COMMERCIAL ORDINANCE
WHEREAS, the City of Chicago ("City") is a home rule unit of local government pursuant to Article VII, Section 6 (a) ofthe 1970 constitution ofthe State of Illinois and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the property at 1015-1025 W. Addison Street is owned by CP Newport Beach Limited Partnership, an Illinois limited partnership and David B. Dahl as Trustee of the Stephen A. Schultz Family Trust I dated October 1, 1990; the property at 1027-1029 W. Addison Street is owned by CP Newport Beach Limited Partnership, an Illinois limited partnership; the property at 1033-1041 W. Addison is owned by Jose Luis Resendiz, Jr.; the property at 3546-3558 N. Sheffield Avenue is owned by 117 LLC, an Illinois limited liability company; the property at 3535-3539 N. Clark Street is owned by Midway Holdings L.L.C., an Illinois limited liability company; and the property at 3541-3551 N. Clark Street is owned by Chicago Title Land Trust Company Trust 119125, an Illinois corporation; (Cumulatively and subsequently known as "The Adjacent Owners"); and
WHEREAS, the Adjacent Owners propose to use the portion of the alleys to be vacated herein for the construction of an eight (8) story, mixed use building containing 148 dwelling units and 169,000 square feet of commercial space; and
WHEREAS, the City Council of the City of Chicago, after due investigation and consideration, has determined that the nature and extent ofthe public use and the public interest to be subserved is such as to warrant the vacation of part of public alleys, described in the following ordinance; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1.
DEDICATION PARCEL A
THE SOUTH 5.00 FEET OF LOTS 26 AND 27 LYING EAST OF THE EAST LINE OF LOT 8 EXTENDED NORTH ALL IN WEAGE AND HYDES SUBDIVISION OF LOT 1 IN ASSESSOR'S DIVISION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 40 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED MAY 13, 1866, ANTE-FIRE, IN COOK COUNTY, ILLINOIS.
Containing 200 Sq. FL or 0.004 acres, more or less.
Page 1
ALSO
PARCEL B
THE SOUTH 20 FEET OF LOT 20 IN WEAGE AND HYDES SUBDIVISION OF LOT 1 IN ASSESSOR'S DIVISION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 40 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED MAY 13, 1866, ANTE-FIRE, IN COOK COUNTY, ILLINOIS.
Containing 2,500 Sq. Ft. or 0.057 acres, more or less, both aforementioned dedication areas as shaded and legally described by the words "HEREBY DEDICATED FOR PUBLIC ALLEY" on the plat hereto attached as Exhibit A, which drawing for greater clarity, is hereby made a part of this ordinance.
VACATION:
ALL OF THE NORTH/SOUTH 15 FOOT WIDE PUBLIC ALLEY LYING EAST OF THE EAST LINE OF LOTS 1 TO 7 AND WEST OF THE WEST LINE OF LOT 31 EXTENDED SOUTH TO THE NORTH LINE OF LOT 8, ALL IN WEAGE AND HYDES SUBDIVISION OF BLOCK 1 IN ASSESSOR'S DIVISION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 40 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED MAY 13,1866, ANTE-FIRE, IN COOK COUNTY, ILLINOIS.
Containing 2,367 Sq. Ft. or 0.054 acres, more or less.
ALSO
ALL OF THE EAST/WEST 28.5 FOOT WIDE PUBLIC ALLEY LYING NORTH OF THE NORTH LINE OF LOT 8, WEST OF THE EAST LINE OF LOT 8 EXTENDED NORTH TO THE SOUTH LINE OF LOT 27 AND EAST OF THE WEST LINE OF LOT 31 EXTENDED SOUTH TO THE NORTH LINE OF LOT 8, ALL IN WEAGE AND HYDES SUBDIVISION OF BLOCK 1 IN ASSESSOR'S DIVISION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 40 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED MAY 13,1866, ANTE-FIRE, IN COOK COUNTY, ILLINOIS.
Containing 3,268 Sq. Ft. or 0.075 acres, more or less.
ALSO
ALL OF THE NORTH/SOUTH 15 FOOT WIDE PUBLIC ALLEY LYING EAST OF THE EAST LINE OF LOT 26, NORTH OF A LINE 5.00 FEET NORTH AND PARALLEL WITH THE SOUTH LINE OF LOT 26 EXTENDED EAST TO THE WEST LINE OF LOT 20 AND SOUTH OF THE SOUTH LINE OF WEST ADDISON STREET, IN WEAGE AND HYDES SUBDIVISION OF LOT 1 IN ASSESSOR'S DIVISION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 40 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED MAY 13,1866, ANTE-FIRE, IN COOK COUNTY, ILLINOIS.
