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Record #: O2021-3973   
Type: Ordinance Status: Passed
Intro date: 9/14/2021 Current Controlling Legislative Body: Committee on Transportation and Public Way
Final action: 10/14/2021
Title: Dedication and vacation of public way(s) in area bounded by W Cermak Rd, S Troy St, W 23rd St and S Kedzie Ave
Sponsors: Cardenas, George A.
Topic: ALLEY - Dedications, - ALLEY - Vacation, - STREETS - Dedications, - STREETS - Vacations
Attachments: 1. O2021-3973.pdf

INTERGOVERNMENTAL VACATION & DEDICATION 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 ofthe 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 2222-2258 S. Troy Street, 3134-3144 W. 23rd Street, 3148-3158 W. 23rd Street and 2223-2259 S. Kedzie Avenue, Chicago, Illinois, are owned by the Public Building Commission of Chicago, ah Illinois municipal corporation ("Public Building Commission"); and

 

 

WHEREAS, the Public Building Commission proposes to assemble the aforementioned properties and the portions of the alley to be vacated pursuant to this ordinance, for the benefit of G. Delgado Kanoon Magnet Elementary Public School ("Kanoon Magnet School"); and

 

 

WHEREAS, Kanoon Magnet School already has constructed a student playlot and staff parking lot on the areas to be vacated; and

 

 

WHEREAS, Kanoon Magnet School already has built a new public alley on an adjacent lot belonging to the Public Building Commission to serve the block; and

 

 

WHEREAS the Public Building Commission now wishes to remedy and correct the ownership of the areas being vacated and dedicated; and

 

 

WHEREAS, the City Council of the City of Chicago, after due investigation and consideration, has determined that the nature and extent of the public use and the public interest to be subserved is such as to warrant the vacation and dedication of the public alleys described in this ordinance; now, therefore,

 

 

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

 

 

SECTION 1. Legal Descriptions

 

 

Dedication of: THE NORTH 16 FEET OF LOT 47 IN DR. WILLIAM PEPPER'S DOUGLAS PARK ADDITION TO CHICAGO IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 25, TOWNSHIP 39 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN. RECORDED AS DOCUMENT* 1158007 DATED SEPTEMBER 18,1889 IN COOK COUNTY, ILLINOIS, SAID ABOVE DESCRIBED PARCEL CONTAINING 2,016 SQUARE FEET OR 0.0463 ACRES MORE OR LESS, as shaded and legally described by the words "HEREBY

 

 

DEDICATED" on the plat hereto attached as EXHIBIT A, which plat for greater clarity is hereby made a part of this ordinance, be and the same is hereby opened to traffic, inasmuch as the same is required for public use and the public interest will be subserved by such dedication.

 

 

 

Vacation of: THAT PART OF THE NORTH-SOUTH 16 FOOT WIDE PUBLIC ALLEY LYING EAST OF AND ADJOINING THE EAST LINE OF LOTS 33 AND 34; LYING WEST OF AND ADJOINING THE WEST LINE OF LOTS 77 AND 78; LYING NORTH OF AND ADJOINING THE NORTH RIGHT OF WAY OF W. 23RD STREET AND LYING SOUTH OF AND ADJOINING THE SOUTHERN TERMINUS OF THAT PARTOF SAID NORTH-SOUTH 16 FOOT WIDE PUBLIC ALLEY PREVIOUSLY VACATED BY ORDINANCE PASSED JULY 7,1978 AND RECORDED DECEMBER 13,1978 AS DOCUMENT NUMBER 24761875; ALONG WITH THE ADJOINING WEST 50 FEET OF SAID LOTS 77 AND 78 AS OPENED ALLEY BY SAID ORDINANCE, ALL INCLUSIVE IN DR. WILLIAM PEPPER'S DOUGLAS PARK ADDITION IN THE WEST HALF OFTHENORTHWESTQUARTEROFSECTION25.TOWNSHIP39 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT RECORDED ON SEPTEMBER 18, 1889 AS DOCUMENT NUMBER 1158007, ALL IN COOK COUNTY, ILLINOIS, SAID ABOVE DESCRIBED PARCEL CONTAINING 3510 SQUARE FEET O R 0.081 ACRES, MORE OR LESS;

 

