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This record contains private information, which has been redacted from public viewing.
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Type:
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Ordinance
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Status:
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Passed
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Title:
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Time extension for release of use restriction covenant regarding vacation of W Carroll Ave from N Morgan St to N Sangamon St
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Topic:
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STREETS - Vacations
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Attachments:
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1. O2015-5272.pdf
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TIME EXTENSION ORDINANCE FOR THE RELEASE OF USE RESTRICTION COVENANT WHEREAS, on May 15, 2008 the City Council of the City of Chicago ("City") passed an ordinance (C.J. pp.28129, 28131-28136) (the "Vacation Ordinance"), which such Vacation Ordinance provided for an industrial program ("Industrial Program") street vacation ("Vacation") of all of West Carroll Avenue between N. Morgan Street and N. Sangamon Street; and a portion of N. Sangamon Street between approximately W. Kinzie Street and W. Wayman Street; and WHEREAS, a portion of the lots adjacent to the Vacation area have now been sold to a developer who wishes to construct a hotel on a portion of the original Vacation area, namely, on the westernmost half of the vacated W. Carroll Street between the east line of N. Morgan Street and the western line of N. Sangamon Street (the "Subject Property"), as legally described on Exhibit A, attached hereto, and as more precisely shown on the plat ("Plat") attached hereto as Exhibit B; and WHEREAS, the Vacation Ordinance provided that the Vacation was conditioned upon a restrictive use covenant running with the land ("Restrictive Use Covenant"), that required, in part, the Subject Property "be used only for manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only, and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and other similar uses and facilities"; and WHEREAS, the Restrictive Use Covenant was recorded on September 18, 2008 with the Office of the Cook County Recorder of Deeds as Document Number 0826245110, attached hereto as Exhibit C; and WHEREAS, the Vacation Ordinance was recorded on September 18, 2008 with the Office of the Cook County Recorder of Deeds as Document No. 0826245111, attached hereto as Exhibit D: and WHEREAS, Section 5 of the Vacation Ordinance set forth that the Restrictive Use Covenant "may be released by the City only upon approval of the City Council which may condition its approval upon the payment of such additional compensation which it deems to be equal to the benefits accruing because of the vacation of the public ways with restrictions on its use"; and WHEREAS, 345 N. Morgan LLC, a Delaware Limited Liability Company; and 311 N. Morgan LLC, a Delaware Limited Liability Company ("Developers"), are the current beneficiary titleholders of the vacated Subject Project subject to the Restrictive Use Covenant; and WHEREAS, Developers are intending to construct an approximately seven (7) story hotel building on the Subject Property in accordance with the associated Planned Development, and have requested a release (the "Release") of the Restrictive Use Covenant that limits the Subject Property to industrial use and encumbers the Subject Property only. The Restrictive Use Covenant shall continue to encumber the remainder of the Vacation area not subject to this Ordinance; and WHEREAS, on April 15, 2015, the City Council of the City passed an ordinance (C.J. pp. 107226-107262) (the "Release Ordinance") , attached hereto as Exhibit E, as that released the Vacation Ordinance Restrictive Use Covenant from the Subject Property; and WHEREAS, the Release Ordinance required that within one hundred eighty (180) days from the passage of the Release Ordinance, the Developers file or cause to be filed in the Office of the Recorder of Deeds of Cook County, a certified copy of the Release Ordinance; and WHEREAS, an extension of time is necessary for that recordation process as provided for in this ordinance; and WHEREAS, the City, upon due investigation and consideration, has determined that the public interest now warrants a Release of the Restrictive Use Covenant reserved in Section 5 of the Vacation Ordinance that encumbers the Subject Property for the payment of the appraised fair market value of such Release as additional compensation which the City deems to be equal to the benefits accruing because of the Release of Restrictive Use Covenant that encumbers the Subject Property only; now, therefore, Be It Ordained by the City Council of the City of Chicago: SECTION 1. The recitals above are incorporated herein. SECTION 2. The Release of the Restrictive Use Covenant that encumbers the Subject Property only, appearing in Section 5 of the Original Ordinance relative to only that area legally described in Exhibit A is hereby approved upon the express condition that within sixty (60) days after the passage of this ordinance, 345 N. Morgan LLC and 311 N. Morgan LLC shall pay or cause to be paid to the City of Chicago as compensation for the benefits which will accrue to 345 N. Morgan LLC and 311 N. Morgan LLC the amount of 4 SO , opQ ($ ), which sum in the judgment of this body will be equal to such benefits. SECTION 3. The Restrictive Use Covenant shall continue to encumber the remainder of the Vacation area not subject to this Ordinance; and SECTION 4. The Release of the Restrictive Use Covenant that encumbers the Subject Property only, as herein provided for, is made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, 345 N. Morgan LLC, and 311 N. Morgan LLC, shall file or cause to be filed in the Office of the Recorder of Deeds of Cook County, Illinois a certified copy of this ordinance, SECTION 5. The Commissioner of the Department of Transportation is hereby authorized to execute, subject to the approval of the Corporation Counsel, a Release of Restrictive Use Covenant, in substantially the form attached as Exhibit F, and such other supporting documents as may be necessary or appropriate to carry out and comply with the provisions of the Release of Restrictive Use Covenant, with such changes, deletions and insertions as shall be approved by the persons executing the Release of Restrictive Use Covenant. SECTION 6. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any of the other provisions of this ordinance. SECTION 7. This ordinance shall take effect upon its passage and approval. " Release of Restrictive Use Covenant < Approved: •• jjJlCQ M RebeKah Scheinfeld u. Commissioner Department of Transportation Honorable Walter Burnett Alderman, 27th Ward EXHIBIT A LEGAL DESCRIPTION OF SUBJECT PROPERTY PARCEL A: THAT PART OF THE NORTH 1/2 OF VACATED WEST CARROLL AVENUE LYING SOUTH OF AND ADJOINING THE SOUTH LINE OF LOTS 14, 15, AND 16 IN BLOCK 4 IN CARPENTER'S ADDITION TO CHICAGO A SUBDIVISION OF THE SOUTHEAST 1/4 OF SECTION 8 TOWNSHIP 39 NORTH RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED AUGUST 31, 1836 (ANTE-FIRE), LYING EAST OF AND ADJOINING A LINE DRAWN FROM THE SOUTHWEST CORNER OF LOT 16 AFORESAID TO THE NORTHWEST CORNER OF LOT 5 IN BLOCK 15 IN CARPENTER'S ADDITION TO CHICAGO AFORESAID, SAID LINE BEING ALSO THE SOUTHERLY EXTENSION OF THE EAST LINE OF NORTH MORGAN STREET AND LYING WEST OF AND ADJOINING THE SOUTHERLY EXTENSION OF A LINE, HEREINAFTER REFERRED TO AS LINE "A", SAID LINE BEING DESCRIBED AS FOLLOWS: COMMENCING AT A POINT 10.781 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 9 IN BLOCK 4 IN CARPENTER'S ADDITION TO CHICAGO AFORESAID; THENCE SOUTH 89 DEGREES 57 MINUTES 05 SECONDS EAST, 36.50 FEET; THENCE SOUTH 87 DEGREES 30 MINUTES 36 SECONDS EAST, ALONG A LINE WHOSE TERMINUS IS 19.95 FEET SOUTH OF THE NORTHEAST CORNER OF LOT 8 (AS MEASURED ALONG THE EAST LINE OF SAID LOT 8) IN BLOCK 4 IN CARPENTER'S ADDITION TO CHICAGO AFORESAID, A DISTANCE OF 103.20 FEET TO THE NORTHERLY TERMINUS OF THE AFOREMENTIONED LINE "A"; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG SAID LINE "A", 185.435 FEET TO THE SOUTHERLY TERMINUS OF SAID LINE "A", BEING A POINT ON THE SOUTH LINE OF LOT 14 AFORESAID AND 139.30 FEET, (AS MEASURED ALONG THE SOUTH LINE OF LOTS 14, 15 AND 16 AFORESAID, BEING ALSO THE NORTH LINE OF VACATED W. CARROLL AVENUE), EAST OF THE SOUTHWEST CORNER OF SAID LOT 16, IN COOK COUNTY, ILLINOIS. PARCEL B: THAT PART OF THE SOUTH 1/2 OF VACATED WEST CARROLL AVENUE LYING NORTH OF AND ADJOINING THE NORTH LINE OF LOTS 3, 4 AND 5 IN BLOCK 15 IN CARPENTER'S ADDITION TO CHICAGO A SUBDIVISION OF THE SOUTHEAST 1/4 OF SECTION 8 TOWNSHIP 39 NORTH RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED AUGUST 31, 1836 (ANTE-FIRE), LYING EAST OF AND ADJOINING A LINE DRAWN FROM THE NORTHWEST CORNER OF LOT 5 AFORESAID TO THE SOUTHWEST CORNER OF LOT 16 IN BLOCK 4 IN CARPENTER'S ADDITION TO CHICAGO AFORESAID, SAID LINE BEING ALSO THE SOUTHERLY EXTENSION OF THE EAST LINE OF NORTH MORGAN STREET AND LYING WEST OF AND ADJOINING THE NORTHERLY EXTENSION OF THE EAST LINE OF THE WEST 1/2 OF LOT 3 IN BLOCK 15 AFORESAID, IN COOK COUNTY, ILLINOIS. TOTAL AREA = 10,585 SQUARE FEET OR 0.2430 ACRES MORE OR LESS EXHIBIT B PLAT I EXHIBIT "$" PLAT OF RELEASE OF RESTRICTIVE COVENANT SUBDIVISIONS LEGEND ¦A" CARPENTER'S ADDITION TO CHICAGO. BEING A SUBDIVISION OF THE SOUTHEAST 1/4 OF SECTION 8-39-14 REC. AUGUST 31. 1836. ANTE-FIRE DEDICATED FOR PUBLIC ALLEY REC AUGUST 22. 1862 AS DOC. 57587 "X" VACATED BY ORDINANCE PASSED OCTOBER 25. 1989 REC. JANUARY 19.1990 (89-1375) AS DOC 90-031264. -zv VACATED BY ORDINANCE REC. SEPTEMBER 18. 2008 AS DOC 0826245111. ST. W. KINZIE . J. (No Recorded Right-of-Way Widlh) 2sok t ?5f em .L. CP ¦A- e a. ro io 8 .ro 2 "X" NOTES 1. THE BASIS OF BEARINGS IS ASSUMED 2. DIMENSIONS ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF. 5. NO DIMENSIONS SHOULD BE ASSUMED BY SCALE MEASUREMENTS UPON THE PLAT I 15 I 14 I 13 -rjEREBj" RELEASED E a. ro co cnto 6. NO LOT CORNERS WERE SET OR FOUND. ZONING INFORMATION (REFLECTS ALL ORDINANCES PASSED IN THE MOST RECENT CITY COUNCIL MEETING). ZONE PMD-4 (PLANNED MANUFACTURING DISTRICT) < o or o T ism. 125T.on| LINE TYPES USED: LOT LINES STREETS AND ALLEYS LIMITS OF RELEASE TRAFFIC FLOW DIRECTION NOTE- WE FIND THAT THE RECORD WIDTH OF 80 FEET FOR W CARROLL AVENUE SHOWN ON THE PLAT OF SUBDIVISION OF CARPENTER'S ADDITION TO CHICAGO. WAS IGNORED ON THE GROUND AND HAS BEEN OCCUPIED AT 66 FEET AS PER SURVEYS PREPARED BY OTHER SURVEYORS AROUND THE TURN OF THE 19TH CENTURY. WE HAVE CONFIRMED THAT BASED ON OCCUPATION IN SAID SUBDIVISION THE WIDTH OF 66 FEET WAS CONSISTENTLY HELD. I . -L I. I • + - ~J< l-1^! T- 11 | 12 I I son I 2SffR.i2S1S0V CO ir co ;§> (Right-of-Way = 80*R.) W. FULTON ST.
r
ABBREVIATIONS
R ¦= RECORD
M. = MEASURED
O. = OCCUPIED
N. = NORTH
S. ¦= SOUTH
W. - WEST
E. - EAST
P.O.C. « POINT OF
COMMENCEMENT
CDOT# 08-27-14-3682
MAIL TO: SCHUYLER. ROCHE > CRISHAM. P.C.
f> NATIONAL SURVEY SERVICE. INC. ,J 2015 "ALL RIGHTS RESERVED"
TWO PRUDENTIAL PLAZA, 180 NORTH STETSON AVENUE - SUITE 3700. CHICAGO. IL 60601
SCALE: 1"=80' PAGE 1 OF 3
SURVEY NO. N-129*50 SURVEY THIS INSTRUMENT PREPARED BY:
PROFESSIONAL LAND
MICHIGAN AVENUE. SUITE 200
NATIONAL SURVEY SERVICE, INC.
SURVEYORS
CHICAGO. ILLINOIS 60603 WWW.NATIONALSURVFYSERVICE.COM 312-630-9480 jlimoOnotionolsurvoyacrv.c-e com FAX: 312-630-9484
CIVIL 3D PROJECTS/N 1 29450/9 450. DWG/Lay oul: Page 1 CD-33
EXHIBIT
PLAT OF RELEASE OF RESTRICTIVE COVENANT
CO|1010|V
< o
o
CDOT# 08-27-14-3682
MAIL TO: SCHUYLER, ROCHE 4 CRISHAM. P.C.
