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Type:
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Ordinance
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Status:
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Passed
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Title:
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Vacation of public way(s) in area bounded by N Elston Ave, W Dickens Ave, N Southport Ave and W Willow St
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Topic:
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ALLEY - Vacation, - STREETS - Vacations
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SUBSTITUTE COMMERCIAL VACATION ORDINANCE WHEREAS, the City of Chicago ("City ") is a home rule unit of local government pursuant to Article VII, Section 6 (a), ofthe 1970 Constitution ofthe State of Illinois and, as such, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, Alloy Property Company, LLC, a Delaware limited liability company, owns certain parcels generally bounded by W. Dickens Avenue, N. Kingsbury Street, and the North Branch of the Chicago River (approximately W. Cortland Street), and having the addresses of 1441 -1463 W. Cortland Street, 1501 -1511 W. Cortland Street, 1515-1525 W. Cortland Street, 2044-2048 N. Southport Avenue, 1425-1443 W. Dickens Avenue, 1400-1410. W. McLean Avenue, 1414-1430 W. McLean Avenue, 1401-1443 W. McLean Avenue, 2050-2068 N. Dominick Avenue, 1841-1861 N. Elston Avenue, 1436-1440 W. Armitage Avenue, and 1433-1435 W. Armitage Avenue; and. WHEREAS 1511 W. Webster LLC, a Delaware limited liability company, owns certain parcels located at approximately 2070-2082 N. Dominick Street; and WHEREAS, the two above-named limited liability companies shall henceforth be referred to collectively as the "Developers"; and WHEREAS, the Developers propose to use the portions of the streets and alleys herein vacated for inclusion in a mixed-use development associated with Planned Development 1439, as approved by the City Council of the City ("City Council") on March 13, 2019 ("Planned Development 1439"); and WHEREAS, the City Council, 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 those portions of the public street, described in the following ordinance; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: SECTION 1. VACATION OF: ALL THAT (PARCEL V6) PART OF THE NORTH-SOUTHERLY 16 FOOT WIDE PUBLIC ALLEY LYING EASTERLY OF AND ADJOINING LOTS 5 TO 10, AND LYING WEST OF AND ADJOINING THAT PART OF LOT 1, ALL INCLUSIVE, IN THE SUBDIVISION OF LOT 1 OF BLOCK 17 IN SHEFFIELD'S ADDITION TO CHICAGO IN SECTION 32, TOWNSHIP 40 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED MARCH 31, 1894 AS DOCUMENT NUMBER 2016956, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 10 AFORESAID; THENCE NORTH 61 DEGREES 17 MINUTES 14 SECONDS EAST ALONG THE EASTERLY EXTENSION OF THE SOUTHERLY LINE OF LOT 10 AFORESAID 16.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 11N THE SUBDIVISION OF LOT 1 OF BLOCK 17 AFORESAID; THENCE NORTH 29 DEGREES 28 MINUTES 20 SECONDS WEST ALONG SAID WESTERLY LINE OF LOT 1, A DISTANCE OF 150.00 FEET TO THE INTERSECTION WITH THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 5 AFORESAID; THENCE SOUTH 61 DEGREES 17 MINUTES 14 SECONDS WEST ALONG SAID EASTERLY EXTENSION 16.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 5; THENCE SOUTH 29 DEGREES 28 MINUTES 20 SECONDS EAST ALONG THE EASTERLY LINE OF LOTS 5 T010, INCLUSIVE, 150.00 FEETTOTHE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS, SAID ABOVE DESCRIBED PARCEL CONTAINING 2,400 SQUARE FEET OR 0.055 ACRES, MORE OR LESS. TOGETHER WITH (PARCEL V1) THAT PART OF N. DOMINICK STREET, 66 FOOT RIGHT OF WAY, LYING EASTERLY OF AND ADJOINING THAT PART OF LOT 7, LOTS 8 THRU 10, AND THAT PART OF LOT 11, ALL INCLUSIVE, IN BLOCK 6 IN W.F. DOMINICK'S SUBDIVISION, ANTE-FIRE, OF LOTS 1, 2 & 3 OF BLOCK 14 OF SHEFFIELD'S ADDITION TO CHICAGO IN SECTIONS 29, 31, 32 & 33, TOWNSHIP 40 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 13, 1853, ANTE-FIRE, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH HALF OF LOT 9 AFORESAID WITH THE WESTERLY LINE OF N. DOMINICK STREET; THENCE NORTH 31 DEGREES 04 MINUTES 00 SECONDS WEST ALONG SAID WESTERLY LINE 48.95 FEET; THENCE CONTINUING ALONG SAID WESTERLY LINE NORTH 23 DEGREES 16 MINUTES 12 SECONDS WEST 111.79 FEET TO A POINT 12.99 FEET NORTHERLY OF THE SOUTH LINE OF W. DICKENS AVENUE EXTENDED; THENCE SOUTH 34 DEGREES 55 MINUTES 14 SECONDS EAST 361.12 FEET; THENCE SOUTH 14 DEGREES 57 MINUTES 11 SECONDS WEST 7.80 FEET; THENCE SOUTH 64 DEGREES 49 MINUTES 09 SECONDS WEST 29.57 FEET TO THE WESTERLY LINE OF N. DOMINICK STREET AFORESAID, ALSO BEING ON THE EAST LINE OF LOT 11; THENCE NORTH 32 DEGREES 18 MINUTES 41 SECONDS WEST ALONG SAID WESTERLY LINE 203.03 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS, SAID ABOVE DESCRIBED PARCEL CONTAINING 8,689 SQUARE FEET OR 0.199 ACRES, MORE OR LESS. TOGETHER WITH (PARCEL V2) THAT PART OF THE EAST-WEST 16 FOOT WIDE PUBLIC ALLEY, LYING SOUTH OF AND ADJOINING LOTS 15 TO 18, INCLUSIVE, AND THAT PART OF LOT 19; AND LYING NORTH OF AND ADJOINING THAT PART OF LOT 22, ADJOINING THAT PART OF LOTS 23 AND 24; AND LYING WEST OF AND ADJOINING THAT PART OF SAID 16 FOOT WIDE PUBLIC ALLEY HERETOFORE VACATED BY ORDINANCE PASSED MARCH 9, 1995 AND RECORDED AUGUST 30, 1995 AS DOCUMENT NO. 95574351; ALL IN BLOCK 4 IN W. F. DOMINICK'S SUBDIVISION, ANTE-FIRE, OF LOTS 1,2 AND 3 IN BLOCK 14 IN SHEFFIELD'S ADDITION TO CHICAGO IN SECTION 32, TOWNSHIP 40 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 13, 1853, ANTE-FIRE, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 21 IN BLOCK 4 AFORESAID; THENCE NORTH 89 DEGREES 02 MINUTES 50 SECONDS EAST ALONG THE NORTH LINE OF BLOCK 4 AFORESAID 6.87 FEET; THENCE SOUTH 34 DEGREES 54 MINUTES 46 SECONDS EAST 144.75 FEET TO THE NORTH LINE OF SAID 16 FOOT WIDE PUBLIC ALLEY, ALSO BEING ON THE SOUTH LINE OF SAID LOT 19, AND THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 01 MINUTES 20 SECONDS EAST ALONG SAID NORTH LINE 113.20 FEET TO THE WEST LINE OF THAT PART OF SAID 16 FOOT WIDE PUBLIC ALLEY HERETOFORE VACATED BY ORDINANCE AFORESAID, AND BEING THE SOUTHEAST CORNER OF SAID LOT 15; THENCE SOUTH 01 DEGREES 52 MINUTES 29 SECONDS EAST 16.00 FEET TO THE SOUTH LINE OF SAID 16 FOOT WIDE PUBLIC ALLEY, ALSO BEING THE NORTHEAST CORNER OF SAID LOT 24; THENCE SOUTH 89 DEGREES 01 MINUTES 20 SECONDS WEST ALONG SAID SOUTH LINE 102.68 FEET; THENCE NORTH 34 DEGREES 54 MINUTES 46 SECONDS WEST 19.28 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS, SAID ABOVE DESCRIBED PARCEL CONTAINING 1,727 SQUARE FEET OR 0.040 ACRES, MORE OR LESS. TOGETHER WITH (PARCEL V3) THAT PART OF W. McLEAN AVENUE, 66 FOOT RIGHT OF WAY, LYING SOUTH OF AND ADJOINING THAT PART OF LOTS 24 AND 25 IN BLOCK 4 IN W.F. DOMINICK'S SUBDIVISION, ANTE-FIRE, OF LOTS 1, 2 & 3 OF BLOCK 14 OF SHEFFIELD'S ADDITION TO CHICAGO IN SECTIONS 29,31,32 & 33, TOWNSHIP 40 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 13, 1853, ANTE-FIRE, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 22 IN BLOCK 4 AFORESAID, BEING ALSO ON THE NORTH LINE OF W. McLEAN AVENUE; THENCE NORTH 88 DEGREES 59 MINUTES 49 SECONDS EAST ALONG SAID NORTH LINE 42.50 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 24, AND THE POINT OF BEGINNING; THENCE CONTINUING NORTH 88 DEGREES 59 MINUTES 49 SECONDS EAST ALONG SAID NORTH LINE 26.11 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 25; THENCE SOUTH 64 DEGREES 49 MINUTES 09 SECONDS WEST 21.99 FEET; THENCE NORTH 34 DEGREES 54 MINUTES 46 SECONDS WEST 10.85 FEET TO THE NORTH LINE OF W. McLEAN AVENUE AND THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS, SAID ABOVE DESCRIBED PARCEL CONTAINING 118 SQUARE FEET OR 0.003 ACRES, MORE OR LESS. TOGETHER WITH (PARCEL V4) THAT PART OF N. SOUTHPORT AVENUE, 66 FOOT RIGHT OF WAY, LYING NORTH OF AND ADJOINING THAT PART OF N. SOUTHPORT AVENUE HERETOFORE VACATED BY ORDINANCE RECORDED JANUARY 5, 1994 AS DOCUMENT NUMBER 94014634, LYING WEST OF AND ADJOINING BLOCK 1 IN THE SUBDIVISION OF BLOCK 13 IN SHEFFIELD'S ADDITION TO CHICAGO ACCORDING TO THE PLAT THEREOF, RE-RECORDED NOVEMBER 22,1882, AS DOCUMENT NO. 433835, ANTE-FIRE, AND LYING EAST OF AND ADJOINING BLOCK 4 IN W.F. DOMINICK'S SUBDIVISION, ANTE-FIRE, OF LOTS 1, 2 & 3 OF BLOCK 14 OF SHEFFIELD'S ADDITION TO CHICAGO IN SECTIONS 29, 31, 32 & 33, TOWNSHIP 40 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 13, 1853, ANTE-FIRE, TOGETHER WITH THAT PART OF W. McLEAN AVENUE, 66 FOOT RIGHT OF WAY, LYING WEST OF AND ADJOINING WEST SOUTHPORT AVENUE AFORESAID, LYING SOUTH OF AND ADJOINING BLOCK 4 AND LYING NORTH OF AND ADJOINING BLOCK 5 ALL IN W.F. DOMINICK'S SUBDIVISION AFORESAID, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 10 IN BLOCK 4 AFORESAID, BEING ON THE NORTH LINE OF W. McLEAN AVENUE AND THE WEST LINE OF N. SOUTHPORT AVENUE; THENCE NORTH 01 DEGREES 51 MINUTES 31 SECONDS WEST ALONG THE WEST LINE OF N. SOUTHPORT AVENUE 32.36 FEET; THENCE NORTH 64 DEGREES 49 MINUTES 09 SECONDS EAST 44.34 FEET; THENCE SOUTH 46 DEGREES 14 MINUTES 43 SECONDS EAST 36.15 FEET TO THE NORTHWEST CORNER OF LOT 64 IN BLOCK 1 IN THE SUBDIVISION OF BLOCK 13 IN SHEFFIELD'S ADDITION TO CHICAGO AFORESAID, BEING ALSO ON THE EAST LINE OF N. SOUTHPORT AVENUE; THENCE SOUTH 01 DEGREES 51 MINUTES 31 SECONDS EAST ALONG SAID EAST LINE 91.07 FEET TO THE NORTH LINE OF HERETOFORE VACATED N. SOUTHPORT AVENUE AFORESAID; THENCE SOUTH 88 DEGREES 59 MINUTES 49 SECONDS WEST ALONG SAID NORTH LINE, BEING ALSO THE EASTERLY EXTENSION OF THE SOUTH LINE OF W. McLEAN AVENUE AND THE NORTH LINE OF BLOCK 5 AFORESAID, 280.11 FEET; THENCE NORTH 15 DEGREES 34 MINUTES 27 SECONDS EAST 3.48 FEET; THENCE NORTH 64 DEGREES 49 MINUTES 09 SECONDS EAST 152.99 FEET TO THE NORTH LINE OF W. McLEAN AVENUE, ALSO BEING THE SOUTH LINE OF SAID BLOCK 4; THENCE NORTH 88 DEGREES 59 MINUTES 49 SECONDS EAST ALONG SAID NORTH LINE 72.55 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS, SAID ABOVE DESCRIBED PARCEL CONTAINING 16,661 SQUARE FEET OR 0.382 ACRES, MORE OR LESS. TOGETHER WITH (PARCEL V5) THENCE PART OF W. ARMITAGE AVENUE, 50 FOOT RIGHT OF WAY, LYING WEST OF AND ADJOINING THAT PART OF W. ARMITAGE AVENUE HERETOFORE VACATED BY ORDINANCE RECORDED JANUARY 5, 1994 AS DOCUMENT NUMBER 94014634, LYING SOUTH OF AND ADJOINING BLOCK 1 AND LYING NORTH OF AND ADJOINING BLOCK 2 ALL IN J.F. LAWRENCE'S SUBDIVISION, ANTE-FIRE, OF LOT 4 OF BLOCK 14 OF SHEFFIELD'S ADDITION TO CHICAGO IN SECTIONS 29, 31, 32 & 33, TOWNSHIP 40 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 13, 1853, ANTE-FIRE, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF W. ARMITAGE AVENUE (ALSO BEING THE SOUTH LINE OF SAID BLOCK 1) WITH THE WEST LINE OF HERETOFORE VACATED W. ARMITAGE AVENUE AFORESAID, BEING A POINT 346.58 FEET WEST OF THE WEST LINE OF HERETOFORE VACATED N. SOUTHPORT AVENUE, VACATED BY ORDINANCE RECORDED JANUARY 5, 1994 AS DOCUMENT NUMBER 94014634; THENCE SOUTH 18 DEGREES 33 MINUTES 18 SECONDS EAST 52.21 FEET ALONG SAID WEST LINE OF HERETOFORE VACATED W. ARMITAGE AVENUE TO THE SOUTH LINE OF W. ARMITAGE AVENUE (ALSO BEING THE NORTH LINE OF SAID BLOCK 2) BEING A POINT 331.58 FEET WEST OF THE WEST LINE OF HERETOFORE VACATED N. SOUTHPORT AVENUE AFORESAID; THENCE SOUTH 88 DEGREES 10 MINUTES 29 SECONDS WEST ALONG SAID SOUTH LINE 83.02 FEET TO THE NORTHWEST CORNER OF LOT 13 IN BLOCK 2 AFORESAID; THENCE NORTH 25 DEGREES 53 MINUTES 09 SECONDS WEST 54.76 FEET TO THE SOUTHWEST CORNER OF LOT 15 IN BLOCK 1 AFORESAID, BEING ALSO ON THE NORTH LINE OF W. ARMITAGE AVENUE; THENCE NORTH 88 DEGREES 10 MINUTES 29 SECONDS EAST ALONG SAID NORTH LINE 90.32 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS, SAID ABOVE DESCRIBED PARCEL CONTAINING 4,333 SQUARE FEET OR 0.099 ACRES, MORE OR LESS. AND TOGETHER WITH (PARCEL V7) THAT PART OF N. DOMINICK STREET, 66 FOOT RIGHT OF WAY, LYING EASTERLY OF AND ADJOINING THAT PART N. DOMINICK STREET HERETOFORE VACATED BY ORDINANCE RECORDED AS DOCUMENT NUMBER 16509792, IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 40 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING ON THE WEST LINE OF N. DOMINICK STREET AT A POINT 33 FEET NORTHERLY OF THE SOUTHEAST CORNER OF LOT 11 IN BLOCK 6 IN W.F. DOMINICK'S SUBDIVISION, ANTE-FIRE, OF LOTS 1, 2 & 3 OF BLOCK 14 OF SHEFFIELD MINUTES S ADDITION TO CHICAGO IN SECTIONS 29, 31, 32 & 33, TOWNSHIP 40 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 13,1853, ANTE-FIRE, BEING ALSO A POINT ON A NORTHERLY LINE OF HERETOFORE VACATED DOMINICK STREET AFORESAID; THENCE NORTH 88 DEGREES 07 MINUTES 18 SECONDS EAST ALONG SAID NORTHERLY LINE 8.00 FEET TO THE NORTHEASTERLY LINE THEREOF; THENCE SOUTH 54 DEGREES 35 MINUTES 37 SECONDS EAST ALONG SAID NORTHEASTERLY LINE 69.38 FEET TO THE POINT OF BEGINNING; THENCE NORTH 64 DEGREES 49 MINUTES 09 SECONDS EAST 5.08 FEET; THENCE SOUTH 33 DEGREES 40 MINUTES 15 SECONDS EAST 12.40 FEET TO THE NORTHEASTERLY LINE OF HERETOFORE VACATED DOMINICK STREET AFORESAID; THENCE NORTH 54 DEGREES 35 MINUTES 37 SECONDS WEST ALONG SAID NORTHEASTERLY LINE 14.08 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS, SAID ABOVE DESCRIBED PARCEL CONTAINING 31 SQUARE FEET OR 0.001 ACRES, MORE OR LESS. TOTAL AREA OF THE ABOVE DESCRIBED PARCELS = 33,959 SQUARE FEET, OR 0.78 ACRES, MORE OR LESS, as shaded and legally described by the words "HEREBY VACATED" on the plat hereto attached as EXHIBIT A (CDOT File: 32-02-20-3935), which plat for greater clarity, is hereby made a part ofthis 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 vacations shall be governed by and is subject to the conditions of Planned Development 1439 as approved by the City Council of the City of Chicago (the "City Council") on March 13, 2019, and the Lincoln Yards Redevelopment Agreement (the "Lincoln Yards RDA") among the City of Chicago ("City"), Fleet Portfolio, LLC, and Alloy Property Company, LLC, a Delaware limited liability company, authorized by the City Council on April 10,2019, and published in the Journal of the Proceedings of the City Council for such date at pages 98094 through 98207, and recorded with the Office ofthe Recorder of Deeds of Cook County, Illinois, on April 26, 2019, as document 1911618059. SECTION 3. The vacations shall be subject to and expressly conditioned upon the additional requirements identified in the Temporary Easement Agreement between the Developers and the City, acting by and through its Department of Water Management, in substantially the form hereto attached as EXHIBIT B, and as further detailed in the Department of Water Management exhibits attached thereto. SECTION 4. The City of Chicago hereby reserves for the benefit of The Peoples Gas Light and Coke Co. an easement to operate, maintain, repair, renew and replace existing underground facilities and to construct new facilities in all of the area to be vacated, with the right of ingress and egress at all times for any and all such purposes. It is further provided that no buildings or other structures shall be erected upon or over said easement herein reserved for The Peoples Gas Light and Coke Co. or other use made of the said area which would interfere with the construction, operation, maintenance, repair, removal, or replacement of said facilities, or the construction of additional facilities. No construction, buildings, permanent structures or obstructions shall occur or be placed over the area herein vacated without express written release of easement by the involved utility. Any future Developers prompted relocation of Peoples Gas facilities lying within the area herein vacated will be accomplished by Peoples Gas, and completed at the expense of the Developer, its successors or assigns. SECTION 5. The Developer and the City of Chicago, by and through its Department of Transportation, acknowledge that infrastructure improvements in the dedications herein contemplated (see Section 6 below) shall be subject to terms, conditions and agreement by the Metropolitan Water Reclamation District, or its successor in accordance with the Intergovernmental Agreement Between the Metropolitan Water Reclamation District of Greater Chicago and the City of Chicago, Illinois for the Lincoln Yards Development, in substantially the form hereto attached as EXHIBIT C. SECTION 6. Statement number 3 of PD 1439 states, in part: "To the extent CDOT determines that compensation is payable to the City by the Applicant [i.e., the Developer] for existing right-of-way to be vacated, the Applicant shall receive a credit on a square foot basis for all right-of-way to be dedicated in determining such compensation." The square footage ofthe to-be-vacated right of way is approximately 33,959 square feet (0.78 Acres). Pursuant to a separate resubdivision ordinance, involving the proposed resubdivision of the area bounded approximately by W. Webster Avenue, N. Kingsbury Street and the North Branch of the Chicago River (approximately W. Cortland Street), including various dedications for public way, as legally described in the attached plat EXHIBIT D (CDOT File: 32-02-20-3936), the Developers are dedicating approximately 123,208.76 square feet (2.83 acres) of property for public right of way. Therefore, in accordance with PD 1439 Statement Number 3, and subject to the recording of said resubdivision ordinance, no compensation shall be due from the Developers for the benefits that will accrue to the owner of the property abutting said part of public street hereby vacated). SECTION 7. The vacations herein provided for are made under the express condition that the Developers, their successors and assigns, shall hold harmless, indemnify and defend the City of Chicago from all claims related to said vacations. SECTION 8. The vacations herein provided for are also made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, the Developers shall file or cause to be filed for recordation with the Office of the Recorder of Deeds of Cook County, Illinois a certified copy ofthis ordinance, together with the associated full-sized plat of vacation as approved by the Superintendent of Maps and Plats. SECTION 9. This ordinance shall take effect and be in force from and after its passage and approval. The vacations shall take effect and be in force from and after recording ofthe published ordinance and approved plat. Exhibit A to ordinance Plat of Vacation (Attached) EXHIBIT "A' ? ? PLAT OF VACATION OH VARIOUS PARCELS IN IHE WEST HALF Of SECTION 32, TOWNSHIP 40 NOHI H, RANGE 14. EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS i j I PENDING DEDICATION -AREA Oh PtRPE'TUAL PUBLIC WAY EASEMENT (RI = KLCORD (M) = MEASURED RAD = RADIUS CH = CHORD CH B a CHORD BEARING R O W. = RIGHT OF WAY SHEFFIELD S ADDITION TO CHICAGO IN SECTIONS 29. 31 32 & 33 TOWNSHIP IC NORTH RANGE 14 EAS~ RECORDED OCTOBER '3 :8t3. AN1E-FIH= WF DOMINICK'S SUBD'VIS'ON OH L01S1 2 i. 3 U- BLOCK li OF SHEFFIELD'S ADDITION TO CHICAGO (SEE 'A"i ANTE-FIRE J F LAWRENCE S SUBDIVISION OF LOT A OF BLOCK SHEFFIR H 5 ADDITION TO CHICAGC iSEE "A'i ANTE-FIRE SUBDIVISION Jl- BLOCK '.3 IN SHEFFIELD'S ADDITION TO CHICAGO ;5EE "A"'i RE-RECGRDFfj NOVEMBER 22 '882 AS DOCUMENT NO «53S.W ANIr-HRK SUBDIVISION Or LOT 1 IN BLOCK 17 IN SHEFFIELD'S ADDiTON TO CHICAGC RECORDED MARCH 31. "80* AS DOCJMl-N!' NO 2019966 SUBDIVISION Or BLOCKS 17. 16 T.C. 21 (EXCEPT LOTS 1 -3 a i? in SAin biock ;ij ;.¦> ;n ?& ip 3: 32 (Except LOTS 1.2 3 6 4 7). 33 38. 3a 4C & 41 IN SHEFFIELD'S ADD'TION fC CHICAGO (BY TRUSTEES CF CHICAGO .AND COtRECOROr-nOCTOBSR?? "FDO AijrF_--iRE VACATED Ui' ORDINANCE PASPLO MARCUS '.SilS RECORDED AUGUST 30. 1993 AE DOCUMENT NO 9: VACATED BY ORDINANCE PASSED JANUARY 30 190?. HECGRDEC FEBRUARY '2! 19Cb AS Ul>JUUL:N I NO 36S83C9 VACATED FJV ORDNANCE PASS 1:0 CCrOBEH 7 RECORDED JANUARY $ ,&y4 AS rjoCUMbN r NC 9.101453* VACATED 5YORD!NANC= PASSED JUNE 17 1965 KECORDL"- SEPTEMBER 1-. 1S66AE DOCUMENT NO 199*2459 VACATED SY ORDINANCE PASSE Li DECEMBER 9 1950 RECORDED MARCH 2. 195f AS DOCUMENT NO 1630?7=12 VACATED 3> ORDINANCE PASSFC MARCH ?¦•. IW RECOHOED APSflL 30. 19W AS DOOJMtNl \U 1911; AND RE-RECORDED WAY 7 1964 AS DOCUMENT NC 1912032 VACATED BY ORDNANCE PASSED JUNE 1951 RECORDED JULY 20. 195i AS DOCUMENT NO 16128221 VACATED BY ORD'NANCE PASSED JUNE 10, 1960 RECORDED AUGUST 22. 19fl0 AS DOCUMENT NO 17S43J6C VACATED DY ORDINANCE PASSED MAY 30. 1S84 RECORDED AUGUST 13, 19W AS DOCUMENT NO 27212282 CDOT #32-02-20-3935 SET 18" RGSAR • TRAFFIC FLOW — EXHIBIT "A" PLAT OF VACATION LEGAL DESCRIPTION ALL THAT (PARCEL V6) PART OF THE NORTH-SOUTHERLY 16 FOOT WIDE PUBLIC ALLEY LYING EASTERLY OF AND ADJOINING LOTS S TO 10. AND LYING WEST OF AND ADJOINING THAT PART OF LOT 1. ALL INCLUSIVE, IN THE SUBDIVISION OF LOT 1 OF BLOCK 17 IN SHEFFIELD'S ADDIIIUN IO CHICAGO IN SECTION 32 TOWNSHIP40 NORTH RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN. RECORDED MARCH 31, 1094 AS DOCUMENT NUMBER 2016SSS. DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 10 AFORESAIO: THENCE NORTH 61 DEGREES 17 MINUTES 14 SECONDS EAST ALONG THE EASTERLY EXTENSION OF THE SOUTHERLY LINE OF LOT 10 AFORESAID 1S.0Q FEET TO THE SOUIHWES1 CORNER OF SAID LOT 1 IN THE SUBDIVISION OF LOT 1 OF BLOCK 17 AFORE3AID: THENCE NORTH 29 DEGREES 28 MINUTES 20 SECONDS WEST ALONG SAID WESTERLY LINE OF LOT 1. A DISTANCE OF 150 00 FEET TO THE INTERSECTION WTTH Tift EASTERLY EXTENSION Of THE NORTH LINE OF LOT 6 AFORESAID, THENCE SOUTH «1 DEGREES 17 MINUTES 14 SECONDS WEST AL ONG SAID EASTERLY EXTENSION 16.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 5- THENCE SOUTH 29 DEGREES 28 MINUTES 2D SECONDS EAST ALONG THE EASTERLY LINE OF LO"S 3 TO 10, INCLUSIVE. 150 00 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. SAID ABOVE UtSCHIBED PARCEL CONTAINING 2,400 SQUARE FEET OR 0 C5S ACRES. MORE OR LESS V % o •s-o % O \ % SEE LEGEND ON PAGE 1 SEE SUBDIVISION CAPTIONS ON PAGE 1 SEE PAGE 4 FOR SURVEY NOTES r, o CDOT #32-02-20-3935 EXHIBIT "A" GRAPHIC SCALE PLAT OF VACATION OF VARIOUS PARCELS IN THE WEST HALF OF SECTION 32, TOWNSHIP 40 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY. ILLINOIS. ^—SO'J :HFR-V LINF DICHFN?. AVFi flXTFNHF.O FT"C W. DICKENS AVENUE N89"02'50"E^' v ,0- i (Ml 6.87' \ „ POINT OF COMMENCEMENT ,— PARCEL V2 / NW CORNER LOT 21 PARCEL V2 POINT OF BEGINNING PARCEL V2 ^ ' \ NCfiii LINF. I"", FT r>.Jr3l VV-^k )\\ NB9-01'20"E \V i\/ ! \ (M1113.201 ¦» I i 4 ! EREBVfVACATED 9 IN "SHP-r SOUTH LINE OF lh£ , C NORM Or L01 0C> vo \ - 4*- ¦¦ *¦ POINT OF BEGINNING PARCEL VI . (M1102J68 I \,SB9101!20,,W: "B" '; =OyTh LINF; -uguc ALLt' 2 I 23 POINT OF COMMENCEMENT PARCEL V3 cA'^M SW CORNER LOT 22 ^5-%L-9 vaca:id n oominic* 5' I POINT OF BEGINNING PARCEL V5 NORTH L.:NF OF W AHMITAGF AVE SOJTH UNE OF BLOCK ! N8810'29"E . (M)90.32' !;,T It SOUTHWEST CORNER LOT 15- HEREBY C^yAdATED \ S88nO'29"W \ 50UTH\|NC or , 0RNER .0' 13-' GRAPHIC SCALE * AKy:lA06, AvT NOR fit _i.NL OF siLOtt* . W. ARMITAGE AVENUE NCRTI-WI! UJ =J Z > < cc O Q. X r- o CO it j t 'r' I i' "D" yit CORNER L.OT fi4 5EETEGEND ON PAGE 1 j SEE SUBDIVISION CAPTIONS ON PAGE 1 i- SEE PAGE 4 FOR LEGAL DESCRIPTIONS OF PARCELS ON THIS PAGE SEE PAGE 4 FOR SURVEY NOTES CDOT #32-02-20-3935 N56'0'''18'E /'SOO' \ 1,»o-no.r PARCEL V3 POINT OF ,, ¦ r ^ N&K9*9E_ HEREBY COMMENCEMENTS 7 V")26.11 ^ -i-ncREBY Jf, « SOUTHEAST CORNER LOT DETAIL NO SCALE VACATED POINT OF BEGINNING- nFTAII PARCEL V7 no scale SOUTH LINE Cc (~~ A' Mc LEAN AVE PARCEL V7 HEREBY VACATED (SEULE? S EI3EP.UANS 2019-26965 arer 3c* EXHIBIT "A" PLAT OF VACATION OF VARIOUS PARCELS IN THE WEST HALF OF SECTION 32, TOWNSHIP 40 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS IOGETHER WTTH (PARCEL VI) THAT PART OF N DOMINICK STREET, G£ FOOT RIGHT OF WAV LYING EASTERLY OF AND ADJOINING THAT PART QF LOI 7 LOTS B THRU 10 AND THAT PART DF LOT 11. ALL INCLUSIVE. IN SLOCK 6 IN W F DOMINICK'S SUBDIVISION. ANTE-FIRE. OF LOTS 1.1 * 3 OF BLOCK 14 OF SHEFFIELD'S ADDITION TO CHICAGO IN SECTIONS 21. 31. 32 & 33. TOWNSHIP 40 NORTH. RANGE h east of thc third principal meridian, according TO THF. PI AT IhFRFOF RECORD ft} OCTOBER 13 1053. ANTE-FIRE OESCR'BED Afi FOLLOWS' BEGINNING AT THE INTERSECTION OF THE BOUT* LINE OF THE NORTH HALF OF LOT 0 AFORESAID WITH THE WESTERLY LINE OF N DOMINICK STREET, THENCE NORTH H DEGREES 14 MiNUTES 00 SECONDS WEST ALONG 5AID WESTERLY UNE 48 95 FEET, THENCE CONTINUING ALONG SAID WESTERLY I INF NORTH J3I1F-RRFFS 1ft MINI!ThR 1l SECONDS Wl-flT 111 TB TO A POINT 12 99 FEET NORTHERLY OF THE SOUTH UNE OF W DICKENS AVENUE EXTENDED THENCE SOUIH J4 DEPRESS Efl MINUTES 1* SECONDS EAST 161 11 FEET THENCE SOUTH 14 DEGREES 57 MINUTES 11 SECONDS WEST 7 SO FEET. THENCE SOUTH «4 DEGREES 41 MINUTES 09 SECONDS WEST 29 57 FEET TO THE WESTERLY LINE OF H DOMINICK STREET AFORESAID. ALSO BfclNGUN IHfc tASI LINt Oh LOI 11. THENCE NOW IH 32 UliliHfcfcS II MINUTES 41 SECONDS WEST ALONG SAID WESTERLY LINE 103 03 FEET TO THE POINT Or BL GINNING, IN COOtt COUNTY. ILLINOIS, SAIO ABOVE described parcel containing s.ifl9 square feet or a U9 acres more OR LESS TOGETHER WITH (PARCEL V2J THAT PART OF THE EAST-WEST 1C FOOT WIDE PUBLIC ALLEY. LYING SOUTH OF AND ADJOINING LOTS 16 TO It. INCLUSIVE, AND THAT PART OF LOT It, AND LYING NORTH OF AND ADJOINING THAT PART OF LOT II ADJOINING THAT PART OF LOTS 13 AND 14; AND LYING WEST OF AND ADJOINING THAT PART OF SAID IS FOOT WIDE PUBLIC ALLEY HhWfc IUHJK VACA1 El) BY UKIJJNANCfc PASSED MARCH 9, 1995 AND RECORDED AUGUST 30. IMS AS DOCUMENT NO 15574351. ALL IN BLOCK 4 IN W F DOMINICK'S SUBDIVISION. ANTE-FIRE. OF LOTS 1, Z AND J IN BLOCK 14 IN SHEFFIELD'S ADDITION TO CHICAGO IN SECTION 32 TOWNSHIP 40 NORTH. RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PI AT THFKFflF RFCOROFO OCTOftFR 13. 1853. ANTE .FIRE. DESCRIRFO AS FOLLOWS COMMENCING AT THE NORTHWFST CORNER OF LOT 2* IN BLOCK 4 AFORESAID. THENCE NORTH 80 DEGREES 02 MINUTES H SECONDS EAST ALONO THE NORTH UNE OF BLOCK 4 AFORESAID fl 07 FEET. THENCE SOUTH 34 DEGREES 64 MINUTES 46 SECONDS EAST 144.75 FEET TO THE NORTH LINE OF SAID It FOOT WIDE PUBLIC ALLEY, ALSO BEING ON THE SOUTH LINE OF SAID LOT 19. AND THE POINT OF BEGINNING. THENCE NORTH 39 DEGREES 01 MINUTES 20 SECONDS EAST ALONG SAIO NORTH LINE 113.20 FEET TO THE WEST LINE OF THAT PART or SAID it FOOT WIDE PUBLIC ALLEY HERETOFORE VACATED BY ORDINANCE AFORESAID. AND BEING THE SOUTHEAST CORNER OF SAID LOT 15. THENCE SOUTH 01 DEGREES SI MINUTES 29 SECONDS EAST It 00 FEET TO THE SOUTH LINE OF SAID If FOOT WIDE PUBLIC ALLEY ALSO BEING THE NORTHEAST CORNER OF SAID LOT 2i. THENCE SOUTH SS DEGREES 01 MINUTES 10 SECONDS WEST ALONG SAID SOUTH LINE 102 (0 TCET. THENCE NORTH 34 DEGREES 54 MINUTES 46 SECONDS W£5T II 28 FEET TO THE POINT OF BEGINNING. IN COOK COUNTY. ILLINOIS SAID ABOVE DESCRIUFM PAKCLl. CON'AINING l.rzi .SQUAHk 1-tLT OR 1 040 ACRF.S. MORE OR LESS AFFECTED PINS 14 32-12C-3CM AFPSCTS 7-JO2-1M^50S Af^ECTS 14-32-1W-003 AFFECTS .4 32 130 004 AFFECTS '4 32-130 ons AKECTS 14-32-130-OOP AFFECTS 14-32-130 Oil/ AFPECTS 14.32-130-ai? AFTECTS 14-33-130-C.3 AFFECTS 1-1-32-130-C'JAfTL:CTS 14-32-130-0:5 ATLXTS U-32-130-C7^ AFFECTS U-32-13.-001 ACRfcCIS I- i-32-135-001 AFP EC IS 14-32-1MJKK* AFFECTS I*-32-1."5-004 AFFECTS 14-32-135-015 AFFECTS -.4-32-135-31SAFr£;CT! VACJATXP 5OLiTHP0RT 14-32-135-01S AFFECTS 14-32-138-001 AFFECTS 14-32-302-005 AFFECTS II- 7,2-302-CC AiTECTS K-'jjore-oM A'-i-ects TOGETHER WITH PARCEL V3J THAT PART OF W McLEAN AVENUE, 66 FOOT RIGHT OF WAY, LYING SOUTH OF AND ADJOINING THAT PART OF LOTS 24 AND IS IN BLOCK 4 IN W F DOMINICK'S SUBDIVISION ANTE-FIRE. OF LOTS 1. 2 & 3 OF BLOCK 14 OF 5HEFPIELD5 ADDITION TO CHICAGO IN SECTJONS 29. 31, 31- I 3J TOWNSHIP40 NORTH RANGE 14 tASI OF THE IHIRD PRINCIPAL MERIDIAN. ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 13, 1BS3, ANTE-FIRE. DESCRIBED AS FOLLOWS OTS5-;iIN BLOCK 5 I'J'P" LOTS ,-.c [,v CLOCK £ II £?' LOT 'c IN BLOCK-! :N F' LOT IE IN BLOCK 4. :N 2 LO I IN BLOCK 4 IN li LOT l6INBlOCK4(N'p-LOI 15 IN SLOCK 4 IN =" LOT 2; IN BI OCK 4 IN LOT 23 IN BI OCK < IN =" LOI 2rt IN BLOCK A iN"-" LOT If iN BLOCK4 IN V.1 LOT ? 'N BLOCK 4 iN B' LOIS £3-54 IN BLOCK 1 IK DH OTS 5-7 IN BLOCK 5 IN 5" VACATFCA1IF.Y V iN BLOCK 5 IN : N BLOCK ' IN -C-VACATED ARMiTATiE ' I" & VACATED .ARMITAGE T LOT 13 im BLOCK 31N C" LOl:iNE AFFECTS LOT ? IN "F" LOTS .'.IGIS-T 7 IN"E" COMMENCING AT THE SOUTHWEST CORNER OF LOT 22 IN BLOCK 4 AFORESAID, BEING ALSO ON THE NORTH LINE OF W McLEAN AVENUE. THENCE NORTH II DEGREES SB MINUTES 41 SECOND5 EAST ALONG SAID NORTH LINE 4: 50 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 14. AND THE POINT OF BEGINNING THENCE CONTINUING NORTH II DEGREES 39 MINUTES 41 SECONDS EAST ALONG SAID NORTH LINE it 11 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 25; THENCE SOUTH 64 DEGREES 48 MINUTES 09 SECONDS WEST 21 19 FEET. THENCE MORIK 34 DfcGKEES 64 MINUTES 41 SECONDS WEST 10 85 FEET TO THE NORTH LINE OF W McLEAN AVENUE AND THE POINT OF BEGINNING. IN COOK COUNTY, ILLINOIS. SAID ABOVE DESCRIBED PARCEL CONTAINING 116 SQUARE FEET OR 0.003 ACRES MORE OR LESS TOGETHER WITH [PARCEL V4| THAT PART OF N SOUTHPORT AVENUE. 66 FCOT SIGHT OF WAY, LYING NORTH OF AND ADJOINING THAI PART OF N SOUTHPORT AVENUE HERETOFORE VACATED BY ORDINANCE RECORDED JANUARY 9. 1»4 A3 DOCUMENT NUMBER I4014C34. LYING WEST OF AND ADJOINING BLOCK 1 IN THE SUBDIVISION OF BLOCK 13 IN SHEFFIELD'S AUDI HON IOCHICAGO ACCORDING IU IHfc PLAT THEREOF. Hfc-MECOHDED NOVEMBER 22.1882. AS DOCUMENT NO 433035. ANTE-FIRE. AND LYING EAST OF AND ADJOINING SLOCK 4 IN W F. DOMINICK'S SUBDIVISION ANTE FIRE, OF LOTS 1. 2 A 3 Or BLOCK 14 OF SHEFriELD'5 ADDITION TO CHICAGO IN SECTIONS 29. 31.12 & 33, TOWN5HIP 40 NORTH. RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN. ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 13, 1151, ANTE-FIRE, TOGETHER WITH THAT PART OF W McLEAN AVENUE, II FOOT RIGHT OF WAY, LYING WEST OF AND ADJOINING WEST SOUTHPORT AVENUE AFORESAID, LYING SOUTH OF AND ADJOINING BLOCK 4 AND LYING NORTH OF AND ADJOINING BI OCK I AM. IN W F DOMINICK'S SUBDIVISION AFORESAID. DESCRIBED AS FOLLOWS. BEGINNING AI 1 Hfc SOU THt: AS I UUKNIrK [IF l.ul 10 IN HI.OCK 4 AfUNF.SAID BEING ON THE NORTH LINE OF W. McLEAN AVENUE AND THE WEST LINE OF N SOUTHPORT AVENUE, THENCE NORTH 01 DEGREES 51 MINUTES 31 SECONOS WEST ALONG THE WEST LINE OF N SOUTHPORT AVENUE 12.31 TEET. THENCE NORTH 84 DEGREES 49 MINUTES 01 SECONDS EAST 44 34 FEET, THENCE SOUTH 411 DFGRFFJt 14 MINIITrS 43 SFCONDS EAST 36 15 FEET TO THE NORTHWEST CORNER OF LOI G4 IN BLOCK 1 IN THE SUBDIVISION OF BLOCK 13 IN SHEFFIELD'S ADDITION TO CHICAGO AFORESAID. BEING ALSO ON THE EAST LINE OF N. SOUTHPORT AVENUE; THENCE SOUTH 01 DEGREES SI MINUTES 31 SECONDS EAST ALONG SAID CAST UNC 91 07 FECT TO THE NORTH LINE OF HERETOFORE VACATED N SOUTHPORT AVENUE AFORESAID. THENCE SOUTH 81 DEGREES 59 MINUTES 49 SECONDS WEST ALONG SAID NORTH LINE. BEING ALSO THE EASTERLY EXTENSION OF IHE SOUTH LINE OF W McLEAN AVENUE AND THE NORTH UNE OF BLOCK 3 AFORESAID, 210 11 FEET. THENCE NORTH IC DEGREES 34 MINUTES 27 SECONDS EAST 3 41 FEET. THENCE NORTH 64 DEGREES 41 MINUTES 01 SECONDS EAST 152 93 FEET TO THE NORTH LINE OF W McLEAN AVENUE ALSO BEING THE SOUTH LINE OF SAID BL OCK 4. THENCE NORTH 81 DEGREES 59 MINUTES 49 SECONDS EAST ALONG SAID NORTH UNE 72 II FEET TO THE POINT OF BEGINNING, IN COOK COUNTY. ILLINOIS. SAID ABOVE DESCRIBED PARCEL CONTAINING 16,861 SQUARE FEET OR 0 312 ACRES. MORE OR LESS TOGETHER Wl 1 H [HAKCfcL Vi) [HENCE PART OF W ARMITAGE AVENUE. 