ORDINANCE FOR RELEASE OF USE RESTRICTION COVENANT
WHEREAS, on September 13, 2006, the City Council of the City of Chicago ("City Council") passed a certain ordinance (C.J. pp.84835-84838) (referred to herein as the "Vacation . Ordinance"), which ordinance provided for an industrial program ("Industrial Program") street vacation ("Vacation") of all of N. Talman Avenue between the south right of way line of W. Fulton Street and the north right of way line of W. Lake Street ("Subject Property"); and
WHEREAS, the Vacation Ordinance provided that the Vacation of the Subject Property was conditioned upon the recording of a restrictive use covenant running with the land ("Restrictive Use Covenant"), that required 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 facilitieSi storage, employee and customer parking, and other similar uses and facilities"; and
WHEREAS, the Restrictive Use Covenant was recorded on January 18, 2007 with the Office of the Cook County Recorder of Deeds as Document Number 0701815119, and is attached hereto as Exhibit A: and
WHEREAS, the Vacation Ordinance was recorded on January 18, 2007 with the Office of the Cook County Recorder of Deeds as Document No. 0701815118, and is attached hereto as Exhibit B: and
WHEREAS, Section 6 of the Vacation Ordinance sets forth that the Restrictive Use Covenant "may be released or abandoned by the City only upon approval of the City Council which may condition its approval upon the payment of such additional compensation which it deems to be equal to the benefits accruing because of the vacation of the public way with restrictions on its use"; and
WHEREAS, RDS Properties, LLC, an Illinois limited liability company ("Developer"), is the current beneficial titleholder of the vacated Subject Project, which is subject to the Restrictive Use Covenant; and
WHEREAS, the Developer intends to continue to use the land for a driveway but has requested a release of the Restrictive Use Covenant; and
WHEREAS, the City, upon due investigation and consideration, has determined that the public interest now warrants a release of the Restrictive Use Covenant reserved in Section 6 of the Vacation Ordinance for the payment of such additional compensation which it deems to be equal to the benefits accruing to the Developer because of the release of the Restrictive Use Covenant; now, therefore,
Be It Ordained by the City Council of the City of Chicago:
SECTION 1. The recitals above are incorporated herein.
SECTION 2. The release of the Restrictive Use Covenant, in its entirety, appearing in Section 6 of the Vacation Ordinance is hereby approved upon the express condition that within one hundred eighty.(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
Developer the amount of ($ ), which sum in the judgment of this
body will be equal to such benefits.
SECTION 3. The release of the Restrictive Use Covenant 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 in the Office of the Recorder of Deeds of Cook County, Illinois, a certified copy of this ordinance,
SECTION 4. The Commissioner of the Department of Transportation is hereby authorized to execute, subject to the approval of the Corporation Counsel, a Release of Restrictive Use Covenant, in substantially the form attached as Exhibit C. and such other supporting documents as may be necessary or appropriate to carry out and comply with the provisions of the Release of Restrictive Use Covenant, with such changes, deletions and insertions as shall be approved by the persons executing the Release of Restrictive Use Covenant.
SECTION 5. 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 this ordinance.
SECTION 6. This ordinance shall take effect upon its passage and approval.
Release of Restrictive Use Covenant Approved:
Gia Biagi Commissioner Department of TraffsportattSff
Approved as to Form and Legality
QAl$Ltf
Arthur Dolinsky Senior Counsel
Introduced By:
TOnorablenfvaTter Burnett Alderman, 27th Ward
EXHIBIT A
January 18, 2007 Recorded Restrictive Use Covenant (Attached)
Doc#: 0701816119 F«e: $66.00 Eugene "Gene" Moore RH8P Fee:$l0.00 Cook County Recorder of Deeds Date: 01/18/2007 02:43 PM Pg: 1of17
RESTRICTIVE COVENANT
WHEREAS, RDS Properties, L.L.C., ("Owner"), holds legal title to certain parcels of real property ("Abutting Property") which are located at 2615 to 2625 West Fulton Street, 2635 to 2659 West Fulton Street, 2614 to 2624 West Lake Street, 2634 to 2658 West Lake Street, 200 to 270 North Talman Avenue and 201 to 271 North Talman Avenue in the County of Cook, State of Illinois, and which are currently used for the 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, on September 13, 2006, the City Council ofthe City of Chicago approved an ordinance, a copy of which is attached as Exhibit A and which is hereby incorporated ("Ordinance") which Ordinance provided for North Talman Avenue lying between the south line of West Fulton Street and the north line of West Lake Street thereafter referred to as "Subject Premises"), the Subject Premises being more particularly described in Exhibit A which is attached and incorporated; and
|1010|
0701815119 Page: 2 of 17
• i>
WHEREAS, the vacation provided in the Ordinance is conditioned upon the execution and recording by the Owner of a restrictive covenant running with the land that provides that the Subject Premises shall 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;
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PASSAGE AND APPROVAL OF THE VACATION ORDINANCE AND THE VESTING OF TITLE IN THE Owner, WITHOUT THE REQUIREMENT THAT THE Owner PAY COMPENSATION TO THE CITY, THE Owner DOES HEREBY AGREE WITH AND COVENANT TO THE CITY OF CHICAGO AS FOLLOWS:
USE. The Owner hereby covenant to the City of Chicago that the above-described Subject Premises shall not be used for any use or purpose other than those which are set forth in Exhibit B, which is attached and incorporated, and for those uses and purposes which are accessory to such activities, including, but not limited to, the location of necessary and appropriate offices and facilities, storage, employee and customer parking and other similar uses and facilities. The consideration for such covenant, which is deemed and agreed to be valuable and sufficient, is the vacation by the City of Chicago of the Subject Premises for the benefit of Owner without the requirement that the Owner pay compensation to the City.
COVENANT TO RUN WITH THE LAND AND TERM THEREOF. The burdens of the covenant herein contained shall run with the Subject Premises. The benefits of
|1010|
0701815119 Page: 3 of 17
such covenant shall be deemed in gross to the City of Chicago, its successors and assigns. The covenant shall be binding on the Owner, its successors and assigns, and shall be enforceable by the City, its successors and assigns. The covenant may be released or abandoned only upon approval ofthe City Council of the City of Chicago which may condition its approval upon the payment of such additional compensation by the Owner or any persons claiming under the Owner, which said City Council of the City of Chicago deems to be equal to the benefits accruing because of the release or abandonment of the covenant. 3. VIOLATION OF RESTRICTIONS.
(a) Reversion. In the event that the Owner causes or permits a violation of a restriction contained herein, the City of Chicago may serve the Owner with a written notice entitled NOTICE OF VIOLATION setting forth the violations. Such notice shall be sent to Owner at 221 North Washtenaw, Chicago, Illinois 60612. Within thirty (30) days of receipt of said Notice of Violation, Owner shall cause the correction of or cure the violations set forth therein. In the event that Owner shall fail or refuse to cause the correction of or cure such violations within the period of thirty (30) days, the City of Chicago may then record with the Cook County Recorder of Deeds a copy of the Notice of Violation, proof of service of the Notice of Violation and a Notice of Reversion. Upon the recording of the aforementioned documents by the City of Chicago, the Subject Premises shall be deemed to be conveyed by Owner to the City of Chicago. In the event that the City does not exercise its right of reversion as stated in this Section 3(a) within twenty (20) years from the date of execution and recording of this Covenant, then
0701815119 Page: 4 of 17
the provisions of this Section 3(a) shall be deemed null and void.
(b) Enforcement. In addition to the foregoing, this Covenant shall be enforceable by all remedies available in law or in equity, including injunctive relief. IN WITNESS WHEREOF, the Owner has caused this Covenant to be duly executed and attested to this day of A*e#Aer-, 2006.
RDS Properti^L.L.C / P^-K*.
Its: Branko Vardijan, President
ATTEST:
Its: Anton Vardijan. Vice President
ACCEPTED:
APPROVED AS TO FORM AND LEGALITY:
Commissioner of Transportation
0 AS TO FORM A Assistant Corporation Counsel
|1010|0701815119 Page: 5 of 17
OEC-05-5006 09:16 FROM:LOW DEPT 31ST<»205T7 T0:+131?T^WT7A7 P-5'5
Nw-IMI 0l:«0pm Fron-CBOT AOMIHIJTRATION *J«T2m774T T-AS4 P 0lA>a F-<«
provisions ofthis Section 3(a) shall » .kerned «ull and void.
BS WITNESS WHEREOF, uk Own* caused this Cov««nt to b. duly executed and aoesWd ro this ^ ^ of 2006.
RDS
By:
Tt„._ a^ft vardijan. President.
ATTEST:
Ttt ftrrftn tin. Wa> prp3ident-
ACCEPTEP:
F0«M AND L£fl>
Commissioner of Tranapottttian
Axtv^JrA K-aOM AND LEGALITY:
AssiSiam Corporation Counsel /
|1010|
NOU-30-2006 12 s36PM FFDO +131E744774T
0701815119 Page: 6 of 17
STATE OF ILLINOIS )
)SS
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that Branko Vardijan , personally known to me to
be the President of the RDS Properties, L.L.C, who is personally known
to me to be the same person whose name is subscribed to the foregoing instrument, appeared
before me this day in person and acknowledged that as such President
he/she signed and delivered the said instrument, for the uses and purposes
therein set forth.
GIVEN under my hand and notarial seal this Zl^day of /VOt/ 2006
Notary Public
My commission expires
Prepared by and when recorded, return to:
Ellen McCormack
Assistant Corporation Counsel
121 North LaSalle Street
Room 600, City Hall
Chicago, Illinois 60602
312/744-6933
701815119 Page: 7 of 17
EXHIBIT A - VACATION ORDINANCE
|1010|
No. P.I.N, applicable - document affects newly vacated public way
0701815119 Page: 8 of 17 EXHIBIT "A"
9/13/2006 REPORTS OF COMMITTEES 84833
• Yeas - Aldermen Halthcock, Tillman. Preckwlnkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olrvo, Burke, T. Thomas, Coleman, L. Thomas, Murphy, Rugal, Troutman, Brookins, Munoz, Zalewski, Chandler, Soils. Ocaslo, Burnett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin, Colon, Banks, Mitts, Allen, Laurlno, O'Connor, Doherty, Natarus. Daley, Tunney. Levar, Shiller, Schulter, M. Smith, Moore, Stone — 49.
Nays - None.
