COMMERCIAL VACATION ORDINANCE
WHEREAS, the City of Chicago ("City") is a home rule unit of local government pursuant to Article Vll, Section 6 (a) ofthe 1970 Constitution of the State of Illinois and, as such, may exercise any power and perform any function pertaining to its government ahd affairs; and.
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WHEREAS, the properties at 11303-11305 S, Spaulding Avenue are owned by Margaret Mary McDevitt ("Homeowner"); and j
WHEREAS, the Homeowner proposes to use the portion ofthe alley remnant to be vacated herein for construction of a garage on their currently subsized lot; and j
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WHEREAS, the City Council of the City of Chicago, after due investigation and consideration, has determined that the nature and extent ofthe. public use and the public interest to be subserved is-such as to warrant the vacation of that portion of the public alley, described in the following ordinance; now therefore, j
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1.
VACATION OF: THE WEST 8 FEET OF A NORTH-SOUTH 16 FOOT WIDE PUBLIC ALLEY AS
DESCRIBED IN DEED TO THE CITY OF CHICAGO FOR STREET AND ALLEY DOCUMENT,
RECORDED NOVEMBER 13, 1956' AS DOCUMENT NUMBER 16753263, IN BLOCK 1, IN
ROBERTSON AND YOUNG'S ADDITION TO MORGAN PARK, BEING A SUBDIVISION OF THE
NORTH 831 FEET (EXCEPT THE WEST 40 RODS THEREOF) OF THE SOUTH 'lOO ACRES OF
THE NORTHEAST VA OF SECTION 23, TOWNSHIP 37 NORTH, RANGE 13;|EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, ABOVE DESCRIBED PARCEL
CONTAINING 328. SQUARE FEET OR 0.0075 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 trie same is no longer required for public use and the public interest will be
subserved by such vacation. ; _
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"SECTION 2. The Cily of Chicago hereby reserves for the benefit of .'Commonwealth Edison and AT&T/SBC, their successors or assigns, a non-exclusive utility easement to operate, maintain, construct, replace and renew overhead wires, poles,, and assoc.iatedj equipment and underground conduit, cables, and associated equipment for the transmission arid distribution of electrical energy, telephonic and associated services under, over and along ihe alley herein vacated, with the right of ingress arid egress. The grade of the vacated public way shall not be "altered in a manner so as to interfere with the operation and maintenance of Commonwealth Edison and/or AT&T/SBC facilities. No construction, buildings, permanent structures or obstructions shall occur or be placed over the area" herein vacated without express written release of easement by the involved utility(ies). Any future Homeowner-prompted relocation of facilities lying within the area being vacated will be accomplished by the involved utilities, and be.done, at the expense of the Homeowner, her successors or assigns.
paid to the^City of Chicago-as compensation for the benefits which wjll accrue to.jhe
property .-abutting said ps--^ miotic alley hereby vacated
Five Thousand ^nii^e /cc nnn nln I
SECTION 3. The vacation herein provided for is made upon ihe. express condition that within 180 days after the passage of this ordinance, the Developer shall pay or cause to be.
the
Jley hereby Five Thousand dollars ($5,000.00
owner of the sum
).
which sum in the judgment of this body will be equal to such benefits.
SECTION 4. The vacation herein provided for is made under the express condition that the Homeowner as beneficiary of the vacation, her successors and assign's;. shall hold harmless; indemnify and defend ihe City of Chicago from all claims related to said vacation.
SECTION 5 The vacation herein provided for is made upon the express condition that within one hundred eighty (180) days-after the passage of this ordinance, the Hbmeownershall file or cause to be filed for recordation with the Office of the- Recorder of Qjaeds of Cook.County, Illinois a certified copy of this ordinance, together, with the associated full sized plats asapproved by the Superintendent of Maps and Plats.
SECTION 6. This ordinance shall take effect and be in force from and after its passage and publication. The vacation shall take.effect and be in force from and afterrecording of the approved ordinance and plat. ;
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Vacation Approved:
Commissioner of Transportation Approved as to Form arid Legality
Arthur D.olinsky Senior Counsel
Introduced By:
Honorable MatlHfejJf- O'Shea Aldennan, 19th Ward
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EXHIBIT "A"
