Record #: O2017-7105   
Type: Ordinance Status: Passed
Intro date: 10/11/2017 Current Controlling Legislative Body: Committee on Transportation and Public Way
Final action: 11/8/2017
Title: Vacation of public alley(s) in area bounded by W Wabansia Ave, N Throop St, W Concord Pl and N Ada St
Sponsors: Hopkins, Brian
Topic: ALLEY - Vacation
Attachments: 1. O2017-7105.pdf
INTERGOVERNMENTAL VACATION 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 1301-1329 W. Wabansia Avenue, 1300-1328 W. Concord Place, 1651-1681 N. Ada Street, 1685-1699 N. Ada Street, 1656-1684 N. Throop Street, and 1686-1698 N. Throop Street, are owned by the City of Chicago, a Municipal Corporation; and


WHEREAS, the Department of Fleet and Facility Management proposes to assemble properties including the portion of the alley to be vacated; and



WHEREAS, The City Council of the City of Chicago, after due investigation and consideration, has determined that the nature and extent of public use and the public interest to be subserved is such as to warrant the vacation of part of the public alley described in the following ordinance; now, therefore,



BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:


SECTION 1.
ALL OF THE NORTHEASTERLY-SOUTHWESTERLY 16-FOOT WIDE PUBLIC ALLEY LYING SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF LOTS 1 TO 6, INCLUSIVE; LYING NORTHWESTERLY OF THE NORTHWESTERLY LINE OF LOTS 43 AND 44; LYING NORTHWESTERLY OF A LINE DRAWN FROM THE NORTHEASTERLY CORNER OF SAID LOT 43 TO THE NORTHWESTERLY CORNER OF SAID LOT 44; LYING SOUTHWESTERLY OF A LINE DRAWN FROM THE NORTHEASTERLY CORNER OF SAID LOT 44 TO THE SOUTHEASTERLY CORNER OF LOT 1 AFORESAID; AND LYING NORTHEASTERLY OF A LINE DRAWN FROM THE NORTHWESTERLY CORNER OF SAID LOT 43 TO THE SOUTHWESTERLY CORNER OF LOT 6 AFORESAID; ALL IN SUB-BLOCK 3 OF BLOCK 18 IN THE SUBDIVISION OF BLOCKS 17,18, 20, 21 (EXCEPT LOTS 1, 6 AND 12 IN SAID BLOCK 21) AND BLOCKS 23, 28, 29, 30, 31, 32 (EXCEPT LOTS 1, 2, 3, 6 AND 7) AND BLOCKS 33, 38, 39, 40 AND 41 IN SHEFFIELD'S ADDITION TO CHICAGO IN SECTIONS 29, 31, 32 AND 33, TOWNSHIP 40 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 22,1856 (ANTE-FIRE), IN COOK COUNTY, ILLINOIS.




Page 1

AREA = 4,888 SQUARE FEET OR 0.11222 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 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 Department of Transportation Division of Electrical Operations, 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, and associated services under, over and along the alley herein 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 CDOT Division of Electrical Operations facilities. No buildings, permanent structures or obstructions shall be placed over or interfere with CDOT Division of Electrical Operations facilities without written release of easement. Any future vacation-beneficiary, or its successor or assigns, prompted relocation of CDOT Division of Electrical Operations facilities lying within the area being vacated will be accomplished by CDOT Division of Electrical Operations and done at the expense of the future vacation-beneficiary of the vacation, its successors or assigns.


SECTION 3. The City of Chicago hereby reserves for the benefit of Commonwealth Edison, AT&T/SBC (the "Utilities"), 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 alley herein 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 the facilities belonging to the Utilities. No construction, buildings, permanent structures or obstructions shall occur or be placed over the area herein vacated without the express written release of easement by Utilities. Any future vacation-beneficiary, or its successor or assigns, prompted relocation of facilities lying within the area being vacated .will be accomplished by the respective Utilities, and be done at the expense of the future vacation-beneficiary of the vacation, its successors or assigns.


SECTION 4. 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 Department of Fleet and Facility Management or its assign 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 and plat as approved by the Department of Transportation's Acting Superintendent of Maps and Plats.









Page 2

SECTION 5. This ordinance shall take effect and be in force from and after its
-a passage. The vacation shall take effect and be in force from and after the recording of the
certified ordinance and plat.



