Office of the City Clerk - Record #: O2018-8085

• Record #: O2018-8085
• Type: Ordinance
• Status: Passed
• Intro date: 10/31/2018
• Current Controlling Legislative Body: Committee on Transportation and Public Way
• Final action: 12/12/2018
• Title: Partial release of industrial restrictive covenant for benefit of PVJS Active Propane associated with ordinance vacating N Sangamon St between W Carroll Ave and W Wayman St, and portion of W Carroll Ave between N Sangamon St and N Morgan St
• Sponsors: Burnett, Jr., Walter
• Topic: STREETS - Vacations

Date	Journal Page Number	Action By	Action	Result
12/13/2018		Office of the Mayor	Signed by Mayor
12/12/2018	93177	City Council	Passed	Pass
12/5/2018		Committee on Transportation and Public Way	Recommended to Pass
10/31/2018	88695	City Council	Referred

ORDINANCE FOR PARTIAL RELEASE OF USE RESTRICTION COVENANT



WHEREAS, on May 14, 2008, the City Council of the City of Chicago ("City Council") passed that certain ordinance (C.J., pp. 28129, and 28121 to 28136), (referred to herein as the "Vacation Ordinance"), which provided for an industrial program street vacation of a portion of N. Sangamon Street between W. Carroll Street and vacated W. Wayman Street, as well as a portion of W. Carroll Street between N. Sangamon Street and N. Morgan Street (such vacated property, together, the "Subject Property"); and


WHEREAS, the Vacation Ordinance provided that the vacation of the Subject Property was conditioned, in part, upon Nealey Family Limited Partnership, Pioneer Wholesale Meat Company, H. Carruth, L.L.L.P, Active Propane Company (n/k/a PVJS Company, an Illinois corporation) and Roberts Electric Company, each of which at the time of the passage of the Vacation Ordinance owned property abutting the Subject Property, recording a restrictive use covenant running with the land ("Restrictive Use Covenant"), which required that the Subject Property be used only for "manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only, and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and other similar uses and facilities"; and


WHEREAS, the Restrictive Use Covenant was recorded on September 18, 2008, with the Office of the Recorder of Deeds of Cook County, Illinois (the "Recorder's Office), as Document Number 0826245110, and a copy of such recorded Restrictive Use Covenant is attached hereto as Exhibit A; and


WHEREAS, the Vacation Ordinance was recorded on September 18, 2008, with the Recorder's Office, as Document No. 0826245111, and a copy of such recorded Vacation Ordinance is attached hereto as Exhibit B: and


WH...