Containing 1,865 Sq. Ft. or 0.042 acres, more or less, all three ofthe aforementioned vacation areas as shaded and legally described by the words "HEREBY VACATED" on the plat hereto attached as Exhibit B, which drawing for greater clarity, is hereby made a part of this
Page 2
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 vacations.
SECTION 2. The City of Chicago hereby reserves for the benefit of Commonwealth Edison, and/or, ComCast and their successors or assigns, a non-exclusive utility easement to operate, maintain, construct, replace and renew overhead wires, poles, and associated equipment and underground conduit, cables, and associated equipment for the transmission and distribution of electrical energy, telephonic and associated services under, over and along the alleys herein vacated, with the right of ingress and egress. The grade of the vacated public ways shall not be altered in a manner so as to interfere with the operation and maintenance of Commonwealth Edison, and/or Comcast facilities. No buildings, permanent structures or obstructions shall be placed over Commonwealth Edison, and/or ComCast facilities without express written release of easement by Commonwealth Edison, and/or ComCast. Any future Adjacent Owner-prompted relocation of Commonwealth Edison, and/or ComCast facilities lying within the area being vacated will be accomplished by Commonwealth Edison, and/or Comcast and be done at the expense of the Adjacent Owners.
SECTION 3. The vacation herein provided for is made upon the express condition that within 180 days after the passage of this ordinance, the Adjacent Owners shall deposit in the City Treasury of the City of Chicago, a sum sufficient to defray the costs of removing paving and curb returns, constructing sidewalk and curb at the entrance to that part of the alley hereby vacated, and constructing newly dedicated public alley, in accordance with the most current version of the Chicago Department of Transportation's Regulations for Opening. Repair and Construction in the Public Way and its appendices, and in agreement with the executed Duty to Build Agreement attached herein and made a part of this ordinance as Exhibit C.
SECTION 4. The vacations herein provided for are made upon the express condition that within 180 days after the passage of this ordinance, the Adjacent Owners shall pay or cause to be paid to the City of Chicago as compensation for the benefits which will accrue to the owner ofthe property abutting said part of public alleys hereby vacated the sum
~;ttv«^ ^v- 4x. *Wsc A dollars ($ 1,0^0,0 00 ),
which sum in the judgment of thfis body will be equal to such benefits.
SECTION 5. The vacations and dedications herein provided for are made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, the Adjacent Owners 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 the corresponding full- sized plats as approved by the Superintendent of Maps and Plats.
SECTION 6. This ordinance shall take effect and be in force from and after its passage. The vacations and dedications shall take effect and be in force from and the recording of the ordinance and associated plats.
Page 3
Vacations and Dedications Approved:
Rebekah Scheinfeld Commissioner of Transportation
Page 4
FXHIBIT "A*
parcel a PLAT OF DEDICATION
THE SOUTH 5.00 FEET OF LOTS 26 AND 27 LYING EAST OF THE EAST LINE OF LOT 8 EXTENDED NORTH ALL IN WEAGE AND
HYDES SUBDIVISION OF LOT 1 IN ASSESSOR'S DIVISION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 20, TOWNSHIP 40 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF, RECORDED MAY 13, 1866, ANTE-FIRE, IN COOK COUNTY, ILLINOIS
Containing 200 Sq. Ft. or 0.004 acres, more or less.
ALSO
PARCEL B
THE SOUTH 20 FEET OF LOT 20 IN WEAGE AND HYDES SUBDIVISION OF LOT 1 IN ASSESSOR'S DIVISION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 20, TOWNSHIP 40 NORTH. RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED MAY 13,1866, ANTE-FIRE, IN COOK COUNTY, ILLINOIS. Containing 2,500 Sq Ft. or 0.057 acres, more or less.
(RECORD 66 FT. PUBLIC R.O.W.)
PREPARED FOR:
M & R DEVELOPMENT 555 PIERCE RD., STE. 180 ITASCA, IL 60143
AFFECTED PINs:
14-20-403-067
14-20-403-024
Davtd B Peril as trustee lor The Steven A Schultz Family Trust I dated October 1.1990(3333%) hereby certifies ttiot tiey ere the owners of tie property described hereon and as such owner has caused said property to be surveyed for the purpose of dedicating a public street as shown hereon and in witness tiereof said David B. Dahl as trustee for The Steven A Schultz Family Trust I dated October 1.1990 has caused this certificate to
be signed by its duty authorized trustee on Its behalf on this day
of A D.2014.
