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This record contains private information, which has been redacted from public viewing.
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Legislation Details
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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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Release of use restriction covenant regarding vacation of public way(s) in area bounded by W Randolph St, W Washington Blvd, N Aberdeen St and N Carpenter St
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ORDINANCE USE RESTRICTION COVENANT WHEREAS, on February 16, 2000 the City Council of the City of Chicago ("City Council") passed a certain ordinance (C.J. pp. 25954, 25956-25960), (referred to herein as the "Vacation Ordinance"), which ordinance provided for an industrial program ("Industrial Program") alley vacation ("Vacation") of all of the east-west 10 foot wide public alley in the block bounded by W, Randolph Street, W. Washington Boulevard, N. Aberdeen Street and N. Carpenter Street ("Subject Property"); and WHEREAS, the Vacation Ordinance provided 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."; and WHEREAS, the Restrictive Use Covenant was recorded on August 8th, 2000, with the Office ofthe Cook County Recorder of Deeds as Document Number 00604709, and is attached hereto as Exhibit A; and WHEREAS, the Vacation Ordinance was recorded on August 8th, 2000 with the Office of the Cook County Recorder of Deeds as Document Number 00604708, and is attached hereto as Exhibit B: and WHEREAS, Section 4 of the Vacation Ordinance sets forth that the Restrictive Use Covenant "may be released or abandoned 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 release or abandonment"; and WHEREAS, 110 N. Carpenter, LLC, a Delaware Limited Liability Company ("Developer"), is the current titleholder of the vacated Subject Property subject to the Restrictive Use Covenant; and WHEREAS, the Developer intends to use the area adjacent to the Vacation for corporate office space and has requested a release of the Restrictive Use Covenant; 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 4 of the Vacation Ordinance for the payment of such additional compensation which it deems to be equal to the benefits accruing to the Developer because of the release of the Restrictive Use Covenant; 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 tResf||iGtiye Use Covenant, in its entirety; appearing in Section 4 of the Vacation Ordinaniee js»|^iie:^^^.n(ped-iiSpom-'the*express condition that within one hundred eighty (180) days- -a|t^r?.tiii^a'ss.a'^#©f-^isfioiidimanee, the Developer shall pay or cause to be paid to the City of ChicaqoiiaUiCompensatiPn irorlihe benefits which will accrue to the Developer the amount five hundred sixty^:hQusan^$560^bo.OQwhiGh sum in the judgment of this body will be equal to such benefit's. ' SECTION 3. The release of the Restrictive Use Covenant herein provided for is made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, the Developer, 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 4. 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 C, 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 5. 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. J SECTION 6. This ordinance shall take effect upon its passage and approval. Release of Restrictive Use Covenant Approved: Rebekah 8cneinfeld Commissioner Department of Transportation Approved as to Form and Legality Richard Wendy Alderman, 27m Ward Deputy Corporation Counsel RecorH *USust8,2000 00604709 few. County Seorfe, RESTRICTIVE COVENANT WHEREAS, Dora Dastice. Michael N. Dastice. Karpo Studios, Ltd. Partnership and American National Bank and Trust Company, as Trustee, Trust Number 106074-06 ("Owners"), hold legal title to certain parcels of real property ("Abutting Property") which are located at 1033 to 1057 West Randolph Street. 1032 to 1042 and 1048 to 1056 West Washington Boulevard, 101 to 137 North Aberdeen Street and 100 to 136 North Carpenter Street, located 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 iises which are reasonably necessary to permit such manufacturing use including the locatiori^of necessary facilities, storage, employee and customer parking, and oiher similar uses and facilities; and WHEREAS, on February 16, 2000. the City Council ofthe City ofChicago approved an ordinance (CJ. pp. 25954, 25956 - 25960), a copy of which is attached as Exhibit A and which is hereby incorporated ("Ordinance") which Ordinance provided for the vacation ofthe east-west 10 foot public alley in the block bounded by West Randolph Street, as widened. West Washington Boulevard. North Aberdeen Street and North Carpenter Street (hereinafter referred to as "Subject HECGi?. ¦XiG FEE £S 00G04709 demises"), (hi Subject Premises being more particularly described in Exhibit.A which is jttached and incorporated; and WHEREAS, the vacation provided in the Ordinance is conditioned upon the execution and recording by the Owner of a restrictive covenam 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 manufactunng 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 A.ND COVEN ANT TO THE CITY OF CHICAGO \S FOLLOWS: 1. USE. The Owner hereby covenants 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 C, 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 and facilities. The consideration for such covenant, which is deemed and agreed to be valuable and sufficient, is the vacation by the City ofChicago ofthe Subject Premises for the benefit of Owner without the requirement that the Owner pay compensation to the Cicy. 0000-1709 2. COVENANT TO RUN WITH THE LAND AND TERM THEREOF. The burdens of the covenant herein contained shall run wiih the Subject Premises. The benefits of such covenant shall be deemed in gross to ihe 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 ofthe City Council of the City ofChicago which may condition its approval upon the payment of such additional compensation by the Owner oc any persons claiming under the Owner, which said City Council ofthe City ofChicago deems to be equal to the benefits accruing because of the release or abandonment ofthe covenant. J. 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 Owners at the addresses a.tached as Exhibit B. Within thirty (30) days of receipt of said Notice of Violation. 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 wiihin 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 ofthc aforementioned documents by the City of Chicago, the Subject Premises shall be deemed to be conveyed by Owner to the City ofChicago. In the event that the |1010| OOG04703 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, ihen the provisions of this Section 3(a) shall be deemed null and void. (b) Enforcement. In addition to ihe foregoing, [his Covenant shall be enforceable by all remedies available in law or in equity, including injunctive relief. IN WITNESS WHEREOF, the Owners have caused this Covenant to be duly executed and attested lo this day of . 2000. DORA DASTICE MICHAEL N. DASTICE, as Trustee ofthe Michael N. Dastice Declaration of VrustAgreement dated September 17, 1992 yOfxJicui HARPO STUDIO, LTD. PARTNERSHIP By: Its: ATTEST: (ts: AMERICAN NATIONAL BANK AND TRUST COMPANY AS TRUSTEE, TRUST NUMBER IC6074-06 By: : Its: ATTEST: Its: ACCEPTED: APPROVED AS TO FORM AND LEGALITY. Commissioner of Transportation Assistant Corporation Counsel |1010|City does not exercise its right of reversion as staled ;n this Section 3(a) wyrjVo<}70 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 Owners have caused this Covenant to be duly executed and attested to this day of . 2000. DORA DASTICE MICHAEL N. DASTICE, as Trustee ofthe Michael N. Dastice Declaration of Trust Agreement dated September 17, 1992 ftARPO STUDIQ, LTD. PARTNERSHIP By:_ (mm/ ^ ^ Its: tro Irtt^x^fA- ivA.^ fc>* <^^^ p^rnert.
