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Record #: O2013-7604   
Type: Ordinance Status: Passed
Intro date: 10/16/2013 Current Controlling Legislative Body: Committee on Transportation and Public Way
Final action: 1/15/2014
Title: Public way easement agreement with First FM LLC for pedestrian overpass
Sponsors: Reilly, Brendan
Topic: PROPERTY - Easement
Attachments: 1. O2013-7604.pdf

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, First FM, LLC, an Illinois limited liability company and 40 W. Hubbard, LLC, an Illinois limited liability company (together, the "Grantees") are the owners of the properties commonly identified as 32-36 W. Hubbard Street, 431-451 N. Dearborn Street, and 441-443 N. Dearborn Street; and

WHEREAS, Grantees own an existing pedestrian overpass (the "Pedestrian Overpass") that bridges the public right of way between adjacent properties owned by the Grantees; 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, Grantees have expended a substantial sum in constructing the Pedestrian Overpass, and related construction, in order to facilitate the interconnection between their 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 businesses; and

WHEREAS, the City is willing to grant...

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