Record #: O2019-9422   
Type: Ordinance Status: Passed
Intro date: 12/18/2019 Current Controlling Legislative Body: Committee on Transportation and Public Way
Final action: 2/19/2020
Title: Vacation of public alley(s) in area bounded by N Milwuakee Ave, N Kedzie Ave, W Wrightwood Ave and N Sawyer Ave
Sponsors: Ramirez-Rosa, Carlos
Topic: ALLEY - Vacation
Attachments: 1. O2019-9422.pdf, 2. O2019-9422 (V1).pdf

COMMERCIAL VACATION 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 2616-2618 N. Milwaukee Avenue are owned by Grace-Logan Square LLC, an Illinois limited liability company ("Developer"); and

 

 

WHEREAS, the properties at 2612 N. Kedzie Avenue are owned by Norwegian Lutheran Memorial Church of Chicago which has consented to the vacation (EXHIBIT A); and

 

 

WHEREAS, the Developer proposes to use the portion of the alley to be vacated herein for construction of additional building access and building upgrades; and

 

 

WHEREAS, the City Council of the City of Chicago, after due investigation and consideration, has determined that the nature and extent ofthe public use and the public interest to be subserved is such as to warrant the vacation of that portion ofthe public alley, described in this ordinance; now therefore,

 

 

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

 

 

SECTION 1.

 

 

VACATION OF: THAT PART OF THE PUBLIC ALLEY CARRIAGE TURNAROUND IN BLOCK 3 IN HITT, RUNYAN AND ARCHER SUBDIVISION, RECORDED MARCH 10, 1873 PER DOCUMENT NUMBER 8842, IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 40 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH MOST SOUTHWEST CORNER OF LOT 4 IN BLOCK 3, IN HITT, RUNYAN AND ARCHER SUBDIVISION AFORESAID (ALSO BEING ON THE NORTH LINE OF LOT 1 IN HIMES & FRANK'S RESUBDIVISION RECORDED JULY 3, 1894 AS DOCUMENT NUMBER 2068363); THENCE SOUTH 88 DEGREES 42 MINUTES 24 SECONDS WEST ALONG THE SAID NORTH LINE OF LOT 1 ALSO BEING THE SOUTH LINE OF AN EAST-WEST 16 FOOT WIDE PUBLIC ALLEY, 43.59 FEET; THENCE NORTH 01 DEGREES 17 MINUTES 36 SECONDS WEST 53.55 FEET; THENCE NORTH 38 DEGREES 49 MINUTES 39 SECONDS EAST 8.00 FEET TO THE SOUTHWEST CORNER OF LOT 6 IN HITT, RUNYAN AND ARCHER SUBDIVISION AFORESAID (ALSO ON THE NORTHEASTERLY LINE OF A

 

Page 1

 

 

NORTHWESTERLY-SOUTHEASTERLY 16 WIDE PUBLIC ALLEY); THENCE SOUTH 51 DEGREES 10 MINUTES 21 SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF LOTS 5 AND 6 IN HITT, RUNYAN AND ARCHER SUBDIVISION AFORESAID ALSO BEING THE NORTHEAST LINE OF SAID PUBLIC ALLEY, 50.03 FEET TO THE SOUTH MOST CORNER OF SAID LOT 5; THENCE SOUTH 01 DEGREE 39 MINUTES 55 SECONDS EAST ALONG THE EAST LINE OF SAID PUBLIC ALLEY BEING ALSO THE WEST LINE OF SAID LOT 4 A DISTANCE OF 27.43 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS, SAID ABOVE DESCRIBED PARCEL CONTAINING 1,960 SQUARE FEET OR 0.05 ACRES, MORE OR LESS as shaded and legally described by the words "HEREBY VACATED" on the plat hereto attached as EXHIBIT B, which plat for greater clarity, is hereby made a part ofthis 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 and AT&T/SBC, 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 and/or AT&T/SBC facilities. No construction, buildings, permanent structures or obstructions shall occur or be placed over the area herein vacated without express written release of easement by the involved utilities. Any future Developer-prompted relocation of facilities lying within the area herein vacated will be accomplished by the involved utility, and be done at the expense of the Developer, 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    abuttina    said    Dart    of    Dublic    alley    hereby  . vacated    the sum

                     Jwo Hundred Seventy Thousand dollars ($ 270,000.00 ),

which sum in 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 ofthis 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 ofthis ordinance, together with the associated full-sized plats as approved by the Superintendent of Maps and Plats.

