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 approximately 833-845 S. Wabash Avenue and 824-834 S. Michigan Avenue are owned by Michigan 830 LLC an Illinois limited liability company ("Developer"); and
WHEREAS, the Developer proposes to use the portion of the alley remnant to be vacated herein to expand their adjacent surface parking lot and other upgrades; and
WHEREAS, the City Council of the City of Chicago, after due investigation and consideration, has determined that the nature and extent ofthe 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:
ALL OF THE EAST-WEST 11 FOOT WIDE ALLEY AND THAT PART OF THE NORTH-SOUTH 10 FOOT WIDE ALLEY DEDICATED FOR PUBLIC ALLEY LYING NORTH OF THE SOUTH LINE OF THE NORTH HALF OF LOT 9 IN BLOCK 17 IN FRACTIONAL SECTION 15, TOWNSHIP 39 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, AS SHOWN ACCORDING TO ANTE-FIRE PLAT ENTITLED "PLAT OF THE WEST 10 FEET OF LOT 9 AND THE EAST 80 FEET OF LOT 10 IN BLOCK 17 FRACTIONAL SECTION 15 ADDITION TO CHICAGO, TOGETHER WITH PORTIONS OF LOTS 7, 8, 9 AND 10 HEREBY DEDICATED AS A PUBLIC ALLEY", RECORDED JULY 5, 1870 AS DOCUMENT NO. 58426, IN BOOK 171 OF MAPS, PAGE 85, AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 9; THENCE NORTH 89 DEGREES 14 MINUTES 21 SECONDS ALONG THE SOUTH LINE OF LOT 9 AFORESAID 10.00 FEET; THENCE NORTH 00 DEGREES 01 MINUTES 27 SECONDS WEST ALONG A LINE 10 FEET WEST AND PARALLEL WITH THE WEST LINE OF LOT 9 AFORESAID 40.19 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 01 MINUTES 27 SECONDS WEST 25.69 FEET; THENCE NORTH 56 DEGREES 50 MINUTES 30 SECONDS WEST 16.13 FEET; THENCE SOUTH 89 DEGREES 14 MINUTES 39 SECONDS WEST 76.50 FEET TO THE WEST LINE OF THE EAST 80 FEET OF SAID LOT 10; THENCE NORTH 00 DEGREES 01 MINUTES 27 SECONDS WEST 11.00 FEET; THENCE NORTH 89 DEGREES14 MINUTES 39 SECONDS EAST 80.00 FEET TO A POINT ON|THE WEST LINE OF SAID LOT 8; THENCE SOUTH 00 DEGREES 01 MINUTES 27 SECONDS ^AST
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ALONG THE WEST LINE OF LOT 8 AFORESAID 1.50 FEET; THENCE SOUTH 79 DEGREES 25 MINUTES 07 SECONDS EAST 20.35 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 9; THENCE SOUTH 00 DEGREES 01 MINUTES 36 SECONDS EAST 40.19 FEET TO SOUTH LINE OF THE NORTH HALF OF SAID LOT 9; THENCE SOUTH 89 DEGREES 14 MINUTES 27 SECONDS WEST ALONG THE SOUTH LINE OF THE NORTH HALF OF LOT 9 AFORESAID 10.00 FEET TO THE POINT OF BEGINNING,IN COOK COUNTY, ILLINOIS. SAID ABOVE DESCRIBED PARCEL CONTAINING 1,438 SQUARE FEET OF LAND, 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.
SECTION 2. The City of Chicago hereby reserves for the benefit of Commonwealth Edison, Crowncastle, RCN, Comcast and their 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 ofthe vacated public way shall not be altered in a manner so as to interfere with the operation and maintenance of said utilities. No construction, buildings, permanent structures or obstructions shall occur or be placed over the area herein vacated without express written release of easement by Commonwealth Edison, Crowncastle, RCN, Comcast, their successors or assigns. 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 of this 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 ($ ),
which sum in the judgment of this body will be equal to such benefits.
SECTION 4. The vacation herein provided for is made under the express condition thatthe Developer, its successors and assigns, shall hold harmless, indemnify and defend the City of Chicago from all claims related to said vacation.