Alderman Natarus moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed:
Be It Ordained by the City Council of the City of Chicago:
SECTION 1. The ordinance passed by the City Council of the City of Chicago for Vivo Restaurant on April 26, 2006, and printed upon page 75787 ofthe Journal of the Proceeding of the City Council of the City of Chicago Is hereby amended by adding the words: "sidewalk cafe area Number 2 shall be forty-four (44) feet in length and four (4) feet in width for a total of one hundred seventy-six (176) square feet. Additional Compensation: $29.20/Seatlng: 6."
SECTION 2. This ordinance amendment shall be in effect upon its passage.
VACATION OF NORTH TALMAN AVENUE BETWEEN WEST FULTON STREET AND WEST LAKE STREET.
The Committee on Transportation and Public Way submitted the following report:
CHICAGO, September 11, 2006.
To the President and Members of lhe City Council:
Your Committee on Transportation and Public Way begs leave to report and recommend that Your Honorable Body Pass an ordinance for the vacation of North Talman Avenue lying between the south line of West Fulton Street and the north line of West Lake Street. This ordinance was referred to the Committee on July 26, 2006.
0701815119 Page: 9 of 17
84834 JOURNAL--CrTY COUNCIL—CHICAGO 9/13/200*
This recommendation was concurred in unanimously by a viva voce vote of the members of the Committee, with no dissenting vote.
Respectfully submitted.
(Signed) THOMAS R. ALLEN.
Chairman.
On motion of Alderman Alien, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows:
Yeas - Aldermen Haithcock, Tillman, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer. Cardenas, Ollvo, Burke, T. Thomas, Coleman. L. Thomas, Murphy. Rugai, Troutman, Brookins, Munoz, Zalewskl, Chandler. Soils. Ocasio, Burnett, E. Smith. Carothers, Reboyras, Suarez, Matlak, Mell, Austin. ColOn, Banks, Mitts, Allen, Laurino, O'Connor, Doherry, Natarus, Daley. Tunney, Levar, Shiller, Schulter. M. Smith, Moore, Stone 49.
Nays -- None.
Alderman Natarus moved to reconsider the foregoing vote. The motion was lost
The following is said ordinance as passed:
WHEREAS, The City of Chicago ("City") is a home rule unit of local government pursuant to Article VH, Section 6(a) ofthe 1970 Constitution ofthe State of Illinois and. as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, The City has experienced a significant loss of industry and Jobs in recent years, accompanied by a corresponding erosion of its tax base, due in part to industrial firms' inability to acquire additional property needed for their continued viability and growth; and
WHEREAS, Many firms adjoin streets and alleys that are no longer required for public use and might more productively be used for plant expansion and modernization, employee parking, improved security, truck loading areas, or other industrial uses; and
WHEREAS, The City would benefit from the vacation of these streets and alleys by reducing City expenditures on maintenance, repair and replacement; by reducing fly-dumping, vandalism and other criminal activity; and by expanding the City's property tax base; and
0701815119 Page: 10 of
REPORTS OF COMMITTEES
IwHEREAS, The City can strengthen established industrial areas and expand the r*s job base by encouraging the growth and modernization of existing Industrial ities through the vacation of public streets and alleys for reduced compensation;
DREAS, The properties at 2615 to 2625West Fulton Street, 2635 to2659West ifpjn Street, 2614 to 2624 West Lake Street 2634 to 2658 West Lake Street 200 $70 North Talman Avenue and 201 to 271 North Talman Avenue are owned by JS Properties, L.L.C., a firm employing eighty-five (85) full time and two (2) part-Individuals in the operation of a construction and demolition recycling and ^ fer process; and
tWHEREAS, RDS Properties, L.L.C. proposes to use the portion ofthe street to be ited herein for construction ofa concrete transit mix batch plant and additional ijjtfant security by limiting access to the property and other such uses which are ^reasonably necessary therefor, and
^WHEREAS, The City Council of the City of Chicago, after due Investigation and ihsideration, has determined that the nature and extent ofthe public use and the jiblic interest to be subserved is such as to warrant the vacation of the part of |j^|ubnc street described in the following ordinance; now, therefore,
.Be It Onlained by the City Council, of ihe City of Chicago:
-. it.--*
a' SECTION 1. All that part of North Talman Avenue, lying west of the west line of £ Lots 1 and 2 ln Sullivan Resubdivision of part of the southeast quarter of Section IV 12, Township 39 North, Range 13. East of the Third Principal Meridian, in Cook "ii County Illinois, tying east of the east line of Lot 1 and the east line of Lots 33 to 53, both inclusive, all in Block 6 in Davis Addition to Chicago, being the east 15/16 of , the south half of the north half of the southeast quarter of Section 12, Township 39 \l North, Range 13, East ofthe Third Principal Meridian, ln Cook County Illinois, lying -east of the east line of the vacated east/west 15 foot public alley vacated by I ordinance approved August 30.1962 and recorded December 14,1962 in the Office ofthe Recorder of Deeds of Cook Counry. Illinois, as Document Number 18674007, said east line ofthe vacated east/west 15 foot public alley being described as a line drawn from the southeast corner of Lot 1 ln Block 6 in Davis Addition to Chicago aforesaid to the northeast corner of Lot 53 ln Block 6 in Davis Addition to Chicago aforesaid, lying south ofa line drawn from the northwest corner of Lot 1 in Sullivan Resubdivision aforesaid to the northeast comer of Lot 1 in Block 6 in Davis Addition to Chicago aforesaid and lying north of the north line of that part of North Talman Avenue, as opened by Order of Possession, General Order Number 79051, entered of record on August 30, 1886, and recorded July 5. 1887 in the Office of the Recorder of Deeds of Cook Counry. Illinois as Document Number 847471, said north line of the last cited Order of Possession being described as the north line of Lots 4, 5 and 6 in Mary Smith's Subdivision of Lot 3 ofthe Circuit Court Partition ofthe south half of the southeast quarter of Section 12 aforesaid.
0701815119 Page: 11 of 17
84836 JOURNAL-Crry COUNCIL-CHICAGO 9/13/2
Also,
that part of North Talman Avenue, as opened by Order of Possession, General Order Number 79051, entered of record on August 30, 1886, and recorded Jury 5, 1887 in the Office of the Recorder of Deeds of Cook Counry. Illinois as Document' Number 847471. being described as Lot 4 (except the east 7.42 feet of Lot 4), all of Lot 5 and Lot 6 (except the west 1.58 feet of Lot 6) and lying between the north and south lines of Lots 4, 5 and 6 in Mary Smith's Subdivision of Lot 3 of the Circuit Court Partition of the south half of the southeast quarter of Section 12 Township 39 North, Range 13, East of the Third Principal Meridian, in Cook County Illinois, said part of public street being further described as North Talman Avenue lying between the south line of West Fulton Street and the north line of West Lake Street as shaded and indicated by the words To Be Vacated" on the drawing hereto attached, which drawing for greater certainty, 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 that part ofthe public street as herein vacated, as a right-of-way for an existing water main and appurtenances thereto, and for the installation of any additional water mains or other munlcipatty-owned service facilities now located or which in the future may be located ln that part of the public street as herein vacated, and for the maintenance, renewal, and reconstruction of such facilities, with the right of Ingress and egress at all times upon reasonable notice. It is further provided that no buildings or other structures shall be erected on the said right-of-way herein reserved or other use made of said area, which in the Judgment ofthe municipal officials having control of the aforesaid service facilities would interfere with the use, maintenance, renewal, or reconstruction of said facilities, or the construction of additional municipally-owned service facilities.
SECTION 3. The vacation herein provided for is made upon the express condition that RDS Properties, L.L.C. shall agree to accept and maintain as private sewers all existing sewers and appurtenances thereto which are located ln that part of the public street as herein vacated.
SECTION 4. The City of Chicago hereby reserves for the benefit of Commonwealth Edison. SBC and Comcast, their successors or assigns, an easement to operate, maintain, construct, replace, and renew overhead poles, wires, and associated equipment and underground conduit, cables, and associated equipment for the transmission and distribution of electrical energy, telephonic and telecommunications and associated services under, over, and along that park of the street as herein vacated, with the right of Ingress and egress.
The City of Chicago hereby reserves for the benefit of The Peoples Gas Light and Coke Company an easement to operate, maintain, repair, renew and replace existing underground facilities in all of the "to be vacated" part of public street, with the
REPORTS OF COMMITTEES
right of ingress and egress at all times for any and all such purposes. It Is further provided that no buildings or other structures shall be erected on said easement herein reserved for The Peoples Gas Light and Coke Company or other use made of the said area which would Interfere with the construction, operation, maintenance, repair, removal or replacement of said faculties.
SECTION 5. The vacation herein provided for is made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, RDS Properties, L.L.C. shall deposit in the City Treasury ofthe City of Chicago a sum sufficient to defray the costs of removing paving and curb returns and constructing sidewalk and curb across the entrances to that part of North Talman Avenue hereby vacated similar to the sidewalk and curb along the south side of West Fulton Street and along the north side of West Lake Street. The precise amount of the sum so deposited shall be ascertained by the Office of Emergency Management and Communications — Traffic Management Authority, Permits Division after such investigation as is requisite.
SECTION 6. Ihe Commissioner of Transportation is hereby authorized to accept, subject to the approval of the Corporation Counsel as to form and legality, and on behalf of the City of Chicago, the benefits of a covenant or similar instrument restricting the use ofthe public way vacated by this ordinance to the 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 similar other uses and faculties. Such covenant shall be enforceable ln law or in equity and shall be deemed to provide for reconveyance of the property to the city upon substantial breach of the terms and conditions thereof. The benefits of such covenant shall be deemed in gross to the City of Chicago, its successors and assigns, and the burdens of such covenant shall run with and burden the public way vacated by this ordinance. The covenant may be released or abandoned by the City only upon approval ofthe City Council which may condition its approval upon the payment of such additional compensation which it deems to be equal to the benefits accruing because of the vacation of the public way with restrictions on Its use.
SECTION 7. The vacation herein provided for is made upon the express condition that within one hundred eighty (180) days after the passage ofthis ordinance, RDS Properties, L.L.C. shall file or cause to be filed for record in the Office of the Recorder of Deeds of Cook County, Illinois, a certified copy of this ordinance, together with a restrictive covenant complying with Section 6 of this ordinance, approved by the Corporation Counsel and an attached drawing approved by the Superintendent of Maps.