 

 

 

SECTION 5. This ordinance shall take effect and be in force from and after its passage and publication. The vacation shall take effect and be in force from and after recording of the approved ordinance and plat.

 

 

Page 2

 

 

Vacation Approved:

Thomas Carney Acting Commissioner Department of Transportatij

 

Approved as to Form and Legality

 

Arthur Dolinsky Senior Counsel Department of Law

 

Introduced By:

 

Horrorable Carpios Alderman, 35th Ward

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 3

 

 

bit f\

 

 

 

CONSENT TO VACATION (attach proof of owBtrtblp-tftle, d«d etc.) Tie undersigned, re^i«senU thai he/she is tbe (check one)

                     owner

                      beneficiary —<s.

X    tbe duly authorized agent of toe^wnej)' beneficiary (CIRCLE ONB) described below:

Norwegian Lutheran Memorial
Name of owner / beneficiary;     . Church. Minnekirker:
                     

Nam* of company (if applicable): Beverly Covyeau,  Council President

2614 N. Kedzie Avenue Mailing Address:        Chicago,  Illinois   zip: 50647

Telephone number:                     (   773 ) 704-4704                     

If agent's address is different from the owner /beneficiary, complete the -/sllovricg;

Name of company:                      tel:f                      

Mailing Address:                     zip:                     

Property for which consent is being given (insert common street address(os)):
2614 N. Kedzie Avenue, Chicago,  Illinois 63647
                     

with the 'Permanent uidcxNumber(s):      (PIN#)     1 3-26-41 5-026-OOCC                     

(PIN tf)                     

(PrN<Q_

As the owner / beneficiary / duty authorised agent of ^le property described above, I give consent to the vacation of the public right-of-way described as: I

TO BE PROVIDED BY THE VACATION APPLICANT- (Imert common longuige description cl'vuaticr):                     

The public alley next south of North Milwaukee Avenue in the block bounded by North Milwaukee Avenue; North Kedzie Avenue; and North Sawyer Avenue

Tbe undersigned agrees to hold harmless and waive all claims for damages or coDiponstfion agitmst jie City of Chicago, arising from such vaoation:

Norwegian Lutheran Memoria
signed
                     date/                                          printed Church , Minnekirken

simtJ^^f^-eJ^L {^juC\Uf/i}mt Wzvjitf printed Beverly Ccyyeau
Notary PuhHS/.  Q •
                     I   j                     Council President

atemd                     T^OT   date 7/^ J Printedfoyiffe^ fj

PJN'j are 14 digit numberi lhat usually t^cejthe form of 12-34-567-890-0000. The PIN Is a unique immbtr tQt-.za property and can be found on properry tax bills relating to the specific property.

 

I

 

"OFFICIAL SEAL"

y CONNrENG

Notary PuWte. State of Mnoto My Camkuian EipUt 6/1/2021

 

EXHIBIT "B"

PLAT OF VACATION

THAT PART OF THE PUBLIC ALLEY CARRIAGE TURNAROUND IN BLOCK 3 IN HrTT, RUNYAN AND ARCHER SUBDIVISION, RECORDED MARCH 10, 1873 PER DOCUMENT NUMBER 8842, IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 40 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH MOST SOUTHWEST CORNER OF LOT 4 IN BLOCK 3, IN HITT, RUNYAN AND ARCHER SUBDIVISION AFORESAID (ALSO BEING ON THE NORTH LINE OF LOT 1 IN HIMES 8, FRANK'S RESUBDIVISION RECORDEO JULY 3, 1894 AS OOCUMENT NUMBER 2068363); THENCE SOUTH 88 DEGREES 42 MINUTES 24 SECONDS WEST ALONG THE SAID NORTH LINE OF LOT 1 ALSO BEING THE SOUTH LINE OF AN EAST-WEST 16 FOOT WIDE PUBLIC ALLEY, 43.59 FEET; THENCE NORTH 01 DEGREES 17 MINUTES 36 SECONDS WEST 53.55 FEET; THENCE NORTH 38 DEGREES 49 MINUTES 39 SECONDS EAST 8.00 FEET TO THE SOUTHWEST CORNER OF LOT 6 IN HITT, RUNYAN AND ARCHER SUBDIVISION AFORESAID (ALSO ON THE NORTHEASTERLY LINE OF A NORTHWESTERLY-SOUTHEASTERLY 16 WIDE PUBLIC ALLEY); THENCE SOUTH SI DEGREES 10 MINUTES 21 SECONDS EAST ALONG THE SOUTHWESTERLY LINE OF LOTS 5 AND 6 IN HITT, RUNYAN AND ARCHER SUBDIVISION AFORESAID ALSO BEING THE NORTHEAST LINE OF SAID PUBLIC ALLEY, 50.03 FEET TO THE SOUTH MOST CORNER OF SAID LOT 5; THENCE SOUTH 01 DEGREE 39 MINUTES 55 SECONDS EAST ALONG THE EAST LINE OF SAID PUBLIC ALLEY BEING ALSO THE WEST LINE OF SAID LOT 4 A DISTANCE OF 27.43 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS, SAID ABOVE DESCRIBED PARCEL CONTAINING 1,960 SQUARE FEET OR 0.05 ACRES, MORE OR LESS.