ATTEST:
successor trustee
AMERICAN NATIONAL BANK AND TRUST COMPANY
AS TRL^STEE,TRJtyS^ NUMBER 106074-06 tr- —.^-w;//t!.r- —•.,-fl3t
By
Its: -^lrtrnt '/log Fr^i^nt , . ,-y
y-i-
.APPROVED AS TO FORM AND LEGALITY:
ACCtCTAr,", StJ^tJAlt? " "~ N^iC.-jl Aaioc'jlior: by i3J6='. ^ «:> V. \v»., ^-.sjonj.
Commissioner of Transportation Assistar« Corporation Counsel
|1010|
STATE OF ILLINOIS )
)
COUNTY Of COOK )
I. the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that fipr* Da;^ c* , and (Mckc'-el QiA'-Ql- are personally known to me to be the same persons whose names arc subscribed to the foregoing instrument, appeared
before me this day in person and acknowledged that as such they
signed and delivered the said instrument, as ; as aforesaid, for the
uses and purposes therein set forth.
GIVEN under my hand and notarial seal this 11% day of J , 2000.
Notary Public My commission expires ^—-L-~c)
Prepared by and when recorded, retu n to:
Mary T. Meccia
Assistant Corporation Counsel
30 North LaSalle Street
Room 1610. City Hall
Chicago. Illinois 60602 ^
312/747-3932
STATE OF ILLINOIS COUNTY OF COOK.
) ) )
HEREBY CERTIFY that be the CeO
I, '.he undersigned, a Notary Public in and for the County and Slate aforesaid, DO
TTl£.i>k)
, personally known to me to
of Harpo Studio, Ltd Partnership who is personally
known to mc 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, as
as aforesaid, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal this /^dayof . 2000.
~T (. v Notary Public
My commission expires
Prepareo by and when recorded, return to:
Mary T. Meccia
Assistant Corporation Counsel
JO North LaSalle Street
Room 1610. City Hall "
Chicago. Illinois 60602
3127742-3932
"OFFICIAL SEAL"
SARAH E. HARROD NOTARY PUBLIC STATE OF ILLINOIS
My Commission Expires 09/23/2003
STATE OF fLXINOlS ) )
COL^'TY OF COOK )
I. the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that WCV A. CARUto and ^^fafawf. . are personally known to me to be the same persons whose names arc subscribed to the foregoing instrument, appeared
before me this day in person and acknowledged that as such they
signed and delivered the said inslrumenl. as ; as aforesaid, for the
uses and purposes therein set forth.
GIVEN under my hand and notarial seal this r^T^cfayof Ju 2000.
Notary Public i My Commission Expires 10/29/2003
My commission expires
Prepared by and when recorded, retu n to: Mary T. Meccia Assistant Corporation Counsel 30 North LaSalle Street Room I6I0. City Hall Chicago. Illinois 60602 3I2/742-3932
00C04709
JOURNAL—CITY COVNCM^M^^O 2/16/2(
Treasury of the City of Chicago, a sura sufficient to defray the coster renysj paving and curb returns and constructing sidewalk and curb acudathe entr> to that part of the public alley hereby vacated, similar to thj^idewalk and q along the southerly line of West Columbus Avenue betwe^^he west line of s^, Western Avenue and the northerly right-of-way Line ofdl^hjcago Western (nxt^ Belt Railroad. The precise amount of the sum so (posited shall be ascertained the Commissioner of Transportation after suchJIwestigaaon as is requisite.
SECTION 3. The vacation herein prov^refor is made upon the express condit that within one hundred twenfy'(12Q^IEys after the passage of this ordinance, i Forest Park National Bank, as Truajrf/Trust Number 981100 and Maywood-Pro* State Bank, as Trustee, TrustMdmber 7997 shall file or cause to be riled for rtct in the Office of the Recorde«^)eed3 of Cook County, Illinois a certified copy 0f ^ ordinance, together with^Kh attached drawing approved by the Supenntendtn* Maps.
ordinance shall take effect and be in force from and after j
(Drawing referred to in this; ordinance printed on page 259SS of this Journal.)
AUTHORIZATION OF VACATION OP PUBLIC ALLEY IN BLOCK BOUNDED BY WEST RANDOLPH STREET, WEST WASHINGTON BOULEVARD, NORTH ABERDEEN STREET AND NORTH CARPENTER STREET.
The Committee on-Transportadon and Public Way submitted the following repot
CHICAGO, February 20. 2000.
To the President and Member* of the City Council:
(Continued on page 25956)
00G04703
25956 JOURNAL—CITY COUNCIL—CHICAGO 2/l6/2<
(Continued from page 25954}
Your Committee on Transportation and Public Way begs leave to report recommend that Your Honorable Body Pais an ordinance for the vacation of^ east/west 10 foot public alley in the block bounded by West Randolph Strt^ widened, West Washington Boulevard, North Aberdeen Street and North Carped Street This ordinance was referred to the committee on January 12, 2000.
This recommendation was concurred in unanimously by a viva voce vote of 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 rd foregoing committee report was Passed by yeas and nays as follows: /
Yeas - Aldermen Granat o, Haithcock. Tillman. rYeckwinkle, Hairston. Lyle, Beavers] Dixon, Beale, Pope. Baicer, Frias, Olivo, Burke,Thomas, Coleman, Peterson. Murphy Troutman, DeVLUe, Munoz. Zalewski, Chandler. Solis. Ocasio, Burnett. E. Smi*^ Carothers. Woj'rik, Suarez. Matlak, Mell. Austin, Colom. Banks, Mitts, Allen. Laura O'Connor. Doherty. Natarus. Daley, Hansen. Levar, Shiller. Schulter. M. Smii Moore, Stone — 49.
iVaya — None.
Alderman Natarus moved to reconsider the foregoing vote. The motion was lost j The following is said ordinance as passed: 1
WHEREAS. The City of Chicago ('City*) is a home rule unit of local govemmecM pursuant to Article VTJ. Section 6{a) ofthe 1970 Constitution ofthe State of Olinoisj and. as such, may exercise any power and perform any function pertaining to its* government and affairs; and
6/200O REPORTS OF COMMITTEES 25957
y/tf EREAS, The City has experienced a significant loss of industry and jobs in nt years, accompanied by a corresponding erosion of its tax base, due in part f Lridustrial firms' inability to acquire additional property needed for their ^nCinued viability and growth; and
WHEREAS, Many industrial firms adjoin streets and alleys that are no longer quired for public use and might more productively be used for plant expansion jnd modernization, employee parking, improved security, truck loading areas or ccJier 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 1033 to 1057 West Randolph Street. 1032 to 1042 and 1048 to 1056 West Washington Boulevard. 101 tol37 North Aberdeen Street and 100 to 136 North Carpenter Street ?re owned by Dora Dastice. Micha;l N. Dastice. Harpo Studio, Ltd. Partnership ar d American National Bank & Trust Co., as Trustee, Trust Number 106074-06; and
WHEREAS, Harpo Studio, Ltd. Partnership employs three hundred (300) individuals ir* the production of locally and nationally distributed television programming; and
•n.
