SUBSTITUTE 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 Chicago Department of Transportation ("CDOT") has proposed a series of projects for the extension of South Wells Street from its present southerly terminus at Roosevelt Road to connect with the proposed northerly extension of South Wentworth Avenue from its current northerly terminus at 16th Street ("Project"); and
WHEREAS, the Project will include the construction and installation of two rail over highway grade separation structures (collectively, "New Bridges"): a) a Bridge to elevate the track and right of way known as the Saint Charles Airline ("New SCAL Bridge") which right of way is owned jointly by the Illinois Central Railroad Company (ICR"), Union Pacific Railroad Company ("UPR"), and Burlington Northern Santa Fe Railroad ("BNSF") and b) a Bridge to elevate the track and right of way known as the Freeport Subdivision ("New ICR Bridge") which is owned by ICR; and
WHEREAS, the owner of certain property needed for the construction of the Project has agreed to dedicate such property to the City and such property is legally described on Exhibit A which is attached and incorporated ("Wentworth Parcels"); and
WHEREAS, the Wentworth Parcels are to be dedicated or conveyed subject to an existing easement for the Saint Charles Airline ("Existing SCAL Bridge Easement"); and
WHEREAS, in order to construct the New SCAL Bridge, the City requires a) the dedication or conveyance of a parcel of property legally described on Exhibit B which is attached and incorporated ("SCAL Parcel") which is owned jointly by ICR, UPR and BNSF ("SCAL Railroads"), and b) the amendment of the Existing SCAL Bridge Easement; and
WHEREAS, CDOT has agreed with ICR, UPR and BNSF upon the terms and conditions, including purchase price, pursuant to which the SCAL Railroads will cause the described dedication or conveyance and amend the Existing SCAL Bridge Easement to authorize the New SCAL Bridge; and
WHEREAS, the ICR's Freeport Subdivision currently occupies at grade the public ways in Grove Street, 16th Street and Wentworth Avenue pursuant to City ordinance approved by City Council on August 5, 1889 and on May 17, 1897 (together, "ICR Ordinances'); and
WHEREAS, in order to construct the New ICR Bridge the City requires a) the dedication or conveyance of fee interest or an easement in a parcel of property legally described on Exhibit C which is attached and incorporated ("ICR Parcel") which is owned by ICR, and b) the amendment of the ICR Ordinances to authorize the New ICR Bridge; and
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WHEREAS, CDOT has agreed with ICR upon the terms and conditions, including purchase price, pursuant to which the ICR will cause the described dedication or conveyance and ICR will consent to amendment of the ICR Ordinances to authorize the New ICR Bridge; and
WHEREAS, in order to construct the New ICR Bridge the City also requires the dedication or conveyance of a parcel of property legally described on Exhibit D which is attached and incorporated ("Park District Parcel") which is owned by the Chicago Park District; and
WHEREAS, the City Council of the City finds that it is useful, necessary and advantageous for the City to accept dedications or conveyances of the SCAL Parcel, ICR Parcel, and the Park District Parcel, and to amend the Existing SCAL Bridge Easement, and to amend the terms and conditions of the ICR Ordinances to complete the Project; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. It is hereby determined, declared and found that it is useful, desirable and necessary that the City of Chicago acquire fee interests, permanent easements or other property interests in the SCAL Parcel, the ICR Parcel and the Park District Parcel ("Property Interests") for the municipal purpose of providing the construction or reconstruction of the Project, or for any other lawful municipal purpose.
SECTION 2. The Corporation Counsel is hereby authorized to negotiate, on behalf of the City, the acquisition ofthe Property Interests with the respective owner(s) of each ofthe Property Interests ("Owners").
SECTION 3. If the Corporation Counsel is able to agree with any Owner upon the price to be paid for the Owner's Property Interests, or a portion thereof ("Purchase Price"), then the Commissioner of CDOT or a designee ofthe Commissioner of CDOT (together, the "Transportation Commissioner"), is authorized to purchase the respective Property Interests, or a portion thereof, in the name of and on behalf of the City of Chicago for the purchase price with such purchase price to be paid out of any legally available funds ofthe City, including, without limitation, proceeds of any grants or other funds received by the City.