 

LOGAN SQUARE

W. WRIGHTWOOD AVENUE

(RECORD 66 FT. PUBLIC R.OW.)

REVISED NOVEMBER 26, 2019 PER ORDER #2019-27431 REVISED NOVEMBER 25. 2019 PER ORDER #2019-27431 REVISED SEPTEMBER 3. 2019 PER ORDER #2019-27121 REVISED AUGUST 28, 2019 PER ORDER #2019-27110 REVISED JUNE 10, 2019

T

REVISED FEBRUARY 6, 2019 PER ORDER #2019-2639

ORDERED SI   16 DEVELOPMENT iRXt

ADOKSS      li-liN HILWiUKEE AVENUE

GREMLEY & BIEDERMANN

PAGE NO,

1of2

2018-25536-001

UOi ham Eitiw akm. Cnc*u. IL ma Ttumoe (771) M1-SI0Z Ehu IKFOWLCS-Suwr co-

DATE.

i JLH: It. ;0H

scaLT

a\CAC\201i\J01^JlM1\JOTB-25SJ«-rjCn «ag

CDOT# 26-35-18-3873

 

 

 

 

 

 

 

 

 

GRAPHIC SCALE

 

 

(IN FEET) r = B0'

 

EXHIBIT "B"

PLAT OF VACATION

 

 

CONCRETE HATCH

GRAPHIC SCALE

HEREBY VACATED

 

RECORD LINES UNDERLYING LOTS BOUNDARY LINES AERIAL WIRES FENCE LINES RECORD MEASURED INDICATES CORNER * TO BE SET ON GROUND

 

 

 

 

 

 

 

CHICAGO DEPARTMENT OF FINANCE

 

COOK COUNTY

CHICAGO DEPARTMENT OF TRANSPORTATION

PREPARED FOR & MAIL TO,

PINS"

13-26-415-009 LOTS 5 & 6 HITT. RUNYAN & ARCHER SUB 13-26-415-030 LOT 4 HITT, RUNYAN & ARCHER SUB 13-26-415-026 LOT 1 HIMES & FRANK'S RESUB

7 SURVEYOR'S NOTES:

Field measurements completed on MAY 17. 2018

MRC 2618 MILWAUKEE, LLC 2234 W NORTH AVENUE CHICAGO IL. 60647

ZONING

B3-2 COMMUNITY SHOPPING DISTRICT REVISED NOVEMBER 26. 2019 PER ORDER #2019-27431 B3-3 COMMUNITY SHOPPING DISTRICT

REVISED NOVEMBER 25. 2019 PER ORDER #2019-27431 RS-3 RESIDENTIAL SINGLE-UNIT (DETACHED HOUSE) DISTRICT REVISED SEPTEMBER 3, 2019 PER ORDER #2019-27121 REVISED AUGUST 28, 2019 PER ORDER #2019-27110

REVISED JUNE 10, 2019

REVISED FEBRUARY 6, 2019 PER ORDER #2019-26396

16 H MILWAUKEE MEftE

SURVEYOR'S LICENSE EXPIRES NOVEMBER 30. 2020 Note R & M denotes Record and Measured distances respectively

LC DEVELOPMENT GHOUP

GREMLEY & BIEDERMANN

PLCS. COHPHATION UDum IK-KSU2

UU Harm Elite* titu, Cnu», IL e-MJO TEiimnc [773} 415-Sli; Etuui. mFOtflCS-Sjrrti ecu

Distances are marked in feet and decimal parts thereof Compare all points BEFORE building by same and at once report any differences BEFORE damage is done

HATE.