TOGETHER WITH THAT PART OF THE NORTH-SOUTH 16 FOOT WIDE PUBLIC ALLEY EAST OF AND ADJOINING THE EAST LINE OF LOTS 42 THROUGH 46 AND THAT PART OF LOT 47; LYING WEST OF AND ADJOINING THE WEST LINE OF THAT PART OF LOT 64 AND LOTS 65 THROUGH 69; LYING SOUTH OF AND ADJOINING THE EASTERLY EXTENSION OF THE SOUTH LINE OF THE NORTH 16 FEET OF LOT 47 TO THE INTERSECTION WITHTHE WEST LINE OF LOT 64 AND LYING NORTH OF AND ADJOINING THE NORTHERN TERMINUS OF THAT PART OF SAID NORTH-SOUTH 16 FOOT WIDE PUBLIC ALLEY PREVIOUSLY VACATED BY ORDINANCE PASSED JULY 7, 1978 AND RECORDED DECEMBER 13,1978 AS DOCUMENT NUMBER 24761875; ALONG WITH THE ADJOINING EAST 50 FEET OF SAID LOTS 42 AND 43 AS OPEN ALLEY BY SAID ORDINANCE, ALL INCLUSIVE IN DR. WILLIAM PEPPER'S DOUGLAS PARK ADDITION IN THE WEST HALF OFTHE NORTHWEST QUARTEROF SECTION 25, TOWNSHIP 39 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL, MERIDIAN, ACCORDING TO THE PLAT RECORDED ON SEPTEMBER 18,1889 AS DOCUMENT NUMBER 1158007, ALL IN COOK COUNTY, ILLINOIS, SAID ABOVE DESCRIBED PARCEL CONTAINING 4644 SQUARE FEET OR 0.107 ACRES, MORE OR LESS, WITH THE TOTAL AREA IN SAID ABOVE PARCELS DESCRIBED BEING 8154 SQUARE FEET OR 0.188 ACRES, MORE OR LESS, as shaded and legally described by the words "HEREBY VACATED" on the plat hereto attached as EXHIBIT B, which plat for greater clarity is hereby made a part of this ordinance, be and the same is hereby vacated and closed, inasmuch as the same is no longer required for public use and the public interest will be subserved by such vacation.

 

 

 

SECTION 2. The area herein dedicated contains no public sewers or public water mains. The Public Building Commission acknowledges that any existing-private sewers, water mains, appurtenances and connections within the area to be dedicated shall be sealed, removed or relocated to private property at the Public Building Commission's expense, in accordance with the standard procedures of the Department of Water Management, or established as public through City Council action. In the event of abandonment of private facilities, the plans must be

 

 

reviewed, approved and permitted by the Department of Water Management prior to work. The Public Building Commission understands its responsibility to provide proper drainage, and lay new sewer main and associated structures, at its expense in the alley herein dedicated, in accordance with plans reviewed, approved and permitted by the Department of Water Management, Sewer Design Section, prior to work. Acceptance of new sewers is contingent upon submittal of as-built drawings, and physical and videotape inspection provided by the Public Building Commission to the Department of Water Management within 30 days of completion. All sewer work in both the public way and on private property requires a permit for a Licensed Drainlayer as secured through the Department of Buildings, Sewer Permit Section.

 

 

SECTION 3. The vacation and dedication herein provided for are made upon the express condition that within 180 days afterthe passage of this ordinance, and prior to recording, the Public Building Commission shall 1) deposit in the City Treasury of the City of Chicago a quoted sum sufficient to defray the costs of work to public paving, curb, and related appurtenances, 2) construct the directed improvements in accordance with the most current version of the Chicago Department of Transportation's Reputations for Opening, Repair and Construction in the Public Way and its appendices and as agreed to in the Duty to Build Agreement hereto attached as EXHIBIT C, and 3) submit for field inspection and approval ofthe construction to the CDOT Division of Infrastructure Management, Construction Compliance Unit, Room 905 City Hall.

 

 

SECTION 4. 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, the Public Building Commission, or its assign, shall file or cause to be filed for recordation with the Office of the Clerk of Cook County, Illinois, Recordings Division, a certified copy of this ordinance, together with the associated full-sized plats as approved by the Department of Transportation's Superintendent of Maps and Plats.

 

 

SECTION 5. This ordinance shall take effect and be in force from and after its passage and publication. The vacation and dedication shall take effect and be in force from and after the recording of this ordinance and the associated plats.

 

Dedication and Vacation Approved:

Commissioner

Department of Transportation

 

 

 

Approved as to Form and Legality

 

Arthur Dolinsky Senior Counsel

 

 

 

Introduced By:

Honorable George Cardenas Alderman, 12th Ward

 

NORTH

-CAI. 0CSCRIPT|ON:

IHt iJOHIH 16 till O- LOT 47 IN OH WILLIAMPU'PLHS DOUGLAS PARK ACOITION TO CHICAGO IN THE WEST HAL= : OF THE NORTHWEST OUARTER OF SECION 35. TOWNSHP 3M NORlri'RANCfc. 13 EAST Ol- THL THIRD PRINCIPAL MERIDIAN. RECORDED AS DOCUMENT » 1156007 DATED SEPTEMBER r « ' 869 IN COOK COUNTY, LLINCMS (SAID ABOVE DESCRIBES =ARCEl CONTAININO 1 016 SOUARF FFFT OR OMti ACRES MORFORIFSS)'

