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Record #: O2022-1166   
Type: Ordinance Status: Passed
Intro date: 4/27/2022 Current Controlling Legislative Body: Committee on Transportation and Public Way
Final action: 5/23/2022
Title: Release of restrictive use covenant regarding vacation of public alley within area bounded by W Hubbard St, N Morgan St, W Kinzie St and N Carpenter St
Sponsors: Burnett, Jr., Walter
Topic: ALLEY - Vacation
Attachments: 1. O2022-1166.pdf
ORDINANCE FOR RELEASE OF USE RESTRICTION COVENANT

WHEREAS, on September 29, 2004, the City Council of the City of Chicago ("City Council") passed a certain ordinance (C.J.P. pp. 32268 through 33373), (referred to herein as the "Vacation Ordinance"), which Vacation Ordinance provided for an industrial program ("Industrial Program") alley vacation ("Vacation") of all the east-west 12-foot public alley in the block bounded by N. Morgan Street, N. Carpenter Street, W. Hubbard Street and W. Kinzie Street ("Subject Property"), known previously as CDOT File Number 08-27-04-2777 for LaSalle Bank National Association, formerly known as LaSalle National Bank, as trustee, Trust Number 111789 (the beneficiary of such trust was Ansley Management Company, Inc.); and

WHEREAS, the Vacation Ordinance provided that the Vacation of the Subject Property was conditioned upon the recording of a restrictive use covenant running with the land ("Restrictive Use Covenant"), that required the Subject Property be used only for "manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only, and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and other similar uses and facilities"; and

WHEREAS, the Restrictive Use Covenant was recorded on March 23, 2005, with the Office of the Cook County Recorder of Deeds as Document Number 0508227137, and is attached hereto as Exhibit A; and

WHEREAS, the Vacation Ordinance was recorded on March 23. 2005 with the Office of the Cook County Recorder of Deeds as Document Number 0508227136, and is attached hereto as Exhibit B: and

WHEREAS, Section 5 of the Vacation Ordinance sets forth that the Restrictive Use Covenant "may be released or abandoned by the City only upon approval of the City Council which may condition its approval upon the payment of suc...

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