SECTION 5. The vacation herein provided for is 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 Cook County Clerk/ Recordings Division, Illinois a certified copy of this ordinance, together with the associated full sized plat as approved by the Superintendent of Maps and Plats.
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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.
Vacation Approved:
Gisrwgi Commissioner or transportation
Approved as to Form and Legality
Arthur Dolinsky Senior Counsel
Introduced By:
EXHIBIT "A"
PLAT OF VACATION
ALL OF THE £AS! WEST '. I FOOT WIDE All£Y AND I HAT PART OF Vi'E NOR TH-SOUTH I0FOOT WlOli ALLcY
DEDICATED FOR PUBLIC A| LEY lYIMO NORTH OF THE SOUTH LINE OF THE NOR IV-. HALF OF LOT 9 !N BLOCK ■ / IN
FRACTIONAL SUCTION :t, TOVWSnlP 3S NORTK RANGE 14 EAST OF THE THIRI5 PRINCIPAL MFPiOIAM AS SHOWN
ACCORDING TO ANTC.P1R1; oiat ENTITLED 'PLAT OF THE vVEST !Q FEET OF LOT 0 AND THE EAST WJ FEET Or
LOT IC IN BLOCK >: FRAC dONA; SFCTlON 15 ADO>TICN '•■ 'CHK' AiJO TOGETHER WITH =OR'ICNS OF LOTS 7 8 9
AND 10 HEREBY DEDICA! ED AS A PUBLIC ALLEY". RECORDED JULY 5. 1870 AS DOCUMENT MO. 58426, IN
BOOK 171 OF MAPS. PAGE a5. AND DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF SAID
LOT 9 THENCE NORrH 89 DEGREES '.1 MINUTES 21 SECONDS ALONG THE SOUTH LINE OF LOT 9 AFORESAID 10 00
FEET. THENCE NOR TH 00 DEGREES 01 MINUTES 27 SECONDS WEST ALONG A LiNE 10 FEET WEST AND PARALLEL
WITH THE WEST LINE OF LOT 9 AFORESAID 40 19 FEET TO THE POINT OF BEGINNING. THENCE NORTH 00 DEGREES
01 MINUTES 27 SECONDS WEST 25 09 FEET. THENCE NORTH 56 DEGREES 50 MINUTES 30 SECONDS WEST IS !3
FEE T. THENCE SOUTH 89 DEGREES 14 MINUTES 39 SECONDS WEST 76 50 FEET TO THE WEST LINE OF THE FAST 80
FEET OF SAID LOT 10. THENCE NORTH 00 DEGREES 01 MINUTES 27 SECONDS WEST 11 00 FEET. THENCE NORTH 39
OEGREES14 MINUTES 3S SECONDS EAST 80 00 FEET TO A FOINT ON THE WEST LINE OF SAID LOT 8, THENCE SOUTH
00 DEGREES 01 MINUTES 27 SECONDS EAST ALONG THE WEST UNE OF LOT 8 AFORESAID 1.50 FEET. THENCE
SOUTH 79 DEGREES 25 MINUTES 07 SECONDS EAST 20.35 FEET TO A. POINT ON THE NORTH LINE OF SAID LOT 9.
THENCE SOUTH 00 DEGREES 01 MINUTES 36 SECONDS EAST 40 19 FEET TO SOUTH LINE OF THE NORTH HALF OF
SAID LOT 9. THENCE SOUTH 89 DEGREES 14 MINUTES 27 SECONDS WEST ALONG THE SOUTH LINE OF THE NORTH
HALF OF LOT 9 AFORESAID 10.00 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY. ILLINOIS
SAID ABOVE DESCRIBED PARCEL CON fAINING 1.438 SQUARF FEE X OF LAND, MORE OR LESS
E. 8TH. STREET
(RECORC 66 FT. PUBLIC R.O W )
in
"#3?
rVT KDffTH LW Of LOT 10
* HEREBY VACATED^ S8914'39^if^
SUB LOT t ' a ■ '
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fi LOT 7
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... iO.at /-S-StT UAG N«L AT CORNER
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-POINT OF BEGINNING '
."Hj.'ir-jf cowuihccuemt^^*' <B-!« J^-sn u*n -lAll at corwer south west zomo* or w>i« :i t lot a ..
