HOWARD Et. BROOKINS, JR. ALDERMAN, 21ST WARD
9011 SOUTH ASHLAND AVE SUITE B CHICAGO, ILLINOIS 60620 PHONE: 773-881-9300 FAX: 773-881-2152
COMMITTEE MEMBERSHIPS TRANSPORTATION AND PUBLIC WAY (CHAIRMAN)
AVIATION
BUDGET & GOVERNMENT OPERATIONS
CITY OF CHICAGO CITY COUNCIL
*-
ECONOMIC, CAPITAL & TECHNOLOGY DEVELOPMENT
FINANCE
COUNCIL CHAMBER CITY HALL ROOM 305
121 NORTH LASALLE STREET CHICAGO, ILLINOIS 60602
PHONE: 312-744-4810 FAX: 312-744-7738
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 SCHOOL STREET RESIDENCES, LLC - 02022-3597 A proposed release of past restrictive covenant affecting the previously vacated alley in the area bounded by West School Street, West Melrose Street, North Lakewood Avenue and North Racine Avenue. This property is located in the 44th Ward. This ordinance was referred to Committee on October 26, 2022.
This recommendation was concurred unanimously by viva voce vote of the members of the Committee with no dissenting vote.
(Ward 44)
Howard Brookins, Jr., Chairman
Respectfully submitted,
ORDINANCE FOR RELEASE OF USE RESTRICTION COVENANT
WHEREAS, on February 5, 1998,. the City Council of the City of Chicago (the "City Council") passed a certain ordinance (C.J.P; pp. 62183 and 62185 through 62189 (the "Vacation Ordinance"), which provided for an industrial program ("Industrial Program") alley vacation ("Vacation") of the triangular alley remnant in the block.bounded by W. School Street, W. Melrose Street, N. Lakewood Avenue and N. Racine Avenue ("Subject Property"), known previously as CDOT Fife Number 20-44-97-2161 for Craftsman Plating and Tinning Corporation; and
WHEREAS, the Vacation Ordinance provided that the Vacation of the Subject Property was conditioned upon a restrictive use covenant running with the land (¦Restrictive Use Covenant"), that required the Subject Property be used only for "manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only, and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage,, employee and customer parking, and other similar uses and facilities"; and
WHEREAS, the Restrictive Use Covenant was recorded on June 2,1998, with the Office, ofthe Cook County Recorder of Deeds as Document Number 98455855, and is attached hereto as Exhibit A; and
WHEREAS, the Vacation Ordinance was recorded on June 2, 1998, with the Office of the Cook County Recorder of Deeds as Document Number 98455856, and is attached hereto as Exhibit B: arid
WHEREAS, Section 2 ofthe Vacation Ordinance stateSi in part, that; the Restrictive Use Covenant "may be released or abandoned by the City only upon approval of the City Council which may condition its approval upon the payment of such additional compensation which it deems to be equal to the benefits accruing because of the release or abandonment", and
WHEREAS, School Street Residences, LLC, an Illinois limited liability company ("Developer"), is the current beneficial titleholder of the vacated Subject Project subject to the Restrictive Use Covenant; and
WHEREAS, the Developer intends to use and assemble the Subject Property and surroundings for residential development, and as such has requested a release of the Restrictive Use Covenant under current CDOT File Number 20-44-22-4005; and
WHEREAS, the City Council, upon due investigation and consideration, has determined
that the public interest now warrants a release of the Restrictive Use Covenant reserved in Section 2 of the Vacation Ordinance for the payment of such additional compensation which it deems to be equal to the benefits accruing to the Developer because of the release of the Restrictive Use Covenant; now, therefore,
Be It Ordained by the City Council ofthe City of Chicago:
SECTION 1. The recitals above are incorporated herein.
SECTION 2. The release of the Restrictive Use Covenant, in its entirety, appearing in Section 2 of the Vacation Ordinance is hereby approved upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, the Developer shall pay or cause to be paid to the City of Chicago as compensation for the benefits which will accrue to the
Developer the amount of ($ ), which sum in the judgment of this
body will be equal to such benefits.
SECTION 3. The release of the Restrictive Use Covenant herein provided for is made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, the Developer shall file or cause to be filed in the Cook County Clerk / Recordings Division a certified copy of this ordinance.
SECTION 4. The Commissioner of the Department of Transportation is hereby authorized to execute, subject to the approval of the Corporation Counsel, a Release of Restrictive Use Covenant, in substantially the form attached as Exhibit C. and such other supporting documents as may be necessary or appropriate to carry out and comply with the provisions of the Release of Restrictive Use Covenant, with such changes, deletions and insertions as shall be approved by the persons executing the Release of Restrictive Use Covenant.
SECTION 5. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any of the other provisions of this ordinance.
SECTION 6. This ordinance shall take effect upon its passage and approval.
that the public interest now warrants a release of the Restrictive Use Covenant reserved in Section 2 of the Vacation Ordinance for the payment of such additional compensation which it deems to be equal to the benefits accruing to the Developer because of the release of the Restrictive Use Covenant; now, therefore,
Be It Ordained by the City Council ofthe City of Chicago:
SECTION 1. The recitals above are incorporated herein.
SECTION 2. The release of the Restrictive Use Covenant, in its entirety, appearing in Section 2 of the Vacation Ordinance is hereby approved upon the express condition that within one hundred eighty (180) days after the passage ofthis ordinance, the Developer shall pay or cause to be paid to the Citv of Chicaqo as compensation for the benefits which will accrue to the Developer the amount of Forty Thousand ($ 40,000.00 WhjCh sum in the judgment of this body will be equal to such benefits.
SECTION 3. The release of the Restrictive Use Covenant herein provided for is made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, the Developer shall file or cause to be filed in the Cook County Clerk / Recordings Division a certified copy of this ordinance.
SECTION 4. The Commissioner of the Department of Transportation is hereby authorized to execute, subject to the approval of the Corporation Counsel, a Release of Restrictive Use Covenant, in substantially the form attached as Exhibit C. and such other supporting documents as may be necessary or appropriate to carry out and comply with the provisions of the Release of Restrictive Use Covenant, with such changes, deletions and insertions as shall be approved by the persons executing the Release of Restrictive Use Covenant.
SECTION 5. If any provision of this ordinance shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such provision shall not affect any of the other provisions of this ordinance.
SECTION 6. This ordinance shall take effect upon its passage and approval.