50 FOOT RIGHT OF WAV. L TING WEST Or AND ADJOINING THAI PART UF W ARMITAGE AVENUE HERETOFORE VACATED BY ORDINANCE RECORDED JANUARY 5. 1194 AS DOCUMENT NUMBER 94014134. LYING SOUTH OF AND ADJOINING BLOCK 1 AND LYING NORTH OF AND ADJOINING BLOCK 2 ALL IN JF LAWRENCE'S SUBDIVISION ANTE-FIRE. OF LOT 4 OF BLOCK 14 OF SHFFFIELD'S ADDITION TO CHICAGO IN SECTIONS 21. 31. 32 & 33, TOWNSHIP 40 NORTH. RANGE 14 LAST OF TMEi IHIRD PRINCIPAL MERIDIAN. ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 13. 1S53, ANTE-FIRE. DESCRIBED AS FOLLOWS BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF W ARMITAGE AVENUE lALSO BEING THE SOUTH LINE OF SAID BLOCK 1) WITH THE WEST V5(rOIMj ; Atl.i'Jli Wil-HIN HIVF.^ REMAINQEH PAP.Cfl A I'AFCEL liSC 3U7 Tumi Area - 33,959 square fetil pr 0 78 acres, more oi lues LINE OF HERETOFORE VACATED W ARMITAGE AVENUE AFORESAID. BEING A POINT 341 SB FEET WEST OF THE WEST UNE OF HERETOFORE VACATED N SOUTHPORT AVENUE. VACATED BY ORDINANCE RECORDED JANUARY 5, 1*94 AS DOCUMENT NUMBER 14014834, THENCE SOUTH II DEGREES 1] MINUTES II SECONDS EAST 52 21 FEET ALONG SAID WEST LINE OF HERETOFORE VACATED W ARMITAGE AVENUE TO THE 3DUTH UNE Or W ARMITAGE AVENUE (ALSO BEING THE NORTH LINE OF SAID BLOCK 21 BEING A POINT 331 51 FEET WEST OF THE WEST LINE OK HERETOFORE VACATED N SOUTHPORT AVENUE AFORESAID, THENCE SOUTH SS DEGRfrES 10 MINUTES 29 SECONDS WEST ALONG SAID SOUTH UNE S3 02 FEET TO THE NORTHWEST CORNER OF LOT 13 IN BLOCK 2 AFORESAID. THENCE NORTH 25 DEGREES 53 MINUTES 09 SECONDS WEST 54 76 FEET TO THE SOUTHWEST CORNER OF LOT 15 IN BLOCK 1 AFORESAID. BEING ALSO ON THE NORTH UNE OF W ARMITAGE AVENUE, THENCE NGRIH 18 DEGREES 1D MINUTES 19 SECONDS EAST ALONG 5AID NORTH LINE 90 32 FEET TO THE POINI UI- BEGINNING, IN COOK COUNTY, ILLINOIS. SAID ABOVE DESCRIBED PARCEL CONTAINING 4.333 SQUARE FEET OR 0.099 ACRE5, MORE OR LESS AND TOGtTHEl WITH |PARCEL V7) THAT PART OF N DOMINICK STREET. 08 FOOT RIGHT OF WAY. LYING EASTERLY OF AND ADJOINING THAT PART N DOMINICK STREET HERETOFORE VACATED BY ORDINANCE RECORDED AS DOCUMENT NUMBER 16S09792, IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 33. TOWNSHIP 40 NORTH. RANGE 14 EAST O*- THE THIRD PRINCIPAL MERIDIAN 0ESCRI8ED AS FOLLOWS COMMENCING ON IHE WEST LINE OF N DOMINICK. STREET AT A POINT 33 FEET NORTHERLY OF THE SOUTHEAST CORNER OF LOT 11 IN BLOCK ( IN W F DOMINICK'S SUBDIVISION. ANTE FIRE, OF LOTS 1. 2 I 3 OF BLOCK 14 OF SHEFFIELD MINUTES S ADDITION TO CHICAGO IN SECTIONS 24. 31 32 & 33. TOWNSHIP 40 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN. ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 13. 1853. ANTE FIRE, BEING ALSO A POINI ON A NORTHERLY LINE OF HERETOT-ORE VACATED DOMINICK STREET AFORESAID, THENCE NORTH 15 DEGREES 07 MINUTES It SECONDS EAST ALONG SAID NORTHERLY LINE I 00 FEET TO THE NORTHEASTERLY UNE THEREOF, THENCE SOUTH 54 DEGREES 35 MINUTES 37 SECONDS EA5T ALONG SAID NORTHEASTERLY UNE G9 38 FEET TO THE POINI OF BEGINNING: THENCE NORTH 64 DEGREES 49 MINUTES 09 SFCONDS EAST 5-0! FEET; THENCE SOUTH 31 OEGREES 40 MSNUTL5 15 SECONDS EAST 11.40 FEET TO THE NORTHEASTERLY LINE OF HERETOFORE VACATED DOMINICK STREET ArORCSAID. TIITZNCC NORTH 54 DEGREES 35 MINUTES 37 SECOND3 WEST ALONG SAID NORTHEASTERLY LINE 14 01 FEET TO THE POINT OF BEGINNING, EN COOK COUNTY ILLINOIS SAID ABOVE DESCRIBED PARCEL CONTAINING 31 SQUARE FfcEl OR 9 Ml ACRES, MORE ON LESS CHICAGO DEPARTMENT OF FINANCE COOK COUNTY PREPARED FOR / MAIL TO: STIRLING UA* 333 N GREEN ST SUITE :it)0 CHICAGO II fcCW7 Stair sfilMrou) Co-irsy o! Ccniiss We ORCMLEY & B.EDE-IMANK. INC her** wr|+, uial we ha.-e iufveroc the fcn:r.n il«M(;rihrn ptiwty wifi trial l!« uIj! hereon uiirwii -b -i raretl renresentafsn of uud surv*v corrected to a lempcratLm ot H2" f-ahr«nhc:t This rro'Miional serv^ ccnlurrrm to the errant MI-wb min-nt/i: fir ¦1 LiiLndsry survey Fit'ii! irtasuremeT.s crj:i slele>1 on AUGUS'i b 202'-Sigrsd on SEPTEMBER 13 2G22 /Ji CDOT #32-02-20-3935 Prefs;s5iona! I I nois Lane Siiivavui isa 33 My i;c«rte* •tsirvs NOv«mL#r 3C. 202? DESIGN FIRM LICENSE NO 1B4 005333 EXf1RA~iON DATE APp.u 10 2023 Tf.e acwing r>rcoftrrv is zoned "PD-1433" iPl-wned De*rb[i«rien; I439i as rei c-ient Distances are ma1ie<1 in fee: and uacimal carts IteriMf Cjnoare all pants BEFORE bousing by saT* and at one* rspor. any diftererites BEFORE azrace For easarrenu. bj.'Jing linns one drier rn strides not si™* i nr. survey rr,i! rcarta your absirott. deed contract '!lc pclicv Jno loca* tuiM-jig line fftqUatcni NO din-vr.tcns sua" bo attuned by v=alc rrwafu.'emcn; upon ""J Dial Ir-pioveiiufntMeiCtpi Dwi:mg !:m hii-ii| art- run s tew i jt tlie events rv-jiiB*! Unless otrierw-stf noted hereon [r-e E-eann-g Basis. E-evoiroi Datum and Ccxjidirm'.c Diiurn rf j*:d rs ASSUMED Mu'iun*!r.ts sot are s'. me curnor uilctb otherwise noted rOPYftG^nRFP/i FYs RlFTVRMANN INC ?0T«1 "*ll Rirr-i.i RftFKmttfi1 fcojcim-j*1 Ls-ffli 12019-26965-001 fc „ . 4» 4 Exhibit B to ordinance DWM Temporary Easement Agreement (Attached) PREPARED BY AND AFTER RECORDING RETURN TO: Arthur Dolinsky Senior Counsel City of Chicago Department of Law Real Estate and Land Use Division 121 North LaSalle Street, Room 600 Chicago, Illinois 60602 AGREEMENT REGARDING TEMPORARY EASEMENT FOR DWM FACILITIES (Lincoln Yards North) This Agreement (the "Agreement") is entered into as of this day of ._, 2022 ("Effective Date"), by and between the CITY OF CHICAGO, an Illinois home rule municipal corporation (the "City"), by and through its Department of Water Management ("DWM") and ALLOY PROPERTY COMPANY, LLC, a Delaware limited liability company, ALLOY PROPERTY COMPANY 2, LLC, a Delaware limited liability company, and 1511 W. WEBSTER, LLC, a Delaware limited liability company, and their respective affiliates, successors, and/or assigns (collectively, the "Developers"). The City and Developers shall individually be referred to herein as a "Party", and collectively referred to as the "Parties". Witnesseth: WHEREAS, Developers are the current owners of those certain Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 of Lincoln Yards North Subdivision located in Chicago, Illinois which is legally described on Exhibit A attached hereto and made a part hereof (the "Developers Parcel"); and WHEREAS, Developers contemplate the development of a mixed-use project generally known as Lincoln Yards North ("Developers Project") on the Developers Parcel; and WHEREAS, consistent with the Developers Project, Developers and City have agreed to subdivide ("Subdivision") and dedicate ("Dedication", or "Dedicated") certain property depicted on Exhibit B (the "Dedicated Property") for the benefit of the City, as provided in an ordinance approved by the City Council of the City on ;, 20 and published in the Journal of the Proceedings of the City Council for such date at pages through ("Subdivision and Dedication Ordinance"); and WHEREAS, pursuant to the terms and conditions of the Vacation Ordinance, the City has agreed to vacatefVacation") certain streets and alleys depicted on Exhibit C (the "Vacated Property") for the benefit of the Developers Project, as provided in an ordinance approved by the City Council of the City on . 20 and published in the Journal of the Proceedings of the City Council for such date at pages through ("Vacation Ordinance"); and WHEREAS, the Developers understand and agree that the Subdivision, Dedication, and Vacation are subject to and conditioned upon the terms and conditions set forth in the Subdivision and Dedication Ordinance and the Vacation Ordinance, including: DWM Lincoln Yards North OUC Letters - OUC File No. VD-110518 for the Dedications and Subdivision of Lincoln Yards North, attached hereto as Exhibits D-1 and D-2 made a part hereof (the "DWM Dedication and Subdivision OUC Letters"); and DWM Lincoln Yards North OUC Letters - OUC File No. VD-110517 for the Vacation of portions of alleys and portions of streets in the general area bounded by N. Elston Ave, W. Dickens Ave. (2100 N), N. Clybourn Ave, and W. Willow St. (extended) (1740 N), attached hereto as Exhibit E-1 and E-2 and made a part hereof (the "DWM Vacation OUC Letters"); and WHEREAS, the DWM Dedication and Subdivision OUC Letters and the DWM Vacation OUC Letters collectively shall be referred to herein from time to time as the "DWM OUC Letters"; and WHERAS, Developers and the City are parties to that certain Lincoln Yards Redevelopment Agreement dated April 26, 2019 and recorded with the Cook County Recorder of Deeds on April 26, 2019 as Document Number 1911618059 (the "Redevelopment Agreement") affecting the Developers Project. WHEREAS, subject to the terms and conditions of the DWM OUC Letters, and this Agreement, the Developers has agreed to construct, install, relocate, or replace certain City owned or controlled sewer, water, and related facilities in a manner that is consistent with the Developers Project as provided in this Agreement (the "Developers DWM Facility Work"); and WHEREAS, Developers have agreed to grant to the City a temporary easement (the "Temporary DWM Easement") in the Vacated Property (the "Temporary DWM Easement Parcel"), subject to the conditions set forth in Section 3 herein. The Temporary DWM Easement is needed for access to, and use and maintenance of existing water and sewer facilities and appurtenances thereto owned by the City (the "Existing DWM Facilities") prior to completion and acceptance by the DWM, at DWM's sole discretion, of the Developers DWM Facility Work (the "New DWM Facilities"); and WHEREAS, the Existing Water Mains, as defined herein, shall be included in the Temporary DWM Easement Parcel as such Existing Water Mains shall be abandoned by the City, pursuant to the terms and conditions of the DWM Vacation OUC Letters, Exhibit E-1 and E-2 respectively, and this Agreement; and|1010| WHEREAS, City has agreed to release and quitclaim to Developers its Temporary DWM Easement rights in the Vacated Property (the "Release of Temporary DWM Easement"), as described in the form attached hereto as described Exhibit F, which easement rights will no longer be needed for City ownership, access to or the use and maintenance following the completion of the Developers DWM Facility Work, subject to DWM's review, approval, and acceptance thereof, which Developers DWM Facility Work shall comply with the terms and conditions of the DWM OUC Letters and this Agreement. Such Release of Temporary DWM Easement will be delivered in accordance with the terms and conditions of this Agreement; and WHEREAS, in consideration of the City's approval of the Vacation, and Subdivision and Dedication Ordinances, and the grants and releases of easements provided herein, Developers will perform the Developers DWM Facility Work and assume the corresponding obligations as provided in this Agreement. NOW, THEREFORE, in consideration of mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: Abandonment of Existing Water Mains. Pursuant to the terms and conditions of the DWM Vacation OUC Letters, Exhibit E-1 and E-2 respectively, and this Agreement, the existing 8-inch water main located in W Armitage Avenue west of N Southport Avenue; 12-inch water main located in N Dominick Street from W Dickens Avenue to W McLean Avenue and in W McLean Avenue from N Dominick Street to N Southport Avenue; and the 12-inch water main located in N Southport Avenue from N Kingsbury Street to N Southport Avenue (collectively, the "Existing Water Mains") shall be abandoned. The new 16-inch water main in the proposed N Dominick Street must be installed and connected to the existing 24-inch water main in W Cortland Street before the existing 12-inch water main in N Southport Avenue can be abandoned. To maintain water quality, the water main in W Cortland Street may not be left as a dead end. Grant of Temporary DWM Easement. On the Effective Date, subject to the terms and conditions stated in this Agreement, the Developers hereby grants and conveys, subject to the conditions set forth in Section 3 herein, the Temporary DWM Easement to the City in, on, over, under and through the Temporary DWM Easement Parcel, for the purposes detailed in Section 4(a) below. Release of Temporary DWM Easement. The Release of the Temporary DWM Easement shall be provided to the Developers following the completion of the Developers DWM Facility Work, subject to DWM's review, approval, and acceptance of the Developers DWM Facility Work's compliance with the terms and conditions of the DWM OUC Letters, Exhibits D-1 and D-2 and E-1 and E-2 respectively, and this Agreement. Such terms and conditions for the Release of the Temporary DWM Easement shall include: (i) the Temporary DWM Easement for the 24-inch public sewer on N Dominick St.;12-inch public sewer in W McLean Ave.; and 18-inch public sewer on |1010| N Southport Ave., located in the Temporary DWM Easement Parcel, upon the Developers' construction of a new sewer mains within the Dedicated Property that replaces the function of the existing sewer mains within the Vacated Property, and subject to DWM's approval and acceptance of the new sewer mains, as part of the sewer relocation work into the new dedicated public right of way. (ii) the Existing Water Mains, as defined in Section 1, located in the Temporary DWM Easement Parcel shall be released and quitclaimed upon the abandonment of the water mains located in the Temporary DWM Easement Parcel. 4. Conditions of Temporary DWM Easement. The Temporary DWM Easement granted by Section 2 shall be subject to the following conditions: For existing water mains and sewer mains, the Temporary DWM Easement shall be an easement over the entire width and length of the Vacated Property, including the previously vacated rights of way in N. Southport Avenue between W. Cortland Street and W. McLean Avenue and in W. Armitage Avenue from N. Southport Avenue west to the Chicago River for the existing water and sewer mains. There shall be a minimum forty (40) feet of vertical clearance above ground level to provide access to construction machinery that would be necessary in the event of a break or if maintenance or relocation were required in the future. DWM shall have continuous 24-hour access without any obstructions like fences, including safety fences, or bollards to any and all areas covered by the Temporary DWM Easement. The Developers shall provide DWM with access controls to a:l safety fences to allow DWM 24-hour access. Subject to the terms and conditions of the DWM OUC Letters and this Agreement, and all proposed plans, including but not limited to the water main plans, for Improvements (as defined herein) must be submitted by Developers to DWM for review and approval by DWM prior to commencement of construction. Developers - as the beneficiary of the Vacated Property where a temporary easement is required by DWM - shall be responsible, at Developers' sole cost and expense, for the repair, renewal, or replacement of any physical Improvements on the Vacated Property that may be damaged in connection with the maintenance and repair, or replacement of the sewer main or water main. Examples of such improvements include, but are not limited to, the landscape island, the private drainage system, lighting, pavement, and sidewalks (collectively, the "Improvements"). Developers - as the beneficiary of the Vacated Property where a temporary easement is required by DWM - shall be responsible, at Developers' sole cost and expense, for completely removing any obstacles for the |1010| maintenance and repair, or replacement of the water mains and sewer mains by DWM. Developers - as the beneficiary of the Vacated Property where a temporary easement is required by DWM - must follow landscape requirements per DWM requirements for DWM Existing Facilities protection. Developers - as the beneficiary of the Vacated Property where a temporary easement is required by DWM - shall pay for any adjustments to DWM's facilities in the Vacated Property, as such adjustments are determined by DWM in its sole discretion, and shall include but not be limited to repairs or adjustments due to water main or sewer breaks, leaks, damage from construction operations, and any other repairs deemed necessary by DWM. i. The Temporary Easement on the Vacated Property can be released after the existing facilities are abandoned and new facilities built by the Developers, as the beneficiary, within dedicated rights of way that replaces the functions of the water mains and sewers withing the Vacated Property and accepted by DWM. j. Once the Temporary Easement is in place, DWM can release its rights in the previously vacated rights of way in N. Southport Avenue between W. Cortland Street and W. McLean Avenue and in W. Armitage Avenue from N. Southport Avenue west to the Chicago River. k. All temporary easement documents must be reviewed and approved by DWM. Use, Access, and Restoration of Temporary DWM Easement. Use and access. The Temporary DWM Easement shall be an easement and right of way for Existing DWM Facilities, and for the maintenance, abandonment and/or removal of sewer or water mains or other municipally-owned service facilities now located or which in the future may be located in the Temporary DWM Easement Parcel, and for the maintenance, renewal, and reconstruction thereof, with the right of ingress and egress at all times upon reasonable notice. It is further provided that no buildings or other structures shall be erected in or on the Temporary DWM Easement Parcel, nor any use made of the Temporary DWM Easement Parcel, or the facilities located therein for support, which in the reasonable judgment of the municipal officials having control of the aforesaid service facilities would substantially interfere, in a material and adverse way, with the use, maintenance, renewal, or reconstruction of Existing DWM Facilities. Restoration. If City conducts any work in the Temporary DWM Easement Parcel, City shall have no obligation to restore the Temporary DWM Easement Parcel. Developers DWM Facility Work. |1010| Upon execution of this Agreement, Developers will be responsible, at its sole cost and expense, for performing and completing the Developers DWM Facility Work as described in Exhibit G in accordance with the DWM OUC Letters, and subject to the terms of this Agreement. Simultaneous with the Developers' payment to DWM for the abandonment of certain water mains and water main adjustments, as required and set forth in the DWM OUC Letters, attached hereto as Exhibits D-1 and D-2 and E-1 and E-2, the Developers shall provide DWM with an irrevocable, unconditional, standby letter of credit ("Letter of Credit") in an amount of One Million Four Hundred Ninety-Two Thousand Six Hundred Thirty-Five and no/100 Dollars ($1,492,635.00), for the deposit required in the DWM OUC Letters for the estimated cost, based on current rates for labor, materials, equipment, and overhead charges, for the Water Mains Installations. Upon Developers' final completion of the Developers DWM Facility Work, including all required punch list items, all in accordance with the Approved Plans, Permits, and delivery of as-built plans and assignments of warranties, and DWM acceptance of the water and sewer Developers DWM Facility Work, as required by the respective DWM OUC Letters and this Agreement, the DWM Commissioner shall provide the Developers with a separate written close out letter for each of the water and sewer Developers DWM Facility Work, and evidencing acceptance of the Developers DWM Facility Work. Following close out, turnover and acceptance of the Developers DWM Facility Work as provided herein, Developers shall have no obligation to maintain the New DWM Facilities, and the City will promptly return the Letter of Credit, or if the Letter of Credit is unavailable, the City will provide Developers and the issuer of the Letter of Credit a letter, acknowledgement, or such other document as the issuer may reasonably require to evidence that the City no longer has any interest in or right to draw against the Letter of Credit. Subject to the requirements set forth herein, the Developers must provide the Letter of Credit substantially in the form set forth in Exhibit H. attached hereto, or as otherwise reasonably approved by the Corporation Counsel. Notwithstanding anything to the contrary set forth in this Agreement, the City may recover any and all of its costs and expenses for performing, or causing to be performed, the Developers DWM Facility Work through the Letter of Credit. The City is entitled to draw on the Letter of Credit if proof of renewal of the Letter of Credit or a replacement letter of credit in form and substance reasonably satisfactory to the Corporation Counsel, and in the same amounts as the original Letter of Credit, and as such Letter of Credit shall be increased to the aggregate amount of One Million Four Hundred Ninety-Two Thousand Six Hundred Thirty-Five and no/100 Dollars ($1,492,635.00), as set forth in Section 5(b) herein, has not been furnished to DWM at the address set forth in Section 9 of this Agreement at least 30 days before the expiration date thereof, and the City will hold the proceeds as a cash security deposit to secure the full and faithful performance of Developers' obligations under this Agreement (and any such cash security deposit shall|1010| be returned, if at all, in the same manner as the Letter of Credit would be returned pursuant to section 5(c) above). The City is not obligated to pay or credit Developers with interest on any security deposit. Unless otherwise approved in writing by the Commissioner of DWM, the Letter of Credit called for in this Agreement must be issued by companies or financial institutions authorized to do business in Illinois, reasonably satisfactory to the . City's Corporation Counsel, and which have an office in Chicago where the City may draw on the Letter of Credit. If the financial condition of any letter of credit issuer issuing the letter of credit materially and adversely changes, the City may, at any time require that the Letter of Credit be replaced with a letter of credit in accordance with the requirements of this Section 5. None of the provisions contained in this Agreement or in the Letter of Credit are to be construed to excuse the faithful performance by Developers of the terms and conditions of this Agreement or limit the liability of Developers under this Agreement for any and all damages in excess of the amounts of the Letter of Credit. Notwithstanding anything to the contrary contained in this Agreement, the failure ofthe Commissioner to draw upon the Letter of Credit or to require Developers to replace the Letter of Credit at any time or times when the City has the right to do so pursuant to this Agreement does not constitute a waiver or modification of the Commissioner's rights to draw upon the Letter of Credit and to require Developers to maintain or, as the case may be, replace the Letter of Credit, all as provided in this Section 5. Further, the City may seek any legal recourse available to it under this Agreement. Developers shall obtain DWM's review and approval of the plans and specifications for the Developers DWM Facility Work prior to the commencement thereof, including any update of the completion dates set forth in Exhibit I ('Developers DWM Facility Work Schedule") in accordance with this Agreement. DWM agrees that its approval of the submitted plans and specifications will not be unreasonably withheld or delayed. Upon review and approval by DWM, such plans and specifications shall be known as the "Approved Plans". Developers expressly agrees and warrants that the Developers DWM Facility Work shall be designed, constructed, and performed, at all times.in a good and workmanlike manner and in compliance with all applicable federal, state local laws and regulations ("Law"), the Approved Plans, and this Agreement. To that end, Developers shall apply for and receive all necessary building, public way and other permits required by Law, including the-Municipal Code of Chicago ("Permits") prior to commencement of the Developers DWM Facility Work. i. Upon issuance of the Permits for the Developers DWM Facility Work, Developers shall diligently pursue completion of such Developers DWM Facility Work and, subject to Unavoidable Delays as defined in Section 10(e) below, shall complete such Developers DWM Facility Work in accordance |1010| with this Agreement, the Permits, the Approved Plans, the Developers DWM Facility Work Schedule. j. Developers shall be responsible, at its sole cost and expense, for obtaining approvals of or making suitable arrangements with (including payment to) the persons or entities owning or controlling any currently existing utilities or public service facilities (or replacements or upgrades thereof in currently existing locations) and that are duly authorized to occupy the public way and are required to be removed, relocated, altered, additionally maintained or restored because of the Developers DWM Facility Work ("Existing Utility Facilities"). k. Following the completion of the inspection, including any testing required by applicable permits, of the Developers DWM Facility Work in accordance with and pursuant to the Permits, City will provide a punch list of items of Developers DWM Facility Work that are to be completed by Developers prior to acceptance by the City Upon Developers' final completion of the Developers DWM Facility Work, including all required punch list items, all in accordance with the Approved Plans, Permits and delivery of as-built plans and assignments of warranties, and acceptance of the water and sewer Developers DWM Facility Work, the DWM Commissioner shall provide the Developers with a separate written close out letter for each of the water and sewer Developers DWM Facility Work, as required by the respective DWM OUC Letters and this Agreement, and accepting the Developers DWM Facility Work. Following close out, turnover and acceptance of the Developers DWM Facility Work as provided herein, Developers shall have no obligation to maintain the New DWM Facilities. The Developers agrees that it will conduct and perform the Developers DWM Facility Work consistent with the obligations, requirements and timing in DWM OUC Letters and this Agreement and subject to the final approval and acceptance of DWM. Indemnities. a. Indemnity of Citv bv Developers. To the full extent of the Law, Developers hereby agrees to indemnify, hold harmless and defend City, its officials, officers, employees, and agents ("City Parties") from and against any and all claims, demands, damages, lawsuits, legal proceedings, losses, liens, liabilities, judgments, orders or decrees, and all costs and expenses (including, without limitation, actual attorneys' fees, court costs, and other reasonable expenses of litigation) ("Claims"), for the death or injury of any person, or property damage whatsoever arising or resulting from the Developers' performance or non-performance of the Developers DWM Facility Work, or the use of or entry in the Temporary DWM Easement Parcel by Developers, its employees, agents, and contractors ("Developers Parties11). In the event City receives notice of a Claim for which it desires to be covered by this indemnity, City shall notify Developers in writing and tender said defense to Developers. In such event, and subject to such additional written authorizations by the City as shall be reasonably required therefor, Developers shall appear in City's name and shall vigorously defend |1010| such Claim at Developers' expense. City shall cooperate with Developers and may reasonably participate in the defense of the Claim; provided however, that Developers shall not enter into any settlement of any such Claim without the consent of City, which consent shall not be unreasonably withheld or denied. This remedy is not exclusive. b. Survival of Indemnities. The provisions of this Section 7 shall survive any termination of this Agreement or the Temporary DWM Easement, or the Release of the Temporary DWM Easement, but it shall not apply to Claims arising from events occurring after such termination or Release of Temporary DWM Easement. Insurance during Developers DWM Facility Work. Prior to the commencement of Developers DWM Facility Work, the Developers shall procure and maintain, at all times and continuing until the completion of such activities, including any period when any contractor is required to return to complete or correct any prior work, all of the types and coverages of insurance and endorsements specified in Exhibit J which is attached and incorporated. Notices. All notices or other communications required or permitted pursuant hereto shall be in writing and shall be deemed to have been given upon receipt. Notices, shall be addressed to Developers and City at their respective addresses set forth below, or to such substitute address as Developers or City may have designated by notice in accordance herewith: If to City, at: City of Chicago Department of Water Management 1000 E. Ohio Street Chicago, IL 60611 Attn: Commissioner With a copy to: City of Chicago Department of Law 121 North LaSalle Street, Room 600 Chicago, Illinois 60602 Attn: Deputy Corporation Counsel Real Estate and Land Use Division If to Developers: Alloy Property Company, LLC 2711 N. Haskell Avenue Suite 1700 Dallas, TX 75204 Attn: Laura P. Sims Email: lsims@hudson-advisors.com
|10 10|
Alloy Property Company 2, LLC
2711 N. Haskell Avenue
Suite 1700
Dallas, TX 75204
Attn: Laura P. Sims
Email: lsims@hudson-advisors.com
1511 W. Webster, LLC
333 North Green Street, Suite 1100
Chicago, IL 60607
Attn: Legal Notices
With a copy to:
DLA Piper LLP (US)
444 W. Lake Street, Suite 900
Chicago, Illinois 60606
Attn: Katie Jahnke Dale
Names, titles, and Addresses shall be deemed changed only upon service of notice in accordance with this Section.