SECTION 8. This ordinance shall take effect and be in force from and after its passage.
[Drawing and legal description referred to in this ordinance printed on page 84838 of this Journal]
0701815119 Page: 13 of 17
JOURNAL—CITY COUNCIL-CHICAGO 9/13/2006
Ordinance associated with this drawing and legal description printed on pages 84835 through 84837 of this Journal
PartfonbyM. Wakernonatal.otft-eS. 61.14 AerssintwG % ottheSEJiolSec 12-39-13
¦B"
Davs Add toCMcaoo being •» E ot lhe 6 & ot m» NJJ ai ** 6.E/. Ol S«c 12-39-13 _
"C"
Mary SfnMYe Bob. of Lot 3 of mo Circuit Court Paflrton ol tw S. &oftr»S.E,KorSac. 12-30-13.
"D"
Ord. ta» Opertno N Talmon Av. S to Lake Si Passed Mar 2a 1881. Order o) Poeeession by Supanor Court Auo. 30.1 (MB Qanarsl No 70061.
Rae. July 27.1M7. Doc.# 047440
J L
"E"
Vacated by Ordnance Pawed June 3.1007
Bee. Jung 13.1907 Doc #4061411
'P
6u«r^ne«ub.cl part 0l»wS.E>l0t Sec 12-39-13.
Hoc. May S. 1909 Doc # 4370078
"G"
Vacated by Ord. Paasad Aug. 30.1002.
Rec Dec. 14.1902 Doc # 16674007
Ordnance amended Auo 22. 1083 piawoVig for roaouafcun tor VtB ajusanQ eewer *\ N. Washtenaw Av.
Dr. No. 12-27-05-2883
Note. Street Vacated under t» Industrial Street and A toy Vacation Program
* W. FULTON
J« I W | is t 2$ I 29|1010|
53
52
TPJ-"iaS-
14
TJ|1010|"F"
Loll
42
24
<
Z LLI
I 03 <
LU
O O LT.
34
33
10
12|1010|
49
i 5-t i ' r f • ¦ •
"F*
Lot 2
W. LAKE ST.
0701815119 Page: 14 of 17
EXHIBIT B - PERMITTED USES
Manufacturing, production, processing, assembly, fabricating, cleaning, servicing and repair of materials, goods or products, including but not limited to the following:
Food and Kindred Products
Tobacco Products
Apparel and Other Textile Products
Lumber and Wood Products
Furniture and Fixtures
Paper and Allied Products
Printed and Published Products
Chemicals and Allied Products
i. Petroleum and Coal Products
j. Rubber and Miscellaneous Plastics k. Leather and Leather Products 1. Stone, Clay and Glass Products m. Primary Metals n. Fabricated Metal Products o. Industrial Machinery and Equipment p. Electronic and Electric Equipment , q. Transportation Equipment r. Instruments and Related Products s. Scrap Metals
Transportation and wholesale trade, as distinguished from retail trade, of the materials, goods or products listed above.
Research and development of prototypes and processes related to the activities listed above.
H:RestrictiveCovenantRDSPropertiesL.L.C.
0701815119 Page: 15 of 17
Agreement in lieu of escrow Industrial Street Vacation Program
Re: Vacation of North Talman Avenue lying between the south line of West Fulton Street and the north line of West lake Street
With respect to the above referenced vacation, RDS Properties, L.L,C.,("Applicant"), through their duly authorized agents who have executed this Agreement below, hereby acknowledges receipt of the fully executed and accepted original of the Restrictive Covenant document, a copy of which is attached. In lieu of the requirement of entering into and paving the cost of an escrow agreement, the Applicant agrees as follows:
To record such original document with the Cook County Recorder of Deeds; and
To provide and pay for an endorsement to a policy of title insurance issued by a title insurance company acceptable to the City which policy shall name the City as an additional insured in an amount not less than TEN THOUSAND DOLLARS ($10,000.00) and shall insure that the Restrictive Covenant is a valid obligation running with the land subject only to encumbrances acceptable to the City; and
To deliver to the City evidence of compliance with this Agreement within thirty (30) days of date executed below.
In the event the Applicant fails or refuses to comply with this Agreement, the Applicant hereby agrees to cause the Subject Premises (as defined in the Restrictive Covenant) to be rededicated to the City of Chicago for public use.
AGREED:
The City of Chicago
H:RestrictiveCovenantRDSProperties,L.L.C.
0701815119 Page: 16 of 17
O0C-05-c*006 09:16 Ff?on:LOU DEPT
Nvr-30-06 0ii35pii Fron^OT ADMINISTRATION
X^rusment in Hen nf xoro^
Re: Vacation of North Talman Avenue lying between die south line of West Fulton Street and the north line of West lake Street
With respect to the above referenced vacation, RDS Propcrtta, LX.C.,(" Applicant"), through their duly authorized agents who have executed ihis Agreement below, hereby acknowledges receipt of Ac folly executed and accepted original of the Restrictive Covenant document, a copy of which ia attached. In lieu of the requirement of entering into and paying the cost of an escrow agreement, tbe Applicant agrees as. follows;
To record such original document whh the Cook Counry Recorder of Deeds; and
To provide and pay for an endorsement to a policy of title insurance issued by a tide insurance company acceptable to rhe City which policy shall name the City as an additional insured in an amount not less than TEN THOUSAND DOLLARS ($10,000.00) and shall insure mat the Restrictive Covenant is a valid obligation running with mc land subject only to encumbrances acceptable to the City; and
To deliver to the City evidence of compliance with this Agreement within thirty' (30^ days of date executed below.
*
In the event the Applicant foils or refuses to comply with this Agreement, the Applicant hereby agrees to cause the Subject Premises (as defined in the Restrictive Covenant) to be rededieated to the City of Chicago for public use.
AGREED:
NQU-30-S006 12s31PM
a
0701815119 Page: 17 of 17
32 W. Lake Street
33 W. Fulton Street Chicago, Illinois
PIN: 16-12-409-032-0000 16-12-409-044-0000 16-12-409-048-0000 16-12-409-051-0000 16-12-409-053-0000 16-12-410-001-0000
The following is said ordinance as passed:
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 City has experienced a significant loss of Industry and jobs ln recent years, accompanied by a corresponding erosion of its tax base, due ln part to Industrial firms' inability to acquire additional property needed for their continued viability and growth; and
WHEREAS, Many firms adjoin streets and alleys that are no longer required for public use and might more productively be used for plant expansion and modernization, employee parking, Improved security, truck loading areas, or other industrial uses; and
WHEREAS, The City would benefit from the vacation of these streets and alleys by reducing City expenditures on maintenance, repair and replacement; by reducing fly-dumping, vandalism and other criminal activity; and by expanding the City's property tax base; and
COPIES ^
0701815118 Page: 2 of 9 REPORTS OF COMMITTEES
WHEREAS, The Cily can strengthen established Industrial areas and expand the City's Job base by encouraging the growth and modernisation of existing Industrial faculties through the vacation of public streets and alleys for reduced compensation; and
WHEREAS, The properties at 2615 to 2625West Fulton Street, 2635 to2659West Fulton Street 2614 to 2624 West Lake Street, 2634 to 2658 West Lake Street, 200 to 270 North Talman Avenue and 201 to 271 North Talman Avenue are owned by RDS Properties, L.LC, a firm employing eighty-five (85) full time and two (2) part-time individuals ln the operation of a construction and demolition recycling and transfer process; and
WHEREAS, RDS Properties, L.L.C. proposes to use the portion ofthe street to be vacated herein for construction ofa concrete transit mix batch plant and additional plant security by limiting access to the property and other such uses which are reasonably necessary therefor; 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 the part of public street described in the following ordinance; now, therefore,
Be It Ordained by lhe City Council of ihe City of Chicago:
SECTION 1. All that part of North Talman Avenue, lying west of the west line of Lots 1 and 2 ln Sullivan Resubdivision of part ofthe southeast quarter of Section 12, Township 39 North, Range 13, East ofthe Third Principal Meridian, ln Cook County Illinois, lying east of the east line of Lot 1 and the east line of Lots 33 to 53, both inclusive, all in Block 6 ln Davis Addition to Chicago, being the east 15/16 of the south half of the north half of the southeast quarter of Section 12, Township 39 North, Range 13, Bast ofthe Third Principal Meridian, In Cook County Illinois, lying east of the east line of the vacated east/west 15 foot public alley vacated by ordinance approved August 30,1962 and recorded December 14,1962 in the Office ofthe Recorder of Deeds of Cook Counry, Illinois, as Document Number 18674007, said east line of the vacated east/west 15 foot public alley being described as a line drawn from the southeast corner of Lot 1 in Block 6 ln Davis Addition to Chicago aforesaid to the northeast corner of Lot 53 in Block 6 ln Davis Addition to Chicago aforesaid, lying south of a line drawn from the northwest corner of Lot 1 in Sullivan Resubdivision aforesaid to the northeast comer of Lot 1 ln Block 6 in Davis Addition to Chicago aforesaid and lying north of the north line of that part of North Talman Avenue, as opened by Order of Possession, General Order Number 79051, entered of record on August 30. 1886, and recorded Jury 5, 1887 in the Office of the Recorder of Deeds of Cook County, Illinois as Document Number 847471, said north line of the last cited Order of Possession being described as the north line of Lots 4, 5 and 6 ln Mary Smith's Subdivision of Lot 3 ofthe Circuit Court Partition of the south half of the southeast quarter of Section 12 aforesaid,
0701815118 Page: 3 of 9 JOURNAL-CITY COUNCIL-CHICAGO 9/13/2006
Also,
that part of North Talman Avenue, as opened by Order of Possession, General Order Number 79051, entered of record on August 30,1886, and recorded July 5,1887 ln the Office of the Recorder of Deeds of Cook Counry, Illinois as Document Number 847471, being described as Lot 4 (except the east 7.42 feet of Lot 4), all of Lot 5 and Lot 6 (except the west 1.58 feet of Lot 6) and lying between the north and south lines of Lots 4, 5 and 6 ln Mary Smith's Subdivision of Lot 3 of the Circuit Court Partition of the south half of the southeast quarter of Section 12 Township 39 North, Range 13, East of the Third Principal Meridian, in Cook County DJlnoiB, said part of public street being further described as North Talman Avenue lying between the south line of West Fulton Street and the north line of West Lake Street as shaded and indicated by the words "To Be Vacated" on the drawing hereto attached, which drawing for greater certainty, 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 that part of the public street as herein vacated, as a right-of-way for an existing water main and appurtenances thereto, and for the installation ofany additional water mains or other municipally-owned service facilities now located or which In the future may be located ln that part of the public street as herein vacated, and for the maintenance, renewal, and reconstruction of such facilities, with the right of ingress and egress at all times upon reasonable notice. It Is further provided that no buildings or other structures shall be erected on the said right-of-way herein reserved or other use made of said area, which in the judgment ofthe municipal officials having control of the aforesaid service facilities would interfere with the use, maintenance, renewal, or reconstruction of said facilities, or the construction of additional municipally-owned service faculties.
