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Record #: O2018-4034   
Type: Ordinance Status: Failed to Pass
Intro date: 5/25/2018 Current Controlling Legislative Body: Committee on Transportation and Public Way
Final action:
Title: Acquisition of donated property at 2310 S Avers Ave and 2331-2333 S Springfield Ave for public purposes
Sponsors: Munoz, Ricardo
Topic: PROPERTY - Acquisition
Attachments: 1. O2018-4034.pdf
Related files: R2019-362

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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, it is necessary to acquire the two parcels of property identified on the attached Exhibit A (collectively, the "Acquisition Parcel") for public purposes, including possible future use as public right of way; and

WHEREAS, Olga Rodriguez, an individual, is the owner of the real property located at 2310 S. Avers Avenue, Chicago, Illinois, which abuts the Acquisition Parcel and is legally described on Exhibit B attached hereto ("Donation Parcel 1"); and

WHEREAS, Olga Rodriguez has offered to donate Donation Parcel 1 to Ihe City, and the City is interested in accepting such donation from Olga Rodriguez; and

WHEREAS, Raul Almazan, an individual, is the owner of certain real property located at 2331-2333 S. Springfield Avenue, Chicago, Illinois, which abuts the Acquisition Parcel and Donation Parcel 1 and is legally described on Exhibit C attached hereto ("Donation Parcel 2"); and

WHEREAS, Raul Almazan has offered to donate Donation Parcel 2 to the Cily, and the City is interested in accepting such donation from Raul Almazan; now, therefore,

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

SECTION 1. The foregoing recitals are hereby adopted as the findings of the City Council.

SECTION 2. It is hereby determined and declared that it is useful, desirable and necessary that the City acquire the Acquisition Parcel for public purposes, including future use as public right of way.

SECTION 3. The Corporation Counsel is authorized to negotiate with the owner(s) for the purchase of the Acquisition Parcel, or any portion thereof.

SECTION 4. The Corporation Counsel is authorized to execute such documents as may be necessary to implement Sections 1 and 2 of this ordinance, subject to the availability of appropriated funds.

SECTION 5. The Commissioner of the Department of Planning and Development (the "Commissioner") is hereby authorized to accept a deed of conveyance from Olga Rodriguez for Donation Parcel 1, and a deed of conveyance from Raul Almazan for Donation Parcel 2, each

 

 

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deed lo be accepted on behalf of the Cily of Chicago, subject to the approval of the Corporation Counsel as to the form of the deed and the condition of title. The Commissioner is further authorized lo execute any and all documents and lake any and all actions which may be necessary or appropriate to effectuate the acquisition of Donation Parcel 1 and Donation Parcel 2, subject to the approval of Ihc Corporation Counsel.

SECTION 6. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any of the other provisions of ihis ordinance.

SECTION 7. All ordinances, resolutions, motions or orders in conflict with this ordinance are hereby repealed to the extent of such conflict.

SECTION 8. This ordinance shall be effective upon its passage and approval.

Honorable Ricardo Munoz Alderman, 22nd Ward

 

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EXHIBIT A

 

Acquisition Parcel (Subject to Final Survey and Title Commitment)

 

Parcel 1: THAT PORTION OF THE NORTH 125 FEET (EXCEPT THE NORTH 4.13 FEET THEREOF) OF THE EAST HALF OF SAID BLOCK 2 LYING NORTHERLY OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED DATED JANUARY 15, 1951 FROM CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY TO C. O. HENR1KSEN COMPANY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 85 FEET (AS MEASURED ALONG THE EASTERLY AND WESTERLY LINES OF THE EAST HALF OF SAID BLOCK 2) OF THE NORTH 125 FEET OF THE EAST HALF OF SAID BLOCK 2 OF S. J. GLOVER'S ADDITION TO CHICAGO, BEING A SUBDIVISION OF ALL THAT PART LYING SOUTH OF THE SOUTH LINE OF THE RIGHT OF WAY OF CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, COOK COUNTY, ILLINOIS.

Commonly known as: 2302-2304 S. Avers Avenue, Chicago, IL

P.I.N.: 16-26-101 -047-0000 (part)

 

 

Parcel 2: THE EAST 8 FEET OF THAT PORTION OF THE NORTH 125 FEET (EXCEPT THE NORTH 4.13 FEET THEREOF) OF THE WEST HALF OF BLOCK 2 OF S. J. GLOVER'S ADDITION TO CHICAGO, BEING A SUBDIVISION OF ALL THAT PART LYING SOUTH OF THE SOUTH LINE OF THE RIGHT OF WAY OF CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTHERLY OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED DATED JUNE 29, 1999 AND RECORDED AUGUST 27, 2003 AS DOCUMENT NUMBER 0323918108 FROM CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY TO ANT, LLC, IN COOK COUNTY, ILLINOIS.

 

Commonly known as: 2323-2329 S. Springfield Avenue, Chicago, IL

P.I.N.: 16-26-101-047-0000 (part)

 

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EXHIBIT B

 

Donation Parcel 1 (Subject to Final Survey and Title Commitment)

 

 

THE WEST 8 FEET OF THE SOUTH 85 FEET AS MEASURED ALONG THE EASTERLY LINE OF BLOCK 2 OF THE NORTH 125 FEET OF THE EAST HALF OF SAID BLOCK 2 OF S. J. GLOVER'S ADDITION TO CHICAGO, BEING A SUBDIVISION OF ALL THAT PART LYING SOUTH OF THE SOUTH LINE OF THE RIGHT OF WAY OF CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, COOK COUNTY, ILLINOIS.

Commonly known as: 2310 S. Avers Avenue, Chicago, IL 60623

P.I.N.: 16-26-102-075-0000 (part)

 

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EXHIBIT B

 

Donation Parcel 2 (Subject to Final Survey and Title Commitment)

 

 

THE EAST 8 FEET OF THAT PORTION OF THE NORTH 125 FEET OF THE WEST HALF OF BLOCK 2 OF S. J. GLOVER'S ADDITION TO CHICAGO, BEING A SUBDIVISION OF ALL THAT PART LYING SOUTH OF THE SOUTH LINE OF THE RIGHT OF WAY OF CHICAGO, BURLINGTON & QUINCY RAILROAD COMPANY OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 39 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS, TO-W1T:

BEGINNING AT A POINT ON THE WEST LINE OF SAID BLOCK 2 DISTANT 39.55 FEET NORTH OF THE SOUTHWEST CORNER OF LOT 19, SAID BLOCK 2; THENCE NORTHEASTERLY ALONG A STRAIGHT LINE 138.04 FEET TO THE EAST LINE OF THE WEST HALF OF SAID BLOCK 2, THE LAST DESCRIBED COURSE INTERSECTING THE EAST LINE OF SAID LOT 19 AT A POINT 74.55 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 19; THENCE NORTH ALONG SAID EAST LINE 70.00 FEET; THENCE SOUTHWESTERLY ALONG A STRAIGHT LINE TO A POINT ON THE WEST LINE OF SAID BLOCK 2 DISTANT 20.00 FEET NORTH OF THE POuNT OF BEGINNING; THENCE SOUTH ALONG SAID WEST LINE 20.00 FEET TO THE POINT OF BEGINNING.

Commonly known as: 2331-2333 S. Springfield Avenue, Chicago, IL 60623 P.I.N.: 16-26-101-047-0000 (part)