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...
Click here for full text