Release of Restrictive Use Covenant Approved:
Gia Biagi Commissioner
CDOT File:
20-4-22-4005
Department of Transportation
EXHIBIT A
June 2,1998 Recorded Restrictive Use Covenant (Attached)
EXHIBIT A
98455855'
7811/0067 35 001 Page 1 of 15 1998-06-02 11:10:4
Cook County Recorder 19.50
WHEREAS, tbe Craftsman Plating and Tinning Corporation and James B. Blacklidge "Owners"), hold legal title to certain parcels of real property ("Abutting Property") which are located at 1223-1231 West School Street, in the County of Cook, State of Illinois, anS-which are currently used for the manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only, and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary .facilities, storage, employee and. customer parking^ and other similar uses and facilities; and
WHEREAS, on February 5, 1998, the City Council of the City of Chicago approved an ordinance (CJ. pp. 62183, .62185 - 62189), a copy of which is attached as Exhibit A and which is hereby mcoip6rate^'("bj^inance") which Ordinance provided for the vacation of that part of a triangular shaped north-south public alley lying north of the westerly extension of the north line of the east-west 16 foot public alley and which lies southeasterly of the . .* southeasterly line ofthe former ritght-of-way ofthe Chicago, Milwaukee, St. Paul and Pacific Railroad in the block bounded by West School Street, North Racine Avenue, North Lakewood Avenue and West Melrose Street (hereinafter referred to as "Subject Premises"), the Subject Premises being more particularly described in Exhibit A which is attached and incorporated; and
WHEREAS) the vacation provided in the Ordinance is conditioned upon the execution and recording by the Owners of a restrictive covenant running wim the land that provides that the Subject Premises shall be used only for manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only , and for those structures and additional uses which are reasonably necessary to permit such nianufacturing use including the location of necessary facilities, storage, employee and customer parking, and other similar uses and facilities;
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PASSAGE AND APPROVAL OF THE VACATION ORDINANCE AND THE VESTING OF TITLE IN THE OWNERS, WITHOUT THE REQUIREMENT THAT THE OWNERS PAY COMPENSATION TO THE CITY, THE OWNERS DO HEREBY AGREE WTTH AND COVENANT TO THE CITY OF CHICAGO AS FOLLOWS:
1. USE. The Owners hereby covenant.to the Ciry-of Chicago that-the above-described s: Subject Premises shall not be used for any use or purpose other than those which are set forth in Exhibit B, which is attached and incorporated, and for those uses and purposes which are accessory to such activities, including, but not limited to, the location of necessary and appropriate offices and facilities, storage, emplQyee.and customer parking and other similar uses and facilities. The consideration for such covenant, which is deemed and agreed to be valuable and sufficient, is the vacation by the City of Chicago of the Subject Premises for the benefit of Owners without the requirement that the Owners pay compensation to the City.
1. COVENANT TO RUN WITH THE LAND AND TERM THEREOF. The burdens of the covenant herein contained shall run with the Subject Premises. The benefits of such covenant shall be deemed in gross to the City of Chicago, its successors and assigns. The
|1010|
covenant snail be binding on the Owners, their successors and assigns, and shall'be enforceable by the City, its successors and assigns. The covenant may be Teleased or abandoned only upon approval of the City Council of the City of Chicago which may condition hs approval upon the payment of such additional compensation by the Owners or any persons claiming" under the' Owners, which said City Council of lhe City of Chicago deems to be equal to the benefits . accruing because of the release or abandonment of the covenant.
2. VIOLATION OF RESTRICTIONS.
(a) Reversion. In the event that the Owners cause or permit a violation
of a restriction contained herein, the City of Chicago may serve the Owners _
with a written notice entitled NOTICE OF VIOLATION setting forth the
violations. Such notice shall be sent to Owners at 1250 W. Melrose Street,
Chicago, Illinois 60657. Within thirty (30) days of receipt of said Notice of
Violation, Owners shall cause the correction of or cure the violations set forth
therein. In the event that Owners shall fan" orrefuse to cause the correction.of
or cure such violations within the period of thirty (30) days, the City of Chicago
may then record wim the Cook County Recorder of Deeds a copy of the Notice
of Violation, proof of service of the Notice of Violation and a Notice of
Reversion. Upon the recording of the aforementioned documents by .the. City of
Chicago, the Subject Premises shall be deemed to be conveyed by Owners to the
«
City of Chicago. In the event that the City does not exercise its right of reversion as stated in mis Section 3(a) within twenty (20) years from the date of execution and recording of this Covenant, then the provisions of this Section 3(a) shall be deemed null and void.
(b) Rnforcttment. In addition to the foregoing, this Covenant shall be
|1010|* £ ££8££frS6
enforceable by all remedies available in law or in equity, including injunctive relief.
IN WITNESS WHEREOF, the Owners have caused this Covenant to be duly
executed and attested to this /& day of 1998. "'
CRAFTSMAN PLATING AND TINNING CORPORATION
Its: Ttez
ATTEST:
Its: l/fC& /fy&S/tf&V?
JAMES B. BLACKLIDGE
ACCEPTED:
Commissioner of Transportation
APPROVED AS TO FORM AND LEGALITY:
1 y> > *4 SS8SSfr86
STATE OF ILLINOIS )
)
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that James B. Blacklidge js 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 as such
he/she signed and delivered the said instrument, his/her voluntary act, for the uses and «
purposes therein set forth.
GIVEN under my hand and notarial seal this J% day of J7a4Y ^"1998.
Prepared by and when recorded, return to: John McDonough Assistant Corporation Counsel 121 Norm LaSalle Street Room 610, City Hall Chicago, Illinois 60602 312/744-9827
STATE OF ILLINOIS )
)
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that James B. Blacklidge t personally known to me
to be the President of Craftsman Plating & Tinning Corp.t a
corporation, who is personally known to me to be the same person whose name
subscribed to the foregoing instrument, appeared before me this day in person and
acknowledged that as such he/she signed and
delivered the said instrument, as the free and voluntary act of such corporation, for (faruses and purposes therein set forth.
9 .
GIVEN under my hand and notarial seal this)% day of /^>y 1998.
^NotoyPub^^-.-"- -
"OFFICIAL SEAL" BETTIE D. BROWN
Notary Puhtte, State of Illinois My Commission Expires 02/22/00
Prepared by and when recorded, return to:
John McDonough
Assistant Corporation Counsel
121 North LaSalle Street
Room 610 , City Hall
Chicago, Illinois 60602
312/744-9827
EXHIBIT A - VACATION OttTVrrVAW;!?
No. P.I.N, applicable - document affects newly vacated public way
|1010|
REPORTS OF COMMITTEES
>fa
'lie Be
•ty.
¦iid bic
"Us >er ;nt ng ed Mi th so ch
thereof- The benefits of such covenant shall be deemed in gross toJfcne City of Chicago- its successors and assigns, and the burdens of such covenant shall run orith and burden the public way vacated by this orcunance^he covenant may released or abandoned by the City only upon approjfafof the City Council tfhich may condition its approval upon the payment of such additional ooQ1pensation which it deems to be equal to the benefits accruing because of the release or abandonment.
SECTION 5. The vacation herein^provided for is made upon the express condition that within one htmdtedr^ghty (180) days after the passage of this ordinance, the Mid-City National Bank of Chicago, as Trustee, under Trust Number 2539/shall file or cause to be filed for record in the Office of tE&Recorder of Deeds of Cook County^lUinois, a certified copy of this ordinance, together with a restrictive covena/tfcomplying with Section 4 of this ordinance, approved by the Corporation^Counsel, and an attached drawing approved by the Supermtenderit of Maps.
SEprfON 6. This ordinance shall take effect and be in force from and after its Ssage.
[Drawing referred to in^ u^ ordinance -printed on__page--6"2l84 of this Journal.]
of or w
t,
g
VACATION OF PORTION OF,EUBUC ALLEY IN BLOCK BOUNDED BY WEST SCHOOL STREET; NORTH RACINE AVENUE, NORTH LAKEWOOD AVENUE AND WEST MELROSE STREET*
to id ar le
>g
id
>g d
-.e
.3
The Committee on Transportation and Public Way submitted the following report:
CHICAQO, February2.1998.
