DIMENSIONS SHOULD BE ASSUMED BY SCALE MEASUREMENTS UPON THE PLAT
ZONING INFORMATION BASED ON CITY OF CHICAGO PLANNING AND ZONING BUREAU ONLINE MAPPING
LOT 15 IN BLOCK 8 IS ASSIGNED PIN NUMBER 14-30-401-017 AND IS ZONED C3-3.
7) LOT 31 AND PART OF LOT 32 IN BLOCK 8 ARE ASSIGNED PIN NUMBER
14-30-401-023 AND ARE ZONED C3-3 8] LOTS 26. 29 AND 30 IN BLOCK 8 ARE ASSIGNED PIN NUMBER 14-30-401-004
AND ARE ZONED C3-3 9) N ELSTON AVENUE LOCATED SOUTH OF W FULLERTON AVENUE HAS BEEN RENAMED TO N ELSTON COURT AS APPROVED BY THE CITY COUNCIL OF CHICAGO ON 12/13/2017 10) FIELD WORK COMPLETED 6-30-17
SURVEY PREPARED FOR AND MAIL TO MATHEWSON RIGHT OF WAY COMPANY MARK D. MATHEWSON
®benesch
tf-0450
Design Firm License tt 164 000882
CHICAGO DEPARTMENT OF TRANSPORTATION PLAT OF VACATION
30 NORTH LASALLE ST. SUITE 2400. CHICAGO, IL 60602
CITY COUNCIL
City of Chicago
COUNCIL CHAMBER
City Hall—Second Floor 121 North LaSalle Street Chicago. Illinois 60602 Telephone 31 2-744-4096
Fax: 312-744-81 55
COMMITTEE MEMBERSHIPS
Transportation & Public Way (Chairman)
Budget and Government Operations
Committees, Rules and Ethics
Education and Child Development
Finance
Public Safety
ANTHONY A. BEALE
Alderman, 9th Ward 34 East 1 12th Place Chicago. Illinois 60628 Telephone (773) 785-1100
Fax: (773) 785-2790 e-mail: ward09@cityofchicago.org
March 28, 2018
To the President and Members of the City Council:
Your Committee on Transportation and Public Way begs leave to report and recommend that Your Honorable Body pass the proposed ordinance transmitted herewith for a VACATIONS to VIENNA BEEF, LTD. - 02018-936 A proposed vacation in the area bounded by Northeast corner of West Fullerton and North Damen, and all of the remaining public North Wolcott Avenue north of West Fullerton Avenue. This ordinance was referred to Committee on February 28, 2018.
This recommendation was concurred unanimously by viva voce vote of the members of the Committee with no dissenting vote.
(Ward 32)
Anthony Beale, Chairman
Respectfully submitted,