Office of the City Clerk - Record #: SO2013-4974

• Record #: SO2013-4974
• Type: Ordinance
• Status: Passed
• Intro date: 6/26/2013
• Current Controlling Legislative Body: Committee on Transportation and Public Way
• Final action: 10/16/2013
• Title: Public way easement agreement with MB Financial Bank N.A.for pedestrian overpass at 2400-2410 and 2444 W Lawrence Ave
• Sponsors: Pawar, Ameya
• Topic: AGREEMENTS - Easement

Date	Journal Page Number	Action By	Action	Result
10/16/2013	62660	City Council	Passed as Substitute	Pass
10/9/2013		Committee on Transportation and Public Way	Recommended to Pass	Pass
9/4/2013		Committee on Transportation and Public Way	Held in Committee
6/26/2013	57242	City Council	Referred

SUBSTITUTE ORDINANCE FOR LONG TERM EASEMENT

WHEREAS, The City of Chicago ("City") is a home rule unit of government by virtue of the provisions of the Constitution of the State of Illinois of 1970 and, as such, may exercise any power and perform any function pertaining to its government and affairs; and

WHEREAS, the City Council of the City of Chicago, after due investigation and consideration, has determined that the nature and extent of the public use and the public interest to be subserved is such as to warrant a long term easement for an existing pedestrian overpass over the public alley described in the following ordinance; now therefore,

WHEREAS, MB Financial Bank N.A. ("Grantee") is the owner of the properties commonly identified as 2400-2410 and 2414 W. Lawrence; and

WHEREAS, Grantee owns an existing pedestrian overpass (the "Pedestrian Overpass') to bridge the public right of way between adjacent properties owned by the Grantee; and

WHEREAS, the Pedestrian Overpass was previously permitted under the Use of the Public Way Program by the Department of Business Affairs and Consumer Protection, but is now not being handled by that program; and

WHEREAS, Grantee has expended a substantial sum in constructing the Pedestrian Overpass, and related construction, in order to facilitate the interconnection between its buildings; and

WHEREAS, the Pedestrian Overpass will require the use of the public right-of-way, specifically the limited air rights above the grade of the alley, as more fully described on the Plat of Easement attached hereto and make a part hereof as Exhibit A; and
WHEREAS, the Department of Transportation has determined that the Pedestrian Overpass will not interfere with the City's traffic infrastructure and will benefit the business; and

WHEREAS, the City is willing to grant Grantee an easement on the same terms and conditions set forth in the Public Way Easement Agreement (the "Public Way Easement Agreement") attached hereto and incorporated...