To the President and Members of the City Council:
(Continued on page 62185)
Si *
REPORTS OF COMMITTEES
(Continued from page 62183)
Your Committee on Transportation and Public Way begs leave to report and recommend that Your Honorable Body Pass an ordinance for the vacation of that part of a triangular shaped north/south public alley lying north of the westerly extension of the north line of the east/west 16 foot public alley and which lies southeasterly of the southeasterly line of the former right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad in the block bounded by West School Street, North Racine Avenue, North Lakewood Avenue and West Melrose Street. This ordinance was referred to the committee on February.2,1998.
This recommendation was concurred in unanimously by a viva voce vote of the members of the committee, with no dissenting vote.
Respectfully submitted,
(Signed) THOMAS R. ALLEN,
\ Viae Chairman.
On motion of Alderman Allen, the said proposed ordinance transmitted with the foregoing committee report was Passed by yeas and nays as follows:
Yeas — Aldermen Granato, Haithcock, Tillman, Preckwinkle, Holt, Lyle, Beavers,
Dixon, Shaw, Buchanan, Balcer, Frias, Olivo, Burke, Jones, Coleman, Peterson,
Murphy; Rugai; Troutman,^ Munoz, ZalmsM,-Chandler, Sobs, Ocasio,
Burnetti'E.Sh^tK;Burrell, Wojcik, Suarez, Gabmsk^MeU, Austin, Colom, Banks, Giles, Allen, Lauiirib/ O'Connor, Doherty, Natarus, Bernardini; Levar, Shiller, Schulter, M. Smith, Moore, Stone - 4J>. .
Nays — None.
Alderman Natarus moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed:
WHEREAS, The City of Chicago ("City") is a home rule unit of local government pursuant to Article VTI, Section 6(a) of the 1970 Constitution, of the State of Illinois, and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
SS8SSi?S6
.62186 JOURNAL—CITY COUNCIL—CHICAGO 2/5/gg
WHEREAS, The City has experienced a significant loss of industry and jobs in recent years, accompanied by a correspondingerosion of its tax base, due in part to industrial firms' inability to acquire additional property needed for their continued viability and growth; and
WHEREAS, Many industrial Sims adjoin streets and alleys that are no longer required for public use and might more productively be used for plant expansion, and modernization, employee parking, improved security, truck loading areas or other industrial uses; and
WHEREAS, The City would benefit from the vacation of these streets and alleys by reducing City expenditures on maintenance, repair' anjtf-replacement; by reducing fly-dumping, vandalism and other criminal activity; and by expanding the City's property tax base; and
WHEREAS, The City can strengthen established industrial areas and expand the City's job base by encouraging the growth and modernization of existing industrial facilities through the vacation Of public streets and alleys for reduced compensation; and
WHEREAS, The properties at 1223 to 1231 We$t School Street are owned by Craftsman Plating and Tirming Corporation and James B. Blacklidge; and
WHEREAS, Craftsman Plating and Tinning Corporation and James B. Blacklidge employs eighty (80) individuals in the manufacture of electroplated metals; and
WHEREAS, Craftsman Plating and Tinning Corporation and James B.
Blacklidge proposes to use the portion of the alley to be vacated herein for
warehouse expansion and other such uses which are reasonably necessary
therefore; and ^ ...
WHEREAS, The City Council of the City of Chicago, after due investigation and consideration, has determined that the nature and extent of the public use and -the public interest to be subserved is such as to warrant the vacation of part of public alley described hi the following ordinance; now, therefore,
Be It Ordained by the City Council of the City of Chicago:
SECTION 1. All of the triangular shaped north/south public alley lying west and southwesterly of the west and southwesterly lines of Lot 19, lying north of the westerly extension of the south line of Lot 19 in John P. Altgeld's Subdivision of that part of the east half of the southwest quarter of Section 20, Township 40 North, Range 14, East ofthe Third Principal Meridian, lying east of the easterly
t ¦
see
REPORTS OF COMMITTEES 62187
toe of the right-of-way of the Chicago and Evanston and Lake Superior"Raflroad presently called the former right-of-way of the Chicago, Milwaukee^St. Paul and pacific Railroad in Cook County, Illinois, lying southeasterly of the southeasterly line of the former right-of-way Of Chicago, Milwaukee, St Paul and Pacific ggilroad said southeasterly former right-of-way line adjoins the northwesterly line of Lot 19 in John P. Altgeld's Subdivision aforesaid; said public alley herein vacated being further described as that part of a triangular shaped north/south public alley lying north of the westerly extension of the north line of the . east/west 16 foot public alley and which lies southeasterly of the southeasterly line of the former right-of-way of the Chicago, Milwaukee, St Paul and Pacific Railroad in the block bounded, by West School Street, North. Racine Avenue, North Lakewood Avenue and West Melrose Street as shaded and indicated by the words To Be Vacated" on the drawing hereto attached, which drawing for greater certainty, is hereby made a part of this ordinance, be and the same is hereby vacated and closed, inasmuch as the same is no longer required for public use and the public interest will be subserved by such vacation.
SECTION 2. The Commissioner of Transportation is hereby authorized to accept, subject to the approval of the Corporation Counsel as to form and legality, and on behalf of the City of Chicago, the benefits of a covenant or similar instrument restricting the use of the public way vacated by, this ordinance to the manufacturing (mcluding production*, processing, cleaning, servicing, testing and repair) of materials, goods or products only and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and similar other uses and facilities. Such covenant shall be enforceable in law or in equity and shall be deemed to provide for reconveyance of the property to the city upon substantial breach of the terms and conditions thereof. The benefits of such covenant shall be deemed in gross to the City of Chicago, its successors and assigns, and the burdens of such covenant shall run with and burden the public way vapated by this ordinance. The covenant may be released or abandoned by the City Only upon approval of the City Council which may condition its approval upon the payment of such additional compensation which it deems to be equal to the benefits accruing because of the release or abandonment
SECTION 3. The vacation herein provided for is made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, the Craftsman Plating and Tinning Corporation and James B. Blacklidge shall file or cause to be filed for record in the Office of the Recorder
££8££i?86
JOURNAL-CITY COUNCIL-CHICAGO
of Deeds of Cook County, Illinois, a certified copy of tm's ordinance, together
a restrictive covenant complying with Section 2 of this ordinance, approved!?
the Corporation Counsel, and an attached clrawing approved bv- ?
Superintendent of Maps. y ^
SECTION 4. This ordinance shall take effect and be in force from and a* its passage.
(Drawing referred to in this ordinance printed on page 62189 of this Journal.]
ESTABLISHMENT OF TAXICAB STAND NUMBER 732 ON PORTION OF SOUTH WABASH AVjBNUE.
\/
The . Committee on Transportation and PubHc^Way submitted the following
report: , y^'
/ CHICAGO, February 2,1998,
To the President and Id/embers of the dty Counah
Your Committeemen Transportation and Public Way begs leave to report end recommend that Your.Honorable Body Pass an ordinance authorizing and -directing ihe Commissioner of Transportation to establish Taxicab Stand Numbe»'732 on the west side of South Wabash Avenue, from a point 20 feet south of East Madison Street to a point 60 feet south thereof, for three vehicles ^tow-away zone. This ordinance was referred to the committee on January 14, 1998.
(Continued on page 62190)
REPORTS OF COMMITTEES
Ordinance associated with this drawing printed on pages 62186 through 62188 of this Journal. —
John P.AItgetd's Sub. of that part of the E.V2 ofthe S.W.V4 of Set 20-40-14. lying E. of the Ety line of the Right of Way ofthe Chicago and Evanston and Lake Superior R.R. „ _ „ D
Wm.J.Goud/s Sub. of that part of the S.E.V4 of the S.W.V4 of Sea 20-40-14. lying W. of the Right of Way ofthe Chicago and Evanston and Lake Superior R.R. „q„
vacated by Ordinance Approved Dec. 22,1926.