SECTION 3. The vacation herein provided for is made upon the express condition that RDS Properties, L.L.C. shall agree to accept and maintain as private sewers all existing sewers and appurtenances thereto which are located ln that part of the public street as herein vacated.
SECTION 4. The City of Chicago hereby reserves for the benefit of Commonwealth Edison, SBC and Comcast, their successors or assigns, an easement to operate, maintain, construct, replace, and renew overhead poles, wires, and associated equipment and underground conduit, cables, and associated equipment for the transmission and distribution of electrical energy, telephonic and telecommunications and associated services under, over, and along that park of the street as herein vacated,, with uie right of ingress and egress.
The City of Chicago hereby reserves for the benefit of The Peoples Gas Light and Coke Company an easement to operate. maintain, repair, renew and replace existing underground faculties In all of the "to be vacated" part of public street, with the
0701815118 Page: 4 of 9 REPORTS OF COMMITTEES
right of ingress and egress at all times for any and all such purposes. It is further provided that no buildings or other structures shall be erected on said easement herein reserved for The Peoples Gas Light and Coke Company or other use made of the said area which would interfere with the construction, operation, maintenance, repair, removal or replacement of said facilities.
SECTION 5. The vacation herein provided for is made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, RDS Properties. L.L.C. shall deposit in the City Treasury ofthe City of Chicago a sum sufficient to defray the costs of removing paving and curb returns and constructing sidewalk and curb across the entrances to that part of North Talman Avenue hereby vacated similar to the sidewalk and curb along the south side ofWest Fulton Street and along the north side of West Lake Street The precise amount of the sum so deposited shall be ascertained by the Office of Emergency Management and Communications — Traffic Management. Authority, Permits Division after such investigation as is requisite,
SECTION 6. The Coimnissloner of Transportation is hereby authorized to accept, subject to the approval ofthe Corporation Counsel as to form and legality, and on behalf of the City of Chicago, the benefits of a covenant or similar instrument restricting the use of the public way vacated by this ordinance to the 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 similar other uses and facilities. Such covenant shall be enforceable in law or ln equity and shall be deemed to provide for reconveyance of the property to the city upon substantial breach of the terms and conditions thereof. The benefits of such covenant shall be deemed in gross to the City of Chicago, its successors and assigns, and the burdens of such covenant shall run with and burden the public way vacated by this ordinance. The covenant may be released or abandoned by the City only upon approval of the City Council which may condition its approval upon the payment of such additional compensation which it deems to be equal to the benefits accruing because of the vacation of the public way with restrictions on its use,
SECTION 7. The vacation herein provided for is made upon the express condition that within one hundred eighty (180) days after the passage ofthis ordinance, RDS Properties, L.L.C. shall file or cause to be filed for record In the Office of the Recorder of Deeds of Cook County, Illinois, a certified copy of this ordinance, together with a restrictive covenant complying with Section 6 of this ordinance, approved by the Corporation Counsel and an attached drawing approved by the Superintendent of Maps.
SECTION 8. This ordinance shall take effect and be ln force from and after its passage.
[Drawing and legal description referred to ln this ordinance printed on page 84838 of this Journal.]
0701815118 Page: 5 of 9
JOURNAL-CrTY COUNCIL-CHICAGO
"fc?
m*dJ>
Ordinance associated with this drawing and legal description on pages 84835 through 84837 of this Journal
nag. June 13.1907. Doo.* 405H1 \/40U(try f&t 20O 7
"A"
PartttofM^M. W<*emun eta o( He 8 81.14 AoreoritioS % or«w8£.Ko(Sec. 12-39-13.
*B"
"G" O ,p OF Oi ^
VaeatBdbyOrt.Pa»sedAuo,30.ieea. "f» C/js
Roc Doc. 14,1063 Doc.# 13874007 |?/> i . « » fj~ ^
Davfc A*3. »> Cneapo being (he E. ¦»(» of Vw SJ4 ol tn N JJ of mo 6.e>ie»8ee. 12-39-13. _ "C"
OrdManoa amended Aug 22.1933 piowdiig far reaanwton r In N. Warfare* Av.
Mary Smm» Evb. dUASoltratClnUtCcunPiittMnertwB. Ji of We 6.E JJ of Sac. 12-39-13.
"D"
Ord. tar Openfnp. N. Tatman Av. S. to LaM 8t Paand Mar. 28. IBBl.OidarotPoaamian by Gupariof Court Aua. 30.1686 Qoneral No. 78051.
itee. Juy 27.1887. Doc # 047440
J
0701615118 Page: 6 of 9
Permit #701750312
Received Date: Jan 17,2007 10:10:14
RAVENSWOOD DISPOSAL SERVICE INC
221 NORTH WASHTENAW
CHICAGO, IL 60612 City of Chicago
Department of Transportation
BRANKO 773-638-7676 (312) 744-4652
ACTIVITY HOURS
See RESTRICTIONS for permitted hours
DATES Jan 17,2007 through Dec 31,2007
ACTIVITIES
Alley/Street Vacation:
An ordinance has been approved to Vacate the Street.
Office of Underground Coordination Number (OUC): 31327 Maps and Plats Project Number: 12-27-05-2883
Application (Case) Tracking Number: 05-002429
proposed street vacation for RDS properties LLC-27th Ward North Talman Av. from
West Lake Street to West Fulton Street
Restrictions:
A copy of the pennit must remain on-site for inspector's review.
Permit fees must be paid within 24 hours of the date of issuance. Failure to pay will result in the immediate cancellation ofthe pennit. Monthly billing accounts are not applicable.
RAVENSWOOD DISPOSAL SERVICE INC Permit # 701750312 Counter Page#: 1
5141348131
0701815118 Page: 7 of 9
ACTIVITY _ TRANSACTION AM_°H^1_ CAPS _
Alley/Street Vacation Fee for Activity $ 8,336.00 100-58-2705-4710
Total Fees: $ 8,336.00 Grand Total Fees: $ 8,336.00
EFFECTIVE DATES OF PERMIT
Current: Jan 17, 2007 through Dec 31,2007 (Input date: Jan 17, 2007 10:10:14 a.m.)
END OF PERMIT
RAVENSWOOD DISPOSAL SERVICE INC 5141348131
0701815118 Page: 8 of 9
32 W. Lake Street
33 VV. Fulton Street Chicago, Illinois
PIN: 16-12-409-032-0000 ~ 16-12-409-044-0000 — 16-12-409-048-0000 -16-12-409-051-0000 *~ 16-12-409-053-0000-16-12^10-001-0000 —
0701815118 Page. 9 of 9
STATE OF ILLINOIS ) )
COUNTY OF COOK )
I, EDMUND W. KANTOR Deputy City Clerk ofthe City of Chicago in the County
of Cook and State of Illinois, DO HEREBY CERTIFY that the annexed and foregoine is a true and
correct copy of that certain ordinance now on file in my office: Vacation of North Talman Avenue
between West Fulton Street and West Lake Street . -
I DO FURTHER CERTIFY that the said ordinance was passed by the City Council ofthe said City of Chicago on the thirteenth (13a) day of September. 2006. and deposited in my office on the thirteenth H day of September, 2006.
I DO FURTHER CERTIFY that the vote on the question ofthe passage of the said ordinance by the said City Council was taken by yeas and nays and recorded in the Journal of the Proceedings of the said City Council, and that the result of said vote so taken was as follows, to wit:
Yeas 42 Nays 0
I DO FURTHER CERTIFY that the said ordinance was delivered to the Mayor ofthe said City of Chicago after the passage thereof by the said City Council, without delay, by the Deputy City Clerk ofthe said City of Chicago, and that the said Mayor failed to return the said ordinance to the said City Council with his written objections thereto at the next regular meeting of the said City Council occurring not less than five (5) days after the passage of the said ordinance.
I DO FURTHER CERTIFY that the original, of which the foregoing is a true copy, is entrusted to my care for safe keeping, and that I am the lawful keeper of the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the City of Chicago aforesaid, at the said City, in the County and State aforesaid, this sixteenth (16lh) day of October, 2006.
[V.E.]
EXHIBIT C
FORM OF RELEASE OF RESTRICTIVE USE COVENANT (Attached)
RELEASE OF RESTRICTIVE USE COVENANT
(The Above Space For Recorder's Use Only)
CITY OF CHICAGO, an Illinois municipal corporation ("CITY"), pursuant to a September 13, 2006 ordinance ("Vacation Ordinance") which Ordinance was recorded on January 18, 2007,with the Office ofthe Cook County Recorder of Deeds as Document Number 0701815118, and is attached hereto as Exhibit A, and provided for an industrial program ("Industrial Program") street vacation ("Vacation") Of all of N. Talman Avenue between south right of way line of W. Fulton Street and the north right of way line of W. Lake Street ("Subject Property"), as legally described on Exhibit B attached hereto.
The Vacation Ordinance provided that the Vacation of the Subject Property was conditioned upon a restrictive use covenant running with the land ("Restrictive Use Covenant"), that required 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".
The Restrictive Use Covenant was recorded on January 18, 2007 with the Office of the Cook County Recorder of Deeds as Document Number 0701815119, and is attached hereto as Exhibit C.
Section 6 of the Vacation Ordinance sets forth that the Restrictive Use Covenant "may be released or abandoned by the City only upon approval of the City Council which may condition its approval upon the payment of such additional compensation which it deems to be equal to the benefits accruing because of the vacation of the public way with restrictions on its use."
The City, upon due investigation and consideration, has determined that the public interest now warrants a release of the Restrictive Use Covenant reserved in Section 6 of the Vacation Ordinance for the payment of such additional compensation which it deems to be equal to the benefits accruing to the Developer because of such release of the Restrictive Use Covenant.
The City hereby releases the Restrictive Use Covenant from the Subject Property, as legally described on Exhibit B. attached.
