COMMERCIAL VACATION ORDINANCE
WHEREAS, the City of Chicago ("City") is a home rule unit of local government pursuant to Article Vll, Section 6 (a) ofthe 1970 Constitution of the State of Illinois and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the properties at approximately 2500-2530 S. Corbett Street, and 2501-2531 S. Corbett Street are owned by 2500 South Corbett Corporation ("Developer"); and
WHEREAS, the Developer proposes to use the portion ofthe deadended street to be vacated herein as a driveway for the adjacent buildings; and
WHEREAS, the City Council ofthe City of Chicago, after due investigation and consideration, has determined that the nature and extent of the public use and the public interest to be subserved is such as to warrant the vacation of that portion of the public street, described in the following ordinance; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO; SECTION 1.
VACATION OF:
ALL THAT PART OF NORTH-SOUTHERLY 60 FOOT WIDE PUBLIC RIGHT OF WAY OF S. CORBETT STREET, FORMERLY KNOWN AS 'SALT STREET' AND 'HOUGH PLACE', BEING 60.00 FEET WIDE, IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 39 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF AND ADJOINING THE NORTHERLY LINE OF THE CHICAGO AND ALTON RAILROAD, CONVEYED BY WARRANTY DEED RECORDED JUNE 22, 1886 AS DOCUMENT NUMBER 728491, IN THE CITY OF CHICAGO, COOK COUNTY, ILLINOIS, SAID DESCRIBED PARCEL CONTAINING 19,370 SQUARE FEET OR 0.445 ACRES, MORE OR LESS, as shaded and legally described by the words "HEREBY VACATED" on the plat hereto attached as Exhibit A, which plat for greater clarity, is hereby made a part of this ordinance, be and the same is hereby vacated and closed, inasmuch as the same is no longer required for public use and the public interest will be subserved by such vacation.
Page 1
SECTION 2. The City of Chicago hereby reserves for the benefit of Commonwealth Edison, its successors or assigns, a non-exclusive utility easement to operate, maintain, construct, replace and renew overhead wires, poles, and associated equipment and underground conduit, cables, and associated equipment for the transmission and distribution of electrical energy, telephonic and associated services under, over and along the alley herein vacated, with the right of ingress and egress. The grade of the vacated public way shall not be altered in a manner so as to interfere with the operation and maintenance of Commonwealth Edison facilities. No construction, buildings, permanent structures or other obstructions shall occur or be placed over the area herein vacated without the express written release of easement by the utility. Any future Developer-prompted relocation of facilities lying within the area herein vacated will be accomplished by the utility, and be completed at the sole expense of the Developer, its successors or assigns. Any future release of easement shall include, at the utility's option, the abandonment in place of the existing facilities, equipment and appurtenances as may be located over, through, under, along and across the vacated area. It is further provided that all costs and expenses associated with the removal of abandoned facilities shall be borne exclusively by the Developer, its successors and assigns and not by the abandoning utility.
SECTION 3. The City of Chicago hereby reserves for the benefit of The Peoples Gas Light and Coke Co. a nonexclusive easement to operate, maintain, repair, renew and replace existing underground facilities and to construct new facilities in all ofthe area to be vacated, with the 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 upon or over said easement herein reserved for The Peoples Gas Light and Coke Co. or other use made ofthe said area which would interfere with the construction, operation, maintenance, repair, removal, or replacement of said facilities, or the construction of additional facilities. No construction, buildings, permanent structures or obstructions shall occur or be placed over the area herein vacated without the express written release of easement by the involved utility. Any future vacation beneficiary prompted relocation of Peoples Gas facilities lying within the area herein vacated will be; accomplished by Peoples Gas, and completed at the sole expense of the Developer, its successors or assigns. Any future release of easement shall include, at the utility's option, the abandonment in place of the existing facilities, equipment and appurtenances as may be located over, through, under, along and across the vacated area. It is further provided that all costs and expenses associated with the removal of abandoned facilities shall be borne exclusively by the Developer, its successors and assigns and not by the abandoning utility.
