COMMERCIAL ORDINANCE
WHEREAS, the City of Chicago ("City") is a home rule unit of local government pursuant to Article VII, Section 6 (a) of the 1970 constitution of the State of Illinois and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the properties at 501-527 W. Pershing Road, 535-559 W. Pershing Road, 3901-3937 S. Wallace Avenue, and 3900-3932 S. Normal Avenue are owned by Chicago Land Trust Company as successor Trustee to Lakeside Bank under the provisions of a Trust Agreement dated January 23, 2001, and known as Trust 10-2242 ("Developer"); and
WHEREAS, the Developer proposes to use the portion of the alley to be vacated herein for outdoor storage space for the Developer's adjacent plumbing business; and
o
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 the vacation of part of public alley, described in the following ordinance; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. THAT PART OF THE NORTH-SOUTH 20 FOOT PUBLIC ALLEY IN BLOCK 2 IN TAYLOR AND KREIGH'S SUBDIVISION OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 38 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN RECORDED AUGUST 26, 1856 ANTE-FIRE, BOUNDED AND DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF LOT 2 IN TAYLOR AND KREIGH'S SUBDIVISION; THENCE NORTH 88°32,34" EAST 20.00 FEET TO THE NORTHWEST CORNER OF LOT 1 IN TAYLOR AND KREIGH'S SUBDIVISION; THENCE SOUTH 01°36'38" EAST ALONG THE WEST LINES OF LOTS 1,4, 5 AND 8 IN TAYLOR AND KREIGH'S SUBDIVISION TO THE NORTHEAST CORNER OF THE 20 FOOT VACATED ALLEY PER DOCUMENT NUMBER 12588353; THENCE SOUTH 88°30'34" WEST ALONG THE NORTH LINE OF SAID VACATED ALLEY 20.00 FEET TO THE NORTHWEST CORNER THEREOF ALSO BEING A POINT ON THE EAST LINE OF LOT 7 IN TAYLOR AND KREIGH'S SUBDIVISION; THENCE NORTH 01°36'38" WEST ALONG THE EAST LINE OF LOTS 2, 3, 6, AND 7, IN TAYLOR AND KREIGH'S SUBDIVISION 439.66 FEET TO THE POINT OF BEGINNING, IN COOK COUNTYILLINOIS'. AREA OF PROPERTY = 8,793 SQ. FT. 0.20 ACRES MORE OR LESS as shaded and legally described by the words "HEREBY VACATED" on the plat hereto attached as Exhibit A, which drawing for greater clarity, is hereby made a part of this ordinance, be and the same alley 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 vacation.
SECTION 2. The City of Chicago hereby reserves for the benefit of Commonwealth Edison and its 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 alley herein
Page 1
vacated, with the right of ingress and egress. The grade of the vacated public way shall not be altered in a manner so as to interfere with the operation and maintenance of Commonwealth Edison facilities. No construction, buildings, permanent structures or obstructions shall occur or be placed over the area herein vacated without express written release of easement by the involved utilities. Any future Developer-prompted relocation of facilities lying within the area being vacated will be accomplished by the involved utility, and be done at the expense of the beneficiary of the vacation, or its successor and/or assigns.
SECTION 3. The vacation herein provided for is made upon the express condition that within 180 days after the passage of this ordinance, the Developer shall deposit in the City Treasury of the City of Chicago, a sum sufficient to defray the costs of removing paving and curb returns, and constructing sidewalk 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,
SECTION 4. The vacation herein provided for is made upon the express condition that within 180 days after the passage of this ordinance, the Developer shall pay or cause to be paid to the City of Chicago as compensation for the benefits which will accrue to the owner of the property abutting said part of p_ublic , alley hereby vacated the sum
Eighty thousand dollars ($ '80,000.00 ),
which sum in the judgment of this body will be equal to such benefits.
SECTION 5. The vacation herein provided for is made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, the Developer shall file or cause to be filed for recordation with the Office of the Recorder of Deeds of Cook County, Illinois a certified copy of this ordinance, together with the associated full sized plat as approved by the Acting Superintendent of Maps and Plats.
SECTION 6. This ordinance shall take effect and be in force from and after its passage. The vacation shall take effect and be in force from and after its recording.
^ebekah Scheinfeld Commissioner of Transportation
Richard Wendy
aty CaropfSliion Counsel
Alderman, 1"T Ward
Page 2
EXHIBIT "A'
PLAT OF VACATION
THAT PART OF THE NORTH-SOUTH 20 FOOT PUBLIC ALLEY IN BLOCK 2 IN TAYLOR AND KREIGH'S SUBDIVISION
OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 4,-TOWNSHIP 38 NORTH, RANGE 14 EAST OF
THE THIRD PRINCIPAL MERIDIAN RECORDED AUGUST 26, 1856 ANTE-FIRE, BOUNDED AND DESCRIBED AS
FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF LOT 2 IN TAYLOR AND KREIGH'S SUBDIVISION;
THENCE NORTH 88°32'34" EAST 20.00 FEET TO THE NORTHWEST CORNER OF LOT 1 IN TAYLOR AND KREIGH'S
SUBDIVISION; THENCE SOUTH 01 °36'38" EAST ALONG THE WEST LINES OF LOTS 1,4,5 AND 8 IN TAYLOR AND
KREIGH'S SUBDIVISION TO THE NORTHEAST CORNER OF THE 20 FOOT VACATED ALLEY PER DOCUMENT
NUMBER 12588353; THENCE SOUTH 88°30'34" WEST ALONG THE NORTH LINE OF SAID VACATED ALLEY 20.00
FEET TO THE NORTHWEST CORNER THEREOF ALSO BEING A POINT ON THE EAST LINE OF LOT 7 IN TAYLOR
AND KREIGH'S SUBDIVISION; THENCE NORTH 01°36'38" WEST ALONG THE EAST LINE OF LOTS 2, 3, 6, AND 7, IN
TAYLOR AND KREIGH'S SUBDIVISION 439.66 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY ILLINOIS.
