ORDINANCE
WHEREAS, the City of Chicago (the "City") is a home rule unit of government by virtue of the provisions of the Constitution of the State of Illinois of 1970, and as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, 600 S. Wells (Chicago III), LLC, a Delaware limited liability company ("Developer"), is the owner of a portion of the approximately 6.5-acre site located generally at 223-313 West Harrison Street, Chicago, Illinois, which is legally described on Exhibit C attached hereto and incorporated herein (the "Property"); and
WHEREAS, Developer intends to develop the Property with a multi-phase, mixed-use residential development (the "Project"); and
WHEREAS, the Property contains certain subsurface freight tunnels (the "Tunnels"). The locations ofthe Tunnels are depicted in Exhibit B attached hereto and incorporated herein. The Tunnels are integrated into a city-wide freight tunnel system that is operated and maintained by the City (the "Tunnel System"): and
WHEREAS, Developer has determined that it is necessary to fill the Tunnels, install bulkheads, and grout between bulkheads (the "Tunnel Work") in order to facilitate construction of future phases of the Project. Developer proposes to undertake the Tunnel Work at its sole cost and expense; and
WHEREAS, the City has determined that the Tunnels are not a necessary part of the Tunnel System. The City has no objection to Developer completing the Tunnel Work, provided that City access to the Tunnel System is unimpeded by the Tunnel Work and the Project; and
WHEREAS, the City has historically used a vertical access shaft abutting the Property at Polk Street to access the Tunnels and portions of the Tunnel System near the Property (the "Tunnel Access Point"). The Tunnel Work will permanently block subsurface connections from Polk Street to the Tunnels and such portions of the Tunnel System that lie to the north and east of the Property; and
WHE...
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