_. a Notary Public in and for tie County
end State aforesaid, do hereby certify mot _
personally known tometobefhesamepersonwho appeared betoro me
tiis day In person and acknowledged that he (she) Is tie owner of tie
property described on the plat hereon drawn and tiat as such owner he
(she) signed, sealed and delivered tie said instrument for tie uses and
purposes therein set forth Given under my hand and seat
this day or AD.20
OWNER'S CERTIFICATE PARCEL A State of Illinois) County or )ss
117 LLC hereby certifies ttiot tiey are tie owners of ttie property described hereon and as such owner has caused said property to be surveyed tor the purpose of dedicating a public street as shown hereon in witness thereof said 117 LLC has caused this certificate to be signed by its duty authorized
managmg member cn Its bohair on this day of
A.D.2014
By-
NOTARY CERTIFICATE State of Illinois) County of )ss
I,
_, a Notary Public In and for the County
and State aforesaid, do hereby certify tiat _
personally known to me to be the same person who spp<
this day In person and acknowledged that he (she) is tie owi
property described on the plat hereon drawn and tiat as
(she) signed, seeled and delivered tie sad instrument"
purposes therein set fortv Given under my hand and
tiis day of AD 20
CDOT# 20-44-14-365
ORDERED BT HH DEVELOTEiq
CLAW I JP0130H DEVELOFHEKT. CHICAGO. 1
CHICAGO GUARANTEE SURVEY COMPANY
PLCS, Covomthh
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2014-19375-002
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Notary Public
OWNER'S CERTIFICATE PARCEL B State of Illinois) County of )ss
By
NOTARY CERTIFICATE State of Illinois) County of )ss
I,
CP Newport Beach LP. (66.67%) hereby certifies ttiat tiey are the owners
of tie properly described hereon and as such owner has caused said
property to be surveyed for the purpose of dedicating a public street as
shown hereon In witless thereof sad CP Newport Beach LP has caused
tiis cerBlicele to be signed by Its duty authorized general partner on its
behalf on this day of A.D.2014.
By
NOTARY CERTIFICATE State of Illinois) County of )ss
, o Notary Public In and for tie County
and State aforesaid, do hereby certify that
personally known to me to be the same person who appeared before me
tiis day in person and acknowledged that he (she) Is the owner of tie
property described on tie plat hereon drawn and that as such owner he
(she) signed, sealed and delivered tie said Instrument for the uses and
puniosestrwemsetfonTi. Given under my hand and seal
this day of A-D.20_
WEAGE & HYDES SUBDIVISION of Lot 1 IN ASSESSOR'S DIVISION of the Northwest 1/4 of the Southeast 1/4 of Section 20-40-14 Recorded May 13,1866 Ante-Fire
"B"
RESUBDIVISION of Lot 2 IN ASSESSOR'S DIVISION of the Northwest 1/4 of the Southeast 1/4 of Section 20-40-14
Recorded April 14,1892 Document #1644610 "C"
Document #3669111
BERNARD E. ANDERSON'S SUBDIVISION of Lots S&6 of the RESUBDIVISION of Lot 2 IN ASSESSOR'S DIVISION of the Northwest 1/4 ofthe Southeast 1/4 of Section 20-40-14
Recorded March 23,190S
"B"
CO Q
o
O
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IF YOUR SUBDIVISION INCLUDES THE DEDICATION OF A NEW STREET/ALLEY. PLEASE COMPLETE THE BELOW FORM
The below document must be reproduced on the applicant's letterhead, executed by same, and notarized:
DUTY TO BUILD AGREEMENT FOR CREATION OF A NEW ALLEY/STREET
In support of my current application with the Chicago Department of Transportation's Maps and Plats unit, for a subdivision/dedication of my private property, I hereby state that I am the applicant or the company agent for the applicant company involved in the project, aner^that I have the authority to agree to the below terms of the ivisigfVdejaication. Please initial:
I am aware that I am responsible for the construction of all new public and private rights of way (streets, alleys, etc.) described on the Plat of Subdivision/Dedication.
I further understand that all rights of way (both public and private) must be built to City specifications as detailed in CDOT's Regulation for Openings. Construction and Repair in the Public Way.
Lastly, I understand that construction deposits will be required to assure that the work is done correctly. An inspection will be conducted by the City upon completion of the work. The City of Chicago reserves the right to require demolition and reinstallation of any fefcilities-tfoat are judged to be sub par or that do not adhere to the'lSity's st
Dated:
Title: Member of Preferred
Equities, LLC (Member
and Partner)
Javid B. Dahl, Trustee Organization: 117. LLC. CP Newport Beach. LP The Steven A. Shultz Trust I. 10/01/1990
Address: Phone/fax: Email: Notary:
1025 W. Addison St Chicago. IL 773-868-3789 / 773-868-0059
preferredequities@aol.com
Cl(^^*t^c Kit
OFFICIAL SEAL CHARMAINE M LEONETTI NOTARY PUBLIC - STATE Of ILLINOIS MY COMMISSION EXPIRES: 10/25/15