ORDINANCE
WHEREAS, the City of Chicago (the "City") is a home rule unit of government under Section6(a), Article VII of the 1970 Constitution of the State of Illinois authorized to exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the Cook County Board of Commissioners has enacted the Cook County Real Property Assessment Classification Ordinance, as amended from time to time (the "Classification Ordinance"), which provides for, among other things, real estate tax incentives to property owners who build, rehabilitate, enhance and occupy property which is located within Cook County and which is used primarily for industrial or commercial purposes; and
WHEREAS, the City, consistent with the Classification Ordinance, wishes to induce industry to locate, expand and remain in the City by supporting financial incentives in the form of property tax relief; and
WHEREAS, 39th & Archer II, LLC, an Illinois limited liability company (the "Applicant") owns certain real estate located generally at 2614 West Pershing Road, Chicago, Illinois 60632 (the "Subject Property"), as described on Exhibit A hereto; and
WHEREAS, the Subject Property has undergone environmental testing and was found to contain certain adverse environmental conditions (the "Contamination"); and
WHEREAS, neither the Applicant nor the Applicant's individual owners are directly or indirectly responsible for creating the Contamination; and
WHEREAS, the Applicant has undertaken environmental remediation at the Subject Property and received a No Further Remediation Letter from the Illinois Environmental Protection Agency's Site Remediation Program, dated October 21, 2015 (the "NFR Letter"); and
WHEREAS, the costs of remediating the Contamination exceeded $100,000 in accordance with the eligibility requirements for Class C classification pursuant to the Classification Ordinance; and
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WHEREAS, the Applicant is constructing a development consisting of an approximately 73,315 square foot facility on the Subject Property (the "Development") to be used for commercial purposes in accordance with the eligibility requirements for Class C classification pursuant to the Classification Ordinance; and
WHEREAS, the Applicant has filed an application for the Class C classification with the Office of the Cook County Assessor (the "Assessor") pursuant to the Classification Ordinance; and
WHEREAS, it is the responsibility of the Assessor to determine that an application for a Class C classification is eligible pursuant to the Classification Ordinance; and
WHEREAS, the Classification Ordinance requires that, in connection with the filing of a Class C application with the Assessor, an applicant must obtain from the municipality in which such real estate is located an ordinance or resolution expressly stating that the municipality has determined that the classification incentive is necessary for the development of the property to
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occur and that the municipality supports and consents to the Class C classification; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The above recitals are hereby expressly incorporated as if fully set forth
herein. " ' ;
SECTION 2. The City hereby determines that the incentive provided by the Class C classification is necessary for the Development to have occurred on the Subject Property.
SECTION 3. The City hereby expressly supports and consents to the Class C
classification with respect to the Subject Property. • •,
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SECTION 4. The City Clerk of the City is authorized and hereby directed to and shall send a certified copy of this Ordinance to the Assessor, and a certified copy of this Ordinance may be included with the Class C application to be filed with the Assessor by the Applicant, as applicant, in accordance with the Classification Ordinance.
SECTION 5. To the extent that any ordinance, resolution, order or provision of the Municipal Code of Chicago, or part thereof, is in conflict with the provisions of this Ordinance, the provisions of this Ordinance shall be controlling. If any section, paragraph, clause or provision shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other provisions of this Ordinance.
SECTION 6. This Ordinance shall be effective immediately upon its passage and approval.
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EXHIBIT A
Subject Property Legal Description:
BLOCK "C", BEING A CONSOLIDATION OF LOTS 141, 142, 143, 158, 159 AND 160 IN THE TOWN OF BRIGHTON; ALSO LOTS 1, 2, 3, 4, 15, 16, 17 AND 18 IN BLOCL 13, AND LOTS 1, 2, 3, 4, 15, 16, 17 AND 18 IN BLOCK 16 OF CORWITH'S RESUBDIVISION OF LOTS 81 TO 120, 124 TO 140, 144 TO 150, 152 TO 157, ALL INCLUSIVE IN THE WEST 1/2 OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 39 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETHER WITH VACATED ALLEYS AND VACATED PORTION OF 38th PLACE LYING BETWEEN SAID LOTS IN BLOCK 13 AND 16 IN CORWITH'S SUBDIVISION, ALL AS SHOWN UPON THE CERTAIN PLAT, RECORDED APRIL 4, 1910 IN PLAT BOOK 106, PAGE 33, AS DOCUMENT NUMBER 4535099, EXCEPTING THEREFROM THAT PARCEL DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID BLOCK "C"; THENCE SOUTH 01 DEGREES 52 MINUTES 26 SECONDS EAST, ON THE EAST LINE OF SAID BLOCK, 348.67 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01 DEGREES 52 MINUTES 26 SECONDS EAST, ON SAID EAST LINE, 217.38 FEET TO THE SOUTHEAST CORNER OF SAID BLOCK AND ALSO BEING THE NORTHWESTERLY RIGHT OF WAY LINE OF ARCHER AVENUE; THENCE SOUTH 49 DEGREES 07 MINUTES 05 SECONDS WEST, ON THE SOUTHEASTERLY LINE OF SAID BLOCK, 54.56 FEET TO THE SOUTH LINE OF SAID BLOCK AND ALSO BEING THE NORTH RIGHT OF WAY LINE OF PERSHING ROAD; THENCE SOUTH 87 DEGREES 55 MINUTES 36 SECONDS WEST, ON THE SOUTH LINE OF SAID BLOCK, 74.72 FEET; THENCE NORTH 01 DEGREES 52 MINUTES 26 SECONDS WEST, 251.71 FEET; THENCE NORTH 87 DEGREES 55 MINUTES 36 SECONDS EAST, 117.29 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS.
Permanent Real Estate Tax Index Numbers (PINS):
17-36-424-016-0000 ,17-36-424-017-0000
Address Commonly Known as:
2614 West Pershing Road, Chicago, Illinois 60632
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OFFICE OF THE MAYOR
CITY OF CHICAGO
RAHM EMANUEL
MAYOR
June 22, 2016
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request of the Commissioner of Planning and Development, I transmit herewith ordinances authorizing a Class C tax status for various properties.
Your favorable consideration of these ordinances will be appreciated.
Very truly yours.
Mayor
CHICAGO July 20, 2016
To the President and Members of the City Council:
Your Committee on Finance having had under consideration
An ordinance authorizing the approval of a Class C Real Estate Tax Incentive Classification for property located at 2614 West Pershing Road.
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Having had the same under advisement, begs leave to report and recommend that your Honorable Body pass the Ordinance Transmitted Herewith
This recommendation was concurred in by C(aTiyavoce vote,
of members of the committee with dissenting vote(s).
Aldermen Burke (14) abstained from voting under the provisions of Rule 14.
spectfully submitted
Chairman