WHEREAS, Harpo Studio, Ltd. Partnership proposes to use the portion ofthe alley to be vacated herein jbr the staging of vehicles and the transportation of rolling stock, and other such uses which are reasonably necessary therefore; 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 public alley described in the following ordinance; now, therefore.
°°£0<170S
JOURNAL-CITY COUNCIL—CHICAGO 2/l6/2|
Be !t Ordained by the City Council of the City of Chicago:
SECTION I. All that part of the east/west 10 foot public alley as dedicate^ deed, shown on the official map records of the City of Chicago and used as said alley being described as: That part of the Lot 6 hying north of the north U^' the south 19 feet of Lot 6 and the north 10 feet of Lot 7 in Block 42 in Carp^J Addition to Chicago being a subdivision of the southeast quarter of Section Township 39 North, Range 14, East of the Third Principal Meridian in Cook Cotm-Illinois: said public alley herein vacated being further described as the east,/*^. foot public alley in the block bound by West Randolph Street, as widened, w» Washington Boulevard. North Aberdeen Street and North Carpenter Stre^ shaded and indicated by the words "To Be Vacated* on the drawing hereto attach which drawing for greater certainty, is hereby made a part of this ordinance, bt j the same is hereby vacated and closed, inasmuch as the same is no longer i for public use and the public interest will be subserved by such vacation.
SECTION 2. The City of Chicago hereby reserve* the public alley as I vacated, as a right-of-way for an existing sewer and for the installation of; additional sewers or other municipally-owned service Jacilities now located art in the future may be located in the alley as herein vacated, and for the maintena renewal, and reconstruction of such facilities. It is further provided that buildings or other structures shall be erected on said right-of-way herein rese or other use made of said area, which in the judgment of the respective mu officials having control of the aforesaid service £a< tiities would interfere with the i maintenance, renewal, or reconstruction of said facilities, or the construction c additional municipally-owned service facilities.
SECTION 3. The City of Chicago hereby reserves for the benefit of Amenta Illinois, their successors or assigns, an easement to operate, maintain, consc replace, and renew overhead poles, wires, and associated equipment underground conduit, cables, and associated equipment for the transmission; distribution of telephonic and associated services under, over and along the pubis alley as herein Vacated, with the right of ingress and egress.
SECTION 4. The Commissioner of Transportation is hereby authorized to acce 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 ins mime restricting the use ofthe public way vacated by this ordinance to the manufact (including production, processing, cleaning, servicing, testing and repair) materials, goods or products only and for those structures and additional ui which are reasonably necessary to permit such manufacturing use including tha
REPORTS OF COMMITTEES
Of
-ter, -on a 'unty
'-St IQ
• ^est =tt a,
lchen. :«
herein }f any *hich lance, at no ;erved licipsu c use. -on of
ntcch cruet.
t and ¦ ublic
cauonof necessary facilities, storage, employee and customer parking, and similar uses and facilities. Such covenant shall be enforceable in law or in equity and °ti3]l be deemed to provide for reconveyance of the property to the city upon 5 bstan&al breach of the terms and conditions thereof. The benefits of such ^veflant shall be deemed in gross to the City of Chicago, its successors and ^igns, and the burdens of such covenant shall run with and burden the public „ay vacated by this ordinance. The covenant may be released or abandoned 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 bene£t3 accruing because of the release or abandonment.
SECTION 5. The vacation herein provided for is made upon the express condition that within one hundred eighty (180) days after the passage of thi3 ordinance. Dora Dastice. Michael N. Dastice, Harpo Studio, Ltd. Partnership and American National Bank and Trust Company, as Trustee, Trust Number 106074-0* 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 entrances to the public alley hereby vacated similar to the sidewalk and curb along the east side of North Aberdeen Street and the west side of North Carpenter Street between West Randolph Street, as widened and West Washington Boulevard. The precise amount of the sum so deposited shall be ascertained by the Cornmissioncr of Transportation after such investigation as is requisite.
SECTION 6. The vacation herein provided for is iLade upon the express condition that within one hundred eighty (180) days after the t assage of this ordinance, Dora Dastice, Michael N. Dastice, Harpo Studio. Ltd. Partnership and American National Bank and Trust Company, as Trustee, Trait Number 106074-04 shall file or cause to be filed for record in the Office of the Recorder of Deeds of Cook County, lllinois^a certified copy of this ordinance, together with a restrictive covenant complying with Section 4 of this ordinance, approved by the Corporation Counsel, and an attached drawing approved by the Superintendent of Maps.
This ordinance shall take effect and be in force from and after its
:cepf. nd on .ment ur.ng ir) of uses
¦¦g the
(Drawing referred to in this ordinance printed on page 25960 of this Joumal-j
00604703
Agreement in Lieu of Escrow Industrial Street Vacation Program
Re: Vacation of the east-west 10 foot public alley in the block bounded by West
Randolph Street as widened. West Washington Boulevard, North Aberdeen Street and North Carpenter Street
Wiih respect to the above referenced vacation. Dora Dastice, Michael N. Dastice, Harpo Studio, Ltd. Partnership and American National Bank and Trust Company Trust Number 106074-06 ("Applicant"), through its duly authorized agent who has executed this Agreement below, hereby acknowledges receipt of the fully executed and accepted original of the Restrictive Covenant document, a copy of which is attached. In lfeu ofthe requirement of entering into and paying the cost of an escrow agreement, the Applicant agrees as follows:
!. To record such original document with the Coolc County Recorder of Deeds; and
To provide and pay for an endorsement to a policy of title insurance issued by a title insurance company acceptable to the City which policy shall name the City as an additional insured in an amount not less than TEN THOUSAND DOLLARS (S 10,000.00) and shall insure that the Restrictive Covenant is a valid obligation running with the land subjeel only to encumbrances acceptable to the City; and
To deliver to the City evidence of compliance with this Agreement within thirty (30) days of date executed below.
In the event the Applicant fails or refuses to comply with this Agreement, the Applicant hereby agrees to cause the Subject Premises (as defined in the Restrictive Covenant) to be rededicated to the City ofChicago for public use.
