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 3320-3326 W. Armitage Avenue and at 3228-3336 W. Armitage Avenue are owned by Chicago Title Land Trust Company trust #1234, pursuant to a trust agreement dated March 27, 1995, and by Devon Bank trust #4971, pursuant to a trust agreement dated October 1, 1984, respectively (collectively, the "Developer"); and
WHEREAS the property owner of 2017-2019 N. Kimball Avenue (PIN 13-35-233-018) has quit claimed to Louis Kyriazopoulos, who is a beneficiary of the Developer trusts, its interests in the alley to be vacated herein ; and
WHEREAS, the Developer proposes to use the portion of the alley to be vacated herein for a delivery driveway for trucks servicing the adjacent Armitage Produce; 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 the vacation of that portion 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.
THE 16 WIDE FOOT EAST-WEST ALLEY LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF N. KIMBALL AVENUE; LYING SOUTH OF AND ADJOINING THE SOUTH LINE OF LOT 14 ; LYING WEST OF THE EAST LINE OF SAID LOT 14 EXTENDED SOUTH; LYING NORTH OF THE NORTH LINE OF LOTS 15, 16, 17 AND PART OF LOT 18 IN BLOCK 10 IN C.N. SHIPMAN, W.A. BILL AND N.A. MERRILL'S SUBDIVISION OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 40 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, PLAT RESTORED JUNE 3,1889, IN COOK COUNTY, ILLINOIS, SAID PARCEL CONTAINING 2,891 SQUARE FEET OR
Page 1
0.066 ACRE, MORE OR LESS as shaded and legally described by the words "HEREBY VACATED" on the plat hereto attached as Exhibit A, which plat 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 vacation.
SECTION 2. The City of Chicago hereby reserves for the benefit of Commonwealth Edison, AT&T/SBC, Comcast and 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 Commonwealth Edison, AT&T/SBC, and/or Comcast facilities. 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 the involved utilities. Any future vacation beneficiary-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, its successors 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 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 saidp, part of public alley hereby vacated the sum
^hQUSfirtV dollars ($ bOtQOd.OO ),
which stlm fc^the judgment of this body will be equal to such benefits.
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 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 plats as approved by the Acting Superintendent of Maps and Plats.
SECTION 5. This ordinance shall take effect and be in force from and after its passage and approval. The vacation shall take effect and be in force from and after recording of the approved ordinance and plat.
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Vacation Approved:
Rebekah Scheinfeld Commissioner of Transportation
Approved as to Form and Legality
Lisa Misher
Deputy Corporation Counsel
Honorable Roberto Maldonado Alderman, 26th Ward
Page 3
EXHIBIT "A"
OF
OF
THE 16 FOOT WIDE EAST-WEST ALLEY LYING EAST OF THE EAST RIGHT-OF-WAY LINE OF N KIMBALL AVENUE, LYING SOUTH OF AND ADJOINING THE SOUTH LINE OF LOT 14 ; LYING WEST OF THE EAST LINE OF SAID LOT 14 EXTENDED SOUTH; LYING NORTH OF THE NORTH LINE OF LOTS 15, 16, 17 AND PART OF LOT 16 IN BLOCK 10 IN C N SHIPMAN, W.A BILL AND N.A MERRILL'S SUBDIVISION OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 35. TOWNSHIP 40 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN. PLAT RESTORED JUNE 3, 1889, IN COOK COUNTY, ILLINOIS SAID PARCEL CONTAINING 2,891 SQUARE FEET OR 0.066 ACRE, MORE OR LESS
DICKENS"
CENTERLINE OF W. DICKENS AVENUE
-AVENUE
66' R.OW HERETOFORE DEDICATED AS FOR PUBLIC STREET PURPOSES
C.N. SHIPMAN. WJX. BILL AND N-A. MERRILL'S SUBDIVISION
PLAT RESTORED JUNE 3,1889
EAST LINE OF LOT 14 EXTENDED SOUTH -
LOT 14 N90°00'00"E
(R&M)180.71'
"HEREBY VACATED"
16' PUBLIC ALLEY
BLOCK 10
(R&M)1|80.71'
LOT 17
LOT 18
sgo^d'oo-w
,N. SHIPMAN. W.A. BILL AND N.A.
LOT 16
MERRILL'S SUBDIVISION
PLAT RESTORED JUNE 3.1689
I 3316 ■ 3330 W. ARUTTASE AVE.
PERMANENT INDEX NUMBERS
13 - 33 - 233 - 026 (AFFECTS LOT 13)
13 - 33 - 233 - 027 (AFFECTS LOT 1<)
13 - 33 - 233 - 020 (AFFECTS LOTS 17 AND II
(R&M)168.75'
CENTERLINE OF W. ARMITAGE AVENUE
AVENUE-
ARM YT AG E
SOUTH LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 35 - 40
66' R.O.W. HERETOFORE DEDICATED AS FOR PUBLIC STREET PURPOSES
sgo'oo-ocrw
LEGEND
AREA TO BE VACATED
i BOUNDARY LINE OF
PROPOSED VACATION ■ RIGHT-OF-WAY LINE
' LOT LINE
lFFIC FLOW DIRECTIONAL'S
(R) RECORD DATA (M) MEASURED DATA R.O.W. - RIGHT OF WAY
CDOT #35-26-18-3860
PROJECT No.: 2017-24986
IssUE bAYE
5/22/17
SCALE: 1-=30'
SHEET NUMBER
1 OF 2
PLAT PREPARED FOR: REGNER(RAY) SUAREZ 4844 W. WOLFRAM ST. CHICAGO, IL 60641
PLAT PREPARED BY:
UNITED SURVEY SERVICE, LLC
CONSTRUCTION AND LAND SURVEYORS 7710 CENTRAL AVENUE, RIVER FOREST, IL 60305 TEL.: (847) 299-1010 FAX : (847) 299 - 5887
E-MAIL: USURVEY@USANDCS.COM^'^ \\
MAIL TO:
REGNER(RAY)SUAREZ
4844 W. WOLFRAM ST. CHICAGO, IL 60641
PERMANENT INDEX NUMBERS:
13 - 35 - 233 - 026 (AFFECTS LOT 15) APPLICANT OWNED
13 - 35 - 233 - 027 (AFFECTS LOT 16) APPLICANT OWNED
13 - 35 - 233 - 028 (AFFECTS LOTS 17 AND 18) APPLICANT OWNED
13-35-233-018 (AFFECTS LOT 14) NQNAPPLICANT OWNED
CITY-DEPT. OF FINANCE
SURVEYOR'S NOTES
THE BASIS OF BEARINGS IS ASSUMED.