Rec. Dec. 31,1926 Doc. No. 9509602
Dr. No. 20-44-97-2161
Note: Thjs Alley Is being vacated-under the INDUSTRIAL STREET AND ALLEY PROGRAM.
L
W. SCHOOL|1010|Q O O
10
s W. MELROSE
i r
F YWTRTT tt - PgPlUTTTFn rifflES j
I
Manufacturing, production, processing, assembly, fabricating, cleaning, servicing and repair of materials, goods or products, including but not limited to the following:
Food and Kindred Products j
Tobacco Products 1
Apparel and Other Textile Products
Lumber and Wood Products
Furniture and Fixtures
f Paper and Allied Products
Printed and Published Products
Chemicals and Allied Products
i. Petroleum and Coal Products
j. Rubber arid Miscellaneous Plastics
k. Leather and Leather Products ""^ ¦
1. Stone, Clay and Glass Products
m. Primary Metals
n. . Fabricated Metal Products
o. Industrial Machinery and Equipment
p. Electronic and Electric Equipment
q. Transportation Equipment
r. Instruments and Related Products s. Scrap Metals -l.
Transportation and wholesale trade, as distinguished from retail trade, of the materials, goods or products listed above.
Research and development of prototypes and processes related to the activities listed above.
a: covenant. 012
££8£Si?86
EXHIBIT B
June 2,1998 Recorded Vacation Ordinance (Attached)
<7i<-,a ir rrr.tT /
INDUSTRIAL ALLEY VACATION ORDINANCE
WHEREAS, the City of Chicago ("City") is ;i home rule unit of local government pursuant to Article VII. Section 6<;i) ofthe 1970 Constitution ofthe State of Illinois, anil, as such, may exercise any power and perform any function pertaining to its government and affairs; and
WHEREAS, the City has experienced a significant loss of industry and jobs in recent years, accompanied by a corresponding erosion of its lux base, due in part to industrial firms' inability 10 acquire additional property needed for their continued viability and growth; and
WHEREAS, many industrial firms adjoin streets and alleys (hat arc no longer required for public use and might more productively be used for plant expansion and modernization, employee parking, improved security, truck loading areas, or other industrial uses: and
WHEREAS, the City would benefit from the vacation of these streets and alleys by reducing City expenditures on maintenance, repair and replacement; by reducing fly-dumping, vandalism and other criminal activity; and by expanding the City's property tax base; and
WHEREAS, the City can strengthen established industrial areas and expand the City's job base by encouraging the growth and modernization of existing industrial facilities
Page 1
ri0.4 termer/
through lhe vacation of public streets unii alleys for reduced compensation: and
WHEREAS, the properties ai 1223 TO 1231 W. School Street are owned by Craftsman Plating and Tinning Corporation and James B. Blacklidge; and
WHEREAS, Craftsman Plating und Tinning Corporation and James B, Blacklidge employs 80 individuals in the manufacture of electroplated metals; and
WHEREAS, Craftsman Plating and Tinning Coiporation and James B. Blacklidge proposes to use the portion of the alley to be vacated herein for warehouse expansion and other such uses which are reasonably necessary therefore; and
WHEREAS, the City Council ofthe City of Chicago, after due investigation and consideration, has determined that the nature and exient of the public use and the public interest p be subserved is such as to warrant the vacation of part of public alley described in the following ordinance; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. All of the triangular shaped North-South public alley lying West and Southwesterly of the West and Southwesterly lines of 19, lying North of the Westerly extension of the South line of Lot 19 in
Page 2
i~j .4 c cr i~i cr / 7 On -J JO-Jt*
John I' Altgeld's Subdivision oi' that pari ol' the East V: of ihe-Southwest V4 of Section 20. Township 40 North, Range 14. East of the Third Principal Meridian, lying East ofthe Easterly line ofthe right of way of the Chicago and Evanston and Lake Superior Railroad presently called tho former right of way of liie Chicago, Milwaukee St. Paul and Pacific Railroad in Cook County. Illinois, lying Southeasterly ofthe Southeasterly line of the former right of way of ihe Chicago, Milwaukee St. Paul and Pacific Railroad said Southeasterly former right of vv;iy line adjoins the Northwesterly line of Lot 19 in John P. Allgeld's Subdivision aforesaid; said public alley herein vacated being further described as that part ofa triangular shaped Noiih-Souih public alley lying North of the Westerly extension of the North line of the East-West 16 fool public alley and which lies Southeasterly of the Southeasterly line of the former right of way of ihe Chicago, Milwaukee. St. Paul iind Pacific Railroad in the block bounded by W. School Street. N. Racine Avenue, N. Lakewood Avenue and W. Melrose Street as colored in red and indicated by ihe words "TO BE VACATED" on the drawing hereto attached, which drawing for greater ceriftinty. is hereby made a part of this ordinance, be and the same is hereby vacated and closed, inasmuch as the same is no longer required for public use and the public interest will be subserved by such vacation.
SECTION 2. The Commissioner of Transportation is hereby authorized to accept, subject to the approval of the Corporation Counsel as to form and legality, and on behalf of the City of Chicago, the benefits of a covenant or similar instrument restricting the use ofthe public
Page 3
way vacated by this ordinance 10 the manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and similar other uses and facilities. Such covenant shall be enforceable in law ov in equity and shall be deemed to provide for reconveyance of the property to the city upon substantial breach of the terms and conditions thereof. The benefits of such covenant shall be deemed in gross to (he City of Chicago, its successors and assigns, and the burdens of such covenant shall run with and burden the public way vacated by this ordinance. The covenant may be released or abandoned by the City only upon approval of the City Council which may condition «n approval upon the payment of such additional compensation which it deems to be equal to the benefits accruing because of the release or abandonment.
SECTION 3. The vacation herein provided for is made upon the express condition that within 180 days after the passage of this ordinance, the CRAFTSMAN PLATING and TINNING CORPORATION AND JAMES B. BLACKLIDGE shall file or cause to be filed for record in the Office of the Recorder of Deeds of Cook County, Illinois, a certified copy of mis ordinance, together with a restrictive covenant complying with Section 2 of this ordinance, approved by the Corporation Counsel, and an attached drawing approved by the Superintendent of Maps.
Page 4
IfCH'JJO'J1.'
SECTION 4. This ordinance shall take effect and be in force from and after its
passage.
Legal Description Approved: Superintendent of Mans^//)t ^y 2£ ,990
Chief Asst. Corporation Counsel
Approved as to Form and Legality
Page 5
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John P. Altgeld's Sub. of that part of the E. V2 of Ihe S.W. V4 of Sec. 20-40-14, lying E. of Ihe E'ly line of the Right of Way of the Chicago and Evanston and Lake Superior R.R. „_>„
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Wm. J. Goudy's Sub. of lhat part of the S.E. V4 of lhe S.W. V4 of Sec. 20-40-14, lying W. of the Right of Way of the Chicago and Evanston and Lake Superior R.R.
Vacated by Ordinance Approved Dec. 22,1926.
Rec, Dec. 31,1926 Doc. No. 9509G02
13 «
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~ Dr. No. 20-44-97-2161 May 20 199& <
Note: This Alley is being vacated . under the INDUSTRIAL STREET AND ALLEY PROGRAM.