AGR£ED: DORA DASTICE
By: fo/jCblthte/ Cft> iT&tan'tL /r*h*o
Harpo Studio. Ltd. Partnership
.American National Bank and Trust Company
as Trustee, Trust Number 106074-06
By:
EXHIBIT B
August 8, 2000 Recorded 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) ofthe 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
REPORTS OF COMMITTEES
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
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 crimina] 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 1033 to 1057 West Randolph Street, 1032 to 1042 and 1048 to 1056 West Washington Boulevard, 101 to 137 North Aberdeen Street and 100 to 136 North Carpenter Street are owned by Dora Dastice, Michael N. Dastice, Harpo Studio, Ltd. Partnership and American National Bank & Trust Co., as Trustee, Trust Number 106074-06; and
WHEREAS, Harpo Studio, Ltd. Partnership employs three ^hundred (300) -individuals in the production of locally and nationally distributed television programroing; and
WHEREAS, Harpo Studio, Ltd. Partnership proposes to use the portion of the alley to be vacated herein for the staging of vehicles and the transportation of rolling stock, and other such uses which are reasonably necessary therefore; 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 public alley described in the following ordinance; now, therefore,
JOURNAL—CITY COUNCIL-CHICAGO
Be It Ordained by the City Council of the City of Chicago:
SECTION 1. All that part of the east/west 10 foot public alley as dedicated by deed, shown on the official map records ofthe City of Chicago and used as alley, said alley being described as: That part of the Lot 6 lying north of the north line of the south 19 feet of Lot 6 and the north 10 feet of Lot 7 in Block 42 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, niinois; said public alley herein vacated being further described as the east/west 10 foot public alley in the block bound by West Randolph Street, as widened, West Washington Boulevard, North Aberdeen Street and North Carpenter Street as shaded and indicated by the words To Be Vacated" on the drawing hereto attached, which drawing for greater certainty, 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.
vacated, as a right-of-way for \ui existing sewer and for theTngJallation of any
SECTION 2. The City of Chjr^gfHTexrisy-r-e^eptes-Jj^^ alley as herein
additional sewers or other municipally^wned s>ei vice fucIUtlelfnow located or which in the future may be located in the alley 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.
SECTION 3. The City of Chicago hereby reserves for the beftent of Ameritech Illinois, their successors or assigns* an easement to operate, maintain, conatrtrCtT replace, and renew overhead poles, wires, and associated equipment and underground conduit, cables, and associated'equipment for the transmission and distribution of telephonic and associated services under, over and along the public alley as herein vacated, with the right of ingress and egress.
SECTION 4. 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
REPORTS OF COMMITTEES
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 or abandoned by the City only upon npprovalofthfi Cirv Council Which may condition its approval upon the payment oTsucft additional compensation which it deems to be equal to the benefits accruing because of the release or abandonment.
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, Dora Dastice, Michael N. Dastice, Harpo Studio, Ltd. Partnership and American National Bank and Trust Company, as Trustee, Trust Number 106074-04 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 entrances to the public alley hereby vacated similar to the sidewalk and curb along the east side of North Aberdeen Street and the west side of North Carpenter Street between West Randolph Street, as widened and West Washington Boulevard. The precise amount of the sum so deposited shall be ascertained by the Commissioner of Transportation after such investigation as is requisite.
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, Dora Dastice, Michael N. Dastice, Harpo Studio, Ltd. Partnership and American National Bank and Trust Company, as Trustee, Trust Number 106074-04 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 4 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 referred to in this ordinance printed on page 25960 of this Journal.]
UIJ6047U8
JOURNAL—CITY COUNCIL—CHICAGO
Ordinance associated with this drawing printed on pages 25958 through 25959 of this Journal.
Carpenter's Addition to Chicago being a Subdivision of the S.E 1/4 of Sec. 8-39-14.
Deed for Public Alley (no date available).
This Alley Vacation is being made under the Street and Alley Vacation Program-Industrial
Dr. No. 8-27-98-2286
S - W. RANDOLPH s - ST.
50
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NORTH
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00604706 ,,,v
S'UTF Or ILUNOtS.
County of OwV <»
I. JAMES J. LASKI .City Clerk of the Cily of Ciiicagu in the Cni;niy o( fi«ik .mil Slate of
Illinois. tX) IM'REUY CER'HTY ilrat Ihe annexed ai>d foregoing is a Iryc nisil cm reef copy of ilt.il ccilam mdinancc
no>v oit fire in my office for the authorization of vacation of public alley in block.
_ bpyn.de d bv WegC_Randolprt Strpr>ct West Washington Boulevard, North Aberdeen Street
and North Carpenter Street. _
I 00 FURTHER CERTIFY (hat llic said ordinance was passed by (he Cily Council ol iJic said Oi) :»f Clncnuo
°»lhc .pxropnrh. ( l&tb ) day of .^EeJjruary . ¦ A-IJ- *a OO
arid deposited in my office on'tlie sixteenth f 16t.h ) day of February _ _
I IK) FURIHF.R CURTIFY lh.it the vote on the question of (he passage of the said citlPinnir h\ the .wid ("H\ Council was laken by yeas and nays find recorded in ihe Jour rial of die Proceedings of fltc «nid City (mined, and ilia* tl* icsull or said vote so taken was »s follows, io wit;
i
Yeas 49 Nays None -
" t DO rURIHKR CERTIFY that the said ordinance was delivered to the Mayoi of the said C:"y of Oneaiy* after the passage tlicicof by (lie said City Council, whhout delay, b> the City Clerk of llic said City of Oiiraj;««. and that the said Mayor failed to return the said ordinance lo tfic said Cily Council wilh his written objections thcicio at 'he next regular meeting of Ihe sakl City Council occurring not less than five (5) days nflcr ihe passaec nf ihe said endurance.
I IX) rUR HICR CERTIFY lhat the ongiu-.il, of which the foregoing is a line copy, is cntniMed to my caic ft>r
IN WITNI^SS WiniKP.Ot*. I Ii.tvc licirtnilti ciuporatc seal nf |1>C Cily Kl '.hicnyo al'mcwiil. nl llic viiil (. My. i.i llic
(-Oinity mid Sl.itc ."irnic>n!tl. Ihi* . tventX'. H rs r . < 21st)
J«iy. ... - •*i'-2<,<10
EXHIBIT C
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 February 16, 2000 ordinance ("Vacation Ordinance") which Ordinance was recorded on August 8, 2000 with the Office of the Cook County Recorder of Deeds as Document Number 00604708, and is attached hereto as Exhibit A, and provided for an industrial program ("Industrial Program") alley vacation ("Vacation") of all of the east-west 10 foot public alley in the block bounded by W, Randolph Street, W. Washington Boulevard, N. Aberdeen Street and N. Carpenter Street ("Subject Property"), as legally described on Exhibit B attached hereto.
