Record #: O2018-902   
Type: Ordinance Status: Passed
Intro date: 2/28/2018 Current Controlling Legislative Body: Committee on Transportation and Public Way
Final action: 3/28/2018
Title: Execution of non-exclusive perpetual public way easement agreement with Norwegian Lutheran Bethesda Home Association, also known as Bethesda Home and Retirement Center
Sponsors: Taliaferro, Chris
Topic: AGREEMENTS - Easement
Attachments: 1. O2018-902.pdf
ORDINANCE


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, City, by and through its Department of Transportation ("CDOT"), is the owner of the 16' wide north-south oriented, public alley in the block bounded by N. Nordica Avenue, N. Sayre Avenue, W. George Street, and W. Wolfram Street (the "Public Alley") as depicted on Exhibit A; and

WHEREAS, Norwegian Lutheran Bethesda Home Association, a/k/a Bethesda Home and Retirement Center, an Illinois not-for-profit corporation ("Bethesda") is the owner of real property legally described on Exhibit B, which lays adjacent to the Public Alley ("Adjacent Property"), and contains those certain buildings and other improvements (as exist from time to time, collectively, the "Building"); and

WHEREAS, Bethesda desires to use the Public Alley as a point of ingress and egress to the Building, and in connection therewith, Bethesda desires to use a portion of its Adjacent Property (the "Easement Property") to widen the adjacent Public Alley, and thereby create an alley easement area ("Alley Easement Area"); and

WHEREAS, City desires that Bethesda construct, repair, replace, and maintain, certain improvements at Bethesda's sole cost and expense, and to CDOT standards ("Alley Improvements") in the Alley Easement Area, including grading and paving, installing curbs, sidewalks, and striping, all in accordance with the most current version of the Chicago Department of Transportation's Regulations for Openinp, Repair and Construction in the Public Way and its appendices, and in accordance with the Chicago Department of Buildings approved site development plan, construction drawings and permits; and

WHEREAS, the City shall acquire a non-exclusive, perpetual easement over, across and upon the Easement Property (the "Ci...

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