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W. MELROSE
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STATE OF ILLINOIS, )
) SS. COUNTY OF COOK. )
I, JAMES J. LASKl, Cicy Clerk of the City of Chicago, in the County of Cook and State of Illinois, DO HEREBY CERTIFY that the annexed and foregoing is a true and correct copy of that certain ordinance for the vocation thnt part of a triangular shaped north aouth public alley lying north of the westerly extension of Che north lino of the east-west 16 foot public alley, etc, which ordinance waa passed by the City Council of the City of Chicago at the regular meeting held on the fifth (5th) day of February, A.D,, 1998.
I DO FURTHER CERTIFY that the vote on tho question of tho passage of the said ordinance by the said City Council was taken by yecs and nays and recorded in the Journal of the Proceedings of said City Council, and that the result of said vote so taken was as follows to witi yeas A9 nays Hone I DO FURTHER CERTIFY that the original, of which the foregoing is a true and correct copy, is on file in my office and that I am the lawful custodian of the same.
WITNESS MY HAND and the corporate seal of the said City of Chicago this eleventh Ulth) day of May, A.D. 1998.
Dan ^ Cit*h/
CJ*y fM
EXHIBIT C
FORM OF RELEASE OF RESTRICTIVE USE COVENANT (Attached)
RELEASE OF
RESTRICTIVE USE COVENANT
(The Above Space For Recorder's Use Only)
CITY OF CHICAGO, an Illinois municipal corporation ("City"), pursuant to a February 5, 1998 ordinance ("Vacation Ordinance"), which Vacation Ordinance was recorded on June 2, 1998, with the Office of the Cook County Recorder of Deeds as Document Number 98455856, and is attached hereto as Exhibit A. and provided for an industrial program ("Industrial Program") alley vacation ("Vacation") of all the triangular alley remnant in the block bounded by W. School Street, W. Melrose Street, N. Lakewood Avenue and N. Racine Avenue ("Subject Property"), as legally described on Exhibit B attached hereto.
The Vacation Ordinance provided that the Vacation of the Subject Property was conditioned upon a restrictive use covenant running with the land ("Restrictive Use Covenant"), that required the Subject Property be used only for "the manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and other similar uses and facilities".
The Restrictive Use Covenant was recorded on June 2, 1998 with the Office ofthe Cook County Recorder of Deeds as Document Number 98455855, and is attached hereto as Exhibit C
Section 2 of the Vacation Ordinance sets forth that the Restrictive Use Covenant "may be released or abandoned by the City only upon approval of the City Council which may condition its approval upon the payment of such additional compensation which it deems to be equal to the benefits accruing because of the release or abandonment".
The City, upon due investigation and consideration, has determined that the public interest now warrants a release of the Restrictive Use Covenant reserved in Section 2 of the Vacation Ordinance for the payment of such additional compensation which it deems to be equal to the benefits accruing to the Developer because of such release of the Restrictive Use Covenant.
The City hereby releases the Restrictive Use Covenant from the Subject Property, as legally described on Exhibit B. attached.
Release of Restrictive Use Covenant Approved:
Gia Biagi Commissioner
Department of Transportation
Introduced By:
Honorable Tom Tunney Alderman, 44th Ward
CDOT File:
20-4-22-4005
STATE OF ILLINOIS )
)SS
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, do hereby certify that Gia Biagi, 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, sealed and delivered as Commissioner, Department of Transportation, the said instrument as her free and voluntary act, and as the free and voluntary act of the City of Chicago, for the uses and purposes therein set forth.
Given under my hand and official seal, this day of , 2022.
Notary Public
THIS INSTRUMENT WAS PREPARED BY: Arthur Dolinsky Senior Counsel
City of Chicago, Department of Law 121 N. LaSalle Street, Room 600 Chicago, Illinois 60601 3127744-8731
THIS TRANSFER IS EXEMPT PURSUANT TO THE PROVISIONS OF THE REAL ESTATE TRANSFER TAX ACT, 35 ILCS 200/31-45; AND SECTION 3-3 2-030B7(b) OF THE CHICAGO TRANSACTION TAX ORDINANCE.
(sub)EXHJBJTA OF THE RELEASE OF RESTRICTIVE USE COVENANT
June 2,1998 Recorded Vacation Ordinance (Attached)
SUBEXHIBIT A (TO RELEASE) .
INDUSTRIAL ALLEY VACATION ORDINANCE
WHEREAS, the City of Chicago ("City") is a home rule unit of local government pursuant to Article VII. Section 6
WHEREAS, the City has experienced a significant loss of industry and jobs in recent years, accompanied by a corresponding erosion of its tax base, due in part to industrial firms' inability to acquire additional property needed for their continued viahilhy and growth; and
WHEREAS, many industrial firms adjoin sireets and alleys that are no longer required for public use and might more productively he used for plant expansion and modernization, employee parking, improved security, truck loading areas, or other industrial uses: and
WHEREAS, the City would benefit from the vacation of these streets and alleys by reducing City expenditures on maintenance, repair and replacement; by reducing fly-dumping, vandalism and other criminal activity; and by expanding the City's property tax base; and
WHEREAS, the City can strengthen established industrial areas and expand the City's job base by encouraging the growth and modernization of existing industrial facilities
Page 1
through the vacation ot* public streets anil alleys for reduced compensation: and
WHEREAS, the properties at 1223 TO 1231 W. School Street are owned by Craftsman Plating and Tinning Coiporation and James B. Blacklidge; and
WHEREAS, Craftsman Plating and Tinning Corporation and James B. Blacklidge employs 80 individuals in the manufacture of electroplated metals; and
WHEREAS, Craftsman Plating and Tinning Coiporation and James B. Blacklidge proposes lo use the portion of ihe alley to be vacated herein for warehouse expansion and other such uses which are reasonably necessary therefore; and
WHEREAS, the City Council ofthe City of Chicago, after due investigation and consideration, has determined thai the nature and extent of ihe public use and the public interest to be subserved is such as to warrant the vacation of pan of public alley described in the following ordinance: now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1, All of the triangular shaped North-South public alley lying West and Southwesterly of the West and Southwesterly lines of 19, lying North of the Westerly extension of the South line of Lot 19 in
Page 2
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John IV Altgcld's Subdivision oi* (hat part of the East '/; of the Southwest V* of Section 20. Township 40 North. Range 14. I'a.M of the Third Principal Meridian, lying East ofthe Easterly line of Ihe right of way of the Chicago and Evanston and Lake Superior Railroad presently called tho former right of way of liie Chicago, Milwaukee St. Paul and Pacific Railroad in Cook County. Illinois, lying Southeasterly of the Southeasterly line of the former right of way ofthe Chicago, Milwaukee St. Paul and Pacific Railroad said Southeasterly former right of way line adjoins the Northwesterly line of Lot 19 in John P. Altgeld's Subdivision aforesaid; said public alley herein vacated being further described as that part of a triangular shaped North-South public alley lying North of the Westerly extension of the North line of ihe East-West 16 foot public alley and which lies Southeasterly of the Southeasterly line ofthe former right of way ofthe Chicago. Milwaukee. St. Paul and Pacific Railroad in the block bounded by W. School Street, N. Racine Avenue, N. Lakewood Avenue and W. Melrose Street as colored in red and indicated by the words "TO BE VACATED" on the drawing hereto attached, which drawing for greater certainty, 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 (he public interest will be subserved by such vacation.