PLAT OF DEDICATION

THAT.PAR] IK OR. WILLIAM PEP'tR S W-sLAS PARK ADDITION I0CHCAGOIN Tut WtSI HAL> Ol-   Ht NOKIHWtS- OUAK'tH OF SECTION 25 T01AK5HP 30 NORTH. RANGE 13 EAST Or THE THIRD PRINCIPAL MERIDIAN. ^ECORDiU AS DOCUMENT * I'Mlfl AFFECTEDPIN NUMBERS; ' TATEO SEPTEMBER  (   M9 IN COOK COUNTY I , INCIS

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FIELD WORK DONE: IC 1*2020 ORDERFO RY: J FKIS ASSOCIATFS WC.

NC'ES:

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• DIMENSIONS ARE SHOWN IN FEET AND DECIMAL PACTS' T-ERFOF

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W. CERMAK RD

(66-ROVJI

                     THERE ARE NO DUILDINO STRUCTURES OR APPARENT FEATURES OR PARTS THEREOF IN THE AREAS OF THE PUBLIC WAY THAT ARE BfcWG HEREBY DEDICATED

                     03-2 (COMMERCIAL SHOPPING DISTRICT)

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LOT S 51

 

 

53

LOT 52

 

 

55

58

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                            execunvE itrector. and

. SECRETARY OF THE PJ3ufC BUILKNO COMMISSION. PERSONALLY KNOWN TO Me TO BE THE SAME PERSONS WHOSE NAMES A3£ SUBSCRIBED TO THE FOREGOING INSTRUMENT OF THE EXECUIIVE DIRECTOR AND SECHETARY

'                                          RESPECTIVELY. APPEARED BEFORE

m? THIS BAY N PERSON W3 acknowledged that they

SIGNED AM) DELIVERED. SAO NSTRUMENT AS THEF OWN FREE AND VOLUNTARY ACI OF SAM) MUNICIPAL CORPORATION FOR THE USES AMD PURPOSES THEREIN SET FORTH.

GIVEN UNDFR MY HAND AND NOTARIAL SEAL THIS

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LEGAL DESCRIPTION:

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EXHIBIT -IV-

PLAT OF VACATION

THAT PART IN 3R WILlIAM PEPPER S OOlKJLAS PARK ADOriRN TO CHICAGO BN THE WESr HALF OT THE NORTHWEST OLA3TER OF SFCTICN ?5. """OWNSHIP 3? KORTH,'RANGE 13 FAST OF THE

THIRD PRINCIPAL MERIDIAN. RECORDED AS DOCUMENT « 11MCOT SoCU»^NwS»w"» k DATED SEPTEMBER 1$ 18M IN COOK COUN^ ILIINCIS.

WES T Ml FEE T OF SAID LO TS 77 AND 78 AS OPEKEO ALLEY BY SAID ORDINANCE. ALL INCLUSIVE IN OR. WILLIAM '., PEPPER'S DOUGLAS PARKAODTTION IN THE WEST HALF OF IHE NORTHWEST QUARTER OF SECTION 25. TOWHShlP 30 NORTH. RANGE 13. EAST OF THE THIRD PRINCIPLE MERIDIAN. ' ACCORDING TO THE PLAT RECORDED ON SEPTEMBER 18. 1889 AS DOCUMENT NUMBER 11S8O07. ALL IN COOK COUNTY, ILLINOIS. SAID ABOVE DESCRIBED PARCEL CONTAINING 3610 SQUARE. I     FEEI OR 0J3S1 ACRES MORE OR LESS:

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COM! IERCI IL BU^OINC 4 PAI KING OT