SECTION 4. If the Corporation Counsel is unable to agree with the respective Property Interest Owner as to the Purchase Price, or ifthe respective Property Interest Owner is unable to convey clear title to such Property Interest, or interests therein, or if the respective Property Interest Owner cannot be found, then the Corporation Counsel may institute and prosecute condemnation proceedings in the name of and on behalf of the City for the purpose of acquiring the respective Property Interest, or a portion thereof or interests therein, under the City's power of eminent domain.
SECTION 5. The Transportation Commissioner is hereby authorized to execute an agreement with ICR, UPR and BNSF to amend the Existing SCAL Bridge Easement on terms and conditions that include those set forth in Exhibit E. which is attached to and incorporated in this ordinance, subject to the approval ofthe Corporation Counsel as to form and legality.
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SECTION 6. The Transportation Commissioner is hereby authorized to execute an agreement by and between the City of Chicago and ICR on terms and conditions that include those set forth in Exhibit F, which is attached to and incorporated in this ordinance, subject to the approval ofthe Corporatibn Counsel as to form and legality. To the extent that the ICR Ordinances are inconsistent with such Exhibit F, the ICR Ordinances are hereby amended.
SECTION 7. In addition to the authority set forth in Sec. 2-102-030(w)(2) of the Municipal Code of Chicago, the Transportation Commissioner is also authorized to execute such additional agreements, amendments, and documents as are reasonably necessary or appropriate to implement this ordinance, including the construction and installation of the Project.
SECTION 8. If any provision of this ordinance shall be held invalid or unenforceable for any reason, the validity or enforceability of any of the other provisions of this ordinance shall not be affected by such holding.
SECTION 9. This ordinance shall take effect and be in force from and after its passage and approval. „
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i Exhibit A
Wentworth Parcels
North Dedication
THAT PART OF SUNDRY LOTS, BLOCKS AND VACATED STREETS AND ALLEYS ADJOINING SAID LOTS AND BLOCKS IN CANAL ADDITION TO CHICAGO IN THE WEST FRACTIONAL NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED MARCH 30, 1854, AN ANTE-FIRE DOCUMENT;
TOGETHER WITH THAT PART OF SUNDRY LOTS IN ASSESSOR'S DIVISION OF BLOCK 14 OF CANAL ADDITION TO CHICAGO IN THE WEST FRACTIONAL NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 39 NORTH, RANGE 14 EAST IN ACCORDANCE WITH CIRCUIT COURT PARTITION OF JULY 11, 1862, RECORDED JUNE 8, 1865 AN ANTE-FIRE DOCUMENT;