CITY OF CHICAGO ZONED:
C1-1, NEIGHBORHOOD COMMERCIAL DISTRICT
DATE OF COMPLETION OF FIELD WORK : MAY 22. 2017
NO DIMENSIONS SHOULD BE ASSUMED BY SCALE MEASUREMENTS.
STATE OF ILLINOIS )
)S.S.
COUNTY OF COOK )
I, ROY G. LAWNICZAK, DO HEREBY CERTIFY THAT I HAVE PREPARED THE PLAT OF VACATION FOR THE PURPOSE SHOWN HEREON.
THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM STANDARDS FOR A BOUNDARY SURVEY.
DIMENSIONS ARE SHOWN IN FEET AND DECIMALS AND ARE CORRECTED TO A TEMPERATURE OF 68* FAHRENHEIT.
RIVER FOREST, ILLINOIS, AUGUST 2, A.D. 2018
C.D.O.T.
LAND SURVEYOR NO. 35-2290
ROY G. L/rWNICZAK, REGISTE LICENSE: EXPIRES: NOVEMBER 30, 2018 PROFESSIONAL DESIGN FIRM LICENSE NO.: 184-004578 LICENSE EXPIRES: APRIL 30, 2019
PLAT PREPARED FOR: REGNER (RAY)SUAREZ 4844 W. WOLFRAM ST. CHICAGO, IL 60641
CDOT #35-26-18-3860
PROJECT No.: 2017-24986
REVISED PER COMMENTS
ISSUE DATE: 5/22717
PLAT PREPARED BY
REVISED PER COMMENTS
3 REVISED PER COWCKTS 09/11/18
SCALE: 1"=30'
UNITED SURVEY SERVICE, LLC
SHEET NUMBER
2 OF 2
CONSTRUCTION AND LAND SURVEYORS 7710 CENTRAL AVENUE, RIVER FOREST, IL 60305
TEL.: (847) 299 -1010 FAX : (847) 299 - 5887. \ Ol E-MAIL: USURVEYcgUSANDCS.COM ^ \> -A
Chicago Department of Transportation city of chicago
Mr. Edward Siskel Corporation Counsel Room 600 - City Hall Chicago, IL 60602-1289
Attention: Ms. Lisa Misher Deputy Corporation Counsel
Re: Proposed Vacation for Trust 1234 and 4971 (Armitage Produce) Commercial File: 35-26-18-3860
Dear Mr. Siskel:
Pursuant to a request from Mr. Louis Kyriazopoulos, we are transmitting herewith for your review and approval as to form and legality an original and three (3) copies of a proposed vacation the southernmost E-W alley in the block bounded by W. Armitage Avenue, N. Kimball Avenue, W. Dickens Avenue and N. Spaulding Avenue. This property is located in the 26th Ward.
Trusts 1234 and 4971 (beneficiaries: Louis and Sia Kyriazopoulos) are the owners of record to the property adjoining the public alley to be vacated. The people to contact in connection with this proposed ordinance are Mr. Ray Suarez at 773-501-5807 and Mr. Peter Paulos at 847-738-1097.
An easement has been reserved for Corned, ATT/SBC and Comcast in Section 2 of the ordinance. All other underground utility agencies are either not involved or have made suitable arrangements. Section 3 requires compensation to the City for the land being conveyed. Sections 4 and 5 are standard language regarding the ordinance.
3eKan Scheinfeld Commissioner
Originated by: , , .^y,
Luann Hamilton Deputy Commissioner
RS: LH: RD
cc: Alderman ^Maldonado (26) C Alderman AnthbnyT3eal£3/?
Sandra Foreman/w Attach. Dwg.-s.f. & Ord. (3) file copies
(2) MapiN&lfllatSLASALLE STREET, SUITE 1100, CHICAGO, ILLINOIS 60602
CITY COUNCIL
City of Chicago
COUNCIL CHAMBER
City Hall—Second Floor 121 North LaSalle Street Chicago, Illinois 60602 telephone: 312-744-4096
FAX- 312-744-8155
COMMITTEE MEMBERSHIPS
Transportation & Public Way (Chairman)
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Finance
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Workforce Development and Audit
Alderman, 9th Ward 34 East 112th Place Chicago, Illinois 60628 Telephone (773) 785-1100
Fax: (773) 785-2790 -mail: ward09@cityofchicago.org
January 23, 2019 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 the proposed ordinance transmitted herewith for a VACATIONS to TRUST 1234 AND 4971 (ARMITAGE PRODUCE) - O2018-7012 A proposed vacation of the southernmost east-west alley in the block bounded by West Armitage Avenue, North Kimball Avenue, West Dickens Avenue and North Spaulding Avenue This ordinance was referred to Committee on September 20, 2018.
This recommendation was concurred unanimously by viva voce vote of the members of the Committee with no dissenting vote.
(Ward 26)
Respectfully submitted,
Anthony Beale, Chairman