~ NATIONAL SURVEY SERVICE, INC. v 2015 "ALL RIGHTS RESERVED"
TWO PRUDENTIAL PLAZA. 180 NORTH STETSON AVENUE - SUITE 3700. CHICAGO, IL.60E01
SCALE: 1 "=40' PAGE 2 OF 3
NATIONAL SURVEY SERVICE, INC. PROFESSIONAL U\ND SURVEYORS
30 S. MICHIGAN AVENUE. SUITE 200 CHICAGO, ILLINOIS 60603
WWW.NATIONALSURVEYSERVICE.COM TEL: 312-630-9480 jlimaOnotionoisurveyserv.ce.com FAX: 312-630-9484
CIVIL 3D PR0JECTS/N1 29450/9450.DWG/Loyout:Poge2 CD-33
EXHIBIT "5
PLAT OF RELEASE OF RESTRICTIVE COVENANT
PARCEL A
THAT PART OF THE NORTH 1/2 OF VACATED WEST CARROLL AVENUE LYING SOUTH OF AND ADJOINING THE SOUTH LINE OF LOTS 14,15, AND 16 IN BLOCK 4 IN CARPENTER'S ADDITION TO CHICAGO A SUBDIVISION OF THE SOUTHEAST 1/4 OF SECTION 8 TOWNSHIP 39 NORTH RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED AUGUST 31.1836 (ANTE-FIRE). LYING EAST OF AND ADJOINING A LINE DRAWN FROM THE SOUTHWEST CORNER OF LOT 16 AFORESAID TO THE NORTHWEST CORNER OF LOT 5 IN BLOCK 15 IN CARPENTER'S ADDITION TO CHICAGO AFORESAID. SAID LINE BEING ALSO THE SOUTHERLY EXTENSION OF THE EAST LINE OF NORTH MORGAN STREET AND LYING WEST OF AND ADJOINING THE SOUTHERLY EXTENSION OF A LINE, HEREINAFTER REFERRED TO AS LINE "A-, SAID LINE BEING DESCRIBED AS FOLLOWS
COMMENCING AT A POINT 10.781 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 9 IN BLOCK 4 IN CARPENTER'S ADDITION TO CHICAGO AFORESAID, THENCE SOUTH 89 DEGREES 57 MINUTES OS SECONDS EAST, 36.50 FEET; THENCE SOUTH 87 DEGREES 30 MINUTES 36 SECONDS EAST. ALONG A LINE WHOSE TERMINUS IS 19.95 FEET SOUTH OF THE NORTHEAST CORNER OF LOT 8 (AS MEASURED ALONG THE EAST LINE OF SAID LOT 8) IN BLOCK 4 IN CARPENTER'S ADDITION TO CHICAGO AFORESAID, A DISTANCE OF 103.20 FEET TO THE NORTHERLY TERMINUS OF THE AFOREMENTIONED LINE "A"; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG SAID LINE "A", 185.435 FEET TO THE SOUTHERLY TERMINUS OF SAID LINE "A", BEING A POINT ON THE SOUTH LINE OF LOT 14 AFORESAID AND 139.30 FEET, (AS MEASURED ALONG THE SOUTH LINE OF LOTS 14,15 AND 16 AFORESAID. BEING ALSO THE NORTH LINE OF VACATED W. CARROLL AVENUE), EAST OF THE SOUTHWEST CORNER OF SAID LOT 16, IN COOK COUNTY. ILLINOIS.
PARCELB
THAT PART OF THE SOUTH 1/2 OF VACATED WEST CARROLL AVENUE LYING NORTH OF AND ADJOINING THE NORTH LINE OF LOTS 3.4 AND 5 IN BLOCK 15 IN CARPENTER'S ADDITION TO CHICAGO A SUBOMSION OF THE SOUTHEAST 1/4 OF SECTION 8 TOWNSHIP 39 NORTH RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED AUGUST 31,1836 (ANTE-FIRE), LYING EAST OF AND ADJOINING A LINE DRAWN FROM THE NORTHWEST CORNER OF LOT 5 AFORESAID TO THE SOUTHWEST CORNER OF LOT 16 IN BLOCK 4 IN CARPENTER'S ADDITION TO CHICAGO AFORESAID. SAID LINE BEING ALSO THE SOUTHERLY EXTENSION OF THE EAST LINE OF NORTH MORGAN STREET AND LYING WEST OF AND ADJOINING THE NORTHERLY EXTENSION OF THE EAST LINE OF THE WEST 1/2 OF LOT 3 IN BLOCK 15 AFORESAID, IN COOK COUNTY, ILLINOIS.
AREA BASED ON RECORD DIMENSIONS AND BEING PORTION OF THE FULL VACATION PARCEL PER ORDINANCE RECORDED AS DOCUMENT NO. 0826245111 = 10.585 SQUARE FEET OR 0.2430 ACRES MORE OR LESS
TOTAL AREA MEASURED: 6.732 SQUARE FEET OR 0.2005 ACRES MORE OR LESS
STATE OF UJNOIS)
1 )SS
COUNTY OF COOK )
I. JOSEPH A LIMA. AN ILLINOIS PROFESSIONAL LANO SURVEYOR DO HEREBY CERTIFY THAT I HAVE PREPARED THIS PLAT OF RELEASE OF RESTRICTIVE COVENANT DESCRIBED IN THE CAPTION ABOVE FOR THE PURPOSE OF RELEASING THE SAME AND THAT THE PLAT HEREON DRAWN B A CORRECT REPRESENTATION THEREOF AND THIS PROFESSIONAL SERVICE CONFORMS TO CURRENT ILLINOIS MINIMUM STANDARDS FOR A BOUNDARY SURVEY. THE FIELD WORK WAS COMPLETED ON MAY 14,2014.
£5 AD. 2015 .
IftHpqiBVFvnnMn nnnV
CHICAGO. UINOIS JANUARY 29 2015 BY,
MY LICENSE EXPIRES 11/30/2016
STATE OF LUNOIS )
)SS
COUNTY OF COOK )
NATIONAL SURVEY SERVICE. INI
DATE: JAN. 29. 2015
NATIONAL SURVEY SERVICE. WC. A CORPORATION OF THE STATE OF ILWOIS, LICENSE NO. 164.002780. EXPIRES. 04/30/2015 DOES HEREBY CERTIFY THAT THIS PLAT HAS BEEN PREPARED USING PREVIOUS SURVEY DATA MEASURED MAY 14,2014 UNDER THE DIRECTION OF AN ILLINOIS PROFESSIONAL LAND SURVEYOR FOR THE PROPERTY DESCRIBED IN THE CAPTION ABOVE.
SURVEY NO. N-l29450 SURVEY THIS INSTRUMENT PREPARED BY:
NATIONAL SURVEY SERVICE. INC. PROFESSIONAL LAND SURVEYORS
30 S. MICHIGAN AVENUE, SUITE 200 CHICAGO. ILLINOIS 60603
WWW.NATIONALSURVEYSERVlCE.COM TEL: 312-630-9480 jl.moOnolionolsurvcyserv.ee com FAX: 312-630-9484
CIVIL 3D PROJECTS/N1 29450/9450.DWG/Loyout:Pogo3 CD-33
EXHIBIT C
September 18, 2008 Restrictive Use Covenant (Attached)
RESTRJCriVE COVENANT
WHEREAS, The Nealey Family Limited Partnership; Pioneer Wholesale Meat Company; H. Carruth, L.L.L.P.; Active Propane Company and Roberts Electric Company ("Owners"), hold legal title to certain parcels of real property ("Abutting Property") which arc located at 338 to 354 and 339 to 353 North Sangamon Street also 932 to 940 West Carrol! Avenue; 321 to 329 North Sangamon Street; 942 to 956 West Carroll Avenue, 339 to 357 North Morgan Street; 320 to 328 North Sangamon Street, 933 to 943 West Carroll Avenue; 945 to 957 West Carroll Avenue and 321 to 329 North Morgan Street, in the County of Cook, Stale of Illinois, and which are currently used for the manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only, and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and other similar uses and facilities; and
WHEREAS, on May 14, 2008, the City Council of the City of Chicago approved an ordinance, a copy of which is attached as Exhibit A and which is hereby incorporated ("Ordinance") which Ordinance provided for the vacation of that part of North Sangamon Street,
0826245110 Page: 2 of 21
lying south of a line 160.76 feet, more or less (as measured in a northerly direction along the west line of north of the north line of West Wayman Street extended, also the vacation of West Carrol] Avenue lying between the east line of North Morgan Street extended and the west line of North Sangamon Street extended, (after referred to as "Subject Premises"), the Subject Premises being more particularly described in Exhibit A which is attached and incorporated; and
WHEREAS, (lie vacation provided in the Ordinance is conditioned upon the execution and recording by the Owner of a restrictive covenant running with the land that provides that the Subject Premises shall be used only for manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only, and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and other similar uses and facilities; —
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PASSAGE AND APPROVAL OF THE VACATION ORDINANCE AND THE VESTING OF TITLE IN THE Owner, WITHOUT THE REQUIREMENT THAT THE Owner PAY COMPENSATION TO THE CITY, THE Owner DOES HEREBY AGREE WITH AND COVENANT TO THE CITY OF CHICAGO AS FOLLOWS:
1. USE. The Owner hereby covenant to the City of Chicago that the above-described Subject Premises shall not be used for any use or purpose other than those which are set forth in Exhibit B, wliich is attached and incorporated, and for those uses and purposes which are accessory to such activities, including, but not limited to, the location of necessary and appropriate offices and facilities, storage, employee and customer parking and other similar uses
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0826245110 Page: 3 of 21
and facilities. The consideration for such covenant, which is deemed and agreed to be valuable and sufficient, is the vacation by the City of Chicago of the Subject Premises for the benefit of Owner without the requirement that the Owner pay compensation to the City.
COVENANT TO RUN WITH THE LAND AND TERM THEREOF. The burdens of the covenant herein contained shall run with the Subject Premises. The benefits of such covenant shall be deemed in gross to the City of Chicago, its successors and assigns. The covenant shall be binding on the Owner, its successors and assigns, and shall be enforceable by the City, its successors and assigns. The covenant may be released or abandoned only upon approval of the City Council of the City of Chicago which may condition its approval upon the payment of such additional compensation by the Owner or any persons claiming under the Owner, which said Cily Council of the City of Chicago deems to be equal to the benefits accruing because of the release or abandonment of the covenant.
VIOLATION OF RESTRICTIONS.
(a) Reversion. In the event that the Owner causes or permits a violation of a restriction contained herein, the City of Chicago may serve the Owner with a written notice entitled NOTICE OF VIOLATION setting forth the violations. Such notice shall be sent to Owner at Nealey Family Limited Partnership, 900 West Fulton Market, Chicago, Illinois 60607; Pioneer Wholesale Meat Company, 1000 West Carroll Avenue, Chicago, Illinois 60607, H. Carruth Properties, LLC, 2708 CheiftaLn Run, Duluth, Georgia, Active Propane, 600 North Broadway, Aurora, Illinois 60505, Roberts Electric, 311 North Morgan Street, Chicago, fllinois 60607. Within thirty (30) days of receipt of said Notice of Violation,
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0826245110 Page. 4 of 21
Owner shall cause the correction of or cure the violations set forth therein. In die event that Owner shall fail or refuse to cause the correction of or cure such violations within the period of thirty (30) days, the City of Chicago may then record with the Cook County Recorder of Deeds a copy of the Notice of Violation, proof of service of the Notice of Violation and a Notice of Reversion. Upon the recording of the aforementioned documents by the City of Chicago, the Subject Premises shall be deemed to be conveyed by Owner to the City of Chicago. In the event that the City docs not exercise its right of reversion as stated in this Section 3(a) within twenty (20) years from the date of execution and recording of this Covenant, then the provisions of this Section 3(a) shall be deemed null and void.
(b) Enforcement. In addition to the foregoing, this Covenant shall be enforceable by all remedies available in law or in equity, including injunctive relief. IN WITNESS WHEREOF, the Owner has caused this Covenant to be duly executed and attested to this 7Z/>6ay of-^^^y , 2008.
NEALEY FAMILY LIMITED PARTNERSHIP
ATTEST:
Its:
AOQ-04-2000 10:09
ACCEPTED:^ ///L'
Commissioner oy rraiisportation APPjRrOyjD A^T^FQfcM AND LE(
Assistant Corporation Counsel
PIONEER WHOLESALE MEAT COMPANY
By: ¦ - X^g.^ C K^^^
Its'. PRicJyO
ATTEST:
Its:
^jy^—
issioncr of Transportation
Assistant Corporartion Counsel
-AJRRTJTH PROPER'
H. CARRTJTH PROPERTIES, LLC
By:
Its: M>- A/4*"A ATTEST:
Its:
0826245110 Page: 6 of 21
ACCEPTED:
S Tj^PpRM AND LEGALITY:
Commissioner of Transportation
Assistant Corporation Counsel
PVJS Company formerly known as ACTIVE PROPANE a .
Its:
ATTEST:
lis:
Smmissioner of Transportation Assistant Corporation Counsel
ROBERTS ELECTRIC
ATTEST:
Its:
0826245110 Page: 7 of 21
Assistant Corporation Counsel
0826245110 Page: 8 of 21
STATE OF ILLINOIS )
)
COUNTY OF COOK. )
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that fts^r^f/^^ /? \S7m.£s - personally known to me
be the s^, of The Ncaley Family Partnership, who is personally
known to me to be the same person whose name is subscribed to the foregoing instrument,
appeared before me this day in person and acknowledged that as such ^/^^y ^^//^y^
he/s^ signed and delivered the said instrument, for the uses and purposes
therein set forth.
GIVEN under my hand and notarial seal this^-5^0 day of u^r /*<*Zs~ ,
(_/ / Notary Public
My commission expires
Prepared by and when recorded, return to:
Ellen McCormack
Assistant Corporation Counsel
121 North LaSalle Street
Room 600, City Hall
Chicago, Illinois 60602
312/744-6933
t
"OFFICIAL SEAL" CHRISTINE PUGH
|1010|0826245110 Page: 9 of 21
STATE OF ILLINOIS COUNTY OF COOK
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that //J/^/^„ L^/^^^.^ , personally known to me to
be the /\ of the Pioneer Wholesale Meat Company, who is
personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before mc this day in person and acknowledged that as such I/y^^if^r^ ^/7n^^^yr<^c-^ he/s^ signed and delivered the said instrument, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this.jj/^ day of ^7f**Z& 2008
My commission expires
Prepared by and when recorded, return to:
Ellen McCormack
Assistant Corporation Counsel
121 North LaSalle Street
Room 600, City Hall
Chicago, Illinois 60602
312/744-6933
"OFFICIAL SEAL' iwSrSf CHRISTINE PUGH
COMMISSION EXPCES 07/13AIS
|10 10|
AUG-04-2008 10:09
STATE OF ILLINOIS )
)
COUNTY OF COOK )
I, the undcragnod, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that HefW-J Cwfi-» If/ , rjcrsonalty known to mo to
be the -fV*r>? of the IL Geroth, LX.P,, who is personally known to me
to be the same person whose name is subscribed to the foregoing instrument, appeared before me
this day in person end acknowledged that as such
he/she signed and ddivcred the said instrument, for the uses end purposes therein set forth,
OFTEN under my band and notarial seal this day of _ t^tx y5~T" .2008
/tew
J/ Notary Public
My commission expires Nbup/^txr 7, rQoQ
Preparcd by and when recorded, return to: Ellen McCormaek Assistant Corrxinirioa Counsel 121 North LaSalle Street Room 600, Qty Hall Chicago, Illinois 60602 312/744-6933
10
0826245110 Page: 11 of 21
STATE OF ILLINOIS )
)
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
, personally known to me to
PVJS Company, formerly known as oPth ' ~
be the
HEREBY CERTIFY that Patrick Arlis
President
the Active Propane Company, who is personally
known to me to be the same person whose name is subscribed to the foregoing instrument,
appeared before me this day in person and acknowledged that as such
he/she signed and delivered the said instrument, for the uses and purposes
therein set forth.
