SUBSTITUTE ORDINANCE
WHEREAS, the City of Chicago ("City") is a home rule unit of government by virtue of the provisions of the Constitution ofthe State of Illinois of 1970, and, as such, may exercise any power arid perform any function pertaining to its government and affairs; and
WHEREAS, the City, through the foreclosure of demolition liens, tax sales and other methods of acquisition, has acquired title to numerous parcels of real property which are of minimal value and costly to clean up and maintain, and because title to such properties was vested in the City, the properties were exempted from real estate taxes, thus depriving the City of revenue; and
WHEREAS, pursuant to an ordinance (the "Original Program Ordinance") adopted by the City Council of the City ("City Council") on March 6, 1981 and published on pages 5584 - 5585 of the Journal of Proceedings of the City Council ("Journal") for such date, the City established a program for the disposition of certain vacant real property owned by the City known as the Adjacent Neighbors Land Acquisition Program; and
WHEREAS, the Original Program Ordinance was amended by ordinances adopted on July 23, 1982 and published in the Journal for such date at pages 11830 - 11833, and on January 7, 1983 and published in the Journal for such date at pages 14803 - 14805 (the Original Program Ordinance and such two amending ordinances, collectively, the "Original AN LAP Ordinances"); and
WHEREAS, pursuant to an ordinance adopted by the City Council on September 14,1994 and published in the Journal for such date at pages 56195 - 56198, the City Council repealed the Original ANLAP Ordinances, and established a new program, also known as the Adjacent Neighbors Land Acquisition Program, for the disposition of certain vacant real property owned by the City, which ordinance was subsequently amended by ordinances adopted on September 4, 2002 and published in the Journal for such date at pages 92771 - 92773, and on July 28, 2010 and published in the Journal for such date at pages 97370 - 97374, and on June 25, 2014 and published in the Journal for such date at pages 83533 - 83535 (such new program, as amended, the "ANLAP Program"); and
WHEREAS, pursuant to the current ANLAP Program, as codified at Municipal Code Chapter 2-159-010 et seq. (the "ANLAP Program Ordinance"), a qualified City-owned parcel may be sold if it has an appraised value of not more than Fifty Thousand Dollars ($50,000); and
WHEREAS, pursuant to the ANLAP Program: (i) if the property appraises at or for less than Ten Thousand Dollars ($10,000.00) the minimum acceptable bid must be at least One Thousand Dollars ($1,000.00); or (ii) if the property appraises at or for less than Twenty Thousand Dollars ($20,000.00) but more than Ten Thousand Dollars ($10,000.00) the minimum acceptable bid must be at least Two Thousand Dollars ($2,000.00); or (iii) if the property appraises for more than Twenty Thousand Dollars ($20,000.00) the minimum acceptable bid must be Two Thousand Dollars ($2,000.00), plus fifty percent (50%) of the appraised value which exceeds Twenty Thousand Dollars ($20,000.00); and
WHEREAS, pursuant to the ANLAP Program, an Adjacent Neighbor means a person who owns one parcel, or two or more contiguous parcels, of real property that is immediately adjacent to a city-owned parcel and at least one of the parcels is an improved parcel which the person occupies as his primary residence; and
WHEREAS, pursuant to the ANLAP Program, any deed conveying a parcel
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pursuant thereto shall contain covenants which: (1) prohibit the grantee from conveying, assigning or otherwise transferring the parcel except in conjunction with the sale of the real estate on which grantee's primary residence is located; and (2) require that the parcel be improved with landscaped open space within six (6) months of the conveyance of such parcel and prohibit the construction of any permanent improvements on the parcel, excluding only improvements made by the grantee on the1 parcel that constitute an integrated addition to the grantee's primary residence, or a garage appurtenant thereto; and (3) require the grantee to maintain the parcel in accordance with the provisions of the Municipal Code of Chicago. The covenants shall terminate ten (10) years after the date ofthe conveyance of the parcel to the grantee; and
WHEREAS, the Department of Planning and Development ("DPD") of the City desires to convey the vacant parcel of real property identified on Exhibit A to this ordinance (the "ANLAP Parcel") to Dwight Lee (the "Purchaser"), who has a principal residence of 2939 West Fulton Street, Chicago, Illinois 60612, which ANLAP parcel is located in the Kinzie Industrial Conservation Redevelopment Project Area ("Area") established pursuant to ordinances adopted by the City Council of the City of Chicago on June 10, 1998, published in the Journal of Proceedings ofthe City Council for such date at pages 70502 through 70510; and; and
WHEREAS, DPD has caused notice ofthe proposed sale ofthe ANLAP Parcel to be sent to all eligible adjacent neighbors (if any) and has also caused public notice advertising the City's intent to enter into the sale of the ANLAP Parcel to the Purchaser to be published in the Chicago Tribune on October 28, 2020; and
WHEREAS, Purchaser's proposal was the only proposal received by the deadline indicated in the aforesaid notice; and
WHEREAS, pursuant to Resolution Number 21-002-21 adopted on January 21, 2021, by the Plan Commission of the City of Chicago ("Commission"), the Commission approved the sale ofthe ANLAP Parcel to the Purchaser; now, therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. The City hereby accepts the bid of the Purchaser to purchase the ANLAP Parcel, which purchase shall be subject to all ofthe terms, conditions, covenants and restrictions of the ANLAP Program and the ANLAP Program Ordinance.
SECTION 2. The Mayor or his proxy is authorized to execute, and the City Clerk or Deputy City Clerk is authorized to attest, a quitclaim deed conveying the ANLAP Parcel to the Purchaser for the purchase price of Eleven Thousand Dollars ($11,000.00). Such deed shall include a covenant obligating the Purchaser to use the ANLAP Parcel only for a use consistent with the land uses permitted under the redevelopment plan for the Area and consistent with the requirements ofthe ANLAP Program Ordinance.
SECTION 3. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity of such provision shall not affect any ofthe other provisions of this ordinance.
SECTION 4. All ordinances, resolutions, motions or orders inconsistent with this ordinance are hereby repealed to the extent of such conflict.
SECTION 5. This ordinance shall take effect upon its passage and approval.
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EXHIBIT A
Bidder: Dwight Lee
Bidder's Address: 2939 W Fulton Street, Chicago, Illinois 60612
Appraised Value ("as is"): $38,000.00
Bid Amount: $11,000.00
Legal Description (Subject to Title Commitment and Survey):
Lot 56 in Flint's addition to Chicago, a subdivision of Blocks 4, 5, 10. 11, 18, 19, 25 and 26 in Lee and Others subdivision ofthe southwest quarter of Section 12, Township 39 North, Range 13, East ofthe Third Principle Meridian, In Cook County, Illinois.
Address:
Property Index Number:
2943 West Fulton Street Chicago, Illinois 60612
16-12-310-008-0000