INDUSTRIAL VACATION 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 City has experienced a significant loss of industry and jobs in recent years, accompanied by a corresponding erosion of its tax base, due in part to industrial firms' inability to acquire additional property needed for their continued viability and growth; and
WHEREAS, many industrial firms adjoin streets and alleys that are no longer required for public use and might more productively be used for plant expansion and modernization, employee parking, improved security, truck loading areas or other industrial uses; and
WHEREAS, the City can strengthen established industrial areas and expand the city's jobs base by encouraging the growth and modernization of existing industrial facilities through the vacation of public streets and alleys for reduced compensation; and
WHEREAS, the properties at 2200-2262 W. 47th Street and 2300-2304 W. 47th Street are owned by Pictor 4435 S. Western Boulevard LLC, a Delaware limited liability company ("Developed); and
WHEREAS, the Developer proposes to construct three new, modern, Chicago Sustainable Development Policy compliant, one (1) story buildings including docks, parking, internal truck routing and EV charging stations for the occupation of future industrial tenants; and
WHEREAS, the City Council of the City of Chicago, after due investigation and consideration, has determined that the nature and extent of public use and the public interest to be subserved is such as to warrant the vacation of the remaining deadended public alley described below; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. Legal Description
The vacation of:
THAT PART OF THE EAST-WEST 8 FOOT WIDE PUBLIC ALLEY LYING SOUTH OF AND ADJOINING UNSUBDIVIDED LANDS AND LYING NORTH OF AND ADJOINING LOTS 1 THROUGH 26 AND THAT PART OF LOT 27, ALL INCLUSIVE IN THE SUBDIVISION OF THAT PART OF THE SOUTH 5 ACRES OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 06, TOWNSHIP 38 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN RECORDED DECEMBER 5, 1891 AS DOCUMENT NUMBER 1579357, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1 IN SAID SUBDIVISION, BEING A POINT ON THE SOUTH LINE OF SAID EAST-WEST 8 FOOT WIDE PUBLIC ALLEY; THENCE
SOUTH 88 DEGREES 46 MINUTES 33 SECONDS WEST, ALONG SAID SOUTH LINE, ALSO BEING THE NORTH LINE OF LOTS 1 THRU 26 AND PART OF THE NORTH LINE OF LOT 27, A DISTANCE OF 671.72 FEET, SAID POINT BEING 3.83 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 27; THENCE NORTH 01 DEGREES 34 MINUTES 40 SECONDS WEST, A DISTANCE OF 8.00 FEET TO A LINE 8.00 FEET NORTH OF AND PARALLEL WITH SAID NORTH LINE OF LOTS 1 THRU 27, SAID LINE ALSO BEING A NORTH LINE OF SAID SOUTH 5 ACRES OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER (ALSO BEING THE NORTH LINE OF SAID EAST-WEST 8 FOOT WIDE PUBLIC ALLEY); THENCE NORTH 88 DEGREES 46 MINUTES 33 SECONDS EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 671.72 FEET TO A LINE BEING NORTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 1; THENCE SOUTH 01 DEGREES 34 MINUTES 17 SECONDS EAST, ALONG SAID NORTHERLY EXTENSION OF EAST LINE OF LOT 1, A DISTANCE OF 8.00 FEET TO THE POINT OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS, TOTAL AREA IN SAID PARCEL DESCRIBED BEING 5374 SQUARE FEET OR 0.123 ACRES, 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.
SECTION 2. The Commissioner of the Department of Transportation is hereby authorized to accept and approve a restrictive covenant or similar instrument restricting the use and improvement of the public way vacated in Section 1 of this ordinance to industrial uses and for such use and improvements that are accessory as that term is defined in the Chicago Zoning Ordinance. The reversion restriction in the covenant or instrument shall be for a term of forty (40) years and upon breach of such restriction the public way herein vacated shall revert to the City and be subject to the terms and conditions of the dedication by which it has been heretofore held by the City. The use restriction shall be in place into perpetuity unless released subject to payment of appraised compensation to the City.
SECTION 3. The vacation herein provided for is made under the express condition that the Developer, and its successors and assigns, shall hold harmless, indemnify and defend the City of Chicago from all claims related to said vacation.
SECTION 4. The vacation herein provided for is made upon the express condition that within 180 days after the passage of this ordinance, the Developer shall file or cause to be filed for recordation with the Office of the Cook County Clerk / Recordings Division, a certified copy of this ordinance, together with a restrictive covenant or other instrument, complying with Section 2 of this ordinance and approved by the Corporation Counsel, and the attached plat approved by the Department of Transportation's Superintendent of Maps and Plats.
SECTION 5. This ordinance shall take effect and be in force from and after its passage and publication. The vacation shall take effect and be in force from and after the recording of the published ordinance and approved plat.