Vacation Approved:

Fjebekah Scheinfeld Commissioner

Approved as to Form and Legality
;a Misher



Lisa Misher Chief Assistant Corporation Counsel

Honorable Brian Hopkins Alderman, 2nd Ward


























Page 3
EXHIBIT "A"
PLAT OF VACATION
ALL OF THE NORTHEASTERLY-SOUTHWESTERLY 16-FOOT WIDE PUBLIC ALLEY LYING SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF LOTS 1 TO 6, INCLUSIVE, LYING NORTHWESTERLY OF THE NORTHWESTERLY LINE OF LOTS 43 AND 44, LYING NORTHWESTERLY OF A LINE DRAWN FROM THE NORTHEASTERLY CORNER OF SAID LOT 43 TO THE NORTHWESTERLY CORNER OF SAID LOT 44; LYING SOUTHWESTERLY OF A LINE DRAWN FROM THE NORTHEASTERLY CORNER OF SAID LOT 44 TO THE SOUTHEASTERLY CORNER OF LOT 1 AFORESAID; AND LYING NORTHEASTERLY OF A LINE DRAWN FROM THE NORTHWESTERLY CORNER OF SAID LOT 43 TO THE SOUTHWESTERLY CORNER OF LOT 6 AFORESAID; ALL IN SUB-BLOCK 3 OF BLOCK 18 IN THE SUBDIVISION OF BLOCKS 17, 18, 20, 21 (EXCEPT LOTS 1,6 AND 12 IN SAID BLOCK 21) AND BLOCKS 23, 28, 29, 30,31, 32 (EXCEPT LOTS 1, 2, 3, 6 AND 7) AND BLOCKS 33, 38, 39, 40 AND 41 IN SHEFFIELD'S ADDITION TO CHICAGO IN SECTIONS 29, 31, 32 AND 33, TOWNSHIP 40 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 22. 1856 (ANTE-FIRE), IN COOK COUNTY, ILLINOIS.
AREA = 4,888 SQUARE FEET OR 0.11222 ACRES, MORE OR LESS

Sub - Block 3
(IN FEET ) 1 inch = 100 ft
O NATIONAL SURVEY SERVICE. INC 2017 "ALL RIGHTS RESERVED"
CDOT# 32-02-17-3819
PAGE 1 OF 2
ABBREVIATIONS. E = EAST M = MEASURED N = NORTH
NE'ly = NORTHEASTERLY NWly = NORTHWESTERLY R = RECORD ROW. = RIGHT-OF-WAY S = SOUTH
IMPORTANT
AUG. 11. 2017 DATE: AUG. 3. 2017
SE'ly = SOUTHEASTERLY SWIy = SOUTHWESTERLY W = WEST


REVISED
SURVEY NO. N-130124 VACATION THIS INSTRUMENT PREPARED BY:
NATIONAL SURVEY SERVICE. INC.
PROFESSIONAL LAND SURVEYORS
JO S. MICHIOAN AVENUE. SUITE ZOO CHICAOO, ILLINOIS SOCOS
TEU S12-»5O-»4*0 FAXi S1Z-SSO-S4S4
CIVIL 3D PROJECTS 2018/Nl30124/130124-R*v.dwe
EXHIBIT "A"
PLAT OF VACATION














COOK COUNTY

STATE OF ILLINOIS )
)SS
COUNTY OF COOK )
I, ROBERT M. RAIMONDI, AN ILLINOIS PROFESSIONAL LAND SURVEYOR, DO HEREBY CERTIFY THAT I HAVE SURVEYED THE PROPERTY DESCRIBED HEREON FOR THE PURPOSE OF VACATING THE SAME AND THAT THE PLAT HEREON DRAWN IS A CORRECT REPRESENTATION THEREOF. DIMENSIONS ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF AND ARE CORRECTED TO A TEMPERATURE OF 62° FAHRENHEIT. THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM STANDARDS FOR A BOUNDARY SURVEY.
THE FIELD WORK WAS COMPLETED ON AUGUST 1, 2017

CHICAGO, ILLINOIS, AUGUST 11, 2017 A D.


ROBERT M. RAIMONDI ILLINOIS PROFESSIONAL LAND SURVEYOR NO.


PIN AFFECTED: 14-32-317-014

SURVEY PREPARED FOR AND MAIL TO: MR. DIRK RIEKSE CUSHMAN & WAKEFIELD 225 W. WACKER DRIVE SUITE: 2900 CHICAGO, IL 60606 PH. 312-470-1817
REVISED
SURVEY NO. N-130124 VACATION THIS INSTRUMENT PREPARED BY:
AUG. 11, 2017 DATE: AUO. 3. 2017
NATIONAL SURVEY SERVICE. INC.
DESIGN FIRM LICENSE NUMBER: 184.002780
SO S. MICHIOAN AVENUE. SUITE 200 CHICAOO. ILLINOIS •OSOS
TELt »12-eJO-»«0 FAXl S12-BSO-B4«4
CDOT# 32-02-17-3819
CIVIL 3D PROJECTS 20ie/N130124/130124-Rav.dwg