RAGE NO

2 2

2018-25536-001

For easements, building lines and other restrictions not shown on survey plat refer to your abstract, deed, contract, title policy and local building line regulations

& \P*\?Ot1\201§- 25M1\M1 B-aS&U-OOI.feg

CDOT# 26-35-18-3873

NO dimensions shall be assumed by scale measurement upon this plat

Unless otherwise noted hereon the Bearing Basis, Elevation Datum and Coordinate Datum if used is ASSUMED

COPYRIGHT GREMLEY & BIEDERMANN, INC 2019 "All Rights Reserved"

 

 

 

State of Illinois) County of Cook)ss

We, GREMLEY & BIEDERMANN. INC hereby certify lhat we have surveyed the above described property and tha' lhe plat hereon drawn 15 a correct representation of tald survey corrected to a temperature of 62' Fahrenheit.   - ^tpf"^^*1^^^

Field measurements completed"onJ Signedon2^alZor

Professional Illinois Land Surveyor I My license expires November 30, 2 This professional service conforms to the current liinois minimum standards for a boundary survey

 

Chicago Department of Transportation

CITY OF CHICAGO

11/26/19

 

Mr. Mark A. Flessner Corporation Counsel Room 600 - City Hall Chicago, IL 60602-1289

 

Attention: Ms. Lisa Misher Deputy Corporation Counsel

 

Re: Proposed Vacation for Grace-Logan Square LLC Commercial File: 26-35-18-3873

 

Dear Mr. Flessner:

 

Pursuant to a request from Ms. Grace Martinez, we are transmitting herewith for your review and approval as to form and legality an original and three (3) copies of a proposed vacation a portion of the carriage turn around (intersection of alleys) in the block bounded by N. Milwaukee Avenue, N. Sawyer Avenue, and N. Kedzie Avenue. This property is located in the 35th Ward.

 

Grace-Logan LLC and Norwegian Lutheran Memorial Church are the owners of record to the property adjoining the portion of the public alley to be vacated. Norwegian Lutheran has consented to the vacation for Grace-Logan. The people to contact in connection with this proposed ordinance are attorney Michael Ezgur at 312-617-8900 and Ms. Grace Martinez at 773-520-2344.

 

Section 2 reserves an easement for Corned and AT&T/SBC for existing facilities. All other underground utility agencies are either not involved or have made suitable arrangements. Section 3 of the ordinance requires compensation to the City for the land being conveyed. Sections 4 and 5 are standard language regarding the ordinance.

 

 

 

 

Originated by:

 

Kevin O'Malley Deputy Commissioner

 

TC: KOM: WH: RD cc:     Alderman Ramirez-Rosa Alderman Brookins

s & Plats (2) file copi

30 NORTH LASALLE

Sandra Foreman/w Attach. Dwg.-s.f. & Ord.(3) file copies

STREET, SUITE 1100, CHICAGO, ILLINOIS 60602

 

HOWARD B. BROOKINS, JR. ALDERMAN, 21ST WARD

9011 SOUTH ASHLAND AVE. SUITE B CHICAGO, ILLINOIS 60620 PHONE: 773-881-9300 FAX: 773-881-2152

COMMITTEE MEMBERSHIPS TRANSPORTATION AND PUBLIC WAY (CHAIRMAN)

AVIATION

BUDGET & GOVERNMENT OPERATIONS

 

CITY OF CHICAGO CITY COUNCIL

ECONOMIC, CAPITAL & TECHNOLOGY DEVELOPMENT

FINANCE

 

COMMITTEES AND RULES

WORKFORCE DEVELOPMENT & AUDIT

COUNCIL CHAMBER CITY HALL ROOM 305

121 NORTH LASALLE STREET CHICAGO, ILLINOIS 60602

PHONE: 312-744-4810 FAX: 312-744-7738

 

 

 

February 19, 2020

 

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 GRACE-LOGAN SQUARE, LLC - 02019-9422 A proposed vacation of a portion of the carriage turnaround (intersection of alleys) in the block bounded by North Milwaukee Avenue, North Sawyer Avenue, and North P'.edzie Avenue.  This ordinance was referred to Committee on December 18, 2019.

 

This recommendation was concurred unanimously by viva voce vote of the members   of   the   Committee  with   no   dissenting vote.

 

(Ward 35)

Howard Brookins, Jr., Chairman

 

 

 

Respectfully submitted,