E. 9TH. STREET
(RECORD 65 FT. PUBUC R O.W )
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EXHIBIT "A"
PLAT OF VACATION
AFFECTO FINS
i15-305-028 SOuTh HALF OF -lOI' 9 :N FRAC SEC 15-39- 14 :7-i5-305-0'ia SOUTH HALF CF -_OT 9 IN FRAC SEC 15-3S-14 17-15-305-01 7 NORTH HALF OF LOT 9 & LOT 8 IN FRAC SEC 15-39-14 17-15-305-010 PART OF LOT 10 IN FRAC SEC 15-39-14 I7-I5-3C5-C07 SUB LOT 2 !!>; CANAL 4 TRUSTEES SUBDIViON 1 7-15-305-008 SUB LOT 2 N CANAL a TRUSTEES SUBDIVION
CHICAGO DEPARTMENT OF FINANCE
CHICAGO DEPARTMENT OF TRANSPORTATION
BUILDING
FOOTPRINT HATCH
HEREBY VACATED
RECORD LINES
— r ' UNDERLYING LOTS.
; — BOUNDARY LINES''
:—7-— PENDING VACATION
BOUNDARY (R) RECORD^, (M) MEASURED'
TRAFRcTlOW TRAFFIC FLOW ■
PREPARED FOR & MAIL TO:
Jordan Macavity
190 Liberty Road Suite One.
Crystal Lake, ll'60O14
CDOT# 15-04-21-3972
SURVEYOR'S NOTES:
Fwid measurements completed on DECEMBER 7, 2011.
EXCEPT FOR BUILDING FOOTPRINTS. IMPROVEMENTS HAVE SEEN OMiTTED AT CLIENTS REQUEST
ZONING
DX-iaDOWNTO'AN MIXED-USE DISTRICT , PO 1323 RESIDENTIAL BUSINESS PLANNED DEVELOPMENT
SURVEYOR'S LICENSE EXPIRES NOVEMBER 30, 2022 DESIGN FIRM UCENSE EXPIRES APRIL 30, 2023
Note (R) d tiM) dsnotes Record and Measurod distances rftssucfrveiy
Distances wo markud in feet and dficwiai parts Ihytecf Ccmparn ail points BEFORE buiiding by same and al once raport any -Jiffs n» nee b BEFORE damage n done
For easements, building lines nnd airier rosl notions not crown on survey plal refer to ycur abstract, dead, conlract title policy nnd ioral building lire rofiul^liong.
MO dimensions i*iall bo assumed by scale rnoa^urenrjnt \ibhp !ivs plat
Unless ntherwsfl noled hercan the Bcunng 3ii3i5. Elevation Oatum jnd Coordinate Datum if used is ASSUMED ,
COPYRIGHT GREMLEY a BlEDERMANN INC 2021 "All Rights Reserved"
State of Woota) County of Cook)n
We. OREMLEV & BlEDERMANN, INC. toraby certify (fiat we haw curYBywJ ifta sbova daacrbad property and that (So pW heroon drawn ii a correct mpmantjton ofuU aurvty oocracted to a lamperBfeira cf 02" Fahrafirtot Th* prcrfantonal aatvfao eorrftinna to tho currant lllnohv mJnhutn itandnnfc for a boundary aurvay.
Held meaauremorrta completed Sfcaod on SEPTEMBER 27.2021.
'*.t-f.)
Rotwrt C. UWcrmnJin. ProfaMion»l.l!lni>l» Land Survayef1! My Ueania expires NovontiMr 30. 3 DESIGN FIRM LICENSE EXPIRES A
:c-'-:<i laumg.
REVISED SEPTEMER 27. 2021 #2021-29334 ;831
•VV GREMLEY S BlEDERMANN
2020-28157-001
JX3i-T^'M-v
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