Skip to main content
Record #: O2015-7827   
Type: Ordinance Status: Passed
Intro date: 10/28/2015 Current Controlling Legislative Body: Committee on Transportation and Public Way
Final action: 11/18/2015
Title: Dedication and vacation of public way(s) in area bounded by S Carpenter St, W 90th St, S May St and Metra Rock Island Railroad
Sponsors: Brookins, Jr., Howard
Topic: ALLEY - Vacation, - PUBLIC TRANSPORTATION - Metra, - STREETS - Vacations
Attachments: 1. O2015-7827.pdf

INTERGOVERNMENTAL ORDINANCE

 

 

 

WHEREAS, the City of Chicago ("City") is a home rule unit of local government pursuant to Article VII, Section 6 (a) of the 1970 constitution of the State of Illinois and, as such, may exercise any power and perform any function pertaining to its government and affairs; and

 

 

WHEREAS, the properties at 8903-8905 S. May Street, 8903-8905 and 8902-8904 S. Aberdeen Street, and 8902-8904 S. Carpenter Street are owned by The Commuter Rail Division ofthe Regional Transportation Authority, a Municipal Corporation ("Metra"); and

 

 

WHEREAS, Metra proposes to assemble properties including the portion of the street and alleys herein vacated; 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 the public street and alleys described in the following ordinance; now, therefore,

 

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:

 

SECTION 1. TO BE DEDICATED: PARCEL 1 (P.I.N. 25-05-218-047)

THE SOUTH 16 FEET OF LOT 47, LOT 46 (EXCEPT THAT PART LYING SOUTHERLY OF A LINE THAT IS 40.00 FEET SOUTHERLY OF THE CENTERLINE OF THE MAIN TRACK OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD), IN BLOCK 7 IN W.O. COLE'S SUBDIVISION OF THE NORTH 90.37 ACRES OF THAT PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILWAY, ANTE FIRE, IN COOK COUNTY, ILLINOIS. SAID PARCEL CONTAINING 3,927 SQ.FT OR 0.090 ACRE MORE OR LESS.

TOGETHER WITH PARCEL 2 (P.I.N. 25-05-218-044)

THE SOUTH 16 FEET OF LOT 2, LOT 3 (EXCEPT THAT PART LYING SOUTHERLY OF A LINE THAT IS 40.00 FEET SOUTHERLY OF THE CENTERLINE OF THE MAIN TRACK OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD), IN BLOCK 7 IN W.O. COLE'S SUBDIVISION OF THE NORTH 90.37 ACRES OF THAT PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILWAY, ANTE FIRE, IN COOK COUNTY, ILLINOIS. SAID PARCEL CONTAINS 4,742 SQ.FT OR 0.109 ACRE MORE OR LESS

 

 

Page 1

 

 

TOGETHER WITH PARCEL 3 (P.I.N. 25-05-219-065)

THE SOUTH 16 FEET OF LOT 47, LOT 46 AND LOT 45 (EXCEPT THAT PART LYING SOUTHERLY OF A LINE THAT IS 40.00 FEET SOUTHERLY OF THE CENTERLINE OF THE MAIN TRACK OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD), IN BLOCK 8 IN W.O. COLE'S SUBDIVISION OF THE NORTH 90.37 ACRES OF THAT PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILWAY, ANTE FIRE, IN COOK COUNTY, ILLINOIS. SAID PARCEL CONTAINING 5,862 SQ.FT OR 0.135 ACRE MORE OR LESS

TOGETHER WITH PARCEL 4 (P.I.N. 25-05-219-062)

THE SOUTH 16 FEET OF LOT 2, LOT 3 AND LOT 4 (EXCEPT THAT PART LYING SOUTHERLY OF A LINE THAT IS 40.00 FEET SOUTHERLY OF THE CENTERLINE OF THE MAIN TRACK OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD), IN BLOCK 8 IN W.O. COLE'S SUBDIVISION OF THE NORTH 90.37 ACRES OF THAT PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILWAY, ANTE FIRE, IN COOK COUNTY, ILLINOIS. SAID PARCEL CONTAINING 6,677 SQ.FT OR 0.153 ACRE MORE OR LESS, TOTAL AREA DEDICATED TO BE 21,208 SQ.FT OR 0.487 ACRES MORE OR LESS

all four (4) parcels as shaded and legally described by the words "HEREBY DEDICATED FOR PUBLIC WAY PURPOSES" on the plat hereto attached as Exhibit A, which drawing for greater clarity, is hereby made a part ofthis ordinance

TO BE VACATED:

THAT PART OF THE W. 89TH STREET (5.5 FEET IN WIDTH) LYING SOUTH OF AND ADJOINING THE SOUTH LINE OF VACATION OF W. 89TH STREET BY QUIT CLAIM TO C.R.I.&P. RR. BY ORDINANCE PASSED JULY 13, 1908; LYING EAST OF AND ADJOINING THE EAST LINE S. MAY STREET; AND LYING WEST OF AND ADJOINING EAST LINE OF S. CARPENTER STREET; TOGETHER WITH LOT 48 AND LOT 1 IN BLOCK 7; ALSO LOT 48 AND LOT 1 IN BLOCK 8; TOGETHER WITH THAT PART OF THE NORTH-SOUTH 14 FOOT WIDE PUBLIC ALLEY IN SAID BLOCK 7 LYING SOUTH OF AND ADJOINING A LINE FROM THE NORTHEAST CORNER OF LOT 48 TO THE NORTHWEST CORNER OF LOT 1 AND LYING NORTH OF AND ADJOINING A LINE FROM THE NORTHEAST CORNER OF THE SOUTH 16.00 FEET OF LOT 47 IN SAID BLOCK 7 TO THE NORTHWEST CORNER OF THE SOUTH 16.00 FEET OF LOT 2 IN SAID BLOCK 7; TOGETHER WITH THAT PART OF THE 66 FOOT WIDE RIGHT OF WAY OF S. ABERDEEN STREET LYING SOUTH OF AND ADJOINING A LINE FROM THE NORTHEAST CORNER OF LOT 1 IN SAID BLOCK 7 TO THE NORTHWEST CORNER OF LOT 48 IN SAID BLOCK 8 AND LYING NORTH OF AND ADJOINING A LINE FROM THE NORTHEAST CORNER OF THE SOUTH 16.00 FEET OF LOT 2 IN SAID BLOCK 7 TO THE NORTHWEST CORNER OF THE SOUTH 16.00 FEET OF LOT 47 IN SAID BLOCK 8; TOGETHER WITH THAT PART OF THE NORTH-SOUTH 14 FOOT WIDE PUBLIC ALLEY IN SAID BLOCK 8 LYING SOUTH OF AND ADJOINING A LINE FROM THE NORTHEAST CORNER OF LOT 48 TO THE NORTHWEST CORNER OF LOT 1 AND LYING NORTH OF AND ADJOINING A LINE FROM THE NORTHEAST CORNER OF THE SOUTH 16.00 FEET OF LOT 47 IN SAID BLOCK 8 TO THE NORTHWEST CORNER OF

 

 

Page 2

 

THE SOUTH 16.00 FEET OF LOT 2 IN SAID BLOCK 8; TOGETHER WITH THAT PART OF THE 66 FOOT WIDE RIGHT OF WAY OF S. CARPENTER STREET LYING SOUTH OF AND ADJOINING A LINE FROM THE NORTHEAST CORNER OF LOT 1 IN SAID BLOCK 8 TO THE NORTHWEST CORNER OF LOT 48 IN BLOCK 9 AND LYING NORTH OF AND ADJOINING THE EASTERLY EXTENSION OF THE NORTH LINE OF THE SOUTH 16.00 FEET OF LOT 2 IN SAID BLOCK 8 TO THE WEST LINE OF LOT 47 IN BLOCK 9, ALSO BEING THE EAST RIGHT OF WAY LINE OF SAID S. CARPENTER STREET; ALL INCLUSIVE IN W.O. COLE'S SUBDIVISION OF THE NORTH 90.37 ACRES OF THAT PART OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING WEST OF THE CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD, ANTE FIRE,, ALL IN COOK COUNTY, ILLINOIS, SAID PARCEL CONTAINING 21,604 SQ.FT. OR 0.496 ACRE MORE OR LESS as shaded and legally described by the words "HEREBY VACATED" on the plat hereto attached as Exhibit B, which drawing for greater clarity, is hereby made a part of this ordinance, be and the same is hereby vacated and closed, inasmuch as the same is no longer required for public use and the public interest will be subserved by such vacation.

 

 

SECTION 2. The City of Chicago hereby reserves the full width (66 feet) of South Aberdeen and South Carpenter Streets as herein vacated, as a right of way for an existing Department of Water Management water and sewer mains and appurtenances thereto, and for the installation of any additional water and sewer mains and appurtenances which in the future may be located within the 66 feet as herein vacated, and for the maintenance, renewal, and reconstruction of such facilities, with the right of ingress and egress at all times upon reasonable notice. It is further provided that no buildings or other structures shall be erected on the said rights of way herein reserved, or other use made of said area, which in the judgment ofthe municipal officials having control ofthe aforesaid service facilities would interfere with the use, maintenance, renewal, or reconstruction of said facilities, or the construction of additional municipally-owned service facilities. It is further provided that any vacation-beneficiary prompted adjustments to Department of Water Management water and sewer facilities in the area to be vacated, and the repair, renewal or replacement of any private materials, or private property damaged in the area to be vacated as a result ofthe City exercising its easement rights shall be done at the beneficiary's expense.

 

 

SECTION 3. The vacation and dedication herein provided for are made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, Metra 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 the full sized corresponding plats as approved by the Superintendent of Maps and Plats.

 

 

SECTION 4. This ordinance shall take effect and be in force from and after its passage and publication. The vacation and dedication shall take effect and be in force from and after their recordings.

 

 

 

 

 

 

 

 

Page 3

 

Vacations and Dedication Approved:

 

 

 

 

Commissioner

 

Wendy

Richard Wendy Deputy Corporation Counsel

Approved as to Form and Legality 1

lonorable Howard Brookins Jr. Alderman, 21st Ward

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 4