GIVEN under my hand and notarial seal this /jT^day of S>t^S t 2008
My commission expires *> }Q>
Prepared by and when recorded, return to:
Ellen McCormaek
Assistant Corporation Counsel
121 North LaSalle Street
Room 600, City Hall
Chicago, Illinois 60602
312/744-6933
"OFFICIAL SEAL" Kenneth L. Block
Nolary PoWic. State of Itlinob My Commission Exp. 05/30/2010
II
0826245110 Page: 12 of 21
STATE OF ILLINOIS " )
)
COUNTY OF COOK. )
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that "fr^S rno < , personally known to me to
be the ?fy^>\ rtPrvr of (he Roberts Electric Company, who is personally
known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged tliat as such Q-Zm~)^-
he/she signed and delivered the said instrument, for the uses and purposes
therein set forth.
GIVEN under my hand and notarial seal this day of
/ 'hfofary Public
My commission expires J^Ioja I ^?f)/0 •
Prepared by and when recorded, return to:
Ellen McCormaek
Assistant Corporation Counsel
121 North LaSalle Street
Room 600, City Hall
Chicago. Illinois 60602
312/744-6933
12
0826245110 Page: 13of21 EXHIBIT A - VACATION ORDINANCE
11-08- llU-o{o - ^ -oooo
No. P.I.N, applicable - document affects newly vacated public way
13
0826245110 Page: 14 of 21
EXHIBIT "A"
5/14/2008 REPORTS OF COMMITTEES 28129
and similar other uses and facilities. Such covenant shall be enforceable in law or in equity and shall be deemed to provide for reconveyance of the property to the City upon substantial breach of the terms and conditions thereof. The benefits of such covenant shall be deemed in gross to the City of Chicago, its successors and assigns, and the burdens of such covenant shall run with and burden the public way vacated by this ordinance. The covenant may be released by the City only upon approval of the City Council which may condition its approval upon the payment of such additional compensation which it deems to be equal to the benefits accruing because of the vacation of the public way with restrictions on its use.
SECTION 6. The vacation herein provided for is made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, Nealey Family Limited Partnership and Pioneer Wholesale Meat Company shall file or cause to be filed for record in the Office of the Recorder of Deeds of Cook County. Illinois a certified copy of this ordinance, together with a restrictive covenant complying with Section 5 of this ordinance, approved by the Corporation Counsel, and an attached drawing approved by the Superintendent of Maps.
SECTION 7. This ordinance shall take effect and be in force from and after its passage.
[Drawing and legal description referred to in this ordinance printed on page 28130 of this Journal.]
VACATION OF PORTIONS OF NORTH SANGAMON STREET AND WEST CARROLL AVENUE.
The Committee on Transportation and Public Way submitted the following report:
CHICAGO. May 12, 2008.
To Ihe 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 an ordinance for the vacation of that part
(Continued on page 28131)
0826245110 Page: 15 of 21
5/14/2008 REPORTS OF COMMITTEES 28131
(Continued from page 28129)
of North Sangamon Street, lying south of a line 160.76 feet, more, or less (as measured in a northerly direction along the west line of North Sangamon Street) north of the north line of West Carroll Avenue. lying north of the north line of West Wayman Street extended, also the vacation of West Carroll Avenue lying between the east line of North Morgan Street extended and the west line of North Sangamon Street extended. This ordinance was referred to the Committee on April 9, 2008.
This recommendation was concurred in unanimously by a viva voce vote of the members of the Committee, with no dissenting vote.
Respectfully submitted,
(Signed) THOMAS R. ALLEN.
Chairman.
On motion of Alderman Allen, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows:
Yeas — Aldermen Flores. Fioretti, Dowell, Preckwinkle. Hairston, Lyle. Harris. Beale, Pope. Balcer. Cardenas, Olivo, Burke, Foulkes, Thompson, Thomas, Lane, Rugai, Cochran, Brookins. Murioz. Zalewski. Dixon. Solis. Ocasio. Burnett, E. Smith, Carothers, Reboyras, Suarez, Waguespack, Mell. Austin, Colon. Banks, Mitts, Allen. Laurino. O'Connor. Doherty, Reilly, Daley, Tunney. Levar, Shiller. Schulter, Moore. Stone — 48.
Nays - None.
Alderman Carothers moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed:
WHEREAS, The City of Chicago ("City") is a home rule unit of local government pursuant lo 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 lax base, due in part to industrial firms' inability to acquire additional property needed for their continued viability and growth; and
1 ?
0026245110 Page: 16 of 21
28132 JOURNAL-CITY COUNCIL—CHICAGO 5/14/2008
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 would benefit from the vacation of these streets and alleys by reducing City expenditures on maintenance, repair and replacement; by reducing fly-dumping, vandalism and other criminal activity; and by expanding the City's property tax base; and
WHEREAS, The City can strengthen established industrial areas and expand the City's job 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 338 to 354 North Sangamon Street, the properties at 339 to 353 North Sangamon Street, and the properties at 932 to 94Q West Carroll Avenue are owned by Nealey Family Limited Partnership; and
WHEREAS, Nealey Family Limited Partnership employs eighty-six (86) full time employees in food processing; and
WHEREAS, Nealey Family Limited Partnership proposes to use the portion of the streets to be vacated herein for motor vehicle parking and lank storage; and
WHEREAS. The property at 321 to 329 North Sangamon Street is owned by Pioneer Wholesale Meat Company, and
WHEREAS, Pioneer Wholesale Meat Company employs twenty-four (24) full time employees in wholesale meat processing; and
WHEREAS. Pioneer Wholesale Meat Company proposes to use the portion of the streets to be vacated herein for fenced in parking; and
WHEREAS. The properties at 942 lo 956 West Carroll Avenue and the properties at 339 to 357 North Morgan Street are owned by H. Carruth. L. L L. P and
WHEREAS. H. Carrulh, L. L. L. P. leases a building structure with a parking lot to Pittsburgh Paint Company; and
WHEREAS, H. Carruth, L. L. L. P. proposes to use the portion of the streets to be vacated herein to expand parking; and
WHEREAS. The properties at 320 to 328 North Sangamon Street and the properties at 933 to 943 West Carroll Avenue are owned by Active Propane Company; and
0826245110 Page: 17 of 21
5/14/2008 REPORTS OF COMMITTEES 28133
WHEREAS. Active Propane Company employs ten (10) full time employees In propane processing; and
WHEREAS. Active Propane Company proposes to use the portion of the streets to be vacated herein for truck parking and empty tank storage; and
WHEREAS. The properties at 945 to 957 West Carroll Avenue and the properties at 321 to 329 North Morgan Street are owned by Roberts Electric Company; and
WHEREAS. Roberts Electric Company employs three (3) full time employees in a mail order house, selling hydraulic equipment; and
WHEREAS. Roberts Electric Company proposes to use the portion of the streets to be vacated herein for employee parking; 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 part of public streets described in the following ordinance; now, therefore.
Be It Ordained by the City Council of the City of Chicago:
SECTION 1. All that part of North Sangamon Street lying east of the east line of Lots 8.11 and 12 in Block 4, lying east of the east line of Lot 1 in Block 15. lying east of a line drawn from the southeast corner of Lot 12 in Block 4 to the northeast comer of Lot 1 in Block 15, lying west of the west line of Lot 5 all in Carpenter's Addition to Chicago, being a subdivision of the southeast quarter of Section 8, Township 39 North, Range 14, East of the Third Principal Meridian in Cook County, Illinois, lying west of the west line of Lots 17,18 and 19, in subdivision of Block 3 of Carpenter's Addition to Chicago aforesaid, tying west of a line drawn from the southwest comer of Lot 18 in Subdivision of Block 3 of Carpenter's Addition to Chicago aforesaid to the northwest corner of Lot 19 in subdivision of Block 3 of Carpenter's Addition lo Chicago aforesaid, lying south and southerly of a line 20 feet south, southerly of and parallel with a line drawn from a point on the west line of Lot 17 said point being 154.48 feet, more or less, north of the south line of Lot 19 in subdivision of Block 3 aforesaid (as measured in a southerly direction along the west line of Lots 17,18 and 19 and along a line drawn from the southwest corner of Lot 18 lo the northwest corner of Lot 19 all in subdivision of Block 3 of Carpenter's Addition to Chicago aforesaid) to a point on the west line of Lot 8 said point being 160.76 feel, more or less, north of the south line of Lot 12 in Block 4 in Carpenter's Addition to Chicago aforesaid (as measured in a southerly direction along the east line of Lots 8.11 and 12 In Block 4 in Carpenter's Addition to Chicago aforesaid) and lying north of Ihe north line of the south 16 feet of Lot 5 (the south 16 feet of
0026245110 Page: 18 of 21
28134 ' JOURNAL-CITY COUNCIL-CHICAGO '5/14/2008
said Lot 5 taken for street) in Block 16 in Carpenter's Addition to Chicago aforesaid extended west to the east line of Lot 1 in Block 15 in Carpenter's Addition to Chicago aforesaid.
Also.
all that part of West Carroll Avenue lying south of the south line of Lots 12 to 16. both inclusive, in Block 4. lying north of the north line of Lots 1 to 5. both inclusive, in Block 15, lying west a line drawn from the southeast corner of Lot 12 in Block 4 to the northeast corner of Lot 1 in Block 15 and lying east of a line drawn from the southwest corner of Lot 16 in Block 4 to the northwest corner of Lot 5 in Block 15 all in Carpenter's Addition to Chicago aforesaid, said part of public streets herein vacated being further described as that part of North Sangamon Street, lying south of a fine 160.76 feet, more or less (as measured in a northerly direction along the west line of North Sangamon Street) north of the north line of West Carroll Avenue, lying north of the north line of West Wayman Street extended, also the vacation of West Carroll Avenue lying between the east line of North Morgan Street extended and Ihe west line of North Sangamon Street extended, as shaded and indicated by the words "To Be Vacated" on the drawing hereto attached, which drawing for greater certainly is hereby made a part of this ordinance, be and the same are hereby vacated and dosed, inasmuch as the same are no longer required for public use and the public interest will be subserved by such vacations.
SECTION 2. The vacations herein provided for are made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, Nealey Family Limited Partnership, H. Carruth, L. L. L. P., Active Propane Company and Roberts Electric Company shall deposit in the City Treasury of the City of Chicago a sum sufficient to defray the costs of removing paving and curb returns and constructing sidewalk and curt) across the entrance to that part of Ihe public street hereby vacated, similar lo the sidewalk and curb along east side of North Morgan Street lying between the south line-of West Kinzie Street and the north line West Wayman Street. The precise amount of Ihe sum so deposited shall be ascertained by the Office of Emergency Management and Communications - Traffic Management Authority. Permits Division after such investigation as is requisite and deposited with the Chicago Department of Revenue.
SECTION 3. The City of Chicago hereby reserves that part of North Sangamon Street as herein vacated, as a right-of-way for an existing sewer and for the installation of any additional sewers or other municipally-owned service facilities now located or which in the future may be located in that part of North Sangamon Street as herein vacated, and for the mainlenance, renewal and reconstruction of such facilities. It is further provided thai no buildings or other structures shall be erected on said right-of-way herein reserved or other use made of sard area, which in the judgment of the respective municipal 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 municipally-owned service facilities.
0826245110 Page: 19 of 21
5/14/2008 REPORTS OF COMMITTEES 28135
The vacations herein provided for are made upon the express condition thai the Nealey Family Limited Partnership. H. Carruth, L. l_ L. P., Active Propane Company, Roberts Electric Company and Pioneer Wholesale Meat Company shall agree to accept and maintain as private sewers all existing sewers and appurtenances thereto.which are located in that part of West Carroll Avenue as herein vacated.
SECTION 4. The City of Chicago hereby reserves for the benefit of Commonwealth Edison and AT&T/S8C, their successors or assigns, an easement to operate, maintain, construct replace and renew overhead poles, wires and associated equipment and underground conduit, cables and associated equipment for the transmission and distribution of electrical energy and telephonic and associated services under, over and along that part of West Carroll Avenue and North Sangamon Street as herein vacated, with the right of ingress and egress.
SECTION 5. The Commissioner of Transportation is hereby authorized to accept, subject lo the approval of the Corporation Counsel as to form and legality, and on behalf of the City of Chicago, the benefits of a covenant or similar instrument restricting the use of the public way vacated by this ordinance to the manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee arid customer parking, and similar other uses and facilities. Such covenant shall be enforceable in law or in equity and shall be deemed to provide for reconveyance of the property to the city upon substantial breach of the terms and conditions thereof. The benefits of such covenant shall be deemed in gross to the City of Chicago, its successors and assigns, and the burdens of such covenant shall run with and burden the public way vacated by this ordinance. The covenant may be released by the City only upon approval of the City Council which may condition its approval upon the payment of such additional compensation which it deems to be equal to the benefits accruing because of the vacation of the public ways with restrictions on its use.
SECTION 6. The vacations herein provided for are made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, Nealey Family Limited Partnership, Pioneer Wholesale Meat Company, H. Carruth, L. L. L. P., Active Propane Company and Roberts Electric Company shall file or cause to be filed for record in the Office of the Recorder of Oeeds of Cook County. Illinois a certified copy of this ordinance, together with a restrictive covenant complying with Section 5 of (his ordinance, approved by the Corporation Counsel, and an attached drawing approved by the Superintendent of Maps.
SECTION 7. This ordinance shall take effect and be in force from and after its passage.