10. General
Illinois Law. This Agreement has been negotiated, executed, and delivered at Chicago, Illinois and shall be construed and enforced in accordance with the laws of Illinois, including the law of public trust with respect to the use and occupation of the public way.
Partial Invalidity. If any clause, sentence, or other portion of this Agreement shall become illegal, null or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remaining portion hereof shall remain in full force and effect.
Runs with the Land. All previsions hereof, including the benefits and burdens, shall run with the land, and shall be binding upon and enforceable by, and shall inure to the benefit of City and Developers and their respective successors and assigns. Upon a bona fide conveyance of all right, title and interest in the Developers Parcel to a successor owner, all obligations of performance shall be enforceable against the transferee and not against the transferor from and after the date of conveyance. If Developers are not in default of any of their obligations under this Agreement, then Developers shall have the right to assign their obligations under this Agreement to a third party that is not ineligible to contract with the City and which has submitted a complete Economic Disclosure Statement and Affidavit package to the City, and, thereafter, such obligations shall be enforceable against such assignee and not the Developers, provided that the terms of such assignment shall be subject to DWM's reasonable approval, which approval may be conditioned, among other things, upon the third party's indemnifying the City for Claims for the death or injury of any person, or property damage whatsoever arising or resulting from the Developers' performance or non-performance of the Developers DWM Facility Work, or the use of or entry in the Temporary DWM Easement Parcel by Developers Parties.
10
No Third-Party Beneficiaries. The rights granted herein are intended solely for the benefit of the Parties. No other person or entity shall have any rights hereunder nor may such person enforce any of the terms or be entitled to any of the benefits hereof.
Unavoidable Delays. The period within which a party is required to perform an obligation hereunder shall be extended to the extent caused by Unavoidable Delays commencing on the date that such party delivers to the other party to which the obligation is owed a written notice describing in detail the Unavoidable Delay and its specific effect on such party's ability to perform the obligation. As used herein "Unavoidable Delays" shall mean delays due to strikes, lockouts, labor troubles, inability to procure labor or materials or reasonable substitutes therefor, failure of power, fire or other casualty damage, war or civil disorder, or other causes beyond the reasonable control of the party delayed; provided Unavoidable Delays hereunder shall not include delays resulting from changes in economic or market conditions, or financial or internal problems of the Parties. This section shall not apply to the obligation to indemnify as provided in Section 7 or the obligation to provide insurance as provided in Sections 7 or 8 of this Agreement, any obligation to pay money, or any obligation or problems that can be reasonably satisfied by the payment of money.
11
In Witness Whereof, Developers and City have caused this Agreement to be executed by their duly authorized officers, as of the day and year first written above.
ALLOY PROPERTY COMPANY, LLC, a Delaware limited liability company
By: \
Name: Title:
ALLOY PROPERTY COMPANY 2, LLC,
a Delaware limited liability company
By: \
Name: Title:
1511 W. WEBSTER, LLC,
a Delaware limited liability company
By:
Name: Title:
CITY OF CHICAGO,
an Illinois home rule municipality
By:
Name: Andrea R,H. Cheng, Ph.D., P.E. Title: Commissioner of Water Management
Approved As To Form And Legality:
By:
Name:
Title: Senior Counsel
STATE OF ILLINOIS COUNTY OF COOK
)
)SS )
1,
_,. a Notary Public in and for said County, in the State aforesaid, DO
of ALLOY PROPERTY
HEREBY CERTIFY, that ,
COMPANY, LLC, a Delaware limited liability company, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she signed and delivered the said instrument as his/her own free and voluntary act and as the free and voluntary act of said entity, for the uses and purposes therein set forth.
. GIVEN under my hand and notarial seal, this day of _
Notary Public
My Commission Expires:
STATE OF ILLINOIS )
)SS
COUNTY OF COOK )
I,
, a Notary Public in and for said County, in the State aforesaid, DO
of ALLOY PROPERTY
HEREBY CERTIFY, that ,
COMPANY 2, LLC, a Delaware limited liability company, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she signed and delivered the said instrument as his/her own free and voluntary act and as the free and voluntary act of said entity, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal, this day of
Notary Public
My Commission Expires:
STATE OF ILLINOIS )'
)SS
COUNTY OF COOK )
I, , a Notary Public in and for said County, in the State aforesaid. DO
HEREBY CERTIFY, that , of 1511 W. WEBSTER, LLC,
a Delaware limited liability company, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she signed and delivered the said instrument as his/her own free and voluntary act and as the free and voluntary act of said entity, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal, this day of , 20
Notary Public
My Commission Expires:
STATE OF ILLINOIS )
)SS
COUNTY OF COOK )
I, , a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY", that Andrea R.H. Cheng, Ph.D., P.E., Commissioner ofthe Department of Water Management of THE CITY OF CHICAGO, an Illinois home rule municipality, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that she signed and delivered the said instrument as her own free and voluntary act and as the free and voluntary act of said entity, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal, this day of , 20
Notary Public
My Commission Expires:
JOINDER
The undersigned hereby joins in the execution of this Agreement for the sole purpose of evidencing the undersigned s agreement for Lot 2 to be bound by the easement terms contained herein.
1511 W. WEBSTER, LLC,
a Delaware limited liability company
By:
Name: Title:
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
I. . a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY, that , of 1511 W. WEBSTER,
LLC, a Delaware limited liability company, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she signed and delivered the said instrument as his/her own free and voluntary act and as the free and voluntary act of said entity, for the uses and purposes therein set forth.
GIVEN under my hand and notarial seal, this day of , 20
Notary Public
My Commission Expires:
DWM LAW 082322 EASTU83640280.112
EXHIBIT A
DEVELOPERS PARCEL
LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 IN LINCOLN YARDS NORTH SUBDIVISION
RECORDED AS DOCUMENT , BEING A SUBDIVISION
OF VARIOUS LOTS AND BLOCKS IN THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 40 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
A-1
EXHIBIT B DEDICATED PROPERTY
[Attached]
B-1
EXHIBIT "A"
uircout this loifi lUBsroBDrvnioif
BEING A RFSUBDIVISION OF VARIOUS LOTS. BLOCKS AND VACATED PUBLIC RIGHTS OF WAt IN THE
¦ ~ " " NORTHWfST QUARTER AND THE SOUTiiWLST QUARTER Of SFCTION .12, TOWNSH'P-10 NORTH, RANGK
-.- ,: — 1--.FA5T Of THt 'H Rr: PRINCIPAL VERIDIAN. IN COOfc COUNTv, IL! INOIS r,HA"-H L" SCAU
••• IS.
2020-27544-001 ferTT^1 *7 i!
EXHIBIT "A"
•jNOERLYING AND ADJ0;N!N3 PROPERTY OF RECORD
BEING A PESUBRIVIS ON OF VARiOjS LOTS BLOCKS ANO VACATED PUBLIC SIGHTS OF 'AAV IN M,f NORTHWEST QUARTER AND Tut iOUlHWtil LIUAKTER OF SECTION 32, TOWNSHP 40 NORTH, RANGE 14 EAST OF THE THi^D PSINCPAL MERIDIAN IN COOK COUNTY, ILLINOIS
i
i
"U"
2020-27544-001
EXHIBIT "A"
uwcouv yards horvh rbsubdivisioii'
: CDOT #32-02-20-3936
BEING A RESUBDIVISION OF VARIOUS 10IS. BLOCKS AND VACATED PUBLIC RIGHTS OF WAV IN 1 HE INOKTHWFST QUARUR AND THE SOUTHWEST QUARTER 0^ SECT ION 33, TOWNSHIP flONOirH. RANGE 1J EAST 0( THE T-ilSO FRINC1P-U MFRIDIAN. IS TO?k milNTY liMNr>IS
EXHIBIT "A"
DWM LAW 082322 EAST\lS?6402S0.1i2
EXHIBIT C VACATED PROPERTY
[Attached]
C-l
EXHIBIT "A"
?
?
PLAT OF VACATION
OF VARIOUS PARCELS IN IHE WEST HALF OF SECTION 32, TOWNSHIP 40 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS
PENDING DEDICATION — AREA OF PERPETUAL PUBLIC WAY EASEMENT (H) = HECORU {«) = MEASURED RAD = RADIUS CH = CHORD CH 8 3 CHORD BEARING R.OW = RIGHT OF WAY
SET SJC" REBAR a TRAFFIC FLOW ^
SHEFFIELD'S ADDITION TO CHICAGO IN SECTIONS 29, 31 32 S 23 TOWNSHIP 60 NORTH. RANGE 14 EAST RECORDED OCTOBEFt '3. ->a$3 AN1t-FTHE
WF DOMINICK'S SUBDIVISION OF LOIS 1 2 6 3 0- BLOCK 1" Or SHEFFIELD'S ADDITION TD CHICAGO (SEE "A- ANTE-FIRE
J F LAWRENCE S SUBDIVISION Or I OT -1 OF BLOCK SHEFFIELD'S ADDITION TQ CHICAGO (SEE "A', ANTE-FIRE
SUBDIVISION OF BLOCK 13 iN SHEFFIELD'S ADDITION TO CHICAUO '.SEE "A-1 RE-HECORDFD NOVEMBER 22. 1882 AP DOC I IMF NT NO ^oSaSft, ANTF-HRF.
SJBDIVIS ON DP IO' 1 IN BLOCK I * :N SHEFFIELD S-ADOTiOH IC CHICAGO RECOKOED MARCH 31 "BOJ AS DOCUMENT \0 2016955
"F"
SUBDIVISION Or 0LDCK3 17. 10 20. 71 iCXCrFl LO'iS * n A '¦? IN SAID H: OCK 71» ?? 70 ?£• V? 3.'. S? ,EXCEPT LOTS 1 2. 3.6 4 71. 33 38. 35 -'.C 4 4: IN SHEFFIELD'S ADDIT'ON TC CHICAGO I BY TRUSTEES CF CHICAGO LAND CO I RFCORDED OCTOBER 2'2 iFSP ANTE-FIRE
VACATED BY oaDiNANCS PASSED JANUARY :*f) JMif, HtCCRDEDFEBHUAHY:; 1«5 AS DOCUMENT NO 3C533S0
VACATED BY ORDINANCE MASSED OCTOBER T ' RECORDED JANUARY 5 199< AS DOCUMENI NO IMDUS34
VACATED 3Y ORDINANCE: PASSED JUNE 17. '965 RECORDED SEPTEMBER is. 1965 AS DOCUMENT NO
VACATFD BY ORDINANCE PASSEC MARCH 7"- 1-TM KECOHUEU APRIL 30 1ift"l AS DOCUMENI NC 191I.I3L" AND RERECORDED WAY 7 19&1 AS DOCUMENT NC 19121032
VACATED BY ORDINANCE PASSED .UNE 10, 1960 RECORDED AUGUST ??. 1060AS DOCUMENT NO
VACATED BY ORDNANCE PASSED MAY 30 1904 RECORDED AjGUSI 15, 1D6^ AS DOCUMENT ND
i i ,B..
111 !
..'ej,VW '"""\ /**>/ sHEREBY VACATED *T \ ^ARcayj^ W- DICKENS AVENUE :
L-fefer
-'~*W. CORTLAND STREET;
1 7;'-
it
PENDiNG PERPETUAL ?UB_IC WAY EASEMENT UNDER COOT *:2-fJ2-20-!-JQ3i5
HEREBY VACATED SEE PAGE 2 PARCEL V6
E"
"F"
CDOT #32-02-20-3935
EXHIBIT "A"
PLAT OF VACATION
LEGAL DESCRIPTION
ALL THAT (PARCEL VS| PART OF THE NORTH-SOUTHERLY 16 FOOT WIDE PUBLIC ALLEY LYING EASTERLY OF AND ADJOINING LOTS 5 TO 10. AND LYING WEST OF AND ADJOINING THAT PART OF LOT 1 ALL INCLUSIVE. IN THE SUBDIVISION OF LOT 1 OF BLOCK 17 IN SHEFFIELD'S AUDI HON TU CHICAGO IN SECTION 32. TOWNSHIP 40 NORTH. RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN. RECORDED MARCH 31.1894 AS DOCUMENT NUMBER 2016956, DESCRIBED AS FOLLOWS
BEGINNING AT THE SOUTHEASTERLY CONNER OF LOT 10 A FORE SAJO; THENCE NORTH BI OFGREES 17 WJNUTE9 U SECONDS EAST ALONG THE EASTERLY EXTENSION OF THE SOUTHERLY LINE OF LOT 10 AFORESAID 16 00 FEET TO THE SOUTHWESI CORNER OF SAID LOT 1 IN THE SUBDIVISION OF LOT 1 OF BLOCK 17 AFORESAID, THENCE NORTH 29 DEGREES 28 MINUTES 10 SECONDS WEST ALONG 5AID WESTERLY LINE OF LOT 1, A DISTANCE OF 150 00 FEET TO THE INTERSECTION WITH THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 6 AFORESAID; THENCE SOUTH 61 DEGREES 17 MINUTES 14 SECONDS WEST At ONG SAID EASTERLY EXTENSION 16 00 FEET TO THE NORTHEAST CORNER OF SAID LOT S. THENCE SOUTH 29 DEGREES 28 MINUTES 20 SECONDS EAST ALONG THE EASTERLY LINE OF LOTS 5 TO 10, INCLUSIVE. 160.00 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. SAID ABOVE DESCRIBED PARCEL CONTAINING 3.400 SQUARE FEET OR 0.03S ACRES, MORE OR LESS.
•z. o
% \ % %
o
o S.
73
SEE LEGEND ON PAGE 1
SEE SUBDIVISION CAPTIONS ON PAGE 1
SEE PAGE 4 FOR SURVEY NOTES
GfiEWB S 6EDERMUA
CDOT #32-02-20-3935
EXHIBIT "A"
PLAT OF VACATION
OF VARIOUS PARCELS IN THE WEST HALF OF SECTION 32, TOWNSHIP 40 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS
ilRLY IiNE D'CKENS AvF. E>'TFN"EO. ETC
POINT OF COMMENCEMENT
\ ,.- PARCEL V2
\ / NW CORNER LOT 21
\ Mm)4J 34'
N89T)2,50"eAKV,p* ,
. SCLir- line or 1HL - „ . NORTH HALF or LOT ¦} Cjr.'>lfcS
POINT OF BEGINNING J PARCEL VI
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NOR.T^ -INF OF ¥,-. AKMJAGE AVE SOU TV. LINE OF BLOCK 1 /
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SOU^VIWEST COPNEP LOT 15^
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PQ^toF BEGINNING 'Y* PARCEL V3
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GRAPHIC SCALE
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NO SCALE
SEETEGEND ON PAGE 1 SEE SUBDIVISION CAPTIONS ON PAGE 1 SEE PAGE 4 FOR LEGAL DESCRIPTIONS OF PARCELS ON THIS PAGE
SEE PAGE 4 FOR SURVEY NOTES
CDOT #32-02-20-3935
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2019-26965-Oolr/f ; 1 > 4
EXHIBIT "A"
PLAT OF VACATION
OF VARIOUS PARCELS IN THE WEST HALF OF SECTION 32. TOWNSHIP 40 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY. ILLINOIS.
TOGETHER WTTH (PARCEL V1) THAT PART QF N DOMINICK STREET. C£ FOOT RIGHT OF WAV. LYING EASTERLY Of- ANO ADJOINING THAT PART OF LOT 7. LOTS B THRU 10. AND THAT PART OF LOT 11. ALL INCLUSIVE. IN BLOCK 6 IN W F DOMINICK'S SUBDIVISION. ANTE-FIRE, OF LOTS 1,1 & 3 OF BLOCK 14 OF SHEFFIELD'S AOomOH TO CHICAGO IN SECTIONS II, 31.32 ft 33. TOWNSHIP 40 NORTH. RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN. ACCORDING TO THE PLAT THEREOF RECORDED OCTOSF.R 13 1853, ANTE-FIRE, DESCRIBED AS FOLLOWS'
BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH HALF OF LOT S AFORESAID WTTH THE WESTERLY LINE Or N. DOMINICK STREET, THENCE NORTH 31 DEGREES 04 MINUTES 00 SECONDS WEST ALONG SAID WESTERLY LINE 41 93 FEET. THENCE CONTINUING ALONG 5AID WESTERLY I INF NORTH 23 nFRRFES 111 Ml Mt I TEA 12 SFCONnS WFST 111 7!) FfcET TO A POINT 12.M FEET NORTHERLY OF THE SOUTH UNE OF W. DICKENS AVENUE EXTENDED, THENCE SOUTH 34 DEGREES 55 MINUTES 14 SECONDS EAST 361.1Z FEET- THENCE SOUTH 14 DEGREES 57 MINUTES 11 SECONDS WEST 7 BO FEET. THENCE SOUTH 64 DEGREES 41 MINUTES 09 SECONDS WEST 19 S7 FEET TO THE WESTERLY LINE OF N DOMIMCK STREET AFORESAID. ALSO BEING UN THk EAS1 LINt Oh LUI 11. lHfcNCE HUH TH it LtlUKLES II MINUTES 41 SECONDS WEST ALONG SAID WESTERLY LINE 203.03 FEET TO THE POINT OF BEGINNING. IN COOK COUNTY. ILLINOIS, SAID ABOVE DESCRIBED PARCEL CONTAINING 8.619 SQUARE FEET OR 0 119 ACRES. MORE OR LESS /
TOGETHER WITH (PARCEL VI) THAT PART OF THE EAST-WEST IB FOOT WIDE PUBLIC ALLEY, LYING SOUTH OF AND ADJOINING LOTS IS TO IB. INCLUSIVE, AND THAT PART OF LOT 19. AND LYING NORTH OF AND ADJOINING THAT PART OF LOT 12. ADJOINING THAT PART OF LOTS 23 AND 14. AND LYING WEST OF AND ADJOINING THAT PART OF 5AIO It FOOT WIDE PUBLIC ALLEY HEKfclUHJKt VACAIED BY UKUINANCh PASSED MAHCH H, 13S5 AND RECORDED AUGUST 30 1B9S AS DOCUMENT NO 93374351, ALL IN BLOCK 4 IN W F DOMINICK'S SUBDIVISION, ANTE-FIRE. OF LOTS 1, 7 AND 3 IN SLOCK 14 IN SHEFFIELD'S ADDITION TO CHICAGO IN SECTION 31 TOWNSHIP 40 NORTH. RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PI AT THFRFflF RFCORDFO OCTOBFR 13. 1M.1 ANTF--FIRF, fiFSTRIflFn AS FOLLOWS
COMMENCING AT THE NORTHWEST CORNER OF LOT 11 IN BLOCK 4 AFORESAID THENCE NORTH 89 DEGREES C2 MINUTES 50 SECONDS EAST ALONG THE NORTH UNE OF BLOCK 4 AFORESAID I 07 FEET. THENCE SOUTH M DEGREES S4 MINUTES 46 SECONDS EAST 144.73 FEET TO THE NORTH LINF. OF SAID 16 FOOT WIDE PUBLIC ALLEY ALSO BEING ON THE SOUTH LINE OF SAID LOT II. AND THE POINT OF BEGINNING. THENCE NORTH B9 DEGREES 01 MINUTES 20 SECONDS EAST ALONG SAIO NORTH UNE 113.20 FEET TO THE WEST UNE Or THAT PART Or SAID 16 i=OOT WIDE PUBLIC ALLEY HERETOFORE VACATED BY ORDINANCE AFORESAID. AND BEING THE SOUTHEAST CORNER OF SAID LOT 19. THENCE SOUTH 01 DF.GRECS SI MINUTES 29 SECONDS FAST 16 00 FEET TO THE SOUTH UNE OF SAID 16 FOOT WIDE PUBUC ALLEY ALSO BEING THE NORTHEAST CORNER OF SAID LOT 24, THENCE SOUTH 69 DEGREES 01 MINUTES 20 SECONOS WEST ALONG SAID SOUTH LINE 102 66 FEET. THENCE NORTH 14 DEGREES W MINUTES 46 SECONDS WEST II 2B FEfcT TO THE POINT OF BEGINNING, IN COOK COUNTY. ILLINOIS SAID ABOVt DESCRIBED PARCEL CON 1 AIMING 1.727 SQUAKb FEE I OR 0 040 ACRES. MORE OR LESS
TOGETHER WIT H (PARCEL V3t THAT PART OF W McLEAN AVENUE. 66 FOOT RIGHT OF WAY, LYING SOUTH OF AND AOJOINING THAT PART OF LOTS 24 AND 29 IN BLOCK 4 IN W.F. DOMINICK'S SUBDIVISION. ANTE-FIRE. OF LOTS 1. 1 S 3 OF BLOCK 14 OF SHEFFIELD S ADDITION TO CHICAGO IN SECTIONS 29. 31, 32 I 13 TOWNSHIP 4X1 NORTH. RANUE 14 EAST OF THE 1 HIND PRINCIPAL MERIDIAN. ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 11, 1B53, ANTE-FIRE DESCRIBED AS FOLLOWS
; AFFECTED PINS.
': 14-32-120-00J AFf-ECTS LOTS S 11 IN BLOCK 6 IN "B" 114-32-120-009 AFFECTS LOTS ?-S IN BLOCK 6 IN '3' j i4-3:.-130-C03 AFETCTSIOT 15 IN BLOCK U IN B' •-4 32 130 004 AFFECTS LOT ieiN BLOCK 4 IN'S' i4.:i2-13B-CQ5rt.LFK:i5LOI 1? in BLOCK* IN E' ! 4-32-130-OOtj AFFECTS [ OT IP IN BLOCK 4 IN ' H.' 14 37-130-00 * A?CECTS LOT t£i IN BLOCK 4 IN ''=" M-32-130-012 AFFf.CTS LOT 2? IN BLOCK 4 IN T!" 14-32-130-013 AFFFCTS LOT 23 IN BLOCK 4 IN'B" 14-32-130-01-1 AFFECTS LOT 24 IN BLOCK 4 IN "B" 14-32-130-025 AFFECTS LOT 10 IN BLOCK 4 IN "B* K-32-130-C2? AFCECTS LOT 0 'N BLOCK 4 IN "B" '.4-i?-131-U0) Ar^fcCIS LOTS 63-0-1 IN BLOCK 1 IN LT '-I ^ i3t> 001 A^I-rlCIS LOTH 5-MN 3LOCK h IN 4-32-135-00.1 ArrFCIS VACAIED Al LEY '-' 1-32-125-00-1 AFFECTS LOT IN BLOCK 5 IN "B" 4-32-135-01* AFFLXTS LOT 15 IN BLOCK 1 IN "C 14-32-135-016 AFFECTS VACATED ARMITAGE T 4 VACATED 50UI HPORT T ¦4-32-135-019 AFFECTS VACATED AflMITAGC T '4 i"-l3£-rX)1 AFFECTS LOT 13'N 6iOCK2 •** 'C 14 32-302-005 AFFECTS LOI 1 IN ' E Af-'-cCTS LOT 2 -t< i-i-J2-302-0'0 ATECTS LOTS 7-10 IN V i-32-307-0-! 1 A=F[T,TS LOIS 5-7 IN
COMMENCING AT THE SOUTHWEST CORNER OF LOT 12 IN BLOCK 4 AFORESAID, BEING ALSD ON THE HOKIH LINE OH W McLEAN AVENUE. THENCE NORTH 61 DEGREES SI MINUTES 41 SECONDS EAST ALONG SAID NORTH LINE 42 50 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 24. AHD THE POINT or BEGINNING. THENCE CONTINUING NORTH 96 DEGREES 39 MINUTES 41 SECONDS EAST ALONO SAID NORTH LINE 29 II FEET TO A POINT ON THE SOUTH LINE OF SAID LOT IS. THENCE SOUTH 64 DEGREES 41 MINUTES 09 SECONDS WEET 21 19 FEET. THENCE MORI H 14 DEGREES 14 MINUTES 41 SECONDS WEST 10.15 FEET TO THE NORTH UNE OF W McLEAN AVENUE AND THE POINT OF BEGINNING. IN COOK COUNTY, ILLINOIS SAID ABOVE DESCRIBED PARCEL CONTAINING 116 SQUARE FEET OR 0.003 ACRES. MORE OR LESS
TOGETHER WITH (PARCEL V4] THAT PART OF N. SOUTHPORT AVENUE. 66 FOOT RIGHT OF WAY. LYING NORTH OF AND ADJOINING THAT "ART OF N SOUTHPORT AVENUE HERETOFORE VACATED BY ORDINANCE RECORDED JANUARY 3, 1914 AS DOCUMENT NUMBER 94014634. LYING WEST OF AND ADJOINING BLOCK 1 IN THE SUBDIVISION QF BLOCK 13 IN SHEFFIELD'S AUDI HON TO I.HICAGO ACCORDING IU THt PLAT 1HEHK1K kh-HECOKUfcU NOVEMBER 22. 1081, AS DOCUMENT HO 413935. ANTE-FIRE, AND LYING EAST OF AND AOJOINING BLOCK 4 IN W F DOMINICK'S SUBDIVISION. ANTE-FIRE, OF LOTS 1. 2 A 3 OF BLOCK 14 OF SHEFFIELD'S ADDITION TO CHICAGO IN SECTIONS 19. 31, 32 ft 11. TOWNSHIP 40 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN. ACCORDING TO THE PLAT THERFOF RECORDED OCTOBER 11, 1153, ANTE-FIRE, TOGETHER WITH THAT PARI OF W McLEAN AVENUE, 66 FOOT RICHT OF WAY, LYING WEST OF AND ADJOINING WEST SOUTHPORT AVENUE A F" ORC SAID. LYING SOUTH OF AND ADJOINING BLOCK 4 AND LYING NORTH OF AND ADJOINING BLOCK 3 ALL IN W F DOMINICK'S SUBDIVISION AFORESAID. DESCRIBED AS FOLLOWS.