IN WITNESS WHEREOF, the City of Chicago has caused this instrument to be duly
executed in its name and behalf, by the Commissioner of the Department of Transportation, on
or as of the day of , 2020.
CITY OF CHICAGO,
an Illinois municipal corporation
Gia Biagi Commissioner
Department of Transportation
Approved as to form and legality:
Department of Law
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby certify that Ms. Gia Biagi personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that she signed, sealed and delivered as Commissioner, Department of Transportation, the said instrument as her free and voluntary act, and as the free and voluntary act of the City, for the uses and purposes therein set forth.
Given under my hand and official seal, this day of , 2020.
Notary Public
THIS INSTRUMENT WAS PREPARED BY: Arthur Dolinsky Senior Counsel
City of Chicago, Department of Law 121 N. LaSalle Street, Room 600 Chicago, Illinois 60601 312/744-8731
THIS TRANSFER IS EXEMPT PURSUANT TO THE PROVISIONS OF THE REAL ESTATE TRANSFER TAX ACT, 35 ILCS 200/31-45; AND SECTION 3-3 2-030B7(b) OF THE CHICAGO TRANSACTION TAX ORDINANCE.
EXHIBIT A
OF THE RELEASE OF RESTRICTIVE USE COVENANT
January 18, 2007 Recorded Vacation Ordinance (Attached)
The following Is said ordinance as passed:
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 City has experienced a significant loss of Industry and Jobs In recent years, accompanied by a corresponding erosion of its tax base, due ln part to Industrial firms' inability to acquire additional property needed for their continued viability and growth; and
WHEREAS, Many firms adjoin streets and alleys that are no longer required for public use and might more productively be used for plant expansion and modernization, employee parking, improved security, truck loading areas, or other industrial uses; and
WHEREAS, The City would benefit from the vacation of these streets and alleys by reducing City expenditures on maintenance, repair and replacement; by reducing fly-dumping, vandalism and other criminal activity; and by expanding the City's property tax base; and
COPIES & n
0701815118 Page: 2 of 9 REPORTS OF COMMITTEES
WHEREAS, The City can strengthen established Industrial areas and expand the City's Job base by encouraging tbe growth and modernization of existing Industrial faculties through the vacation of public streets and alleys for reduced compensation; and
WHEREAS. The properties at 2615 to 2625West Fulton Street 2635 to2659West Fulton Street 2614 to 2624 West Lake Street, 2634 to 2658 West Lake Street 200 to 270 North Talman Avenue and 201 to 271 North Talman Avenue are owned by RDS Properties, LLC, a firm employing eighty-five (85) full time and two (2) part-time individuals ln the operation ofa construction and demolition recycling and transfer process; and
WHEREAS, RDS Properties. LLC. proposes to use the portion ofthe street to be vacated herein for construction ofa concrete transit mix batch plant and additional plant security by limiting access to the property and other such uses which are reasonably necessary therefor; and
WHEREAS, The City Council of tbe 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 the part of public street described ln the following ordinance; now, therefore,
Be It Ordained by ihe City Council of the City of Chicago:
SECTION 1. All that part of North Talman Avenue, tying west of the west line of Lots 1 and 2 in Sullivan Resubdivision of part ofthe southeast quarter of Section 12, Township 39 North, Range 13, East of the Third Principal Meridian, ln Cook County Illinois, lying east of the east line of Lot 1 and the east line of Lots 33 to 53, both inclusive, all In Block 6 in Davis Addition to Chicago, being the east 15/16 of the south half of the north half of the southeast quarter of Section 12, Township 39 North, Range 13, East ofthe Third Principal Meridian, In Cook County Illinois, lying east of the east line of the vacated east/west 15 foot public alley vacated by ordinance approved August30,1962 and recorded December 14,1962 in the Office ofthe Recorder of Deeds of Cook County, Illinois, as Document Number 18674007, said east line of the vacated east/west 15 foot public alley being described as a line drawn from the southeast corner of Lot 1 In Block 6 ln Davis Addition to Chicago aforesaid to the northeast corner of Lot 53 In Block 6 In Davis Addition to Chicago aforesaid, lying south of a line drawn from the northwest comer of Lot 1 in Sullivan Resubdivision aforesaid to the northeast comer of Lot 1 In Block 6 in Davis Addition to Chicago aforesaid and lying north of the north line of that part of North Talman Avenue, as opened by Order of Possession, General Order Number 79051, entered of record on August 30, 1886, and recorded July 5, 1887 in the Office of the Recorder of Deeds of Cook County, Illinois as Document Number 847471, said north line of the last cited Order of Possession being described as the north line of Lots 4, 5 and 6 in Mary Smith's Subdivision of Lot 3 of the Circuit Court Partition of the south half of the southeast quarter of Section 12 aforesaid.
0701815118 Page: 3 of 9 JOlJRNAL--CrrY COUNCIL-CHICAGO 9/13/2006
Also,
that part of North Talman Avenue, as opened by Order of Possession, General Order Number 79051, entered of record on August 30,1886, and recorded Jury 5,1887 ln the Office of the Recorder of Deeds of Cook County. Illinois as Document Number 847471, being described as Lot 4 (except the east 7.42 feet of Lot 4), all of Lot 5 and Lot 6 (except the west 1.58 feet of Lot 6) and tying between the north and south lines of Lots 4, 5 and 6 ln Mary Smith's Subdivision of Lot 3 ofthe Circuit Court Partition of the south half of the southeast quarter of Section 12 Township 39 North, Range 13, Bast of the Third Principal Meridian, ln Cook County Illinois, said part of public street being further described as North Talman Avenue tying between the south line of West Fulton Street and the north line of West Lake Street as shaded and Indicated by the words To Be Vacated" on the drawing hereto attached, which drawing for greater certainty, 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 that part ofthe public street as herein vacated, as a right-of-way for an existing water main and appurtenances thereto, and for the installation ofany additional water mains or other municipally -owned service facilities now located or which In the future may be located ln that part of the public street as herein vacated, and for the maintenance, renewal, and reconstruction of such facilities, with the right of ingress and egress at all times upon reasonable notice. It Is further provided that no buildings or other structures shall be erected on the said right-of-way herein reserved or other use made of said area, which in the judgment ofthe municipal officials having control of the aforesaid service facilities would interfere with the use, maintenance, renewal, or reconstruction of said facilities, or the construction of additional munlcipaJJy-owned service facilities.
SECTION 3. The vacation herein provided for is made upon the express condition that RDS Properties, L.L.C. shall agree to accept and maintain as private sewers all existing sewers and appurtenances thereto which are located ln that part of the public street as herein vacated.
SECTION 4. The City of Chicago hereby reserves for the benefit of Commonwealth Edison, SBC and Comcast, their successors or assigns, an easement to operate, maintain, construct, replace, and renew overhead poles, wires, and associated equipment and underground conduit, cables, and associated equipment for the transmission and distribution of electrical energy, telephonic and telecommunications and associated services under, over, and along that park ofthe street as herein vacated, with the right of Ingress and egress.
The City of Chicago hereby reserves for the benefit of The Peoples Gas Light and Coke Company an easement to operate, maintain, repair, renew and replace existing underground facilities in all of the "to be vacated" part of public street, with the
0701815118 Page. 4 of 9 REPORTS OF COMMITTEES
right of ingress and egress at all times for any and all such purposes. It is further provided that no buildings or other structures shall be erected on said easement herein reserved for The Peoples Gas light and Coke Company or other use made of the said area which would interfere with the construction, operation, maintenance, repair, removal or replacement of said facilities.
SECTION 5. The vacation herein provided for is made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance. RDS Properties. L.L.C. shall deposit in the City Treasury of the City of Chicago a sum sufficient to defray the costs of removing paving and curb returns and constructing sidewalk and curb across the entrances to that part of North Talman Avenue hereby vacated similar to the sidewalk and curb along the south side ofWest Fulton Street and along the north side of West Lake Street. The precise amount of the sum so deposited shall be ascertained by the Office of Emergency Management and Communications — Traffic Management Authority, Permits Division after such investigation as is requisite.
SECTION 6. The Commissioner of Transportation is hereby authorized to accept subject to the approval ofthe Corporation Counsel as to form and legality, and on behalf of the City of Chicago, the benefits of a covenant or similar instrument restricting the use of the public way vacated by this ordinance to the 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 similar other uses and facilities. Such covenant shall be enforceable ln law or ln equity and shall be deemed to provide for reconveyance of the property to the dry upon substantial breach of the terms and conditions thereof. The benefits of such covenant shall be deemed ln gross to the City of Chicago, its successors and assigns, and the burdens of such covenant shall run with and burden the public way vacated by this ordinance. The covenant may be released or abandoned by the City only upon approval of the City Council which may condition its approval upon the payment of such additional compensation which it deems to be equal to the benefits accruing because of the vacation of the public way with restrictions on its use,
SECTION 7. The vacation herein provided for is made upon the express condition that within one hundred eighty (180) days after the passage ofthis ordinance, RDS Properties, L.L.C. shall file or cause to be filed for record in the Office of the Recorder of Deeds of Cook County, Illinois, a certified copy of this ordinance, together with a restrictive covenant complying with Section 6 of this ordinance, approved by the Corporation Counsel and an attached drawing approved by the Superintendent of Maps.
SECTION 8. This ordinance shall take effect and be in force from and after its passage.
[Drawing and legal description referred to ln this ordinance printed on page 84838 of this Journal]
0701815118 Page: 5 of 9
jouRNAL-crry council-Chicago
Ordinance associated with this drawing and legal description printed^, on pages 8483S through 84837 of this Journal. &
¦A"
P«t«onbyM. Wmwrnenwia o»»»S B1.14/>oros in»» 6 ft Of«na8£Jio(BK. 12-39-13.
"B"
Davis Ada. to crceapo beino lhe E. "Re ol tie SJJ of tie N JJ ol Vie
B.EXcl8ec. 12-39-13.
"C
MafySffWfeSub. ofLo«»"D"
OrO. tar Opening N. Tebnen Av. 8. (o U*e SL PMnetfMar. 28. 1681. On^olpBQMWlonby6upe)lot Court Aug. 30.1886 Qenerel No. 79091.
Rec. Jut/97,1887. 0oc.# 847440
« w|1010|J
FULTON
10
.11
5TI|1010|12
S3
"G'
13
82
Tiff"
14
SI
60
16
ie
49
17
48
-TE?