(Drawing and legal description referred to in this ordinance printed on page 28136 of this Journal ]
0826245110 Page: 20 of 21
JOURNAL-CITY COUNCIL-CHICAGO
(Ordinance associated with this drawing and legal description printed on pages 28133 through 28135 of this Journal ]
"A"
CoffKKKofs Addn to Cru'oaoo. bwa a Sotx*visUoc # 7803VI6
«C"
Ocdicefor* lor PvOttc St'uol fti; provided for ir> Ordinance Passed fot> «5. 1699 Rot AprAO. lOoc. # 40694SO
"D"
Vacated by Ordnance Passed Marcn IS. 1912. Roc May 17.1912
Ooc * B003l.?64
"E"
Vacated by Or»n«.x;« Pccscd Oct 25.1909. rtec Jon. 10. 1990
Ooc < 9O031
*F"
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J
A« RJrjtits ffssernom 16 ft. otxjva established Qrooe Roc. Jon 18. 19SO
Of. No. 08-27-07-3028
0026245110 Page: 21 of 21
EXHIBIT B - PERMITTED USES
Manufacturing, production, processing, assembly, fabricating, cleaning, servicing and repair of materials, goods or products, including but not limited to the following:
Food and Kindred Products
Tobacco Products
Apparel and Other Textile Products
Lumber and Wood Products
Furniture and Fixtures
Paper and Allied Products
Printed and Published Products
Chemicals and Allied Products
i. Petroleum and Coal Products
j. Rubber and Miscellaneous Plastics
k. Leather and Leather Products
I. Stone, Clay and Glass Products
m. Primary Metals
n. Fabricated Metal Products
o. Industrial Machinery and Equipment
p. Electronic and Electric Equipment
q. Transportation Equipment
r. Instruments and Related Products
s. Scrap Metals
Transportation and wholesale trade, as distinguished from retail trade, of the materials, goods or products listed above.
Research and development of prototypes and processes related to the activities listed above.
H.-Re^trictiveCovenantNcaleyFamilyPartnersliipCarruthEM
14
EXHIBIT D
September 18, 2008 Vacation Ordinance (Attached)
The following is said ordinance as passed:
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 fts government and affairs; and
Qoci, 082*246111 F~--*8-°°
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
0826245111 Page: 2 of 7
28132 JOURNAL—CrrV COUNCIL-CHICAGO 5/14/2008
WHEREAS, Many industrial firms adjoin streets and alloys that are no longer required for public us© 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 CKy would benefit from the vacation of. these streets and alleys by 'reducing City expenditures opt mairtfenance, repair and replacement;., by reducing fly-dumping, vandalism and other criminal activity; and by expanding the City's property tax base; and .
WHEREAS, The City can strengthen estabfef led industrial areas and expand the City's Job : base by encouraging the growth and modembation of existing Industrial facilities through the vacation of public streets and alleys for reduced compensation; arid
WHEREAS, The properties at 338 to 354 North Sangamon Street, fi>e.properties at 339 to 353 North Sangamon.Street, and the properties at 932 to 940 West Carroll Avenue are owned by Nealey Family Limited Partnership; and
WHEREAS, Nealey Family Limited Partnership employs eighty-six (86) full time employees in food processing; and
WHEREAS, Nealey Family Limited Partnership proposes to use the portion of the streets to be vacated herein for motor vehicle parking and tank storage; and
WHEREAS, The property at 321 to 329 "North 'Sangamon Street is owned by Pioneer Wholesale Meat Company, and
WHEREAS, Pioneer Wholesale Meat Company employs twenty-four (24) full', time •employees In wholesale meat processing; and
WHEREAS, Pioneer Wholesale Meat Company proposes lo use the portion of the streets to be vacated herpln for fenced in parking," and
WHEREAS, The properties at 942 to 956 West Carroll Avenue and the properties at 339 to 357 North Morgan Street are owned by H. Carruth, L. l_ L. P., and
WHEREAS, H. Carruth, L L L. P. leases a building structure with a parking lot. to Pittsburgh Paint Company; and
WHEREAS. H. Carruth, L. L t_ P. proposes to use the portion of the streets to be vacated herein to expand parking; and
WHEREAS, The properties at 320 to 328 North Sangamon Street and the properties at 933 to 943 West Carroll Avenue are owned by Active Propane Company; and
0326245111 Page: 3 of 7
5/14/2008 REPORTS OF COMMITTEES 28133
WHEREAS, Active Propane Company employs ten (10) full time employees in propane processing; and
WHEREAS, Active Propane Company proposes to use the portion of the streets to be vacated herein[for truck parking and empty tank storage; and
WHEREAS, The properties at 845 to 957 West Carroll Avenue and the properties at 321 to 329 North Morgan Street are owned by Roberts Electric Company; and
WHEREAS, Roberts Electric Company employs three (3) full time employees in a mall order house, selling hydraulic equipment; and
WHEREAS. Roberts Electric Company proposes to use the portion of the streets to be vacated herein for employee parking; arid
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 part of public streets described in the following ordinance; now, therefore.
Be ft Ordained by the City Council of tlie City of Chicago:
SECTION 1. All that part of North Sangamon Street lying east of the east line of Lots 8,11 and 12in Block -4, lying east of the east line of Lot tin Block 15. lying east of a line drawn from the southeast comer of Lot 12 in Block 4 to the northeast comer of Lot 1 in Block 15, lying west of the west line of Lot 5 all in Carpenter's Addition to Chicago, being a subdivision of the southeast quarter of Section 8, Township 39 North, Range 14, East of the Third Principal Meridian in Cook County, Illinois, lying west of the west line of Lots 17,18 and 19, in subdivision of Block 3 of Carpenter's Addition to Chicago aforesaid, lying west of a line drawn from the southwest comer of Lot 18 in Subdivision of Block 3 of Carpenter's Addition to Chicago aforesaid to the northwest comer of Lot 19 in subdivision of Block 3 of Carpenter's Addition to Chicago aforesaid, lying south and southerly of a line 20 feet south, southerly of and parallel with a fine drawn from a point on the west Ifne of Lot 17 said point being 154.48 feet, more or less, north of the south fine of Lot 19 in subdivision of Block 3 aforesaid (as measured in a southerly direction along the west fine of Lots 17,18 and 19 and along a line drawn from the southwest comer of Lot 18 to the northwest comer of Lot 19 all in subdivision of Block 3 of Carpenter's Addition to Chicago aforesaid) to a point on the west line of Lot 8 said point being 160.76 feet, more or less, north of the south line of Lot 12 In Block 4 in Carpenter's Addition to Chicago aforesaid (as measured In a southerly direction along the east line of Lots 8, 11 and 12 in Block 4 in Carpenter's Addition to Chicago aforesaid) and lying north of the north line of the south 16 feet of Lot 5 (the south 16 feet of
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0826245111 Page: 4 of 7
28134 JOURNAL-CITY COUNCIL-CHICAGO 5/14/2008
•• said Lot 5 f aken for street) in Block 16 in Carpenter's Addition lo Chicago aforesaid extended west to the east line of Lot 1 in Block 15 in Carpenter's Addition to Chicago aforesaid,
Also,
all that part of West Carroll Avenue lying south of the south line of Lots 12 to 16, both inclusive, in Block 4, lying north of the north line of Lots 1 to 5, both inclusive, In Block 15, lying west/a-line-drawn fromtho southeast comer of Lot 12 in Block 4 to the northeast comer of Lot 1 in Block 15 and lying east of a fine drawn from the southwest corner of Lot 16 in Block 4 to the northwest comer of Lot 5 In Block 15 all in Carpenter's Addition to Chicago aforesaid; said part of public streetsherein vacated being further described as that part of North Sangamon Street, lying south of a fine 160.76 feet, more or less (as measured in a northerly direction along the west line of North Sangamon Street) north of the north line of West Carroll Avenue, lying north of the north line of West Wayman Street extended, also the vacation of West Carroll Avenue tying between the east line of North Morgan Street extended and the west line of North Sangamon Streret extended,' as shaded and fndicated by the words "To Be Vacated" on the drawing hereto attached, which drawlrig for greater certainty is hereby made a part of this ordinance, be and the same are hereby vacated and closed, inasmuch as the same are no longer required for public use and the public interestwlil be subserved by such vacations.
SECTION 2'. The vacations herein provided for are made upon the express condition that within one hundred eighty (180)-days after-trie passage "of this ordinance, Nealey Family •Limited Partnership, H. Carruth, L. L L P., Active Propane Company and Roberts Electric Company 6hall deposit In the City Treasury of the City of Chicago a surri sufficient to defray the costs of removing paving and curb returns arid constructing sidewalk and curb across the entrance to that part 'of'the public street hereby vacated, similar to the sidewalk and curb ' along east side of North Morgan Street lying botween'tnesouth line of West Klrtzie Street and the north line West Wayman Street.'The precise "amount of the sum so.depostted shall be
'•ascertained' by-the Office of Emergency Management and Communications'— Traffic Management Authority, Permits Division after such investigation as Is requisite and deposited
- with the Chicago Oepartmerif of Revenue.
' SECTION 3. The Gity'of Chicago hereby reserves'that part of North Sangamon Street as herein vacated, as a" nght-of^way for an 'exfsfing sewer and'for the installation of any additional seWers orother" munfclpally-owned service" fadiities now located Or which in the future may be located lrrthal part of North Sangamon Street as herein'vacated, and for the malrrtenariee; renewal ¦and reconstruction'Of such facilities. It is"further, provided that no bulldings or Other structures shall be erected on said right-of-way herein reserved or other use made of said area, which in the judgment -of the respective municipal officials having control of the aforesaid service fadiities would interfere with the use, maintenance, renewal, or reconstruction of saidfacilrties, or the construction of additional municipally-owned service facilities.
0026245111 Page: 5 of 7
5/14/2008 REPORTS OF COMMnTEES 28135
The vacations herein provided for arc made upon the express condition that the Nealey Family Limited Partnership, H. Carruth, L. LLP., Active Propane Company, Roberts Electric Company and Pioneer Wholesale Meat Company shall agree to accept and maintain as private sewers all existing sewers and appurtenances thereto which are located in that part of West Carroll Avenue as herein vacated.
SECTION 4. The City of Chicago hereby reserves for the benefit of Commonwealth Edison and AT&T/SBC, their successors or assigns, an easement to operate, maintain, construct, replace and renew overhead poles, wires and associated equipment and underground conduit, cables and associated equipment for the transmission and distribution of electrical energy and telephonic and associated services under, over and along that part of West Carroll Avenue and North Sangamon Street as herein vacated, with the right of ingress and egress.
SECTION 5. The Commissioner of Transportation is hereby authorized to accept, subject to the approval of the Corporation Counsel as to form and legality, and on behalf of the City of Chicago, the benefits of a covenant or similar Instrument restricting the use of the public way vacated by this ordinance to the manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only and for those structures and additional uses which are reasonably necessary to permit such manufacturing use Including the location of necessary facilities, storage, employee and customor parking, and similar other uses and facilities. Such covenant shaH be enforceable In law or in equity and shall be deemed to provide for reconveyance of the property to the city upon substantial breach of the terms and conditions thereof. The benefits of such covenant shall be deemed in gross to the City of Chicago, its successors and assigns, and the burdens of such covenant shall run with and burden the public way vacated by this ordinance. The covenant may be released by the City only upon approval of the City Council which may condition its approval upon the payment of such additional compensation which it deems to be equal to the benefits accruing because of the vacation of the public ways with restrictions on Its use.
SECTION 6. The vacations herein provided for are made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance. Nealey Family Limited Partnership, Pioneer Wholesale Meat Company, H. Carruth, LLL P., Active Propane Company and Roberts Electric Company shall file or cause lo be filed for record in the Office of the Recorder of Deeds of Cook County. Illinois a certified copy of this ordinance, together with a restrictive covenant complying with Section 5 of this ordinance, approved by the Corporation Counsel, and an attached drawing approved by the Superintendent of Maps.
SECTION 7. This ordinance shall take effect and be in force from and after its passage.
[Drawing and legal description referred to in this ordinance printed on page 28136 of this Journal.]
0826245111 Page: 6 of 7
28136^-/^^. JOURNAL-CITY COUNCIL-CHICAGO
OF ^[QJcinance associated with this drawing and lega! description ^*°-f>/>/v . .rV^.v printed on pages 28133 through 28135of this Journal.]-
08262-55111 Pace:? of 7
STATE OF ILLINOIS )
)SS.
COUNTY OF COOK )
I. MIGUEL DEL VALLE City Clerk of the Cityof Chicago inthcCounty of Cook and State of Illinois, DO HEREBY CERTIFY thai iho annexed and foregoing is a true and correct copy of that certain, ordinance now on file in my office: Vacation of portions of North Sangamon Street and West Carrol Avenue.
1 DO FURTHER CERTIFY tliat the said ordinance was passed by the City Council of the said City of Chicago on the fourteenth ({4"') day of May. 2003 and deposited in my office on tic fewteenft fi4*)dayof MBy. ?QQ$.
I DO FURTHER CERTIFY that the vote on the question of the passage of tho said ordinance by the said City Council was taken by yeas and nays and recorded In the Journal of the Proceedings of the said City Council, 2nd that the result of said vote so taken was as follows, to wit:
Yeas 48
i DO FURTHER CERTIFY that the said ordinance was delivered to the Mayor of the said City of Chicago after the passage thereofby the said City Council, without delay, by the City Clerk of the said City of Chicago, and that the said Mayor failed to return the said ordinance to the said City Council with his written objections thereto at the next regular meeting of the said City Council occurring not less than five (5) days after the passage of the said ordinance.
I DO FURTHER CERTIFY that the original, of which the foregoing is a true copy, is entrusted to my care for safe keeping, and that I am the lawful keeper of the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the City of Chicago aforesaid, at the said City, in the County and State aforesaid, this twenty-seventh (27*) day of June, 2008.
[L.F.]
JOURNAL-CITY COUNCIL—CHICAGO
Exhibit "E". (To Ordinance)
Release Of Restrictive Use Covenant.
City of Chicago, an Illinois municipal corporation ("City"), pursuant to a May 8, 2008 ordinance ("Vacation Ordinance") which such ordinance was recorded on September 18, 2008 with the Office of the Cook County Recorder of Deeds as Document Number 0826245111, and attached hereto as Exhibit A, such ordinance provided for an industrial program ("Industrial Program") street vacation ("Vacation") of all of West Carroll Avenue between the east line of North Morgan Street and the west line of North Sangamon Street; also the vacation of a portion of North Sangamon Street between the north line of West Wayman Street and approximately the south line of West Kinzie Street.
A portion of the lots adjacent to the Vacation area have now been sold to a developer who wishes to construct a hotel on a portion of the original Vacation area, namely, on the westernmost half of the vacated West Carroll Street between the east line of North Morgan Street and the western line of North Sangamon Street (the "Subject Property"), as legally described on (Sub)Exhibit B, attached hereto, and as more precisely shown on the'plat ("Plat") attached hereto as (Sub)Exhibit C.