TOGETHER WITH THAT PART OF THE ORIGINAL SOUTH BRANCH OF THE CHICAGO RIVER (ABANDONED) BY ORDINANCE PASSED JULY 8, 1926, ALL TAKEN AS A TRACT AND DESCRIBED AS FOLLOWS:
COMMENCING ON THE SOUTH LINE OF W. ROOSEVELT ROAD (BEING A LINE 85 FEET SOUTH OF THE NORTH LINE OF THE WEST FRACTIONAL NORTHEAST QUARTER OF SAID SECTION 21) WITH THE EAST LINE OF THE SOUTH BRANCH OF THE CHICAGO RIVER PER ORDINANCE OF THE CITY OF CHICAGO PASSED JULY 8, 1926; THENCE NORTH 89 DEGREES 55 MINUTES 29 SECONDS EAST ALONG THE SOUTH LINE OF W. ROOSEVELT ROAD 211.11 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 55 MINUTES 29 SECONDS EAST ALONG THE SOUTH LINE OF W. ROOSEVELT ROAD 80.02 FEET; THENCE SOUTH 01 DEGREES 18 MINUTES 54 SECONDS WEST 305.76 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 58 SECONDS EAST 1666.93 FEET; THENCE SOUTHERLY 11.14 FEET ALONG THE ARC OF A CIRCLE HAVING A RADIUS OF 260.00 FEET CONCAVE EASTERLY AND WHOSE CHORD BEARS SOUTH 01 DEGREES 24 MINUTES 35 SECONDS EAST A DISTANCE OF 11.13 FEET; THENCE SOUTH 02 DEGREES 38 MINUTES 12 SECONDS EAST 252.18 FEET; THENCE NORTH 79 DEGREES 32 MINUTES 04 SECONDS WEST 82.14 FEET; THENCE NORTH 02 DEGREES 38 MINUTES 12 SECONDS WEST 233.56 FEET; THENCE NORTHERLY 14.56 FEET ALONG THE ARC OF A CIRCLE HAVING A RADIUS OF 340.00 FEET CONCAVE EASTERLY AND WHOSE CHORD BEARS NORTH 01 DEGREES 24 MINUTES 35 SECONDS WEST A DISTANCE OF 14.56 FEET; THENCE NORTH 00 DEGREES 10 MINUTES 58 SECONDS WEST 1667.98 FEET; THENCE NORTH 01 DEGREES 18 MINUTES 54 SECONDS EAST 304.86 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
CONTAINING 178,279 SQUARE FEET OR 4.0927 ACRES, MORE OR LESS.
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South Dedication
THAT PART OF SUNDRY LOTS AND BLOCKS IN ASSESSOR'S 2ND DIVISION OF THE EAST FRACTIONAL NORTHEAST 1/4 OF SECTION 21, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN ', RECORDED OCTOBER 31, 1860 ANTE-FIRE AND RE-RECORDED MAY 7, 1855 ANTE-FIRE;
TOGETHER WITH THAT PART OF SUNDRY LOTS IN ASSESSOR'S DIVISION OF BLOCK 14 OF CANAL ADDITION TO CHICAGO IN THE WEST FRACTIONAL NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 39 NORTH, RANGE 14 EAST IN ACCORDANCE WITH CIRCUIT COURT PARTITION OF JULY 11, 1862, RECORDED JUNE 8, 1865 AN ANTE-FIRE DOCUMENT;
TOGETHER WITH THAT PART OF THE ORIGINAL SOUTH BRANCH OF THE CHICAGO RIVER (ABANDONED) BY ORDINANCE PASSED JULY 8, 1926, ALL TAKEN AS A TRACT AND DESCRIBED AS FOLLOWS:
COMMENCING ON THE SOUTH LINE OF W. ROOSEVELT ROAD (BEING A LINE 85 FEET SOUTH OF THE NORTH LINE OF THE WEST FRACTIONAL NORTHEAST QUARTER OF SAID SECTION 21) WITH THE EAST LINE OF THE SOUTH BRANCH OF THE CHICAGO RIVER PER ORDINANCE OF THE CITY OF CHICAGO PASSED JULY 8, 1926; THENCE NORTH 89 DEGREES 55 MINUTES 29 SECONDS EAST ALONG THE SOUTH LINE OF W. ROOSEVELT ROAD 291.13 FEET; THENCE SOUTH 01 DEGREES 18 MINUTES 54 SECONDS WEST 305.76 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 58 SECONDS EAST 1666.93 FEET; THENCE SOUTHERLY 11.14 FEET ALONG THE ARC OF A CIRCLE HAVING A RADIUS OF 260.00 FEET CONCAVE EASTERLY AND WHOSE CHORD BEARS SOUTH 01 DEGREES 24 MINUTES 35 SECONDS EAST A DISTANCE OF 11.13 FEET; THENCE SOUTH 02 DEGREES 38 MINUTES 12 SECONDS EAST 252.18 FEET TO THE POINT OF BEGINNING; THENCE NORTH 87 DEGREES 21 MINUTES 48 SECONDS EAST 15.00 FEET; THENCE SOUTH 02 DEGREES 38 MINUTES 12 SECONDS EAST 35.74 FEET; THENCE SOUTHEASTERLY 102.70 FEET ALONG THE ARC OF A CIRCLE HAVING A RADIUS OF 145.00 FEET CONCAVE NORTHEASTERLY AND WHOSE CHORD BEARS SOUTH 22 DEGREES 55 MINUTES 40 SECONDS EAST A DISTANCE OF 100.57 FEET; THENCE SOUTH 46 DEGREES 46 MINUTES 51 SECONDS WEST 10.00 FEET; THENCE SOUTH 58 DEGREES 08 MINUTES 19 SECONDS EAST 29.47 FEET TO A POINT ON THE WESTERLY LINE OF BLOCK 35 IN THE ASSESSOR'S 2ND DIVISION OF THE EAST FRACTIONAL NORTHEAST 1/4 OF SECTION 21 AFORESAID; THENCE SOUTH 49 DEGREES 36 MINUTES 35 SECONDS WEST ALONG THE WESTERLY LINE OF BLOCK 35 A DISTANCE OF 22.72 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 30 FEET OF BLOCK 35; THENCE NORTH 89 DEGREES 54 MINUTES 55 SECONDS EAST ALONG THE SOUTH LINE OF THE NORTH 30 FEET OF BLOCK 35 A DISTANCE OF 42.15 FEET; THENCE SOUTH 61 DEGREES 57 MINUTES 10 SECONDS EAST 192.91 FEET; THENCE NORTH 63 DEGREES 19 MINUTES 48 SECONDS EAST 30.63 FEET; THENCE SOUTH 50 DEGREES 02 MINUTES 21 SECONDS EAST 152.39 FEET TO A POINT ON THE NORTH LINE OF W. 16TH STREET; THENCE SOUTH 89 DEGREES 54 MINUTES 55 SECONDS WEST ALONG THE NORTH LINE OF W. 16TH STREET 249.53 FEET; THENCE NORTH 00 DEGREES 13 MINUTES 08 SECONDS WEST 8.73 FEET; THENCE NORTH 61 DEGREES 57 MINUTES 10 SECONDS WEST 129.77
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FEET; THENCE NORTHWESTERLY 157.21 FEET ALONG THE ARC OF A CIRCLE HAVING A RADIUS OF 240.00 FEET CONCAVE NORTHEASTERLY AND WHOSE CHORD BEARS NORTH 43 DEGREES 11 MINUTES 13 SECONDS WEST A DISTANCE OF 154.42 FEET; THENCE SOUTH 65 DEGREES 34 MINUTES 43 SECONDS WEST 15.00 FEET; THENCE NORTHERLY 96.95 FEET ALONG THE ARC OF A CIRCLE HAVING A RADIUS OF 255.00 FEET CONCAVE EASTERLY AND WHOSE CHORD BEARS NORTH 13 DEGREES 31 MINUTES 45 SECONDS WEST A DISTANCE OF 96.37 FEET; THENCE NORTH 02 DEGREES 38 MINUTES 12 SECONDS WEST 54.36 FEET; THENCE NORTH 87 DEGREES 21 MINUTES 48 SECONDS EAST 15.00 FEET; THENCE SOUTH 79 DEGREES 32 MINUTES 04 SECONDS EAST 82.14 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
CONTAINING 54,309 SQUARE FEET OR 1.2468 ACRES, MORE OR LESS.