The Vacation Ordinance provided 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 August 8, 2000 with the Office of the Cook County Recorder of Deeds as Document Number 00604709 and is attached hereto as Exhibit C.
Section 4 of the Vacation Ordinance sets forth that the Restrictive Use Covenant "may be released or abandoned 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 ofthe release or abandonment".
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 4 of the Vacation Ordinance for the payment of such additional compensation which it deems to be equal to the benefits accruing to the Developer because of such release of the Restrictive Use Covenant.
The City hereby releases the Restrictive Use Covenant from the Subject Property, as legally described on Exhibit B, attached.
THIS TRANSFER IS EXEMPT PURSUANT TO THE PROVISIONS OF THE REAL ESTATE TRANSFER TAX ACT, 35 ILCS 200/31-45; AND SECTION 3-33-060.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 , 2016.
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.
STATE OF ILLINOIS COUNTY OF COOK
)
) SS )
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 , 2016.
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
August 8, 2000 Recorded 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] ofthe 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
f/KJ: 1*7-08-f3>-0/3-
00604708 ^ r
2/16/2000 REPORTS OF COMMITTEES 25957
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
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 1033 to 1057 West Randolph Street, 1032 to 1042 and 1048 to 1056 West Washington Boulevard, 101 tol37 North Aberdeen Street and 100 to 136 North Carpenter Street are owned by Dora Dastice, Michael N. Dastice, Harpo Studio, Ltd. Partnership and American National Bank & Trust Co., as Trustee, Trust Number 106074-06; and
WHEREAS, Harpo Studio, Ltd. Partnership employs three ^hundred (300) -individuals in the production of locally and nationally distributed television programming; and
WHEREAS, Harpo Studio, Ltd. Partnership proposes to use the portion of the alley to be vacated herein for the staging of vehicles and the transportation of rolling stock, and other such uses which are reasonably necessary therefore; 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 public alley described in the following ordinance; now, therefore,
JOURNAL—CITY COUNCIL-CHICAGO
Be It Ordained by the City Council of the City of Chicago:
SECTION 1. All that part of the east/west 10 foot public alley as dedicated by deed, shown on the official map records of the City of Chicago and used as alley, said alley being described as: That part of the Lot 6 lying north of the north line of the south 19 feet of Lot 6 and the north 10 feet of Lot 7 in Block 42 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; said public alley herein vacated being further described as the east/west 10 foot public alley in the block bound by West Randolph Street, as widened, West Washington Boulevard, North Aberdeen Street and North Carpenter Street as shaded and indicated by the words To Be Vacated" on the drawing hereto attached, which drawing for greater certainty, 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 Chjcag«4rcxeby-*e^ejz£&JLhej^ alley as herein vacated, as a right-of-way for VQexisting sewer and for theTHSjallation of any additional sewers or other munidpally^owiied i>ei vice facIUu'eiTnow located or which in the future may be located in the alley 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 effected 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.
SECTION 3. The City of Chicago hereby reserves for the berfefit of Ameritech Illinois, their successors or assigns, an easement to operate, maintain, conatmCfT replace, and renew overhead poles, wires, and associated equipment and underground conduit, cables, and associated*equipment for the transmission and distribution of telephonic and associated services under, over and along the public alley as herein vacated, with the right of ingress and egress.
SECTION 4. 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
00604708
2/16/2000 REPORTS OF COMMITTEES 25959
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 or abandoned by the City only upon approval of the Citv Council which may condition its approval upon the payment "Ci such additional compensation which it deems to be equal to the benefits accruing because of the release or abandonment.
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, Dora Dastice, Michael N. Dastice, Harpo Studio, Ltd. Partnership and American National Bank and Trust Company, as Trustee, Trust Number 106074-04 shall deposit in the City Treasury of the City of Chicago a surri sufficient to defray the costs of removing paving and curb returns and constructing sidewalk and curb across the entrances to the public alley hereby vacated similar to the sidewalk and curb along the east side of North Aberdeen Street and the west side of North Carpenter Street between West Randolph Street, as widened and West Washington Boulevard. The precise amount ofthe sum so deposited shall be ascertained by the Commissioner of Transportation after such investigation as is requisite.
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, Dora Dastice, Michael N. Dastice, Harpo Studio, Ltd. Partnership and American National Bank and Trust Company, as Trustee, Trust Number 1O6074-04 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 4 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 referred to in this ordinance printed on page 25960 of this Journal.]
)06U47Uy
JOURNAL-CITY COUNCIL—CHICAGO
Ordinance associated with this drawing printed on pages 25958 through 25959 of this Journal.
"A"
Carpenter's Addition to Chicago being a Subdivision of the S.E 1/4 of Sec. 8-39-14.
Deed for Public Alley (no date available).
This Alley Vacation is being made under the Street and Alley Vacation Program-Industrial
Dr. No. 8-27-98-2286
S - W. RANDOLPH s - ST.
NORTH
<• v ftvi.
Of * ^
Juti27,2060 — 66 —
W. WASHINGTON
¦r
U0604708r
statf or Illinois.
County of Cook. «
I- JAMES J. LASKI ,Oty Cfcrk oTllic Cily oT Cliicago m llic Cni.my of'C'onk and Stale ul
Illinois, IX) IIERLUY CERTIFY Ural Ihe annexed and foregoing is a irtic nnd cmrccl copy of ihal ccifain ordinance
now oi> fife in my office for the authorization of vacation of public alley in block.
bo-ynded_bv _VQpt Randolph Strpet. West Vashinftton Boulevard, North Aberdeen^Street
and North__Carpenter Street.
I 00 FURTHER CERTM"Y lhat Ihe said ordinance was passed by the City Councilof the *«iid City *.if Chicago
th* giYt'Pnth ( ifii-h ) day of _Eebxiiary . ¦ A- 0 2.1} 00 .
and deposited in my office on'tlie sixteenth ( 16th ) day of February _. _ .
I 1)0 FUR! I ICR CI-RI'IFY thai the vote on die question of the passage of ihe said cuhnaiiic In ll»c said Oil Council was taken by yeas and nays nnd recorded in Ihe Journal of die Proceedings oTlhe otnn.il . and iha* (he icsull of said vote so taken was rs follows, to wit:
i
Vets A9 . Nays None .
" 11>0 FURTHER CERTIFY that Ihe said ordinance was delivered »o the Mayoi ofthc snid City or Chicago nnct lite passage thereof by flic said City Council, without delay, by (he City Clerk of the said City nf OncajMi. and thai the said Mayor failed to return the said ordinance to Hie said Cily Council with his wriilcn objcclimis (hereto •*«( '.he hex* regular meeting of Ihe sa'td City Council occurring not less than five (5) days after the passage of the said ordinance.