BtUIHNINCi AI IH* SOU IHfcASl COKNtR Ol- LOI 10 IN BLOCK 4 AK3KE5AID BEING ON THE NORTH UNE OF W. McLEAN AVENUE ANO THE WEST UNE OF N. SOUTHPORT AVENUE. THENCE NORTH 01 DEGREES SI MINUTES 11 SECONDS WEST ALONG THE WEST LINE OF N. SOUTHPORT AVENUE 32 36 FEET. THENCE NORTH 64 DEGREES 49 MINUTES 09 SECONDS EAST 44 34 FEET; THENCE SOUTH 44 DFGREF.S 14 M1NUTFS 43 SFCONDS EAST 36 IS FEET TO THE NORTHWEST CORNER OF LOT 64 IN BLOCK t IN THE SUBDIVISION OF BLOCK 13 IN SHEFFIELD'S ADDITION TO CHICAGO AFORESAID, BEING ALSO ON THE EAST LINE OF N SOUTHPORT AVENUE, THENCE SOUTH 01 DEGREES II MINUTES 31 SECONDS EAST ALONG SAID CAST UNE 91 07 FEET TO THE NORTH UNE OF HERETOFORE VACATED H. SOUTHPORT AVENUE AFORESAID THENCE SOUTH 86 DEGREES 51 MINUTE5 49 SECONDS WEST ALONG SAID NORTH LINE BEING ALSO THE EASTERLY EXTENSION OF THE SOUTH LINF. OF W McLEAN AVENUE AND THE NORTH LINE OF BLOCK 3 AFORESAID, 180 11 FEET, THENCE NORTH IS DEGREES 34 MINUTES 27 SECONDS EAST 3 43 FEET, THENCE NORTH 64 DEGREES 49 MINUTES 09 SECONDS EAST IS2 19 FEET TO THE NORTH UNE OF W McLEAN AVENUE, ALSO BEING THE SOUTH LINE OF SAJO BLOCK 4. THENCE NORTH IS DEGREES S3 MINUTES 49 SECONDS EAST ALONG SAID NORTH UNE 72 66 FEET TO THE POINT OF BEGINNING. IN COOK COUNTY, ILLINOIS. SAID ABOVE DESCRIBED PARCEL CONTAINING 16.661 SQUARE FEET OR D 182 ACRES. MORE OR LESS
TOGETHfcH WIIH [PARCEL VS) THENCE °ART OF W ARMITAGE AVENUE, 50 FOOT H1GHT OF WAY. LYING WEST IK-' AND ADJOINING THAT PAR I UF- W ARMITAGE AVENUE HERETOFORE VACATfD BY ORDINANCE RECORDED JANUARY S. 1994 AS DOCUMENT NUMBER 94014G34, LYING SOUTH OF AMD ADJOINING DLOCK 1 AND LYING NORTH OF AND ADJOINING BLOCK 2 ALL IN J F LAWRENCE'S SUBDIVISION ANTE FIRE. OF LOT 4 OF BLOCK 14 OF SHEFFIELD'S ADDITION TO CHICAGO IN SECTIONS 19,11.12 S 33. TOWNSHIP 40 NORIH. RANGb 14 EAST OT THE THIRD PRINCIPAL MERIDIAN. ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 13, 1813, ANTE-FIRE. DESCRIBED AS FOLLOWS
BEGINNINO AT THE INTERSECTION OF THE NORTH LINE OF W ARMITAGE AVENUE (ALSO BEING THE SOUTH LINE OF SAID BLOCK I) WITH THE WEST
PARCJlAKbAtAI I'ARCEl !»j
16661 1333
3137 l-'-0C:
rolal Aiea - 33.959 iqjdrt: ( or 0 78 acres more or less
LINE OF HERE TOFORE VACATED W ARMITAGE AVENUE AFORESAID. BEING A POINT 341 IA FEt-T WEST OF THF WEST LINF OF HERETOFORE VACATED H SOUTHPORT AVENUE. VACATED BY ORDINANCE RECOHDLD JANUARY 5. 1*94 AS DOCUMENT NUMBER 94014E34, THENCE SOUTH II DEGREES 33 MINUTES
5ECONDS EAST 32.21 FEET ALONG SAID WEST LINE OF HERETOFORE VACATED W ARMITAGE AVENUE TO THE SOUTH LINE OF W ARMITAGE AVENUE (ALSD BEING THE NORTH LINE OF SAID BLOCK I) BEING A POINT 331 31 FEET WEST Ol- THE WEBI LINE Oh HERhTOhOHE VACATED N SOUTHPORT AVENUE AFORESAID. THENCE SOUTH BB DFGRFES 10 MINUTES 29 SECONDS WEST ALONG SAID SOUTH LINE 13 02 FEET TO THE NORTHWEST CORNER OF LCT 13 IN BLOCK 2 AFORESAID; THENCE NORTH IS DEGREES 53 MINUTES 09 SECONDS WEST 34 71 FEET TO THE SOUTHWEST CORNER OF LOT IS IN BLOCK 1 AFORESAID BEING ALSO ON THE NORTH UNE OF W ARMITAGE AVENUE. THENCE NORTH H DEGREES 10 MINUTES 29 SECONDS EAST ALONG SAID NORTH LINE 90 31 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS, SAID ABOVE DESCRIBED PARCEL CONTAINING 4.313 SQUARE FEET OR 0 099 ACRE5, MORE OR LESS
AND lOCifcTHEH DY11H (PAKCEu VT) THAT PART OF- N DOMINICK STREET, 66 TOOT RIGHT OF WAY. LYING EASTERLY Of AND ADJOINING THAT PART N DOMINICK STREET HERETOFORE VACATED BY ORDINANCE RECORDED AS DOCUMENT NUMBER 11509792, IN THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP40 NORTH. RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN. DESCRIBED AS FOLLOWS COMMENCING ON IHE WEST LINE CF N DOMINICK STREET AT A POINT 33 FEET NORTHERLY OF THE SOUTHEAST CORNER OF LOT 11 IN BLOCK I IN W F DOMINICK'S SUBDIVISION. ANTE-FIRE. OF LOTS 1, 2 ft 1 OF BLOCK 14 OF SHEFFIELD MINUTES S ADDITION TO CHICAGO IN SECTIONS 2S, 31 32 £ 33, TOWNSHIP 40 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN. ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 13. 1IS3. ANTE-FIRE, BEING ALSO A POINT ON A NORIHERLY LINE OF HERETOFORE VACATED DOMINICK STREET AFORESAID, THENCE NORTH 81 DEGREES 07 MINUTES II SECONDS EAST ALONG SAID NORTHERLY LINE I 00 FEET TO THE NORTHEASTERLY UNE THEREOF; THENCE SOUTH 54 DEGREES IS MINUTES 37 SECONDS EAST ALONG SAID NORTHEASTERLY UNE 69 31 FEET TO THE POINI Oh BEGINNING; THENCE NORTH 64 DEGREES 49 MINUTFS 03 SECONDS EAST 5-01 FEET; THENCE SOUTH 31 DEGREES40 MINUTES 15 SECONDS EAST
40 FEET TO THE NORTHEASTERLY LINE OF HERETOFORE VACATED DOMINICK STRCET AFORESAID. TTIENCE NORTH 54 DEGREES 35 MINUTES 37 SECONDS WEST ALONG SAID NORTHEASTERLY UNE 14 01 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY. ILLINOIS SAID ABOVE OESCRIBED PAH GEL CONTAINING .11 SQUARE FEET OR 0 001 ACRES. MORE OR LESS
CHICAGO DEPARTMENT OF FINANCE
COOK COUNTY
PREPARED FOR / MAIL TO.
SICKLING BAY
333 N GREEN ST SUITE 1100 CHICAGO li 6C-W7
SURVEYOR'S NOTES'
Field measurenMnts corrpltrtoc: on APRIL 19. 20;9
; innftri "PP-^SO" :Phrn«1 Oei-p-np^misni 1439) ss [)w
Sate of liiirsiM Cojrsy 2'Ceal()S9
We GREMLEY i BlEDERMANN (NC hereby -erury thalwe ho/e >u've*OG tne t'eiwin uY'bCMt*1'.) profit hi in that tlie Dial her six; ur.iwn is a cuiect ntprascntat r-n of said turvuv corrected tc a tamoeraliirc oi 82' r'ahnnhe t
' 10 if t cuirtnt llli:io-= minin-jrii stjrcla:cs far
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Distances ate ma-'keil in fee: iir.d ;lecirr.iii part* Uieieof Conuare all [Xtrr.i, BEFORE LiL-iding by tarn* and at once repor Bny differences BEFORE samace is done
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Fo' easements ti^ilgin^ bnos nid n'f.a rofar to your abstract, deed ccntrocl : regulations
NO dirr.ensioni tha'l be assumed Dy sca;e measuromor:: li'.proveii^ntb (if.- bu lling 'ool i mill lire (ml sfkm
CHICAGO DEPARTMENT Of TRANSPORTATION
GfiEMLcV S EiEDEPM.VJN
.2019-26965-001
EXHIBITS D-1 and D-2 DWM DEDICATION AND SUBDIVISION OUC LETTERS (Attached)
D-1
EXHIBITS D-1 and D-2 DWM DEDICATION AND SUBDIVISION OUC LETTERS (Attached)
D-1
DEPARTMENT OF WATER MANAGEMENT
February 14, 2022
Sterling Bay Companies, LLC 333 North Green Street, Suite 1100 Chicago, Illinois 60507
Attention- Martin Wood Vice President
SUBJECT: Proposed Lincoln Yards North
Water Main Installation by Others, Resident Engineering Services, Water Main Vacation and Dedication, Valve Operations, and Review of Phasing BES Project No. 14-09:071.03 Revision 1 OUC File No. EFP-101068
Mr. Wood:
This correspondence supersedes the previously issued correspondence dated August 31, 2020, and January 22, 2021. This correspondence is in response to an Office of Underground Coordination transmittal dated January 3, 2020, and revised plans received November 5, 2020, for the suDject project.
Department of Water Management - Water Section:
n order to accommodate the subject project, the Department of Water Management (DWM) will allow Sterling Bay companies LLC's contractor to install the following proposed water facilities:
Approximately 386 feet of 12-inch water main in W Armitage Avenue, from N Dominick Street to N Southport Avenue
« Approximately 1558 feet of 16-inch water main in N Dominick Street, from W Shakespeare Avenue to W Cortland Street
Approximately 52 feet of 24-inch water main in W Cortland Street, from N Southport Avenue to 45 feet EEL
Per the plans dated November 5, 2020, and pursuant to a meeting with Sterling Bay companies LLC's engineering consultant V3 Companies on November 3, 2020, the entirety of the water main pipe installed by Sterling Bay companies LLC's contractor will be restrained joint pipe. This Department will perform the connections to the existing water mains in W Shakespeare Avenue, W Dickens Avenue, W Cortland Street, and N Southport Avenue, as well as provide resident engineering services, valve operations, and water quality services for the above-mentioned work. The contractor will be responsible for: obtaining all applicable permits, excavation/OSHA shoring, backfilling/compaction, restoration to CDOT standards, and ali ductile iron pips necessary for the connections. The DWM cannot and will not make ANY connections until: 1) as-built drawings for the developer-installed pipe have been reviewed and approved by DWM, and 2) the right-of-ways with the developer-installed pipe have been dedicated to the City. Only after the completion of these two items will the DWM make the connections.
Page 2
Sterling Bay Companies, LLC February 14, 2022
in order ic accommodate Ihe proposed ADA ramp at the northwest corner of N Southport Avenue and W Dickens Avenue, the DWM must relocate an existing fire hydrant. Additionally, in order to accommodate the proposed duct package installation, this Department must remove and replace an existing fire hydrant on the northern frontage of W Dickens Avenue. The DWM will be resoonsible for excavation and backfill of the excavated areas after construction, but Sterling Bay Companies LLC's contractor shall be responsible far all permitting, traffic control and final restoration All new curb installation adjacent to fire hydrants must be painted 'safety yellow' for 15 feet on each side ofthe fire hydrant except where the 15-foot dimension intersects a crosswalk, dnveway or similar feature.
The estimated cost for the DWM to perform the above-mentioned work is $189,530.00. Please note that this estimate is based on current rates for labor (straight time), material, equipment, and overhead charges, but actual costs will be submitted for payment upon completion of the work. Should it be determined that the tire hydrants cannot be installed at the proposed location, Sterling Bay Companies LLC will be responsible for all additional costs associated with replacing the fire hydrant.
In the event Sterling Bay Companies is unable to.complete the water installation in W Armitage Avenue, N Dominick Street, and W Cortland Street, a deposit is required that will allow DWM to complete the work. The required deposit amount is $1,492,635.00. Tnis estimate are based on current rates for labor, materials, equipment, and overhead charges, but actual costs will be billed to Sterling Bay Companies upon DWM's completion of the work.
Additionally, in order to accommodate the proposed street vacations of W Armitage Avenue, W-Mdean Avenue, and N Southport Avenue, the following existing water mains must be abandoned in place.
Approximately 378 feet of 8-inch water main located ai approximately 18 feet SNL of W Armitage Avenue
• Approximately 736 feet of 12-inch water main located from approximately 20 feet tc 22 ' feet SNL of W Mclean Avenue
Approximately 843 feet of 12-inch water main located from approximately 14 feet WEL to 15 feet EWL of N Southport Avenue
The existing 8-inch and 12-inch water mains are not fully amortized. The estimated unamortized cost for these existing water mam abandonments is $425,217.84.
In order to accommodate the above mentioned abandonments, the following existing water mains and associated tee's and fire hydrant are required to be cut and capped:
12-inch x 12-inch grid main south run tee located at approximately 22 feet S SEX and 14 feet WEL of N Southport Avenue at N Kingsbury Street
12-inch x 8-inch grid main south run tee located at approximately 24 feet SNL and 34 feet WEL of N Dominick Street and W Dickens Avenue
24-inch x 16-inch reducer located at approximately 29 feet SNL and 27 feet WEL of N Dominick Street and W Cortland Street
Remove and relocate one (1) existing fire hydrant, located on the northern frontage of W Cortland Street at approximately 16 feet EEL of M Southport Avenue and reconnect to the existing 24-inch feeder main in W Cortland Street
Page 3
Sterling Bay Companies, LLC February 14, 2022
The scope of tne DWM's involvement is limited to excavation, water main pipe work and installation, backfill, valve operations, engineering sen/ices and water quality sen/ices, at an estimated cost of $102,270.00. Please note that this estimate is based on current rates for labor, material, equipment and overhead charges, but actual costs will be submitted for payment upon completion of the work. Sterling Bay Companies, LLC's contractor will be responsible for obtaining all applicable permits, tracing equipment, excavation/OSHA shoring, abandonment of appurtenances (valve box/valve basin) and final restoration tc CDOT standards.
Additionally, the estimatec cost for water quality services, including flushing of the 24-inch feeder main weekly is $24,910.00. Please note that this estimate is based on current labor rates (including overhead charges), but the actual costs of the water quality services will be submitted for payment. Should any existing water services be impacted by de-energizing this feeder mam, Sterling Bay Comoanies, LLC shall be responsible for notifying these DWM customers at least 24-hours prior to the shutdown.
This Department maintains the following existing water facilities:
4-inch water service on the northern frontage of W Dickens Avenue located at approximately 165 feet WWL of N Southport Avenue
8-inch water mam located from approximately 2 to 25 feet SNL of W Dickens Avenue at N Southport Avenue
12-inch water main located at approximately 22 feet WEL of N Dominick Street at W Shakespeare Avenue
12-inch water main located at approximately 22 feet WEL of N Kingsbury at N Southport Avenue
12-inch water main located at approximately 14 feet WEL of M Soutnport Avenue at N Kingsbury
The proposed duct package installations will cross below these existing water mains with at least 18 inches or vertical clearance. Hand excavation is required to field verify the horizontal and vertical location ot these water mains pnor to crossing.
Six (6) Type I' temporary supports are required for the existing water facilities above per HBK Engineering's "Calculations for Temporary Support cf Water Pipes Using Beams Under Strong Axis Bending Prepared for ComEd Chicago, iL" dated December 3, 2018. Once the construction is complete, the temporary support structures must be dismantled and removed per the DWM's standards. The trench shall be backfilled to the springline of these water facilities with CLSM backfill (non-fly ash), and CA-16 from the springline of the water facilities to grade. Use of polyethylene wrap as a bond breaker between the water facilities and the CLSM backfill is required.
Additionally, this Department maintains the following water mains:
Existing 8-inch water mam located at approximately 24 feet SNL of W Dickens Avenue at N Dominick Street
» Existing 8-inch water mam located at approximately 26 feet SNL of W Dickens Avenue at N Southport Avenue
Proposed 16-inch feeder mam located at approximately 25 feet EWL of N Dominick Street at W Dickens Avenue
The proposed duct package installations will cross above these existing water mains with less than 18 inches of vertical separation. Hand excavation is required to field verify the horizontal and vertical locations of the existing water mains prior to crossing.
Page 4
Sterling Bay Companies, LLC February 14, 2022
The DWM requires a minimum of 18 inches of vertical separation from water facilities. The following two (2) one-t;tne variances for the proposed ComEd duct package installation in the project limits, are issued given tne following conditions:
A minimum vertical clearance of six (6) inches between the top of the existing 8-inch water main located at approximately 24 feet SNL of W Dickens Avenue at N Dominick Street and the bottom of the existing duct package is permitted.
A minimum vertical clearance of 11 inches between the top of the proposec 16-inch, feeder main located at approximately 25 feet EWL of N Dominick Street at W Dickers Avenue and the bottom of the existing duct package is permitted.
The maximum amount of separation should be achieved from existing water facilities as field conditions allow. If a steel plate is installed above the duct package, the plate width must not exceed 12 inches. ComEd will be responsible for the support and/or relocation of the conduit should the Department require access to the water mains.
Tlie DWM requires a minimum of 18 inches of vertical separation from water facilities. The following two (2) one-time variances for the proposed AT&T duct package installation in the project limits, are issued given the following conditions:
? A minimum vertical clearance of 10 inches between the top of the existing 8-inch water
main located from approximately 25 to 26 feet SNL of W Dickens Avenue at N Southport
Avenue and the bottom of the existing duct package is permitted. » A minimum vertical clearance of 13 inches between the top of the proposed 16-inch
feeder main located at approximately 25 feet EWL of N Dominick Street at W Dickens
Avenue and the bottom of the existing duct package is permitted. The maximum amount of separation should be achieved from existing water facilities as field conditions allow. If a steel plate is installed above the cuct package, the plate width must not exceed 12 inches. AT&T will be responsible for the support and/or relocation of the condu:t should the Department require access to the water mains
The DWM requires a minimum of 18 inches of vertical separation from wate" facilities. The following two (2) one-:ime variances for the proposed Utildor duct package installation in the project limits, are issued given the following conditions.
A minimum vertical clearance of 10 inches between the top of the existing 8-irch water main located from approximately 25 to 26 feet SNL of W Dickens Avenue at N Southport Avenue and the bottom of the existing duct package is permitted.
» A minimum venVcal clearance of 13 inches between the top of the proposed 16-inch feeder main located at approximately 25 feet EWL of N Dominick Street at W Dickens Avenue and the bottom of the existing duct package is permitted.
The maximum amount of separation should be achieved from existing water facilities as field conditions allow. If a steel plate is installed above the duct package, the plate width must not exceed 12 inches. Utildor will be responsible for the support and/or relocation of the conduit should the Department require access to the water mains.
This Department maintains the following existing water main facilities and associated thrust blocks:
¦ 8-inch water main bend located at approximately 24 feet SNL of W Dickens Avenue and 5 feet WEL of N Dominick Street
8-inch water main bend located at approximately 30 feet EWL of N Southport Avenue and 2 feet SNL of W Dickens Avenue
Page 5
Sterling Bay Companies, LLC February 14, 2022
» 8-inch water main bend located at approximate y 14 feet WEL of IM Southport Avenue and 215 feet SSEX of N Kingsbury
12-inch water main bend located at approximately 22 feet SW NEL of N Kingsbury and 5 feet WEL of N Southport Avenue
The proposed duct package will be installed in close proximity to the existing water main bends and the associated thrust blocks. Hand excavation is required to field verify the horizontal and vertical location of the existing water main bends and associated thrust blocks prior to construction. The proposed trench near the above-mentioned water main bends and associated thrust blocks must be backfilled with CLSM backfill (non-fly ash). The existing water main bends and thrust blocks shall not be compromised during construction. Should it be determined in the field that these facilities may be compromised, Sterling Bay Companies, L LC must stop work and submit a revised set of plans to this Department for review and approval to ensure the protection of these water facilities.
In cder to accommodate the proposed duct package installations, this Department must provide a resident engineer to be present on-site during ihe temporary support of the existing water mains and water service, where the proposed duct packages cross above existing 8-inch water mains and the proposed 16-inch feeder main, and installations in close proximity to existing water main Dends and associated thrust blocks. The estimated cost for this resident engineer is $17,120.00 Please note that this estimate is based on current labor rates (including overhead charges), but the actual costs of the? resident engineering services will be submitted •for payment.
The DWM has been providing engineering services to assist Sterling Bay Companies. LLC with the proposed water mam design plans for Lincoln Yards North. This project has been in progress since 2014, the current engineering sen/ices cost to date is $20,000.00. The estimated cost for this Department to continue to provide engineering design services is $20,000.00. This estimate will be based on current rates for labor (straight and premium time), equipment, and overhead charges, but actual cost will be submitted for payment once construction is completed. On October 12, 2020, a sum of $40,000.00 was deposited with the City of Chicago (Permit No. 1507319) to cover the cast of these engineering services.
Three (3) certified checks in the amount of $333,830.00 ($189,530.00 + $102,270.00 + $24,910.00 -i- $17,120.00), $425,217.84, and $1,492,635.00, payable to the City of Cliicago, must be hand delivered to the Department of Buildings, Plumbing Permit and Plan Section, Room 906, City Hall, 121 N LaSalle Street, Chicago, with a copy ofthis letter.
Sterling Bay Companies LLC's contractor installing the new 12-inch, 16-inch and 24-inch water mains shall perform the following:
Submit a complete list of the shop drawings (submittals) for all water main materials to be used to complete the water main installation to the Force Account Construction Manager at FACM(5)ctrwater.net for review. Once the list is approved, the shop drawings (submittals) shall be sent at least 60 days prior to starting the work to tne Force Account Construction Manager at FACM@ctrwater.net for review.
• • It Is required that the Force Account Construction Manager be contacted at FACM@ctrwater.net two weeks prior to the anticipated construction date so a resident engineer can be assigned to the project.
Page 6
Sterling Bay Companies, LLC February 14, 2022
/
Obtain a "B-Permit" prior to construction from the City of Chicago, Department of Buildings, Plumbing Permit and Plan Section, City Hall. 121 N LaSalle Street, Room 906,(312) 744-7063
Contact the Plumbing Permit and Plan Section of the Department of Buildings regarding any proposed water service installations.
Submit as-buili drawings within two (2) weeks of completion of the work. The as-built drawings should be submitted to the Force Account Construction Manager at FACM(5)ctPPlease forward all tne CAD files and any resource/reference files for this project electronically to Susan McKee at Susan.McKee@ctrwater.net so that they can be utilized to create the water main adjustment plans.
The proposed street improvements will be located above existing water facilities located within the subject project limits. This Department requires unrestricted access to its facilities at all times. Should the DWM require access to its facilities, it will not be responsible for any costs or work for restoration of the proposed street improvements (beyond typical pavement, sidewalk, and hydroseed restoration), including but not limited to, special features. plar.ters, landscaping or structu'es.
There are existing valve basin frames and lids, water snut-cff/valve boxes, and meter vaults within the proposed reconstruction limits. It is requested that any vertical adjustment that may be required to these facilities be incorporated into the contract plans and specifications, and the work is to be performed by Sterling Bay Comoan'es. LLC's contractor. It is also requested that the final payment to ihe contractor be withheld until this Department has inspected and found the adjusted facilities acceptable. Please contact Mr. Albert Wtorkowski of the Department oc Water Management, at Albert.Wtorkowski@cityofchicago.org , in order to scnedule tne final inspection of any adjusted water facilities.
There are various water mains and appurtenances within ihe limits of this project. All proposed underground facilities must be installed in such a manner to provide the following required clearances. The minimum vertical clearance (edge-to-edge) from all water mains is 18 inches. For feeder mains (water mains 16-inches and larger), the minimum horizontal clearance (edge-to-edge) is five (5) feet, and for grid mains (water mains less than 16-inches), the minimum horizontal clearance (edge-to-edge) is three (3) feet. No proposed above ground facility (tree, planter box, light pole, etc.) can be closer than five (5) feet (edge-to-edge) from a water main or closer than three (3) feet (edge-to-edge) from a water sen/ice. Should the DWM require access to its facilities, it will not be responsible for the costs to remove or support any above ground structures adjacent to its facilities.
The proposed dry utilities will be crossing existing water services on the northern frontage of W Dickens Avenue. The proposed dry utilities will be crossing multiple existing and proposed water mains. Both water sen/ices and grid mains are typically installed with approximately five (5) feet of cover. The depth of ihe proposed dry utilities may need to be adjusted to provide the vertical clearance noted above, which must be met for crossing all water mains and services.
Page 7
Sterling Day Companies, LLC February 1-i, 2022
Regarding the proposed lighting conduit installation via directional drilling method of installation: Directional drilling is approved to a maximum depth of 33-inches. A note must be shown on every page of the plans stating these conditions. All service control valve and meter vault locations must be verified prior to construction and 3-feet of horizontal separation must be maintained. Should field conditions require additional engineering sen/ices or relocation, then CDOT shall submit funding and/or RFI for DWM approval prior to installation.
There will be multiple existing fire hydrants installed within the projects limits. In no case shall the installation of any proposed facility be closer than five (5) feet from a fire hydrant or fire hydrant lead. All new curb installation adjacent to fire hydrants must be painted 'safety yellow' for 15 feet on each side of the fire hydrant except where the 15-foot dimension intersects a crosswalk, driveway or similar feature.
If construction requires the use of water from a City fire hydrant, or adjustments or repairs are required to ary City sewer facilities in proximity to the project site, permits must be obtained from the Department of Water Management, Water anc Sewer Sections.
Proposed trees must not De planted above or within five (5) feet of the exterior pipe wall for all water mains 24-inch in diameter and larger. This 5-foot rule excludes mains that are separated from the tree by a hardscape feature or other root growth limiting conditions such as water mains located in the street.
This Department discourages tree planting over water mains that are iess than 24-inches in diameter located .n the parkway, but if necessary, will allow trees with a maximum mature height of 30 feet anc a maximum mature root depth of 2V2 feet. Potential plantings that meet this requirement include the following:
Ornamental shrubs or bushes meeting the mature height and mature root depth stated above.
Flowers or other non-woody herbaceous plants.
Above ground, removable planting containers that can be moved by construction equipment in the event that water main repair is required
Existing trees planted above water mains that do not meet these requirements do not need to be removed. However, if such existing trees are removed, all proposed trees installed in their place must meet the above mentioned requirements. Should it be nacessary for the DWM to access any of its facilities, the Department shall only be responsible for typical pavement, sidewalk, and hydroseed restoration.
All new sewer installations must meet IEPA separation requirements for water and sewer pipes. All proposed/replaced sewer laterals from catch basins/inlets, sewer mains, and private drains (collectively known as "sewer facilities") that are parallel to water mains, services or fire hydrant leads (collectively known as "water facilities") that are less than 18 inches below the water facility and rave less than 10 feet of horizontal separation rron the outside edge of the water facility must be made out of ductile iron/water main quality pipe for 10 feet on either side of the outside edge of the water facility. Additionally, all sewer facilities that cross perpendicularly below water facilities with less than 18 inches vertical separation must be made out of ductile iron/water main quaiity pipe for 10 feet on either side of the outside edge of the water facility.
Page 8
Sterling Bay Companies, LLC February 14, 2022
If any sewer facility crosses perpendicularly above a water facility, then the sewer facility shall be at least 18 inches above the water facility and the sewer facility must be made out of ductile iron/water main quality pipe for 10 feet on either side of the outside edge of the water facility. Sewer laterals that require ductile iron/water main quality pipe shall be ductile iron/water main quality pipe from the catch basin to a point 10 feet beyond the edge of the water facility.
Extreme caution is to be taken to ensure that no facility owned and maintained by this Department is damaged during construction. If damage occurs to any facilities, Sterling Bay Companies, LLC will be held responsible for the cost of repairing or replacing them.
Please note lhat the details described above are vaiid for 90 days from the date of this letter, after which time, Sterling Bay Companies, LLC will be responsible for re-submitting plans to this Department for review and revision of the estimate of cost, as needed. Failure to comply with the provisions in this correspondence may result in additional expenses to the proposed project to verify that all work conforms to the DWM's standards.
If there are any questions regarding the water facilities, please contact. Angela Krueger at Angela.Krueger@cityorchicago.org .
Sincerely,
Andrea R.TTTC'heng Ph.D., P.E. Commissioner ^
AZ
Email cc: DOB Plan Desk
Denis E. Riordan, Chief Plumbing Inspector
January 22. 2021
Sterling Bay Companies, LLC 333 North Green Street, Suite 1100 Chicago. Illinois 60607
Attention: Martin Wood Vice President
SUBJECT: Proposed Lincoln Yards North
Water Main Installation by Others & Resident Engineering Services BES Project No. 14-09:071.03 Addendum 1 OUC File No. EFP-101068
Mir. Wood:
This correspondence is in addition to the previously issued letter dated August 31, 2020, a copy of which is attached. This correspondence is in response to an Office of Underground Coordination transmittal dated January 3, 2020, and revised plans received November 5, 2020, for the subject project.
'Department of Water Management - Water Section:
In order to accommodate the subject project, the Department of Water Management (DWM) will aiiow Sterling Bay companies LLC's contractor to install the following proposed water facilities' • Approximately 385 feet of 12-inch water main in W Armitage Avenue, from N Dominick
St'eet to N Southport Avenue « Approximately 1558 feet of 15-inch water main in N Dominick Street, from W
Shakespeare Avenue to W Cortland Street » Approximately 52 feet of 24-inch water main in W Cortland Street, from N Southport Avenue to 45 feet EEL
Per the plans dated November 5. 2020, and pursuant to a meeting with Sterling Bay companies LLC's engineering consultant V3 Companies on November 3, 2020, the entirety of the water main pipe installed by Sterling Bay companies LLC's contractor will be restrained joint pipe. This Department will perform the connections to the existing water mains in W Snakespeare Avenue, W Dickens Avenue, W Cortland Street, and M Southport Avenue, as well as provide resident engineering sen/ices, valve, operations, and water quality services for the above-mentioned work. The contractor will be responsible for: obtaining all applicable permits, excavation/OSHA shoring, backfilling/compaction, restoration to CDOT standards, and all ductile iron pipe necessary for the connections. The DWM cannot and will not make ANY connections until: 1) as-built drawings for the developer-installed pipe have been reviewed and approved by DWM, and 2) the right-of-ways with the developer-installed pipe have been dedicated to the City. Only after the completion of these two items will the DWM make the connections.
Page 2
Sterling Bay Companies, LLC January 22. 2021
In order to accommodate the proposed ADA ramp at the northwest corner of N Southport Avenue and W Dickens Avenue, the DWM must relocate an existing fire nydrant. Additionally, in order to accommodate the proposed duct package installation, this Department must remove and replace an existing fire hydrant on the northern frontage of W Dickens Avenue. The DWM will be responsible for excavation and backfill of the excavated areas after construction, but Sterling Bay Companies LLC's contractor shall be responsible for all permitting, traffic control ano final restoration. All new curb installation adjacent to fire hydrants must be painted 'safety yellow' for 15 feet on each side of the fire hydrant except where the 15-foot dimension intersects a crosswalk, driveway or similar feature.
The estimated cost for the DWM to perform the above-mentioned work is $177,145.00. Please note that this estimate is based on current rates 'or labor (straight time), material, equipment, and overhead charges, but actual costs will be submitted for payment upon completion of the work. Should it be determined that the fire hydrants cannot be installed at the proposed location, Sterling Bay Companies LLC will be responsible for all additional costs associated with replacing the fire hydrant.
In the event Sterling Bay Companies is unable to complete the water installation in W Armitage Avenue, N Dominick Street, and W Cortland Street, a deposit is required that will allow DWM to complete the work. The required deposit amount is $1,356,938.00. This estimate are based on current rates for labor, materials, equipment, and overhead charges, but actual costs will be billed to Sterling Bay Companies upon DWM's completion of the work.
This Department maintains the following existing water facilities.
4-inch water service on the northern frontage of W Dickens Avenue located at approximately 165 feet WWL of N Southport Avenue
8-inch water main located from approximately 2 to 25 feet SN1. of W Dir.kens Avenue at N Southport Avenue
12-inch water main located at approximately 22 feet WEL of N Dominick Street at W Shakespeare Avenue
12-inch water mam located at approximately 22 feet WEL of N Kingsbury at N Southport Avenue
12-inch water main located at approximately 14 feet WEL of N Southport Avenue at N Kingsbury
The proposed duct package installations will cross be ow these existing water mains with at least 18 inches of vertical clearance. Hand excavation is required to field verify the horizontal and vertical location of these water mains prior to crossing.
Six (6) Type II temporary supports are required for the existing water facilities above per HBK Engineering's "Calculations for Temporal"/ Support of Water Pipes Using Beams Under Strorg Axis Bending Prepared for CcmEd Ch:cago, IL" dated December 3, 2C18. Once the construction is complete, the temporary support structures must be dismantled and removed per trie DWM's standards. The trench shall be backfilled to the sprngline of these water facilities with CLSM backfill (non-fly ash), and CA-16 f'om the springline of the water facilities to grade. Use of polyethylene wrap as a bond- breaker between the water facilities and the CLSM backfill is required.
Page 3
Sterling Bay Companies, LLC January 22, 2021
Additionally, this Department maintains the following water mains.