SECTION 2. The Commissioner of Transportation is hereby authorized to accept, subjcci lo the approval of ihe Corporation Counsel as lo form and legality, and on behalf of the City of Chicago, (he benefits of a covenant or similar instrument restricting the use of the public
Page 3
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way vacated by this ordinance to the manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only and fur those structures and additional uses which are reasonably necessary to permit such manufacturing use including the locaiion of necessary facilities, storage, employee and customer parking, and similar other uses and facilities. Such covenant shall be enforceable in law or in equity and shall be deemed to provide for reconveyance of the property to the city upon substantial breach of the terms and conditions thereof. The benefits of such covenant shall be deemed in gross to the Cily of Chicago, its successors and assigns, and lhe burdens of such covenant shall run with and burden lhe public way vacated by this ordinunee. The covenant may be released or abandoned by the City only upon approval of the Ciry Council which may condition }u approval upon the payment of such additional compensation which il deems to be equal to the benefits accruing because ofthe release or abandonment.
SECTION 3. The vacation herein provided for is made upon the express condition that wilhin 180 days after ihe passage of this ordinance, the CRAFTSMAN PLATING and TINNING CORPORATION AND JAMES B. BLACKLIDGE shall file or cause to be filed for record in the Office of the Recorder of Deeds of Cook County, Illinois, a certified copy of this ordinance, together with a restrictive covenant complying with Section 2 of this ordinance, approved by the Corporation Counsel, and an attached drawing approved by the Superintendent of Maps.
Page 4
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SECTION 4. This ordinance shall lake effect and be in force from and after its
passage.
Legal Description Approved:
Superintendent of Mapsy^^ ffly 2£ % Approved as to Form and Legality
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Chief Asst. Corporation Counsel
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John P. Altgeld's Sub. of that part of the E. V2 of the v '
S.W. V4 of Sec. 20-40-14, lying E. ol lhe E'ly line ol '.; • the Right of Way of the Chicago and Evanston and Lake Superior R.R. »Dm
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Wm. J. Goudy's Sub. ol that part of the S.E. V4 of ,'' :'
the S.W. V4 of Sec, 20-40-14, lying W. of the Right of Way of the Chicago and Evanston and Lake Superior R.R. ursU
Vacated by Ordinance Approved Dec. 22,1926. ;• '
Rec. Dec, 31,1926 Doc. No. 9509G02 :
Dr. No. 20-44-97-2161 r {vfay 20 199$ <
Nole: This Alley is being vacated . under the INDUSTRIAL STREET AND ALLEY PROGRAM.
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W. MELROSE
STATE OF ILLINOIS, )
) SS
COUNTY OF COOK. )
I, JAMES J. LASKI, cicy Clerk of the city of Chicago, in the County of Cook and State of Illinois, DO HEREBY CERTIFY that the annexed and foregoing is a true and correct copy of time certain ordinance £ot the vacation thnt part of a triangular shaped north aouth public alley lying north of the westerly extension of the north line of the east-west 16 foot public alley, etc, which ordinance was passed by tha City Council of the City of Chicago at the regular meeting held on the fifth (5th) day of February, A.D,, 1998.
I DO FURTHER CERTIFY that the vote on tho question of the passage of the aald ordinance by the said City Council was taken by yeas and nays and recorded in the Journal of the Proceedings of said City Council, and that the result of said vote so token waB as follows to witi yeas 49 nays Hone I DO FURTHER CERTIFY that the original, of which the Foregoing is a true and correct copy, Ib on file in my office and that 1 am the lawful custodian of the same.
WITNESS MY HAND and the corporate seal of the said City of Chicago this eleventh (-llth).day of May, A.D. 1998.
WaMES J. Ut0fU City Clerk.
Djn tf Qyo#*. Cl*y fit//
(sub) EXHIBIT B OF THE RELEASE OF RESTRICTIVE USE COVENANT
Legal Description of
Subject Property
ALL OF THE TRIAGULAR SHAPED NORTH-SOUTH PUBLIC ALLEY LYING WEST AND SOUTHWESTERLY OF THE WEST AND SOUTHWESTERLY LINES OF LOT 19, LYING NORTH OF THE WESTERLY EXENSION OF THE SOUTH LINE OF LOTS 19 IN JOHN P. ALTGELD'S SUBDIVISION OF THAT PART OF THE EAST Vi OF THE SOUTHERWEST V* OF SECTION 20, TOWNSHIP 40 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST OF THE EASTERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO AND EVANSTON AND LAKE SUPERIOR RAILROAD PRESENTLY CALLED THE FORMER RIGHT OF WAY OF THE CHICAGO, MILMAUKEE ST. PAUL AND PACIFIC RAILROAD, IN COOK COUNTY, ILLINOIS.
(sub)EXHIBIT C OF THE RELEASE OF RESTRICTIVE USE COVENANT
June 2,1998 Recorded Restrictive Use Covenant (Attached)
JtfyeXHtBtT & (TO KB LB AS B) 98455855
7811/0067 35 001 Page 1 of 15 1998-0&-02 11:10:
Cook County Recorder 49.50
WHEREAS, the Craftsman Plating and Tinning Corporation and James B. Blacklidge • "Owners"), hold legal title to certain parcels of real property ("Abutting Property") which arc located at 1223-1231 West School Street, in the County of Cook, State of nimois, aM- which are currently used for the manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only, and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking; and other similar uses and facilities; and
WHEREAS, on February 5,1998, the City Council of the City of Cnicago approved
an ordinance (CJ. pp. 62183, .62185 - 62189), a copy of which is attached as Exhibit A and
:' ¦ '• V' ' :-' ''
which is hereby'mwrporati^ which Ordinance provided for the vacation of that
part of a triangular shaped north-south public alley lying north ofthe westerly extension ofthe
north line of the east-west 16 foot public alley and which lies southeasterly of the . '
southeasterly line of the former ritght-of-way of the Chicago, Milwaukee, St. Paul and Pacific
Railroad in the block bounded by West School Street, North Racine Avenue, North Lakewood
Avenue and West Melrose Street (hereinafter referred to as "Subject Premises"), the Subject
Premises being more particularly described in Exhibit A which is attached and incorporated;
and
WHEREAS, the vacation provided in the Ordinance is conditioned upon the execution and recording by the Owners of a restrictive covenant running with the land that provides that the Subject Premises shall be used only for manufacturing (including production, processing, cleaning, servicing, testing and repair) of materials, goods or products only, and for those structures and additional uses which are reasonably necessary to permit such manufacturing use including the location of necessary facilities, storage, employee and customer parking, and other similar uses and facilities;
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PASSAGE AND APPROVAL OF THE VACATION ORDINANCE AND THE VESTING OJ .TITLE EN THE OWNERS, WITHOUT THE REQUIREMENT THAT THE OWNERS. PAY COMPENSATION TO THE CITY, THE OWNERS DO HEREBY AGREE WITH AND COVENANT TO THE CITY OF CHICAGO AS FOLLOWS:
1. USE. The Owners hereby covenant, to the City-of Chicago that the above-described Subject Premises shall not be used for any use or purpose other than those which are set forth in Exhibit B, which is attached and incorporated, and for those uses and purposes which are accessory to such activities, including, but not limited to, the location of necessary and appropriate offices and facilities, storage, emplojee.and customer parking and other similar uses and facilities. The consideration for such covenant, which is deemed and agreed to be valuable and sufficient, is the vacation by the City of Chicago of the Subject Premises for the benefit of Owners without the requirement that the Owners pay compensation to the City.