I IK) FL'RtllER CERTIFY llia( ihe original, of which the foregoing is a (rue copy, is cntmslcd lo my caic foi safe keeping, and (hat 1 am (lie (awful keeper ofthe same.
IN WITNESS WlfEKF.Or, I have hereunto set my hand nod .-"Mixed ihe ctuporale seal -if the Cily ol Chic-nun nfmcsaid. al the «M C-.iy. in the
t( jjj County and Slate aforesaid lids even fx-, first . { 21st)
dry or_ __Jul>: _ _ . A i). 2l> 00
AMI S 1 l.ASKJ. Cily CK-il
EXHIBIT B TO RELEASE
Legal Description Of
Subject Property
ALL OF THAT PART OF THE EAST/WEST 10 FOOT PUBLIC ALLEY AS DEDICATED BY DEED, SHOWN ON THE OFFICIAL MAP RECORDS OF THE CITY OF CHICAGO AND USED AS ALLEY, SAID ALLEY BEING DESCRIBED AS:
THAT PART OF THE LOT 6 LYING NORTH OF THE NORTH LINE OF THE SOUTH 19 FEET OF LOT 6 AND THE NORTH 10 FEET OF LOT 7 IN BLOCK 42 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; SAID PUBLIC ALLEY HEREIN VACATED BEING FURTHER DESCRIBED AS THE EAST/WEST 10 FOOT PUBLIC ALLEY IN THE BLOCK BOUNDED BY WEST RANDOLPH STREET, AS WIDENED, WEST WASHINGTON BOULEVARD, NORTH ABERDEEN STREET AND NORTH CARPENTER STREET AS SHADED AND INDICATED BY THE WORDS 'TO BE VACATED' ON THE DRAWING HERETO ATTACHED, WHICH DRAWING FOR GREATER CERTAINTY, IS 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.
EXHIBIT C TO RELEASE
August 8, 2000 Recorded Restrictive Use Covenant (Attached)
UU6U4T09
R£S TRICTIVE COVENANT
WHEREAS, Dora Dastice. Michael N. Dastice. Harpo Studios, Ltd. Partnership and American National Bank and Trust Company, as Trustee, Trust Number 106074-06 ("Owners"), hold legal title to certain parcels of real property ("Abutting Property") which are located at 1033 to 1057 West Randolph Street, 1032 to 1042 and 1048 to 1056 West Washington Boulevard, 101 to 137 North Aberdeen Street and 100 to 136 North Carpenter Street, located 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 iises which are reasonably necessary to permit such manufacturing use including the locatiori^of necessary facilities, storage, employee and customer parking, and other similar uses and facilities; and
WHEREAS, on February 16, 2000. the City Council of the City ofChicago approved an ordinance (C.J. pp. 25954, 25956 - 25960). a copy of which is attached as Exhibit A and which is hereby incorporated ("Ordinance") which Ordinance provided for the vacation of the east-west 10 fool public alley in the block bounded by West Randolph Streei. as widened. West Washington Boulevard, North Aberdeen Street and North Carpenter Street (hereinafter referred to as "Subject
'1
00604709
^remises"), the Subject Premises being more particularly described in ExhibitA which is -•itached 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 OFCHICAGO FOLLOWS:
I. USE. TheOwncr hereby covenants 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 C, 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 and facilities. The consideration for such covenant, which is deemed and agreed to be valuable and sufficient, is the vacation by the City ofChicago of the Subject Premises for the benefit of Owner without the requirement that the Owner pay compensation to the City,
0060-1709
2. COVENANT TO RUN WITH THE LAND .AND TERM THEREOF. The bmdens of (he covenant herein contained shall run v,uh the Subject Premises. The benefits of such covenant shall be deemed in gross io the City of Chicago, its successors and assigns. The covenant shall be binding on the Owner, us successors and assigns, and shall be enforceable by the City, its successors and assigns. The covectint may be released or abandoned only upon approval ofthe City Council of the City ofChicago which may condition its approval upon the payment of such additional compensation by the Owner oc any persons claiming under the Owner, which said City Council ofthe City ofChicago deems to be equal to the benefits accruing because of the release or abandonment of the covenant. 3. 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 serv e the Owner with a written notice entitled NOTICE OF VIOLATION setting forth the violations. Such notice shall be sent to Owners at the addresses a.tached as Exhibit B. Within thirty (30) days of receipt of said Notice of Violation. Owner shall cause the correction of or cure the violations set forth therein. !n the 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 ofthc Notice of Violation, proof of service of the Notice of Violation and a Notice of Reversion. Upon the recording ofthc aforemencioned documents by the City of Chicago, the Subject Premises shall be deemed to be conveyed by Owner to the City ofChicago. (n the event that the
0OC04703
City does not exercise its right of reversion as stated in this Section 3(a) wubjn 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, ln 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 Owners have caused this Covenant to be duly executed
and attested to this day of , 2000.
DORA DASTICE
MICHAEL N, DASTICE, as Trustee ofthe
Michael N. Dastice Declaration of
Trust Agreement dated September 17. 1992
HARPO STUDIO, LTD. PARTNERSHIP
3y:
Its:
ATTEST:
Its:
AMERICAN NATIONAL BANK AND TRUST COMPANY
AS TRUSTEE, TRUST NUMBER 106074-OtS
By: ;
Its:
ATTEST:
Its:
ACCEPTED: APPROVED AS TO FORM AND LEGALITY;
Commissioner of Transportation Assistant Corporation Counsel
|1010|City does not exercise its right of reversion as stated m 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.
(h) 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 Owners have caused this-Covenant to be duly executed
and attested to this day of , 2000.
DORA DASTICE
MICHAEL N. DASTICE, as Trustee ofthe
Michael N. Dastice Declaration of
Trust Agreement dated September i 7, 1992
ffARPO STUDIO,, LTD. PARTNERSHIP
Br-__ (i
ATTEST:
.Its; ., .
successor trustee
AMERICAN NATIONAL BANK AND TRUST COMPANY
By: n^.^Its: ffif Intent yioo :-t-_- nr'unt
,c Tn,,CTrc rmicTvCMocn , „,,,,. i1S TRUSTEE Mm TKft mr^'Jr,» >>V
AS TRLSTEE, TRUST NUMBER 106074-06 r- ^.....-i-^c:r -.—--s-at
ATTEST. r v ^
' * jty^uij>£ curved? (8>*o> tffvacvv rtticrjo r\ (hi «ri*(ir7)g«
Commissioner of Transportation Assistant Corporation Counsel
.APPROVED AS TO FORM AND LEGALITY:
¦ Ac
|1010|
STATE OF ILLINOIS )
)
COUNTY OF COOK. )
!. the undersigned, a Notary Public in and for ihe County and State aforesaid, DO HEREBY CERTIFY that Par, \l«>Vu~ and (W? Ck<*-&1 ^A-'cc^ are personally known to me to be the same persons whose names arc subscribed to the foregoing instrument, appeared
before me this day in person and acknowledged that as such they
signed and delivered the said instrument, as ; as aforesaid, for the
uses and purposes therein set forth.
