COMMERCIAL VACATION ORDINANCE
WHEREAS, the City of Chicago '("City") is a home rule unit of local government pursuant to Article VII, 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 4050 W Peterson Avenue and 4054 W. Peterson Avenue are owned by Rule Transfer IL, Inc., an Illinois corporation ("Developer'); and
WHEREAS, the Developer proposes to use the portion of the alley to be vacated herein for parking for the, adjacent new development; and
WHEREAS, the City Council of the 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 alley, described in the following ordinance; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1.
VACATION of THE NORTH-SOUTH 16 FOOT ALLEY LYING NORTH OF AND ADJOINING THE NORTH RIGHT-OF-WAY LINE OF W. PETERSON AVENUE; LYING SOUTH OF AND ADJOINING THE NORTH LINE OF LOT 15 EXTENDED WEST TOTHE NORTH EAST CORNER OF THAT PART OF LOT 16; LYING WEST OF AND ADJOINING THE WEST LINE OF SAID LOT 15; LYING EAST OF AND ADJOINING THE EAST LINE OF PART OF LOT 16, ALL IN BLOCK 19 IN KRENN AND DAT O'S CRAWFORD - PETERSON ADDITION TO NORTH EDGEWATER, BEING A SUBDIVISION OF THE NORTHEAST FRACTIONAL 1/4 (EXCEPT THE NORTH 42 RODS) AND THE FRACTIONAL SOUTHEAST QUARTER OF SECTION 3 (NORTH OF INDIAN BOUNDARY LINE), TOWNSHIP 40 NORTH, RANGE 13 EAST. OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 12, 1924 AS DOCUMENT NUMBER 8548903, IN COOK COUNTY. ILLINOIS, SAID PARCEL CONTAINING 1,728 SQUARE FEET OR 0.040 ACRE, 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 Wilt be subserved by such vacations.
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SECTION 2. The City of Chicago hereby reserves for the benefit of Commonwealth Edison, Comcast and the Department ofTransportationDivision of Electrical Operations, arid their successors or assigns, a hoh-exclusive!.utility easement to operate, maintain, construct, replace and renew overhead wires, poles, City traffic controller and associated equipment and underground conduit, cables, and associated equipment forthe transmission, distribution and control of electrical energy (including public facilities), 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, Comcast and/or. City of Chicago facilities. No construction, buildings, permanent structures or obstructions shall occur or be placed over the area herein vacated without express written release of easement by the involved utility(ies). Any future Developer-prompted relocation of facilities lying within the area being vacated will be accomplished by the involved utility, and be done at the sole expense of the Developer, its successors or assigns.
SECTION 3. The vacation herein provided for is made upon the express condition that within 180 days after the passage ofthis ordinance, and prior to the recording ofthis ordinance, the Developer shall (a) deposit in the City Treasury ofthe City of Chicago, a quoted sum sufficient to defray the cost of necessary improvements to adjacent 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 Regulations for Ooenino. Repair and Construction in the Public Wav and its appendices; and (b) submit for field inspection and approval of its construction of said improvements, to the CDOT Division oflnfrastructure Management,Construction Compliance Unit, Room 905 City Hall, for return of the monies deposited (less any City-authorized fees).
SECTION 4. The vacation herein provided for is made upon the express condition that within 180 days after the passage ofthis ordinance, the Developer shall pay or cause to be paid to the City of Chicago as compensation for the benefits which will accrue to the owner ofthe property abutting said part of public alley hereby, vacated the sum
; dollars (S ),
which sum In the judgment of this body will be equal to such benefits.
SECTION 5. The vacation herein provided for is made under the express condition that the Developer, its successors and assigns, shall hold harmless, indemnify and defend the City of Chicago from all claims related to said vacation.
SECTION 6. 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 of cause to be filed for recordation with the Office of the Recorder of Deeds of Cook County, Illinois a certified copy ofthis ordinance, together with the associated full-sized plats as approved by the Department of Transportation's Superintendent of Maps and Plats.
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SECTION 7. This ordinance shall take effect and be in force from and after its passage and publication. The vacation shall take effect and be in force from and after recording of the approved ordinance and plat
Vacation Approved:
Gia Biagi Commissioner of Transportation
Approved as to Form and Legality
Arthur Dolinsky Senior Counsel
Samantha Nugent Alderman, 39th Ward
CAniOl I M
PLAT OF VACATION =
THE NCOTH-SOUfH.18 FOOT ALLEY LYING NORTH OF ANO ADJOINING THE NORTH RIGHT-OF-WAY LINE OF W.