1. COVENANT TO RUN WITH THE LAND AND TERM THEREOF. The burdens of the covenant herein contained shall run with the Subject Premises. The benefits of such covenant shall be deemed in gross to the City of Chicago, its successors and assigns. The
|1010|
covenant shall be binding on the Owners, their successors and assigns, and shall' be enforceable by the Ciry, its successors and assigns. The covenant may be released or abandoned only upon approval of the City Council of the Chy of Chicago which may condition its approval upon the payment of such additional compensation by the Owners or any persons claiming'unde/ the Owners, which said City Council of the City of Cnicago deems to be equal to die benefits . . accruing because of the release or abandonment of the covenant. 2. VIOLATION OF RESTRICTIONS.
(a) Reversion. In the event that the Owners cause or permit a violation
of a restriction contained herein, the City of Chicago may serve the Owners
with a written notice entitled NOTICE OF VIOLATION setting forth the
violations. Such notice shall be sent to Owners at 12SQ W. Melrose Street,
Chicago, Illinois 60657. Within thirty (30) days of receipt of said Notice of
Violation, Owners shall cause the correction of or cure the violations set forth
therein. In the event that Owners shall fail orreruse to cause the correction.of
or cure such violations within the period of thirty (30) days, the City of Chicago
may then record wim the Cook County Recorder of Deeds a copy of the Notice
of Violation, proof of service of the Notice of Violation and a Notice of
Reversion. Upon the recording of the aforementioned documents by the. City of
Chicago, die Subject Premises shall be deemed to be conveyed by Owners to the
City of Chicago. In the event that the City does not exercise its right of
reversion as stated in this Section 3(a) within twenty (20) years from the date of
execution and recording of this Covenant, then the provisions of this Section
3(a) shall be deemed null and void.
(b) Enfniramftnt. In addition to the foregoing, this Covenant shall be
* SS8S£t>86
• enforceable by all remedies available in law or in equity, including injunctive relief.
IN WITNESS WHEREOF, me Owners have caused this Covenant to be duly executed and attested to this /ff day of Af**f 1998. '"
CRAFTSMAN PLATING AND TINNING CORPORATION
Its: Y^jS
ATTEST:
Its:
JAMES B. BLACKLIDGE
ACCEPTED:
^^k^^Y^^ •
Commissioner of Transportation
APPROVED AS TO FORM AND LEGALITY:
SS8££1?86
si }'¦¦¦ i afc-d r.forrt,G
STATE OF ILLINOIS )
)
COUNTY OF COOK )
I, the undersigned, a Notary Public in and for the County and State aforesaid, DO
HEREBY CERTIFY that James B. Blacklidge , js 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 as such
he/she signed and delivered the said instrument, his/her voluntary act, for the uses and i
purposes therein set form.
GIVEN under my hand and notarial seal this )% day of J7s$y :1T1998.
Prepared by and when recorded, return to:
John McDonough ,
Assistant Corporation Counsel <
121 Norm LaSalle Street C
Room 610, City Hall -^**^
Chicago, Illinois 60602
312/744-9827
££8££t>86
STATE OF ILLINOIS )
)
COUNTY OF COOK )
I, the undersigned, a Notary Public tn and for the County and State aforesaid, DO
HEREBY CERTIFY that James B. Blacklidge f personally known to me
to be the President of Craftsman Plating & Tinning Corp. -t a
corporation, 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 as such he/she signed and
delivered the said instrument, as the free and voluntary act of such corporation, for tfre" uses and purposes therein set forth.
9- .
GIVEN under my hand and notarial seal this day of /fy/ 1998-
Prepared by and when recorded, return to:
John McDonough
Assistant Corporation Counsel
121 North LaSalle Street
Room 610, Chy Hall
Chicago, Illinois 60602
312/744-9827
EXHIBIT A - VArATTHN (YRTWNfANPR
No. P.I.N, applicable - document afreets newly vacated public way
|1010|££8££t>86
REPORTS OF COMMITTEES
thereof- The benefits of such covenant shall be deemed in gross ta^Ke City of Chicago, its successors and assigns, and the burdens of such covenant shall run gntn end burden the public way vacated by this ordinance^The covenant may jje released or abandoned by the City only upon approval of the City- Council ffhich may condition its approval upon the payment of such additional g^nperisation which it deems to be equal to the benefits accruing because of the release or abandonment.
SECTION 5. The vacation herein^pfovided for is made upon the express condition that within one hundrakeighty (180) days after the passage of this ordinance, the Mid-City National Bank of Chicago, as Trustee, under Trust Number 2539 shall file or catfse to be filed for record in the Office of tl&Recorder of Deeds of Cook County^lmnois, a certified copy ofthis ordinance, together with a restrictive covenarittxomplyihg with Section 4 of this ordinance, approved by the CorporatiojK^Counsel, and an attached drawing approved by the Supermtendent of Maps.
SEpTfON 6. This ordinance shall take effect and be in force from and after its ssage.
[Drawing referred to in--this ordinance-printed on_paKfr"62l84 of this Journal.]
VACATION OF PORTION OF PUBUC ALLEY IN BLOCK BOUNDED BY WEST SCHOOL STREET, NORTH RACINE AVENUE, NORTH LAKEWOOD AVENUE AND WEST MELROSE STREET,
The Committee on Transportation and Public Way submitted the following report:
CHICAGO, February2,1998.
To the President and Members of the City Council
(Continued on page 62185)
REPORTS OF COMMITTEES . 62185
(Continued from page 62183)
your Committee on Transportation and Public Way begs leave to report and ^pojnmend that Your Honorable Body Pass an ordinance for the vacation of that part of a triangular shaped north/south public alley hying north of the westerly extension of the north line of the east/west 16 foot public alley and which lies southeasterly of the southeasterly line of the former right-of-way of the Chicago, Milwaukee, St Paul and Pacific Railroad in the block bounded by West School Street, North Racine Avenue, North Lakewood Avenue and West Melrose Street. This ordinance was referred to the committee on February .2,1998.
This recommendation was concurred in unanimously by a viva voce vote of the members of the committee, with no dissenting vote.
Respectfully submitted,
(Signed) THOMAS R. ALLEN,
Vice Chairman.
On motion of Alderman Allen, the said proposed ordinance transmitted with the foregoing cornrnittee report was Passed by yeas and nays as follows:
Yeas—Aldermen Granato, Haithcock, Tillman, Preckwinkle, Holt, Lyle, Beavers, Dixon, Shaw, Buchanan, Balcer, Frias, Olivo, Burke, Jones, Coleman, Peterson, Mu^b^>yRugja^;TM^tm^, ?DeVille, Munoz, Zalewski;:Chandler, Solis, Ocasio, Buniett.'E.SmithTiBurreH, Wojcik, Suarez, Gabmskii'Mefl.Austiri, Colom, Banks, Giles, Allen, Lauriho/ O'Connor, Doherty, Natarus, Bemardini, Levar, Shiller, Schulter, M. Smith, Moore, Stone - .
Nays — None.