GIVEN under my^d and notarial seal this 11% day of J Notary Public My commission expires ^>~l~^o |
Prepared by and when recorded, retu ti to:
Mary T. Mcccia
Assistant Corporation Counsel
30 North LaSalle Street
Room (610. City Hall
Chicago. Illinois 60602 ^
312/742-3932
00C04703
STATE OF ILLINOIS )
COUNTY OFCOOK )
t lhe unders,gned. a Notary PubUc m and for the County and State aforesaid, DO
a
.,r i^/jrrtioO .personally known tome to
rcr, 0f Harpo Scud.o. Ltd Partnership who is personally
be the IfcU _
,„(, name ;s subscribed to the foregoing instrument, known to me to be the same person whose name is suoscno
appeared before me this day in petson and acknowledged that as such
as i
he/she signed and delivered the said instrument, as : aforesaid, for the uses and purposes thercw set forth.
GIVEN under my hand and notanai
,1 sea! this Mday of • ™-
My commission expires £f,
Prepareo by and when recorded, return to:
Mary T. Meccia
Assistant Corporation Counsel
30 North LaSalle Street ^
Room 1610. City Hall „
Chicago, Illinois 60602
312/742-3932
"OFFICIAL SEAL"
SARAH E. HARROD
NOTARY PUBUC STATE OF ILLINOIS 2
Mv Commission Expires
STATE OF ILLINOIS ) J
COUNTY OF COOK )
!. the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that w*'cv a. carljn and f^-'-.v^acr. , are personally known
to me to be the same persons whose names are subscribed to the foregoing instrument., appeared
before me this day in person and acknowledged that as such ¦- "nt- they
Las'1"' ^tr-V NW'on^I .XaccfeSen
signed and delivered the said instrument, as ; as aforesaid, for the
uses and purposes therein set forth.
GIVEN under my hand and notarial seal this f^5%YQf ^fuilif 2000.
Notary Public My commission expires
v "Gl-HCIAtSSAL" :
HARP;,';:' CstMISEIVICZ NOTAfiV ,'-U5UC STTATE OF ILLINOIS
Mv Commission Expires i0/29/2003
Prepared by and when recorded, retu rt to:
Mary T. Meccia
Assistant Corporation Counsel
30 North LaSalle Street
Room 1610, City Hall
Chicago. Illinois 60602 -
312/742-3932
25954 JOURNAL-CITY COUNdj#£(fr$£fi§0 2/l6/2<
Treasury of the City of Chicago, a sum sufficient to defray the cos_^^etno4 paving and curb returns and constructing sidewalk and curb acMWthe entra, to that part of the public alley hereby vacated, similar to thjdRdewaik and q along the southerly line of West Columbus Avenue betwM^he west line of Soj Western Avenue and the northerly right-of-way line of&cChicago Western (ndi Belt Railroad. The precise amount of the sum so <^o5ited shall be ascertain^ the Commissioner of Transportation after suchWOTestiganon as is requisite.
SECTION 3. The vacation herein proyj^lnforia made upon the express condit-that within one hundred twenty (12Q^rays after the passage of this ordinance, i Forest Park National Bank, as Truaft. Trust Number981100 and Maywood-Pro* State Bank, as Trustee, TrustMfcber 7997 shall file or cause to be filed for r«x in the Office of the Recordeyiroeeds of Cook County, Illinois a certified copy of rj$ ordinance, together with/Kn attached drawing approved by the Superintended Maps. j
SECTION 4Jto ordinance shall take effect and be in force from and after] passage,
(Drawing referred to in this ordinance printed on page 25955 of this Journal.)
AUTHORIZATION OF VACATION OF PUBLIC ALLEY IN BLOCK BOUNDED BY WEST RANDOLPH STREET. WEST WASHINGTON BOULEVARD, NORTH ABERDEEN STREET AND NORTH CARPENTER STREET.
The Committee orrTransportation and Public Way submitted the following repot
CHICAGO, February 10. 2000. 7b the President and Members of the City Council:
(Continued on page 25956)
JOURNAL-CITY COUNCIL—CHICAGO 2/lg/a<
(Continued from page 25954)
Your Committee on Transportation and Public Way begs leave to report recommend that Your Honorable Body Pass an ordinance for the vacation of^ east/west 10 foot public alley in the block bounded by West Randolph Street widened, West Washington Boulevard, North Aberdeen Street and North Carper* Street This ordinance was referred to the committee on January 12, 2000.
This recommendation was concurred in unanimously by a viva voce vote of t 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 tij foregoing committee report was Passed by yeas and nays as follows:
Yeas-Aldermen Granata, Haithcock, Tillman. Preckwinkle, Hairston, lyle, Bea-Dixon, Beale, Pope, Balcer. Frias. Olivo, Burke,Thomas, Coleman, Peterson. Murp Troutman. DeVille, Munoz, Zalewski. Chandler, Solis. Ocasio, Burnett. E. Smii Carothers, Wojrik. Suarez. Matlak, Mell. Austin, Colom, Banks, Mitts, Allen. UuriEoi O'Connor, Doherty. Natarus. Daley, Hansen, Levar, Shiller, Schulter. M. Smith! Moore, Stone — 49.
iVat/3 — None.
i
Alderman Natarus moved to reconsider the foregoing vote. The motion was lost ^ The following is said ordinance as passed: •
i
WHEREAS, The City of Chicago {"City") is a home rule unit of local government pursuant to Article VTI. Section 6{a| ofthe 1970 Constitution ofthe State of Dlinoisj and. as such, may exercise any power and perform any function pertaining to its* government and affairs; and
REPORTS OF COMMITTEES
3eavers, lurphy.
Smith, aurino.
Smith.
