Chicago Department of Transportation
CITY OP CHICAOO
April 27, 2019
Mark A. Flessner Corporation Counsel Room 600-City Hall Chicago, IL 60602-1289
Attention: Lisa Misher, Deputy Corporation Counsel
Re: Proposed Release of Industrial Covenant for Nealey Foods Commercial Vacation File: 08-27-19-3929
Dear Mr. Flessner:,
Pursuant to a request from Mr. Eric Ncaley, we are transmitting herewith for your review arid approval as to form and legality an original and three (3) copies of a proposed release of Industrial Program Restrictive Covenant on portions of W. Carroll Avenue and N. Sangamon Street. The original Industrial Program Vacation was processed underCDOT File: 08-27-07-3028 for Ncaley Foods in 2007. Copies ofthe recorded ordinance and covenant have been forwarded to your office previously. The property is located in the 27th Ward.
Nealey Family Limited Partnership is the current owner of record to the properties adjoining the vacated streets upon which the restrictive; covenant is held. The new owner has applied to be released from the industrial limitations ofthe covenant, and is prepared to pay the appruised value at this time. The people to contact in connection with this proposed ordinance are Attorney Michael Ezgur at 312-327-3350 or Mr. Eric Nealey at 312-829-0856.
Sincerely,
Gia Biagi Commissioner
GB: Wl-l: RD
cc: Aldennan Walter Burnett
Alderman Howard Brook ins
Sandra ForemanAv Attach. Dwg.-s.f. & Orel. (3) file copies (2) Maps & Plats
ORDINANCE FOR RELEASE OF USE RESTRICTION COVENANT
WHEREAS, on May 14, 2008, the City Council of the City of Chicago {"City Council") passed that certain ordinance, which was published in the Journal of the Proceedings of the City Council for such date at pages 28132 through 28136 (referred to hereafter as the "Vacation Ordinance"), which ordinance provided for an Industrial Program street vacation ("Vacation") of portions of W. Carroll Avenue and N. Sangamon Street ("Full Vacation Area"); and
WHEREAS, the Vacation Ordinance provided that the Vacation of the Full Vacation Area was conditioned upon the recording of a restrictive use covenant running with the land ("Restrictive Use Covenant"), that required the Full Vacation Area to be used for "manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only, and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and other similar uses and facilities"; and
WHEREAS, the Restrictive Use Covenant was recorded on September 18, 2008 With the Office of the Cook County Recorder of Deeds as Document Number 0826245110, and is attached hereto as Exhibit A; and
WHEREAS, the Vacation Ordinance was recorded on September 18, 2008 with the Office of the Cook County Recorder of Deeds as Document No. 0826245111, and is attached hereto as Exhibit B: and
WHEREAS, Section 5 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 release or abandonment"; and
WHEREAS, the Vacation Ordinance included multiple owners and the division ofthe Full Vacation Area among them, and
WHEREAS, a portion of the Restrictive Covenant on the Full Vacation Area has already been lifted by one owner and recorded at the Cook County Recorder of Deeds on December 26, 2018. as Document 1836006189 ("Partial Release of Covenant"); and
WHEREAS, Nealey Family Limited Partnership, an Illinois limited partnership ("Developer"), is the owner adjacent to the balance of the Full Vacation Area ("Developer") still subject to the Restrictive Covenant and now wishes to have the covenant restrictions lifted on its respective portions of the Full Vacation Area ("Subject Property"); and ->
WHEREAS, the Developer intends to assemble his parcels and continue to use as parking the Subject Property, and has requested a release ofthe 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 5 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 remaining portion of the Restrictive Use Covenant, as depicted in the Plat of Partial Release contained herein, and made a part of this ordinance as Exhibit C, and as included within the Full Vacation Area area of Section 1 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 Five Hundred Thousand and 00/100 Dollars ($500,000), 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, the associated Plat of Partial Release as approved by the Chicago Department of Transportation's Supenntendant of Maps, and the release of covenant agreement as approved by the Chicago Department of Law as to form and legality.
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 D. 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. ir any provision of (his ordinance shall he held to be invalid or unenforceable for any reason, the Invalidity or. unenforceability of-such proMis'ron shall not affect any of the other provisions of this ordinance. .
SECTION S. This ordinance sh3lt take effect upon its passage and approval.
Release of iReshiclive Use Covenant Approved:
Gia
Commissioner.' Department-^Transportation •
Approved as to Form and Legality
Arthur Dolinsky J Senior Counsel
Inlrnduced By
Honorable Waiter Bum9tt Alderman. 27"". Ward