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Exhibit B
SCAL Parcel
OWNER: Illinois Central Railroad, Burlington Northern Santa Fe Railroad and Union Pacific Railroad Goint) PIN: 17-21-203-005
THAT PART OF SUNDRY LOTS AND BLOCKS IN ASSESSOR'S 2ND DIVISION OF THE EAST FRACTIONAL NORTHEAST 1/4 OF SECTION 21, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED OCTOBER 31, 1860 ANTE-FIRE AND RE-RECORDED MAY 7, 1855 ANTE-FIRE, ALL TAKEN AS A TRACT AND DESCRIBED AS FOLLOWS:
COMMENCING ON THE SOUTH LINE OF W. ROOSEVELT ROAD (BEING A LINE 85 FEET SOUTH OF THE NORTH LINE OF THE WEST FRACTIONAL NORTHEAST QUARTER OF SAID SECTION 21) WITH THE EAST LINE OF THE SOUTH BRANCH OF THE CHICAGO RIVER PER ORDINANCE OF THE CITY OF CHICAGO PASSED JULY 8, 1926; THENCE NORTH 89 DEGREES 55 MINUTES 29 SECONDS EAST ALONG THE SOUTH LINE OF W. ROOSEVELT ROAD 291.13 FEET; THENCE SOUTH 01 DEGREES 18 MINUTES 54 SECONDS WEST 305.76 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 58 SECONDS EAST 1666.93 FEET; THENCE SOUTHERLY 11.14 FEET ALONG THE ARC OF A CIRCLE HAVING A RADIUS OF 260.00 FEET CONCAVE EASTERLY AND WHOSE CHORD BEARS SOUTH 01 DEGREES 24 MINUTES 35 SECONDS EAST A DISTANCE OF 11.13 FEET; THENCE SOUTH 02 DEGREES 38 MINUTES 12 SECONDS EAST 252.18 FEET; THENCE NORTH 79 DEGREES 32 MINUTES 04 SECONDS WEST 82.14 FEET; THENCE SOUTH 87 DEGREES 21 MINUTES 48 SECONDS WEST 15.00 FEET; THENCE SOUTH 02 DEGREES 38 MINUTES 12 SECONDS EAST 54.36 FEET; THENCE SOUTHERLY 96.95 FEET ALONG THE ARC OF A CIRCLE HAVING A RADIUS OF 255.00 FEET CONCAVE EASTERLY AND WHOSE CHORD BEARS SOUTH 13 DEGREES 31 MINUTES 45 SECONDS EAST A DISTANCE OF 96.37 FEET; THENCE NORTH 65 DEGREES 34 MINUTES 43 SECONDS EAST 15.00 FEET; THENCE SOUTHEASTERLY 157.21 FEET ALONG THE ARC OF A CIRCLE HAVING RADIUS OF 240.00 FEET CONCAVE NORTHEASTERLY AND WHOSE CHORD BEARS SOUTH 43 DEGREES 11 MINUTES 13 SECONDS EAST A DISTANCE OF 154.42 FEET; THENCE SOUTH 61 DEGREES 57 MINUTES 10 SECONDS EAST 129.77 FEET; THENCE SOUTH 00 DEGREES 13 MINUTES 08 SECONDS EAST 38.73 FEET TO THE NORTH LINE OF W. 16TH STREET; THENCE NORTH 89 DEGREES 54 MINUTES 55 SECONDS EAST ALONG THE NORTH LINE OF W. 16TH STREET 249.53 FEET; THENCE NORTH 50 DEGREES 02 MINUTES 21 SECONDS WEST 152.39 FEET; THENCE SOUTH 63 DEGREES 19 MINUTES 48 SECONDS WEST 30.63 FEET; THENCE NORTH 61 DEGREES 57 MINUTES 10 SECONDS WEST 192.91 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 30 FEET OF BLOCK 35 IN THE ASSESSOR'S 2ND DIVISION OF THE EAST FRACTIONAL NORTHEAST 1/4 OF SECTION 21 SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 54 MINUTES 55 SECONDS WEST ALONG THE SOUTH LINE OF THE NORTH 30 FEET OF BLOCK 35 A DISTANCE OF 42.15 FEET TO THE WESTERLY LINE THEREOF; THENCE NORTH 49 DEGREES 36 MINUTES 35 SECONDS EAST ALONG THE WESTERLY LINE OF BLOCK 35 A DISTANCE OF
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22.72 FEET; THENCE SOUTH 59 DEGREES 28 MINUTES 00 SECONDS EAST 28.85 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
CONTAINING 310 SQUARE FEET OR 0.0071 ACRES, MORE OR LESS.