"E"
Vacettd by Ottfneme Pe*eed June ». 1807. A>0. June 13.1007.
"F" ^
OF
8ua»«f>neeuti.el penal »»8,E.)icl Sue. 12-39-iCl nee. Me/ S. 1808. Duu*eMJ0U•G" <>,,©.,
VeealedtvOtti.Psnaa Aug 30.1889. j«> ^
Bee Dec. 14,1863 Doc.# 18874007 Sf\ . _ . «.
Ortfnaroemomletf Aijg.22.1863proxttno,tormsarveUori»ff L ' V !?'
UN.
Dr. No. 12-27-05-2883
Note: BfreetVesetedunOartiolnifcnWal Street end Aley VeoeDon Rogrem.
53
ST. i
52
119
51
90
40
48
-T5T-
47
46
46
JB L {.
"A"
M
1-
10
12|1010|
z
IBM.
api Lot 2
W. LAKE ST.
UJ
O
&
£ 5 xr
4f ? U
^ S £ ? S S3
« I- _l £2 >
ecu S < UJ o—
z S; uj u
a o- •< 0 x s
> < I- u>
* uj f UJ
; o
— o o
0701815118 Page: 6 of 9
Permit #701750312
Received Date: Jan 17,2007 10:10:14
City of Chicago Department of Transportation (312) 74RAVENSWOOD DISPOSAL SERVICE INC 221 NORTH WASHTENAW CHICAGO, IL 60612
BRANKO 773-638-7676
ACTIVITY HOURS
See RESTRICTIONS for permitted hours
DATES Jan 17,2007 through Dec 31,2007
ACTIVITIES
Alley/Street Vacation:
An ordinance has been approved to Vacate the Street.
Office of Underground Coordination Number (OUC): 31327 Maps and Plats Project Number: 12-27-05-2883
Application (Case) Tracking Number: 05-002429
proposed street vacation for RDS properties LLC-27th Ward North Talman Av. from
West Lake Street to West Fulton Street
Restrictions:
A copy of the permit must remain on-site for inspector's review.
Permit fees must be paid within 24 hours of the date of issuance. Failure to pay will result in the immediate cancellation of the permit. Monthly billing accounts are not applicable.
RAVENSWOOD DISPOSAL SERVICE INC Permit # 701750312 Counter Page*: 1
5141348131
0701815118 Page: 7 of 9
ACTIVITY Alley/Street Vacation
TRANSACTION Fee for Activity
AMOUNT _ CAPS _ $ 8,336.00 100-58-2705-4710
Total Fees: $ 8,336.00
Grand Total Fees: $ 8-336.00
EFFECTIVE DATES OF PERMIT
Current: Jan 17, 2007 through Dec 31, 2007 (Input date: Jan 17, 2007 10:10:14 a.m.)
END OF PERMIT
RAVENSWOOD DISPOSAL SERVICE INC 5141348131
0701815118 Page: 8 of 9
PROPERTY ADDRESS: 2628-32 W. Lake Street
2629-33 W. Fulton Street Chicago, Illinois
PIN: 16-12-409-032-0000 ^ 16-12-409-044-0000 — 16-12-409-048-0000 " 16-12-409-051-0000 *""' 16-12-409-053-0000-16-12-410-001-0000 —
0701815118 Page: 9 of 9
STATE OF ILLINOIS ) )
COUNTY OF COOK )
I, EDMUND W. KANTOR Deputy City Clerk ofthe City of Chicago in the County
of Cook and State of Illinois, DO HEREBY CERTIFY that the annexed and foregoing is a true and
correct copy of that certain ordinance now on file in my office: Vacation of North Talman Avenue
between West Fulton Street and West Lake Street - .
I DO FURTHER CERTIFY that the said ordinance was passed by the City Council ofthe said City of Chicago on the thirteenth (13th) day of September. 2006 and deposited in my office on the thirteenth (Heyday of September. 2006.
1 DO FURTHER CERTIFY that the vote on the question of the passage of the said ordinance by the said City Council was taken by yeas and nays and recorded in the Journal of the Proceedings of the said City Council, and that the result of said vote so taken was as follows, to wit:
Yeas 42 Nays 0
I DO FURTHER CERTIFY that the said ordinance was delivered to the Mayor ofthe said City of Chicago after the passage thereof by the said City Council, without delay, by the Deputy City Clerk of the said City of Chicago, and that the sai d Mayor failed to return the said ordinance to the said City Council with his written objections thereto at the next regular meeting of the said City Council occurring not less than five (5) days after the passage of the said ordinance.
I DO FURTHER CERTIFY that the original, of which the foregoing is a true copy, is entrusted to my care for safe keeping, and that I am the lawful keeper of the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of the City of Chicago aforesaid, at the said City, in the County and State aforesaid, this sixteenth (16*) day of October, 2006.
[V.E.]
EXHIBIT B
OF THE RELEASE OF RESTRICTIVE USE COVENANT
Legal Description Of
Subject Property
All that part of North Talman Avenue, lying west of the west line of Lots 1 and 2 in Sullivan Resubdivision of part of the southeast quarter of Section 12, Township 39 North, Range 13, East ofthe Third Principal Meridian, in Cook County Illinois, lying east ofthe east line of Lot 1 and the east line of Lots 33 to 53, both inclusive, all in Block 6 in Davis Addition to Chicago, being the east 15/16 of the south half of the north half of the southeast quarter of Section 12, Township 39 North, Range 13, East ofthe Third Principal Meridian, in Cook County Illinois, lying east of the east line of the vacated east/west 15 foot public alley vacated by ordinance approved August 30, 1962 and recorded December 14, 1962 in the Office of the Recorder of Deeds of Cook County, Illinois, as Document Number 18674007, said east line of the vacated east/west 15 foot public alley being described as a line drawn from the southeast corner of Lot 1 in Block 6 in Davis Addition to Chicago aforesaid to the northeast corner of Lot 53 in Block 6 in Davis Addition to Chicago aforesaid, lying south of a line drawn from the northwest corner of Lot 1 in Sullivan Resubdivision aforesaid to the northeast corner of Lot I in Block 6 in Davis Addition to Chicago aforesaid and lying north line ofthe north line of that part of North Talman Avenue, as opened by Order of Possession, General Order Number 79051, entered of record on August 30, 1886, and recorded July 5, 1887 in the Office ofthe Recorder of Deeds of Cook County, Illinois as Document Number 847471, said north line of the last cited Order of Possession being described as the north line of Lots 4, 5 and 6 in Mary Smith's Subdivision of Lot 3 of the Circuit Court Partition of the south half of the southeast quarter of Section 12 aforesaid.
Also,
that part of North Talman Avenue, as opened by Order of Possession, General Order Number 79051, entered of record on August 30, 1886, and recorded July 5, 1867 in the Office of the Recorder of Deeds of Cook County, Illinois as Document Number 847471, being described as Lot 4 (except the east 7.42 feet of Lot 4), all of Lot 5 and Lot 6 (except the west 1,58 feet of Lot 6) and lying between the north and south lines of Lots 4, 5 and 6 in Mary Smith's Subdivision of Lot 3 of the Circuit Court Partition of the south half of the southeast quarter of Section 12 Township 39 North Range 13, East of the Third Principal Meridian, in Cook County Illinois, said part of public street being further described as North Talman Avenue lying between the south line of West Fulton Street and north of the north line of west Lake Street
EXHIBIT C
OF THE RELEASE OF RESTRICTIVE USE COVENANT
January 18, 2007 Recorded Restrictive Use Covenant (Attached)
Doc#: 0701816119 Fee: $56.00 Eugene "Gene" Moore RH8P Fee;$l0.00 Cook County Recorder of Deeds Date: 01/18/2007 02:43 PM Pg: 1 of 17
RESTRICTIVE COVENANT
WHEREAS, RDS Properties, L.L.C, ("Owner"), holds legal title to certain parcels of real property ("Abutting Property") which are located at 2615 to 2625 West Fulton Street, 2635 to 2659 West Fulton Street, 2614 to 2624 West Lake Street, 2634 to 2658 West Lake Street, 200 to 270 North Talman Avenue and 201 to 271 North Talman Avenue in the County of Cook, State of Illinois, and which are currently used for the 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, on September 13, 2006, the City Council ofthe City of Chicago approved an ordinance, a copy of which is attached as Exhibit A and which is hereby incorporated ("Ordinance") which Ordinance provided for North Talman Avenue lying between the south line of West Fulton Street and the north line of West Lake Street thereafter referred to as "Subject Premises"), the Subject Premises being more particularly described in Exhibit A which is attached and incorporated; and
|1010|
0701815119 Page: 2 of 17
WHEREAS, the vacation provided in the Ordinance is conditioned upon the execution and recording by the Owner of a restrictive covenant ninning with the land that provides that the Subject Premises shall 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;
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PASSAGE AND APPROVAL OF THE VACATION ORDINANCE AND THE VESTING OF TITLE IN THE Owner, WITHOUT THE REQUIREMENT THAT THE Owner PAY COMPENSATION TO THE CITY, THE Owner DOES HEREBY AGREE WITH AND COVENANT TO THE CITY OF CHICAGO AS FOLLOWS:
USE. The Owner hereby covenant to the City of Chicago that the above-described Subject Premises shall not be used for any use or purpose other than those which are set forth in Exhibit B, which is attached and incorporated, and for those uses and purposes which are accessory to such activities, including, but not limited to, the location of necessary and appropriate offices and facilities, storage, employee and customer parking and other similar uses and facilities. The consideration for such covenant, which is deemed and agreed to be valuable and sufficient, is the vacation by the City of Chicago ofthe Subject Premises for the benefit of Owner without the requirement that the Owner pay compensation to the City.
COVENANT TO RUN WITH THE LAND AND TERM THEREOF. The burdens of the covenant herein contained shall run with the Subject Premises. The benefits of
|1010|
0701815119 Page: 3 of 17
ft
such covenant shall be deemed in gross to the City of Chicago, its successors and assigns. The covenant shall be binding on the Owner, its successors and assigns, and shall be enforceable by the City, its successors and assigns. The covenant may be released or abandoned only upon approval ofthe City Council of the City of Chicago which may condition its approval upon the payment of such additional compensation by the Owner or any persons claiming under the Owner, which said City Council ofthe City of Chicago deems to be equal to the benefits accruing because of the release or abandonment of the covenant. 3. VIOLATION OF RESTRICTIONS.