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mment Illinois, .g to it*
The City has experienced a significant [033 of industry and jobs in e^ent years, accompanied by a corresponding erosion of its tax base, due in part r uidustrial firms' inability to acquire additional property needed for their £oritinued viability and growth; and
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 (acuities through the vacation of public streets and alleys for reduced compensation; and
WHEREAS, The properties at 1033 to 1057 West Randolph Street. 1032 to 1042 and 1048 to 1056 West Washington Boulevard. 101 to 137 North Aberdeen Street and 100 to 136 North Carpenter Street ?re owned by Dora Dastice. Micha:l N. Dastice, Harpo Studio, Ltd. Partnership ar d American National Bank & Trust Co., is Trustee, Trust Number 106074-06; and
WHEREAS, Harpo Studio, Ltd. Partnership employs three hundred (300) individuals uv the production of locally and nationally distributed television programming; and
WHEREAS, Hirpo Studio, Ltd. Partnership proposes to use the portion of the alley to be vacated herein for the staging of vehicles and the transportation of rolling stock, and other such uses which are reasonably necessary therefore; 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 public alley described in the following ordinance; now, therefore.
JOURNAL-CITY COUNCIL—CHICAGO 2/16/2
Be ft Ordained by the City Council of the City of Chicago:
SECTION I. All that part of the east/west 10 foot public alley as dedicate deed, shown on the official map records of the City of Chicago and used as said alley being described as: That part of the Lot 6 lying north of the north H^J the south 19 feet of Lot 6 and the north 10 feet of Lot 7 in Block 42 in CarpemJ Addition ro Chicago being a subdivision of the southeast quarter of Section Township 39 North, Range 14, East of the Third Principal Meridian in Cook O^l Illinois; said public alley herein vacated being further described as the east; west i foot public alley in the block bound by West Randolph Street, as widened, w„ Washington Boulevard. North Aberdeen Street and North Carpenter Street shaded and indicated by the words "To Be Vacated" on the drawing hereto attach which drawing for greater certainty, is hereby made a part of this ordinance, be a the same is hereby vacated and closed, inasmuch as the same is no longer i for public use and the public interest will be subserved by such vacation.
SECTION 2. The City of Chicago hereby reserves the public alley as 1 vacated, as a right-of-way for an existing sewer and for the installation of 5 additional sewers or other municipally-owned service facilities now located or wh in the future may be located in the alley as herein vacated, and for the maintena renewal, and reconstruction of such facilities- It is further provided that buildings or other structures shall be erected on said right-of-way herein rese or other use made of said area, which in the judgment of the respective municvp officials having control of the aforesaid service fac ilities would interfere with the t maintenance, renewal, or reconstruction of sail facilities, or the construction c additional municipally-owned service facilities.
SECTION 3. The City of Chicago hereby reserves for the benefit of Amerite Illinois, their successors or assigns, an easement to operate, maintain, construe replace, and renew overhead poles, wires, and associated equipment underground conduit, cables, and associated equipment for the transmission; distribution of telephonic and associated services under, over and along the pubis alley as herein "vacated, with the right of ingress and egress.
SECTION 4. The Commissioner of Transportation is hereby authorised to accr subject to the approval of the Corporation Counsel as to form and legality, and t behalf of the City of Chicago, the benefits of a covenant or similar tnstrunse restricting the use of the public way vacated by this ordinance to the manufacr (including production, processing, cleaning, servicing, testing and repair) materials, goods or products only and for those structures and additional u* which are reasonably necessary to permit such manu&cturing use including th«
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25959
REPORTS OF COMMITTEES
cZaoaQinecessary facilities, storage, employee and customer parking, and similar °j,4r uses and facilities. Such covenant shall be enforceable in law or in equity and "fiail be deemed to provide for reconveyance of the property to the city upon 5 bstantial breach of the terms and conditions thereof. The benefits of such tenant shall be deemed in gross to the City of Chicago, its successors and ^igns. and the burdens of such covenant shall run with and burden the public way vacated by this ordinance. The covenant may be released or abandoned by the Qity only upon approval ofthe 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 release or abandonment,
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, Dora Dastice. Michael N. Dastice, Harpo Studio, Ltd. Partnership and American National Bank and Trust Company, as Trustee, Trust Number 106074-04 jhall deposit in the City Treasury of the City of Chicago a sum sufficient to defray tne costs of removing paving and curb returns and constructing sidewalk and curb icross the entrances to the public alley hereby vacated similar to the sidewalk and curb along the east side of North Aberdeen Street and the west side of North Carpenter Street between West Randolph Street, as widened and West Washington Boulevard. The precise amount ofthe sum so deposited shall be ascertained by the Commissioner of Transportation after such investigation as is requisite.
SECTION 6. The vacation herein provided for is made upon the express condition that within one hundred eighty (180) days after the tassage of this ordinance, Dora Dastice, Michael N. Dastice, Harpo Studio. Ltd. Partnership and .American National Bank and Trust Company, as Trustee, Trust Number 106074-04 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 4 of this ordinance, approved by the Corporation Counsel, and an attached drawing approved by the Superintendent of Maps.
This ordinance shall take effect and be in force from and after its
(Drawing referred to in this ordinance printed on page 25960 of this Journal-j
00604703
Agreement in Lieu of Escrow Industrial Street Vacation Program Re: Vacation of the east-west 10 foot public alley in the block bounded by West
Randolph Street as widened. West Washington Boulevard, North Aberdeen Street and North Carpenter Street
With respect to the above referenced vacation. Dora Dastice, Michael N. Dastice, Harpo Studio, Ltd. Partnership and American National Bank and Trust Company Trust Number 106074-06 ("Applicant"), through its duly authorized agent who has executed this Agreement below, hereby acknowledges receipt of the fully executed and accepted original ofthe Restrictive Covenant document, a copy of which is attached. In lieu ofthe requirement of entering into and paying the cost of an escrow agreement, the Applicant agrees as follows:
To record such original document with the Cook County Recorder of Deeds; and
To provide and pay for an endorsement to a policy of title insurance issued by a title insurance company acceptable to the City which policy shall name the City as an additional insured in an amount not less than TEN THOUSAND DOLLARS (S 10,000.00) and shall insure that the Restrictive Covenant is a valid obligation running with the land subject only to encumbrances acceptable to the City; and
To deliver to the City evidence of compliance with this Agreement within thirty (30) days of date executed below.
Cn the event the Applicant fails or refuses to comply with this Agreement, the Applicant hereby agrees to cause the Subject Premises (as defined in the Restrictive Covenant) to be rededicated to the City of Chicago for public use.
AGREED: DORA DASTICE
Date:
MICHAEL N. DASTICE, as Trustee ofthe Michael N. Dastice Declaration of Trust Agreement dated September 17, 1992
Date:
Harpo Studio. Ltd. Partnership
By: A)lOfrt\l'i/ Cft> l7i£*i«uo „,c Date: n],€)Oo
American National Bank and Trust Company as Trustee, Trust Number 106074-06
By: __ Date:
The City ofChicaeo , . ,
By: yig/^ac^ Date: tfPfenS
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