Office of the City Clerk - Record #: SO2017-7158

• Record #: SO2017-7158
• Type: Ordinance
• Status: Passed
• Intro date: 10/11/2017
• Current Controlling Legislative Body: Committee on Transportation and Public Way
• Final action: 3/13/2019
• Title: Long term public way easement agreement with 710 W Fullerton Ave LLC for existing loading dock tunnel
• Sponsors: Smith, Michele
• Topic: AGREEMENTS - Easement

Date	Journal Page Number	Action By	Action	Result
3/13/2019	97309	City Council	Passed as Substitute	Pass
3/6/2019		Committee on Transportation and Public Way	Recommended to Pass
3/6/2019		Committee on Transportation and Public Way	Substituted in Committee
11/1/2017		Committee on Transportation and Public Way	Held in Committee
10/11/2017	58367	City Council	Referred

I



SUBSTITUTE ORDINANCE FOR LONG TERM PUBLIC WAY 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 public way easement for an existing tunnel ("Tunnel") under the public street ("West Fullerton Avenue") described in this ordinance; and
WHEREAS, 710 West Fullerton Avenue, LLC, a Delaware limited liability company, which is licensed to transact business in Illinois ("Grantee") is the owner of the real property and improvements located at 700 West Fullerton Avenue ("Grantee Property"); and

WHEREAS, Lincoln Fullerton REIT Property LLC, a Delaware limited liability company, which is licensed to transact business in Illinois ("REIT"), is the owner of the real property and improvements-located at 701-739 West Fullerton Avenue ("REIT Properties"); and

WHEREAS, the Tunnel connects the Grantee Property on the north side of West Fullerton Avenue to the REIT Properties on the south side of West Fullerton Avenue; and
WHEREAS, the Grantee Property and the REIT Properties are collectively referred to herein as the "Properties"; and

WHEREAS, Grantee wishes to use the Tunnel for the purpose of transporting deliveries from the below-grade loading docks on the south side of West Fullerton Avenue to the Grantee Property on the north side of Fullerton; conducting move in/move out operations from the loading dock; and such other uses necessary or incidental to the operation of the Grantee Property as a senior housing facility; and

WHEREAS, REIT has consented to connection of the Tunnel between the Properties;
and

WHEREAS, the Tunnel was pre...