(a) Reversion. In the event that the Owner causes or permits a violation of a restriction contained herein, the City of Chicago may serve the Owner with a written notice entitled NOTICE OF VIOLATION setting forth the violations. Such notice shall be sent to Owner at 221 North Washtenaw, Chicago, Illinois 60612. Within thirty (30) days of receipt of said Notice of Violation, Owner shall cause the correction of or cure the violations set forth therein. In the event that Owner shall fail or refuse to cause the correction of or cure such violations within the period of thirty (30) days, the City of Chicago may then record with the Cook County Recorder of Deeds a copy of the Notice of Violation, proof of service of the Notice of Violation and a Notice of Reversion. Upon the recording of the aforementioned documents by the City of Chicago, the Subject Premises shall be deemed to be conveyed by Owner to the City of Chicago. In the event that the City does not exercise its right of reversion as stated in this Section 3(a) within twenty (20) years from the date of execution and recording ofthis Covenant, then
0701815119 Page: 4 of 17
the provisions of this Section 3(a) shall be deemed null and void.
(b) Enforcement. In addition to the foregoing, this Covenant shall be enforceable by all remedies available in law or in equity, including injunctive relief. IN WITNESS WHEREOF, the Owner has caused this Covenant to be duly executed and attested to this Mb day of Mw#ieir , 2006.
Its: Branko Vardijan, President
ATTEST:
Its: Anton Vardi.ian. Vice President
ACCEPTED:
Commissioner of Transportation
APPROVED AS TO FORM AND LEGALITY:
lion Counsel
5^ *iflw
Assistant Coiporation
|1010|cer-iw ^oJaa 0701815119 Page: 5 of 17
. „M , Mswewrr 7D:+i3ierW4T P
Nw-90-OI 0I:40m FrMKOOT AmiHItTWTlON ?i.i^t»«
the provisions of this Section 3(a) shall be deemed null and void.
(b) Enforcement. In addition to the foregoing, this Covenant shall be enforceable by all remedies available in law or Is equity, igniting injunctive relief. IN WITNESS WHEREOF, the Owner has caused this Covenant to ba duly executed and attested to this $&b day of M*e?ier-. 2006.
*—~ ¦ v*^ ¦ ' ' 1
Its: Branko Vardijan. President
ATTEST:
Its; Anton vawff-hn. Yia> Pwqi^nnt ACCEPTED:
p F0RM AND L£&
mm
Commissioner of Transportation AP^K^ET^CSn&D F0RM AND LEGALITY:
Assistant Corporation Counsel .
^J^e^ Kc~C_otr r^v*<>^2_ \z-l*l°&
|1010|
NCJU-30-£0B6 12S36PM rWi+i;»E7W7«T
0701815119 Page: 6 of 17
STATE OF ILLINOIS )
)SS
COUNTY OF COOK )
I,- the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that Branko Vardijan , personally known to me to
be the President of the RDS Properties, L.L.C, who is personally known
to me to be the same person whose name is subscribed to the foregoing instrument, appeared
before me this day in person and acknowledged that as such President
he/she signed and delivered the said instrument, for the uses and purposes
therein set forth.
GIVEN under my hand and notarial seal this day of /V0
Notary Public
My commission expires ^fof I4)
Prepared by and when recorded, return to:
Ellen McCormack
Assistant Corporation Counsel
121 North LaSalle Street
Room 600, City Hall
Chicago, Illinois 60602
312/744-6933
701815119 Page: 7 of 17
EXHIBIT A - VACATION ORDINANCE
No. P.I.N, applicable - document affects newly vacated public way
0701815119 Page: 8 of 17 EXHIBIT "A"
9/13/2006 REPORTS OF COMMITTEES 84833
Yeas - Aldermen Halthcock, Tillman. Preckwlnkle, Hairston, Lyle, Beavers, Stroger. Beale, Pope, Balcer, Cardenas, Ollvo, Burke, T.Thomas, Coleman, L.Thomas, Murphy, Rugai, Troutman, Brookins, Munoz, ZalcwskJ, Chandler, Solis. Ocaslo, Burnett E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin. Colon, Banks, Mitts, Allen, Laurlno, O'Connor, Doherty, Natarus, Daley, Tunney. Levar, Shiller, Schulter, M. Smith, Moore, Stone - 49.
Nays -- None.
Alderman Natarus moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed:
Be ft Ordained by the City Council of the City of Chicago:
SECTION 1. The ordinance passed by the City Council of the City of Chicago for Vivo Restaurant on April 26, 2006, and printed upon page 75787 of the Journal of ihe Proceeding of the City Council of the City of Chicago Is hereby amended by adding the words: "sidewalk cafe area Number 2 shall be forty-four (44) feet in length and four (4) feet in width for a total of one hundred seventy-six (176) square feet. Additional Compensation: $29.20/SeatJng: 6."
SECTION 2. This ordinance amendment shall be in effect upon Its passage.
VACATION OF , NORTH TALMAN AVENUE BETWEEN WEST FULTON STREET AND WEST LAKE STREET.
The Committee on Transportation and Public Way submitted the following report:
CHICAGO, September 11. 2006.
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 an ordinance for the vacation of North Talman Avenue lying between the south line of West Fulton Street and the north line of West Lake Street. This ordinance was referred to the Committee on July 26, 2006.
0701815119 Page: 9 of 17
84834 JOURNAL—CITY COUNCIL—CHICAGO 9/13/200*
This recommendation was concurred ln unanimously by a viva voce vote of the members of the Committee, with no dissenting vote.
Respectfully submitted,
(Signed) THOMAS R. ALLEN.
Chairman.
On motion of Alderman Allen, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows:
Yeas - Aldermen Haithcock, Tillman, Preckwinkle, Hairston, Lyle, Beavers, Stroger, Beale, Pope, Balcer, Cardenas, Olivo, Burke, T. Thomas, Coleman, L. Thomas, Murphy. Rugai, Troutman, Brookins, Munoz, Zalewski, Chandler. Sobs, Ocaslo, Burnett, E. Smith, Carothers, Reboyras, Suarez, Matlak, Mell, Austin. Colon, Banks, Mitts, Allen, Laurino, O'Connor, Doherty, Natarus, Daley, Tunney, Levar, Shiller, Schulter. M. Smith, Moore, Stone — 49.
Nays — None.
Alderman Natarus moved to reconsider the foregoing vote. The motion was lost
The following is said ordinance as passed:
WHEREAS, The City of Chicago ("City") is a home rule unit of local government pursuant to Article VH, Section 6(a) ofthe 1970 Constitution ofthe State of Illinois and. as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, The City has experienced a significant loss of industry and Jobs in recent years, accompanied by a corresponding erosion of its tax base, due in part to industrial firms' inability to acquire additional property needed for their continued viability and growth; and
WHEREAS, Many firms adjoin streets and alleys that are no longer required for public use and might more productively be used for plant expansion and modernization, employee parking, improved security, truck loading areas, or other industrial uses; and
WHEREAS, The City would benefit from the vacation of these streets and alleys by reducing City expenditures on maintenance, repair and replacement; by reducing fly-dumping, vandalism and other criminal activity; and by expanding the City's property tax base; and
0701815119 Page: 10 of
REPORTS OF COMMITTEES
SREAS, The City can strengthen established industrial areas and expand the **sJob base by encouraging the growth and modernization of existing industrial itJes through the vacation of public streets and alleys for reduced compensation;
lEREAS, The properties at 2615 to 2625West Fulton Street, 2635 to2659West \ Street, 2614 to 2624 West Lake Street, 2634 to 2658 West Lake Street 200 i North Talman Avenue and 201 to 271 North Talman Avenue are owned by jj§ Properties, L.L.C., a firm employing eighty-five (85) full time and two (2) part-Individuals in the operation of a construction and demolition recycling and fer process; and
Ji ¦¦-
^WHEREAS, RDS Properties, L.L.C. proposes to use the portion ofthe street to be ited herein for construction ofa concrete transit mix batch plant and additional it security by limiting access to the property and other such uses which are mably necessary therefor; and
.•WHEREAS, The City Council ofthe City of Chicago, after due investigation and pohsideratlon, has determined that the nature and extent ofthe public use and the fffjiblic interest to be subserved Is such as to warrant the vacation of the part of street described in the following ordinance; now, therefore,
Ordained by the City Council of the City of Chicago:
h SECTION 1. All that part of North Talman Avenue, lying west of the west line of Lots 1 and 2 in Sullivan Resubdivision of part of the southeast quarter of Section 12, Township 39 North, Range 13. East of the Third Principal Meridian, in Cook County Illinois, hying east ofthe east line of Lot 1 and the east line of Lots 33 to 53. both inclusive, all in Block 6 in Davis Addition to Chicago, being the east 15/16 of the south half of the north half ofthe southeast quarter of Section 12. Township 39 North, Range 13, East ofthe Third Principal Meridian, in Cook County Illinois, lying east of the east line of the vacated east/west 15 foot public alley vacated by ordinance approved August 30,1962 and recorded December 14.1962 in the Office ofthe Recorder of Deeds of Cook Counry. Illinois, as Document Number 18674007. said east line ofthe vacated east/west 15 foot public alley being described as a line drawn from the southeast corner of Lot 1 in Block 6 in Davis Addition to Chicago aforesaid to the northeast corner of Lot 53 in Block 6 in Davis Addition to Chicago aforesaid, lying south ofa line drawn from the northwest corner of Lot 1 in Sullivan Resubdivision aforesaid to the northeast comer of Lot 1 in Block 6 in Davis Addition to Chicago aforesaid and lying north ofthe north line of that part of North Talman Avenue, as opened by Order of Possession, General Order Number 79051. entered of record on August 30, 1886, and recorded Jury 5. 1887 in the Office of the Recorder of Deeds of Cook Counry, Illinois as Document Number 847471, said north line ofthe last cited Order of Possession being described as the north line of Lots 4, 5 and 6 in Mary Smith's Subdivision of Lot 3 of the Circuit Court Partition of the south half of the southeast quarter of Section 12 aforesaid.