The Vacation Ordinance provided, in part, that the Vacation of the Subject Property was conditioned upon a restrictive use covenant running with the land ("Restrictive Use Covenant"), that required the Subject Property "be used only for manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only, and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and other similar uses and facilities".
The Restrictive Use Covenant was recorded on September 18, 2008 with the Office of the Cook County Recorder of Deeds as Document Number 0826245110 attached hereto as (Sub)Exhibit D.
Section 5 of the Vacation Ordinance set forth that the Restrictive Use Covenant "may be released by the City only upon approval of the City Council which may condition its approval upon the payment of such additional compensation which it deems to be equal to the benefits accruing because of the vacation of the public ways with restrictions on its use".
The City, upon due investigation and consideration, has determined that the public interest now warrants a Release of the Restrictive Use Covenant reserved in Section 5 of the Vacation Ordinance for the payment of the appraised fair market value of such release as additional compensation which the City deems to be equal to the benefits accruing because of the Release of Restrictive Use Covenant that encumbers the Subject Property only.
REPORTS OF COMMITTEES
The City hereby releases the Restrictive Use Covenant from the Subject Property only; as such Subject Property is legally described on (Sub)Exhibit B attached.
The Restrictive Use Covenant shall continue to encumber the remainder of the Vacation area not subject to this release.
This Transfer is exempt pursuant to the Provisions of the Real Estate Transfer Tax Act, 35 ILCS 200/31-45; and Section 3-3 2-030B7(b) of the Chicago Transaction Tax Ordinance.
In Witness Whereof, The City of Chicago has caused this instrument to be duly executed
in its name and behalf, by the Commissioner of the Department of Transportation, on or as
of the day of , 2015.
City of Chicago, an Illinois municipal corporation
By: Rebekah Scheinfeld
Commissioner of Transportation
This Transfer is exempt pursuant to the Provisions of the Real Estate Transfer Tax Act, 35 ILCS 200/31-45; and Section 3-3 2-030B7(b) of the Chicago Transaction Tax Ordinance.
State of Illinois )
)SS.
County of Cook )
I, the undersigned, a notary public in and for said County, in the State aforesaid, do hereby certify that Rebekah Scheinfeld, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that she signed, sealed and delivered as Commissioner, Department of Transportation, the said instrument as her free and voluntary act, and as the free and voluntary act of the City, for the uses and purposes therein set forth.
Given under my hand and notarial seal this day of , 2015.
Notary Public
107262 JOURNAL-CITY COUNCIL-CHICAGO 4/15/2015
This Transfer is exempt pursuant to the Provisions of the Real Estate Transfer Tax Act, 35 ILCS 200/31-45; and Section 3-3 2-030B7(b) of the Chicago Transaction Tax Ordinance.
f(Sub)Exhibits "A", "B", "C" and "D" referred to in the Release of Restrictive Use Covenant constitute Exhibits "A", "B", "C", and "D", respectively, to ordinance and printed on pages 107229 through 107259 of this Journal.]
EXEMPTION OF APPLICANTS FROM PHYSICAL BARRIER REQUIREMENT PERTAINING\TO ALLEY ACCESSIBILITY FOR PARKING FACILITIES.
The Committee on Transportation and Public Way submitted the following report:
\ CHICAGO, April 13, 2015.
To the President and Members of thbsCity Council:
Your Committee on Transportation and public Way begs leave to report and recommend that Your Honorable Body Pass the proposed ordinances transmitted herewith authorizing and directing the Commissioner of Transportation and/or the Director of Revenue to exempt various applicants from the provisions requiring barriers as a prerequisite to prohibit alley ingress and/or egress to parking facilities at sundry locations. These ordinances were referred to the committee on March 18 and April 13, 2015. This recommendation was concurred in unanimously by a\(iva voce vote of the members of the committee, with no dissenting vote. \y
Respectfully subnqitted,
(Signed) ANTHONY BEALE, \.
Chairman^
EXHIBIT F
FORM OF RELEASE OF RESTRICTIVE USE COVENANT
(Attached)
RELEASE OF RESTRICTIVE USE COVENANT
(The Above Space For Recorder's Use Only)
CITY OF CHICAGO, an Illinois municipal corporation ("CITY"), pursuant to a May 8, 2008 ordinance ("Vacation Ordinance") which such Ordinance was recorded on September 18, 2008 with the Office of the Cook County Recorder of Deeds as Document Number 0826245111, and attached hereto as Exhibit A, such Ordinance provided for an industrial program ("Industrial Program") street vacation (Vacation") of all of W. Carroll Avenue between the East line of N. Morgan Street and the West line of N. Sangamon Street; also the vacation of a portion of N. Sangamon Street between the North line of W. Wayman Street and approximately the South line of W. Kinzie Street.
A portion of the lots adjacent to the Vacation area have now been sold to a developer who wishes to construct a hotel on a portion of the original Vacation area, namely, on the westernmost half of the vacated W. Carroll Street between the east line of N. Morgan Street and the western line of N. Sangamon Street (the "Subject Property"), as legally described on Exhibit B, attached hereto, and as more precisely shown on the plat ("Plat") attached hereto as Exhibit C; and
The Vacation Ordinance provided, in part, that the Vacation of the Subject Property was conditioned upon a restrictive use covenant running with the land ("Restrictive Use Covenant"), that required the Subject Property "be used only for manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only, and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and other similar uses and facilities".
The Restrictive Use Covenant was recorded on September 18, 2008 with the Office of the Cook County Recorder of Deeds as Document Number 0826245110 attached hereto as Exhibit D.
Section 5 of the Vacation Ordinance set forth that the Restrictive Use Covenant "may be released by the City only upon approval of the City Council which may condition its approval
3v
upon the payment of such additional compensation which it deems to be equal to the benefits accruing because of the vacation of the public ways with restrictions on its use."
The City, upon due investigation and consideration, has determined that the public interest now warrants a Release of the Restrictive Use Covenant reserved in Section 5 of the Vacation Ordinance for the payment of the appraised fair market value of such Release as additional compensation which the City deems to be equal to the benefits accruing because of the Release of Restrictive Use Covenant that encumbers the Subject Property only
The City hereby releases the Restrictive Use Covenant from the Subject Property only; as such Subject Property is legally described on Exhibit B, attached.
The Restrictive Use Covenant shall continue to encumber the remainder of the Vacation area not subject to this Release.
THIS TRANSFER IS EXEMPT PURSUANT TO THE PROVISIONS OF THE REAL ESTATE TRANSFER TAX ACT, 35 ILCS 200/31-45; AND SECTION 3-3 2-030B7(b) OF THE CHICAGO TRANSACTION TAX ORDINANCE.
IN WITNESS WHEREOF, the City of Chicago has caused this instrument to be duly
executed in its name and behalf, by the Commissioner of the Department of Transportation, on
or as of the day of , 2015.
CITY OF CHICAGO,
an Illinois municipal corporation
By:
Rebekah Scheinfeld Commissioner
Department of Transportation
THIS TRANSFER IS EXEMPT PURSUANT TO THE PROVISIONS OF THE REAL ESTATE TRANSFER TAX ACT, 35 ILCS 200/31-45; AND SECTION 3-3 2-030B7(b) OF THE CHICAGO TRANSACTION TAX ORDINANCE.
(-to
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby certify that Rebekah Scheinfeld, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that she signed, sealed and delivered as Commissioner, Department of Transportation, the said instrument as her free and voluntary act, and as the free and voluntary act of the City, for the uses and purposes therein set forth.
Given under my hand and official seal, this day of '_, 2015.
Notary Public
THIS INSTRUMENT WAS PREPARED BY: Karen Bielarz Senior Counsel
City of Chicago, Department of Law 121 N. LaSalle Street, Room 600 Chicago, Illinois 60601 312/744-6910
THIS TRANSFER IS EXEMPT PURSUANT TO THE PROVISIONS OF THE REAL ESTATE TRANSFER TAX ACT, 35 ILCS 200/31-45; AND SECTION 3-3 2-030B7(b) OF THE CHICAGO TRANSACTION TAX ORDINANCE.
EXHIBIT A TO RELEASE
September 18, 2008 Vacation Ordinance (Attached)
h t tj, \ ~c A
The following "rs said ordinance as passed:
WHEREAS, The Cily 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
Ooot: 082624*111 F---*78-00
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
0826245111 Page: 2 of 7
28132 JOURNAL—CITY COUNCIL-CHICAGO 5/14/2008
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 Cffy would benefit from the vacation of. these streets and alleys by reducing City expenditures on maintenance, repair and replacement;., by reducing fly-dumping, vandalism and other criminal .activity; and by expanding the City's property tax base; and .
WHEREAS, The City can strengthen established industrial areas and expand the City's job . 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 338 to 354 North Sangamon Street, the.properties at 339 to 353 North Sangamon. Street, and the properties at 932 to 940 West Carroll Avenue are owned by Nealey Family Limited Partnership; and
WHEREAS, Nealey Family Limited Partnership employs eighty-six (86) full time employees In food processing; and
WHEREAS, Nealey Family Limited Partnership proposes to use the portion of the streets to be vacated herein for motor vehicle parking and tank storage; and
. * ~ i *
WHEREAS, The property at 321 to 329 North "Sangamon Street is owned by Pioneer Wholesale Meat Company, and
WHEREAS, "Pioneer Wholesale Meat Company employs twenty-four (24) full', time •employees In wholesale meat processing; and
WHEREAS, Pioneer Wholesale Meat Company proposes to use the portion of the streets to be vacated herein for fenced in parking; -and
WHEREAS, The properties at 942 to 956 West Carroll Avenue and the properties at 339 to 357 North Morgan Street are owned by H. Carruth, L. L. L P., arid
WHEREAS, H. Carruth, L. L L. P. leases a building'structure with a parking lot. to Pittsburgh Paint Company; and
WHEREAS. H. Carruth, L. L. L: P. proposes to use the portion of the streets to be vacated herein to expand parking; and
WHeREAS. The properties at 320 to 328 North Sangamon Street and the properties at 933 to 943 West Carroll Avenue are" owned by Active Propane Company; and
0326245111 Page: 3 of 7
5/14/2008 REPORTS OF COMMITTEES 28133
WHEREAS, Active Propane Company employs ten (10) full lime employees in propane processing; and
WHEREAS, Active Propane Company proposes to use the portion of the streets to be vacated herein for truck parking and empty tank storage; and
WHEREAS, The properties at 845 to 957 West Carroll Avenue and the properties at 321 to 329 North Morgan Street are owned by Roberts Electric Company; and
WHEREAS, Roberts Electric Company employs three (3) full time employees in a mall order house, celling hydraulic equipment; and
WHEREAS. Roberts Electric Company proposes to use the portion of the streets to be vacated herein for employee parking; 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 part of public streets described in the following ordinance; now, therefore.
Be It Ordained by the City Council of the City of Chicago:
\q-02- 4/3. -o\o -tq-OX-HlZ-0O[ -
SECTION 1. All that part of North Sangamon Street lying east of the east line of Lots 8,11 and 12lnBlock4, lying east of the east line of Lot 1 in Block 15, lying eastofaline drawn from the southeast comer of Lot 12 in Block 4 to the northeast comer of Lot 11n Block 15, lying west of the west line of Lot 5 all in Carpenter's Addition to Chicago, being a subdivision of the southeast quarter of Section 8, Township 39 North, Range 14, East of the Third Principal Meridian in Cook County, Illinois, lying west of the west line of Lots 17,18 and 19, in subdivision of Block 3 of Carpenter's Addition to Chicago aforesaid, tying west of a line drawn from the southwest comer of Lot 18 In Subdivision of Block 3 of Carpenter's Addition to Chicago aforesaid to the northwest comerof Lot 19 In subdivision of Block 3 of Carpenter's Addition to Chicago aforesaid, lying south and southerly of a line 20 feet south, southerly of and parallel with a line drawn from a point on the west line of Lot 17 said point being 154.48 feet, more or less, north of the south line of Lot 19 in subdivision of Block 3 aforesaid (as measured in a southerly direction along the west fine of Lots 17,18 and 19 and along a line drawn from the southwest comer of Lot 18 to the northwest comer of Lot 19 all in subdivision of Block 3 of Carpenter's Addition to Chicago aforesaid) to a point on the west line of Lot 8 said point being 160.76 feet, more or less, north of the south line of Lot 12 In Block 4 In Carpenter's Addition to Chicago aforesaid (as measured In a southerly direction along the east line of Lots 8, 11 and 12 In Block 4 in Carpenter's Addition to Chicago aforesaid) and lying north of the north line of the south 16 feet of Lot 5 (the south 16 feet of
OOip -003 -0000
0826245111 Page: 4 of 7
28134 JOURNAL-OfTY COUNCIL—CHICAGO 5/14/2008
•¦ said Lot 5 taken for-street) in Block 16 In Carpenter's Addition to Chicago aforesaid extended west to the east line of Lot 1 in Block 15 in Carpenter's Addition to Chicago aforesaid,
Also,
all that part of West Carroll Avenue lying south of the south line of Lots 12 to 16, both inclusive, in Block 4, lying north of the north line of Lots 1 to 5, both inclusive, In Block 15, lying west/a"lineSECTION 2. The vacations herein provided for are made upon the express condition that within one hundred eighty (180)-days after the passage"of this ordinance, Nealey Family
•Limited Partnership, H. Carruth, L. L L P., Active Propane Company and Roberts Electric Company 6hall deposit In the City Treasury of the City of Chicago a sum sufficient to defray the costs of removing paving and curb riorums arid constructing sidewalk and curb across the entrance to that part of the-public street hereby vacated, similar to the sidewalk and curb along east side of North Morgan Street tying between the south line of West KmzJeStreef and the north line West Wayman StreeL'The precise "amount of the sum so. deposited shall be
•ascertained by-the Office of Emergency1 Management and Communications — Traffic Management Authority, Permits Division after such In vasugation as Is requisite' and deposited
- with the Chicago Oepartmerif of Revenue. "''
" SECTION 3. The City of Chicago hereby res^rves tfiat part of North Sangamon Street as herein vacated, as a' right-of-way for an 'exfsting sewer and'for the installation of any additional seWers* or other municipally-owned service" faeflities now located Or which in the future may be located in that"part of North Sangamon. Street as herein"vacated, and for the "malntenarice; renewal ¦and rewrisfnicfJon 'Of such facilities, ft Is" further, provided that no buildings or other structures'shall be'erected on sald: right-of-way herein reserved "of other use made of said area, which in the judgment of the respective municipal officials having control of the aforesaid service facilities v/ould interfere with the use, maintenance, renewal, or reconstruction of said facilrties, or the construction of additional municipally-owned service facilities.