Alderman Natarus moved to reconsider the foregoing vote. The motion was lost. The following is said ordinance as passed:
WHEREAS, The City of Chicago ("City") is a home rule unit of local government pursuant to Article VII, Section 6(a) of the 1970 Constitution of the State of Illinois, and, as such, may exercise any power and perform any function pertaining to its government and affairs; and
££8££t>86
JOURNAL—CITY COUNCIL—CHICAGO
WHEREAS, The City has experienced a significant loss of Industry and jobs in recent years, accompanied by a correspondingerosion of its tax base, due in to industrial firms' inability to acquire additional property needed for their continued viability and growth; and
WHEREAS, Many industrial firms adjoin streets and alleys that are no longer required for public use and might more productively be used for plant expansion and modernization, employee parking, improved security, truck loading areas or other industrial uses; and '
WHEREAS, The City would benefit from the vacation of these streets and alleys by reducing City expenditures on maintenance, repair' anW replacement; by reducing fly-dumping, vandalism and other criminal activity; and by expanding the City's property tax base; and
WHEREAS, The City can strengthen established industrial areas and expand the City's job base by encouraging the growth and modernization of existing industrial facilities through the vacation of public streets and-alleys for reduced compensation; and.
. WHEREAS, The properties.at 1223 to 1231 Wefct School Street are owned by" Craftsman Plating and TinningCoiporation and James B. Blacklidge; and
WHEREAS, Craftsman Plating and Tinning -Corporation and James B. Blacklidge employs eighty (80) individuals in the manufacture of electroplated metals; and
WHEREAS, Craftsman Plating and Tinning Corporation and James B.
Blacklidge proposes to use the -portion of the alley to be vacated herein for
warehouse expansion and other such uses which are reasonably necessary
therefore; and ^_ ^
WHEREAS, The City Council of the City of Chicago, after due investigation'and consideration, has determined that the nature and extent of the public use and the public interest to be subserved is such as to warrant the vacation of part of public alley described in the following ordinance; now, therefore.
Be It Ordained by the City Council of the City of Chicago:
SECTION 1. All ofthe triangular shaped north/south public alley lying west and southwesterly of the west and southwesterly lines of Lot 19, lying north of the westerly extension ofthe south line of Lot 19 in JohnP. Altgeld's Subdivision of that part ofthe east half of the southwest quarter of Section 20, Township 40 North, Range 14, East ofthe Third Principal Meridian, lying east of the easterly
REPORTS OF COMMITTEES
itoc ofthe right-of-way of the Chicago and Evanston and Lake SuperiorTtoilroad presently called the former right-of-way of the Chicago, MuVaukeeLSt. Paul and pacific Railroad in Cook County, Illinois, h/ing southeasterly of the southeasterly jjne of the former right-of-way of Chicago, Milwaukee, St. Paul and Pacific Railroad said southeasterly former right-of-way line adjoins the northwesterly line of Lot 19 in John P. Altgeld's Subdivision aforesaid; said public alley herein vacated being further described as that part of a triangular shaped north/south public alley lying north of the westerly extension of the north line of the east/west 16 foot public alley and which lies southeasterly ofthe southeasterly line of the former right-of-way of the Chicago, Milwaukee, St. Paul and Pacific Railroad in the block bounded, by West School Street, North. Racine Avenue, North Lakewood Avenue and West Melrose Street as shaded and indicated by the words To Be Vacated" on the drawing hereto attached, which drawing for greater certainty, is hereby made a part of this ordinance, be and the same is hereby vacated and closed, inasmuch as the same is no longer required for public use and the public interest will be subserved by such vacation.
SECTION 2. The Commissioner of Transportation is hereby authorized to accept, subject to the approval of the Corporation Counsel as to form and legality, and on behalf of the City of Chicago, the benefits 6f a covenant or similar instrument restricting the use of the public way vacated by,this ordinance to the manufacturing (inducting production*- processing, cleaning, servicing, testing and repair) of materials, goods or products only and for those structures and additional uses which are reasonably necessary to permit such manufacturing use mcluding the location of necessary facilities, storage, employee and customer parking, and similar other uses and facilities. Such covenant shall be enforceable in law or in equity and shall be deemed to provide for reconveyance ofthe property to the city upon substantial breach of the terms and conditions thereof. The benefits of such covenant shall be deemed in gross to the City of Chicago, its successors and assigns, and the burdens of such covenant shall run with and burden the public way vacated by this ordinance. The covenant may be released or abandoned by the City only upon approval of the City Council which may condition its approval upon the payment of such additional compensation which it deems to be equal to the benefits accruing because of the release or abandonment.
SECTION 3. The vacation herein provided for is made upon the express condition that within one hundred eighty (180) days after the passage of this ordinance, the Craftsman Plating and Tinning Corporation and James B. Blacklidge shall file or cause to be filed for record in the Office of the Recorder
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JOURNAL—CITY COUNCIL-CHICAGO
of Deeds of Cook County, Illinois, a certified copy of this ordinance, together •
a restrictive covenant complying with Section 2 of this ordinance, approved?!
the Corporation Counsel, and an attached drawing approved by
Superintendent of Maps. y ^
SECTION 4. This ordinance shall take effect and be in force from and aft its passage. *
(Drawing referred to in this ordinance printed on page 62189 of this Journal]
ESTABLISHMENT OF TAXICAB STAND NUMBER 732 ON PORTION OF SOUTH WABASH AVjgNUE.
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The . Committee on Transportation and Public/way submitted the following
report: " ' "'
CHICAGO, February 2, 1998,
To the President and Members of the City Council:
Your Commi rtee'on Transportation and Public Way begs leave to report and recommend that Your. Honorable Body Pass an ordinance authorizing and -directingjBie Commissioner of Transportation to establish Taxicab Stand Number/32 on the west side of South Wabash Avenue, from a point 20 feet southof East Madison Street to a point 60 feet south thereof, for three vehicles •'tow-away zone. This ordinance was referred to the committee on January 14, 1998.
(Continued on page 62190)
REPORTS OF COMMITTEES 62189
Ordinance associated with this drawing printed on pages 62186 through 62188 of this Journal.
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John P.AItgefd's Sub. of lhat part of the E.tt ofthe S.W. V4 of Sea 20-40-14, lying E. of the E'ly line of the Right of Way ofthe Chicago and Evanston and Lake Superior R.R. „D„ D
Wm.J.GoucVs Sub. of that part of the S.E.V4 of the S.W.V4 of Sec. 20-40-14, lying W. ofthe Right of Way ofthe Chicago and Evanston and Lake Superior R.R „q„
Vacated by Ordinance Approved Dec. 22,1926;
Rec. Dec. 31.1926 Doc. No. 9509602
Dr. No. 20-44-97-2161
Note: This Alley Is being vacated under the INDUSTRIAL STREET AND ALLEY PROGRAM.
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1. Manufacturing, production, processing, assembly, fabricating, cleaning,
servicing and repair of materials, goods or products, including but not limited to the following:
Food and Kindred Products j
Tobacco Products '
Apparel and Other Textile Products
Lumber and Wood Products
Furniture and Fixtures
f Paper and Allied Products
Printed and Published Products
Chemicals and Allied Products
i. Petroleum and Coal Products
j. Rubber and Miscellaneous Plastics
k. Leather and Leather Products
1. Stone, Clay and Glass Products
m. Primary Metals
n. . Fabricated Metal Products
o. Industrial Machinery and Equipment
p. Electronic and Electric Equipment
q. Transportation Equipment
r. Instruments and Related Products s. Scrap Metals
2; Transportation and wholesale trade, as distinguished from retail trade, of the materials, goods or products listed above.
3. Research and development of prototypes and processes related to the activities listed above.
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