» Existing 3-inch water main located at approximately 24 feet SNL of W Dickens Avenue at N Dominick Street
Existing 8-inch water main located at approximately 26 feet SNL of W Dickens Avenue at N Southport Avenue
Froposed 16-inch feeder main located at approximately 25 feet EWL of N Dominick Street at W Dickens Avenue
The proposed duct package installations will cross above these existing water mains with less than 18 inches of vertical separation. Hard excavation is required to field verify the horizontal and vertical locations of the existing water mains prior to crossing.
The DWM requires a minimum of 18 inches of vertical separation from water facilities. The following two (2) one-time variances for the proposed ComEd duct package installation in the project limits, are issued given the following conditions:
A minimum vertical clearance of six (6) inches between the top of the existing 8-inch water main located at approximately 24 feet SNL of W Dickens Avenue at N Dominick Street and the bottom of the existing duct package ;s permitted.
A minimum vertical clearance of 11 inches between the top of the proposed 16-inch feeder main located at approximately 25 feet EVvL of N Dominick Street at W Dickens Avenue and the bottom ofthe existing duct package is permitted.
The maximum amount of separation should be achieved from existing water facilities as field conditions allow. If a steel plate is installed above the duct package, the plate width must not exceed 12 inches. ComEd will be responsible for the support and/or relocation of the conduit shouid the Department require access to the water mains.
The DWM requires a minimum of 18 inches cf vertical separation from water facilities. I he fallowing two (2) one-time variances for the proposed AT&T duct package installation in the project limits, are issued given the following conditions:
A minimum vertical clearance of ' 0 inches between the top of the existing 8-inch water main located from approximately 25 tc 26 feet SNl of W Dickens Avenue at N Southport Avenue and the bottom of the existing duct package is permitted.
A min;mum vertical clearance cf 13 inches between the top of the proposed 18-inch feeder main located at approximately 25 feet EWL of N Dominick Street at W Dickens Avenue and the bottom of the existing duct package is permitted.
The maximum amount of separation should be achieved from existing water facilities as field conditions allow. If a steel plate is installec above the duct package, the plate .width must not exceed 12 inches. AT&T will be responsible for the support and/or relocation of the conduit should the Department require access to the water mains.
The DWM requires a minimum of 13 inches of vertical separation from water facilities. The following two (2) one-time variances for the proposed Utildor duct package installation in the project limits, are issued given the following conditions:
A minimum vertical clearance of 10 inches between the top of the existing 8-inch water main located from approximately 25 to 26 feet SNL of W Dickers Avenue at N Southport Avenue and the bottom ofthe existing duct package is permitted.
A minimum vertical clearance of 13 inches between the top of the proposed 15-inch feeder main located at approximately 25 feet EWL cf N Dominick Street at W Dickens Avenue and the bottom ofthe existing duct package is permitted.
Page 4
Sterling Bay Companies. LLC January 22. 2C21
The maximum amount of separation snould be achieved from existing water facilities as field conditions allow. If a steel plate is installed above the duct package, the plate width must not exceed 12 inches. Utildor will be responsible for the support and/or relocation of the conduit should the Department require access to the water mains
This Department maintains the following existing water main facilities and associated thrust blocks:
o 8-inch water main bend located at approximately 24 feet SNL of W Dickens Avenue 'and
5 feet WEL cf N Dominick Street » 8-inch water main bend located at approximately 30 feet EWL of N Southport Avenue
and 2 feet SNL of W Dickens Avenue ¦ 8-inch water main bend located at approximately 14 feet WEL of N Southport Avenue
and 215 feet SSEX of N Kingsbury « 12-inch water mam bend located at approximately 22 feet SW NEL of K Kingsbury and 5 feet WEL of N Southport Avenue The proposed duct package will be installed in close proximity to the existing water main bends and the associated thrust blocks. Hare excavation is required to field verify the horizontal and vertical location of the existing water main bends and associated thrust oiocks prior to construction. The proposed trench near the above-mentioned water main bends and associated thrust blocks must be backfilled with CLSM backfill (non-fly ash). The existing water main bends and thrust blocks shall not be compromised during construction. Should it be determined in the field that these facilities may be compromised, Sterling Bay Companies, LLC must stop work and submit a revised set of plans to tnis Department for review and approval to ensure the protection of these water facilities.
In order to accommodate the proposed duct package installations, this Department must provide a resident engineer to be present on-site during the temporary support of the existing water mains and wate:' service, where the proposed duct packages cross above existing 8-inch water mains and the proposed 16-incn feeder main, and installations m close proximity to existing water main bends and associated thrust blocks. The estimated cost for this resident engineer is $17,120.00. Please note that this estimate is based on current labor rates (including overhead charges), but the actual costs of the resicent engineering services will be submitted for payment.
Two (2) certified checks in the amount of $194,265.00 ($177,145.00 + $17,120.00), and $1,356,938.00, payable to the City of Chicago, must be hand delivered to the Department of Buildings, Plumbing Permit and Plan, Section, Room 906, City Hall, 121 N LaSalle Street, Chicago, wtth a copy of this letter.
Sterling Bay Companies LLC's contractor installing the new 12-inch, 16-inch and 24-inch water mains shall perform the fallowing.
Submit a complete list of the shop drawings (submittals) for ali water main materials to be used to complete the water main installation to the Force Account Construction Manager at FACM@ctrwater.net for review. Once the list is approved, the shop drawings (submittals) shall be sent at least 60 days prior to starting tho work to the Force Account Construction Manager at FACM@ctrwater.net for review.
It is required that the Force Account Construction Manager be contacted at FACMfa>ctnA/ater.net two weeks pricr to the anticipated construction date so a resident engineer can be assigned to the project.
Page 5
Sterling Bay Companies, LLC January 22, 2021
* Ootain a "B-Permit" prior to construction from the City of Chicago, Department of Buildings, Plumbing Permit and Plan Section, City Hall, 121 N LaSalle Street, Room 906, (312) 744-7063.
¦ Contact the Plumbing Permit and Plan Section of the Department of Buildings regarding any proposed water service installations.
• Submit as-built drawings within two (2) weeks of completion of the work. The as-built drawings should be submitted tc the Fcrce Account Construction Manager at FACM@ctrwater.net . The as-built drawings must also include the materials used and dimensions of all underground work that is required for IEPA comp'iance. The DWM will not perform the source and final connections until as-built drawings are reviewed and approved by this Department.
Please forward all the CAD files and any resource/reference files for this project electronically to Susan McKee at Susan.McKee@ctrwater.net so that they can be utilized to create the water main adjustment plans.
The proposed street improvements will be located above existing water facilities located within the subject project limits This Department requires unrestricted access to its facilities at all times. Should the DWM require access to its facilities, it will not be responsible for any costs or work for restoration of the proposed street improvements (beyond typical pavement, sidewalk, and hydroseed restoration), including but net limited to, special features, oianters, landscaping or structures.
There are existing valve basin frames and lids, water shut-off/valve boxes, and meter vaults within the proposed reconstruction limits. It is requested that any vertical adjustment that may be required to these facilities be incorporated into the contract plans and specifications, and the work is to be performed by Sterling Bay Companies, LLC's contractor, it is also requested that the final payment to the contractor be withheld until trtis Department has inspected and found the adjusted facilities acceptable. Please contact Mr. Albert Wtorkowski of the Department of Water Management, at Albert.Wtorkowski@cityofchicago.org , in order to schedule the final inspection of any adjusted water facilities
There are various water mains and appurtenances within the limits ofthis project. All proposed underground facilities must.be installed in such a manner to provide the followng required clearances. The minimum vertical clearance (edge-to-edge) from all water mains is 18 inches. For feeder mains (water mains 16-inches and larger), the minimum horizontal clearance (edge-tc-edge) is five (5) feet, and for grid mains (water mains less than 16-inches), the minimum horizontal clearance (edge-to-edge) is three (3) feel. No proposed above ground facility (tree, planter box, light pole, etc.) can be closer than five (5) feet (edge-to-edge) from a water main or closer than Ihree (3) feet (edge-to-edge) from a water service. Should the DWM require access to its facilities, it will not be responsible for the costs to remove or support any above ground structures adjacent to jts facilities.
The proposed dry utilities will be crossing existing water services on the northern frontage of W Dickens Avenue. The proposed dry utilities will be crossing multiple existing and proposed water mains. Both water services and grid mains are typically installed with approximately five (5) feet of cover. The depth of the proposed dry utilities may need to be adjusted to provide the vertical clearance noted above, which must be met for crossing all water mains and services.
Page 6
Sterling Bay Companies. LLC January 22, 2021
Regarding the proposed lighting conduit installation via directional drilling method of installation. Directional drilling is approved to a maximum depth of 33-inches. A note must be shown on every page of the plans stating these conditions. All service control valve and meter vault locations must be verified prior to construction and 3-feet of horizontal separation must be maintained. Should field conditions require aoditional engineering services or relocation, then CDOT shall submit funding and/or RFI ''or DWM approval orior to installation.
There will be multiple existing fire hydrants installed within the projects limits. In no case shall the installation of any proposed facility be closer than five (5) feet from a fire hydrant or fire hydrant lead All new curb installation adjacent to fire hydrants must be painted 'safety yellow' for 15 feet on each side of the fire hydrant except where the 15-foot dimension intersects a crosswalk, dnveway or similar feature.
If construction requires the use of water from a City fire hydrant, or adjustments or repairs are required to any City sewer facilities in proximity to the project site, permits must be obtained from the Department of Water Management, Water and Sewer Sections.
Proposed trees must not be planted above or w thin five (5) feet of the exterior pipe wall for all water mains 24-inch in diameter and larger. This 5-foot rule excludes mains that are separated from the tree by a hardscape feature or other root growth limiting conditions such as water mams located in the street.
This Department discourages tree planting over water mains that are less than 24-inches in diameter located in the parkway, but if necessary, will allcw Lees with a maximum mature height of 30 feet and a maximum mature, root depth cf 2Vi feet. Potential plantings that meet tnis requirement include the following
Ornamental shrubs or bushes meeting the mature height and mature root depth stated above.
Flowers or other non-woody herbaceous plants.
Above ground, removable planting containers that can be moved by construction equipment in the event that water main repair is required.
Existing trees planted above water mains that do not meet these requirements do not need to be removed. However, if such existing trees are removed, all proposed trees installed in their place must meet the above mentioned requirements. Should it be necessary for the DWM to access any of its facilities, the Department shall only be responsible for typical pavement, sidewalk, and hydroseed restoration.
All new sewer installations must meet IEPA separation requirements for water and sewer pipes. All proposec/replaced sewer laterals fronvcatch basins/inlets, sewer mains, and private drains (collectively known as "sewer facilities") that are parallel to water mains, services or fire hydrant leads (collectively known as "water facilities") that are less than 18 inches beiow the water facility and have less than 10 feet of horizontal separation from the outside edge of the water facility must be made out of ductile iron/water main quality pipe for 10 feet on either side of the outside edge of the water facility Additionally, all sewer facilities that cross perpendicularly below water facilities with less than 18 inches vertical separation must be made out of ductile iron/water main quality pipe for 10 feet on either side of the outside edge of the water facility.
Page 7
Sterling Bay Companies, LLC January 22, 2021
If any sewer facility crosses perpendicularly above a water facility, then the sewer facility shall be at least 18 inches above the water facility and the sewer facility must be made out of ductile iron/water main quality pipe for 10 feet on either side of the outside edge of the water facility. Sewer laterals that require ductile iron/water main quality pipe shall be ductile iron/water main quality pipe from the catch basin to a point 10 feet beyond the edge ofthe water facility.
Extreme caution is to be taken to ensure that no facility owned and maintained by this Department is damaged during construction. If damage occurs to any facilities, Sterling Bay. Companies, LLC will be held responsible for the cost of repairing or replacing them.
Please note that the details described above are valid for 90 days from the date of this letter, after which time, Sterling Bay Companies, LLC will be responsible for re-submitting plans to this Department for review and revision of the estimate ot cost, as needed. Failure to comply with the provisions in this correspondence may result in additional expenses to the proposed project to verify that all work conforms to the DWM's standards.
If there are any questions regarding the water facilities, please contact Angela Krueger at Angela.Krueger@cityofchicago.org .
Sincerely,
Andrea R.Rrefte'ng Ph.D., P.E. Acting Commissioner
AZ
DOB Plan Desk
rify oi- cnicftgo +
O'PARIMSNI OF WATER MANAGEMENT
June 2 1, 2022
City of Chicago Department of Transportation Division oflnfrastructitre Management Office of Underground Coordination 30 North LaSalle Street, .VJ Floor Chicago, Illinois 60602
Attn: Mr. Jai Kalayil
Deputy Commissioner
Rc: Proposed Dedication and Subdivision Ordinance 2nd Ward
For: Lincoln Yards North
Subdivision ot land and dedication ot" ROW in the general area bounded by N. Elston Ave, W. Dickens Ave. (2100 N), N. Clybourn Ave, and W. Willow St. (extended) (1740 N). Previously reviewed as OUC VD-102649.
REVISED
OUC File No. VD-110518 M&P Project No. 32-02-20-3936 Water Atlas Page 186 & 204 Sewer Atlas Page 40-1-19 & 40-1-20
Dear Mr. Kalayil:
This letter is a revised response to your inquiry dated June 11, 2021 concerning the proposed dedication and subdivision. This letter supersedes the previous letter dated July 9, 2021.
I) The Department of Water Management (DWM) - Water Section
Once the water mains addressed under VD-1 105 17 (Lincoln Yards North vacation) have been abandoned, the following existing water mains abut or are within the proposed subdivision and must remain:
A 12-inch water mam in N. Dominick Street from W. Webster Avenue to W. Shakespeare Avenue;
An 8-inch water main in W. Dickens Avenue from "N. Dominick Street to N. Southport Avenue;
A 12-inch water main in N. Southport Avenue from W. Dickens Avenue to N. Kingsbury Street;
A 12-inch water main in N. Kingsbury Street from N. Southport Avenue to W. Cortland Street; and
A 24-inch water main in W Cortland Street from N. Kingsbury Street to vacated N. Southport Avenue (pioposed N. Throop Street).
The Water Section has no objection lo the proposed dedication and subdivision, provided the following are pan of the dedication and subdivision ordinance:
OUt: File No. VD-1 10.51 S REVISED June 2!, 30.2 Piigi: 2 of 5
New water mains are to be installed by the developer at their expense in the following sizes aud locations:
A 16-inch water main in N. Dominick Streei fmm VV. Shakespeare Avenue to W. Armitage Avenue, connecting to the existing 24-inch water main in
W. Shakespeare Avenue, the existing 8-inr.h water main in W. Dickens Avenue, the proposed I 2-inch water main in W. Armitage Avenue and extending south inio N. Throop Street (approximately 760 feet),
A 16-inch water main in N. Throep Street connecting to the new 16-inch water main in N Dominick Street and the new 24-inch water main in W. Cortland Street (approximately 798 feet);
A 12-inch water main in W. Armitage Avenue connecting the r.cvv 16" water main in N. Dominick Street/'N. Throop Street to the existing 12-inch water main in
N. Southport Avenue (approximately 386 feet);
A 24-inch water main in W. Cortland Street connecting the new 16" main in N. Throop Street to the existing 24-inch water main in W. Cortland Street (approximately
52 feel);
The 24-inch water main in W. Cortland Street, must connect to the 24-inch water main in N Throop Street going under the North Branch, of the Chicago River connecting to Lincoln Yards South. The water main crossing under the North Branch ofthe Clu'cago River is addressed in the Lincoln Yards South dedication letter, VD-102775.
As part ofthc installation of the 16-inch watci main in N. Dominick Sireet, the existing 12-inch water main in N. Dominick Street between W. Shakespeare Avenue and W. Dickens Avenue is to be abandoned.
The new water mains are subject to Ihe following.
i. All proposed water main plans are subject to DWM review and approval.
The final phasing and sequencing ofthe installation of these various mains will be determined by DWM.
DWM will make all final connections between the new water mains and the existing DWM system.
The DWM cannot and will not make ANY connections until i) as-built drawings for the developer-installed p:pe have been reviewed and approved by DWM, and 2) the rights-of-way with the developer-installed pipe have been dedicated to the City. Only after the completion of these two items will the DWM make the connections
The total estimated cost for the DWM to make the connections (S189,530.00) and perform additional work necessaiy to accommodate the development ($17,120.00) is $206,650.00 See che attached letter dated February 14, 2022 for further details. This estimate is based on cunent rates for labor (straight time), material, equipment and overhead charges, but actual costs will be submitted for payment upon completion of the work. Instructions for payment ofthis deposit are in the attached letter.
In the event the developer is unable lo complete the water main installations described above, a deposit is required that will allow DWM Lo complete the work. The required deposit amount is $1,492,635.00. This estimate is based on current rates for labor,
OUC Fik No. VD-1 li)5iS REVISED June 21, 2022 Page 3 of 5
materials, cqmpnsenc, and overhead charges, but actual costs will be billed to the developer upon DWM's completion of the work.
The developer shall provide the DWM with an irrevocable, unconditional letter of credit in the amount of $1,492,635.00 for tiie required Water Main Installation deposit, and in the form ofthc Letter of Credit, all as set forth in the Agreement Regarding Temporary Easement for DfVM Facilities (''Agreement") being developed, similar in language and scope to the Agreement developed for Lincoln Yards South.
vii. Further requirements may be developed as development proceeds or changes.
Fur questions regarding water facilities, please contact Andrew McFarland at andrew.mcfarIand@cityofchicago.org .
The Department of Water Management (DWM) - Sewer Section
Per Exhibit of New Lots and Street Dedications with Subdivision, there are total (lO)-ten lots are proposed for subdivision and represented as Lot I, Lot 2, Lot 3, Lot 4. LoL 5, Lot 6, Let 7, Lot S, Lot 9 and Lot 10.
Lot I, Lot 2, Lot 4, Lot 7, Lot 8 and Lot 10: Based on sewer records, there arc no City sewer facilities within the limits of the area proposed for subdivision. Therefore, the Sewer section has no objection to the proposed subdivision of Lot. I, Lot 2, Lot 4, Lot 7, Lot S and Lot 10.
Lot 3: Based on sewer records, there is a 24-inch public sewer on N Dominick St - W Dickens Ave to W McLean Ave and within the proposed subdivision of Lot 3. Please sec detailed conditions below for Lot 3:
Lot 5, Lot 6 and Lot 9: Based on sewer records, following sewers are present in Lot 5, Lot 6 and Lot 9-
i. 12-inch public sewer on W McLean Ave - N Dominick St to N Southport Ave
ii. 1 8-inch to 24-inch public sewer on N Southport Ave - W Dickens Ave to
W Cortland St
iii. 12-inch public sewer on W Armitage - approx. 30S-feet west of west line of N Southport Ave to N Soulhporl Ave
Please see detailed conditions below for Lot 3, Lot 5. Lot 6 and Lot 9:
Detailed conditions for Lot 3, Lot 5, Lot 6 and Lot 9: The Sewer Section will approve the proposed subdivision with dedication, provided the beneficiary must agree with the conditions below:
A. All existing easements for sewer mains listed above in Lot 3, Lot 5, Lot 6 and Lot 9 must remain the same with no change. Foi the sewers without an easement in Lot 3, Lot 5, Lot 6 and Lot 9, the beneficiary must agree with the conditions below.
There must be a reservation of forty (40) feet wide centered at the existing public sewers.
The Sewer Section requires a minimum of forty (40) feet of veitical clearance from ground level to provide access to construction machinery that would be necessary in the event of a break or if maintenance or relocation were required in the future.
OUC File No VD-; I rj5' H RFVISED lunc 21, 202: Pjgc 4 of 5
No temporary or permanent buildings or other structures shall be erected upon or over the areas where reservations are required.
The City of/Chicago Department of Water Management must have continuous 24-hour access without any obstructions like fences or bollards to the area where the reservations are required.
It is the beneficiary's responsibility to maintain proper drainage iii the areas where reservations are required.
All proposed plans for improvements must be submitted to and approved by the Department of Water Management - Sewer Section prior to construction.
The beneficiary ofthe proposed subdivision where the reservations are required must be responsible for the repair, renewal, or replacement of the physical improvements on the areas to be reserved, which may be damaged in connection with the maintenance and repair, or replacement ofthe sewer facilities aud appurtenances.
Any adjustments to the Sewer Section's facilities in the areas where reservations are required must be paid by the beneficiary. .
Tfand when the owner/developer install the new sewers as a sewer relocation work into new dedicated public ROW and accepted by City, these sewers In Lot 3, Lot 5. Lot 6 and Lot 9 should be abandoned. The abandonment plans must meet the Department of Water Management. Sewer Design Section's requirements.
Existing private sewers in the areas to be dedicated will be sealed and removed at the expense ofthe beneficiary, in accordance with the standard procedures ofthe Department of Water Management, Sewer Section.
If and when the existing private main sewers and appurtenances are abandoned, the abandonment plans must mceL the Department of Water Management, Sewer Design Section's requirements.
Private stnictures are not allowed in the public right oi'way without an ordinance established by the City Council. Existing private structures must be relocated into private property, abandoned or established through a City Council ordinance.
It is the owner's / developer's responsibility to provide proper drainage in the areas to be dedicated. When the final plans are available, the owner's / developer's engineering staff must discuss those plans with Scwcr Section Engineering Personnel.
Please be advised that any underground sewer work, including the public main sewers and sewer structures associated with the proposed dedications, must be submitted for review and installed at the expense ofthe beneficiary. All permits ana inspection costs shall be at the beneficiary's expense. The developer will be the owner and responsible for the maintenance ofthe public sewers and sewer stixictures within the dedicated ROWs until the ownership and maintenance is transferred from the developer to CDWM. The ownership and maintenance of said public sewers and sewer structures will be accepted by the Department of Water Management only after receiving, reviewing, and approving the construction as-built drawings and videotaped inspection uf the new sewer main. Notification of acceptance ofthe sewers installed by ihe developer will come in the form of a letter from the Commissioner.
OUC File No VD-l 10518 REVISED June 21, 2022 Page 5 or 5
G. Permits are required to be obtained by a Licensed Drainlayer from the Department of Buildings - Sewer Permit Section for all underground sewer work, in both the public way and on private property. As-built plans ofthe public sewer and combined public main sewers indicating the street location ofthe main sewer(s) and appurtenances must be submitted to the Department of Water Management for record purposes within 30 days of completion.
If there are any questions regarding the sewer facilities, contact Anupam Verma at Anupam.Verrua@CityofChicago.org .
Very truly yours,
Andrea R^tT:hc?rg, Ph.D , P E. Commissioner ^
CITY OF CHICAGO
... ¦ • *
July 9. 2021
City of Chicago Department of Transportation Division of Infrastructure Management Office of Underground Coordination 30 North LaSalle Street. 3"1 Floor Chicago, Illinois 60602
Attn: Mr. Jai Kalayil
Coordinator of Street Permits
Re: Proposed Dedication and Subdivision Ordinance 2"" Ward
For: Lincoln Yards North
Subdivision of land and dedication of ROW in the general area bounded by N. Elston Ave, W. Dickens Ave. (.2100 N), N. Clybourn Ave, and W. Willow St. (extended) (1740 N). Previously reviewed as OUC VD-102649.
OUC File No. VD-110518 M&P Project No. 32-02-20-3936 Water Atlas Page 186 & 204 Sewer Atlas Page 40-1-19 & 40-1-20
Dear Mr. Kalayil:
This letter i.s in response to your inquiry dated June 11, 2021 concerning the proposed dedication and subdivision.
I) The Department of Water Manaucmcnt (DWM) - Water Section
Once the water mains addressed under VD-I 10517 (Lincoln Yards Norlh vacation) have been abandoned, the following existing water mains abut or are within the proposed subdivision and must remain:
A 12-inch water main in N. Dominick Street from W. Webster Avenue to W Shakespeare Avenue;
An 8-inch water main in W. Dickens Avenue from N. Dominick Sireet to N. Southport Avenue;
A 12-inch water main in N. Southport Avenue from W. Dickens Avenue to N Kingsbury Street;
A 12-irich water main in N. Kingsbury Street from N. Southport Avenue to W. Cortland Street;"and
A 24-inch water main in W Cortland Street from N. Kingsbury Street to vacated N. Southport Avenue (proposed N. Throop Street).
The Water Section1 has no objection to the proposed dedication and subdivision, provided the following are part of the dedication and subdivision ordinance:
OUC File No. VD-110518 July 9.2021 Page 2 oi' -i
New water mains are to be installed by the developer at their expense in the following sizes and locations:
A 16-inch water main in N. Dominick Street from W. Shakespeare Avenue to W Armitage Avenue, connecting to the existing 24-inch water main in
VV. Shakespeare Avenue, the existing 8-inch water main in VV. Dickens Avenue, the proposed 12-inch water main in VV Armitage Avenue and extending south into N. Throop Street (approximately 760 feet);
A 16-inch water main in N. Throop Street connecting to the new 16-inch water main in N. Dominick Street and the new 24-inch water main in W. Cortland Street (approximately 798 feet);
A 12-inch water main in W. Armitage Avenue connecting the new 16" water main in N. Dominick Sireet/N. Throop Street to the existing 12-inch water mam in
N Southport Avenue (approximately 386 feet);
A 24-inch water main in VV. Cortland Street, connecting the new 16" main in N. Throop Street to the existing 24-inch water main in VV Cortland Street (approximately
52 feet);
c. The 24-inch water main in W. Cortland Street must connect to the 24-inch water main m N. Throop Street going under the North Branch of the Chicago River connecting to Lincoln Yards South.
As part of the installation ofthe 16-inch water main in N. Dominick Street, the existing 12-inch water main in N. Dominick Street between VV. Shakespeare Avenue and W. Dickens Avenue is lo be abandoned.
The new water mains arc subject to the following:
i. Ail proposed water main plans are subject to DWM review and approval.
The final phasing and sequencing of the installation of these variousjnains will be determined by DWM.
DWM will make all final connections between the new water mains and ihe existing DWM system.
iv The estimated cost for the DWM to make the connections and perform additional work necessary to accommodate the development is $194,265.00. See the attached letter dated January 22, 202 I for further details. This estimate is based on current rates for labor (straight time), material, equipment and overhead charges, but actual costs will be submitted for payment upon completion of ihe work. Instructions for payment ofihis deposit are in the attached letter.
v. In ihe event the developer is unable to complete the water main installations described above, a deposit is required that will allow DWM to complete the work. The required deposit amount is $1,356,938.00. This estimate is based on current rates for labor, materials, equipment, and overhead charges, but actual costs will be billed to the develcper upon DWM's completion ofthe work.
The developer shall provide the DWM with an irrevocable, unconditional letter of credit in (he amount of $ 1,356,938.00 lor the required Water Main Installation deposit, and in the form of the Letter of Credit, all as set forth in the Agreement Regarding
OUC File No. VD-1 10518 July y. 2021 Page 3 oN
Temporary Easement For DWM Facilities (''Agreement") being developed, similar in language and scope to the Agreement developed for Lincoln Yards South.
vi. Further requirements may be developed as development proceeds or changes.
For questions regarding water facilities, please contact Andrew McFarland at andrew.mcfarland@cityofchicago.org .
Tho Department of Water Management fDWM) - Sower Section
Per the Exhibit of New Lots and Street Dedications with Subdivision, there are a total of ten (10) lots proposed for subdivision and represented as Lot 1. Lot 2. Lot 3. Lot 4. Lot 5. Lot 6, Lot 7. Lot 8. Lot 9 and Lot 10. Conditions for these lots are as follows.
Lot 1, Lot 2, Lot 4. Lot 7, Lot 8 and Lot 10: Based on sewer records, there are no City sewer facilities within the limits of the area proposed for subdivision Therefore, the Sewer section has no objection to the proposed subdivision of Lot I, Lot 2. Lot 4, Lot 7 and Lot 8.
Lot 3: Based on sewer records, there is a 24-inch public sewer on N Dominick St from W Dickens Ave to W McLean Ave and within the proposed subdivision of Lot 3. Please sec detailed conditions below for Lot 3:
Lot 5, Lot 6 and Lot '): Based on sewer records, the following sewers are present in Lot 5. Lot 6 and Lot 9-
I. 12-inch public sewer on W McLean Ave - N Dominick St to N Southport Ave II. I 8-inch to 24-inch public sewer on \' Southport Ave. - W Dickens Ave to W Cortland St
III. 12-inch public sewer on W Armitage - approx. 30R-feet west of west line of N Southport Ave to N Southport Ave
Please see detailed conditions below for Lot 5, Lot 6 and Lot 9:
Detailed conditions for Lot 3, Lot 5. Lot 6 and Lot 9: The Sewer Section will approve the proposed subdivision with dedication, provided the beneficiary must agree with the conditions below
a. All sewer mains listed above m Lot 3. Lot 5, Lot 6 and Lot 9 inusi be retained and maintained in addition, the Sewer Section requires a minimum of forty (40) feet of vertical clearance from ground level to provide access to construction machinery that would be necessary in the event of a break or if maintenance or relocation were required in the future. If and when the owner /developer install the new sewers as a sewer relocation work into new dedicated public ROW and accepted by Ciiy, these sewers In Lot 3, Lot 5. Lot 6 and Lot 9 could be abandoned. The abandonment plans must meet the Department of Water Management! Sewer Design Section's requirements.
OUC File Nil VD-11051R July 0.2021 Page 4 or 4
Existing private sewers in the ureas lo be dedicated will be sealed and removed al the expense of the beneficiary, in accordance with the standard procedures of the Department of Water Management, Sewer Section.
If and when the existing private main sewers and appurtenances are abandoned, the abandonment plans must meet the Department of Water Management, Sewer Design Section's requirements.
Private structures are not allowed in the public right of way without an ordinance established by the City Council. Existing private structures must be relocated into private property, abandoned or established through a City Council ordinance.
It is the owner's / developer's responsibility to provide proper drainage in the areas to be dedicated. When the final plans are available, the owner's / developer's engineering staff must discuss those plans with Sewer Section Engineering Personnel.
Please be advised that any underground sewer work, including the public main sewers and sewer structures associated wilh the proposed dedications, must be submitted for review and installed at the expense of the beneficiary. The maintenance of the public sewers and sewer structures will be accepted by the Department of Water Management only, after physical and videotape inspection approved by the Department of Water Management.
Permits are required to be obtained by a Licensed Drainlayer from the Department of Buildings - Sewer Permit Section for all underground sewer work, in both the public way and on private property. As-built plans ofthe public sewer and combined public: main sewers indicating the street location ofthe main sewer(s) and appurtenances must be submitted to the Department of Water Management for record purposes within 30 days of completion.
If there are any questions regarding the sewer facilities, contact Anupam Verma at Anupam.Verma@CityofChicago.org .
Very truly yours.
EXHIBIT E-1 and E-2 DWM VACATION OUC LETTERS (Attached)
E l
Citv of Chicago
C-c'ARTVENT OF WAT zK MANAGEMENT
August 31, 2020
Sterling Bay Companies, LLC 333 North Green Street, Ste 1100 Chicago, Illinois 60607
Attention: Martin Wood Vice President
SUBJECT: Proposed Lincoln Yards North
Resident Engineering Services, Water Main Vacation and Dedication, Valve Operations and Review of Phasing Plan BES Project No. 14-09:071.03 OUC File No. EFP-101068
Mr. Wood:
This correspondence is in response to an Office of Underground Coordination transmittal.dated January 13, 2020, and revised plans received August 20, 2020, for the subject project.
The proposed development consists of conceptual roadway reconstruction, vacation and dedication plans for the subject project. Sterling Bay Companies, LLC shall submit final engineering plans for the overall project to the Department of Water Management (DWM) for review and approval prior to the start of construction. Upon review of the final engineering plans, additional DWM involvement may be required in the overall project, resulting in additional costs to Sterling Bay Companies, LLC.
The Department of Water Management - Water Section
This Department maintains several existing grid and feeder mains located within the proposed project limits In order to accommodate the proposed street reconstruction, dedication, and vacation, the DWM will allow Sterling Bay Companies, LLC's contractor to replace and install the proposed grid and feeder mains. The DWM crews will be responsible for all final connections to the DWM's system, backfill, operation of all valves necessary for the water main work, provide resident engineering and water quality services. The DWM cannot and will not take ownership of the water main pipe installed by the Sterling Bay Companies, LLC's contractor in private property until the right-of-way has been dedicated to the city. The DWM will also not perform the source and final connections until as-built drawings are reviewed and approved by this Department.
Sterling Bay Companies, LLC's contractor will be responsible for obtaining all applicable permits, traffic control and final restoration to CDOT standards for the above-mentioned work. The DWM will perform tne excavation, pipework and backfill to grade of the excavated areas.