AREA OF PROPERTY = 8,793 SQ. FT. 0.20 ACRES MORE OR LESS
W PERSHNG ROAD
VV* (RECORD 66 FT. PUBLIC R.O.W.)
/R. 292.28' POINT OF BEGINNING § NORTHEAST CORNER odOF LOT 2 LOT 2
FENCE CORNER .2.12' EAST Sc 0.33' SOUTH
of
R. 292.28' .
LOT 6
AERIAL WIRES
S OU JV; yJT »» ft
CHICAGO JU NCTI 0N_R AILA/VA Y
N 88!32 34*,E
W. 40th PLACE
(RECORD 66 FT. PUBLIC R.O.W.)
(IN FEET) 1"= 100'
CDOT# 04-11-16-3767 PAGE 1 OF 2
G:\CAD\2016\2016-22083\2016-22083-001.dwg
EXHIBIT
PLAT OF VACATION
CITY - DEPT. OF FINANCE
COOK CO.
MAIL TO AND PREPARED FOR:
DALEY AND GEORGES LTD
20 SOUTH CLARK STREET, SWE 400
CHICAGO, ILLINOIS 60603
CDOT# 04-11-16-3767
CHECKED:
REVISED 8/31/16 #2016-22969 REVISED 8/30/16 #2016-22969 (BB)
ADDRESS:
ORDERED BY: DALEY ft GEORGES LLP
PERSHING & NORMAL
GREMLEY & BlEDERMANN
A Diviikh or
PLCS, Corporation
Ucbge No. I84-005332 Expires A-30-20I7 Professional Lm/o Surveyors
4505 North Elston Avenue, Chicago, IL 60630
DATE:
FEBRUARY 22, 2016
^ °V TELEPHONE: (773) 685-5I02 FAX: (773) 286-AI84 EMAIL: INF08PLCS-SURVEY.C0M
SCALE:
I Inch = 100 Feet
ORDER NO.
2016-22083-001
& \CAD\201 6\2016-22083\2016-22083-001 .dwg
HEREBY VACATED
CONCRETE HATCH
¦ AERIAL WIRES
FENCE LINES
(D
cO_> E
UNDERLYING LOTS
Telephone MH Utility Pole Electric Vault Electric Light Pole
SURVEY NOTES:
THE ZONING CLASSIFICATION OF THE PROPERTY SHOWN HEREON IS M2-3 AS DELINEATED ON THE CITY OF CHICAGO, DEPARTMENT OF ZONING WEBSITE .
Field measurements completed on February 22, 2016.
Note R. & M. denotes Record and Measured distances respectively.
Distances arc marked in feet and decimal parts thereof. Compare all points BEFORE building by same and at once report any differences BEFORE damage is done.
For easements, building lines and other restrictions not shown on survey plat refer to your abstract, deed, contract, title policy and local building line regulations.
NO dimensions shall be assumed by scale measurement upon this plat
Monumentation or witness points were not set at the clients request.
Unless otherwise noted hereon the Beanng Basis, Elevation Datum and Coordinate Datum if used is ASSUMED
COPYRIGHT GREMLEY & BlEDERMANN, INC. 2016 "All Rights Reserved"
PINs
20-4-104-002 20-4-104-004 20-4-104-010 20-4-104-013 20-4-104-015 20-4-104-016
State of Illinois) County of Cook)ss
We, GREMLEY & BlEDERMANN, INC. hereby certify that we have surveyed the above described property and that the plat hereon drawn is a correct representation of said survey corrected to a temperature of 62° Fahrenheit.
Field measurements completed on February 22, 2016.
Signed on A J3. J?/, ZO/k' .
^jj^feJu
Professional Illinois Land Surveyor No. Z3Q2.
My license expires November 30, 2016
This professional service conforms to the current Illinois minimum standards for a boundary survey.
CITY COUNCIL
City of Chicago
COUNCIL CHAMBER
City Hall—Second Floor 121 Nonrii LaSalle Stheiit Chicago. Illinois 60602 Telephone 312-7 44-4096
FAX. 312-744-8155
COMMITTEE MEMBERSHIPS
Transportation & Pudlic Way (Chairman)
Budget and Government Operations
Commit i ff.s, Rules and Ethics
Education and Child Development
Public Safety
ANTHONY A. BEALE
Alderman, Otm Ward 34 East 1 1 2th Place Chicago. Illinois 60628 Telephone- (773) 785-1100
Fax: (773) 785-2790 e-mail: ward09@cityofchicago.org
December 7, 2016
To the President and Members of the City Council:
Your Committee on Transportation and Public Way begs leave to report and recommend that Your Honorable Body pass A proposed vacation of the remaining segment of dead ended alley in the block bounded by West Pershing Road, West 40th Place, South Normal Avenue and South Wallace Avenue. This ordinance was referred to the Committee on November 1, 2016.
This recommendation was concurred unanimously by a viva voce vote of the members of the Committee with no dissenting vote.
(Ward 11)
Respectfully submitted,
Anthony Beale, Chairman