PETERSON AVENUE; LYING SOUTH OF ANO ADJOINING THE NORTH LINE OF LOT 15 EXTENDED WEST TO THE NORTH
EAST CORNER OF THAT PART OF LOT 18; LYING WEST OF AND ADJOINING THE WEST LINE OF SAD LOT 15; LYING
EAST OF AND ADJOINING THE EAST LINE OF, PART OF LOT 18, ALL IN BLOCK 19 IN KRENN AND DATCS CRAWFORD-
PETERSON ADDITION TO NORTH EDGEWATER, BEING A SUBDIVISION OF THE NORTHEAST FRACTIONAL 1/4 (EXCEPT
, THE NORTH 42 RODS) AND THE FRACTIONAL SOUTHEAST QUARTER OF SECTION 3 (NORTH OF INDIAN BOUNDARY
LINE), .TOWNSHIP 40 NORTH. RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED AUGUST 12.1924 AS DOCUMENT NUMBER 8S4S903, IN COOK COUNTY," ILUNOIS. SAID PARCEL
CONTAINING 1,728 SQUARE FEET OR 0.040 ACRE. MORE OR LESS. """" "V
(m %.o.*t Ktnm*o«ettoc*^i0\ ./*
W. GLENLAKE AVENUEj
CDOT # 03-39-18-3862
PROJECT No. 2018-23083-1
ISSUE DATE; O8J0fr20
SCALE: 1"«*0'
SHEET NUMBER
1 OF 2
PLAT PREPARED FOR; GW PROPERTIES
2211 N. ELSTON AVE.
SUITE 304, CHICAGO, tt. 80814
PLAT PREPARED BV:,
UNITED SURVEY SERVICE, LLC
CC»ISTRUCTtON'AKO LAND SURVEYORS Hid CENTRAL A VENUS. RtVER FOREST, ILLINOIS. 8OJ0S TEL.: (S47) 299 - t01O FAX : f847) 703 • 5M7 K-MAU-: USURVEVaUSANClCS.COM
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cAnion /\
FLAT OF VACATION
MAIL TO:
OW PROPERTIES
2211 N. ELSTON AVE.
SUITE S04.CHICAGO. IL80C14
AFFECTED PERMANENT INDEX NUMBERS:
13-O3-228-0J9-0OQO PARTOFLOTia "
i3-03-ae!-040oeoo tons
CITY CLERK
SURVEYOR'S MOTES:
THE BASIS OF SEARINGS IS ASSUMED.
an of Chicago zones-.
Bl-1. NBSHBORHOOP 8HOPPWO DISTRICT DATE OP COMPLETION OF FIELD WORK: MARCH 25. 2020 NO DIMENSIONS SHOULD OE ASSUMED BY SCALE MEASUREMENTS. ; STATE OF ILLINOIS )
7 ... ,. js.s.
COUNTY OF COOK I
. I. ROY 6. LAWNICZAK. DO HEREBY CERTIFY THAT I HAVE SURVEYED THE ABOVE DESCRIBED PROPERTY AND THAT THE PLAT HEREON DRAWN IS A CORRECT REPRESc NTATION OF SAIO SURVEY.
THIS PROFESSIONAL SERVICE CONFORMS TOTHE CURRENT ILLINOIS MNiMUM STANDARDS FOR A BOUNDARY SURVEY.
' DIMENSIONS ARE SHOWN IN FEET AND DECIMALS AND ARE CORRECTED TO A TEMPERATURE OF 68* FAHRENHEIT.
COMPARE THIS PLAT; LEGAL DESCRIPTION AND ALL SURVEY MONUMENTS BEFORE BUILDING, AND IMMEDIATELY REPORT ANY DISCREPANCIES TO THE SURVEYOR.
RIVER FOREST. ILLINOIS, JUNE 02, AO. 2020.
PLAT PREPARED FOR: OW PROPERTIES
2211 N. ELSTON AVE.
SUITE 304. CHICAGO IL 608.14
. LAWNICZAK. REGISTERED lUWOSS LAND SI
ROY O. LAWACZAK. REGISTERED ILLINCQ6 LAND SURVEYOR NO. 3S-2200 LICENSE EXPIRES: NOVEMBER 30, 3020 PROFESSIONAL DESIGN FIRM LICENSE NO.: 1S4-004S76 LICENSE EXPIRES: APRIL 30.2021
PROJECTNo. 2018^23083^1 ISSUE HATE": ; my_____
dbd\# 03-39-18-3862
PLAT PREPARED BY:
UNITED. SURVEY SERVICE, LLC
CONSTRUCTION AND LAND SURVEYORS 7710 CENTRAL AVENUE. RIVER FOREST; ILLINOIS. 80305 TEL.: (847) 239-1010 FAX: (847) 299 • S887 E-MAIL: USURVEY@USANDCB.COM'
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