Page 2
Sterling Bay Companies, LLC August 31, 2020
Additionally, in order to accommodate the proposed street vacations of W Armitage Avenue, W Mclean Avenue, and N Southport Avenue, the following existing water mains must be abandoned in place:
Approximately 378 feet of 8-inch water main located at approximately 18 feet SNL of W Armitage Avenue
Approximately 1,026 feet of 12-inch water main locatec from approximately 20 feet to 22 feet SNL of W Mclean Avenue • Approximately 843 feet of 12-inch water main located from approximately 14 feet WEL to 15 feet EWL of N Southport Avenue
The existing 8-inch and 12-inch water mains are not fully amortized. The estimated unamortized
cost for these existing water main abandonments is $434,800.00.
In order to accommodate the above-mentioned abandonments, the following existing water mains and associated tee's and fire hydrant are required to be cut and capped:
12-inch x 12-inch grid main south run tee located at approximately 22 feet S SEX and 14
feet WEL of N Southport Avenue at N Kingsbury Street
12-inch x 8-inch grid main south run tee located at approximately 24 feet SNL and 34 feet WEL of N Dominick Street and W Dickens Avenue
24-inch x 16-inch reducer located at approximately 29 feet SNL and 27 feet WEL of N Dominick Street and W Cortland Street
Remove and relocate one (1) existing fire hydrant located on the northern frontage of W Cortland Street at approximately 16 feet EEL of N Southport Avenue and reconnect to the existing 24-inch feeder main in W Cortland Street The scope of the DWM's involvement is limited to excavation, water main pipe work and installation, backfill, valve operations, engineering services and water quality services, at an estimated cost of $96,700.00. Please note that this estimate is based on current rates for labor, material, equipment and overhead charges, but actual costs will be submitted for payment upon completion of the work. Sterling Bay Companies, LLC's contractor will be responsible for obtaining all applicable permits, tracing equipment, excavation/OSHA shoring, abandonment of appurtenances (valve box/valve basin) and final restoration to CDOT standards.
Additionally, the estimated cost for water quality services, including flushing of the 24-inch feeder main weekly is $17,800.00. Please note that this estimate is based on current labor rates (including overhead charges), but the actual costs of the water quality services will be submitted for payment. Should any existing water services be impacted by de-energizing this feeder main, Sterling Bay Companies, LLC shall be responsible for notifying these DWM customers at least 24-hours prior to the shutdown.
The DWM has been providing engineering services to assist Sterling Bay Companies, LLC wilh the proposed water main design plans for Lincoln Yards North. The current engineering services cost to date is $20,000.00. The estimated cost for this Department to continue to provide engineering design services is $20,000.00. The estimated cost for the DWM to provide all final connections, valve operations, resident engineering services, and water quality services will be determined in the future as the project finalizes. This estimate will be based cn current rates for labor (straight and premium time), equipment, and overhead charges, but actual cost will be submitted to Sterling Bay Companies, LLC for payment once construction is completed. Note the additional scope of DWM involvement and costs and expenses may increase upon review of the final engineering plans.
Page 3
Sterling Bay Companies, LLC August 31, 2020
A certified check in the amount of $589,300.00 ($434,800 00 + $96,700.00 + $17,800.00 + $40,000), payable to the City of Chicago, must be hand delivered to the Department of Buildings, Plumbing Permit and Plan Section, 121 North LaSalle Street, Room 906, Chicago. Illinois, 60602, with a copy of this letter.
Construction ot the new water mains will require a deposit to guarantee installation of the new facilities. The terms and conditions of that deposit and requirements for the installation of the new water facilities will be addressed in a letter under separate cover once tne required facilities have been designed by the developer and reviewed and approved by the DWM
Sterling Bay Companies, LLC's contractor installing the new grid and feeder main shail perform the following:
Submit a complete list of the shop drawings (submittals) for all water main materials to be used to complete the water main installation to the Force Account Construction Manager at FACM@clrwater.net for review. Once the list is approved, the shop crawings (submittals) shall be sent at least 60 days prior to starting the work to the Force Account Construction Manager at FACM(S)clrwater.net for review.
It is required that the Force Account Construction Manager be contacted at FACMg)ctpjvater.net two (2) weeks prior to the anticipated construction date so a resident engineer can be assigned to the project.
Obtain a "B-Pcrmit" prior to construction from the City of Chicago, Department of Buildings, Plumomg Permit and Plan Section, City Hall, 121 N LaSalle Street, Room 906, (312) 7^4-7063.
Contact the Plumbing Permit and Plan Section of the Department of Buildings regarding any proposed water service installations.
Submit as-built drawings within two (2) weeks of completion of the work. The as-built drawings should be submitted to the Force Account Construction Manager at FACM(j3)ctrwater:net. The DWM will not perform the source and final connections until as-built drawings are reviewed and approved by this Department.
Failure to comply with these requirements may result in additional expenses to the
project to verify that all work conforms to the DWM's standards.
The proposed street improvements will be located above existing water facilities located within the subject project limits. This Department requires unrestricted access to its facilities at all times. Shoula the DWM require access to its facilities, it will not be responsible for any costs or work for restoration of the proposed street improvements (beyond typical pavement, sidewalk, and hydroseed restoration), including but not limited to, special features, planters, landscaping or structures.
There are existing valve basin frames and lids, water shut-off/valve boxes, and meter vaults within the proposed reconstruction limits. It is requested that any vertical adjustment that may be required to these facilities be incorporated into the contract plans and specifications, and the work is to be performed by Sterling Bay Companies, LLC's contractor. It is also requested that the final payment to the contractor he withheld until this Department has inspected and found the adjusted facilities acceptable. Please contact Mr. Albert Wtorkowski of the Department of Water Management, at Albert.Wtorkowski@cityofchicago.org , in order to schedule the final inspection of any adjusted water facilities.
Page 4
Sterling Bay Companies, LLC August 31, 2020
There are various water mains and appurtenances within the limits cf this project All proposed underground facilities must be installed in such a manner to provide the following required clearances: The minimum vertical clearance (edge-to-edge) from all water mains is 18 inches. For feeder mains (water mains 16-inches and larger), the minimum horizontal clearance (edge to-edge) is five (5) feet, and for grid mains (water mains less tnan 16-inches), the minimum horizontal clearance (edge-to-edge) is three (3) feet.
No proposed above ground facility (tree, planter box, light pole, etc.) can be closer than five (5) feet (adge-to-edge) from a water main or closer than three (3) feet (edge-to-edge) from a water service. Should the DWM require access to its facilities, it will not be responsible for the costs to remove or support any above ground structures adjacent to its facilities.
There will be multiple existing fire hydrants installed within the project's limits. In no case shall the installation of any proposed facility be closer than five (5) feet from a fire hydrant or fire hydrant lead. All new curb installation adjacent to fire hydrants must be painted 'safety yellow' for 15 feet on each side of the fire hydrant except where the 15-foot dimension intersects a crosswalk, driveway or similar feature.
If construction requires the use of water from a City fire hydrant, or adjustments or repairs are required to any City sewer facilities in proximity to the project site, permits must be obtained from the Department of Water Management, Water and Sewer Sections.
Proposed trees must not be planted above or within five (5) feet of the exterior pipe wall for all water mams 24-inch in diarnetc and larger. This 5-foot rule excludes mains that are separated from the tree by a hardscape feature or other rcot growth limiting conditions such as water mains located in the street.
This Department discourages tree planting over water mains that are less than 24-inches in diameter located in the parkway, but if necessary, will allow trees with a maximum mature height of 30 feet and a maximum mature root cepth of 2'/2 feet. Potential plantings that meet this requirement include the following-
Ornamental shrubs or bushes meeting the mature height and mature root depth stated above.
Flowers or other non-woody herbaceous plants.
Above ground, removable planting containers that can be moved by construction equipment in the event that water main repair is required.
Existing trees planted above water mains that dc not meet these requirements do not need to be removed. However, if such existing trees are removed, all proposed trees installed in their place must meet the above-mentioned requ;rements. Should it be necessary for the DWM to access any of its facilities, the Department shall only be responsible for typical pavement, sidewalk, and hydroseed restoration.
All new sewer installations must meet IEPA separation requirements for water and sewer pipes. All proposed/replaced sewer laterals from catch basins/inlets, sewer mains, and private drains (collectively known as "sewer facilities") that are parallel to water mains, services or fire hydrant leads (collectively known as "water facilities") that are less than 18 inches below the water facility and have less than 10 feet of horizontal separation from the outside edge of the water facility must be made out of ductile iron/water main quality pipe for 10 feet on either side of the outside edge of the water facility. Additionally, all sewer facilities that cross perpendicularly below water facilities
Page 5
Sterling Bay Companies, LLC August 31, 2020
with less than 18 inches vertical separation must be made out of ductile iron/water main quality pipe for 10 feet on either side of the outside edge of the water facility. If any sewer facility crosses perpendicularly above a water facility, then the sewer facility shall be at least 18 inches above the water facility and the sewer facility must be made out of ductile iron/water main quality pipe for 10 feet on either side of the outside edge of the water facility. Sewer laterals that require ductile iron/water main quality pipe shall be ductile iron/water main quality pipe from the catch basin to a point 10 feet beyond the edge of the water facility
Extreme caution is to be taken to ensure that no facility owned and maintained by this Department is damaged during construction. If damage occurs to any facilities, Sterling Bay Companies, LLC will be held responsible for the cost of repairing or replacing them.
Please note that the details described above are valid for 90 days from the date of this letter, after which time, Sterling Bay Companies. LLC will be responsible for re-submitting plans to this Department for review and revision of the estimate of cost, as needed. Failure to comply with the provisions in this correspondence may result in additional expenses to the proposed project to verify that all work conforms to the DWM's standards.
If there are any questions regarding the water facilities, please contact Angela Krueger at Angela.Krueger@cityofchicago.org .
Sincerely
Randy Conner Commissioner
AK/HG/AZ
cc: DOB Plan Desk
Cin'OF CHICAGO
*
OEPSRIVENT OF WATER MANAGEM=N"
May 6, 2022
City of Chicago Departincnt of Transportation Division of Infrastructure Management Office of Underground Coordination 30 North LaSalle Street, 3rd Floor Chicago, Illinois 60602
Attn: Mr. Jai Kalayil
Deputy Commissioner
Re: Proposed Vacation Ordinance 2nd Ward
For: Lincoln Yards North
Vacation of ROW including portions of alleys and portions of streets in the general area bounded by N. Elston Ave, W. Dickens Ave. (2100 N), N. Clybourn Ave, and W. Willow St. (extended) (1740 N). Previously reviewed as OUC VD-102642.
REVISED
OUC File No. VD-110517 M&P Project No. 32-02-20-3935 Water Atlas Page 186 & 204 Sewer Atlas Page 40-1-19 & 40-1-20
Dear Mr. Kalayil:
This letter is an updated response to your inquiry dated June 1 1, 2021 concerning the proposed vacation. This letter supersedes rhe previous letter dated July 9, 2021, a copy of which is attached.
[) , The Department of Water Management (DWM) - Water Section
The following water mains and appurtenances are located within the streets proposed for vacation and streets previously vacated'
1. Approximately 378 feet of 8-inch water main located in W Armitage Avenue west of N Southport Avenue installed in 1935;
? Approximately 735 feet of 12-inch water main located in N Dominick Street from W Dickens Avenue to W McLean Avenue and in W McLean Avenue from N DominiciC Street to N Southport Avenue installed in 1991; and
- 3. Approximately 843 feet of 12-inch water main located in N Southport Avenue from N Kingsbury Street to N Southport Avenue installed in 2016.
For the vacation to be approved by the Water Section, these water mains must be abandoned. The requirements ofthe letter to Sterling Bay Companies, LLC dated August 31, 2020 (also attached), must be complied with, with exceptions as noted below:
a. The water mains described above must be abandoned. The scope cf the DWM's involvement is limited to excavation, water main pipe work and installation, backfill, valve operations, engineering services and water quality services, at an updated
OUC File No. VD-! I 051 7 REVISED May 6, 2022 Page 2 ol"d
estimated cost of $143,655.00. Please note that this estimate is based on current rates lor labor, material, equipment and overhead charges, but actual costs will be submitted for payment upon completion ofthe work.
Sterling Bay Companies, LLC's contractor will be responsible for obtaining all applicable permits, tracing equipment, excavation/OSHA shoring, abandonment of appurtenances (valve box/valve basin) and Final restoration to CDOT standards.
All water services no longer in use must be permanently terminated as part ofthe proposed development by permit per DWM Standards.
DWM wili allow the water mains to be abandoned in two phases. Phase I will abandon the water mains described in Items I ami 2 above Phase 2 will abandon the water main described in Item 3 above.
Because the existing water mains cannot be located within private property (the vacated streets), a temporary easement must be put in place to protect the water mains See Section IT1 ofthis letter for temporary easement requirements. The temporary easement will be released once clie water mains have been abandoned.
This letter is only regarding the vacation described above Final plans for the proposed development must be submitted to the DWM for review and approval prior to construction. Construction ofthe new water mains will require a deposit tc guarantee installation ofthe new facilities.The terms and conditions of that deposit and requirements for the installation ofthe new water facilities will be addressed in a letter under separate cover once the required facilities have been designed by the developer and reviewed and approved by the DWM
The existing 8-inch and 1 2-inch water mains are not fully amortized. The estimated unamortized cost for these existing water main abandonments is $425,217.84.
The new 16-inch water main in the proposed N Dominick Street must be installed and connected to the existing 24-tnch water main in W Cortland Street before the existing 12-inch water main in N Southport Avenue can be abandoned. To maintain water quality, the water main in W Cortland Street may not be left as a dead end.
i. The attached letter also required a deposit for engineering services of $40,000.00,
which was paid on October 13, 2020, under Permit No 15073 19.
j. A certified check in the amount of $568,872.84 ($143,655.00 + $425,217.84), payable, to the City of Chicago, must be hand delivered to the Department of Buildings, Plumbing Permit and Plrin Section. 121 North LaSalle Street, Room 906, Chicago, Illinois, 60602, with a copy ofthis letter.
For questions regarding water facilities, please contact Andrew McFarland at a n dre w. m cfarl an d@c i ty o fc h i c ago. o rg.
The Department of Water Management (DWM) - Sewer Section
Per Exhibit B, there are total (7)-seven parcels are proposed for vacation and represented as V1, V2, V3, V4, V5, V6 and V7.
Parcel VI: Based on sewer records, there is a 24-inch public sewer on N Dominick St flowing south entering the proposed area to be vacated. This 24-inch sewer main is serving area along N Dominick St including upstream of the area to be vacated. Tins 24-inch sewer main must be retained and maintained until the new relocated sewer is built by the beneficiary
OUC Flic No. VD-1 1051 7 REVISED May 6, 2022 Page 3 of 4
of tlie vacated ROW and accepted by City as a part of sewer relocation work into new dedicated public ROW. See Section ill ofthis letter for temporary easement requirements.
Parcel V2, V3, V5, V6 and V7: Based on sewer records, there arc no City sewer facilities within the limits of the area proposed for vacation. Therefore, the Sewer section has no objection to the proposed vacation of Parcel V"2. V3. V5, V6 and V7.
Parcel V4: Based on sewer records, there is a 12-inch public sewer in W McLean Ave flowing east and an I 8-inch public sewer on N Southport Ave flowing south. These sewer mains are serving areas along W McLean a\vc and N Southport Ave including upstream ofthe area to be vacated. These sewer mains must be retained and maintained until the new relocated sewers are built by the beneficiary ofthe vacated ROW and accepted by City as a part of sewer relocation work into new dedicated public ROW. Sec Section III of this letter for temporary easement requirements.
If there are any questions regarding the sewer facilities, contact Anupam Vcrma at Anupam.Vermai'^Ci tyofChicago.org .
The Department or Waiter Management -Temporary Easement Requirements
The temporary easement is subject to the following conditions:
i. There must be a temporary easement over the entire width and length ofthe vacated
ROW, including previously vacated ROW in N Southport Ave between W Cortland
Street and W McClean Avenue and in W Armitage Avenue from N Southport Avenue
west to the river for the existing water and sewer mains
There must be a minimum forty (40) feci of vertical clearance from ground level to provide access to construction machinery that would be necessary in the event of a break or if maintenance or relocation were required in the future.
The DWM must have continuous 24-hour access without any obstructions like fences or bollards to the area where the temporary easement is required
All proposed plans for improvements must be submitted to and approved by the DWM prior to construction.
v. The beneficiary ofthe vacated ROW where a temporary easement is required must be
responsible for the. repair, renewal or replacement of any physical improvements on
the vacated area which may be damaged in connection with the maintenance and
repair, or replacement ofthe sewer main Examples of improvements include, but are
riot limited to the landscape island, the private drainage system, lighting, pavement
and sidewalks.
The beneficiary ofthe vacated ROW where a temporary easement is required must be responsible for completely removing any obstacle for the maintenance and repair, or replacement of the water and sewer mains.
The beneficiary ofthe vacated ROW where a temporary easement is required must follow Landscape requirements per DWM requirements for Existing Facilities Protection.
Because the temporary easement is in an active construction site, any repairs or adjustments to the DWM's facilities in the vacated ROW where a temporary easement is required must be paid by the beneficiary. This includes, but is not limited to, repairs
OUC Kile No VD-1 10517 REVISED May 6, 202.2 Page 4 of 4
or adjustments due to water main or sewer breaks, leaks, damage from construction operations, and any other repairs deemed necessary by the DWM.
The temporary easement on the area lo be vacated can be released after the existing facilities are abandoned and new facilities built by the beneficiary within dedicated ROW that replaces the functions ofthe water mains and sewers within the vacated ROW and accepted by the DWM
Once the new temporary easement is in place, the DWM can release its rights in the previously vacated ROW's described above.
All temporary easement document must be reviewed and approved by the DWM
Very truly yours.
CITV OF CHICAGO +
DEPARTMENT OE WATER MANAGEMENT
July 9. 2021
City of Chicago Department: of Transportation Division of Infrastructure Management Office of Underground Coordination 30 North LaSalle Sireet, 3rJ Floor Chicago, Illinois 60602
Attn: Mr. Jai Kalayil
Coordinator of Street Permits
Re: Proposed Vacation Ordinance 2,lri Ward
For: Lincoln Yards North
Vacation of ROW including portions of alleys and portions of streets in the general area bounded by N. Elston Ave, W. Dickens Ave. (2100 N), N. Clybourn Ave, and W. Willow St. (extended) (1740 N). Previously reviewed as OUC VD-102642.
OUC File No. VD-110517 M&P Project No. 32-02-20-3935 Water Atlas Page 186 & 204 Sewer Atlas Page 40-1-19 & 40-1-20
Dear Mr. Kalayil:
This letter is in response to your inquiry dated June 11, 2021 concerning trie proposed vacation. This letter supersedes the previous letter dated October 15. 2020 and submitted under VD-102642.
I) The Department of Water Management (DWM) - Water Section
The following water mains and appurtenances are located within the streets proposed for vacation and streets previously vacated:
Approximately 378 feet of S-inch water main located in W Armitage Avenue west of N Southport Avenue installed in 1935;
Approximately 736 feet of 12-inch water main located in N Dominick Street from W Dickens Avenue to W McLean Avenue and in W McLean Avenue from
N Dominick Street to N Southport Avenue installed in 1991; and
Approximately 843 feet of 12-inch water main located in N Southport Avenue from N Kingsbury Street to N Southport Avenue installed in 2016.
For the vacation to he approved by the Water Section, these water mains must be abandoned and the requirements of the letter to Sterling Bay Companies. LLC dated August 31. 2020. attached hereto, must be complied with, namely
a. The water mains described above must be abandoned. The scope of the DWM's involvement is limited to excavation, water main pipe work and installation, backfill, valve operations, engineering services and water quality services, at an estimated cost olI'$96,700.00. Please note that this estimate is based on current rates lor labor.
OUC File Nn. VD-1 10517 Jul> material, equipment and overhead charges, but actual costs will be submitted for payment upon completion ofthe work.
b Sterl ing Bay Companies. LLC's contractor will be responsible for obtaining all applicable permits, tracing equipment. excavation/OSHA shoring, abandonment of appurtenances (valve box/valve basin) and final restoration to CDOT standards
c All water services no longer in use must be permanently terminated as part of the proposed development by permit per DWM Standards.
d. Because the existing water mains cannot be located within private property (the vacated streets), this work must be done before the vacation can be approved.
e This letter is only regarding the vacation described above. Final plans for the proposed development must be submitted to the DWM for review and approval prior lo construction. Construction ofthe new water mains will require a deposit lo guarantee installation ofthe new facilities. The terms and conditions of that deposit and requirements for the installation of the new water facilities will be addressed in a letter linder separate cover once the required facilities have been designed hy the developer and reviewed and approved by the DWM.
The existing fi-inch and 12-inch water mains are nol fully amortized. The estimated unamortized cost for these existing water main abandonments is $434,800.00.
Abandonment of the existing water mains will create an unacceptable dead end of the 24" water main in W Cortland Street. To maintain water quality in this main will require periodic flushing of that main. The estimated cost for that work is $17,800.00. This estimate is based on current lahoi rates (including overhead charges), bui the actual costs of the water quality services will he submitted for payment.
h The attached letter also requires a deposit for engineering services of $40,000.00. which was paid on October 13. 2020 under Permit No I 5073 19.
i. Detailed instructions for payment of the remaining estimated costs in the amount of $549,300.00 ($96,700.00 + i434.800.00 + $ 17,800.00-. are in the attached letter.
For questions regarding water facilities, please contact Andrew McFarland at andrew.mcfarland@cityofchicago.org .
The Department of Water Management fDWMi - Sewer Section
Per Exhibit B, there are total (7)-seven parcels are proposed for vacation and represented as VI, V2, V3, V4, VS. V6 and V7.
Parcel VL Based on sewer records, there is a 24-inch public sewer on N Dominick St. flowing south entering the proposed area to be vacated This 24-inch sewer mam is serving area along N Dominick St including upstream of the area lo be vacated. This 24-inch sewer main must be retained and maintained until the new relocated sewer is built by the beneficiary ot the vacated ROW and accepted by City as a part of sewer relocation work into new-dedicated public ROW. Please see detailed conditions below:
Parcel V2, V3, VS, V6 and V7. Based on sewer records, there are no City sewer facilities within the limits of the area proposed for vacation. Therefore, ihe Sewer section has no objection to the proposed vacation of Parcel V2. V3, V5. V6 and V7.
OUC File No. VD-1 i 0517 July 9. 702: Page 1 ol'J
Parcel V4: Based on sewer records, there is a 12-inch public sewer in W McLean Ave flowing cast and an 18-iiich public sewer on N Southport Ave flowing south. These sewer mains arc serving areas along W McLean Ave and N Southport Ave including upstream ofthc area to be vacated. These sewer mains must be retained and maintained until the new relocated sewers arc built by the beneficiary of the vacated ROW and accepted by City as a pari of sewer relocation work into new dedicated public ROW. Please sec detailed conditions below:
Detailed conditions for Parcel VI and V4: The Sewer Section will approve the proposed street vacation, provided ihe beneficiary must agree with the conditions below
i. There must be a reservation of the entire width and length of the vacated ROW for the
existing sewer mains.
The Sewer Section requires a minimum of forty (40) feet of vertical clearance from ground level to provide access to construction machinery that would be necessary in the cvenl of a break or if maintenance or relocation were required, itv the future.
The City of Chicago Department of Water Management must have continuous 24-hour access without any obstructions like fences or bollards to the area where the reservation is required.
A'i proposed plans lor improvements must be submitted to and approved by the Department of Water Management - Sewer Section prior lo construction.
The beneficiary of the vacated ROW where a reservation is required musi be responsible for the repair, renewal or replacement of any physical improvements on the vacated area which may be damaged in connection with ihe maintenance and repair, or replacement ofthe sewer main. Examples of improvements include, but are not limited to the landscape island, the private drainage system, lighting, pavement and sidewalks.
The beneficiary of the vacated ROW where a reservation is required must be responsible for completely removing any obstacle for the maintenance and repair, or replacement of the sewer main.
The beneficiary of the vacated ROW where a reservation is required must follow Landscape requirements per Department of Water Management Sewer require men is for Existing Facilities Protection.
Any adjustments to the Sewer Section's facilities in the vacated ROW where a reservation is required must be paid by the beneficiary
ix Reservations on both parcels could be released after accepting relocated sewers arc built by the beneficiary and accepted by City as a part of sewer relocation work into new dedicated public ROW.
If there are any questions regarding the sewer facilities, contact Anupam Venna at AnupjiTi.Venna@CityofChicago.org .
Very truly yours.
Andrea R.H. Chdng. Ph.D., P.E Commissioner *
EXHIBIT F
FORM OF RELEASE OF TEMPORARY DWM EASEMENT
RELEASE DEED
CITY OF CHICAGO, an Illinois home rule municipal corporation (the "City"), in consideration of the sum of Ten Dollars ($10.00), and other valuable consideration, the receipt which is hereby acknowledged, does hereby RELEASE and QUITCLAIM to ALLOY PROPERTY COMPANY, LLC, a Delaware limited liability company ("Grantee") and to its successors and assigns forever, all of City's right, title and interesl in and to the following described real estate situated in Cook County, State of Illinois:
Rights granted by recorded as Doc. No. on
20 , in and through the following real property:
(Insert legal description here) (the "Release Area")
This release is subject to the rights of the State of Illinois, City of Chicago and the public in and to any dedication of public way included in the Release Area.
Address of real estate: , Chicago, Illinois 60614
Permanent Real Estate Index Number:
IN WITNESS WHEREOF, the City has caused this release to be duly executed as of the
day of , 20 .
CITY OF CHICAGO,
an Illinois home rule municipal corporation
By:
Name:
Title: Commissioner,
Department of Transportation
F-1
EXHIBIT G DEVELOPERS DWM FACILITY WORK
G-1
EXHIBIT H
FORM OF LETTER OF CREDIT (Attached)
UNCONDITIONAL, IRREVOCABLE STAND-BY LETTER OF CREDIT
(DATE)
CITY OF CHICAGO
DEPARTMENT OF WATER MANAGEMENT 1000 E. OHIO STREET CHICAGO, IL 60611 ATTN: COMMISSIONER
COMMISSIONER:
WE HEREBY ISSUE UNCONDITIONAL, IRREVOCABLE STAND-BY LETTER OF
CREDIT NO. IN YOUR FAVOR UP TO AN AGGREGATE AMOUNT OF ONE
MILLION FOUR HUNDRED NINETY-TWO THOUSAND SIX HUNDRED THIRTY-FIVE
AND NO/100 DOLLARS ($1,492,635.00). THIS LETTER OF CREDIT IS ISSUED,
PRESENTABLE AND PAYABLE AT OUR OFFICES AT
CHICAGO, IL 606_.
FUNDS UNDER THIS CREDIT ARE AVAILABLE TO YOU UNCONDITIONALLY AGAINST YOUR SIGHT DRAFTS FOR ANY SUM OR. SUMS NOT EXCEEDING A TOTAL OF_ONE MILLION FOUR HUNDRED NINETY-TWO THOUSAND SIX HUNDRED THIRTY-FIVE AND NO/100 DOLLARS ($1,492,635.00). DRAWN ON US MENTIONING
OUR LETTER OF CREDIT NO. PURPORTEDLY SIGNED BY THE
COMMISSIONER (ACTING OR ACTUAL) OF THE DEPARTMENT OF WATER MANAGEMENT OR THE CITY COMPTROLLER OF TIIE CITY OF CHICAGO (WHETHER ACTING OR ACTUAL).
OUR OBLIGATIONS HEREUNDER ARE PRIMARY OBLIGATIONS TO THE CITY
OF CHICAGO AND SHALL NOT BE AFFECTED BY THE PERFORMANCE OR NON-
PERFORMANCE BY rENTITYl. LLC. A DELAWARE LIMITED LIABILITY COMPANY.
ITS AFFILIATES. SUCCESSORS. AND/OR ASSIGNS (COLLECTIVELY. THE
"DEVELOPERS1'). UNDER ANY AGREEMENT WITH THE CITY OF CHICAGO OR BY
ANY BANKRUPTCY OR OTHER INSOLVENCY PROCEEDING INITIATED BY OR
AGArNST DEVELOPERS. DEVELOPERS IS NOT THE OWNER OF OR BENEFICIARY
UNDER THIS LETTER OF CREDIT AND POSSESSES NO INTEREST WHATSOEVER IN
THIS LETTER OF CREDIT OR PROCEEDS OF SAME. WE ENGAGE WITH YOU THAT
ANY DRAWS UNDER THIS LETTER OF CREDIT SHALL BE DULY HONORED ON
SIGHT IF PRESENTED TO US ON OR BEFORE , 20_.
PARTIAL AND MULTIPLE DRAWINGS ARE PERMITTED.
IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR AN ADDITIONAL TWELVE (12) MONTH PERIOD FROM THE PRESENT OR ANY FUTURE EXPIRATION DATE HEREOF, UNLESS AT LEAST THIRTY (30) DAYS PRIOR TO ANY SUCH DATE WE NOTIFY YOU BY CERTIFIED MAIL AT THE ADDRESS SET FORTH ABOVE THAT' WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT RENEWED FOR ANT SUCH
ADDITIONAL PERIOD.
THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (2007 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600 (RJCP) AND TO THE UNIFORM COMMERCIAL CODE - LETTERS OF CREDIT, 810 ILCS 5/5-101 ET SEP. AS AMENDED AND AS IN EFFECT IN THE STATE OF ILLINOIS (UCC). TO THE EXTENT THE PROVISIONS OF THE IUCP AND THE UCC CONFLICT, THE PROVISIONS OF THE UCC SHALL CONTROL.
(AUTHORIZED SIGNATURE)
EXHIBIT I Lincoln Yards North DEVELOPERS DWM FACILITY WORK SCHEDULE
Package 1 - (LYN)
Throop Street - W. Webster Ave to W. Cortland St.
Dickens - Throop St. to Southport Ave
Southport Ave - W. Webster to Armitage Ave / N Kingsbury St.
Armitage Ave - Southport Ave/Kingsbury to River
Schedule
Approvals-7/1/2022-6/1/2023
Construction-6/1/2023-11/1/2025
Package 5 - W. Cortland Avenue (LYN) & Water Main in Tunnel
W. Cortland St. - Chicago River (1420 W] to N. Kingsbury St.
N. Throop St. - Chicago River ((-1845 N) to -1920 N. Throop
Water Main in Tunnel along N. Throop St. bridge from W. Willow St. to W. Cortland Av.
Schedule:
i. Approvals-7/1/2022-6/1/2023 ii. Construction - 6/1/2023 - 11/1/2025
Throop Bridge:
a. Schedule
Approvals-7/1/2022-6/1/2023
Construction-3/1/2023- 11/1/2025
Developers to submit sequencing plan to DWM for review and approval prior to commencing DWM sewer work in the field. The sequencing plan for Developers' MWRD sewer work is attached.
o u O Z
V2
iHUU
Sewage and Trash Pump
Overview:
The 6" suction x 6" discharge self-priming centrifugal DV150c trash and sewage pump provides up to a maximum of 2,775 gallons per minute pumping and up to 150 feet of head. This self-priming pump is usually mounted on a trailer and features an oil bath mechanical seal allowing it to run dry continuously.
Features: .
; Suction lift to 28 feet
Continuous setf-priming
Runs dry unattended
Compressor/Venturi or CleanPrime automatic priming system
Autostart capable control panel
Electric Drive option
Sound Attenuated option
Trailer Features: .
GR Trailer - Steal integrated Diesel Fuel Tank
NT Trailer - Replaceable HDPE Diesel Fuel Tank
Specs:
Maximum Flow 2,775 GPM
Maximum Head 150 feet
Pump Size 6"x6"
Maximum Solids Handling 3 inches
Footprint: Open / SA 135" x 66V 152" x 77"
Sound Attenuation 70dB(A) @ 30'
Accessories:
Spillguard
Suction and Discharge Hoses
Fuel Nurse Tank
•¦ VFD for electric driven models
EXHIBIT J
DEVELOPERS INSURANCE DURING WORK PERIOD
(Construction Insurance)
Prior to performing the Developers DWM Facility Work, Developers shall, and shall cause its contractors to, provide, pay for, and maintain in full force and effect at all times until completion of the work and turnover to City the types and amounts of insurance coverage set forth in this Exhibit J, with insurance companies duly licensed or approved to do business in the State of Illinois and will cause City to be named additional insured on appropriate policies and coverages.
(a) Construction. Prior to the construction of any portion of the Project, Developers will cause its architects, contractors, subcontractors, project managers and other parties constructing the Project to procure and maintain the following kinds and amounts of insurance:
Workers Compensation and Employers Liability
Workers Compensation Insurance, as prescribed by applicable law covering all employees who are to provide work under this Agreement and Employers Liability coverage with limits of not less than $ 500,000 each accident, illness, or disease.