0701815119 Page:11 of 17
84836 JOURNAL-CITY COUNCIL-CHICAGO 9/13/2'
Also,
that part of North Talman Avenue, as opened by Order of Possession, General Order Number 79051, entered of record on August 30, 1886, and recorded July 5, 1887 in the Office of the Recorder of Deeds of Cook Counry, Illinois as Document' Number 847471. being described as Lot 4 (except the east 7.42 feet of Lot 4), all of Lot 5 and Lot 6 (except the west 1.58 feet of Lot 6) and lying between the north and > south lines of Lots 4, 5 and 6 in Mary Smith's Subdivision of Lot 3 of the Circuit Court Partition of the south half of the southeast quarter of Section 12 Township 39 North. Range 13. East of the Third Principal Meridian, in Cook County Illinois, said part of public street being further described as North Talman Avenue hying between the south line of West Pulton Street and the north line of West Lake Street as shaded and indicated by the words To Be Vacated" on the drawing hereto attached, which drawing for greater certainty, 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 that part of the public street as herein vacated, as a right-of-way for an existing water main and appurtenances thereto, and for the Installation ofany additional water mains or other municipally-owned service facilities now located or which in the future may be located in that part ofthe public street as herein vacated, and for the maintenance, renewal, and reconstruction of such facilities, with the right of ingress and egress at all times upon reasonable notice. It is further provided that no buildings or other structures shall be erected on the said right-of-way herein reserved or other use made of said area, which ln the Judgment of the municipal officials having control of the aforesaid service facilities would interfere with the use, maintenance, renewal, or reconstruction of said facilities, or the construction of additional munidpaUy-owned service facilities.
SECTION 3. The vacation herein provided for is made upon the express condition that RDS Properties, L.L.C. shall agree to accept and maintain as private sewers all existing sewers and appurtenances thereto which are located ln that part of the public street as herein vacated.
SECTION 4. The City of Chicago hereby reserves for the benefit of Commonwealth Edison, SBC and Comcast, their successors or assigns, an easement to operate, maintain, construct, replace, and renew overhead poles, wires, and associated equipment and underground conduit, cables, and associated equipment for the transmission and distribution of electrical energy, telephonic and telecommunications and associated services under, over, and along that park ofthe street as herein vacated, with the right of Ingress and egress.
The City of Chicago hereby reserves for the benefit of The Peoples Gas Light and Coke Company an easement to operate, maintain, repair, renew and replace existing underground facilities ln all of the "to be vacated" part of public street, with the
,0701815119 Page: 12 of 17.
REPORTS OF COMMITTEES
I Order 1887 ument I. all of thand -lrcuit mahlp llnois, ? tying Street hereto »f this same ^ed by
eet as ances pafiy-i that I, and times tures f said esaid 1, or wned
press Ivate tpart
ealth rate, lated t for and ifthe
right of ingress and egress at all times for any and all such purposes. It is further provided that no buildings or other structures shall be erected on said easement herein reserved for The Peoples Gas Light and Coke Company or other use made of the said area which would Interfere with the construction, operation, maintenance, repair, removal or replacement of said facilities.
SECTION 5. The vacation herein provided for is made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, RDS Properties, L.L.C. shall deposit ln the City Treasury ofthe City of Chicago a sum sufficient to defray the costs of removing paving and curb returns and constructing sidewalk and curb across the entrances to that part of North Talman Avenue hereby vacated similar to the sidewalk and curb along the south side of West Fulton Street and along the north side of West Lake Street. The precise amount of the sum so deposited shall be ascertained by the Office of Emergency Management and Communications — Traffic Management Authority, Permits Division after such investigation as is requisite.
SECTION 6. The Commissioner of Transportation is hereby authorized to accept, subject to the approval of the Corporation Counsel as to form and legality, and on behalf of the City of Chicago, the benefits of a covenant or similar instrument restricting the use of the public way vacated by this ordinance to the 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 similar other uses and facilities. Such covenant shall be enforceable in law or ln equity and shall be deemed to provide for reconveyance of the property to the city upon substantial breach of the terms and conditions thereof. The benefits of such covenant shall be deemed ln gross to the City of Chicago, its successors and assigns, and the burdens of such covenant shall run with and burden the public way vacated by this ordinance. The covenant may be released or abandoned by the City only upon approval of the City Council which may condition its approval upon the payment of such additional compensation which it deems to be equal to the benefits accruing because of the vacation of the public way with restrictions on its use.
SECTION 7. The vacation herein provided for Is made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance. RDS Properties, L.L.C. shall file or cause to be filed for record in the Office of the Recorder of Deeds of Cook County, Illinois, a certified copy of this ordinance, together with a restrictive covenant complying with Section 6 of this ordinance, approved by the Corporation Counsel and an attached drawing approved by the Superintendent of Maps.
and iting i the
This ordinance shall take effect and be in force from and after its
[Drawing and legal description referred to in this ordinance printed on page 84838 of this Journal]
0701815119 Page: 13 of 17
JOURNAL-CITY COUNCIL—CHICAGO 9/13/2006
Ordinance associated with this drawing and legal description printed on pages 84835 through 84837 of this Journal.
ParMonbyM. Wakamanalal. oftheS. 81.14 Aero ntia 6 JS
of «M»S.E>iolSac. 12-39-13
¦B"
Om> Add. to Chicago baino He E/**(» of" tha 8 JJ ol ma NJJ ol rm SEX« Sec 12-30-13 _ "C"
Mary Sfrrtrr* Sub. ol Lot 3 ol \m Ckcuit Court Partton el»» 8. &of1heS£.Kc'Sec. 12-30-13
"D"
Ord. tor Opening N TaJmanAv. 6. to Lata* St Passed Mar 2a. 1881. Order ol Poaeeeaion by Suponor Court Auo 30.1886 General No. 79061.
L
flee. July 27.1887. Doc # 847440
J
Doc* «OSl4ii
"E"
Vacated by Ontnenaa Paeamd June 3.1907 Hoc. Jlob 13.1907.
SuDvan Raaub. ol part ol lha S.E.% ol Sec 12-39-13
Woe May S. 1909 Doc.# 4370078
Vacated by Ord. Pataed Aug. 30,1SC2.
Rec Dec 14.1962 Ooc# 18674007
Ordnanceamandad Aug 22. <063 prowoViglor maar>aMjnlor the ansano aawar in N. Wsahianew Av.
Dr. No. 12-27-05-2883
Now. Street Vacated under lw Indus*** Street and Alay Vacation Program
i W. FULTON
M|»|BI!9|B
10
rE?::::;
52
51
50
49
48
47
46
46
44 X
43
42
24
< Z LU h-I C/J <
|1010|O O
CC
ii
10
-or
12|1010|"F"
Lot 2
1*0
W. LAKE ST.
0701815119 Page: 14 of 17
EXHIBIT B - PERMITTED USES
Manufacturing, production, processing, assembly, fabricating, cleaning, servicing and repair of materials, goods or products, including but not limited to the following:
Food and Kindred Products
Tobacco Products
Apparel and Other Textile Products
Lumber and Wood Products
Furniture and Fixtures
Paper and Allied Products
Printed and Published Products
Chemicals and Allied Products
i. Petroleum and Coal Products
j. Rubber and Miscellaneous Plastics
k. Leather and Leather Products
1. Stone, Clay and Glass Products
m. Primary Metals
n. Fabricated Metal Products
o. Industrial Machinery and Equipment
p. Electronic and Electric Equipment
q. Transportation Equipment
r. Instruments and Related Products
s. Scrap Metals
Transportation and wholesale trade, as distinguished from retail trade, of the materials, goods or products listed above.
Research and development of prototypes and processes related to the activities listed above.
H:RestrictiveCovenantRDSPropertiesL.L.C.
0701815119 Page: 15 of 17
Agreement in lieu of escrow Industrial Street Vacation Program
Re: Vacation of North Talman Avenue lying between the south line of West Fulton Street and the north line of West lake Street
With respect to the above referenced vacation, RDS Properties, L.L.C.,("Applicant"), through their duly authorized agents who have executed this Agreement below, hereby acknowledges receipt of the fully executed and accepted original of the Restrictive Covenant document, a copy of which is attached. In lieu of the requirement of entering into and paying the cost of an escrow agreement, the Applicant agrees as follows:
To record such original document with the Cook County Recorder of Deeds; and
To provide and pay for an endorsement to a policy of title insurance issued by a title insurance company acceptable to the City which policy shall name the City as an additional insured in an amount not less than TEN THOUSAND DOLLARS ($10,000.00) and shall insure that the Restrictive Covenant is a valid obligation running with the land subject only to encumbrances acceptable to the City; and
To deliver to the City evidence of compliance with this Agreement within thirty (30) days of date executed below.
In the event the Applicant fails or refuses to comply with this Agreement, the Applicant hereby agrees to cause the Subject Premises (as defined in the Restrictive Covenant) to be rededicated to the City of Chicago for public use.
AGREED:
The City of Chicago
H:RestrictiveCovenantRDSProperties,L.L.C.
0701815119 Page: 16 of 17
OeC-05-£006 09:16 FRDMrLPW DEPT
|t«r-S0-0S fll"3S(w Froo-CDOT APMINirTRATION
ABTBgnrnt to licy pfnvrtrw
Industrial Street Vacation Program
Re: Vacation of Nona Talman Avenue lying between the south line of West Fulton Street end ihe north line of West lake Street
With respect to the above referenced vacation, RDS Properties, UkC.^"Applicant"), through their duly authorized agents who have executed This Agreement below, hereby acknowledges receipt ofthe fully executed and accepted original ofthe Restrictive Covenant document, a copy of which is attached. In lieu of the requirement of entering into and paying the cost of en escrow agreement, tbe Applicant agrees as. follows:
To record such original documem with the Cook County Recorder of Deeds, and
To provide and pay for an endorsement to a policy of title insurance issued by a title insurance company acceptable to me City which policy shall name the City as an additional insured in an amount not lees than TEN THOUSAND DOLLARS ($10,000,00) and shall insure that the Restrictive Covenant is a valid obligation running with die land subject only to encumbrances acceptable to the City; and
To deliver to the City evidence of compliance with this Agreement within thirty (301 nays of date executed below.
*
In tbe event the Applicant fails or refuses to comply with this Agreement, tfie Applicant hereby agrees to cause the Subject Premises (as defined in the Restrictive Covenant) to be rededlcated to the City of Chicago for public use.
AGREED:
NTJU-30-2006 12:31PM FRX:-K31£74>V7747
T
0701815119 Page: 17 of 17
32 W. Lake Street
33 W. Fulton Street Chicago, Illinois
PIN: 16-12-409-032-0000 16-12-409-044-0000 16-12-409-048-0000 16-12-409-051-0000 16-12-409-053-0000 16-12-410-001-0000