0826245111 Page: 5 of 7
5/14/2008 REPORTS OF COMMITTEES 28135
The vacations herein provided for are made upon the express condition that the Nealey Family Limited Partnership, H. Carruth, L. L. L P., Active Propane Company, Roberts Electric Company and Pioneer Wholesale Meat Company shall agree to accept and maintain as private sewers all existing sewers and appurtenances thereto which are located in that part of West Carroll Avenue as herein vacated.
SECTION 4. The City of Chicago hereby reserves for the benefit of Commonweallh Edison and AT&T/SBC, their successors or assigns, an easement to operate, maintain, construct, replace and renew overhead poles, wires and associated equipment and underground conduit, cables and associated equipment for the transmission and distribution of electrical energy and telephonic and associated services under, over and along that part of West Carroll Avenue and North Sangamon Street as herein vacated, with the right of ingress and egress.
SECTION 5. The Commissioner of Transportation is hereby authorized to accept, subject to the approval of the Corporation Counsel as to form and legality, and on behalf of the City of Chicago, the benefits of a covenant or similar Instalment restricting the use of the public way vacated by this ordinance to the manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and similar other uses and facilities. Such covenant shall be enforceable In law or in equity and shall be deemed to provide for reconveyance of the property to the city upon substantial breach of the terms and conditions thereof. The benefits of such covenant shall be deemed in gross to the City of Chicago, its successors and assigns, and the burdens of such covenant shall run with and burden the public way vacated by this ordinance. The covenant may be released by the City only upon approval of the City Council which may condition its approval upon the payment of such additional compensation which it deems to be equal to the benefits accruing because of the vacation of the public ways with restrictions on its use.
SECTION 6. The vacations herein provided for are made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance. Nealey Family Limited Partnership, Pioneer Wholesale Meat Company, H. Carruth, LLL P., Active Propane Company and Roberts Electric Company shall file or cause to be filed for record in the Office of the Recorder of Deeds of Cook County, Illinois a certified copy of this ordinance, together with a restrictive covenant complying with Section 5 of this ordinance, approved by the Corporation Counsel, and an attached drawing approved by the Superintendent of Maps.
SECTf ON 7. This ordinance shall take effect and be In force from and after its passage.
(Drawing and legal description referred to in this ordinance printed on page 28136 of this Journal.]
0826245111 Page: 6 of 7
JOURNAL-CITY COUNCIL-CHICAGO
OF c»tQ^nance associated with this drawing and legal description ^&/s^ . r& *v" printed on pages 28133 through 28135of this JournaL]-
0826245111 Pace: 7 o! 7
STATE OF ILLINOIS )
)SS.
COUNTY OF COOK )
1, MIGUEL DEL VALLE City Clerk of (he City of Chicago in the County of Cook and State of Illinois, DO HEREBY CERTIFY that the annexed and foregoing is a true end correct copy of that certain ordinance now on file in my office: Vacation of portions of North Sangamon Street and West Carrol Avenue.
I DO FURTHER CERTIFY that the said ordinance was passed by the City Council of the said City of Chicago on the fourteenth (14*) day of May. 2008 and deposited in tny office on the fourteenth (14*) day of May. 2008
I DO FURTHER CERTIFY that the vote on the question of the passage of the said ordinance by the said City Council was taken by yeas and nays and recorded In the Journal of the Proceedings of the said City Council, and that the result of said vote so taken was as follows, lo wit:
Yeas 48
I DO FURTHER CERTIFY that the said ordinance was delivered to the Mayor of the said City of Chicago after the passage thcreofby the said City Council, without delay, by the City Clerk of tbe said City of Chicago, and that the said Mayor failed to return the said ordinance to the said City Council with his written objections thereto at the next regular meeting of the said City Council occurring not less than five (5) days after the passage of the said ordinance.
I DO FURTHER CERTIFY that the original, of which the foregoing is a true copy, is entrusted to my care for safe keeping, and that I am the lawful keeper of the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the City of Chicago aforesaid, at the said City, in the County and State aforesaid, this twenty-seventh ffl*) day of June, 2008.
[L.F.]
EXHIBIT B TO RELEASE
LEGAL DESCRIPTION OF
SUBJECT PROPERTY
PARCEL A:
THAT PART OF THE NORTH 1/2 OF VACATED WEST CARROLL AVENUE LYING SOUTH OF AND ADJOINING THE SOUTH LINE OF LOTS 14, 15, AND 16 IN BLOCK 4 IN CARPENTER'S ADDITION TO CHICAGO A SUBDIVISION OF THE SOUTHEAST 1/4 OF SECTION 8 TOWNSHIP 39 NORTH RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED AUGUST 31, 1836 (ANTE-FIRE), LYING EAST OF AND ADJOINING A LINE DRAWN FROM THE SOUTHWEST CORNER OF LOT 16 AFORESAID TO THE NORTHWEST CORNER OF LOT 5 IN BLOCK 15 IN CARPENTER'S ADDITION TO CHICAGO AFORESAID, SAID LINE BEING ALSO THE SOUTHERLY EXTENSION OF THE EAST LINE OF NORTH MORGAN STREET AND LYING WEST OF AND ADJOINING THE SOUTHERLY EXTENSION OF A LINE, HEREINAFTER REFERRED TO AS LINE "A", SAID LINE BEING DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT 10.781 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 9 IN BLOCK 4 IN CARPENTER'S ADDITION TO CHICAGO AFORESAID; THENCE SOUTH 89 DEGREES 57 MINUTES 05 SECONDS EAST, 36.50 FEET; THENCE SOUTH 87 DEGREES 30 MINUTES 36 SECONDS EAST, ALONG A LINE WHOSE TERMINUS IS 19.95 FEET SOUTH OF THE NORTHEAST CORNER OF LOT 8 (AS MEASURED ALONG THE EAST LINE OF SAID LOT 8) IN BLOCK 4 IN CARPENTER'S ADDITION TO CHICAGO AFORESAID, A DISTANCE OF 103.20 FEET TO THE NORTHERLY TERMINUS OF THE AFOREMENTIONED LINE "A"; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG SAID LINE "A", 185.435 FEET TO THE SOUTHERLY TERMINUS OF SAID LINE "A", BEING A POINT ON THE SOUTH LINE OF LOT 14 AFORESAID AND 139.30 FEET, (AS MEASURED ALONG THE SOUTH LINE OF LOTS 14, 15 AND 16 AFORESAID, BEING ALSO THE NORTH LINE OF VACATED W. CARROLL AVENUE), EAST OF THE SOUTHWEST CORNER OF SAID LOT 16, IN COOK COUNTY, ILLINOIS.
PARCEL B:
THAT PART OF THE SOUTH 1/2 OF VACATED WEST CARROLL AVENUE LYING NORTH OF AND ADJOINING THE NORTH LINE OF LOTS 3, 4 AND 5 IN BLOCK 15 IN CARPENTER'S ADDITION TO CHICAGO A SUBDIVISION OF THE SOUTHEAST 1/4 OF SECTION 8 TOWNSHIP 39 NORTH RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED AUGUST 31, 1836 (ANTE-FIRE), LYING EAST OF AND ADJOINING A LINE DRAWN FROM THE NORTHWEST CORNER OF LOT 5 AFORESAID TO THE SOUTHWEST CORNER OF LOT 16 IN BLOCK 4 IN \ CARPENTER'S ADDITION TO CHICAGO AFORESAID, SAID LINE BEING ALSO THE SOUTHERLY EXTENSION OF THE EAST LINE OF NORTH MORGAN STREET AND LYING WEST OF AND ADJOINING THE NORTHERLY EXTENSION OF THE EAST
LINE OF THE WEST 1/2 OF LOT 3 IN BLOCK 15 AFORESAID, IN COOK COUNTY, ILLINOIS.
EXHIBIT C TO RELEASE
PLAT
EXHIBIT'ft'
PLAT OF RELEASE OF RESTRICTIVE COVENANT
W. KINZIE
(No Recorded Right-of-Way Width)
SUBDIVISIONS LEGEND
CARPENTER'S ADOITION TO CHICAGO. BEING A SUBDIVISION OF THE SOUTHEAST 1M OP SECTION 8-39-14.
REC. AUGUST 31. 1836. ANTE-FIRC "L*
DEDICATED FOR PUGUC ALLEY
REC AUGUST 22.1662 AS DOC 57S87.
"X"
VACATED BY OROINANCE PASSEO OCTOBER 25. 1989
REC. JANUARY 10. 1990 (89-1375) AS DOC. 90-031264.
VACATED BY ORDINANCE REC. SEPTEMBER 18, 2608 AS DOC. 082624S111.
NOTES'
1. THE BASIS OF GEARINGS IS ASSUMED.
2. DIMENSIONS ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF.
J NO DIMENSIONS SHOULD BE ASSUMED BY SCALE MEASUREMENTS UPON THE PLAT.
«. NO LOT CORNERS WERE SET OR FOUND.
ZONING INFORMATION (REFLECTS ALL ORDINANCES PASSED IN THE MOST RECENT CITY COUNCIL MEETING)
ZONE PMD-4 (PLANNED MANUFACTURING OISTRICT)
LINE TYPES USED LOT LINES
STREETS AND ALLEYS LIMITS OF RELEASE
mm
TRAFFIC FLOW DIRECTION
NOTE:
WE FINO THAT THE RECORD WIDTH OF 80 FEET FOR W. CARROLL AVENUE SHOWN ON THE PLAT OF SUBDIVISION OF CARPENTER'S ADDITION TO CHICAGO. WAS (GNOREO ON THE GROUND ANO HAS BEEN OCCUPIED AT 68 FEET AS PER SURVEYS PREPAREO BY OTHER SURVEYORS AROUND THE TURN OF THE 19TH CENTURY. WE HAVE CONFIRMED THAT BASED ON OCCUPATION IN SAID SUBDIVISION THE WIOTH OF 66 FEET WAS CONSISTENTLY HELD.
TSOR 12S1SOV
(Right-of-Way = 80'R.) W. FULTON ST.
ABBREVIATIONS
R = RECORD
M = MEASURED
O. = OCCUPIEO
N. = NORTH
S = SOUTH
W. = WEST
E. = EAST
P O.C = POINT OF
COMMENCEMENT
CDOT# 08-27-14-3682
MAIL TO SCHUYLER, ROCHE t CRISHAM. P.C.
NATIONAL SURVCY SCRVICE. IHC. 2015 "*LL RIGHTS RCSCRVC0"
TWO PRUDENTIAL PLA7A 180 NORTH STETSON AVGN'X - SUITE 3700 CHICAGO tL C0601
SCALE: 1 "=80' PAGE 1 OF 3
SURVEY NO. N- 129450 SURVEY THIS INSTRUMCNT PREPARED DY:
NATIONAL SURVEY SERVICE, INC.
PROFESSIONAL LAND SURVEYORS
30 S MICHIGAN AVENUE. SUITE 200 CHICAGO. ILLINOIS 60603
www.naTIONALSURVEYSERvicE.COM TEL. 312-G30-9460 ,i.moOnni;onoisU'vepeM« com TAX: 312-630-9484
CIVIL 50 PROJECrs/N 1 294SO/9450.DWG/Loyout:Pogol CD-33
EXHIBIT "8"
PLAT OF RELEASE OF RESTRICTIVE COVENANT
CDOT# 08-27-14-3682
MAIL TO SCHUYLER. ROCHE S CRISHAM. P.C
TWO PRUDENTIAL PLAZA. 180 NORTH STETSON AVENUE - SUTIE 3700. CHICAGO IL 60C01
SURVEY NO. N-I 29-450 SURVEY THIS INSTRUMENT PREPARED DY:
NATIONAL SURVEY SERVICE, INC.
PROFESSIONAL LAND SURVEYORS
30 S. MICHIGAN AVENUE. SUITE 200 CHICAGO. ILLINOIS 60603
WWW.NATtONALSURVEYSCRVlCC.COM
SCALE: r=40' PAGE 2 OF 3
CIVIL 30 F'ROJECTS/NI 294 50/9450.DWG/Layout:Poga2 CO-33
EXHIBIT'fi"
PLAT OF RELEASE OF RESTRICTIVE COVENANT
PARCEL A
THAI PARI OF THE NORTH 1/2 OF VACATED WEST CARROLL AVENUE LYING SOUTH OF AND ADJOINING THE SOUTH UNE Of LOTS 14.15. AND 10 IN BLOCK 4 IN CARPENTER'S ADDITION TO CHICAGO A SUBDIVISION OF IHE SOUTHEAST 1/4 OF SECTION 8 TOWNSHIP 39 NORTH RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN. RECORDED AUGUST 31.1835 (ANTE-FIRE). LYING EAST OF AND ADJOINING A LINE DRAWN FROM THE SOUTHWEST CORNER OF LOT 16 AFORESAID TO THE NORTHWEST CORNER OF LOT 5 IN BLOCK 15 IN CARPENTER S ADO(T10N TO CHICAGO AFORESAID. SAID LINE BEING ALSO THE SOUTHERLY EXTENSION Of THE EAST LINE OF NORTH MORGAN STREET AND LYING WEST OF ANO ADJOINING THE SOUTHERLY EXTENSION Of A LINE. HEREINAFTER REFERRED TO AS LINE TV. SAID LINE BEING OESCRIBEO AS FOLLOWS
COMMENCING AT A POIN1 10 781 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 9 IN BLOCK 4 IN CARPENTER'S ADDmON TO CHICAGO AFORESAID; THENCE SOUTH 89 DEGREES 57 MINUTES 05 SECONDS EAST. 36J50 FEET; THENCE SOUTH 87 DEGREES 30 MINUTES 36 SECONDS EAST. ALONG A LINE WHOSE TERMINUS IS 19.95 FEET SOUTH Of THE NORTHEAST CORNER OF LOT 8 (AS MEASURED ALONG THE EAST LINE OF SAID LOT 8) IN BLOCK 4 IN CARPENTER'S ADDITION TO CHICAGO AFORESAID, A DISTANCE OF 103.20 FEET TO THE NORTHERLY TERMINUS OF THE AFOREMENTIONED UNE "A"; THENCE SOUTH 00 DEGREES 00 MINUTES OO SECONDS WEST. ALONG SATO UNE "A*. 185.43S FEET TO THE SOUTHERLY TERMINUS OF SAID UNE "A-. BEING A POINT ON THE SOUTH UNE OF LOT 14 AFORESAIO AND 139.30 FEET, (AS MEASURED ALONG THE SOUTH UNE OF LOTS 14. IS ANO 16 AFORESAIO. BEING ALSO THE NORTH LINE Of VACATED W. CARROLL AVENUE). EAST OF THE SOUTHWEST CORNER OF SAID LOT 16. IN COOK COUNTY. ILLINOIS.