Commercial General Liability (Primary and Umbrella)
Commercial General Liability Insurance or equivalent with limits of not less than $2:000,000 per occurrence for bodily injury, personal injury, and property damage liability. Coverages must include the following: All premises and operations, products/completed operations (for a minimum of two (2) years following project completion), explosion, collapse, underground, separation of insureds, defense, and contractual liability. The City of Chicago is to be named as an additional insured on a primary, non-contributory basis for any liability arising directly or indirectly from the work.
Automobile Liability (Primary and Umbrella)
When any motor vehicles (owned, non-owned and hired) are used in connection with work to be performed, the Automobile Liability Insurance wilh limits of not less than $2.000.000 per occurrence for bodily injury and property damage. The City of Chicago is to be named as an additional insured on a primary, non-contributory basis.
Railroad Protective Liability
When any work is to be done adjacent to or on railroad or transit property, Developers must provide or cause to be provided with respect to the operations that Contractors perform, Railroad Protective Liability Insurance in the name of railroad or transit entity. The policy must have limits of not less than $2.000.000 per occurrence and $6.000,000 in the aggregate for losses arising out of injuries to or death of all persons, and for damage to or destruction of property, including the loss of use thereof.
J-1
(v) All Risk /Builders Risk
When Developers undertakes any construction, including improvements, betterments, and/or repairs, Developers must provide or cause to be provided All Risk Builders Risk Insurance at replacement cost for materials, supplies, and fixtures that are or will become part of the project. Subject to the rights of Developers' lenders, the City of Chicago is to be named as an additional insured and loss payee/mortgagee if applicable. Contractors performing work on the Project will be responsible for insuring their own tools, machinery and equipment.
Professional Liability
When any architects, engineers, construction managers or other professional consultants perform work in connection with this Agreement, Professional Liability Insurance covering acts, errors, or omissions must be maintained with limits of not less than $ 1 ¦000.000. When policies are renewed or replaced, the policy retroactive date must coincide with, or precede, start of work on the Contract. A claims-made policy which is not renewed or replaced must have an extended reporting period of two (2) years.
Valuable Papers
When any plans, designs, drawings, specifications, and documents are produced or used under this -Agreement, Valuable Papers Insurance must be maintained in an amount to insure against any loss whatsoever, and must have limits sufficient to pay for the re-creation and reconstruction of such records.
Contractors Pollution Liability
When any remediation work is performed which may cause a pollution exposure, Developers must cause remediation contractor to provide Contractor Pollution Liability covering bodily injury, property damage and other losses caused by pollution conditions that arise from the contract scope of work with limits of not less than $1.000,000 per occurrence. Coverage must include completed operations, contractual liability, defense, excavation, environmental cleanup, remediation, and disposal. When policies are renewed or replaced, the policy retroactive date must coincide with or precede, start of work on the Agreement. A claims-made policy which is not renewed or replaced must have an extended reporting period of two (2).years. The City of Chicago is to be named as an additional insured.
(b) Other Requirements:
Developers must furnish the City of Chicago, Department of Water Management, 1000 E. Ohio Street, Chicago, IL 60611, original certificates of Insurance, or such similar evidence, to be in force on the date of this Agreement, and Renewal certificates of Insurance, or such similar evidence, if the coverages have an expiration or renewal date occurring during the term of this Agreement. Developers must submit evidence of insurance on the City of Chicago Insurance Certificate Form (copy attached) or equivalent prior to closing. The receipt of any certificate does not constitute agreement by the City that the insurance requirements in the Agreement have been fully met or that the insurance policies indicated on the certificate are in compliance with all Agreement
J-2
requirements. The failure of the City to obtain certificates or Mother insurance evidence from Developers is not a waiver by the City of any requirements for Developers to obtain and maintain the specified coverages. Developers shall advise all insurers of the Agreement provisions regarding insurance. Non-conforming insurance does not relieve Developers of the obligation to provide insurance as specified herein. Nonfulfillment of the insurance conditions may constitute a violation of the Agreement, and the City retains the right to stop work and/or terminate agreement until proper evidence of insurance is provided.
The insurance must provide for 60 days prior written notice to be given to the City in the event coverage is substantially changed, canceled, or non-renewed.
Any deductibles or self-insured retentions on referenced insurance coverages must be borne by Developers and Contractors.
Developers hereby waives and agrees to require their insurers to waive their rights of subrogation against the City of Chicago, its employees, elected officials, agents, or representatives.
The coverages and limits furnished by Developers in no way limit Developers' liabilities and responsibilities specified within the Agreement or by law.
Any insurance or self-insurance programs maintained by the City of Chicago do not contribute with insurance provided by Developers under the Agreement.
The required insurance to be carried is not limited by any limitations expressed in the indemnification language in this Agreement or any limitation placed on the indemnity in this Agreement given as a matter of law.
If Developers is a joint venture or limited liability company, the insurance policies must name the joint venture or limited liability company as a named insured.
Developers must require Contractor and subcontractors to provide the insurance required herein, or Developers may provide the coverages for Contractor and subcontractors. All Contractors and subcontractors are subject to the same insurance requirements of Developers unless otherwise specified in this Agreement.
If Developers, any Contractor or subcontractor desires additional coverages, the party desiring the additional coverages is responsible for the acquisition and cost.
The City of Chicago Risk Management Department maintains the right to modify, delete, alter, or change these requirements.
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/
Exhibit C to ordinance MWRD Agreement [Attached]
INTERGOVERNMENTAL AGREEMENT BETWEEN THE
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
AND THE CITY OF CHICAGO, ILLINOIS FOR THE LINCOLN YARDS REDEVELOPMENT
THIS INTERGOVERNMENTAL AGREEMENT ('Agreement") is made as of this day
of , 2022, by and between the Metropolitan Water Reclamation District of Greater Chicago,
a body corporate and politic organized and existing under the laws of the State of Illinois ("District"), and the City of Chicago, a municipal corporation and home rule unit of government under Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, ("City"), acting through its Department of Transportation ("CDOT"). An acknowledgement of and agreement to the terms of this Agreement is also signed below by Alloy Property Company, LLC, a Delaware limited liability company (the "Developer").
WITNESSETH, THAT:
WHEREAS, pursuant to the Metropolitan Water Reclamation District Act ("Act"), the District has the power to provide for the drainage of both surface water and sewage by laying out, establishing, constructing and maintaining one or more main channels, drains, ditches and outlets for carrying off and disposing of the drainage (including the sewage) of such district, together with such adjuncts and additions thereto as may be necessary or proper (70 ILCS 2605/7);
WHEREAS, the Commissioner of CDOT ("Commissioner") has the authority to enter into intergovernmental agreements transferring or otherwise allocating jurisdiction over, and carrying out construction, maintenance and repairs to, public way and other public infrastructure (Municipal Code of Chicago Section 2-102-030(w)(1));
WHEREAS, on April 26, 2019, the City entered into the Lincoln Yards Redevelopment Agreement ("RDA") with the Developer;
WHEREAS, pursuant to the RDA, the Developer intends to undertake certain public infrastructure improvements that will facilitate the development of a vacant 53-acre site located within the Redevelopment Area set forth in the RDA, the future development of which is anticipated to include approximately 14,535,214 million square feet of office, residential, and retail space, all of which is commonly referred to as the Lincoln Yards Redevelopment (hereinafter the "Redevelopment");
WHEREAS, the District owns and operates an intercepting sewer, known as the West Side 9 Interceptor, that serves approximately 770 acres of Chicago;
WHEREAS, a portion of the District's West Side 9 Interceptor is located in the Redevelopment Area;
WHEREAS, the City and the Developer have requested that the District's West Side 9 Interceptor be rerouted, and a portion of the existing interceptor be abandoned, to accommodate the Redevelopment;
WHEREAS, the District is willing to agree to the requested reroute of its West Side 9 Interceptor, provided that the Developer agrees to take responsibility for the section of sewer to|1010|EAST\17640831d.l2
be abandoned, and that the City agrees to take ownership of the new section of City sewer needed to replace it;
WHEREAS, the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq., and Section 10 of Article VII of the Illinois Constitution allow and encourage intergovernmental corporation;
WHEREAS, the District and the City find that implementation of the Redevelopment can be achieved most effectively and economically through this Agreement;
WHEREAS, on November 4, 2021, the District's Board of Commissioners authorized the District to enter into this Agreement.
NOW THEREFORE, the Parties agree as follows:
ARTICLE 1: INCORPORATION OF RECITALS
The recitals set forth above are incorporated herein by reference and made a part hereof.
ARTICLE 2: SCOPE OF THE AGREEMENT
a. Objectives. The overall purpose of this Agreement is to ensure coordination between the District and the City as it relates to the requested reroute of the District's West Side 9 Interceptor for the Redevelopment. For purposes of this Agreement, the Sewer Reroute consists of three elements, as set forth below and as depicted in the aerial diagram attached as Exhibit 1 (collectively, these elements are referred to in this Agreement as the "Sewer Reroute"):
Construction of the New City Sewer: Pursuant to the RDA, the Developer intends to construct a new local sewer to replace the southern portion of the District's intercepting sewer to be abandoned. This "New City Sewer" is shown as the green dashed line on Exhibit 1. This New City Sewer is necessary to convey flows from the 48" trunk sewer in Cortland Street (and flows from the new development) to the District's West Side 9 Interceptor. After acceptance by the City, the City agrees to assume ownership, operation, and maintenance of this New City Sewer, as set forth in this Agreement. The City shall ensure that all flows previously conveyed by the Abandoned Intercepting Sewer (described below) are properly handled by the New City Sewer, including any private connections thereto.
Construction ofthe Relocated Intercepting Sewer: Pursuant to the RDA, the Developer intends to construct a new section of intercepting sewer to reconnect the northern and southern sections of the District's West Side 9 Interceptor. This "Relocated Intercepting Sewer" is shown as the red dashed line on Exhibit 1. After construction by the Developer, the District agrees to assume ownership, operation, and maintenance of this Relocated Intercepting Sewer, as set forth in this Agreement.
Abandonment of the Existing Intercepting Sewer: After construction of the New City Sewer and the Relocated Intercepting Sewer, the Developer intends to abandon in place the old segment of the District's West Side 9 Interceptor that will no longer be needed to serve the area. This "Abandoned Intercepting Sewer" is shown as the purple line on Exhibit 1. The Developer agrees to assume responsibility for this Abandoned Intercepting Sewer, as set forth in this Agreement. The District makes no representations|1010|EAST\176408314.12
or warranties regarding the condition of the Abandoned Intercepting Sewer and shall not be responsible for any work or costs related to the abandonment, such as handling any residual solids left in the sewer when flow ceases.
ARTICLE 3: ENGINEERING ANO CONSTRUCTION
Design and Construction. The Parties agree that the engineering design, construction, and any other work relating to the Sewer Reroute will be performed by the Developer pursuant to the RDA with the City, at the Developer's sole cost and expense, subject to reimbursement pursuant to the RDA. The District shall not be responsible for any costs or expenses associated with the Sewer Reroute. Except as expressly provided herein and in the RDA, the City shall not be responsible for any costs or expenses associated with the Sewer Reroute.
Facility Connection Authorization. In addition to any other permits or authorizations that may be required by law for the Redevelopment, as a condition of this Agreement the District must review and approve the Facility Connection Authorization ("FCA") submitted by the Developer for the Sewer Reroute, as required by the District's Watershed Management Ordinance ("WMO"). The FCA is necessary to ensure that public sewer services for this area are adequately provided at all times. The Redevelopment is subject to, and the Developer is responsible for, all local permitting requirements, including the FCA. In order for the District to assume its obligations under this Agreement, the parties agree that the FCA shall be subject to the following conditions:
Review and Approval of Plans and Specifications. The project plans and specifications for the Relocated Intercepting Sewer and the Abandoned Intercepting Sewer must be reviewed and approved by the District. These components of the Sewer Reroute must meet the District's engineering standards and specifications relating to its infrastructure, as determined by the District's Director of Engineering. The project plans and specifications for the New City Sewer must be reviewed and approved by the District as it relates to the proposed connection to District infrastructure. In addition, any submittals or testing required by the specifications shall be submitted to the District for approval prior to being accepted at the jobsite.
Live Sewer Protocol. At a certain point during the construction of the New City Sewer and Relocated Intercepting Sewer by the Developer, sewer flows must be switched over from the existing District sewer to be abandoned. As part of the FCA review process, the Developer must provide a detailed plan for bringing the newly-constructed sewers online ("Live Sewer Protocol"). The Developer shall be solely responsible for carrying out the Live Sewer Protocol to ensure that public sewer services for the area are not interrupted, including the flow that was formerly conveyed by the District's interceptor. To that end, the FCA shall provide that once the New City Sewer is connected to District infrastructure, construction of the Sewer Reroute must be fully completed by the Developer. In the event that the Developer fails to complete the construction of the Sewer Reroute at any point after the New City Sewer is connected to District infrastructure, the City shall be responsible for completing the Sewer Reroute in accordance with the FCA. The City may recover its costs for such work through the letter of credit provided for in the Acknowledgement and Agreement attached hereto (the "Letter of Credit") and may seek any legal recourse available to it under the RDA.
iii. Modifications. After issuance of the FCA, any proposed deviations from the plans,
specifications, materials, testing, or any other deviations that affect the District, shall be|1010|EAST\176408314.12
submitted to the District for review and approval prior to the commencement of such work. The District shall review the proposed deviations and indicate its approval or disapproval thereof in writing prior to the commencement of such work. The District shall have final approval of any plans relating to the relocation or abandonment of its facilities.
Construction Schedule and Milestones. A proposed construction schedule must be
provided to the District by the Developer not less than 30 days before construction > commences. All work required as part of the Sewer Reroute under this Agreement shall be completed within a 12-month period from start to Finish. A minimum of 5 days' notice must be provided before any alterations are made to MWRD facilities and before any monitoring/testing of MWRD facilities. The District's point of contact for such notices is the Local Sewers Section Field Office (708-588-4055).
Inspections. The District and its authorized agents shall have all reasonable rights of inspection, including but not limited to pre-final and final inspections, during the progress of work on the Sewer Reroute. The District may have inspectors on site during installation of the new sewers or other work to ensure compliance with the FCA. The District and its authorized agents may reject work that does not comply with approved plans, drawings, or FCA documents, or that demonstrates-poor workmanship. Advance notice of at least three business days must be given to the District prior to fabrication of pre-cast concrete structures to be installed as part of the Sewer Reroute. The District and its authorized agents shall have the right to inspect fabrication of pre-cast concrete structures at the point of manufacture.
Substantial Completion. Upon substantial completion of the Sewer Reroute, the District must be given an opportunity to inspect the Sewer Reroute work and identify any deficiencies that must be remedied. Substantial completion occurs when the new sewer sections are placed in regular operation but prior to being backfilled.
Final Completion. Upon Final Completion ofthe Sewer Reroute, the District shall be provided a "Notice of Final Completion." "Final Completion" occurs when all elements of the Sewer Reroute have been constructed in accordance wilh the FCA and any deficiencies identified by the District have been addressed. At the same time that Notice of Final Completion is given, the District must be provided with full-size hard copy (and an electronic copy) of the "as-built" drawings, including any modifications made to the original drawings. The as-built drawings must also include drawings ofthe Abandoned Intercepting Sewer. When the work covered under the FCA is completed, a Request for Final Inspection shall be submitted to the District.
viii. Inspection/Monitoring Period. After the District receives the Request for Final
Inspection, the District shall be given a reasonable time to inspect, survey, and monitor
the performance of each element of the Sewer Reroute. If any deficiencies in the design
or construction are identified, any necessary design, construction, or other work to bring
the Sewer Reroute into compliance with the District-approved plans shall be performed at
the sole cost and expense of the Developer and/or the City, as appropriate.
ix. Final Acceptance. After all inspections, surveys, and monitoring are completed to the
District's satisfaction and the District determines that the Sewer Reroute work complies
with the FCA, the District will provide a "Notice of Final Acceptance" and will sign the
Request for Final Inspection.|1010|EAST\176408314.12
Abandonment or Failure to Complete. If at any time before the District provides its Notice of Final Acceptance the Developer abandons or otherwise fails to complete the Sewer Reroute in accordance with the FCA, then the Developer shall be responsible for repairing or restoring the District's existing infrastructure to its original condition. In the event that the Developer fails to complete any repairs or restoration work, the City shall be responsible for repairing or restoring District infrastructure to its original condition. The City may recover its costs for such work through the Letter of Credit and may seek any legal recourse available to it under the RDA. The District shall not be responsible for any costs or expenses related to such restoration or repairs.
Insurance and Indemnification. The District's issuance of an FCA to the Developer for the Sewer Reroute will be conditioned on the Developer naming the District, its Commissioners, officers, agents and employees as additional insureds on its insurance policy in connection with the Sewer Reroute. In addition, the Developer must agree to defend and indemnify the District for any liability arising out of the design or construction of the Sewer Reroute.
Bond. The District's issuance of an FCA to the Developer will be conditioned on the Developer causing its contractor to issue a payment and performance bond with the District named as an additional obligee, to ensure adequate funding is available to complete the construction of the Sewer Reroute in accordance with the plans and specifications approved under the FCA. The Developer must also provide a maintenance bond in the amount of $3 million, with the District named as an additional obligee, effective for a period of two years from the Date of Final Acceptance by the District.
Prevailing Wage. The Developer shall comply with the Prevailing Wage Act, 820 ILCS 130/0.01 et seq., as applicable, while conducting the construction ofthe Project. Current prevailing wage rates for Cook County are determined by the Illinois Department of Labor. The prevailing wage rates are available on the Illinois Department of Labor's official website. It is the responsibility of the City or Developer, as applicable, to obtain and comply with any revisions to the rates should they change throughout the duration of the IGA.
Protection of Existing District Facilities. All existing applicable District facilities must be protected at all times. Any damage that occurs during construction ofthe Sewer Reroute shall be the responsibility ofthe Developer or the City, as applicable.
ARTICLE 4: PERMITS AND FEES
Federal, State, Local, and County Requirements. In addition to the FCA noted above, the City and/or the Developer, as appropriate, must obtain all federal, state, local, and county permits or authorizations required by law for the Sewer Reroute work, and shall assume any costs in procuring said permits or authorizations. In no event shall the District or City be responsible for any permit fees in connection with the Sewer Reroute.
City Permits. The City shall grant to the District any and all permits or authorizations in connection with the District's ownership of the Relocated Intercepting Sewer or its abandonment of the Abandoned Intercepting Sewer.
|1010|EAST\176408314.12
ARTICLE 5: PROPERTY INTERESTS
Property Acquisition. The Parties agree that the Developer will be solely responsible for acquiring the property interests necessary for the Sewer Reroute, including any and all work in connection therewith, such as surveys, title work, and recording fees. The District shall not be responsible for any costs or expenses associated with property acquisition for the Sewer Reroute.
Public Right-of-Way Dedications and Vacations: The Parties agree that the City shall be solely responsible for any public right-of-way dedications or vacations in connection with the Redevelopment (pursuant to one or more right-of-way ordinances). Notwithstanding the above, the Parties agree that the District's existing infrastructure located in the public right-of-way may remain in place until the Sewer Reroute is completed and the District provides its Notice of Final Acceptance, as set forth in this Agreement. The District will not be required to remove, relocate, or abandon any of its existing infrastructure unless and until all conditions of this Agreement are fulfilled. Upon Final Completion, all District facilities will be authorized to be in public rights-of-way or private easements granted to the District, as appropriate.
Easements. As a condition of the District providing its Notice of Final Acceptance pursuant to this Agreement, the Developer and/or the City (pursuant to the above-referenced right-of-way ordinances), as appropriate, shall grant a permanent, non-exclusive easement for the Relocated Intercepting Sewer that enables the District to operate, maintain, access, repair, and replace the Relocated Intercepting Sewer. The easement from the Developer to the District shall be in substantially the same form as the easement agreement attached hereto as Exhibit 2. Before Notice of Final Acceptance is provided by the District, nothing in this Agreement shall be construed as creating a property interest for the District in any of the improvements constructed by the Developer.
MWRD Dropshaft. As a condition of the District providing its Notice of Final Acceptance pursuant to this Agreement, the Developer and/or the City (pursuant to the above-referenced right-of-way ordinances), as appropriate, shall grant permanent and temporary easements to enable the District to construct, operate, maintain, access, repair, and replace a TARP Mainstream Dropshaft at Armitage Avenue. A portion of said dropshaft will be located in the public right-of-way to be designated by the City for the new Armitage Avenue. The location of the dropshaft and the easement areas are depicted on the MWRD project plan pages attached hereto as Exhibit 3.
ARTICLE 6: OWNERSHIP, OPERATION, AND MAINTENANCE
New City Sewer. The New City Sewer shall be constructed in accordance with the FCA issued by the District, including the Live Sewer Protocol set forth therein. In the event that the Developer abandons or otherwise fails to complete the Sewer Reroute after the New City Sewer is brought online, the City shall be responsible for completing the Sewer Reroute in accordance with the FCA and may draw upon the Letter of Credit in the amount of its actual costs and expenses in so doing. After acceptance by the City, the City agrees to assume the ownership, operation, and maintenance ofthe New City Sewer in accordance with the FCA, at the City's sole cost and expense. The District shall not be responsible for any costs or expenses associated with the ownership, operation, or maintenance ofthe New City Sewer.
Relocated Intercepting Sewer. After the District provides Notice of Final Acceptance of the Sewer Reroute pursuant to this Agreement, the District shall assume the ownership, operation, and maintenance ofthe Relocated Intercepting Sewer, at the District's sole cost and|1010|EA5T\176408314.12
expense. The City shall not be responsible for any costs or expenses associated with the ownership, operation, or maintenance ofthe Relocated Intercepting Sewer.
c. Abandoned Intercepting Sewer. After the District provides its Notice of Final Acceptance pursuant to this Agreement, the Developer shall assume the ownership of the Abandoned Intercepting Sewer. Accordingly, the District shall release any property rights it has to the Abandoned Intercepting Sewer to enable the Developer to assume ownership of the Abandoned Intercepting Sewer as set forth in this Agreement.
ARTICLE 7: Term and Termination
Term. The term of this Agreement shall commence on the date that the last signature is affixed hereto and shall remain in force and effect in perpetuity, unless otherwise terminated as provided for herein.
Termination.
The Parties may terminate this Agreement by mutual consent and agreement in
writing.
Either Party may terminate this Agreement, by written notice to the other Party, for any material breach of this Agreement by the other Party. The breaching Party shall have 30 days from the date it receives written notice to cure such breach.
ARTICLE 8: INDEMNIFICATION AND INSURANCE
Indemnification.
The City shall indemnify, exonerate and hold harmless the District, its Commissioners, officers, employees, servants and agents from all liabilities, including losses, damages and reasonable costs, payments and expenses (such as, but not limited to, court costs and reasonable attorneys' fees and disbursements), claims, demands, actions, suits, proceedings, judgments or settlements any or all of which are asserted by any individual, private entity, or public entity against the District and arise out of or are in any way related to: 1) the City's ownership, operation, and maintenance of the New City Sewer; 2) the RDA with the Developer or the work performed thereunder.
The District shall indemnify, exonerate and hold harmless the City, its officers, employees, servants and agents from all liabilities, including losses, damages and reasonable costs, payments and expenses (such as, but not limited to, court costs and reasonable attorneys' fees and disbursements), claims, demands, actions, suits, proceedings, judgments or settlements any or all of which are asserted by any individual, private entity, or public entity against the City and arise out of or are in any way related to the District's ownership, operation, and maintenance ofthe Relocated Intercepting Sewer after issuance ofthe Notice of Final Acceptance by the District.
The indemnities in this section survive the expiration or termination of this Agreement.
Insurance. Upon the District's request, the Developer shall provide to the District all documentation showing that the Developer has obtained the required insurance for the Sewer|1010|EA5T\176408314.12
Reroute under the RDA and the FCA. The insurance must cover the work contemplated under the Sewer Reroute and must name the District, its Commissioners, officers, agents and employees as additional insureds on its insurance policy.
ARTICLE 9: NOTICE
Notice to District shall be addressed to:
Director of Engineering
Metropolitan Water Reclamation District of Greater Chicago 100 East Erie Street Chicago, Illinois 60611 Phone: (312) 751.7905
and
General Counsel
Metropolitan Water Reclamation District of Greater Chicago 100 East Erie Street Chicago, Illinois 60611 Phone: (312) 751.6565
Notice to the City shall be addressed to:
City of Chicago
Department of Transportation
2 North LaSalle Street, Suite 1110
Chicago, Illinois 60602
Attn: Commissioner
RE: Lincoln Yards
and
Corporation Counsel City of Chicago, Department of Law 121 North LaSalle Street, Room 600 Chicago, Illinois 60602
Attention: Real Estate and Land Use Division with a copy to:
Daniel Burke, P.E., S.E, Managing Deputy/Chief Engineer
City of Chicago
Department of Transportation
2 North LaSalle Street, Suite 820
Chicago, Illinois 60602
Phone: (312) 744-3520
Email: Dan.Burke@cityofchicago.org
Unless otherwise specified, any notice, demand or request required hereunder shall be given in writing and addressed as set forth above. All notices shall be sent by personal delivery,|1010|EAST\176408314,12
UPS, Fed Ex or other overnight messenger service, or first class registered or certified mail, postage prepaid, return receipt requested.
Such addresses may be changed when notice is given to the other party in the same manner as provided above. Any notice, demand or request sent pursuant to either clause (a) or (b) hereof shall be deemed received upon such personal service or upon dispatch by electronic means. Any notice, demand or request sent pursuant to clause (c) shall be deemed received on the day immediately following deposit with the overnight courier and, if sent pursuant to subsection (d) shall be deemed received two (2) days following deposit in the mail.
ARTICLE 10: ASSIGNMENT; BINDING EFFECT
This Agreement, or any portion thereof, shall not be assigned by either party without the prior written consent of the other. This Agreement shall inure to the benefit of and shall be binding upon the City, the District and their respective successors and permitted assigns. This Agreement is intended to be and is for the sole and exclusive benefit of the parties hereto and such successors and permitted assigns.
ARTICLE 11: MODIFICATION
This Agreement may not be altered, modified or amended except by written instrument signed by all ofthe parties hereto.
ARTICLE 12: COMPLIANCE WITH LAWS
The parties hereto shall comply with all federal, state and municipal laws, ordinances, rules and regulations relating to this Agreement. This Agreement is not intended, nor shall it be construed, to confer any rights, privileges, or authority not permitted by Illinois law. Nothing in this Agreement shall be construed to establish a contractual relationship between the District and any party other than the City.
ARTICLE 13: GOVERNING LAW AND SEVERABILITY
This Agreement shall be governed by the laws of the State of Illinois. If any provision of this Agreement shall be held or deemed to be or shall in fact be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all cases because it conflicts with any other provision or provisions hereof or any constitution, statute, ordinance, rule of law or public policy, or for any reason, such circumstance shall not have the effect of rendering any other provision or provisions contained herein invalid, inoperative or unenforceable to any extent whatsoever. The invalidity of any one or more phrases, sentences, clauses, or sections contained in this Agreement shall not affect the remaining portions ofthis Agreement or any part hereof.
ARTICLE 14: COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed an original.
ARTICLE 15: ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties. -|10 10|EASTU76408314.12
ARTICLE 16: AUTHORITY
Execution of this Agreement by the City is authorized by Municipal Code of Chicago Section 2-102-030(w)(1). Execution ofthis Agreement by the District is authorized by its Board of Commissioners on November 4, 2021. The parties represent and warrant to each other that they have the authority to enter into this Agreement and perform their obligations hereunder.
ARTICLE 17: HEADINGS
The headings and titles ofthis Agreement are for convenience only and shall not influence the construction or interpretation of this Agreement.
ARTICLE 18: DISCLAIMER OF RELATIONSHIP
Nothing contained in this Agreement, nor any act of the City or the District, shall be deemed or construed by any ofthe parties hereto or by third persons, to create any relationship of third party beneficiary, principal, agent, limited or general partnership, joint venture, or any association or relationship involving the City and the District.
ARTICLE 19: NO PERSONAL LIABILITY
No officer, member, official, employee or agent of the City or the District shall be individually or personally liable in connection with this Agreement.
ARTICLE 20: NON-WAIVER
Either party's failure to require strict performance by the other party of any provision of this Agreement will not waive a party's right to demand strict compliance with any other provision of this Agreement or such provision at any other time. Any waiver of any terms of this Agreement must be in writing and shall not diminish the future enforceability ofthis Agreement.
ARTICLE 21: REPRESENTATIVES
Immediately upon execution ofthis Agreement, the following individuals will represent the parties as a primary contact:
For the District: Director of Engineering
Metropolitan Water Reclamation District of Greater Chicago 100 East Erie Street Chicago, Illinois 60611 Phone: (312) 751-3169 Email: OConnorC@mwrd.org
For the City: Daniel Burke, P.E., S.E, Managing Deputy/Chief Engineer
City of Chicago Department of Transportation 2 North LaSalle Street, Suite 820 Chicago, Illinois 60602 Phone:(312)744-3520 Email: Dan.Burke@cityofchicago.org
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Each party agrees to promptly notify the other party of any change in its designated representative, which notice shall include the name, address, telephone number and email address of the representative for such party for the purpose hereof.
IN WITNESS WHEREOF the Metropolitan Water Reclamation District of Greater Chicago and City of Chicago, the parties hereto, have each caused this Agreement to be executed as of the date first above written by their duly authorized officers.
CITY OF CHICAGO
By: Date:
Commissioner, Department of Transportation
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
By: Date:
Chairman of the Committee on Finance
By: Date:
Executive Director
ATTEST:
By: Date:
Clerk
APPROVED AS TO ENGINEERING:
By:
Assistant Director of Engineering
By: :
Director of Engineering
APPROVED AS TO FORM AND LEGALITY:
Head Assistant Attorney
By:
General Counsel
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By:
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ACKNOWLEDGEMENT AND AGREEMENT:
The undersigned Developer hereby acknowledges the terms and conditions of the above Agreement and agrees with the description of the Developer's obligations thereunder. To secure the Developer's performance of such obligations, it has agreed to provide the City with an irrevocable letter of credit in the amount of $7,669,200 (representing 110% ofthe estimated cost of the Sewer Reroute) (the "Letter of Credit," a copy of which is attached hereto) prior to the commencement of construction of the Sewer Reroute, the original of which the City shall return to the Developer when the City accepts ownership of the New City Sewer and the District issues its Notice of Final Acceptance ofthe Sewer Reroute pursuant to the Agreement.
The Letter of Credit shall be reduced at completion of 25%, 50% and 75% of the Sewer Reroute by corresponding percentages of the original amount of the Letter of Credit, as evidenced by applications for payments as certified by the engineer for the Sewer Reroute and determined by the City in its sole discretion. From and after the issuance ofthe Developer Letter of Credit, the Developer shall provide the City and District with written updates every 6 months on the progress of the Sewer Reroute and copy District on all written communications and notices with respect to the Letter of Credit. In the event the amount of the Letter of Credit is reduced pursuant to the foregoing, and provided that Developer timely tenders a replacement or amended Letter of Credit to the City in the form required herein, the City shall exchange the original Letter of Credit then held by the City for the original replacement or amended Letter of Credit tendered by Developer.
Notwithstanding the provisions of Article 10 ofthe Agreement, the Developer may assign its obligations under this Acknowledgement and Agreement (and any corresponding obligations under the Agreement) to a successor in interest to its portion of the Redevelopment Area and/or Fleet Portfolio, LLC. Upon such an assignment, the Developer shall be automatically released from any and all liabilities and obligations contained herein or in the Agreement (excluding any liabilities or obligations arising out of or resulting from any breach or default by the Developer hereunder or under the terms of the Agreement prior to the effective date and time ofthe assignment), and the City shall (i) accept from the assignee a replacement Letter of Credit in then applicable amount required hereunder, and (ii) return the original of any outstanding Developer Letter of Credit to Developer, provided, however, that this paragraph shall not be construed as modifying or amending the RDA or waiving any RDA requirements.
DEVELOPER:
Alloy Property Company, LLC,
a Delaware limited liability company
By:
Name:
Its:
Date:
[attach copy of letter of credit to agreement when provided]
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EASr\176a08314.12
Agreement Exhibit 1, Sewer Reroute Depiction (see attached)
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Agreement Exhibit 2, Form of Easement from Developer to District (see attached)
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(The above space for Recorder's office use).
EASEMENT GRANT
THIS GRANT OF EASEMENT, made this day of
A.D. 20 from the (hereinafter
called the "Grantor") to the METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, a municipal corporation organized and existing under the laws of the State of Illinois (hereinafter termed the "District"), 100 East Erie Street, Chicago, Illinois 60611.