SECTION 4. The street vacation herein provided for is made upon the express condition that within 180 days after the passage ofthis ordinance and its related documents, and prior to recording, the Developer shall: 1) deposit in the City Treasury of the City of Chicago, a sum quoted by the City sufficient to defray the cost of work to public paving, curb, and related appurtenances associated with its project in the event that it defaults in its obligation to construct the directed improvements in accordance with the most current version ofthe Chicago Department of Transportation's Reputations for Opening, Repair and Construction in the Public Way and its appendices; and 2) submit for field inspection and : approval of its construction of said improvements, to the CDOT Division of Infrastructure Management, Construction Compliance Unit, Room 905 City Hall, prior to the return of the monies deposited there (minus service fee).
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SECTION 5. The vacation herein provided for is made upon the express condition that within one hundred eighty (180) days after the passage ofthis ordinance, the Developer shall pay or cause to be paid tp the City of Chicago as compensation for the benefits which will accrue to the owner of the property abuttina said part of public street hereby vacated the sum Two Hundred Fifty Two Thousand dollars ($ 252,000 00 ), which sum in the judgment of this body will be equal tp, such benefits. -----
SECTION 6. The vacation herein provided for is made under the express condition that the Developer and its successors and assigns, shall hold harmless, indemnify and defend the City of Chicago from all claims related to said vacation.
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, the Developer shall file or cause to be filed for recordation with the Office of the Recorder of Deeds of Cook County, Illinois a certified copy of this ordinance, together with the associated full-sized plats as approved by the Superintendent of Maps and Plats.
SECTION 8. This ordinance shall take effect and be in force from and after its passage and publication. The vacation shall take effect and be in force from and after the recording of the approved ordinance and plat.
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Vacation Approved:
Gia _ Commissioner of Transportation
Approved as to Form and Legality
Arthur Dolinsky Senior Counsel
Introduced By:
Honorable Patrick D. Thompson Alderman, 11th Ward
BOUNDARY LINE EXISTING RIGHT-OF-WAY
->¦-: ; OR LOT LINE :;
OO.o6'Mi = :MEASUREO (OO.OO'R) = RECORD
.TRAFFIC. FLOW DIRECTION
HEREBY VACATED
EXHIBIT "A"
PLAT OF VACATION
VACATION AREA = 19,370 SQ. FT OR 0.415 ACRES, MORE OR LESS.
FOUND CROSS IN S -METAL WALL ON-LINE
IR « IRON ROD. ¦ i:f. i
,IP: = IRON PIPE -' :.¦) • ¦• .:
(Ml ' MEASURED ; "~
(R) = RECORD ' . ,: ,?
(P) ¦> PLATTED PER COMMONWEALTH
EDISON. COMPANY'S BLOCK "C.
PER. DOCUMENT. 521238
FOUND'3/1". ,, IP AT CORNER-
. 165.95'S86^5'05"E(M) ;165.89'tM)
^WALL°ATRcaRNER METAL
i j— WESTERLY LINE OF Y THATPART OF LOT 2 ' INF BRAINARD & EVANS' ^ SUBDIVISION
VACANJ-V Mj^jaAi.
p^st'SraSe ;i
lot 2 ,.„";•
•WESTERLY LINE OF THE TRACT CONVEYED T0: THE'PEOPLES GAS LIGHT & COKE . COMPANY, PER DOCUMENT S298104
BRAINARD AND EVANS' " SUBDIVSION OF BLOCK 2 IN CANAL TRUSTEES' SUBDIVISION ANTE-FIRE
-FOUND 1/2"
IP AT CORNER
CD0T*29-ll-20-3938
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SHEET: 1 OF 2
CONSULIING ENGINEERS-:w
SITE DEVELOPMENT ENGINEERS
IAND SURVEYORS*"" "-'-'* .
.= ' 957SW. Higgins Road. Suite. 700.