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Exhibit C
ICR Parcel
PARCEL: 16
OWNER: Illinois Central
(CANADIAN NATIONAL
RAILWAY)
PIN: 17-21-508-002
THAT PART OF LOT 1 IN BLOCK 6 IN CANAL TRUSTEES NEW SUBDIVISION OF BLOCKS IN THE EAST FRACTION OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 24, 1877, AS DOCUMENT NO. 151614, DESCRIBED AS FOLLOWS USING BEARINGS REFERENCED TO ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD 83 (2011):
BEGINNING AT THE NORTHWEST CORNER OF THE PREMISES CONVEYED TO THE CHICAGO, MADISON AND NORTHERN RAILROAD COMPANY BY DEED RECORDED NOVEMBER 23, 1903, AS DOCUMENT NO. 3471746, BEING DESCRIBED THEREIN AS A POINT ON THE SOUTH LINE OF W. 16™ STREET, 117.13 FEET EAST OF THE EAST LINE OF S. GROVE STREET, AS MEASURED ON SAID SOUTH LINE OF W. 16™ STREET; THENCE NORTH 88 DEGREES 28 MINUTES 30 SECONDS EAST ON THE NORTH LINE OF SAID PREMISES BEING THE SAID SOUTH LINE OF W. 16™ STREET, AND ALSO BEING THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 38.24 TO THE EAST LINE OF SAID PREMISES; THENCE SOUTH 46 DEGREES 25 MINUTES 44 SECONDS WEST ON SAID EASTERLY LINE, 12.36 FEET; THENCE CONTINUING ON SAID EASTERLY LINE, 15.28 FEET, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 438.80 FEET, THE CHORD OF SAID CURVE BEARS SOUTH 64 DEGREES 49 MINUTES 28 SECONDS WEST, A DISTANCE OF 15.27 FEET; THENCE NORTH 47 DEGREES 47 MINUTES 59 SECONDS WEST, 20.85 FEET TO THE POINT OF BEGINNING, SITUATED IN THE COUNTY OF COOK AND THE STATE OF ILLINOIS.
SAID PARCEL CONTAINING 0.007 ACRE OR 305 SQUARE FEET, MORE OR LESS.
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Exhibit D
Park District Parcel
PARCEL: 15
OWNER: CHICAGO PARK DISTRICT
PIN: 17-21-508-002 (PT)
THAT PART OF LOT 1 IN BLOCK 6 IN CANAL TRUSTEES NEW SUBDIVISION OF BLOCKS IN THE EAST FRACTION OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 24, 1877, AS DOCUMENT NO. 151614, DESCRIBED AS FOLLOWS USING BEARINGS REFERENCED TO ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST ZONE, NAD 83 (2011):
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 01 DEGREES 18 MINUTES 54 SECONDS EAST ON THE EAST LINE OF SAID LOT, 39.79 FEET; THENCE NORTH 47 DEGREES 47 MINUTES 59 SECONDS WEST, 36.72 FEET TO THE WESTERLY LINE OF PREMISES DESCRIBED IN DEED BETWEEN THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND THE CHICAGO PARK DISTRICT RECORDED JUNE 7, 2002, AS DOCUMENT NO. 20638479; THENCE NORTHEASTERLY, 15.28 FEET ON SAID WESTERLY LINE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 438.80 FEET, THE CHORD OF SAID CURVE BEARS NORTH 64 DEGREES 49 MINUTES 28 SECONDS EAST, A DISTANCE OF 15.27 FEET; THENCE CONTINUING ON SAID WESTERLY LINE NORTH 46 DEGREES 25 MINUTES 44 SECONDS EAST, 12.36 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE NORTH 88 DEGREES 28 MINUTES 30 SECONDS EAST ON SAID NORTH LINE, 3.51 FEET TO THE POINT OF BEGINNING, SITUATED IN THE COUNTY OF COOK AND THE STATE OF ILLINOIS.
SAID PARCEL CONTAINING 0.012 ACRE OR 526 SQUARE FEET, MORE OR LESS.