WITNESSETH. THAT
WHEREAS, pursuant to the Metropolitan Water Reclamation District Act (70 ILCS 2605/1 et seg.), the District has the power to provide for the drainage of both surface water and sewage by laying out, establishing, constructing and maintaining one or more main channels, drains, ditches and outlets for carrying off and disposing of the drainage (including the sewage) of such district, together with such adjuncts and additions thereto as may be necessary or proper;
WHEREAS, the District is about to construct its TARP Mainstream Dropshaft M73E Project, Contract 20-160-4H with appurtenances, thereto, (hereinafter termed the "Project");
F.AST\1755092S0.5
WHEREAS, it is necessary for the District to obtain a permanent easement, right, privilege, and authority to construct, reconstruct, repair, and maintain the Project through certain premises hereinafter described;
WHEREAS, for the purpose of facilitating the construction of the Project, it is necessary for the District to obtain a temporary easement, right, privilege, and authority (the "Temporary Easement") during the construction of the Project, to use certain additional real estate, hereinafter described, for access to the work, transportation, and storage of materials, tools, equipment and surplus excavation; and
WHEREAS, for the purpose of facilitating continued maintenance and operation of the Project, the Grantor is willing to grant said permanent easement, rights, privileges, and authority to the District, upon the terms and conditions herein set forth;
NOW, THEREFORE, in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) in hand paid by the District to the Grantor, and other good and valuable consideration including, but not limited to, the benefits of the improvements derived from the Project, the receipt of which is hereby acknowledged, and the covenants and conditions hereinafter contained, the Grantor does hereby bargain, sell, grant, transfer and convey to the District, its successors and assigns, the permanent easement, right, permission, and authority to construct, reconstruct, repair, replace, operate, maintain and have access to the Project through the following described premises hereinafter referred to as:
Parcel IA - "Permanent Easement Premises"
Parcels 1B-1 and IB-2 - "Temporary Easement Premises"
(For legal descriptions, see pages IA and IB)
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IN CONSIDERATION of the grant of the permanent and temporary easements, rights, privileges, and authority herein contained, this Easement Grant is subject to the following conditions:
FIRST: The Project shall be constructed by the District upon, over, and through Permanent Easement Premises and public right-of-way adjacent thereto, in accordance with the specifications and plans prepared by the Director of Engineering of the District.
SECOND: The District expressly assumes all responsibility for, and shall indemnify, save, and keep harmless the Grantor against any loss, damage, cost or expense which it may suffer, incur or sustain, or for which it might become liable growing out of any injury to or death of persons, or loss, or damage to property arising out of or caused in the performance of any work done by or under the authority of the District by virtue of the rights granted herein for the Project. In the event of the bringing of any action, suit or suits, against the Grantor growing out of any such loss, damage, cost or expense, and as a prerequisite to any recovery therefore from the District, the Grantor shall give written notice to the District of the commencement of such action, suit or suits, and thereafter the District shall assume the defense thereof. The District shall save and keep harmless the Grantor from any claims for mechanics' liens by reason of any construction work, repairs, replacements, or other work, or for any improvements made or placed upon or to the easement by the District.
The rights and obligations of the Grantor and the District, respectively hereunder, shall inure to the benefit of and be binding upon their respective successors and assigns, and all terms, conditions, and covenants herein shall be construed as covenants, running with the land. The District has the right to assign the easement rights granted herein, and upon assignment shall notify the Grantor or its successors within 30 days.
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THIRD:
The Temporary Easement Premises for construction access and
staging shall be located in the area that is described and depicted in Parcels 1B-1 and 1B-2, attached hereto. However, at any time prior to the District bidding the Project, the Grantor and the District, upon mutual agreement, may relocate the Temporary Easement area 1B-2 to another location contiguous to, and within 500' of, the Permanent Easement Premises. Once established, the Grantor and its successors, assigns, and beneficiaries shall not construct a building or buildings or other structures upon the Temporary Easement Premises during the Easement Term (defined below).
The Grantor and its successors, assigns, and beneficiaries may
construct a building or buildings or other structures or improvements above the Project located in the permanent easement provided that: such improvements are above -90' CCD; the improvements do not restrict access to District facilities; and Grantor provides the District with plans for such improvements.
FOURTH: The District, its successors, or assigns will maintain the improvements it installs within the permanent easement as required pursuant to all applicable laws, rules, regulations, or permits.
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FIFTH: The District shall, after the Project is constructed, restore the Temporary Easement Premises to their original or better condition as stated in the General Specifications of the District for the Project. All such restoration work will be completed within 60 days after the Project is constructed, weather conditions permitting.
SIXTH: The Grantor hereby acknowledges that it has been advised of its rights under the Relocation Assistance and Real Property Acquisition Policies Act for Federal and Federally-Assisted Programs (49 CFR Part 24) by the District or is otherwise familiar with same, and that notwithstanding the rights afforded it thereunder does hereby knowingly and intentionally waive and relinquish any and all rights which it may have thereunder and acknowledges that the consideration paid for the easement aforesaid is fair and reasonable.
SEVENTH: The Temporary Easement shall terminate the earlier of five (5) years after the date hereof, or 30 months following the District providing written notice to Grantor of the commencement of the construction of the Project within the Temporary Easement Premises (the "Easement Term"). Upon the expiration of the Easement Term, the easement rights in favor of the District hereunder shall terminate and expire without further notice or action by Grantor or the District. If, however, either Grantor or tlie District so requests, the parties shall execute and deliver a recordable instrument reasonably acceptable to the parties confirming the expiration of the Easement Term and the termination and expiration of such easement rights of Grantee and the other Grantee Parties hereunder
EIGHTH: Notwithstanding the foregoing provision, the District hereby reserves the right to terminate this Easement at any time during the Easement Term. Such notice shall be in writing.
EASTU75509Z60.5
NINTH: Grantor represents and warrants to the District that the individual executing this instrument on behalf of Grantor has been granted full and legal authority to execute this instrument on behalf of Grantor.
IN WITNESS WHEREOF, the parties hereto have caused these presents, including pages IA, IB, Exhibit IA, and Exhibit IB, to be duly executed, duly attested and their corporate seals to be hereunto affixed.
(Grantor)
Signed: Date:
Printed Name:
Title:
EASTM75509280.5
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
By: Date:
Mariyana T. Spyropoulos
Acting Chairman of Committee on Finance
ATTEST:
Date:__
Jacqueline Torres, Clerk
APPROVED AS TO ENGINEERING AND TECHNICAL MATTERS:
Director of Engineering
APPROVED AS TO FORM AND LEGALITY:
Head Assistant Attorney
General Counsel
EASTU 75509280.5
STATE OF ILLINOIS )
) SS
COUNTY OF COOK )
I, Notary Public in and for said
County, in the State aforesaid, DO HEREBY CERTIFY that Mariyana T. Spyropoulos personally known to me to be the Acting Chairman of the Committee on Finance of the Board of Commissioners of the Metropolitan Water Reclamation District of Greater Chicago, a body corporate and politic, and Jacqueline Torres, personally known to me to be the Clerk of said body corporate and politic, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Acting Chairman of the Committee on Finance and such Clerk, they signed and delivered the said instrument as Chairman of the Committee on Finance of the Board of Commissioners and Clerk of said body corporate and politic, and caused the corporate seal of said body corporate and politic to be affixed thereto, pursuant to authority given by the Board of Commissioners of said body corporate and politic, as their free and voluntary act and as the free and voluntary act and deed of said body corporate and politic, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this day of
, A.D. 20 .
Notary Public
My Commission Expires:
¦ , A. D., 20 .
-8-
EASTU 75509280.5
Individual Jurat
STATE OF ILLINOIS )
) SS COUNTY OF COOK )
I, , a Notary Public in and for said County
and State aforesaid, do hereby certify that who
is personally known to me to be the same person whose name is subscribed in the foregoing instrument- appeared before me this day in person and acknowledged that they signed, sealed, and delivered the said instrument as their free and voluntary act for the uses and purposes therein set forth, including the release and waiver ofthe right of homestead.
IN WITNESS WHEREOF, I have hereunto set my hand and fixed my
Notarial Seal this day of , A.D. 20 .
Notary Public
My Commission Expires:
, A. D., 20 .
EASTU 75509280.5
Corporate Jurat
STATE OF ILLINOIS )
) SS COUNTY OF COOK )
I, a Notary Public in and for said County and
State aforesaid, do hereby certify that . of
who is personally known to me to be the
same person whose name is subscribed in the foregoing instrument appeared before me this day in person and acknowledged that they signed, sealed, and delivered the said instrument of writing as their free and
voluntary act, of the said __, for the uses and
purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and fixed my
Notarial Seal this day of , A.D. 20_.
Notary Public
My Commission Expires:
: , A. D., 20_.
EAST\ 175509280.5
GRANTOR:
PARCEL IA - PERMANENT SUBTERRANEAN EASEMENT
THE PROPERTY AND SPACE LYING BETWEEN THE ELEVATIONS OF -90 FEET AND -235 FEET (CHICAGO CITY DATUM) AND ALSO LYING WITHIN THE BOUNDARIES PROJECTED VERTICALLY DOWNWARD FROM THE SURFACE OF THE EARTH OF THAT PART OF LOT 12 IN W.F. DOMINICK'S SUBDIVISION OF LOTS 1, 2, AND 3 OF BLOCK 14 OF SHEFFIELD'S ADDITION TO CHICAGO IN SECTIONS 29, 31, 32 & 33, TOWNSHIP 40 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ANTE-FIRE, RECODED 10/13/1853, IN COOK COUNTY ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 11 IN W.F. DOMINICK'S SUBDIVSION OF LOTS 1,2, AND 3 IN BLOCK 14 OF SHEFFIELD'S ADDITION TO CHICAGO THENCE SOUTH 28 DEGREES 09 MINUTES 11 SECONDS EAST ALONG THE WEST LINES OF LOTS 11 AND 12, IN W.F. DOMINICK'S SUBDIVISION AFORESAID, A DISTANCE OF 154.99 FEET TO A POINT; THENCE NORTH 66 DEGREES 10 MINUTES 29 SECONDS EAST, A DISTANCE OF 22.31 FEET TO THE POINT OF BEGINNING:
THENCE NORTH 49 DEGREES 08 MINUTES 33 SECONDS EAST A DISTANCE OF 44.15 FEET TO A POINT; THENCE NORTH 51 DEGREES 50 MINUTES 52 SECONDS EAST A DISTANCE OF 19.04 FEET TO A POINT; THENCE SOUTH 36 DEGREES 15 MINUTES 07 SECONDS EAST A DISTANCE OF 16.50 FEET TO A POINT; THENCE SOUTH 64 DEGREES 48 MINUTES 56 SECONDS WEST A DISTANCE OF 64.23 FEET TO THE POINT OF BEGINNING; IN COOK COUNTY, ILLINOIS.
SAID PARCEL IA CONTAINING 540 SQUARE FEET, MORE OR LESS. PIN No. 14-32-120-005
AS SHOWN ON EXHIBIT IA ATTACHED HERETO AND MADE A PART HEREOF.
EASTU75509280.5
GRANTOR:
PARCEL 1B-1 TEMPORARY EASEMENT
THAT PART OF LOTS 11 & 12 IN W.F. DOMINICK'S SUBDIVISION OF LOTS 1,2, AND 3 OF BLOCK 14 OF SHEFFIELD'S ADDITION TO CHICAGO IN SECTIONS 29, 31, 32 & 33, TOWNSHIP 40 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ANTE-FIRE. RECODED 10/13/1853, IN COOK COUNTY ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 11; THENCE SOUTH 29 DEGREES 58 MINUTES 01 SECONDS EAST, ALONG THE EAST LINE OF SAID LOT 11, A DISTANCE OF 65.99 FEET TO A POINT; THENCE SOUTH 88 DEGREES 31 MINUTES 17 SECONDS WEST A DISTANCE OF 75.23 FEET TO A POINT; THENCE SOUTH 00 DEGREES 00 MINUTES 08 SECONDS EAST A DISTANCE OF 22,15 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 25 DEGREES 09 MINUTES 19 SECONDS EAST A DISTANCE OF 10.00 FEET TO A POINT; THENCE SOUTH 64 DEGREES 47 MINUTES 40 SECONDS WEST A DISTANCE OF 90.85 FEET TO A POINT; THENCE NORTH 25 DEGREES 11 MINUTES 09 SECONDS WEST, A DISTANCE OF 10.03 FEET TO A POINT; THENCE NORTH 64 DEGREES 49 MINUTES 01 SECONDS EAST A DISTANCE OF 90.86 FEET TO THE POINT OF BEGINNING; IN COOK COUNTY, ILLINOIS.
SAID PARCEL 1B-1 CONTAINING 910 SQUARE FEET, MORE OR LESS. PARCEL 1B-2 TEMPORARY EASEMENT
THAT PART OF LOT 12 IN W.F. DOMINICK'S SUBDIVISION OF LOTS 1,2, AND 3 OF BLOCK 14 AND LOTS 12, 13, 14, AND 15 IN J.F. LAWRENCE'S SUBDIVISION OF BLOCK 14, OF SHEFFIELD'S ADDITION TO CHICAGO IN SECTIONS 29, 31, 32 & 33, TOWNSHIP 40 NORTH, RANGE 14, EAST OF THE THIRD PRINCIPAL MERIDIAN, ANTE-FIRE, RECODED 10/13/1853, IN COOK COUNTY ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF LOT 11 IN W.F DOMINICK'S SUBDIVISION AFORESAID; THENCE SOUTH 29 DEGREES 58 MINUTES 01 SECONDS EAST, ALONG THE EAST LINE OF SAID LOT 11, A DISTANCE OF 65.99 FEET TO A POINT; THENCE SOUTH 88 DEGREES 31 MINUTES 17 SECONDS WEST A DISTANCE OF 75.23 FEET TO A POINT; THENCE CONTINUING SOUTH 8S DEGREES 31 MINUTES 17 SECONDS WEST A DISTANCE OF 150.31 FEET TO A POINT ON THE WEST LINE OF SAID LOT 11; THENCE SOUTH 28 DEGREES 09 MINUTES 11 SECONDS EAST, ALONG THE EAST LINE OF SAID LOTS 11 & 12, A DISTANCE OF 138.57 FEET TO A POINT, THENCE NORTH 87 DEGREES 56 MINUTES 03 SECONDS EAST A DISTANCE OF 4-5.94 FEET TO THE POINT OF BEGINNING; THENCE NORTH 64 DEGREES 45 MINUTES 47 SECONDS EAST A DISTANCE OF 157.01 FEET TO A POINT; THENCE SOUTH 25 DEGREES 04 MINUTES 35 SECONDS EAST A DISTANCE OF 120 FEET TO A POINT; THENCE SOUTH. 64 DEGREES 45 MINUTES 52 SECONDS WEST A DISTANCE OF 143.58 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 15; THENCE SOUTH 87 DEGREES 52 MINUTES 39 SECONDS WEST A DISTANCE OF 15.49 FEET TO A POINT; THENCE NORTH 41 DEGREES 16 MINUTES 56 SECONDS WEST, A DISTANCE OF 118.53 FEET TO A POINT; THENCE NORTH 64 DEGREES 45 MINUTES 47 SECONDS EAST A DISTANCE OF 33.92 FEET TO THE POINT OF BEGINNING; IN COOK COUNTY, ILLINOIS.
SAID PARCEL 1B-2 CONTAINING 20,782 SQUARE FEET, MORE OR LESS.
PIN NOS. 14-32-120-005-0000 & 14-32-135-015-0000
AS SHOWN ON EXHIBIT IB ATTACHED HERETO AND MADE A PART HEREOF.
-IB-
EASTM 75509280 5
(The above space for Recorder's ofnce use)
EASEMENT GRANT
THIS GRANT OF EASEMENT, made this day of
A.D. 20 from the (hereinafter
called the "Grantor") to the METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, a municipal corporation organized and existing under the laws ofthe State of Illinois (hereinafter termed the "District"), 100 East Erie Street, Chicago, Illinois 60611.
WITNESSETH. THAT
WHEREAS, the District and the City of Chicago ("City") have entered into
a certain Intergovernmental Agreement ("IGA") for the Lincoln Yards
. Redevelopment in Chicago, Illinois, dated ;
WHEREAS, the purpose of the IGA is to ensure coordination between the District and the City as it relates to the requested reroute of the District's West Side 9 Interceptor for the Lincoln Yards Redevelopment (the "Project");
WHEREAS, the IGA provides, inter alia, that the Developer and/or the City, as appropriate, shall grant a permanent, non-exclusive easement for the Relocated Intercepting Sewer that enables the District to operate, maintain,
EAST\175509271.5
access, repair, and replace the Relocated Intercepting Sewer;
WHEREAS, this Easement Grant is intended to convey to the District the property rights necessary to assume the ownership, operation, and maintenance of the Relocated Intercepting Sewer in accordance with the IGA;
WHEREAS, Grantor is the owner of the real estate where the Relocated Intercepting Sewer is located, and is willing to grant said permanent easement to the District, upon the terms and conditions herein set forth;
NOW, THEREFORE, in consideration of the sum of TEN AND NO/100 ($10.00) in hand paid by the District to the Grantor, and other good and valuable consideration including, but not limited to, the benefits of the improvements derived from the Project, the receipt of which is hereby acknowledged, and the covenants and conditions hereinafter contained, the Grantor does hereby bargain, sell, grant, transfer and convey to the District, its successors and assigns, the permanent easement, right, permission, and authority to construct, reconstruct, repair, replace, operate, maintain and have access to the Project through the following described premises hereinafter referred to as:
Parcel XXA - Permanent Easement
(For legal descriptions, see pages XXA)
EASTS 175509271.5
IN CONSIDERATION of the grant of the permanent easement, right, privilege, and authority herein contained, this Easement Grant is subject to the following conditions:
FIRST: The "Relocated Intercepting Sewer" shall be constructed upon, over, and through the easement premises described herein, at the sole expense of Grantor, in accordance with the specifications and plans approved under the Facility Connection Authorization ("FCA") issued by the District pursuant to the Watershed Management Ordinance.
SECOND: Grantor shall indemnify, exonerate, and hold free and harmless the District and its Commissioners, officers, employees, servants, and agents from all liabilities—including losses, damages, and reasonable costs, payments and expenses (such as, but not limited to, court costs and reasonable attorneys' fees and disbursements), claims, demands, actions, suits, proceedings, judgments or settlements—any or all of which are asserted by any individual, private entity, or public entity against the District and arise out of, or are in any way related to, the design or construction of the Relocated Intercepting Sewer or any other work performed in connection with the Lincoln Yards Redevelopment.
THIRD: The District shall indemnify, exonerate, and hold free and harmless Grantor from all liabilities—including losses, damages, and reasonable costs, payments and expenses (such as, but not limited to, court costs and reasonable attorneys' fees and disbursements), claims, demands, actions, suits, proceedings, judgments or settlements—any or all of which are asserted by any individual, private entity, or public entity against Grantor and arise out of, or are in any way related to, the District's operation, maintenance, reconstruction, repair, or replacement of the Relocated Intercepting Sewer after Notice of Final Acceptance is provided, as set forth in the IGA. In the event of the bringing of any action, suit or suits, against Grantor growing out of any such loss, damage, cost or expense, and as a prerequisite to any recovery
-3-
EASTM 75509271.5
therefore from the District, Grantor shall give written notice to the District of the commencement of such action, suit or suits, and thereafter the District shall assume the defense thereof.
FOURTH: The rights and obligations of the Grantor and the District, respectively hereunder, shall inure to the benefit of and be binding upon their respective successors and assigns, and all terms, conditions, and covenants herein shall be construed as covenants, running with the land.
FIFTH: Grantor may use the surface of said real estate, it being understood, however, that such use shall not in any manner interfere with or damage the Relocated Intercepting Sewer. Plans and specifications for any improvements to be constructed on the surface of the Easement Premises are subject to approval by the District's Director of Engineering. Grantor shall have the right to build improvements above the vertical extent of the Easement Premises.
SIXTH: As set forth in the FCA, Grantor shall cause its contractor to issue a payment and performance bond, with the District named as an additional obligee, to ensure adequate funding is available to complete the construction of the Sewer Reroute in accordance with the plans and specifications approved under the FCA.
SEVENTH: As set forth in the FCA, the Grantor shall provide a maintenance bond in the amount of $3 million, with the District named as an additional obligee, effective for a period of two years from the Date of Final Acceptance by the District.
EASTM75S09271.5
IN WITNESS WHEREOF, the parties hereto have caused these presents, including pages XXA and Exhibit XXA. to be duly executed, duly attested and their corporate seals to be hereunto affixed.
(Grantor)
Signed: Date:
Printed Name:
Title:
METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO
By: ; Date:
Mariyana T. Spyropoulos
Acting Chairman of Committee on Finance
ATTEST:
Date:
Jacqueline Torres, Clerk
APPROVED AS TO ENGINEERING AND TECHNICAL MATTERS: Director of Engineering
APPROVED AS TO FORM AND LEGALITY: Head Assistant Attorney General Counsel
-5-
EASTU75509271.5
STATE OF ILLINOIS COUNTY OF COOK
) SS )
I, Notary Public in and for said
County, in the State aforesaid, DO HEREBY CERTIFY that Mariyana T. Spyropoulos personally known to me to be the Acting Chairman of the Committee on Finance of the Board of Commissioners of the Metropolitan Water Reclamation District of Greater Chicago, a body corporate and politic, and Jacqueline Torres, personally known to me to be the Clerk of said body corporate and politic, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Acting Chairman of the Committee on Finance and such Clerk, they signed and delivered the said instrument as Chairman of the Committee on Finance of the Board of Commissioners and Clerk of said body corporate and politic, and caused the corporate seal of said body corporate and politic to be affixed thereto, pursuant to authority given by the Board of Commissioners of said body corporate and politic, as their free and voluntary act and as the free and voluntary act and deed of said body corporate and politic, for the uses and purposes therein set forth.
GIVEN under my hand and Notarial Seal this day of
, A.D. 20 .
Notary Public
My Commission Expires:
, A. D., 20 .
EASTU75509271.5
Corporate Jurat
STATE OF ILLINOIS )
) SS COUNTY OF COOK j
I, . , a Notary Public in and for said County
and State aforesaid, do hereby certify that of
who is personally known to me to be the same
person whose name is subscribed in the foregoing instrument appeared before me this day in person and acknowledged that they signed, sealed, and delivered the said instrument of writing as their free and voluntary act,
of the said , for the uses and purposes
therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and fixed my
Notarial Seal this day of , A.D. 20 .
Notary Public
My Commission Expires:
, A. D., 20 .
-7-
HAS1M75S09271.5
GRANTOR:
PARCEL XXA-PERMANENT EASEMENT
INSERT PERMANENT EASEMENT LEGAL DESCRIPTION HERE
PIN No. XX-XX-XXX-XXXX
ALL AS SHOWN ON A PLAT MARKED EXHIBIT XXA ATTACHED HERETO AND MADE A PART HEREOF.
AREA OF PERMANENT EASEMENT: X.XXX SQ FT
EASTU 75509271.5
Exhibit D to the ordinance:
The Plat of Resubdivision showing right of way dedications from file 32-02-20-3936 [Attached]
frtorr b -ft) efti**"**
EXHIBIT "A"
NEW LOTS AND S Ff-ir.iJT DEDICATIONS CREATED PY THIS SUEDIV
BEING A RESUBDIVISiON OF VARIOUS LOTS. BLOCKS AND VACATFD PUeur =i GHTS OF WAY IN The NORTHWEST QUAfiTtB .\NR THl SOUTHWCST QUAFITF.R OF SFCTION 32, TOWNSm" NORTH. RANGL ]-'. FAST OF Ti-.f pn apJKClPAL MERID'AN. IN COO* CCUMV ILLINOIS
'ISIOn
VL!l*!->NCri'WSIi:.i i>.'pn(M.UI
2020-27544-001 fe^! l.7,!
EXHIBIT "A"
BF.ING A KtiiiRniVIS ON 0* VARIO JS LOTS. BLOCKS AND VACATED PUfll !C EIGHTS OF WAV IN Tr'E NORTHWEST Q'JAP '¦ EH AND Tut SJUHW/tH ULARrER CF ITr.llON .17. TOWNSMF 40 NORM, RA\G[ 1-1 EAST OI HIE THRD PRINCIPAL MEIIPIA'J 'N LOOK CCliMY", ILLINOIS
uwcour Tans worts RBsnmDrraios
I W. WEBSTER AVENUE+T- - -
UMDERLViNiS AND AOJOfNINij PROTEST V CF RE"CORP
-jW SHAKESPEARE AVENUE
GNAPHiC SCALb
17
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CDOT #32-02-20-3936
^sus¦^^^::^^;;^,'¦',''•
EXHIBIT "A"
iitTTCQluISF YARDS MQMWM RBSUBDrvmOR7
EXHIBIT "A"
BEING A RESUBDIViSICN OF VARIOUS LOTS. BLOCKS AND VACATED PUBLIC RIGHTS CF WAY IN THE NORTHWEST CUAF.TER AND THE SO'JTHWES' QUARTER O* SECTION 32. TOWNSHIP 40 NORTH. nANCiF 1J t'AS: O' THE THIRD PC I NCI PAL MERIDIAN, IN COOh fC.llNTY IH INOIS
AREA OF PERPETUAL PUBLIC WAY EASEMENT
_ EXHIBIT "A" _
ElFrNG A RESURDiV S;O.S ,V VARIOUS LOTS. HLOCkS AND VACATED PUBL.it RiGh'S OF WAY iN 'iii NC'RIHWEST QUARTER AND IHL SOUlHWESi UUARILR OF SK'.riUN J.!. 'OWNiHIP-IO NOFTil RftNGL M FAST OF THE tHIRD PRINCIPAL MERIDIAN IN COOK. COL'NTY, ILLINOIS
DWM LAW 082322 EASTU 83640280.112
EXHIBIT C VACATED PROPERTY
[Attached]
C-l
EXHIBIT "A"
LEGEND HSREBf VACATED |™j
I EXtMIMU LOT UKCS
lisc nerwsnn
lUUPIVISlONI "*** '
PRNDIWO DEDICATION • <
¦ AflF-A CF PEBPETtUAt.
t ' (H)-fuir.oftD
(M> • MEASURED RAO' RADIUS
;' rn-chord
i' CKQl CHORD BEARIkO jl RO.'fl • RIGHT OF WAY
II sinsm'ReoAH'i
PLAT OF VACATION
Z3 Z
OF VARIOUS PARCELS IM I ME WEST HALF OF SECTION 32, TOWNSHIP 40 NORTH RAHC.E 14. EAST OF THE THIHD PRINCIPAL MERIOIAN. IN COOK COUNTY. ILLINOIS
HEREBY VACATED'"' £ i SEE PAGE-3 ...
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•HEREBY VACATED_V\. V--H**'*- ¦
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W. ARMITAGE AVENUE-HERESY VACATED SEE PACE 3 PARCEL VS
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HEREBY VACATED "¦¦ SEE PACE 2 • PARCEL V6
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CDOT #32-02-20-3935
EXHIBIT "A"
PLAT OF VACATION
UGALOHCftinTION
au imat r>AJ\cti yif Pint or nitt««nciouiiiML¥ itrcot v,i?6 mjduc ai«* lipvci uvitftur o>
«,l0iM;nH6]5i tO 'ill A>iOtT'>KGlVttT 6*4*0 AWOKWj THAT MfitCriOT l/AlX«CU/ttVC.i«11tL'naf.niQMorvei »of nvocitmwjJiiiuUn asbikw iwc»>Hi»o«*ttcnoNi^rft^r»*ut«o*m Muat
l*riAiri>/ T)kf TVJWftVfOMi **«Ml\»v. AfCO/lCtD VJflClf J), »*>*At COCUW&lT jJUfcOC') JiHtW. Ct«» BEn
AS FOLLOWS * ¦' '
BEGINNING AT THE SOumtASTEKLt CDRMGR OP LOT 10 AFORESAID; THENCE WORTH tl OEOREl-E IT A1.IMVI13 U SECOND!) EAST ALOKG THE EASTERLY BCIENStOM 0* THE fcOUTHBRLY Ll« Of LOT lfl AFORS3AID XU 03 fStT TQ Tlif VOUIHrtljlt CUIlrJCfl Or 5AI0 LOT i iHTWiaiJOOWlSfOh Of 101 1 OP BLOCK W A^QRfiCUlO; VHKMCK tlUftni M OEQRCES T* 'A'HUTf 6 U SECONDS WEST ALCJO SAID miTERi.* LWE Of LOT % A Ol&TANCB OF 1« CQ FEfiT TO THE INTERCLCTION WITH Hit CASTtfll.Y ejCTSWBOH OF THE HQHTH UM3 OF IQT 1 Al-OHEfiAlO: TwaHCft SOOTH H &I0RCE1
n mihi/ths h sccotn* wMTALQfiasAioEAan:ni.Y extension itoorZETTO the nORTHEASTconHfiROFUio
(.OT I; TKEHCt SOUTH JS DECREES iB MINUTES IB KCO'IOS EA*T ALONO TMfi CAiTERLT LINi! OP LOTS 3 TO 10
inclusive. i>a on feet to the potwr of beoumng. in cook county, Illinois iaio above deschiolu p*bcpl
GQNTAimiNO i.aan XOU*nE FEET OR 9 PM ACRE l.tfOFU: OH LFM
i
.1
V
9,
"F"
SEE LEGEND ON PAGE 1
SEE GUQOIViSION CAPTIONS ON PAGE '
SEE PACE 4 FCH Sl.'HVEr NOTES
4& 4&
CDOT #32-02-20-3935
EXHIBIT "A",
GH'NrMlCSCAlG
PLAT OF VACATION
Or VAHIOU3 PARCELS IN THE WEST HALT OF SECTION 3^ TOWNSHIP 40 NORTH; RANGE 1*. EAST OF THE THIRD PRINCIPAL MftRIOIAN. IN COOK. COUNTY. ILLINOIS 'hfii% : f f ""¦( '.Hi (".-•; POINT Or COMMENCEMENT
W. DICKENS AVENUE
- ¦ PARCEL V2 i NW CORNER LOT 21
4 . "B"
.POINT OF BEGINNING
. PARCEL V2 PARCEL V2
NBDTll'20'E ,^T"*T3'
¦ ^ '-i.il3.2Q' : -
"HEREBY VACATED
So
__ ...
•K'^ ' * --."V HEREBA > . \ " VACATED. v PARCEL;V7 V
"I"
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POINT OF BEGINNING PARCEL V5'
NSnO'29 E
v '.yjgo.32' ;'|1010|"D"
ORARHIO .'-('A'.f
.PARCEL VS ,v.-.
HEREBY . Aflft V^VACATED^
Vvr ARMITAGE AVENUE-
>,' POlNflo^NNiNG. . to^+D'E . . I'-UgRc^Y ' C0MMeSc£».IENT-S^^7w|109|PARCEL V3 |- ?.'vt28.ir:...^-. ~"T PARCEL V7' . ¦ 0 .
iVACATED
! -use DETAIL
NO GCALE
SEE Ct-OEND ON PACE 1
! see tuocnviaioN captions on paoe i
| SEP. PAGE * FOR Lf GAL DESCHIPTlONS OF PA.-ICR 5i
j ONTnia page
) SEE PAOE 4 FOR SURVEY NOTES
' CDOT #32-02-20-3935
PARCEL V7 HEREBY 'VACATED
-im
';m'o-rt965-coi ^ ."^ 4
EXHIBIT "A",
PLAT OF VACATION
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CDOT #32-02-20-3935 > \>^}..v
HOWARD B. BROOKINS, JR. ALDERMAN, 21ST WARD
9011 SOUTH ASHLAND AVE. SUITE B CHICAGO, ILLINOIS 60620 PHONE: 773-881-9300 FAX: 773-881-2152
CITY OF CHICAGO CITY COUNCIL
COUNCIL CHAMBER CITY HALL ROOM 305 121 NORTH LASALLE STREET CHICAGO, ILLINOIS 60602 PHONE: 312-744-4810 FAX: 312-744-7738
COMMITTEE MEMBERSHIPS TRANSPORTATION AND PUBLIC WAY (CHAIRMAN)
AVIATION
BUDGET & GOVERNMENT OPERATIONS
ECONOMIC, CAPITAL & TECHNOLOGY DEVELOPMENT
FINANCE
COMMITTEES AND RULES
WORKFORCE DEVELOPMENT & AUDIT
November 16, 2022 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 ALLOY PROPERTY COMPANY, LLC - (SUBSTITUTE) -SO2022-2921 A proposed vacation of the area bounded by North Elston Avenue, West Dickens Avenue, North Southport Avenue and West Willow Street. This property is located in the 2nd Ward. This ordinance was referred to Committee on. September 21, 2022.
This recommendation was concurred unanimously by viva voce vote of the members of the Committee with no dissenting vote.
(Ward 2)
Howard Brookins, Jr., Chairman
Respectfully submitted,
Vacations Approved:
Commissioner of Transportation
introduced By:
Honorable Brian Hopkins Alderman, 2nd Ward
CDOT File: , 32:02-20-3935
APPROVED APPROVED
fall* hu,
CORPORATION COUNSEL
DATED: /'730/^)2
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