PARCEL B.
THAT PART OF THE SOUTH 1/2 Of VACATED WEST CARROLL AVENUE LYING NORTH Of AND ADJOINING THE NORTH LINE OF LOTS 3.4 ANO 5 IN BLOCK 15 IN CARPENTER'S ADDfl ION TO CHICAGO A SUBDIVISION OF THE SOUTHEAST 174 OF SECTION 8 TOWNSHIP 39 NORTH RANGE 14 EAST OF THE THIRD PRINCIPAL MERIOIAN, RECOROED AUGUST 31,1836 (ANTE-FIRE). LYING EAST OF AND ADJOINING A LINE DRAWN FROM THE NORTHWEST CORNER OF LOT 5 AFORESAID TO THE SCIUTHWEST CORNER OF LOT 16 IN BLOCK 4 IN CARPENTER'S ADDITION TO CHICAGO AFORESAID. SAID LINE BEING ALSO THE SOUTHERLY EXTENSION OF THE EAST UNE OF NORTH MORGAN STREET AND LYING WEST OF AND ADJOINING THE NORTHERLY EXTENSION OF THE EAST LINE OF THE WEST 1/2 OF LOT 3 IN BLOCK 15 AFORESAID, IN COOK COUNTY. ILLINOIS.
AREA BASED ON RECORD DIMENSIONS AND BEING PORTION OF THE FULL VACATION PARCEL PER ORDINANCE RECORDED AS DOCUMENT NO. 0826245111 = 10.S85 SQUARE FEET OR 0.2430 ACRES MORE OR LESS
TOTAL AREA MEASURED: 8.732 SQUARE FEET OR 0.2005 ACRES MORE OR LESS
STATE OF tUJNOIS)
)SS
COUNTY OF COOK )
I JOSEPH A LIMA. AN ILLINOIS PROFESSIONAL LANO SURVEYOR OO HEREBY CERTIFY THAT I HAVE PRCPAREO THIS PLAT Of RELEASE OF RESTRICTIVE COVENANT DCSCRI8EO IN THE CAPTION ABOVE FOR THE PURPOSE OF RELEASING THE SAME AND THAT THE PLAT HEREON ORAWN tS A CORRECT REPRESENTATION THEREOF ANO THIS PROFESSIONAL SERVICE CONFORMS TO CURRENT ILLINOIS MINIMUM STANDARDS FOR A BOUNOARY SURVEY. THE FIELD WORK WAS COMPLETEO ON MAY 14.2014.
CHICAGO. UJNOrS JANUARY 29 Afl.2015
8* Jk*&^-
ni*«ypB(lf*g'3nmu it
MY LICENSE EXPIRES 11/30T2016
MAIL TO SCHUYLER. ROCHE 1 CRISHAM. P.c,.
TWO PRUDENTIAL PLAZA. 160 NORTH STETSON AVENUE - SUITE 37W. CHICAGO, U6O601
NATIONAL SURVEY SERVICE. INC. 2015 "ALL RIGHTS RESERVED"
STATE OF TUJNOIS )
)SS
COUNTY OF COOK )
NATIONAL SURVEY SERVICE. INC A CORPORATION OF THE STATE OF UJNOIS. UCENSE NO. 164.002760. EXPIRES: 04/30/2015 DOES HEREBY CERTIFY THAT THS PLAT HAS BEEN PREPAREO USING PREVIOUS SURVEY DATA MEASUREO MAY 14.2014 UNDER THE DIRECTION OF AN ILLINOIS PROFESSIONAL LAND SURVEYOR FOR THE PROPERTY DESCRIBED IN THE CAPTION ABOVE.
NATIONAL SURVEY SERVICE. INC.
SURVEY NO. N-1 29-ASO SURVEY THIS INSTRUMENT PREPARED BY:
NATIONAL SURVEY SERVICE, INC.
PROFESSIONAL LAND SURVEYORS
30 S. MICHIGAN AVENUE. SUITE 200 CMiCACO. ILLINOIS G0GO3
WWW.NATIONALSURVEYSERVICE.COM TCL: 312-630-9460 ji.moOfioKinatsu'.t^t'.ke com FAK: 312-6S0-9404
CIVIL 3D PROJCCTS/NT 29 4SO/9 4SO.OWG/Loyout:Pog<>3 CD-33
EXHIBIT D TO RELEASE
September 18, 2008 Restrictive Use Covenant (Attached)
RESTRICTIVE COVENANT
WHEREAS, The Nealey Family Limited Partnership; Pioneer Wholesale Meat Company; H. Carruth, L.L.L.P.; Active Propane Company and Roberts Electric Company ("Owners"), hold legal title to certain parcels of real property ("Abutting Property") which are located at 338 to 354 and 339 to 353 North Sangamon Street also 932 to 940 West Carroll Avenue; 321 to 329 North Sangamon Street; 942 to 956 West Carroll Avenue, 339 to 357 North Morgan Street; 320 to 328 North Sangamon Street, 933 to 943 West Carroll Avenue; 945 to 957 West Carroll Avenue and 321 to 329 North Morgan Street, in the County of Cook, State of Illinois, and which are currently used for the manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only, and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and other similar uses and facilities; and
WHEREAS, on May 14, 2008, the City Council of the City of Chicago approved an ordinance, a copy of which is attached as Exhibit A and which is hereby incorporated ("Ordinance") which Ordinance provided for the vacation of that part of North Sangamon Street,
0826245110 Page: 2 of 21
lying south of a line 160.76 feet, more or less (as measured in a northerly direction along the west line of north of the north line of West Wayman Street extended, also the vacation of West Carroll Avenue lying between the east line of North Morgan Street extended and the west line of North Sangamon Street extended, (after referred to as "Subject Premises"), the Subject Premises being more particularly described in Exhibit A which is attached and incorporated; and
WHEREAS, the vacation provided in the Ordinance is conditioned upon the execution and recording by the Owner of a restrictive covenant running with the land that provides that the Subject Premises shall be used only for manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only, and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and other similar uses and facilities;
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PASSAGE AND APPROVAL OF THE VACATION ORDINANCE AND THE VESTING OF TITLE IN THE Owner, WITHOUT THE REQUIREMENT THAT THE Owner PAY COMPENSATION TO THE CITY, THE Owner DOES HEREBY AGREE WITH AND COVENANT TO THE CITY OF CHICAGO AS FOLLOWS:
1. USE. The Owner hereby covenant to the City of Chicago that the above-described Subject Premises shall not be used for any use or purpose other than those which are set forth in Exhibit B, which is attached and incorporated, and for those uses and purposes which are accessory to such activities, including, but not limited to, the location of necessary and appropriate offices and facilities, storage, employee and customer parking and other similar uses
0826245110 Page: 3 of 21
and facilities. The consideration for such covenant, which is deemed and agreed to be valuable and sufficient, is the vacation by the City of Chicago of the Subject Premises for the benefit of Owner without the requirement that the Owner pay compensation to the City.
COVENANT TO RUN WITH THE LAND AND TERM THEREOF. The burdens of the covenant herein contained shall run with the Subject Premises. The benefits of such covenant shall be deemed in gross to the City of Chicago, its successors and assigns. The covenant shall be binding on the Owner, its successors and assigns, and shall be enforceable by the City, its successors and assigns. The covenant may be released or abandoned only upon approval of the City Council of the City of Chicago which may condition its approval upon the payment of such additional compensation by the Owner or any persons claiming under the Owner, which said City Council of the City of Chicago deems to be equal to the benefits accruing because of the release or abandonment of the covenant.
VIOLATION OF RESTRICTIONS.
(a) Reversion. In the event that the Owner causes or permits a violation of a restriction contained herein, the City of Chicago may serve the Owner with a written notice entitled NOTICE OF VIOLATION setting forth the violations. Such notice shall be sent to Owner at Nealey Family Limited Partnership, 900 West Fulton Market, Chicago, Illinois 60607; Pioneer Wholesale Meat Company, 1000 West Carroll Avenue, Chicago, Illinois 60607, H. Carruth Properties, LLC, 2708 Cheiftain Run, Duluth, Georgia, Active Propane, 600 North Broadway, Aurora, Illinois 60505, Roberts Electric, 311 North Morgan Street, Chicago, Illinois 60607. Within thirty (30) days of receipt of said Notice of Violation,
|1010|
0826245110 Page: A of 21
Owner shall cause the correction of or cure the violations set forth therein. In the event that Owner shall fail or refuse to cause the correction of or cure such violations witliin the period of thirty (30) days, the City of Chicago may then record with the Cook County Recorder of Deeds a copy of the Notice of Violation, proof of service of the Notice of Violation and a Notice of Reversion. Upon the recording of the aforementioned documents by the City of Chicago, the Subject Premises shall be deemed to be conveyed by Owner to the City of Chicago. In the event that the City does not exercise its right of reversion as stated in this Section 3(a) within twenty (20) years from the date of execution and recording of this Covenant, then the provisions of this Section 3(a) shall be deemed null and void.
(b) Enforcement. In addition to the foregoing, this Covenant shall be enforceable by all remedies available in law or in equity, including injunctive relief. IN WITNESS WHEREOF, the Owner has caused this Covenant to be duly executed and attested to this 7Z^day oi^^y^/ , 2008.
NEALEY FAMILY LIMITED PARTNERSHIP
0) Ue<*Mt^
ATTEST:
Its:
AOG-04-2008 10:09
ACCEPTED:^ jf/j^- ^ Commissioner otf rninsportation ArmOVED Aj^FOfcM AND LEGALITY: Assistant Corporation Counsel
PIONEER WHOLESALE MEAT COMPANY
By: V C
Its: f^^ejtQg/^T
ATTEST;
Its:
Coiynussioncr of Transportation
Assistant Corporation Counsel
H. CARRUTH PROPERTIES, LLC
By:
Its: /<$,. A/-/*/* ATTEST:
Its:
0826245110 Page: 6 of 21
ACCEPTED:
Commissioner of Transportation APPRQjtoD^S T&PQRM AND LEGALITY:
Assistant Corporation Counsel
PVJS Company formerly known as ACTIVE PROPANE a .
Its
ATTEST:
Its:
Assistant Corporation Counsel ROBERTS ELECTRIC
ATTEST:
Its:
0826245110 Page: 7 of 21
Assistant Corporation Counsel
|1010|0826245110 Page: 8 of 21
STATE OF ILLINOIS )
)
COUNTY OF COOK, )
I, the luidersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that J?s^^/^>K^fQ^Ay ¦ personally known to me to
be the ^^rf/^&^^JZ^ of The Nealey Family Partnership, who is personally
hc/sl^ signed and delivered the said instrument, for the uses and purposes
known lo me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such^/^^wj
therein set forth.
GIVEN under my hand and notarial seal this J~£j£> day of ,
/ Notary Public
My commission expires 7 ~Af~ si? •
Prepared by and when recorded, return to:
Ellen McCormaek
Assistant Corporation Counsel
121 North LaSalle Street
Room <500, City Hall
Chicago, Illinois 60602
312/744-6933
"Of FICIAL SEAL" iMucj CHRISTINE PUGH
uSoaJ cOvWSSON EXPOSES 07/13/0°
0826245110 Page: 9 of 21
STATE OF ILLINOIS )
)
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that //J*cs>£^ Co ? ^^C^t^r^ J , personally known to me to
be the A/^-^^f^^c^Z^ of the Pioneer Wholesale Meat Company, who is
personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me mis day in person and acknowledged that as such //s^^if^rti l—fTl^6i£*r£l*i—* he/s^p signed and delivered the said instrument, for die uses and purposes therein set forth.
GIVEN under my hand and notarial seal this.j$/^ day of k^ZZs 2008
My commission expires
Prepared by and when recorded, return to:
Ellen McCormaek
Assistant Corporation Counsel
121 North LaSalle Street
Room 600, City Hall
Chicago, Illinois 60602
312/744-6933
"OFFICIAL SEAL" CHRISTINE PUGH
COMWWfON EXPftfs 07/15/0?
|10 10|
AUG-04-2008 10:09
STATE OF ILLINOIS )
)
COUNTY OF COOK )
I, the imdcrsignod, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that Hz/lrt*be the pAtl-f*/to be the same person whose name is subscribed to the foregoing bstrumcttt, appeared before me
this day in person and acknowledged that as such
he/she signed and delivered the said irJitrumettt, for the uses end jjurposes therein set forth. GIVEN under my hand and notarial seal this day of Au.g^S'f^ .2008
Asa mrli hi
f Notary Public
My cornmisskm expires ^bt/e^nk^ 1S poP
Prepared by and when recorded, return to:
Ellen McCormaek
Assistant Corporation Counsel
121 North LaSalle Street
Room 600, City Hall
Chicago, niinois 60602
312/744-S933
10
0826245110 Page: 11 of 21
STATE OF ILLINOIS ) .
)
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that be the President
_, personally known to me to
PVJS Company, formerly known as of'the Active Propane Company, who is personally
known to me to be the same person whose name is subscribed to the foregoing instrument,
appeared before mc this day in person and acknowledged that as such .
he/stie signed and delivered the said instrument, for the uses and purposes
therein set forth.
GIVEN under my hand and notarial seal this /jT^'day of S^t^S. ( ^, 2008
My commission expires
Prepared by and when recorded, return to:
Ellen McCormaek
Assistant Corporation Counsel
121 North LaSalle Street
Room 600, City Hall
Chicago, Illinois 60602
312/744-6933
OFFICIAL SEAL Kenneth L Block
Noiary PuMic, Stale of Illinois My Commission Btp. 05/30/2010
11
0826245110 Page: 12 of 21
STATE OF ILLINOIS ¦ )
)
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that ^no< , personally known to me to
be the TVy-^s rien\ of the Roberts Electric Company, who is personally
known to me to be the same person whose name is subscribed to the foregoing instrument,
appeared before me this day in person and acknowledged that as such
he/she signed and delivered the said instrument, for the uses and purposes
therein set forth.
