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This record contains private information, which has been redacted from public viewing.
Record #: SO2017-7158   
Type: Ordinance Status: Passed
Intro date: 10/11/2017 Current Controlling Legislative Body: Committee on Transportation and Public Way
Final action: 3/13/2019
Title: Long term public way easement agreement with 710 W Fullerton Ave LLC for existing loading dock tunnel
Sponsors: Smith, Michele
Topic: AGREEMENTS - Easement
Attachments: 1. SO2017-7158.pdf, 2. O2017-7158.pdf
I



SUBSTITUTE ORDINANCE FOR LONG TERM PUBLIC WAY 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 public way easement for an existing tunnel ("Tunnel") under the public street ("West Fullerton Avenue") described in this ordinance; and
WHEREAS, 710 West Fullerton Avenue, LLC, a Delaware limited liability company, which is licensed to transact business in Illinois ("Grantee") is the owner of the real property and improvements located at 700 West Fullerton Avenue ("Grantee Property"); and

WHEREAS, Lincoln Fullerton REIT Property LLC, a Delaware limited liability company, which is licensed to transact business in Illinois ("REIT"), is the owner of the real property and improvements-located at 701-739 West Fullerton Avenue ("REIT Properties"); and

WHEREAS, the Tunnel connects the Grantee Property on the north side of West Fullerton Avenue to the REIT Properties on the south side of West Fullerton Avenue; and
WHEREAS, the Grantee Property and the REIT Properties are collectively referred to herein as the "Properties"; and

WHEREAS, Grantee wishes to use the Tunnel for the purpose of transporting deliveries from the below-grade loading docks on the south side of West Fullerton Avenue to the Grantee Property on the north side of Fullerton; conducting move in/move out operations from the loading dock; and such other uses necessary or incidental to the operation of the Grantee Property as a senior housing facility; and

WHEREAS, REIT has consented to connection of the Tunnel between the Properties;
and

WHEREAS, the Tunnel was pre...

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