Record #: O2020-6016   
Type: Ordinance Status: Passed
Intro date: 12/16/2020 Current Controlling Legislative Body: Committee on Transportation and Public Way
Final action: 2/26/2021
Title: Vacation of public alley(s) in area bounded by N Ogden Ave, W Lake St, N Loomis St and W Randolph St
Sponsors: Burnett, Jr., Walter
Topic: ALLEY - Vacation
Attachments: 1. O2020-6016 (V1).pdf, 2. O2020-6016.pdf

COMMERCIAL VACATION ORDINANCE

 

 

 

 

WHEREAS, the City of Chicago ("City") is a home rule unit of local government pursuant to Article VII, Section 6 (a) of the 1970 Constitution of the State of Illinois and, as such, may exercise any power and perform any function pertaining to its government and affairs; and

 

 

WHEREAS, the properties at 165-189 N. Ogden Avenue, 155-163 N. Ogden Avenue and 1400-1410 W. Randolph Street are owned by MP Randolph High Rise LLC, a Delaware limited liability company ("Developer"); and

 

 

WHEREAS, the Developer proposes to use the portion of the alley to be vacated herein for inclusion in the construction of a new mixed use, rental building being built on the adjacent lots; 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: THAT PART OF AN EAST-WEST 10.0 FOOT WIDE PUBLIC ALLEY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 20 (BEING ON THE SOUTH RIGHT-OF-WAY OF SAID EAST-WEST PUBLIC ALLEY AND ALSO ON THE WESTERN TERMINUS OF SAID PUBLIC ALLEY PREVIOUSLY VACATED PORTION PER DOCUMENT NUMBER 15716021 RECORDED ON SEPTEMBER 10, 1953) IN BLOCK 1 IN UNION PARK ADDITION TO CHICAGO IN THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 39 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT (ANTE-FIRE) THEREOF RECORDED MAY 20, 1854 AS DOCUMENT NUMBER 51099: THENCE SOUTH 88 DEGREES 29 MINUTES 59 SECONDS WEST ALONG THE NORTH LINE OF SAID LOT 20 A DISTANCE OF 22.00 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF N. OGDEN AVENUE: THENCE NORTH 22 DEGREES 06 MINUTES 05 SECONDS EAST ALONG SAID RIGHT-OF-WAY LINE 10.91 FEET TO THE NORTH RIGHT-OF-WAY OF SAID EAST-WEST PUBLIC ALLEY, ALSO BEING THE SOUTHWEST CORNER OF LOT 23 IN SAID BLOCK 1; THENCE NORTH 88 DEGREES 29 MINUTES 59 SECONDS EAST ALONG THE SOUTH LINE OF LOT 23 IN SAID BLOCK 1 A DISTANCE OF 17.61 FEET TO SAID WESTERN TERMINUS OF SAID PUBLIC ALLEY PREVIOUSLY VACATED; THENCE SOUTH 01 DEGREE 38 MINUTES 41 SECONDS EAST ALONG THE WEST LINE OF SAID VACATED ALLEY 10.00 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS, SAID ABOVE DESCRIBED PARCEL CONTAINING 198 SQUARE FEET OR 0.0045 ACRES, MORE OR LESS, as shaded and

 

Page 1

 

 

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.

 

 

. SECTION 2. The vacation herein provided for is made with the express condition that within 180 days after the passage of this ordinance and its related documents, and prior to recording, the Developer shall 1) deposit in the City Treasury of the City of Chicago, a quoted sum sufficient to defray the cost of work to public paving, curb, and related appurtenances associated with their project in the event that the Developer defaults in its obligation to construct the directed improvements jn accordance with the most .current version of the. Chicago Department of Transportation's Regulations for Opening. Repair arid 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).

 

 

SECTION 3. The vacation herein provided for (s made upon the express condition that within 180 days after the passage of this ordinance, the Developer shall pay or cause to be paidto the City of Chicago as compensation for the benefits which will accrue to the owner of the property,   abutting    said    part    of    public    alley    hereby    vacated    the, sum

Seventy Thousand dollars ($ 70,000.00 ), which sum in the.judgmentof this body .will be" equai to such benefits.

 

 

SECTION 4. The vacation herein provided for is made with the express condition that the Developer, its successors and/or assigns, shall hoid harmless, indemnify and defend the City of Chicago from all claims related to said vacation.