; Rosemont, Illinois 60018 Phone: (847) «96-4060i Faic (847) A96-4045
DATE: i ' 11/19/2019
JOB NO' 10685
FILENAME: 10685V AC-01
EXHIBIT "A"
PLAT OF VACATION
PROPERTY DESCRIPTION OF VACATION-: , :
ALL THAT PART OF NORTH-SOUTHERLY 60 FOOT WOE PUBLIC*RIGHT OF WAY OF S. CORBETT STREET, FORMERLY KNOWN AS SALT STREET AND HOUCH PLACE. BEING 60.00 FEET WIDE. IN THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 29. TOWNSHIP 39 NORTH. RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTH OF AND ADJOINING THE NORTHERLY LINE OF THE CHICAGO. AND ALTON RAILROAD, CONVEYED BY WARRANTY DEED RECORDED JUNE 22, 1886 AS DOCUMENT NUMBER 728491, IN THE CITY OF CHICAGO, COOK COUNTY, ILLINOIS, SAID OESCRIBED PARCEL CONTAINING 19,370 SQUARE FEET OR 0.445 ACRES, MORE OR LESS.
COOK" CO.
, SURVEYOR'S NOTESi
t. ALL DIMENSIONS SHOWN HEREON ARE MEASURED UNLESS NOTED.
BASIS OF BEARINGS) TRUE NORTH BASED ON GEODETIC OBSERVATION IL EAST ZONE.
NO DIMENSIONS SHOULD : BE ASSUMED BY SCALE MEASUREMENTS UPON THE PLAT.
PREPARED FOR/AND MAIL TOi GOSCHI * GOSCHI, LTD. .
525 WEST MONROE STREET »2360 CHICAGO, IL 60661
LAST OATE OF FIELD WORK- AUGUST. 15. 2019.
CURRENT ZONING- PMD-U, PLANNED MANUFACTURING DISTRICT
STATE OF ILLINOIS)
) SS
COUNTY OF COOK ) :
WE. SPACECO, INC AN ILLINOIS PROFESSIONAL DESICN FIRM, NUMBER ¦ 184-OOUS7 DO HEREBY DECLARE THAT WE HAVE PREPARED THE PLAT HEREON DRAWN FOR THE PURPOSE OF VACATING A PUBLIC STREET AS SHOWN, AND THAT THE PLAT IS A IS A TRUE AND CORRECT REPRESENTATION OF SAID VACATION.
ALL DIMENSIONS ARE IN FEET AND DECIMAL PARTS THEREOF. NO DISTANCES OR ANGLES SHOWN HEREON MAY BE ASSUMEO BY SCALING.
I HEREBY AUTHORIZE.
THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM
STANDAROS FOR A BOUNDARY SURVEY. , •
. OR THEIR AGENT TO FILE
THIS PLAT OF VACATION WITH THE COOK COUNTY RECORDER'S OFFICE.
GIVEN UNDER OUR HAND ANO SEAL THIS *5th QAV OF JULY ,n 20 IN ROSEMONT, ILLINOIS.
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£ V*,
$ <^ /*¦ r --' 2M1 '-.
• professional \ -1 = land ; :
: SURVEYOR 3 z %, STATE OF ; -: ILLINOIS C
C. BRIAN LOUNSBURY, I.P.L.S. No. 035-2841 LICENSE EXPIRES- 11-30-2020 . blounsburyospacacolnc.com
(VALID ONLY IF EMBOSSED SEAL AFFIXED)
COMPARE ALL DIMENSIONS BEFORE BUILDING AND REPORT ANY DISCREPANCIES AT ONCE. REFER TO DEED OR TITLE POLICY FOR BUILDING LINES AND EASEMENTS.
CD0T*29-ll-20-3938
CONSULTING ENGINEERS
SITE DEVELOPMENT ENGINEERS
LAND SURVEYORS ¦'. ¦ :"¦
: . 9S7S W. Higgins Road. Suite 700.
Rosemont. Illirois 60018: Phone: (847) 696-4060 Fax: (847] 696--I065
DATE: 11/19/2019
JOB NO: 106B5
FILENAME: 10885V AC-01
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