GIVEN under my hand and notarial seal this 2S day of
My commission expires ^{(Uj / ^1^0
Prepared by and when recorded, return to:
Ellen McCormaek
Assistant Corporation Counsel
121 North LaSalle Street
Room 600, City Hall
Chicago, Illinois 60602
312/744-6933
12
0826245110 Page: 13 of 21 EXHIBIT A - VACATION ORDINANCE
No. P.I.N, applicable - document affects newly vacated public way
13
0826245110 Page: 14 of 21
EXHIBIT "A"
5/14/2008 REPORTS OF COMMITTEES 28129
and similar other uses and facilities. Such covenant shall be enforceable in law or in equity and shall be deemed to provide for reconveyance of the property to the City upon substantial breach of the terms and conditions thereof. The benefits of such covenant shall be deemed in gross to the City of Chicago, its successors and assigns, and the burdens of such covenant shall run with and burden the public way vacated by this ordinance. The covenant may be re/eased by the City onty upon approval of the City Council which may condition its approval upon the payment of such additional compensation which it deems to be equal to the benefits accruing because of the vacation of the public way with restrictions on its use.
SECTION 6. The vacation herein provided for is made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance. Nealey Family Limited Partnership and Pioneer Wholesale Meat Company shall file or cause to be filed for record in the Office of the Recorder of Deeds of Cook County, Illinois a certified copy of this ordinance, together with a restrictive covenant complying with Section 5 of this ordinance, approved by the Corporation Counsel, and an attached drawing approved by the Superintendent of Maps.
SECTION 7. This ordinance shall take effect and be in force from and after its passage.
[Drawing and legal description referred to in this ordinance printed on page 28130 of this Journal.]
VACATION OF PORTIONS OF NORTH SANGAMON STREET AND WEST CARROLL AVENUE.
The Committee on Transportation and Public Way submitted the following report:
CHICAGO. May 12. 2008.
To (he President and Members of the Cily Council:
Your Committee on Transportation and Public Way begs leave to report and recommend that Your Honorable Etody Pass an ordinance for the vacalion of that part
(Continued on page 28131)
0826245110 Page: 15 of 21
5/14/2008 REPORTS OF COMMITTEES 28131
(Continued from page 28129)
of North Sangamon Street, lying south of a line 160.76 feet, more, or less (as measured in a northerly direction along the west line of North Sangamon Street) north of the north line of West Carroll Avenue, lying north of the north line of West Wayman Street extended, also the vacation of West Carroll Avenue lying between the east line of North Morgan Street extended and the west line of North Sangamon Street extended. This ordinance was referred to the Committee on April 9, 2008.
This recommendation was concurred in unanimously by a viva voce vote of the members of the Committee, with no dissenting vote.
Respectfully submitted,
(Signed) THOMAS R. ALLEN.
Chairman.
On motion of Alderman Allen, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows:
Yeas — Aldermen Flores. Fioretti, Dowefl, Preckwinkle, Hairston, Lyle, Harris. Beale, Pope, Balcer. Cardenas, Olivo, Burke. Foulkes, Thompson, Thomas, Lane, Rugai. Cochran, Brookins. Munoz, Zalewski, Dixon, Solis. Ocasio. Burnett, E. Smith, Carothers, Reboyras, Suarez. Waguespack. Mell, Austin, Colon. Banks. Mitts. Allen. Laurino. O'Connor, Doherty, Reilly, Daley, Tunney, Levar, Shiller, Schulter. Moore, Stone — 48.
Nays - None.
Alderman Carothers moved lo reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed:
WHEREAS. The City of Chicago CCity") 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 lias experienced a significant loss of industry and jobs in recent years, accompanied by a conesponding erosion of its tax base, due in part to industrial firms' inability to acquire additional property needed for their continued viability and growth; and
0826245110 Page: 16 of 21
28132 JOURNAL-CITY COUNCIL—CHICAGO 5/14/2008
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 would benefit from the vacation of these streets and alleys by reducing City expenditures on maintenance, repair and replacement; by reducing fly-dumping, vandalism and other criminal activity: and by expanding the City's property tax base; and
WHEREAS, The City can strengthen established industrial areas and expand the City's job 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 338 to 354 North Sangamon Street, the properties at 339 to • 353 North Sangamon Street, and the properties at 932 to 940 West Carroll Avenue are owned by Nealey Family Limited Partnership; and
WHEREAS. Nealey Family Limited Partnership employs eighty-six (86) full time employees in food processing; and
WHEREAS, Nealey Family Limited Partnership proposes to use the portion of the streets to be vacated herein for motor vehicle parking and tank storage; and
WHEREAS, The properly at 321 to 329 North Sangamon Street is owned by Pioneer Wholesale Meat Company, and
WHEREAS, Pioneer Wholesale Meat Company employs twenty-four (24) full time employees in wholesale meat processing; and
WHEREAS, Pioneer Wholesale Meat Company proposes to use the portion of the streets to be vacated herein for fenced in parking; and
WHEREAS. The properties at 942 to 956 West Carroll Avenue and the properties at 339 to 357 North Morgan Street are owned by H. Carruth. L. L L. P and
WHEREAS. H. Carruth, L. L. L. P. teases a building structure with a parking lot to Pittsburgh Paint Company; and
WHEREAS, H. Carruth, L. L. L. P. proposes to use the portion of the streets to be vacated herein to expand parking; and
WHEREAS, The properties at 320 to 328 North Sangamon Street and the properties at 933 to 943 West Carroll Avenue are owned by Active Propane Company; and
12.
0826245110 Page: 17 of 21
5/14/2008 REPORTS OF COMMITTEES 28133
WHEREAS, Active Propane Company employs ten (10) full time employees in propane processing; and
WHEREAS, Active Propane Company proposes to use ttie portion of the streets to be vacated herein for truck parking and empty tank storage; and
WHEREAS. The properties at 945 to 957 West Carroll Avenue and the properties at 321 to 329 North Morgan Street are owned by Roberts Electric Company; and
WHEREAS. Roberts Electric Company employs three (3) full time employees in a mail order house, selling hydraulic equipment; and
WHEREAS, Roberts Electric Company proposes to use the portion of the streets to be vacated herein for employee parking; 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 part of public streets described in the following ordinance; now, therefore.
Be It Ordained by the City Council of the City of Chicago:
SECTION 1. All that part of North Sangamon Street lying east of the east line of Lots 8,11 and 12 in Block 4, lying east of the east line of Lot 1 in Block 15. lying east of a line drawn from the southeast corner of Lot 12 in Block 4 to the northeast corner of Lot 1 in Block 15, lying west of the west line of Lot 5 all in Carpenter's Addition to Chicago, being a subdivision of the southeast quarter of Section 8. Township 39 North, Range 14. East of the Third Principal Meridian in Cook County. Illinois, lying west of the west line of Lots 17,18 and 19, in subdivision of Block 3 of Carpenter's Addition to Chicago aforesaid, tying west of a line drawn from the southwest comer of Lot 18 in Subdivision of Block 3 of Carpenter's Addition to Chicago aforesaid to the northwest corner of Lot 19 in subdivision of Block 3 of Carpenter's Addition to Chicago aforesaid, lying south and southerly of a line 20 feet south, southerly of and parallel with a line drawn from a point on the west line of Lot 17 said point being 154.48 feet, more or less, north of the south line of Lot 19 in subdivision of Block 3 aforesaid (as measured In a southerly direction along the west line of Lots 17.18 and 19 and along a line drawn from the southwest corner of Lot 18 to the northwest corner of Lot 19 all in subdivision of Block 3 of Carpenter's Addition to Chicago aforesaid) to a point on the west line of Lot 8 said point being 160.76 feet, more or less, north of the south line of Lot 12 in Block 4 in Carpenter's Addition to Chicago aforesaid (as measured in a southerly direction along the east line of Lots 8, 11 and 12 in Block 4 in Carpenter's Addition to Chicago aforesaid) and lying north of the north line of the south 16 feet of Lot 5 (the south 16 feet of
0826245110 Page: 18 of 21
28134 JOURNAL—CITY COUNCIL-CHICAGO 5/14/2008
said Lot 5 taken for street) in Block 16 in Carpenter's Addition to Chicago aforesaid extended west to the east line of Lot 1 in Block 15 in Carpenter's Addition to Chicago aforesaid.
Also.
all that part of West Carroll Avenue lying south of the south line of Lots 12 to 16. both inclusive, in Block 4. lying north of the north line of Lots 1 to 5. both inclusive, in Block 15, lying west a line drawn from Ihe southeast corner of Lot 12 in Block 4 to the northeast corner of Lot 1 in Block 15 and lying east of a line drawn from the southwest corner of Lot 16 in Block 4 to the northwest corner of Lot 5 in Block 15 all in Carpenter's Addition to Chicago aforesaid, said part of public streets herein vacated being further described as that part of North Sangamon Street, lying south of a line 160.76 feet, more or less (as measured in a northerly direction along the west tine of North Sangamon Street) north of the north line of West Carroll Avenue, lying north of the north line of West Wayman Street extended, also the vacation of West Carroll Avenue lying between the east line of North Morgan Street extended and the west line of North Sangamon Street extended, as shaded and indicated by the words "To Be Vacated" on the drawing hereto attached, which drawing for greater certainly is hereby made a part of this ordinance, be and the same are hereby vacated and closed, inasmuch as the same are no longer required for public use and the public interest will be subserved by such vacations.
SECTION 2. The vacations herein provided for are made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, Nealey Family Limited Partnership, H. Carruth, L. L. L. P Active Propane Company and Roberts Electric Company shall deposit in the City Treasury of the City of Chicago a sum sufficient to defray the costs of removing paving and curb returns and constructing sidewalk and curb across the entrance to that part of the public street hereby vacated, similar to the sidewalk and curb along east side of North Morgan Street lying between the south line.of West Kinzie Street and the north line West Wayman Street. The precise amount of the sum so deposited shall be ascertained by (he Office of Emergency Management and Communications - Traffic Management Authority. Permits Division after such investigation as is requisite and deposited with the Chicago Department of Revenue.
SECTION 3. The City of Chicago hereby reserves that part of North Sangamon Street as herein vacated, as a right-of-way for an existing sewer and for the installation of any additional sewers or other municipally-owned service facilities now located or which in the future may be located in that part of North Sangamon Street as herein vacated, and for the maintenance, renewal and reconstruction of such facilities. It is further provided that no buildings or other structures shall be erected on said right-of-way herein reserved or other use made of said area, which in the judgment of the respective municipal 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 municipally-owned service facilities.
0826245110 Page: 19 of 21
5/14/2008 REPORTS OF COMMITTEES 28135
The vacations herein provided for are made upon the express condition that the Nealey Family Limited Partnership. H. Carruth. L. L L. P Active Propane Company. Roberts Electric Company and Pioneer Wholesale Meat Company shall agree to accept and maintain as private sewers all existing sewers and appurtenances thereto.which are located in that part of West Carroll Avenue as herein vacated.
SECTION 4. The City of Chicago hereby reserves for the benefit of Commonwealth Edison and AT&T/SBC. their successors or assigns, an easement to operate, maintain, construct, replace and renew overhead poles, wires and associated equipment and underground conduit, cables and associated equipment for the transmission and distribution of electrical energy and telephonic and associated services under, over and along that part of West Carroll Avenue and North Sangamon Street as herein vacated, with the right of ingress and egress.
SECTION 5. The Commissioner of Transportation is hereby authorized to accept, subject to the approval of the Corporation Counsel as to form and legality, and on behalf of the City of Chicago, the benefits of a covenant or similar instrument restricting the use of the public way vacated by this ordinance to the manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and similar other uses and facilities. Such covenant shall be enforceable in law or in equity and shall be deemed lo provide for reconveyance of (he property to the city upon substantial breach of the terms and conditions thereof. The benefits of such covenant shall be deemed in gross to the City of Chicago, its successors and assigns, and the burdens of such covenant shall run with and burden the public way vacated by this ordinance. The covenant may be released by the City only upon approval of the City Council which may condition its approval upon the payment of such additional compensation which it deems to be equal to the benefits accruing because of the vacation of the public ways with restrictions on its use.
SECTION 6. The vacations herein provided for are made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, Nealey Family Limited Partnership, Pioneer Wholesale Meat Company. H. Carruth. L. L. L. P., Active Propane Company and Roberts Electric Company shall file or cause to be filed for record in the Office of the Recorder of Oeeds of Cook County, Illinois a certified copy of this ordinance, together with a restrictive covenant complying with Section 5 of this ordinance, approved by the Corporation Counsel, and an attached drawing approved by the Superintendent of Maps.
SECTION 7. This ordinance shall take effect and be in force from and after its passage.
(Drawing and legal description referred to in this ordinance printed on page 28136 of this Journal.)
0826245110 Page: 20 of 21
JOURNAL—CITY COUNCIL-CHICAGO
{Ordinance associated with this drawing and legal description printed on pages 28133 through 28135 of this Journal.]
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0826245110 Page: 21 of 21
EXHIBIT B - PERMITTED USES
I. Manufacturing, production, processing, assembly, fabricating, cleaning, servicing and repair of materials, goods or products, including but not limited to the following:
Food and Kindred Products
Tobacco Products
Apparel and Other Textile Products
Lumber and Wood Products
Furniture and Fixtures
Paper and Allied Products
Printed and Published Products
Chemicals and Allied Products
i. Petroleum and Coal Products
j. Rubber and Miscellaneous Plastics
k. Leather and Leather Products
I. Stone, Clay and Glass Products
m. Primary Metals
n. Fabricated Metal Products
o. Industrial Machinery and Equipment
p. Electronic and Electric Equipment
q. Transportation Equipment
r. Instruments and Related Products
s. Scrap Metals
Transportation and wholesale trade, as distinguished from retail trade, of the materials, goods or products listed above.
Research and development of prototypes and processes related to the activities listed above.
H:ResuicriveCovenantNealeyFamilyPai1neKhipCarmthEM
14
CITY COUNCIL
City of Chicago
COUNCIL CHAMBER
CiiY H.v. i. -Secono Floor 121 North LaSalle Street Chicago. Illinois 60602 Telephone 312-744-4096
Fax: 312-744-8155
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 112th Place Chicago, Illinois 60628 telephone: (773)785-1100 Fax: (773) 785-2790
e-mail: ward09@cityofchicago.org July 22, 2015
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 A proposed time extension ordinance for a proposed release of Industrial Program Restrictive Covenant on the area described as the Westernmost portion of vacated West Carroll Avenue between North Morgan Street and vacated North Sangamon Street. This ordinance was referred to the Committee on July 22, 2015.
This recommendation was concurred unanimously by a viva voce vote of the members of the Committee with no dissenting vote.
(Ward 27)
Respectfully submitted,
Anthony Beale, Chairman
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