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Exhibit E
Agreement for the New SCAL Bridge
Amendment. Effective upon execution of the Agreement, the terms and conditions ofthe Existing Easement are hereby amended as provided herein.
New SCAL Bridge. The City shall construct the New SCAL Bridge and shall turn over the New SCAL Bridge to ICR, UPRR and BNSF ("Railroad Parties") in proportion to their current ownership ofthe St. Charles Airline.
Maintenance of New Bridge. Upon completion ofthe construction ofthe New SCAL Bridge, the City shall, at its sole cost, risk and expense, maintain and, from time to time, repair, rehabilitate, renew and/or replace the New SCAL Bridge, but not the ballast, ties, rail or other track components which shall be maintained by the Railroad Parties at Railroad Parties' sole cost, risk and expense. Alternatively, Transportation Commissioner may agree to have Railroad Parties maintain the New SCAL Bridge upon City payment of a maintenance fee to be paid out of any legally available funds ofthe City, including, without limitation, proceeds of any grants or other funds received by the City.
Ownership and Abandonment. In the event that the Railroad Parties obtains regulatory authority to abandon the trackage over the New SCAL Bridge, the City may be required to remove the New Bridge, at the City's sole cost and expense, without impacting the validity ofthe underlying Easement.
Use of the SCAL Easement Parcel. The Railroad Parties may use the New
Bridge for Railroad purposes, subject to the City's right to regulate the public ways.
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Exhibit F
Agreement for the New ICR Bridge
Amendment. Effective upon execution of the Agreement, the terms and conditions ofthe ICR Ordinances are hereby amended as provided herein.
Use. ICR shall use the New ICR Bridge to carry its railroad line and operations across and over the public way of Wentworth Avenue.
Ownership and Maintenance. The Transportation Commissioner shall enter into an agreement with Railroad to determine ownership and maintenance ofthe New ICR Bridge, including the City's obligation, at its sole cost risk and expense, to maintain and, from time to time, repair, rehabilitate and/or renew some or all of the ICR Wentworth Bridge, and upon agreement, ICR shall, at its sole cost risk and expense, own, maintain and, from time to time, repair, rehabilitate and/or renew the remaining portions ofthe ICR Wentworth Bridge, along with all track and railroad facilities including ballast, ties, rail and other track components. Alternatively, Transportation Commissioner may agree to have ICR maintain portions ofthe New ICR Bridge upon City payment of a maintenance fee to be paid out of any legally available funds of the City, including, without limitation, proceeds of any grants or other funds received by the City.
Failure to Maintain. Should the City fail to perform its maintenance obligations, ICR shall have the right to undertake emergency remedial and the City shall promptly reimburse ICR the costs thereof, subject to reasonable notice and time for cure.
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JOSEPH A. MOORE
Alderman, 49th Ward 7356 North Greenview Avenue Chicago, Illinois 60626 telephone 773-338-5796 ward49@cCITY COUNCIL
CITY OF CHICAGO COUNCIL CHAMBER
City Hall. Room 200 121 North LaSalle Street Chicago, Illinois 60602 Telephone 312-744-3067
COMMITTEE MEMBERSHIPS
HOUSING AND REAL ESTATE
Chairman
Budget and Government Operations
Committees, Rules and Ethics
Education and Child Development
Finance
Health and Environmental Protection
Human Relations
Special Events, Cultural Affairs and Recreation
June 27, 2018
To the President and Members ofthe City Council:
Your Committee on Housing and Real Estate, for which a meeting was held on June 20, 2018, having had under consideration the substitute ordinance introduced by Mayor Rahm Emanuel on June 20, 2018, this being the conveyance and access agreements for the expansion of S. Wells St. from Roosevelt Rd. to W. 16th St, begs leave to recommend that Your Honorable Body Approve said ordinance transmitted herewith.
This recommendation was concurred in by a voice vote of all committee members present with no dissenting votes.
Respectfully submitted,
Approved Approved