 

 

SECTION 5. The vacation herein provided for are 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 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 Acting Superintendent of Maps and Plats.
                     - ,

 

 

SECTION 6. This ordinance shall take effect and be in force from and after its passage and publication. The vacation shall take effect and be in force from and after recording of the approved ordinance and plat.

 

 

 

 

 

 

 

Page 2

 

 

Vacation Approved:

Gia

Commissioner

 

Approved,as to Form and Legality

 

Arthur Dolinsky Senior Gounsel

 

 

Introduced By:

Honorable Walter Burnett s Alderman^ 27th Ward

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Page 3

 

EXHIBIT "A'

 

PLAT OF VACATION

OF

'D

THAT PART Of AN EAST-WEST WJ) FOOT WDE PUBLIC ALLEY OtSCRetO AS FOLLOWS'
8EGNNWC AT THE NORTHEAST CORNER OF LOT 20 <8E!NG ON Tl« SOUTH RIGHT-OF-WAY OF SAIO EAST-WEST
PU8UC ALLEY AND ALSO OH THE WESTERN TERUINUS OF SAIO PUBLIC ALLEY PREVIOUSLY VACATED PORTION PER OOCUUENT
NUMBER 15716021 RECORDED OH SEPTEMBER 10. 1953) H BLOCK 1 IN UNION PARK ADDITION TO CHEAGO IN THE SOUTHWEST 1/4 OF
SECTION 8, TOWNSKP M NORTH, RANGE U. EAST OF THE THIRD PRINCIPAL MERCIAN. ACCORDING TO THE PLAT (ANTE-FIRE)
THEREOF RECORDED UAY 20.1894 AS OOCUUENT NUUSER 5KW9' THENCE S0U1H 86 DECREES 29 UMUTES 15 SECONDS WEST ALONG
THE NORTH LINE OF SAID LOT 20 A DISTANCE OF 22.00 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF N. OGDEN AVENUE)
TKNCE NORTH 22 DEGREES OS MINUTES 05 SECONOS EAST ALONG SAO RIGHT-OF-WAY LNE 10.91 FEET TO THE NORTH   RIGHT-OF-WAY  „ „
Of SAK> EAST-WEST PUBLIC ALLEY. ALSO BtWC THE SOUTHWEST CORNER Of LOT 23 IN SM) BLOCK 1l THENCE NORTH 98 DECREES TSSSSSSSS^T
29 HNUTES 59 SECONDS CAST ALONG THE SOUTH LINE OF LOT 23 EN SAC BLOCK I A DISTANCE OF 17.61 FEET TO SAID WESTERN TERKHUS
                     r. »

OF SAO PUBLIC ALLEY PREVIOUSLY VACATED; THENCE SOUTH 01 DEGREE 38 WHITES 41 SECONOS EAST ALONG THE WEST LINE OF SAID VACATED ALLEY 10.00 FEET TO THE POINT OF BECWNKC. IN COOK COUNTY. ILLINOIS, SAIO ABOVE DESCRIBED PARCEL CONTMNMC 198 SQUARE FEET OR 0.0045 ACRES, MORE OR LESS.

 

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DEPARTMENT Of FINANCE

 

LEGEND ——

 

 

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CDOT# 0B-27-20-3B44

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

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

COMMITTEE MEMBERSHIPS TRANSPORTATION AND PUBLIC WAY (CHAIRMAN)

AVIATION

BUDGET & GOVERNMENT OPERATIONS

 

CITY OF CHICAGO CITY COUNCIL

ECONOMIC, CAPITAL & TECHNOLOGY DEVELOPMENT

FINANCE

 

COMMITTEES AND RULES

WORKFORCE DEVELOPMENT & AUDIT

COUNCIL CHAMBER CITY HALL ROOM 305 121 NORTH LASALLE STREET CHICAGO, ILLINOIS 60602 PHONE: 312-744-4810 FAX: 312-744-7738

 

 

 

February 24,  2 021

 

To the President and Members of the City Council:

 

Your Committee on Transportation and Public Way begs leave to report and recommend that Your Honorable Body pass the proposed ordinance transmitted herewith for a VACATIONS to MP RANDOLPH HIGH RISE, LLC - 02020-6016 A proposed vacation of the remaining approximately 20' length of a 10' wide ease-west deadended alley in the block bounded by West Lake Street, West Randolph Street, North Ogden Avenue and vacated North Loomis Street This ordinance was  referred to Committee  on December  16, 2020.

 

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

 

(Ward 27)

Howard Brookins, Jr., Chairman

 

 

Respectfully submitted,