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56

57

58

59

60

53

54

55

LINL'O i;ciFUULIC ALLLYt,-

TOGETHER WITH THAT PART OF(1HE NORTH-SOUTH IB FOOT WIDE PUBLIC ALLEY EAST OF AND ADJOINING THE EAST IINF OF LOTS 42 THROUGH 48 AND THAT PART OF LOT 47: LYNG WEST OF AND ADJOINING THE WEST UNE OF THAT PART Or' LOT 84 AND LOTS 86 THROUGH 69: LYING SOUTH OF AND ADJOINING THE EASTERLY EXTENSION OF THE SOUTH LINE Of THE T.OKIH 1« FEE! OF LOT 47 TO THE INTERSECTION WITH THE WEST LINE OF LOT 84 ANO LYING NORTH OF AND ADJOINING THE NORTHERN TERMINUS OF THAT PART Of SAD NORTH-SOUTH 16 FOOT WBE PUBLIC ALLEY PREVIOUSI Y VACATED BY ORDINANCE PASSED JULY 7 1978 AND RECORDED CECEMBER !3. 1978 AS DOCUMENT NUMBER 24781875: ALONG WITH THE ADJOINING EAST 50 FEFT OF SAID LOTS 47 AND 43 AS OPLN ALLEY 0Y. SAID XDINANCt ALL INCLU5IVL IN r:f< All 11AM PFPPf f S DOUG AS PARK ADDITION IN THF 'A FST HAI ft:- II IF NI iRTI IWFST OIIARTFR ijF SFCTK*. 25 TcWNS IP jSNjUIH  1AN0L li L»SIC4 IML THIRD JRINCIPLt MLKIDIAN ACCORTING "0 THF PI AT RFCCmr-r. ON SFP1T-MBFR ' 9 188 ) AS OCCJ.'L'ENT NLM3ER n5i<)07 A„ IN COO< CONTY ILLINOIS SAB ABGVfc t*=CI<:8fcl> PARCEL COHI»INIIG lii: SOU* <t~ FEE" OR " . "*~ ACRES fc'03E OR LESS ATTH THE TOTAL AREA k'EAi) ABOV. PAIiCLLS CLSCMMU) WJKC tl'-t SOUAHL"! LLI

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STATE OF ILLWOIS) b;k COUKTY OF , COOK)

I MaruH Palma. do rartby c*rtrty:tiiat I hava pitpared :he Plat hereon drawn from p<*vfcius oUi% and 'oayns lor purpotaa til vifcatku] ttw uwiMr'a.i thowit 'r p*W hoc oc 1 drnwn.

Grvttn ufldtr my hand Bt^d s«al   Chicago. Waob

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PROFESSIONAL OEStON =IRM REGISTRATION NO. 184401537 EXPIRATION DATE: 4^304022

HEfAg=j^

^OtlCAGO DEPARTMENT O? TRAMSfORM-

|c:^t;^25-1 2:21-39'

TECMA ASSOCIATES. INC

AVt H. CUM8CRLANO A'/ENUF SUITE 1013 CHtCAOO. ILUNQIS 00458 PHONE" 77VTS3AM6 FAX' r7*ia*l>7t

 

Z.A ProlKIt ISLIWH30W27-02 KANOON 6Sl KANOON PLAT OF VACATION 4 OPENING-082421

 

E.X. Hi BIT C

 

 

%fm Chicago »wmp p<jb!ic" Schools

 

 

 

100P OFFICE

DEPARTMENT OF CAPITAL PLANNING t CONSTRUCTION

42 W Madison SI , i*" Hooi • Chicago. Illinois 0060* leiepnone: //J/5oJ-^tw-l-ax://j/saj-^vsi

 

DUTY TO BUILD AGREEMENT FOR CREATION OF NEW STREET/ALLEY

In support of my current application with the Chicago Department of Transportation's Public Way unit, for a dedication of my private property for new public way, I hereby state that I am the

MAMllAAnt        IK rs                     HrtAnt fAr                     «>rs*sll<«»%«^4 r*r»iv»,r*r»r%w i rs, ,r\lwrsrl irs IKft rsrr\i rsr«f   r»rsrJ *rsr,l I k^uA

Tr'""" " «"   «•» >»«•••• r~"J                     *• W «rr>|iv>l II ws*. . ,r~. tj   ....... S--- ,, , >. .S. (r.wjww., —                     — » .««.«•

the authority to agree to the below terms of the dedication.

PLEASE im'TiAL AGRccmENT. ES

I am aware that I am responsible for the construction of all public and private rights of way (streets, alleys, etc) described on the Plat of Subdivision/Dedication associated with unique

CDOT FILE:        ~\2-~ ^ "                     /kc^x                     S °

ES,

I further understand that all rights of way (both public and private) must be built to City specifications as detailed in the most |urrent version CDOT's Regulation for Openings. Construction and Repair in the Public Way

Lastly, I understand that construction deposits will be required to assure that the work is done correctly. An inspection will be conducted by the City upon wiiipIouOfi ofu'ic work. Tl'io City of Chicago loicives the right to require demolition and reinstallation of any facilities that are judged to be sub par or that do not adhere to the City's standards.

Signature: filW SlnM     I                     Date: 4/30/2021

 

 

Printed name: Eben C. Smith Title: Director of Planning and Design. CPS

Department                      Citv of Chicago, in Trust for the use of Schools

OFFICIAL SEAL! NOTARY PUBUC- STATE OF IJJN0I8

Ml" " " ** ''i!|iM>'iiiliirt,ri,Ti-1)^jWu^

Address: 42 W Madison-St.                     Zip:    60602 H

Phone/Fax: 773-553-1000

 

Email:    esmith 78@cps.edu